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Recent Judgments

Court held that an abbreviated middle name on a grant is a misnomer; both name variants refer to the same administrator.
Succession law – Letters of Administration – Misnomer and name discrepancies – Application of misnomer doctrine and “reasonable reader” test – Court’s inherent powers to prevent injustice and recognize administrator despite name variation.
13 February 2026
Second appeal dismissed: purchase proved; alleged clan title and gift unproven, eviction and permanent injunction ordered.
Civil procedure – Second appeal limited to questions of law; appellate re-evaluation of evidence. Land law – proof of purchase versus clan/ancestral land; requirements for valid gift inter vivos. Evidence – admissibility of electronic recordings; necessity of locus in quo visit when ownership central.
12 February 2026
Application for stay pending appeal dismissed for procedural defects, lack of capacity, and failure to show irreparable harm.
Civil procedure — Stay of execution pending appeal — Rule 6(2)(b) and Rule 42(1)/(2) Court of Appeal Rules — Jurisdictional/competency requirements — Locus/standing — Judicial review (prerogative) orders not generally executable — Conditions for stay: prima facie success, irreparable harm, balance of convenience, security — Clean hands doctrine — Independent administrative action (IGG) and freezing of accounts.
12 February 2026
Whether a court may sever and allocate jointly held matrimonial land and the proper procedure for doing so.
Land law – Joint tenancy – Unities of possession, interest, title and time – Modes of severance (unilateral act, agreement, course of dealing, court order) – Severance during subsisting marriage – Procedure for severance v. human rights application under Article 50 – Effect of certificate of title – Permanent injunction and proprietary rights (Article 26).
12 February 2026
Court stayed execution pending appeal, holding the decision was appealable as of right and applicants met stay requirements.
Court of Appeal – Stay of execution pending appeal – Appeal as of right where decision conclusively determines rights – Requirements for stay: arguable appeal/likelihood of success, irreparable harm/nugatory outcome, balance of convenience, promptness of application – Execution/taxation proceedings and risk of civil imprisonment.
12 February 2026
Trial court erred in dismissing the applicant’s land claim for lack of locus standi; appeal allowed and matter remitted.
Civil procedure – locus standi in land disputes – distinction between locus standi and cause of action – requirement (or not) of letters of administration for a beneficiary to sue – appellate procedure – service and timing of applications for leave to appeal out of time – competence objections under Court of Appeal Rules (Rules 82, 102) – remittal for hearing on merits.
12 February 2026
The applicant’s appeal is dismissed because the memorandum of appeal breached Rule 86(1) by stating vague, argumentative grounds and is therefore non-viable.
Second appeal — role of second appellate court under Rule 32(2) and s.72 CPA; Civil Procedure — Rule 83 (institution of appeals and service of application for proceedings); Civil Procedure — Rule 86(1) (contents of memorandum of appeal; requirement to state specific grounds); Evidence — appraisal of inconsistencies and possession in land disputes; Property law — characterization of transaction as mortgage versus sale and principles on clog on redemption.
12 February 2026
Amendment to pleadings denied due to inordinate delay and potential prejudice despite the amendment not introducing a new cause of action.
Civil procedure — Amendment of pleadings (Order 6 r.19) — Leave to amend to determine real questions in controversy — Amendments permissible unless they introduce a distinct new cause, are mala fide, expressly prohibited, or cause irremediable prejudice — Inordinate delay and prejudice as valid grounds for refusal — Statutory notice to Land Commissioner not determinative of refusal in this case.
12 February 2026
A Constitutional Court judgment delivered by fewer than the constitutionally required five judges is a nullity and must be reheard.
Constitutional Court composition — Article 137(2) — coram requirements — validity of collegiate judgments where a panel member fails to sign or deliver an opinion — coram non judice — limits of substantive justice (Article 126(2)(e)) — prospective overruling/annulment inapplicable — remittal for rehearing.
12 February 2026
Court issued a habeas corpus writ after finding credible evidence of custodial detention despite respondents' denials.
Habeas corpus – Article 23 (personal liberty) – Right to habeas corpus inviolable – Burden of proof in habeas corpus – Evidentiary weight of affidavits where documentary records are in detaining authority’s control – Production order to inquire into legality of detention.
12 February 2026
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