Results.
6 judgments found.
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| January 2014 |
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Contracts for sale of land were rescinded by mutual agreement; plaintiffs entitled to deposit refund, interest and costs.
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Contract law — Sale of land — Specific performance vs rescission by mutual agreement — Clause providing refund of deposit — Entitlement to refund with interest and costs — Effect of payment into court
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30 January 2014 |
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Consent judgment for possession prevails; post-judgment sale of the property was fraudulent and void, interpleader was improperly used.
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Civil procedure — Execution of consent judgment; interpleader (Order 43(1)(b)) not applicable to immovable property seized under writ; fraudulent post-judgment sale void ab initio; lack of locus standi to challenge execution
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27 January 2014 |
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Sales by an unincorporated Resident Development Committee were void; plaintiffs had no legal title and their claim was dismissed.
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Land law — ownership vested in the President and administered by Ministry of Lands/District Councils; sale by unincorporated Resident Development Committee void ab initio; squatter register entries not equivalent to legalized title; no title passed, developments at occupiers’ risk
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20 January 2014 |
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Respondent’s installation as chief declared null for breaching customary rotational succession; selection to be remitted to the traditional council.
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Customary law — chieftainship succession — patrilineal rotation among three chiefly branches (Njera, Chipanga, Chapyoka) — election cannot displace customary rotational eligibility — installation contrary to custom declared null and void; court will not itself install a chief but will remit selection to the traditional electoral body
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9 January 2014 |
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Unopposed equitable mortgage claim: judgment for debt with interest and 60‑day moratorium before foreclosure and sale.
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Equitable mortgage — Originating summons — Default judgment — Valid service of process — Interest awarded — Moratorium before foreclosure and sale — Costs taxed
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6 January 2014 |
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Applicant failed to prove purchase and thus was not entitled to a vesting order under section 14 of the High Court Act.
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High Court Act s14 — Vesting order — Burden of proof on applicant to establish completed sale — Statutory declaration and caveat as intending purchaser insufficient — Requirement of assignment and consent to assign land — Deputy Registrar not authorized to execute assignment absent proof
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5 January 2014 |