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Citation
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Judgment date
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| June 2018 |
|
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Evidence Law|Evaluation of Evidence|Property Law|Land
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25 June 2018 |
|
The court dismissed the challenge to election results, holding that bribery and irregularities were not sufficiently proved.
Election petitions – Parliamentary election – Requirement to prove bribery and illegal practices – Standard and burden of proof – Necessity of corroboration for accomplice evidence – Election law – Non-compliance affecting results – Procedural defects and res judicata – Evaluation of affidavit evidence.
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13 June 2018 |
|
Convictions quashed and prosecution stayed because the trial judgment was missing and appellants endured prolonged custody.
Criminal procedure – incomplete record of appeal due to missing trial judgment – appellate court unable to determine merits – convictions quashed and sentences set aside; stay of prosecution ordered where appellants spent prolonged custody; administrative lapse and inordinate delay criticised.
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13 June 2018 |
|
Court reduced oppressive loan interest, held equitable mortgage and voided fraudulent transfer; purchaser with notice not bona fide.
Civil law – Loan secured by land – unconscionable interest – section 26 Civil Procedure Act – court may reduce oppressive contractual interest; Equity – equitable mortgage – clog on equity of redemption void; Fraud – transfer of mortgaged land while payments ongoing is fraudulent and impeachable; Bona fide purchaser – purchaser with notice of equities cannot claim protection under RTA.
|
8 June 2018 |
|
A long-delayed second appeal was struck out for abuse of process, procedural non-compliance and failure to appoint legal representatives after deaths.
Court of Appeal — Delay and abuse of process — Strike out under Rule 2(2) — Death of parties and joinder of legal representatives under Rule 85(2) — Second appeal limited to points of law under Section 72, Civil Procedure Act.
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4 June 2018 |
|
Civil Remedies|Costs|Evidence Law|Burden of Proof
|
1 June 2018 |
|
Attachment of Property|Execution by Bailiff|Sale of Property|CL
|
1 June 2018 |
| May 2018 |
|
|
Civil Procedure|Actions and applications
|
31 May 2018 |
|
Civil Remedies|Costs|Labour and Employment Law|Wages, pensions and benefits|Terminal Benefits
|
31 May 2018 |
|
Civil Procedure|Late filing and extension of time to appeal
|
29 May 2018 |
|
Miscarriage of Justice|Locus In Quo|Cross-Examination|Witness Testimony|CL
|
28 May 2018 |
|
Civil Procedure|Actions and applications
|
28 May 2018 |
|
Property Law|Land
|
28 May 2018 |
|
|
28 May 2018 |
|
Bail pending appeal denied where murder conviction involved alleged incitement and medical reports lacked prison certification of inadequate in‑custody care.
Bail pending appeal; exceptional circumstances under Trial on Indictment Act s15(3)(a); medical certification by Prison Medical Officer required; presumption of innocence ends on conviction; doctrine of common intention and incitement; burden on applicant after conviction to justify bail.
|
25 May 2018 |
|
Civil Procedure|Appeals and reviews
|
24 May 2018 |
|
Appellants failed to prove title or customary tenure; claimed sale agreement rejected, appeal dismissed.
Land law – proof of title – registrable interest – reliance on Registrar of Titles' records and correspondence – rejection of late-produced agreement – customary tenure (bibanja) must be pleaded and proved – licensee/tenant at will where no title or customary tenure established.
|
24 May 2018 |
|
CL|Late filing and extension of time to appeal|Condonation|Legal Professional Conduct
|
23 May 2018 |
|
Civil Remedies|Damages|Contract Law|Breach of Contract
|
23 May 2018 |
|
|
23 May 2018 |
|
Civil Procedure|Appeals and reviews|Judicial Review
|
21 May 2018 |
|
Court upheld prohibition on eviction; eviction violated natural justice, suit required for land dispute resolution.
Judicial review – prohibition order – eviction – land dispute – natural justice
|
21 May 2018 |
|
Criminal law
|
18 May 2018 |
|
Criminal law
|
16 May 2018 |
|
Applicant granted bail pending appeal due to risk of substantial incarceration before appeal despite uncertain prospects.
