Description
Liability of members of the urban authority – suit against a councilor – coming into force of the land Act and the village land Act – trespass to land – jurisdiction of ordinary courts on trespass to land – an issue raised in submissions on appeal.
- Liability of members of the urban authority.
- A Councilor can be sued in his name.
- Councilor failed to prove that he was acting bona fide in execution of his duties as a member of the urban authority.
- The Land Act came into operation on 1stMay 2001 (GN.No 485 of 2002) and that the Land Disputes Courts Act came into force on 1/10/2003 (G.N 223 of 2003).
- Definition of trespass to land.
- Ordinary courts have jurisdiction to entertain suits based on the tort of trespass to land.
- On appeal an issue, which was not part of the grounds of appeal, was raised in submissions by the appellant and was argued by both parties – it was held that the court has the right and duty to resolve it.
- Default judgment entered in contravention of the law – proper procedure for default judgment.
