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Citation
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Judgment date
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| August 2022 |
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A contemnor convicted of criminal contempt cannot obtain temporary release; available remedies are bail pending appeal or pardon; repetitive applications struck out.
Contempt of court – distinction between criminal and civil contempt – scandalising the court constitutes criminal contempt – remedies after conviction: bail pending appeal or pardon; no ‘temporary release’ remedy – purgation and right of audience – abuse of court process and vexatious litigation – striking out repetitive applications.
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19 August 2022 |
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12 August 2022 |
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Application for interim stay dismissed; appeal lacked likelihood of success and counsel produced a forged order, referral to Law Council ordered.
Civil procedure – interim stay of execution – Kyambogo criteria for stay; locus standi and limitation as grounds for dismissal; forgery and unethical conduct by counsel; proper forum for stays of execution (High Court v Court of Appeal).
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10 August 2022 |
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Second appeal: bank held to have breached banker–customer duty after handwriting expert showed disputed signatures inconsistent with specimen.
Banking law — banker–customer relationship — alleged standing orders and electronic instructions — admissibility and weight of handwriting expert evidence — breach of banker’s duty by payments contrary to signature card; civil second appeal — scope and re-evaluation of facts where first appellate court failed to properly assess evidence.
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9 August 2022 |
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Court dismissed UTL's judicial review for challenging the correctness of NSSF's decision and found a breach of fair hearing in execution proceedings.
Administrative law – Judicial review – Distinction between review of decision-making process and correctness of decisions; fair hearing – parties must be heard when matter adjourned for hearing; civil procedure – section 6 Civil Procedure Act and concurrent jurisdiction of Industrial Court; abuse of process/forum shopping.
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8 August 2022 |
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Appellant failed to prove lack of qualifications or bribery; election valid and appeal dismissed.
Election law – Candidate qualifications – proof of academic credentials and identity; Evidence – evaluation of witness credibility and materiality of inconsistencies; Electoral offences – bribery – elements: gift by candidate/agent, intent to influence registered voters, proof of recipients being registered voters; Electronic evidence – admissibility and authenticity under the Electronic Transactions Act 2011; Appellate review – re-evaluation of affidavit and oral evidence.
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5 August 2022 |
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Applicant’s bribery, violence and irregularity allegations were not proved on the balance of probabilities; appeal dismissed.
Electoral law — Standard of proof in election petitions: balance of probabilities (s.61(3) PEA) but serious allegations require careful scrutiny; Bribery — necessity for credible, corroborated evidence; single partisan witness insufficient; Admissibility — undated/unauthenticated photographs and hearsay affidavits weak; Election irregularities — only those that substantially affect result justify setting aside election; Evidence of violence — need for corroboration/police documentation.
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5 August 2022 |
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Expired practicing certificate does not automatically invalidate affidavits; affidavit defects alone do not mandate dismissal of an election petition.
Election law – validity of affidavits – advocate’s practicing certificate – Commissioners for Oaths – s.14A Advocates (Amendment) Act – Parliamentary Elections Act s.64 – whether defective or absent principal affidavit invalidates election petition – remittal for trial on merits.
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5 August 2022 |
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Appellant failed to prove lack of qualification or bribery; electronic video evidence was inadmissible, appeal dismissed.
Election law – candidate qualifications under Parliamentary Elections Act – proof of identity and academic documents; Election law – bribery – elements required: gift, giver (candidate/agent), intent to influence a registered voter; Evidence – admissibility of electronic/video evidence – requirements under the Electronic Transactions Act; Appellate review – evaluation of credibility findings of trial court in election petitions.
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5 August 2022 |
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A defective affidavit does not invalidate a Local Council election petition, which may proceed with other admissible evidence.
Election petitions – defective affidavits – section 4(1) of the Commissioner for Oaths (Advocates) Act – effect of affidavit commissioned by advocate from representing law firm – procedure for challenging election petitions – admissibility of affidavits based on information – requirements for certification of public documents – timelines for filing affidavits in Local Council election petitions.
