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Citation
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Judgment date
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| April 2022 |
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Application for instalment payment dismissed for failure to file an affidavit of means; stay of execution discharged.
Civil procedure — payment of judgment in instalments — Order 36 Rule 9 HCR — Order 47 RSC — affidavit of means — full and frank disclosure — inability to pay — stay of execution discharged.
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27 April 2022 |
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A registered certificate of title is conclusive; a local authority cannot lawfully displace registered ownership by issuing occupancy licences.
Property law – Certificate of Title – Conclusive effect of certificate (Lands and Deeds Registry Act s.33) – Adverse possession barred after issuance of certificate (s.35) – Local authority’s occupancy licences and levies cannot override registered title – Improvement Area Declaration not retrospective.
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27 April 2022 |
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Application to dismiss land action for lack of jurisdiction dismissed for procedural non‑compliance and because High Court retains concurrent land jurisdiction.
Civil procedure — Order 14A summons requirements — mandatory statement of question(s) of law and order sought; Order 33 cannot override Order 14A; Order 3 Rule 2 High Court Rules limited to interlocutory orders; Lands Tribunal Act does not oust High Court original jurisdiction over land matters; where Supreme Court decisions conflict, the later decision prevails.
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25 April 2022 |
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Court permitted re-opening to admit fresh documentary evidence after finding Ladd v Marshall criteria satisfied.
Civil procedure — Fresh evidence after close of case — Order III r2 High Court Rules; Order 38 r13 Rules of Supreme Court — Ladd v Marshall criteria applied — documentary evidence; self‑explanatory exhibits; prevention of prejudice to opposing parties.
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11 April 2022 |
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The applicant’s failure to promptly file a notice of appeal justified refusal to grant leave to appeal out of time.
Civil procedure — Appeal from Registrar — Order XXX, Rule 10(1) — seven‑day notice requirement — extension of time — promptness required — sitting on rights — prospects of success — failure to file grounds or submissions.
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6 April 2022 |
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Mortgagee entitled to foreclosure, possession, sale and enforcement of guarantors and debenture after mortgagor's default.
Mortgage law - legal mortgage by demise - foreclosure, possession and sale on default - enforcement of personal guarantees (suretyship) - enforcement of debenture (fixed and floating charge) - uncontested originating summons evidence.
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5 April 2022 |
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Affidavit in reply filed without leave was expunged and land recovery claim dismissed as statute-barred under the Limitation Act.
Civil procedure — Affidavit in reply: generally requires leave; court discretionary to admit affidavits filed without leave where issues were unforeseeable
Limitation Act 1939 s4(3) — 12-year bar to actions for recovery of land; s26 exception for fraud/mistake delays accrual until discovery
Order 14A — preliminary point of law appropriate to dismiss plainly statute-barred land claims
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1 April 2022 |