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Citation
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Judgment date
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| September 2014 |
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10 September 2014 |
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Consent judgments are binding and cannot be set aside for tax-omission alone absent fraud, mistake or illegality.
Consent judgments — setting aside — limited grounds (fraud, collusion, illegality, mistake, ignorance of material facts); appeals — Notice of appeal filed in High Court and transmission by Registrar to Court of Appeal; procedural objections raising mixed law and fact require motion and affidavit evidence.
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10 September 2014 |
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5 September 2014 |
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Land
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5 September 2014 |
| August 2014 |
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Criminal law
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8 August 2014 |
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The court affirmed dismissal of an election petition for failure to prove illegal practices or substantial non-compliance with electoral law.
Election petitions – Parliamentary Elections Act – illegal practice – bribery – standard and burden of proof – evaluation and admissibility of affidavit evidence – effect of evidence irregularities – campaign expenses versus bribery – dismissal of petition for lack of proof.
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5 August 2014 |
| July 2014 |
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Evidence Law
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31 July 2014 |
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Administrative Law|Administrative Review
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23 July 2014 |
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Civil Procedure|Appeals and reviews|Criminal law
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16 July 2014 |
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Criminal law
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16 July 2014 |
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Criminal law
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16 July 2014 |
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Applicant failed to show urgency or likelihood of success to justify an interim stay of High Court proceedings pending appeal.
Civil procedure — Stay of execution/interlocutory stay pending appeal — Applicant must show compliance with procedural requirements, urgency, likelihood of success and that execution would render appeal nugatory; Interlocutory jurisdiction — Single Justice’s powers under s.12 Judicature Act; Pleadings — Amendment and joinder do not automatically justify a stay; Abuse of process — multiplicity of suits relevant to discretionary refusal of stay.
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11 July 2014 |
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Conviction quashed where prosecution failed to prove embezzlement beyond reasonable doubt due to evidential gaps.
Criminal law – Embezzlement – sufficiency of evidence – identity and chain of custody of exhibits; contradictions and hearsay – appellate re-appraisal of evidence; misdirection on material facts; acquittal where proof beyond reasonable doubt absent.
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1 July 2014 |
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Criminal law
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1 July 2014 |
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Application for stay of High Court proceedings denied; joinder of company director upheld and no undue prejudice shown.
Civil procedure – stay of proceedings – discretionary and exceptional remedy; distinguish stay of execution – joinder of director permissible under Order 1 r.7 and r.10(2); absence of undue prejudice; refusal to stay where matter at scheduling stage.
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1 July 2014 |
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Criminal law
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1 July 2014 |
| June 2014 |
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Applicant's stay application dismissed as misconceived because execution related to the Magistrate's decree, not the High Court dismissal.
Interlocutory relief – stay of execution – application misconceived where execution relates to lower court decree and not to High Court dismissal of appeal; single Justice jurisdiction under section 12 Judicature Act to hear interlocutory matters.
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30 June 2014 |
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Court reduced manifestly excessive instruction fees and disallowed improper copy/document charges in taxation of election‑appeal costs.
Taxation of costs — Reference under Rule 110 — Principles in Schedule 3, Rule 9 (instructions fees) and Rule 10 (drawing documents) — Election appeals: public interest, no monetary subject matter, bulky affidavits — Manifestly excessive costs; reduction of instruction fees and disallowance of copy/document fees.
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30 June 2014 |
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Court reduced manifestly excessive instruction fees and other items in an election appeal to protect access to elective office.
Costs – Taxation of bills – Reference under Rule 110 – Principles in Rule 9(2) Schedule 3 – Election appeals special considerations – Instruction fees – Manifestly excessive awards – Disallowance of duplicate copy fees.
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30 June 2014 |
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Interim stay dismissed for lack of leave to appeal, no real prospect of success, and abuse of court process.
