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Citation
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Judgment date
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| June 2025 |
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27 June 2025 |
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The court overturned an unlawful land transfer of 28.70 acres of estate property.
Property Law – Fraudulent Land Transfer – Lawful Title Registration – Bona Fide Purchaser Doctrine – Cancellation of Title Deeds.
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27 June 2025 |
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27 June 2025 |
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27 June 2025 |
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26 June 2025 |
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26 June 2025 |
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Plaintiff's claims dismissed; lease allocation to 2nd defendant deemed lawful but demolition unauthorized due to lack of court order.
Land Law - Lease agreements - Legitimate expectation - Adverse possession - Tenant rights - Fraudulent title acquisition
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25 June 2025 |
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Security for costs denied where respondent showed prima facie case and applicant failed to prove inability to pay.
Civil procedure — Security for costs (Order 26 r.1) — Applicant must show appeal is frivolous/vexatious and respondent lacks reasonable prospect of success and/or inability to pay — Registrar endorsement not fatal with ECCMIS — cross-appeal relevance.
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24 June 2025 |
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Court grants unopposed application to subdivide land based on undisputed evidence of prior agreement among beneficiaries.
Land law – application for subdivision – failure of respondents to oppose application – agreement to subdivide land.
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24 June 2025 |
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An application to reinstate an appeal was dismissed due to a fundamentally defective affidavit and an illegal memorandum of appeal.
Civil procedure – preliminary objections – affidavit evidence – material falsehoods – locus standi – illiterate litigants – compliance with Illiterates Protection Act – illegality of pleadings – reinstatement of dismissed appeals.
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24 June 2025 |
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Court dismissed appeal, affirming service was effected and damages properly awarded for trespass.
Civil Procedure - service of summons on corporate entities - ex parte judgment - adoption of defenses.
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24 June 2025 |
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Court dismissed redundant suit for efficiency, with similar claims addressed in another pending case.
Civil procedure – consolidation of suits – dismissal of redundant suits – land ownership and trespass claims – procedural considerations for efficient court processes.
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24 June 2025 |
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Application for discovery of bank documents dismissed due to lack of possession and control by respondent.
Civil procedure – discovery and inspection of documents – necessity for possession and control by respondent – relevance to matter in question – insufficiency of grounds for discovery order.
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24 June 2025 |
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Non-service of an application on a party does not warrant a review if it doesn't result in miscarriage of justice.
Civil Procedure - Review - Non-service of application - Grounds for review - Right to be heard - Addition of parties for effective adjudication.
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24 June 2025 |
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Application dismissed as overtaken by dismissal of related civil appeal, each party bears own costs.
Civil Procedure – Application – Dismissal – Costs – Application rendered moot after related appeal dismissal.
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23 June 2025 |
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A conditional stay of execution was granted pending appeal due to a self‑executing judgment and risk of irreparable loss, subject to security.
Civil procedure — Stay of execution pending appeal — Requirements: notice of appeal, likelihood of success, absence of unreasonable delay, imminent threat of execution, balance of hardship, security for due performance — Self‑executing judgment and resurvey as basis for imminent threat.
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23 June 2025 |
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Court allows estate beneficiary's claim against alleged fraudulent dealings with inherited property to proceed to trial.
Civil Procedure – Cause of Action – Estate management and beneficiary rights – Alleged fraudulent dealings with estate property.
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23 June 2025 |
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The High Court granted a stay of execution conditioned on depositing security pending resolution of ex parte order disputes.
Civil Procedure – Stay of execution – criteria for granting stay – immanent threat of garnishee proceedings – depositing security for due performance.
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23 June 2025 |
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Stay of execution granted, conditioned upon security deposit, to prevent potential loss pending appeal.
Civil Procedure - Stay of execution pending appeal - Requirements for grant - Imminent threat of execution - Self-executing orders.
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23 June 2025 |
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Amendment of court decrees requires procedural compliance post co-administrator's death.
Administration of estates – Power to amend decrees post demise of co-administrator – Procedure for altering court decrees in estate administration.
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23 June 2025 |
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20 June 2025 |
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19 June 2025 |
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19 June 2025 |
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19 June 2025 |
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19 June 2025 |
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Stay of execution was refused due to delay in application and lack of proof of imminent execution or substantial loss.
Civil procedure – stay of execution pending appeal – delay – substantial loss – proof of imminent execution – requirements for stay of execution.
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18 June 2025 |
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Courts must award costs to successful parties or provide reasons for departing from this rule when dismissing a suit.
Civil procedure – Costs – Discretion of the court – Successful party generally entitled to costs unless reasons given to the contrary – Duty of court to provide reasons when not awarding costs to successful party – Section 27 Civil Procedure Act interpreted.
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17 June 2025 |
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17 June 2025 |
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17 June 2025 |
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17 June 2025 |
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An application for a land preservation order was dismissed, as the title had already been cancelled by final court orders.
Land law – Preservation orders – Temporary injunctions – Title cancellation – Abuse of process – Effect of final court orders on subsequent applications – No preservation of non-existent legal interest.
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13 June 2025 |
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13 June 2025 |
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Court granted leave for a representative suit to preserve family burial grounds upon proof of common interest and authorization.
Civil procedure – Representative suit – Requirements for instituting representative action – Proof of common interest, written authorization, and proposed plaint – Personal service of notice on represented persons.
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13 June 2025 |
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13 June 2025 |
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A procedural error led to dismissal for non-appearance; court reinstated the application, finding sufficient cause was shown.
Civil procedure – application to set aside dismissal – non-appearance – sufficient cause – procedural irregularity – reinstatement of application.
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13 June 2025 |
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12 June 2025 |
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12 June 2025 |
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A suit was dismissed for lack of locus standi and failure to disclose a cause of action due to defective letters of administration.
Civil procedure – locus standi – cause of action – letters of administration – res judicata – striking out plaint for lack of standing – court’s power to dismiss for abuse of process.
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12 June 2025 |
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11 June 2025 |
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11 June 2025 |
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Court set aside dismissal of the suit, reinstated the civil action and ordered costs in the cause.
Civil procedure – application to set aside order dismissing suit; reinstatement of proceedings; costs in the cause; brief ruling based on affidavit and skeletal submissions.
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10 June 2025 |
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High Court lacks jurisdiction to extend time for filing leave to appeal, which lies exclusively with the Court of Appeal.
Civil Procedure – Extension of time – Application for leave to appeal – Jurisdiction of High Court versus Court of Appeal – Applicability of Section 79(2) of Civil Procedure Act and Rule 40(2)(a) of Judicature (Court of Appeal Rules).
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10 June 2025 |
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10 June 2025 |
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An application for leave to appeal was dismissed as it was filed out of time under the applicable procedural rules.
Civil procedure – leave to appeal – application for leave to appeal – time limitation – Rule 40(2) of the Judicature (Court of Appeal) Rules – strict interpretation of limitation deadlines – consequence of late filing.
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10 June 2025 |
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10 June 2025 |
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2 June 2025 |
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2 June 2025 |
| May 2025 |
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30 May 2025 |
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A suit alleging fraud cannot be dismissed as time-barred at the preliminary stage where disputed facts require trial.
Civil Procedure – Preliminary objections – Whether suit time-barred in context of alleged fraud – Limitation Act, section 25 – Requirement for undisputed facts for preliminary objection – Stay of proceedings pending costs – Judgment on admission – Disputed authority of board resolution.
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30 May 2025 |
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30 May 2025 |