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Section 13(4) of the Land Disputes Courts Act does not require parties joined after initial mediation to undergo mediation before the ward tribunal; striking out the application for lack of mediation involving the joined party was improper.
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The deceased was professing Christianity, as evidenced by Form No. I and undisputed facts regarding his marriage; the trial and appellate courts erred by relying on place of abode and number of wives as proof of customary life. The primary court lacked jurisdiction to entertain the probate and administration cause of the deceased.
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The appeal was filed before the notice of intention to appeal was served to the Registrar, contrary to section 102(1)(a) of the Land Registration Act. The statutory requirement is clear and mandatory; failure to comply renders the appeal incompetent.
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The demand notice dated 7th December 2020 issued by the first plaintiff is a public document, and its certification suffices for admissibility under section 83(a)(ii) of the Evidence Act; objections regarding notice to produce and certification procedure are overruled in the interest of justice.
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The mediator has no power to grant or dismiss applications for condonation; such powers are reserved for arbitrators. The proceedings and award by the mediator are nullified, and the condonation application must be heard by an arbitrator.
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The trial magistrate erred by imposing a sentence below the statutory minimum for rape; the appellate court must enhance the sentence to comply with section 131 of the Penal Code.
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The Land Registration Act is a specific law governing appeals against the Registrar of Titles and does not require joining the Attorney General as a necessary party. The Government Proceedings Act, being a general law, does not override the specific procedures in the Land Registration Act. The Solicitor General was wrongly joined and should be excluded, but this misjoinder does not render the appeal incompetent.
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The appellant failed to apply for renewal of the primary mining licence within the statutory period; the application made after expiry was invalid. The Mining Authority was not required to serve notice of default for an out-of-time application. The respondent's licence was properly granted as the land was open for new applications. The Commission properly evaluated the evidence and reached a correct decision.
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The High Court's jurisdiction to hear and determine constitutional petitions is strictly limited by statutory timelines. The ninety-day period for hearing and determination starts from the date of assignment by the Principal Judge or Judge in-charge, not from the date of determination of competence. Once ninety days lapse, the court's jurisdiction ceases by effluxion of time. Rule 15(1) of the Rules is inconsistent with Section 10 of the Basic Rights and Duties Enforcement Act and must be amended to conform to the parent law.
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Disputes referred to the Commission for Mediation and Arbitration by the Labour Commissioner under section 86(1) of the ELRA and paragraph 13(5) of the third schedule to Cap 366 are not exempt from limitation laws; the respondents were heard by the CMA and cannot claim to have been condemned unheard; the High Court erred in holding otherwise and in addressing substantive issues at the preliminary objection stage.
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