Civil procedure – Order 36 Rule 5 – refusal of leave to appear and defend in summary procedure – not appealable as of right. Appeals – Order 44 Rules (1)-(3) – requirement for leave to appeal and initial application for leave at High Court. Stay of execution – prerequisites: pending valid appeal and likelihood of success; irreparable harm. Abuse of process – Rule 2(2) Court of Appeal Rules; Section 12 Judicature Act – dismissal of meritless applications.
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26 June 2014 |
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Applicant’s stay applications dismissed: Order 36 Rule 5 refusal not appealable as of right; no leave obtained; applications abusive.
Stay of execution – appealability of Order 36 Rule 5 decisions – requirement for leave to appeal (High Court then Court of Appeal) – conditional leave (deposit requirement) – likelihood of success and irreparable harm – abuse of court process – dismissal under Rule 2(2) and Section 12 Judicature Act.
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26 June 2014 |
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Court issued a temporary injunction against property sale pending an appeal on mortgage consent issues.
Civil procedure — appeal rights under the Mortgage Act versus the Civil Procedure Act — temporary injunction requirements.
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25 June 2014 |
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JSC’s recommendation to appoint a tribunal was quashed for denying the judge a fair hearing and for apparent bias by a participating commissioner.
Constitutional and administrative law – removal of judges – JSC recommendation to appoint tribunal – applicability of Judicial Service Act section 11 and rules of natural justice to JSC preliminary proceedings. Natural justice – right to be heard (audi alteram partem) – judge must be given opportunity to present case at JSC meeting or inquiry before recommendation. Bias – apparent bias where a JSC member who participated in initiating a complaint sits on the deciding panel. Attorney General – ex officio JSC member conveying advice to President not in itself biased.
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18 June 2014 |
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The JSC's report recommending tribunal action against a judge was quashed for failing to provide a fair hearing.
Judicial Service Commission – Judicial review – Right to a fair hearing – Bias in disciplinary proceedings.
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18 June 2014 |
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Penetration for defilement not proved; unsworn child may be cross‑examined; conviction substituted but appellant released due to unproved age.
Criminal law – Defilement – requirement to prove penetration beyond reasonable doubt – medical and lay evidence – insufficiency for penetration; Evidence – unsworn child witness – may be cross‑examined; Criminal procedure – substitution of conviction for lesser cognate offence (indecent assault) under s.87 TOIA; Youth justice – prosecution must prove accused’s age; failure may require juvenile treatment and release.
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18 June 2014 |
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12 June 2014 |
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Court dismissed stay application: improperly brought, lacked special circumstances, non-compliant with rules, and appeal time had lapsed.
Court of Appeal procedure – stay of execution pending appeal – requirement to apply to High Court first – special/rare circumstances necessary for first-instance intervention; Impecuniousness not sufficient cause for stay; Rule 83 service and proof of service mandatory for automatic extension of time; time limits for filing appeal – failure to file and no extension – notice of appeal struck out as abuse of process.
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4 June 2014 |
| May 2014 |
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A Court of Appeal single Justice may hear interlocutory stays but applicants must first apply to the High Court unless exceptional circumstances are shown.
Procedure – Stay of execution – Jurisdiction of single Justice to hear interlocutory applications under section 12(1) Judicature Act. Civil procedure – Concurrent jurisdiction – Rule 42 requires applications to be made first to the High Court where both courts have jurisdiction. Appeals – Court of Appeal may in rare cases entertain stay applications first where special circumstances (urgency, manifest error, delay) are shown. Failure to disclose reasons for bypassing High Court justifies dismissal.
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22 May 2014 |
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Court of Appeal lacked jurisdiction over a second appeal on mixed fact and law and dismissed appeal for want of prosecution.
Criminal procedure – timeliness of notice of appeal – date of delivery versus date on judgment; Second appeals – section 45(1) CPC restricts second appeals to points of law only (no mixed fact and law); Want of prosecution – appellate court may strike out notice of appeal where appellant fails to take necessary steps; Responsibility for prosecuting appeal rests on appellant as well as counsel; Extension of time – insufficient cause; Bail pending appeal – cancellable where appeal dismissed.
