Conveyancing
chargee's power of sale

An error in computing interest cannot fetter chargee's power of sale

Conveyancing
CONSERVATORY ORDERS IN CRIMINAL MATTERS

ELC has jurisdiction to issue preservatory orders in criminal matters

Conveyancing
LETTER OF ALLOTMENT

A letter of allotment is not title to land.

Conveyancing
ADVERSE POSSESSION

Gazzetted Magistrates have jurisdiction over adverse possession cases.

Conveyancing
PURPOSE OF INTERLOCUTORY ORDERS

Interlocutory orders are meant to preserve the suit property pending the determination of the suit.

Conveyancing
LAND DISPUTES TRIBUNALS

Jurisdiction of land dispute tribunals does not include claims of title to land.

Conveyancing
SECTION 26 OF THE LAND REGISTRATION ACT

Conditions for impeachment of a title under Section 26 of the Land Registration Act.

Conveyancing
CONSTITUTIONAL PETITION UNDER ELC

Conditions for a party to satisfy for constitutional reliefs in ELC matters.

Conveyancing
RES JUDICATA CONDITIONS

A party must satisfy certain conditions in order to succeed in a claim for Res Judicata.

Conveyancing
NO JURISDICTION OVER SUCCESSION DISPUTES

Environment and land court lacks jurisdiction over succession disputes.

Conveyancing
IRREPARABLE DAMAGE

Loosing prime property is irreparable damage.

Conveyancing
INTERNAL DISPUTE RESOLUTION MECHANISMS

Statutory dispute mechanisms must be exhausted before approaching the Court for reliefs.

Conveyancing
CONSENT REQUIRED BEFORE FILING A SUIT

Under s. 30 (1)Land Adjudication Act, adjudication officer to consent in writing before filing suit

Conveyancing
LIMITATION OF ACTIONS

Constitutional Petitions cannot be defeated by doctrine of laches.

Conveyancing
CONDITIONS FOR MANDATORY INJUNCTION

Interim Mandatory injunctions have finality to them. They must meet this criteria.

Conveyancing
CONSTITUTIONAL PETITION UNDER ELC

Only ELC can hear violation of environmental and land rights.

Conveyancing
PUBLIC PARTICIPATION

Lack of public participation may indicate violation of environmental rights.

Conveyancing
ADMISSIBILITY OF DOCUMENTS

Mere production of a document as an exhibit does not constitute it's proof.

Conveyancing
ADVERSE POSSESSION

A party must prove that the owner of the land lost possession.

Conveyancing
JURISDICTION IN SUCCESSION MATTERS

The ELC does not have jurisdiction over succession disputes over a deceased person Estate.

Conveyancing
PRELIMINARY OBJECTIONS MUST BE CANVASSED

Once pleaded, a Preliminary Objection must be canvassed.

Conveyancing
JURISDICTION OVER MULTIPLE CLAIMS

The ELC is the best forum to adjudicate multiple claims over several adjudicating jurisdictions.

Conveyancing
JURISDICTION OVER MULTIPLE CLAIMS

The ELC is the best forum to adjudicate multiple claims over several adjudicating jurisdictions.