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Citation
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Judgment date
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| April 2015 |
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Bank properly complied with a magistrate’s order; appellant’s recall was ineffective while funds were subject to court freeze.
Banking law – compliance with court orders – frozen accounts – effect of court order vacating freeze and directing transfer – minor clerical discrepancies in account numbers do not invalidate orders – negligence claim against bank for honoring court order.
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17 April 2015 |
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Appellate court set aside death sentence after trial judge ignored mitigating factors, substituting 30 years imprisonment.
Criminal law - Murder - Sentencing - Appellate interference where trial judge ignores mitigating factors - Domestic violence background and first-offender status as mitigation - Substitution of death sentence with term of imprisonment.
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16 April 2015 |
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13 April 2015 |
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13 April 2015 |
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10 April 2015 |
| March 2015 |
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31 March 2015 |
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26 March 2015 |
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25 March 2015 |
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25 March 2015 |
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24 March 2015 |
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18 March 2015 |
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Convicted murder applicants failed to show exceptional circumstances to obtain bail pending appeal.
Bail pending appeal; convicted accused must show exceptional/special circumstances; Section 15 and Section 132(4) Trial on Indictments Act; murder as a violent offence reduces likelihood of bail; individual responsibility of co-accused; procedural requirements for supporting affidavits (Protection of Illiterate Persons Act); necessity of judgment, memorandum of appeal, proof of residence and adequate sureties.
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18 March 2015 |
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17 March 2015 |
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Informal Rule 110 taxation reference was valid; instruction fees were excessive and reduced, final taxed costs fixed at Shs 25,000,000.
* Procedure – Taxation reference – Rule 110(5) permits informal commencement of references to the Registrar within seven days.
* Taxation – Instruction fees – Reasonableness assessed under Rule 9(2): amount, nature, difficulty, interest, conduct and other circumstances.
* Taxation – Excessive claims – Where more than one-quarter of profit costs is disallowed, costs for drawing, filing, serving the bill and attending taxation are to be disallowed (Rule 13, Third Schedule).
* Election petitions – Costs should not be used to penalize political participation; awards must be balanced and reasonable.
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17 March 2015 |
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Court granted a conditional stay pending appeal with security deposit and prohibitions on using the disputed design and trademark.
Trade mark infringement and contempt — consent judgment enforcement — stay of execution pending appeal — conditional stay requiring security deposit and interim injunctive restrictions on use of disputed design and trademark.
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13 March 2015 |
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13 March 2015 |
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11 March 2015 |
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10 March 2015 |
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10 March 2015 |
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9 March 2015 |
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4 March 2015 |
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2 March 2015 |
| February 2015 |
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20 February 2015 |
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20 February 2015 |
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17 February 2015 |
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16 February 2015 |
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Application for certificate for third appeal dismissed: proposed issues were factual, not questions of law of public importance.
Judicature Act s.6(2) – third appeal certification; certification limited to questions of law of great public or general importance; distinction between questions of law and questions of fact; onus on applicant to show public/general importance; issues must have arisen and been determined in lower courts.
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16 February 2015 |
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13 February 2015 |
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Applicant failed to show due diligence for admitting fresh evidence on appeal; application dismissed, costs to abide appeal.
Civil procedure – Admission of fresh evidence on appeal; requirements: unavailability despite due diligence, relevance, credibility, probable influence on result; client’s duty to ensure evidence is produced; counsel’s omission insufficient to justify reopening case.
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12 February 2015 |
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12 February 2015 |
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11 February 2015 |
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Application to reinstate an appeal struck out for procedural non‑compliance and invalid letters of administration.
Civil procedure – Withdrawal of appeal – Rule 94 requirements (notice, service, consent) – Withdrawal after matter called for hearing requires leave – Rule 97: death does not abate appeal – Validity and admissibility of letters of administration – Administrator substitution and locus standi.
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6 February 2015 |
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Trial court must deduct remand time when sentencing; appellate court reduced manifestly excessive concurrent sentences.
Criminal law – sentencing – remand credit – duty of trial court under Article 23(8) to account for time on remand – misdirection if left to prison authorities – appellate review of excessive sentence – substitution of sentence.
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3 February 2015 |
| January 2015 |
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A single Justice may grant an interim stay only in compelling circumstances; applicant failed to prove imminent execution or irreparable harm.
Court of Appeal – interim stay of execution – single Justice’s inherent power – compelling circumstances required – burden on applicant to prove imminent execution and irreparable harm – mere filing of substantive stay/appeal insufficient.
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29 January 2015 |
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27 January 2015 |
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22 January 2015 |
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20 January 2015 |
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You asked me to download a PDF, but I cannot access or download files—please upload the PDF or paste the text.
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20 January 2015 |
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19 January 2015 |
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15 January 2015 |
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Appellant’s dismissal upheld: he received a hearing, admitted charges, and unpleaded regulatory objections were not entertained.
* Administrative law – disciplinary proceedings in public service – opportunity to be heard and right to present defence – pleading requirements for constitutional/regulatory non-compliance.
* Evidence – admissions in disciplinary proceedings and their probative effect.
* Civil procedure – issues not pleaded at trial cannot be raised for the first time on appeal.
* Public Service – role of District Service Commission and Public Service Commission in disciplinary appeals.
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15 January 2015 |
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Whether the Registrar erred in granting an interim injunction maintaining status quo in a disputed company directorship matter.
* Court of Appeal — Registrar’s powers under Practice Direction No.1 of 2004 and Court of Appeal Rules — jurisdiction to grant interim orders.
* Interim injunctions — discretion and conditions for grant; maintenance of status quo pending appeal.
* Company law — disputes over directorships; effect of High Court determinations and registration with Registrar of Companies.
* Procedural — reference against Registrar’s decision; remedy where Registrar misdirects on facts.
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15 January 2015 |
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13 January 2015 |
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13 January 2015 |
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The applicant failed to prove a customary kibanja interest and did not establish fraud in the respondent's title, so the appeal was dismissed.
Civil appeal – land – kibanja/customary tenancy – proof of customary acquisition and continuous occupation; locus in quo – duty to include proceedings in record of appeal and to lodge supplementary record; registration of title – protection under s.59 Registration of Titles Act absent proof of fraud; fraud – requires evidence of dishonest dealing to defeat an unregistered interest.
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7 January 2015 |
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Transfers to a non‑African effected without prior ministerial consent are illegal and void ab initio; registration does not cure them.
Land Transfer Act – ministerial consent for transfers to non‑Africans – absence of prior consent renders contract and transfer void ab initio; registration or subsequent consent does not validate prior illegal transfer; protective purpose of consent requirement; remedies include cancellation of transfers and reinstatement on the register.
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1 January 2015 |
