Judgments

Land law — Trespass and compulsory acquisition — Burden of proof on plaintiff to prove ownership/possession — Documents marked for identification are inadmissible unless exhibited — Certificate of title not conclusive unless admitted in evidence.

Criminal law – Aggravated robbery – Participation proved by circumstantial evidence – Completeness of evidential chain – Evaluation of single identifying witness – Doctrine of last seen – Admissibility and effect of untendered call/data records – Alibi as afterthought.

Criminal law – Murder – circumstantial evidence and doctrine of 'last seen' – alibi raised late and rejected – identification by witness of accused with panga – motive (land dispute) – appellate re-evaluation of evidence – sentence within permissible range.

Succession law – appointment of personal representatives for pending litigation; Civil Procedure – extension of time to amend pleadings (Order 6 r19, r25); protection of estate’s locus standi; service/notification error; avoidance of multiplicity of suits.

Public procurement — Standard Bidding Documents — alleged unauthorized modification; Bid validity and bid security — mandatory responsiveness requirement; Arithmetic corrections — lawful correction of non-material summation/transfer errors; Evaluation — consistent application of criteria; Display period — typographical error curable; Remedies — application dismissed.

Constitutional law – Article 50 enforcement – competency where ownership is disputed; Civil procedure – fraud allegations must be pleaded with particulars and tried in ordinary suit; Land law – disputed title and registration; Relief by constitutional motion inappropriate for contested factual disputes.

Criminal law – shop breaking and theft – recent possession doctrine – circumstantial evidence – possession of housebreaking instruments – appellate reappraisal of evidence – sentencing: concurrency, totality and proportionality.

Succession law - Letters of Administration - renewal and extension - beneficiaries' consent - section 337(4) Succession Act - final account - no costs.

Land law – registered title – indefeasibility and conclusive proof of ownership – security of occupancy – bona fide occupants with long possession – trespass – refusal of eviction, injunction, mesne profits and damages.

Succession and land law — identity and misnomer — disputed execution of documents — burden of proof under Evidence Act (ss.66,101) — enforceability of transactions over unadministered estate land — equitable/possessory interests, acquiescence and protection against successors — trespass and possession.

Criminal procedure — Reinstatement of dismissed appeals — Discretion under Section 37 Judicature Act — Sufficient cause (prison transfer and lack of legal aid) — Severability of falsehoods in affidavits — Assessment of arguable merits before reinstatement.

Criminal law – Theft – Entrustment of goods and dishonest conversion – Inference of intent from conduct – Material contradictions in prosecution evidence – First appellate re-evaluation of facts – Sentence within statutory limit and consecutive term discretionary.

Local Council courts — LCII original jurisdiction in customary land disputes — Stare decisis and binding Court of Appeal precedent — Parties cannot consent to oust jurisdiction or validate illegality — Quashing of Chief Magistrate’s orders restoring LCII and LCIII judgments.

Contracts Act – guarantee – guarantor liability accrues upon principal debtor’s default and after exhaustion of statutory modes of execution; Civil Procedure Act – modes of execution; Procedure – service of notice of motion; Registration of Persons Act – national ID cannot be used as collateral; Inherent powers of court – judge’s direction lawful.

Civil procedure — Summary suit — Application for leave to appear and defend under Order 36 r.5 — Appealability — Order 44 r.2 and s.76 Civil Procedure Act — Appeal incompetent without prior leave.

Asset recovery – Pre‑conviction disposal of exhibits – Trial on Indictments Act s130(1) – Burden and standard of proof for tainted property – Presumption of innocence and fair trial – Deposit of exhibited cash into ODPP Asset Recovery Management Fund – Exceptions for rapidly depreciating or perishable items.

Civil procedure – Appeals – Memorandum of Appeal vs Notice of Appeal – Time limits under Section 79 and Order 43 CPR – Failure to obtain certified record not an excuse – Proper procedure to challenge dismissal: leave to appeal under Order 44.

Land law – trespass and possession – burden of proof for actual and exclusive possession; locus in quo – role in testing oral evidence; boundary evidence – anthills, sisal, trees; mediation proceedings – admissibility and estoppel.

Civil Procedure – Order 17 r.4 CPR (S.I. 17-1) – dismissal for want of prosecution – failure to attend hearings and take steps to progress suit – court’s discretion to decide suit forthwith.

Civil Procedure – dismissal for want of prosecution – Order 17 rule 4 (S.I. 17-1) – failure to appear at hearings – non-performance of acts necessary to progress the suit – judicial discretion to decide and dismiss.

Civil revision (s.83 CPA) — Parliamentary Elections Act (s.74) — Vote recount — Jurisdiction to order and conduct recount — Affidavit/jurat defects — Judicial discretion — Recount as numerical verification not full reconciliation — Chain of custody and election petition remedies.

Criminal procedure – Bail pending trial – Presumption of innocence and discretion to grant bail – Assessment of fixed abode and substantial sureties under Constitutional Bail Guidelines – Aggravated defilement charge.

Land law – Registration of Titles – Fraudulent transfer after proprietor’s death – Indefeasibility of title and exceptions – Caveatable interest of administrators – Bona fide mortgagee and due diligence – Cancellation of title and mortgage – Damages and costs.

Succession law — Administrator pendente lite — Letters of administration — Requirement to show nexus/connection to estate and inability/unwillingness of person entitled to administer — Adding representative as party to pending suit.

Civil procedure – challenge to Registrar/Assistant Registrar orders – proper remedy is appeal or revision to a High Court Judge (Order 50/Rule 8), not review under Section 82 CPA and Order 46 CPR; inherent jurisdiction cannot override specific statutory procedure.

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.

Land law – Equitable ownership from payment under consent judgment – Fraudulent procurement of administrator registration – Rectification of land register – Cancellation of entries obtained by fraud – Damages for legal uncertainty.

Succession Act s.218 — letters of administration limited to a suit — limited grant confined to specified pending proceedings; locus standi — capacity to sue; joinder as party in later suit; limited administrator cannot be made party to unrelated subsequent suit.

Succession Act (s.218/s.222) – limited letters of administration – scope confined to specified pending suit; locus standi to sue or be joined; party addition in separate proceedings; preliminary objections: limitation and alteration of cause of action.

Land law – temporary injunction – preservation of status quo – prima facie case and likelihood of success – irreparable injury – limits on interlocutory determination of ownership by Assistant Registrar – appeal rendered nugatory where status quo changed.