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5 August 2022 |
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Administrator’s fraudulent sale and purchaser’s lack of due diligence defeated bona fide purchaser protection; transfers cancelled, beneficiaries registered.
Land law – succession and trusts – administrator’s duties and trust property; transfer procured by administrator in breach of trust; bona fide purchaser for value without notice – requirement of due diligence and imputation of agent’s notice to purchaser; admissibility of evidence given by witnesses subsequently joined as parties; proof of Letters of Administration.
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5 August 2022 |
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Appeal dismissed for failure to prove lack of qualification, bribery, or admissible electronic evidence.
Election law candidate qualifications; identity and academic documents; impersonation/uttering of documents; bribery under Parliamentary Elections Act (donations/gifts, agent liability, intent); admissibility and authentication of electronic evidence under the Electronic Transactions Act; appellate review of credibility findings in election petitions.
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5 August 2022 |
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4 August 2022 |
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Contradictory dying declarations and unreliable identification rendered the murder conviction unsafe; appellants acquitted.
Evidence — dying declarations — contradictory statements made to different witnesses at different times and places may be discounted if materially inconsistent
Evidence — identification — eyewitness identification from a distance and without prior acquaintance or an identification parade is unsafe and prone to mistake. Criminal appeal — first appellate court duty to re-appraise evidence afresh; unsafe convictions must be set aside
Sentence — where conviction is quashed the sentence cannot stand
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2 August 2022 |
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Majority: appellant failed to prove bribery, violence or irregularities substantially affected the election; appeal dismissed.
Election law – Local Governments Act – election petition – burden and standard of proof (balance of probabilities) – bribery – identification of recipients and voters’ register – agency by recognition and acceptance – undue influence/violence – publication of false statements – substantial effect of irregularities on result – costs; majority dismissal; dissent would annul election.
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1 August 2022 |
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Court of Appeal clarifies standard of proof in local government election petitions and upholds the respondent’s election by majority decision.
Electoral law – Election petitions – Standard of proof in election petitions – Bribery and illegal practices – Burden of proof – Agency of candidates – Evaluation of evidence – Whether electoral offences proven to warrant nullification – Majority and dissenting opinion.
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1 August 2022 |
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Whether a Country Manager may sign pleadings and depose affidavits under Order 29 r.1 and whether unresolved affidavit falsehoods require remittal.
Company law & civil procedure — corporate representation — Order 29 r.1 permits secretary, director or other principal officer to sign pleadings and depose to facts; Order 3 r.2 not applicable to such principal officers; authority to appear versus power of attorney/board resolution; appellate jurisdiction — powers of High Court on appeal (Order 43 rr.2,20,27) and limited scope of second appeal under Civil Procedure Act (ss.72,74); remittal to trial court where issues raise mixed fact and law (affidavit falsehoods/hearsay).
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1 August 2022 |
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A litigation-financing agreement giving a capped share of proceeds was champertous, illegal, and unenforceable; appeal dismissed with costs.
Civil procedure – Champerty and maintenance – financing litigation in return for share of proceeds – tendency to corrupt administration of justice renders agreement illegal and unenforceable
Contracts Act 2010 – non-retroactivity – statutory exceptions to unenforceability do not apply to agreements concluded before commencement. Quantum meruit – cannot revive rights under an illegal contract. Appellate review – first appeal duty to reappraise evidence; preliminary objection validly upheld where agreement legally void
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1 August 2022 |
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Whether alleged falsification, violence and evidentiary exclusions vitiated the parliamentary election result.
Election law – admissibility of uncertified electoral forms; effect when certified copies are later produced – Electronic evidence – WhatsApp printouts admitted by author; authenticity burden discharged – Election petition – falsification of results; requirement to compare DR forms with tally/return forms – Electoral offences – violence, intimidation and partisan recruitment; materiality and vicarious liability under section 61(1)(c) PEA.
