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Citation
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Judgment date
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| July 2025 |
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Ex parte judgment set aside due to counsel's negligence in failing to inform applicants of hearing dates.
Civil Procedure - Setting aside ex parte judgment - Negligence of counsel as sufficient cause - Interests of justice
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28 July 2025 |
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Non-compliance with mandatory procedural rules led to the abatement of a land trespass suit.
Civil procedure - summons for directions - abatement due to procedural non-compliance - mandatory procedural requirements under Order 11A.
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28 July 2025 |
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The court dismissed the plaintiff's suit for failing to serve summons on the defendant within the required 21 days.
Civil procedure – service of summons – failure to serve summons within prescribed time – dismissal of suit
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28 July 2025 |
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The Plaintiff's suit abated due to failure to take out summons for directions within required time.
Civil procedure – abatement of suit – failure to take out summons for directions within required time – mandatory compliance
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28 July 2025 |
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A suit abates where the Plaintiff fails to take out summons for directions within the prescribed period.
Civil procedure – abatement of suit – failure to take out summons for directions – mandatory procedural requirements – Order 11A, Rule 1 Civil Procedure Rules.
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28 July 2025 |
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Applicant's equitable land interest is non-registrable; application for title rectification dismissed for lack of legal basis.
Land law - registration of titles - rectification of register - equitable interest vs legal title - indefeasibility of registered titles.
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28 July 2025 |
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Court dismisses review application for procedural irregularities due to simultaneous appeal, citing res judicata and abuse of process.
Civil Procedure – Review and Appeal – Execution of judgment – Concurrent pursuit of appeal and review remedies – Proper procedural service.
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25 July 2025 |
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Application for leave to appeal and stay of execution dismissed for lack of merit and threat of execution.
Civil procedure – Leave to appeal – Review of judgment – Stay of execution – Requirements – Substantive issues – Procedural objections.
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24 July 2025 |
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Conviction for forgery does not suffice as proof for recovering land from current registered proprietors.
Land law – Land registration – Consequential orders – Requirements for rectification of land register – Proof of land recovery.
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24 July 2025 |
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Court held Respondent's suit is valid but must correct valuation and pay appropriate court fees.
Civil Procedure – Locus Standi – Cause of Action – Valuation of Suit Property – Order 32 of the Civil Procedure Rules
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24 July 2025 |
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Applicant's extension of time for judicial review denied; issues require evidentiary evaluation in civil court.
Land law – Application for judicial review – Extension of time for filing – Evaluation of evidence required – Possible fraud claims.
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24 July 2025 |
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An application to set aside a consent judgment failed due to defective affidavits and absence of evidence of fraud or exclusion.
Civil procedure – Consent judgment – Application to set aside consent judgment – Defects in supporting affidavit – Party participation – Allegations of fraud and collusion – Voluntary withdrawal of counterclaim.
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22 July 2025 |
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The suit was dismissed due to the plaintiff's failure to extract summons for directions.
Civil Procedure – incompetence – failure to extract summons for directions – dismissal of suit
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22 July 2025 |
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A self-executing declaratory order does not require formal execution proceedings, and no stay will issue without proof of irreparable harm.
Civil procedure – stay of execution – self-executing declaratory orders – requirements for stay of execution pending appeal – irreparable loss – balance of convenience.
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21 July 2025 |
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The court ordered return of property to the Plaintiff, finding the Defendant in breach of contract and guilty of fraud in a land sale.
Land law – sale agreement – breach of contract – fraud – cancellation and restoration of title – remedies – damages and interest – statutory powers of court over land registration.
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21 July 2025 |
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17 July 2025 |
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17 July 2025 |
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17 July 2025 |
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17 July 2025 |
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17 July 2025 |
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The court dismissed the application for review, finding no new evidence or error on the record to warrant it.
Civil Procedure - review of court orders - contempt of court - discovery of new evidence - error on the face of the record.
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17 July 2025 |
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An abated suit cannot be revived by review; a fresh suit subject to limitation law is required.
Civil Procedure – Abatement of suit – Application for review – Appropriate remedies post-abatement.
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15 July 2025 |
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15 July 2025 |
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14 July 2025 |
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14 July 2025 |
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Where a government agency is dissolved by statute, the Attorney General may be substituted as defendant in pending litigation.
Civil procedure – substitution of parties – dissolution of statutory body – transfer of legal liabilities – Attorney General's mandate to represent Government – inherent powers of the court to make just orders.
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14 July 2025 |
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14 July 2025 |
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14 July 2025 |
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Court granted a vesting order for land where the applicant fulfilled statutory conditions but could not obtain transfer due to vendor's death.
Land law – Vesting order – Section 151 of the Registration of Titles Act – Conditions for vesting order – Sale by deceased proprietor – Administrative refusal to effect transfer – Proof of sale, payment, and possession – Court's inherent jurisdiction.
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10 July 2025 |
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10 July 2025 |
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10 July 2025 |
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An application dependent on an abated suit is dismissed for lack of legal standing.
Civil procedure – abatement of suit – effect of abatement on dependent applications – locus standi in claims based on joint tenancy.
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10 July 2025 |
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9 July 2025 |
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9 July 2025 |
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9 July 2025 |
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9 July 2025 |
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9 July 2025 |
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9 July 2025 |
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A suit abates automatically when plaintiffs fail to extract summons for directions within the mandatory period under civil procedure rules.
Civil procedure – abatement of suit – failure to take out summons for directions – mandatory procedural requirements – effect of non-compliance with Civil Procedure Rules.
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8 July 2025 |
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8 July 2025 |
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8 July 2025 |
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A lower court cannot reinstate a stay vacated by the Court of Appeal; application dismissed as lacking jurisdiction and abuse of process.
Civil procedure — Stay of execution — Requirement of a valid Notice of Appeal under Court of Appeal Rules — Jurisdictional prerequisite; res judicata; lis pendens; abuse of court process; lower court cannot reinstate an order vacated by the Court of Appeal.
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8 July 2025 |
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The appellate court set aside the trial decision, finding the respondents in trespass due to improper evaluation of boundary evidence.
Land law – trespass – boundaries – locus in quo – evaluation of evidence – pleadings – contradiction in measurements – sufficiency of oral evidence – failure to draw sketch map – rehearing on appeal – permanent injunction – survey orders
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7 July 2025 |
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2 July 2025 |
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2 July 2025 |
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1 July 2025 |
| June 2025 |
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Court dismisses appeal for lack of letters of administration in intestate estate property dispute.
Land Law – property rights – administrator general's authority – letters of administration necessity for intestate estates.
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30 June 2025 |
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Eviction without compliance with Rent Restriction Act procedures is unlawful; damages and dismissal of counterclaim upheld.
Landlord and tenant law; unlawful eviction; Rent Restriction Act (applicable law in 2019); necessity of court order and proper notice for eviction; evidential contradictions; proof of rent payment; assessment of general and punitive damages; counterclaim as independent but disposed when foundational facts unproved.
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30 June 2025 |
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Court upheld the lower decision denying easement through a respondent's land due to lack of recorded access road.
Land Law – Easements – Right of way – Obligation to recognize public right of way – Evaluation of access roads in land disputes.
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27 June 2025 |
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Application for an injunction dismissed due to changes in circumstances and a pending appeal.
Civil Procedure – Application for suspension and mandatory injunction – Change of status quo – Application overtaken by events.
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27 June 2025 |