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Citation
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Judgment date
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| December 2002 |
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11 December 2002 |
| October 2002 |
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11 October 2002 |
| September 2002 |
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Appellant awarded substantially increased general damages for prolonged unlawful occupation; most special damages rejected for lack of proof.
Property law – trespass and unlawful occupation of large-scale agricultural land – State vicarious liability for authorised occupation; Evidence – particularity and consistency required to prove special damages; Civil appeals – appellate interference with damages awards only where inordinately high/low or wrong principle applied.
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9 September 2002 |
| August 2002 |
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Poverty alone does not excuse a party from an arbitration agreement, which remains enforceable unless legally impossible to perform.
Arbitration – exceptions to referral – impecuniosity – 'incapable of being performed' under Section 41 of the Arbitration and Conciliation Act – poverty not a ground to avoid arbitration – arbitration clause enforcement – pre-arbitration mediation procedures – stay of court proceedings in favour of arbitration.
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26 August 2002 |
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Customary occupation prevailed; District Land Board’s allocation and subsequent registration were unlawful and obtained by fraud.
Land law – customary tenure vs lawful/bona fide occupancy – applicability of s.30 of the Land Act – s.30(5) purchaser inclusion – District Land Board powers under s.60 – procedural requirements for allocation (consultation/publicity) – fraudulent acquisition and registration of title – valid withdrawal procedure in appellate court.
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6 August 2002 |
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The court dismissed an appeal challenging the validity of service of summons where the appellant failed to prove the recipient was a minor.
Civil procedure – service of court summons – burden of proof regarding age of recipient – application to set aside ex parte judgment – proper interpretation and application of Order 5 Rule 14 and Order 9 Rule 24 CPR.
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2 August 2002 |
| July 2002 |
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Appeal dismissed where agent fraudulently registered land in his own name contrary to the deceased's intention and trust.
Land law – Fraudulent transfer – Fiduciary duty of agent – Evidence of unregistered interests – Cancellation of fraudulent registration – Standard of proof in allegations of fraud.
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9 July 2002 |
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Extension of time granted despite 2½-year delay because counsel’s failures and justice on the merits warranted relief.
Court of Appeal – extension of time under Rule 4 – sufficient cause – inordinate delay – effect of counsel’s negligence on litigant – procedural formalities for affidavits and annexures – administration of justice and merits.
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5 July 2002 |
| June 2002 |
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Technical nomination defects not causing substantial diversity do not invalidate a candidate’s election.
* Election law – Nomination requirements – Substantial compliance and identity of candidate. * Returning Officer's discretion under s.14(2) – "shall" directory not always mandatory. * Grounds for invalidation limited to s.15 of the Parliamentary Elections Act. * Unchallenged affidavits may cure technical defects. * Standard of proof in election petitions: balance of probabilities.
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27 June 2002 |
| May 2002 |
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A purchaser at sale in execution can be joined and its title challenged for execution irregularities despite prohibition on 'fronting' allegations.
Civil Procedure Act s.35(1) – execution proceedings – joinder of auction purchaser and investigation of execution irregularities; Civil Procedure Act s.51 – prohibition on pleading 'fronting'; Civil Procedure Rules Order 19 r.64 – notice period before sale; validity of sale in execution; auctioneer/bailiff liability and procedure.
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27 May 2002 |
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Constitutional interpretation claims belong to the Constitutional Court; suits against government must be brought against the Attorney General.
Constitutional law – jurisdiction – Article 137 (Constitutional Court) v Article 50 (enforcement of fundamental rights); procedural competence – plaint v notice of motion; Fundamental Rights Enforcement Rules applicable to Constitutional Court; suits against government must be instituted against the Attorney General; DPP and police officer not proper parties for official acts.
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20 May 2002 |
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A former member who resigned and transferred shares could not petition for company winding up or seek remedies for mismanagement.
Company law – effect of resignation as member/director – locus standi to petition for winding up – admissibility of evidence from other proceedings – rectification of company register – proper grant of remedies affecting third parties.
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20 May 2002 |
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Conviction overturned where sole eyewitness identification was unsafe and uncorroborated.
Criminal law – identification evidence – single identifying witness – cautionary rule – examine length of observation, distance, lighting, prior acquaintance – need for corroboration where conditions unfavourable; murder conviction quashed for unsafe identification.
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16 May 2002 |
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Failure to formally frame issues was irregular but not fatal; technical claims (scales, pricing) required expert evidence and were unsupported.