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1 August 2022 |
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Conviction for aggravated defilement upheld; discretionary refusal to recall witnesses correct; sentence reduced as manifestly excessive.
Criminal law – Aggravated defilement – credibility of child witness; minor inconsistencies do not necessarily vitiate evidence – medical corroboration (PF3A) sufficient to prove penetration however slight – discretionary power to recall witnesses; no automatic right to re‑cross‑examination – appellate interference with sentence where manifestly excessive; substitution of term.
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1 August 2022 |
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Appellate court set aside election petition dismissal, found wrongful exclusion of material evidence, and remitted the case for retrial.
Election law – admissibility and form of affidavits – Commissioners for Oaths appointment and gazetting – jurat requirements and curability – contested signatures and requirement to hear witnesses – evidential weight of Biometric Voter Verification Machine printouts – proof of electoral offences and substantiality test – costs in electoral petitions.
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1 August 2022 |
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Appeal allowed where petitioner failed to prove omitted polling station results would substantially affect the declared election outcome.
Election law – admissibility and proof of Declaration of Results (DR) forms; burden of proof in election petitions; interruption/adjournment under Local Government Act Section 133; substantial effect test for nullifying election; remedies and costs where winning margin is narrow.
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1 August 2022 |
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The court held that election result forms in a petition need not be certified to be admissible if authenticity is shown.
Electoral law – Parliamentary elections – Admissibility of Declaration of Results Forms and Tally Sheets – Certification under Evidence Act – Standard of proof regarding falsification of results – Substantial effect of noncompliance on election outcome.
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1 August 2022 |
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The court upheld the election result, finding no proven substantial irregularities or falsification sufficient to overturn the declared outcome.
Election petition appeal – Admissibility of evidence – Certification of electoral documents – Allegations of falsification and irregularities – Standard required for invalidating election results – Role of violence and partisan recruitment in election petitions – Substantial effect on election results.
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1 August 2022 |
| July 2022 |
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Court held claims were bona fide negligence suits, not time-barred, and trial judge erred in branding claimants fictitious and in ordering counsel to pay costs personally.
Civil procedure – interlocutory application alleging fictitious claimants and limitation – re-appraisal of evidence on appeal; Personal-injury claims – negligence actions not governed by Law Reform (Misc Provns) Act Cap 79 limitation provision; Locus standi – proof by police/medical records; Costs – personal costs against advocate require rare/exceptional conduct and fair hearing; Affidavits in rejoinder – not automatic admissions.
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29 July 2022 |
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Applicant failed to prove required notice, substantive application and imminent prejudice; interim stay dismissed for delay and abuse.
Civil procedure — Interim stay of proceedings — Requirements: notice of appeal, substantive application for stay, and serious threat of execution — Distinction between leave to appeal and substantive stay application — Abuse of process and delay as grounds to refuse stay.
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29 July 2022 |
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A stay of earlier-filed criminal proceedings for a later civil land suit was refused; criminal prosecution must proceed expeditiously.
Criminal procedure – stay of criminal proceedings pending civil suit; Revision under s.50(1)(b) Criminal Procedure Code; Judicature Act duties to avoid multiplicity of proceedings; Section 209 Magistrates Courts Act – application to later, not earlier, proceedings; Public interest and exceptional‑circumstances test for stay; Malicious prosecution as alternative remedy.
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29 July 2022 |
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Appellant failed to prove nomination defects, irregularities or bribery; election of the respondent affirmed; each party bears costs.
Parliamentary election appeal — nomination anomalies and estoppel on pre-election complaints; admissibility and sufficiency of affidavits under the Illiterates Protection Act; burden and standard of proof in election petitions; proof required for ballot stuffing, multiple voting and military interference; elements and proof of bribery in elections; discretion to award multiple counsel certificates (costs).
