chargee's power of sale
An error in computing interest cannot fetter chargee's power of sale
CONSERVATORY ORDERS IN CRIMINAL MATTERS
ELC has jurisdiction to issue preservatory orders in criminal matters
LETTER OF ALLOTMENT
A letter of allotment is not title to land.
ADVERSE POSSESSION
Gazzetted Magistrates have jurisdiction over adverse possession cases.
PURPOSE OF INTERLOCUTORY ORDERS
Interlocutory orders are meant to preserve the suit property pending the determination of the suit.
LAND DISPUTES TRIBUNALS
Jurisdiction of land dispute tribunals does not include claims of title to land.
SECTION 26 OF THE LAND REGISTRATION ACT
Conditions for impeachment of a title under Section 26 of the Land Registration Act.
CONSTITUTIONAL PETITION UNDER ELC
Conditions for a party to satisfy for constitutional reliefs in ELC matters.
RES JUDICATA CONDITIONS
A party must satisfy certain conditions in order to succeed in a claim for Res Judicata.
NO JURISDICTION OVER SUCCESSION DISPUTES
Environment and land court lacks jurisdiction over succession disputes.
IRREPARABLE DAMAGE
Loosing prime property is irreparable damage.
INTERNAL DISPUTE RESOLUTION MECHANISMS
Statutory dispute mechanisms must be exhausted before approaching the Court for reliefs.
CONSENT REQUIRED BEFORE FILING A SUIT
Under s. 30 (1)Land Adjudication Act, adjudication officer to consent in writing before filing suit
LIMITATION OF ACTIONS
Constitutional Petitions cannot be defeated by doctrine of laches.
CONDITIONS FOR MANDATORY INJUNCTION
Interim Mandatory injunctions have finality to them. They must meet this criteria.
CONSTITUTIONAL PETITION UNDER ELC
Only ELC can hear violation of environmental and land rights.
PUBLIC PARTICIPATION
Lack of public participation may indicate violation of environmental rights.
ADMISSIBILITY OF DOCUMENTS
Mere production of a document as an exhibit does not constitute it's proof.
ADVERSE POSSESSION
A party must prove that the owner of the land lost possession.
JURISDICTION IN SUCCESSION MATTERS
The ELC does not have jurisdiction over succession disputes over a deceased person Estate.
PRELIMINARY OBJECTIONS MUST BE CANVASSED
Once pleaded, a Preliminary Objection must be canvassed.
JURISDICTION OVER MULTIPLE CLAIMS
The ELC is the best forum to adjudicate multiple claims over several adjudicating jurisdictions.
JURISDICTION OVER MULTIPLE CLAIMS
The ELC is the best forum to adjudicate multiple claims over several adjudicating jurisdictions.