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Recent Judgments

ATIA exemption for pre-conclusion court records unconstitutional; JSC shortlisting discretion and AG non-intervention lawful.
Access to information — Article 41 — Parliamentary mandate under Article 41(2) — ATIA provisions — cabinet records; confidentiality and privilege; deliberative process exemption — Section 1(2)(b) ATIA (court records pre-conclusion) held unconstitutional — Section 17 JSA (privilege of JSC communications) constitutional — Judicial Service Commission discretion in shortlisting — Attorney General non‑intervention and institutional independence.
4 December 2025
Petition challenging park gazettement for lack of consultation/compensation dismissed; SI 43/2003 held valid and remains in force.
Constitutional jurisdiction — statutory instrument — consultation via local government — right to property (Article 26) and prior compensation — burden of proof — res judicata on compensation interpretation — enforcement via Article 50.
4 December 2025
An interlocutory application to set aside an ex parte ruling is moot once the underlying application has been finally determined.
Civil procedure – interlocutory application to set aside ex parte ruling – doctrine of mootness and functus officio – effect of final determination of underlying application – remedy by restoration – service of process disputes.
4 December 2025
Court set aside ex parte striking of appeal, restoring applicant's right to be heard due to counsel's negligence.
Civil procedure — Ex parte rulings — Rule 56(2) & (3) — Setting aside ex parte decisions — 'Sufficient cause' — Effect of counsel negligence on litigant's right to be heard — Service of process — Restoration of appeal for interparty hearing.
4 December 2025
Court upheld jurisdiction only over Bulemezi land, found triable issues but no irreparable harm, and dismissed injunctions with costs.
Civil Procedure – interlocutory relief – temporary injunction and interim orders – jurisdiction over land – territorial jurisdiction; registered title vs equitable interest; prima facie case; irreparable harm; balance of convenience; preservation of status quo.
4 December 2025
Court extended Letters of Administration and allowed late filing of estate inventory and account due to sufficient cause.
Succession law – Extension of Letters of Administration (s.337 Succession Act) – Extension of time to file inventory and account (s.273) – Sufficient cause for extension where title re-issuance and squatters/bibanja negotiations caused delay – beneficiary consent – procedural directions for updated inventory.
4 December 2025
Appellant failed to prove title; respondents’ possession upheld, unpleaded general damages set aside; appeal partly allowed.
Land law – proof of title and boundaries – sufficiency of purchase agreement; Possession evidence and locus visit – effect on ownership claim; Limitation – accrual of trespass cause of action when encroachment known; Pleading requirements – general damages must be pleaded or claimed/counterclaimed; Locus standi – validity of letters of administration at institution of suit.
4 December 2025
Whether beneficiaries can validly sell intestate land before administration and whether a registered title may be impeached for fraud.
Succession law – sale by beneficiaries prior to grant – equitable interest upon deposit and possession; Registration of Titles – certificate conclusive but impeachable for fraud; fraud must be attributable to transferee; bona fide purchaser without notice test; court cannot grant unpleaded monetary reliefs; orders against deceased estate require proper representation.
3 December 2025
Whether a reviewing judge may correct a patent contradiction in judgment and whether unsolicited general damages may be awarded.
Civil procedure — Review jurisdiction — Error apparent on face of record — Distinction between review and appeal — Correction of patent contradictions in judgment; Reliefs not pleaded — Award of general damages not justified on review; Competency/leave to appeal from review decision heard by a different judge.
3 December 2025
Failure to exhaust mandatory internal appeal remedies barred judicial review of employment dismissal; appeal dismissed with costs.
Administrative law — Judicial review — Requirement to exhaust internal and alternative remedies — Employment disputes governed by HR manual — Appeal window of seven days for internal appeal — Effective service/receipt of disciplinary decision.
3 December 2025
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