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28 July 2022 |
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27 July 2022 |
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26 July 2022 |
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Failure to fulfill statutory nomination requirements deprives a petitioner of standing to challenge election results in court.
Election petition – Nomination requirements – Locus standi – Preliminary objections – Strict compliance with electoral law – Effect of failure to meet nomination criteria – Role of estoppel and equity in election petitions.
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20 July 2022 |
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An election petition’s wrong statutory citation is a curable procedural error; petition remitted for merits under LGA/PPOA.
Election petitions – Local Governments Act (ss.138,139) – Political Parties and Organisations Act (s.16) – Wrong citation of statute – procedural error curable under Article 126(2)(e) – Section 172 LGA applicability – Court of Appeal rules: timeliness and rule 86(1).
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19 July 2022 |
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A trial judge may not alter a plea-bargain sentence; appellate court enforces agreed concurrent sentences with remand deduction.
Plea bargaining — non-departure from agreed sentence; sentencing — concurrent v. consecutive sentences; appellate power to enforce plea agreement; Section 11 Judicature Act — substitution of illegal sentence
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19 July 2022 |
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Appellate court set aside illegal consecutive sentences and enforced plea-bargain concurrent sentences with remand deduction.
Criminal law – Plea bargaining – Non-departure principle – Trial judge may not substitute agreed plea-bargain sentence; must reject plea if inappropriate – Appellate power under Section 11 to impose appropriate sentence – Deduction of remand period – Concurrent vs consecutive sentences.
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19 July 2022 |
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Affidavits commissioned by an advocate lacking a valid practising certificate are curable; section 14A protects the applicant and allows rectification.
Election law — Competency of petition — Affidavits commissioned by Commissioner for Oaths without valid practising certificate — Section 14A Advocates (Amendment) Act — Protection of innocent litigant — Remedy to file fresh affidavits and rectify defects — Petition remitted for hearing on merits
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19 July 2022 |
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An election petition should not be dismissed for affidavits commissioned by a non‑practising advocate; section 14A permits rectification.
Election law – competency of election petition – supporting affidavits commissioned by a commissioner for oaths lacking valid practising certificate; Advocates (Amendment) Act s.14A – protection of innocent litigants – right to time to rectify defective pleadings; remedial approach: allow rectification and determination on merits rather than dismissal.
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19 July 2022 |
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Contempt application dismissed where interim order had expired, supporting affidavit lacked authority, and non-parties lacked cause of action.
Contempt of court – requirement of a subsisting lawful order, notice and non-compliance; Interim orders – expiry, extraction and effect on enforcement; Power of Attorney – strict construction and authority to depose; Joinder/misjoinder – no cause of action against strangers to the original order; Acts predating an order cannot constitute contempt
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19 July 2022 |
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Contempt application dismissed where interim stay had expired, deponent lacked authority, and non‑parties disclosed no cause of action.
Contempt of court – interim stay/status quo orders – expiry of time‑limited interim orders – effect on contempt proceedings; Power of Attorney – strict construction – locus to depose affidavit; Civil procedure – misjoinder/no cause of action against non‑parties.
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19 July 2022 |
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Appellate court upholds a 27-year sentence for aggravated robbery as not manifestly excessive.
Criminal law – Aggravated robbery – Sentence appeal – First appellate court’s duty to reappraise but interfere only if sentence illegal, based on wrong principle, materially flawed or manifestly excessive; sentencing range for aggravated robbery; consideration of aggravating and mitigating factors including remand credit.
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19 July 2022 |
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Whether the applicant unlawfully terminated the respondent without adequate notice or hearing and the appropriate remedies.
Employment law – unfair dismissal – insufficient notice and lack of fair hearing – summary termination; Contractual entitlements – gratuity and untaken leave – not speculative; Remedies – general damages as restitutionem in integrum; Statutory four weeks’ net pay – section 66(4) Employment Act; Interest – discretion under section 26(2) CPA; appellate review – reappraisal of evidence and limited interference with trial court's exercise of discretion.
