|
Citation
|
Judgment date
|
| February 2025 |
|
|
|
24 February 2025 |
|
|
24 February 2025 |
|
|
24 February 2025 |
|
|
21 February 2025 |
|
|
21 February 2025 |
|
|
21 February 2025 |
|
Condominium Property—common property—ownership rights—parking areas—swimming pool—developer obligations—contractual misrepresentation—estoppel—variation of condominium plan—illegality—remedies
|
21 February 2025 |
|
A suit was dismissed for want of prosecution due to plaintiffs' failure to take action after filing the plaint.
Civil procedure – dismissal for want of prosecution – failure to take steps after filing plaint – exercise of discretion under section 17(2) of the Judicature Act.
|
19 February 2025 |
|
The court dismissed the plaintiffs' fraud case for failure to prosecute under section 17(2) of the Judicature Act.
Civil procedure – dismissal for want of prosecution – section 17(2) Judicature Act – failure to take steps after filing suit – consequences for plaintiffs' inaction.
|
19 February 2025 |
|
Beneficiaries claiming interest in estate land held to have locus and joined as necessary parties to ongoing land dispute.
Civil Procedure – Joinder of parties – Locus standi – Beneficiaries seeking to be added as necessary parties – Sufficient interest in subject matter – Variation in names and proof of relationship – Discretion to join parties for complete adjudication under Order 1 Rule 10(2) CPR.
|
18 February 2025 |
|
An unserved, unprosecuted application to reinstate a dismissed suit was itself dismissed under section 17(2) of the Judicature Act.
Civil procedure – dismissal for want of prosecution – failure to serve and prosecute an application – application dismissed under section 17(2) Judicature Act – application to set aside dismissal and reinstate suit unsuccessful.
|
18 February 2025 |
|
|
17 February 2025 |
|
|
14 February 2025 |
|
Application dismissed for want of prosecution due to failure to serve and take steps after filing.
Civil procedure – dismissal of application – want of prosecution – failure to serve application on respondents – discretion of court under s.17(2) Judicature Act.
|
13 February 2025 |
|
|
11 February 2025 |
|
|
7 February 2025 |
|
|
6 February 2025 |
|
Long-standing family occupation (kibanja) survives registration; purchaser's failure of due diligence attracts compensation, not title cancellation.
Land law – protection of unregistered equitable interests (kibanja/family occupation) – occupants' rights survive transfer of registered title
Property – bona fide purchaser for value without notice – duty of due diligence; failure to inquire can defeat protection
Relief – where occupants' equitable rights exist, compensation assessed by Chief Government Valuer is appropriate rather than cancellation of title. Civil procedure – burden of proof and proof of fraud; fraud must be pleaded and proved but conduct may amount to actionable lack of inquiry
|
6 February 2025 |
| January 2025 |
|
|
Land Law—proprietary interest—fair hearing—procedural justice—consent judgment—consequential orders—no consequential orders where no full trial against party—eviction
|
31 January 2025 |
|
Land Law—joint tenancy—spousal dispute—trespass—registrable interest—partition of property—sale of property—mesne profits—general damages—court’s discretion—costs
|
31 January 2025 |
|
An application to reinstate a dismissed suit was itself dismissed for want of prosecution due to failure to serve or prosecute.
Civil procedure – dismissal for want of prosecution – effect of failure to serve respondent or prosecute application – application for reinstatement of dismissed suit – procedural requirements under the Judicature Act and Civil Procedure Rules.
|
30 January 2025 |
|
Application to correct an alleged judicial omission dismissed for lack of prosecution and failure to serve respondents.
Civil Procedure – Correction of oversight or omission – application dismissed for want of prosecution – failure to serve hearing notice and prosecute application – Section 17(2) of the Judicature Act.
|
28 January 2025 |
|
An application for eviction and demolition was dismissed for want of prosecution due to failure to serve and pursue the matter.
Civil procedure – dismissal for want of prosecution – requirement to serve hearing notice – failure to prosecute application – eviction and demolition orders – oversight or omission in prior proceedings.
|
28 January 2025 |
|
Application for further eviction and demolition orders dismissed due to procedural defects and lack of service on respondents.
Civil procedure – Dismissal of application – Failure to serve application and extract hearing notice – Enforcement of judicial orders and procedural requirements.
|
28 January 2025 |
|
|
28 January 2025 |
|
An appeal was dismissed for failure to file an affidavit of service as required by the Civil Procedure Rules.
Civil Procedure – Service of process – Affidavit of service – Dismissal of appeal for failure to comply with service requirements under Order 5 rule 1 CPR.
|
28 January 2025 |
|
|
28 January 2025 |
|
Application for leave to appeal dismissed for want of prosecution due to failure to serve and prosecute the application.
Civil Procedure – Application for leave to appeal – Security for costs – Dismissal for want of prosecution – Failure to serve respondent – Section 17(2) of the Judicature Act.
|
28 January 2025 |
|
Application to reopen suit and recall witnesses dismissed for lack of service and prosecution, with no order as to costs.
Civil procedure – application to reopen suit – recall of witnesses – absence of affidavit of service – dismissal for lack of prosecution.
|
28 January 2025 |
|
Application to recall witnesses dismissed for lack of service and prosecution, with no order as to costs.
Civil procedure – application to reopen suit and recall witnesses – failure to serve or prosecute – dismissal for want of prosecution.
|
28 January 2025 |
|
|
28 January 2025 |
|
An application for review was dismissed due to the applicant's failure to pursue or set down the application for hearing.
Civil Procedure – Application for review – Dismissal for want of prosecution – Lack of follow up by applicant – Section 17(2) of the Judicature Act.
|
28 January 2025 |
|
An application for review was dismissed for want of prosecution due to the applicant's failure to pursue the matter.
Civil Procedure – review – dismissal for want of prosecution – application dismissed where applicant took no steps to prosecute.
|
28 January 2025 |
|
Application to compel production of land title dismissed for want of prosecution due to applicant's inaction.
Civil procedure – Dismissal for want of prosecution – Application to compel production of document – No follow-up by applicant – Application dismissed under section 17(2) of Judicature Act.
|
28 January 2025 |
|
|
24 January 2025 |
|
|
23 January 2025 |
|
Court cancelled a fraudulently created title: plot originated from estate property; purchaser and vendor lacked valid title and due diligence.
Land law – origin of subdivided/mother plots – requirement of survey and provenance of titles
Trust/estate property – capacity to dispose – necessity of letters of administration or authority by administrators/beneficiaries
Title – conclusiveness of certificate of title subject to fraud; protection of bona fide purchasers and limits where purchaser has notice
Fraud and sharp practice – burden and strict proof; effect of lack of due diligence by purchaser
Remedies – cancellation of title, injunctions, damages and costs
|
23 January 2025 |
|
|
23 January 2025 |
|
|
22 January 2025 |
|
|
21 January 2025 |
|
|
21 January 2025 |
|
|
20 January 2025 |
|
|
20 January 2025 |
|
|
20 January 2025 |
|
|
16 January 2025 |
|
|
16 January 2025 |
|
|
16 January 2025 |
|
|
16 January 2025 |
|
|
14 January 2025 |
|
|
13 January 2025 |