Civil procedure – framing of issues (Order 13 r1(5)) – irregularity but no miscarriage of justice where parties clearly identified contested matters; Evidence – technical issues (weighing scales) require expert proof; Contract/pricing – preferential price claims must be supported by clear agreement; Credibility – court may prefer independent auditor over partisan witness; Judgment requirements – reasons must be in judgment (Order 18 r4-5) but body of judgment sufficed; Costs – discretionary, cannot award unpleaded costs (Order 6 r6; Civil Procedure Act s27).
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14 May 2002 |
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Criminal law
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8 May 2002 |
| April 2002 |
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Taxation law|Tax Law
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22 April 2002 |
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3 April 2002 |
| March 2002 |
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The court upheld that the buyer failed to prove the supplied goods were unfit and dismissed all claims for refund and damages.
Contract law – Sale of goods – Fitness for purpose – Burden of proof – Reliance on seller’s skill and judgment – Evidence evaluation.
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15 March 2002 |
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State not vicariously liable for soldiers’ trespass absent evidence they acted in course of employment or under orders.
Vicarious liability – State liability for soldiers’ wrongful acts – requirement that acts be done in course of employment or under orders – hearsay inadmissibility of attributed statements as proof of orders – burden to prove authorization or acquiescence in trespass.
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6 March 2002 |
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Judicial discretion must be soundly exercised; advocate's errors alone don't justify appeal deadline extensions.
Civil Procedure - Extension of Time - Sufficient reason for delay - Advocate's blunder - Judicial discretion.
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6 March 2002 |
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Contract Law|Enforcement of contract|Formation and validity of Contract
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5 March 2002 |
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A credit dispute over dishonoured cheques fails on appeal due to lack of proof of repayment or employee fraud.
Contract – supply of goods – credit facility – post-dated cheques – dishonoured cheques – proof of payment – allegation of fraud – assessment of evidence and credibility of witnesses – appellate review.
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1 March 2002 |
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Lack of consideration is a triable issue in cheque suits; interest rate must be agreed or statutory for liquidated damages.
* Civil procedure – summary suit on cheque – Order 33 CPR – leave to appear and defend – applicant must show bona fide triable issues, not prove defence.
* Bills of Exchange Act (Cap. 76) – s.57(a)(ii) – interest on dishonoured bill – rate not fixed by statute; interest is liquidated only where rate is agreed or statutory.
* Evidence – lack of consideration for cheque is a triable issue warranting trial rather than disposal at summary stage.
* Interest claimed at an unagreed rate may remove suitability for summary procedure.
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1 March 2002 |
| February 2002 |
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28 February 2002 |
| January 2002 |
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Architectural drawings and correspondence formed part of the contract; contractor’s delay and shoddy work justified termination and barred quantum meruit recovery.
Building contracts – incorporation of drawings and letters into contract – contractor’s obligation to follow specifications; breach by delay and defective workmanship – termination justified; lump-sum contract – no quantum meruit for incomplete defective work; damages – general damages for consequential loss; improper special damages and excessive interest set aside or reduced.
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22 January 2002 |
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Court held self-defence must be considered where evidence shows honest belief of imminent violent attack, even if unpleaded.
Criminal law – Self-defence – Duty of trial court to deal with alternative defences emerging from evidence even if unpleaded; application of s.17 Penal Code and English law principles on honest belief, necessity and duty (or absence) to retreat; trial judge misdirection; acquittal where killing justified as self-defence.
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22 January 2002 |
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Extension of time refused where counsel’s negligence and prolonged delay did not amount to sufficient cause.
Civil procedure – extension of time – Rule 4 – "sufficient reason" required – mistakes of counsel may suffice only if amounting to error of judgment – inordinate delay and negligence are not sufficient.
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14 January 2002 |
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Civil Procedure|Actions and applications
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14 January 2002 |
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Appeal allowed in part: summary dismissal of suit based on asserted privilege was erroneous; factual hearing required.
Civil procedure – summary disposal under Order 6 (rules 27, 28, 29) / Order 13 rule 2 – inappropriate where resolution depends on factual evidence; privilege of communications by military officers – not to be summarily determined without proof; res judicata – prior miscellaneous applications under different rules did not bar main suit.
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12 January 2002 |
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Court affirms respondent's registered title and trespass finding, rejecting biased additional Lands Department evidence.
Land law – title and possession – disputed parcel location (Masya vs Kijubwe) – admissibility and weight of additional expert/land department evidence – principles of natural justice in investigative inquiries – trespass – res judicata – sufficiency of evidence for fraud and counterclaim.
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1 January 2002 |
