|
Citation
|
Judgment date
|
| September 2021 |
|
|
Appeal dismissed under Rule 100(1) for non-appearance after valid service; costs awarded against the appellant.
Civil procedure – service by affidavit – proceeding in absence of party served – dismissal under Rule 100(1) of the Rules of Court for non-appearance – costs against absent appellant.
|
2 September 2021 |
| August 2021 |
|
|
|
26 August 2021 |
|
|
26 August 2021 |
|
|
26 August 2021 |
|
|
26 August 2021 |
|
|
26 August 2021 |
|
|
25 August 2021 |
|
Abolition of statutory leases does not extinguish existing lessees’ rights; appellant’s title to disputed plot was fraudulent.
Property law – disputed cadastral descriptions – Plot 15A Bishop Wasike Road v. Plot 20 Malukhu Road; Constitutional law – abolition of statutory leases (1995) does not extinguish existing lessees’ rights; Land law – validity of leases and certificates of title; equitable interests and remedies – assignment, possession, injunctions and damages; procedural irregularity and alleged fraud in land allocation.
|
25 August 2021 |
|
|
25 August 2021 |
|
|
25 August 2021 |
|
|
25 August 2021 |
|
|
24 August 2021 |
|
|
23 August 2021 |
|
|
23 August 2021 |
|
|
23 August 2021 |
|
|
20 August 2021 |
|
Interim stay granted where notice of appeal, substantive application and imminent garnishee execution were established.
Interim stay of execution — conditions for grant (competent notice of appeal; substantive application; imminent threat of execution) — garnishee and bank attachment — interim injunction restraining enforcement pending substantive determination.
|
20 August 2021 |
|
|
12 August 2021 |
|
|
12 August 2021 |
|
Appeal allowed: life sentence set aside and substituted with 28 years after failure to consider mitigating factors.
Criminal law – Sentencing – Appellate intervention where trial court fails to consider material mitigating factors – Re-sentencing under section 11 Judicature Act – Consideration of remand period and offender's status.
|
12 August 2021 |
|
Court reduced life sentence to 28 years after trial judge failed to consider mitigating factors and remand time.
Criminal law – Sentencing – Murder – Life sentence set aside for failure to consider mitigating factors; remand period and first offender status relevant; Court of Appeal’s power to resentence under the Judicature Act.
|
12 August 2021 |
|
Appellant's life imprisonment for murder reduced to 28 years due to inadequate consideration of mitigating factors.
Criminal law – Sentencing – Consideration of remand time in sentencing – Appeal against life imprisonment sentence for murder – Mitigating factors not fully considered.
|
12 August 2021 |
|
|
12 August 2021 |
|
|
11 August 2021 |
|
|
6 August 2021 |
| July 2021 |
|
|
|
29 July 2021 |
|
|
29 July 2021 |
|
|
23 July 2021 |
|
A foreign-controlled company cannot hold mailo land; claims grounded on such illegal title fail, but unjust enrichment refund upheld.
Land law – mailo tenure – non-citizen corporate ownership prohibited (s.40 Land Act); acquisition void ab initio – illegality defeats claims founded on title; unjust enrichment – refund of excess purchase money; commercial/contractual disputes – burden of proof on counterclaims; appellate review of damages and interest.
|
22 July 2021 |
|
|
22 July 2021 |
|
|
22 July 2021 |
|
|
22 July 2021 |
|
|
22 July 2021 |
|
|
22 July 2021 |
|
|
21 July 2021 |
|
|
20 July 2021 |
|
Second appeal dismissed: first Appellate Court properly found credited funds were linked to a reversal/fraud, not an enforceable reward.
Civil procedure – Second appeal – scope: appellate court may appraise inferences of fact but not re‑evaluate evidence like a first appeal unless first appellate failed in duty. Banking law – disputed account movement – distinction between gratuitous reward and refund/reversal tied to fraudulent credit. Evidence – burden on plaintiff to prove entitlement; failure to produce requested documents does not automatically shift burden absent timely objection or contempt ruling. Pleading – defence alleging fraud may be dealt with on evidence even if particulars are limited.
|
20 July 2021 |
|
The court upheld the summary judgment, ruling the appellant's undertaking to refund money was legally binding.
Contract Law – Enforceability of undertakings – Summary judgment – Evaluation of evidence and triable issues
|
20 July 2021 |
|
|
20 July 2021 |
|
|
19 July 2021 |
|
|
19 July 2021 |
|
|
19 July 2021 |
|
|
16 July 2021 |
|
Court held appellants entitled to terminal benefits for caretaker period post-privatization, rejecting res judicata application.
Employment Law – Termination Benefits – Public Enterprises – Res Judicata – Appellants were entitled to terminal benefits for the caretaker employment period post-privatization.
|
16 July 2021 |
| June 2021 |
|
|
Court admitted new regulatory evidence showing valuation reports were authored by a non‑registered valuer, allowing it on appeal.
Court of Appeal — admission of additional evidence on appeal — Rule 30(1)(b) — new, credible and material evidence — Surveyors Registration Board letter — expert qualification and admissibility of valuation reports — preliminary objections on legal capacity and procurement improper as pure points of law.
|
21 June 2021 |
|
A stay pending appeal requires demonstrable prospects of success; garnishee orders made absolute render a stay futile.
Civil procedure – Stay of execution pending appeal – Requirements: likelihood of success, irreparable harm, balance of convenience, no unreasonable delay – Record of appeal required to show prospects – Garnishee order nisi made absolute completes execution and cannot be stayed but may be set aside by issuing court.
|
10 June 2021 |
|
|
8 June 2021 |
|
|
8 June 2021 |
|
|
8 June 2021 |
|
The appeal contested unauthorized land entry and damages but resulted in a reduced compensation award.
Land Law - Trespass - Unauthorized construction on leased land - Evaluation of evidence - Special and general damages
|
8 June 2021 |
