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The High Court quashed a land tribunal's refusal to execute its earlier order, holding the applicant was entitled to enforcement of the unchallenged judgment.
The issue of family land was pleaded and featured in evidence; thus, the tribunal did not err in addressing it. The first appellant was not a bonafide purchaser for value due to inconsistencies in evidence and lack of proof of title from the seller. The tribunal was justified in nullifying the sale and recognizing the respondents' interest as administrators of the family land.
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The High Court refused leave to appeal, finding the intended grounds were not arguable and did not justify appellate review.
The High Court upheld a tribunal ruling that the land dispute was functus officio because ownership of the suit house had already been decided in earlier proceedings.
The High Court Land Division allowed the appeal, holding that the dispute was a land matter and that the District Land and Housing Tribunal had jurisdiction.
The sale of the suit properties to the 3rd and 4th defendants was unlawful due to failure to comply with mandatory notice requirements under the Land Act and Auctioneers Act; the auction was invalid and the transfer of title arising from it is void.
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The High Court held that the plaintiff was a bona fide purchaser, but her title was extinguished by a prior nullification order. It ordered refund and compensation.
The District Land and Housing Tribunal lacked jurisdiction to redetermine the validity of the sale of the suit property because the issue had already been conclusively determined by the probate court, and unless reversed by a higher court, that decision is binding. The omission of parties to bring the probate decision to the tribunal's attention does not prevent the High Court from correcting the resulting illegality.
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The court held that a mortgage auction was null and void for failure to comply with mandatory notice and publication requirements, though the borrower had defaulted.
The sale of the suit property was null and void as it violated the mandatory 14-day public notice requirement under section 12 of the Auctioneers Act; the auction was conducted only two days after notice, rendering the sale illegal and ineffectual.
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