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22 May 2014 |
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Court dismissed stay application for lack of exceptional circumstances, directing applicant to seek relief in the High Court.
Court of Appeal – interlocutory jurisdiction of a single Justice (Judicature Act s12) – stay of execution pending appeal – Rule 42 requirement to apply first in the High Court – Lawrence Musiitwa Kyazze principles on exceptional circumstances – factual disputes over possession and eviction.
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21 May 2014 |
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Registrars have enhanced interlocutory powers but cannot stay High Court executions and there is no automatic reference to a single Justice.
Court of Appeal — Practice Direction No.1 of 2004: enhanced interlocutory powers of Registrars as a case-management tool; not a source of an automatic right of reference to a single Justice. Procedure — references vs appeals: where rules expressly provide for references (e.g. taxation or rejected documents) they are informal and regulated; PD1(2004) contains no comparable route. Interim relief — Registrars should not grant orders staying High Court proceedings or execution; such relief is for Justices. Jurisdiction — no inherent or inferred right of appeal/reference from Registrar to single Justice under PD1(2004); two-tier internal appeals create delay and are discouraged.
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21 May 2014 |
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21 May 2014 |
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Demand letters alone do not prove a serious, imminent threat of execution to justify an interim stay.
Civil procedure – stay of execution – interim stay requires pending substantive application and evidence of a serious, imminent threat of execution – demand letters insufficient as evidence of execution threat.
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6 May 2014 |
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Stay granted of High Court liquidation order to preserve appeal and prevent irreparable dissipation of disputed estate assets.
Civil procedure – Stay of execution pending appeal – Liquidation proceedings – Protection of right of appeal where continued liquidation would render appeal nugatory – Use of s.11 Judicature Act to grant substitutive stay – Preservation of status quo; limitation of liquidator’s powers.
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2 May 2014 |
| April 2014 |
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30 April 2014 |
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Appellate court affirmed murder conviction on circumstantial and forensic evidence and upheld the death sentence.
Criminal law – Murder – Circumstantial evidence – Corroboration not always required where inculpatory facts exclude innocence; Witness inconsistencies – previous statements affect credibility but are not themselves evidence to be acted upon; Forensic evidence – blood matching deceased – motive and conduct as corroborative circumstances; Sentencing – appellate restraint unless discretion is misused; Death penalty upheld.
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24 April 2014 |
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Untimely personal service without extension renders substituted service ineffective and the ensuing ex parte judgment and title transfer null.
District Land Tribunal Rules; Order 5 Rule 2 Civil Procedure Rules – timeous service of summons and requirement to apply for extension; substituted service by publication – "deemed" service not effective if it does not bring proceedings to defendant's notice; ex parte judgments founded on ineffective service are null ab initio; dismissal for non-compliance with service rules; rectification of land register and orders for vacant possession.
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17 April 2014 |
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17 April 2014 |
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Court granted leave to validate late service of a notice of appeal and refused to strike out the appeal.
Civil procedure — Service of notice of appeal — Rule 78(1) Court of Appeal Rules — Effect of late service — Court’s power to extend time — Article 126(2)(e) Constitution — Rules 2(2) and 5 Court of Appeal Rules — Validation of service — Substantive justice.
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17 April 2014 |
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Whether the respondent's occupation constituted customary, lawful or bona fide tenure and whether he was a trespasser.
Land law — distinction between customary tenancy, lawful occupancy and bona fide occupancy; Section 29(2) Land Act (bona fide occupant requirements); Section 35 Land Act (option to owner on assignment by tenant by occupancy); proof requirements for purchase of bibanja; tenancy at will and conversion to trespass; limitation on trespass damages; appellate reappraisal of evidence.
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16 April 2014 |
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Court extended payment deadline and preserved stay under its inherent powers to prevent the appeal becoming nugatory.