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18 July 2022 |
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15 July 2022 |
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An election petition appeal challenging polling station relocation and alleged electoral malpractice was dismissed for lack of merit.
Election Petition – Relocation of Polling Stations – Voter Eligibility – Disenfranchisement – Jurisdiction of Electoral Commission – Appellate Review – Bias – Electoral Offences – Standard of Proof in Election Petitions
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15 July 2022 |
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13 July 2022 |
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Applicant failed to show sufficient reason for late filing; extension denied and appeal struck out.
Election law — Record of appeal must be filed within 30 days under rule 31; strict compliance required — Court may apply civil rules (rule 36) and extend time for sufficient reason (Court of Appeal Rules rule 5) — Constitutional/statutory imperative for expeditious disposal (Art.140; s.65(2)) — Failure to show sufficient reason for delay warrants refusal to validate late filings and striking out appeal.
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13 July 2022 |
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Court upheld expunging late and unpleaded affidavit material but set aside striking out petition for commissioner’s certificate expiry error.
Election petitions — compliance with court timelines and expeditious hearing — late affidavits filed without leave expunged; Pleadings and evidence — affidavits are evidence not pleadings; new matters in affidavits may be expunged; Commissioners for Oaths (Advocates) — expiry of annual practising certificate does not ipso facto terminate commission; validity of principal affidavit and petition — petition not automatically nullified by advocate’s unrenewed practising certificate; Section 14A Advocates Act — protects clients of advocates but requires a client–advocate relationship; Costs — awarding certificate for two counsel requires stated reasons.
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13 July 2022 |
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Strict adherence to statutory timelines in election appeals is required; failure to file on time renders an appeal incurably defective.
Electoral law – appeals – statutory timelines – extension of time – sufficient cause – strict compliance – late record of appeal – expeditious disposal of election petitions – court discretion in exceptional cases.
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13 July 2022 |
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An appeal filed beyond the 60-day Rule 83 limit, without proper registrar certification or extension, is incompetent and struck out.
Civil procedure — Appeals — Time for instituting appeals under Court of Appeal Rules r.83(1) — Copy of proceedings and record of appeal — registrar’s certificate under r.83(2) — computation of time — appeal struck out for being filed out of time where registrar’s certificate did not properly disclose period excluded.
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12 July 2022 |
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Proper evaluation of evidence is required to nullify an election for illegal practices; mere partisan allegations without corroboration are insufficient.
Electoral law – Parliamentary Elections – Bribery and illegal practices – Standard of proof – Evaluation of evidence – Rebuttal and credibility of witnesses – Costs – Election results – Procedural requirements in appeals and cross-appeals.
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12 July 2022 |
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Appellants failed to prove kibanja or lawful/bona fide occupancy; they were trespassers and appeal dismissed.
Land law – Kibanja/customary interests – burden to prove customary acquisition and busuulu; Lawful/bona fide occupancy (s.29 Land Act) – licence excluded (s.29(4)); Possession and trespass – registered proprietor entitled to sue; Limitation – trespass is a continuing tort; Damages – appellate interference only for misapplication of principle or manifest excess/leniency.
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12 July 2022 |
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Nullification of a registered lease on formal grounds does not bar enforcement of an equitable agreement to lease arising from payment and possession.
Civil procedure – res judicata – distinction between nullification of a registered instrument and extinction of private contractual obligations; plea of res judicata may bar only issues actually or necessarily decided in an earlier suit. Land law – lease registration formalities (Registration of Titles Act ss.147–148) – formal defect in registration does not necessarily negate an equitable lease arising from payment and possession. Contract and restitution – void agreement may give rise to restitutionary remedies (Contracts Act s.54) and enforceable equitable interests
Remedy – specific performance may be ordered to enforce an agreement to lease where part performance and equitable interest exist
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12 July 2022 |
