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The applicant failed to demonstrate any point of law worth certification for appeal, as the principle of tracing ownership was properly applied and the issue of locus in quo was a matter of evidence, not law.
Source excerpt
The decision of the High Court in Land Appeal No. 20231127000026199 originated from the Ward Tribunal, as the original dispute was filed there and all subsequent proceedings stemmed from that case. Therefore, the Applicant properly invoked section 47(2) of the Land Disputes Courts Act in seeking certification of points of law for appeal to the Court of Appeal. The preliminary objection is dismissed with costs.
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None of the five points raised by the Applicant constitute valid points of law for certification to the Court of Appeal, as they were either factually unsupported or already determined by the lower courts.
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The applicant failed to demonstrate any point of law worth certification; the issue of locus standi raised was based on factual matters requiring evidence, not a pure point of law.
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The application was dismissed because the issues raised were either factual, not legal, or had already been properly addressed by the lower courts. No point of law meriting certification for appeal to the Court of Appeal was established.
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The High Court certified a point of law for appeal, holding that the admissibility of an unstamped sale agreement was a legal issue worthy of Court of Appeal review.
The Tribunal's failure to record and consider assessors' opinions before judgment constituted a fatal procedural irregularity, rendering the proceedings and judgments of both the Tribunal and High Court a nullity.
Source excerpt
The High Court granted certification for appeal, holding that the applicant raised an important point of law about double allocation and priority of allocation in a land dispute.
The appeal was incompetent as none of the grounds of appeal constituted valid certified points of law as required by section 47(3) of the Land Disputes Courts Act; the High Court erred in certifying evidential and factual matters as points of law.
Source excerpt
The High Court refused to certify a point of law for a proposed appeal, holding that the complaint concerned facts rather than a legal issue and dismissing the application with costs.
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