Criminal law – Bail pending appeal – discretionary relief requiring exceptional reasons; Arvind Patel guidelines applied. Appellate procedure – absence of record of proceedings prevents assessment of appeal prospects. Consideration of delay – risk of serving substantial part of sentence may justify bail
Conditions – bonds, approved sureties and periodic reporting to Registrar
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16 May 2018 |
|
Criminal law
|
16 May 2018 |
|
Civil Procedure|Actions and applications|Appeals and reviews
|
10 May 2018 |
|
|
2 May 2018 |
| April 2018 |
|
|
|
25 April 2018 |
| March 2018 |
|
|
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29 March 2018 |
|
|
27 March 2018 |
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The court upheld the trial court’s dismissal of the election petition citing insufficient and unreliable evidence, affirming the respondent’s election.
Electoral law – Evidence – Affidavits – Admissibility of affidavit evidence and strictness required in election petitions – Nomination of candidate – Whether conviction for contempt of court amounts to moral turpitude – Electoral offences – Burden and standard of proof in bribery allegations – Costs discretion of court.
|
25 March 2018 |
|
Premature tallying and defective DR Forms disenfranchised voters; election nullified and by‑election ordered.
Electoral law – tallying and declaration – Returning Officer's Return Form final; Electoral Commission cannot alter return except by court order
Elections – premature declaration and untallied votes – disenfranchisement where votes omitted from tally and effect on result
Declaration of Results Forms – unsigned, altered or inconsistent DR Forms may be excluded; DR Forms are substantive safeguards
Evidence – subsequent affidavits admissible; omission to disclose sources not automatically fatal; trial judge's omnibus evaluation can be error. Illegal practice – giving donations during campaign – proven where credible, unchallenged evidence establishes donations
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22 March 2018 |
|
Appellate court allowed appeal, finding affidavits defective and no proof that agent‑led bribery was attributable to the candidate.
Election law – admissibility of affidavit evidence under the Protection of Illiterates Act and Oaths Act – timeliness and certification of Record of Proceedings – agency in election malpractice (party leader v. candidate) – bribery versus religious offertory – appellate re‑appraisal of election petition evidence – certificate for two counsel.
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22 March 2018 |
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20 March 2018 |
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20 March 2018 |
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20 March 2018 |
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12 March 2018 |
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12 March 2018 |
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12 March 2018 |
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Noncompliance in tallying and gazetting election results was found not to substantially affect the outcome, and the appeal was dismissed.
Electoral law – Election petitions – Premature announcement of results – Tallying irregularities – Noncompliance with electoral law – Substantial effect test – Allegations of bribery – Evaluation of affidavit evidence – Gazettement of results differing from publicly declared results.
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8 March 2018 |
| February 2018 |
|
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Court grants extension and leave to appeal, but stay of proceedings conditional upon filing of appeal.
Civil procedure – Extension of time – Leave to appeal – Amendment of plaint – Stay of proceedings
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23 February 2018 |
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Appellate court clarifies court fee law in local election petitions and affirms declared winner, finding no material irregularities in tallying.
Election law – Local council elections – Court fees – Dismissal of election petitions for non-payment of court fees – Correct application of court fee law – Duty of appellate courts to review evidence – Validity of declared election results despite minor tallying discrepancies.
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7 February 2018 |
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Court upheld Shs.15M general damages and 18% interest from 19 May 1999; appeal dismissed with costs.
Banking law – banker’s fiduciary duty – wrongful entries and refusal to produce account documents – award of general damages discretionary
Interest – ascertainable/ liquidated overdraft sum attracts interest from date due (not necessarily date of consent judgment). Contractual interest terms – overdraft agreement setting interest rate governs post‑default interest. Appellate review – first appeal re‑evaluation of evidence; discretion of trial judge not lightly interfered with
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2 February 2018 |
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An election petition supported by an affidavit commissioned by a non-practising advocate is fatally defective; uncorroborated allegations cannot annul an election.
Election law — Validity of petitioning documents — Affidavit commissioned by advocate without valid practising certificate — Section 14A Advocates (Amendment) Act 2002 — Article 126(2)(e) — Ballot stuffing and multiple voting — Requirement of corroboration for partisan witnesses — Substantiality test for non-compliance under Parliamentary Elections Act (s.61) — Standard of proof in election petitions.
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1 February 2018 |
| January 2018 |
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Arbitral award upheld; courts cannot re-evaluate factual findings without statutory grounds like bias or excess jurisdiction.
Arbitration — setting aside award — courts limited in review; cannot re-evaluate arbitrator's factual findings; award upheld where within contract and reference; absence of specific evidence of bias or statutory flaw.
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31 January 2018 |
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19 January 2018 |
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19 January 2018 |
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Criminal law|Evidence Law
|
18 January 2018 |
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Criminal law
|
15 January 2018 |