Civil procedure — Extension of time — Rule 5 Court of Appeal Rules — Inherent power under Rule 2(2) — Rule 42(2) to safeguard right of appeal — Conditional stay of execution — Lapse of stay for non-compliance — Consequential extension to protect appeal.
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14 April 2014 |
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Court refused to strike out appeal for non‑service, extended time seven days to effect service and protected co‑respondent’s rights.
Civil procedure – service of notice of appeal and record – Rule 78 requires service on persons directly affected – affidavit of service must be annexed and prove place/date; mistake of counsel not visited on client; inherent power and Rule 43 – extension of time to prevent injustice; striking out appeal would prejudice properly served co‑respondent.
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10 April 2014 |
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10 April 2014 |
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Appellate court upheld conviction on credible single-witness identification and affirmed an 18-year sentence with remand considered.
Criminal law – Kidnap with intent to murder – conviction based on single identifying witness – conditions for safe identification. Evidence – failure to call corroborating witness – negative inference only where missing evidence is necessary to establish a vital ingredient. Appellate procedure – duty to reappraise evidence on first appeal. Sentencing – consideration of remand period; appellate interference only where sentence is illegal or manifestly excessive.
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10 April 2014 |
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Applicant failed to prove sufficient cause to restore the appeal; subsequent Supreme Court appeal vitiated rehearing.
Civil procedure – Court of Appeal – Rule 100(4) – Restoration and rehearing of appeal where party or counsel absent – requirement to show sufficient cause (e.g., illness of counsel). Proof of illness – timing and credibility of medical evidence. Inherent powers and Article 126(2)(e) – substantive justice over technicalities. Effect of pending appeal to higher court – Court of Appeal cannot set aside a judgment that is under appeal.
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7 April 2014 |
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An IGG investigation stopping payment renders a government-contract claim premature; the IGG order is a valid defence.
Inspectorate of Government investigations — effect on justiciability of government contracts; IGG capacity to sue/be sued — conflicting precedents; IGG directive stopping payment as a defence to suit for payment; attempted assignment of decretal sums and potential abuse of process.
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4 April 2014 |
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IGG investigations and a directive suspending payment rendered the contract premature and barred the contractual claim.
Administrative law / public investigations – effect of Inspectorate investigations on contractual rights; directive stopping payments renders contract non-justiciable until investigations conclude. Civil procedure – joinder and capacity – conflicting authorities on IGG's corporate capacity; issue unresolved and for Constitutional Appeal Court. Remedies – ex parte decrees and assignments entered while investigations ongoing may be set aside; transactions done to circumvent administrative directives may be frivolous and vexatious. Defence – a government directive to suspend payment is a valid defence to a contractual claim.
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4 April 2014 |
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Appellant failed to prove unusability or 70% loss; expert evidence unreliable and general damages award upheld; appeal dismissed with costs.
• Civil procedure – appeal – reappraisal of evidence under Rule 30 – appellate court may draw its own inferences of fact.
• Land law/tort – trespass and damage to land – distinction between general damages for trespass and compensation for loss of value.
• Evidence – expert evidence – court may reject expert opinion if expert lacks necessary qualifications or grounds for conclusions.
• Environmental law – National Environment Act (ss.67,71) – availability of environmental restoration orders.
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4 April 2014 |
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Remand time must be considered at sentencing but need not be arithmetically subtracted or back-dated.
Constitutional law — Article 23(8) — sentencing — pre-conviction remand must be taken into account; not an arithmetic subtraction or back-dating; sentence commences from conviction.
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1 April 2014 |
| March 2014 |
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Failure to conduct a mandatory recount in a close parliamentary election substantially affected the result, warranting a fresh poll.
Electoral Law – Parliamentary Elections Act – mandatory recount – close margin of victory – substantial effect – compliance with electoral procedures – role of Returning Officer – costs – sufficiency of evidence – expunged evidence.
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27 March 2014 |
