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Citation
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Judgment date
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| November 2025 |
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A single-judge's substantive finding cannot be corrected as a clerical error; omission on costs corrected to abide appeal.
Court of Appeal — correction of judgments — distinction between substantive errors and clerical/accidental slips — Rules 2(2), 35(2)(c), 36(1) of the Court of Appeal Rules — appropriate remedy under section 12(2) Judicature Act for single-justice decisions — correction of omission as clerical error — costs to abide appeal.
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6 November 2025 |
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Appeal dismissed; court upheld that the appellant’s hotel was not ready for occupation and breached the contract.
Contract — breach for failure to provide facilities by agreed date; proof of readiness — documentary and oral evidence; admissibility and weight of audit reports; occupation permit — evidential value affected by contradictions; contract rates — deviation supports damages; unpleaded facts inadmissible on appeal; burden of proof not shifted.
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4 November 2025 |
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Executing court improperly quashed certificates based on post‑judgment material; mandamus to enforce clear decretal rights granted.
Execution against Government – certificates of order – limits of execution; mandamus to compel government payment; functus officio of executing court; inadmissibility of post‑judgment extraneous evidence to undermine final judgment; suspension vs quashing of certificates.
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4 November 2025 |
| October 2025 |
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The applicant was appointed administrator ad litem to prosecute the deceased's pending appeal and High Court suit.
* Succession law – appointment of administrator ad litem; limited grant of administration for ongoing litigation; Order 24 CPR substitution of deceased parties; requirements for issuing limited letters of administration; urgency and prevention of abatement; costs awarded to applicant.
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29 October 2025 |
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Underpaid court fees may be validated on payment; unpleaded, speculative or unproved damages and excessive interest were set aside or reduced.
Civil procedure – underpayment of court fees – court may validate proceedings upon payment of proper fees; Pleadings – relief must be pleaded and proved; Evidence – special damages and prospective profits require strict proof and credible factual/expert basis; Mitigation – claimant must take reasonable steps to mitigate loss; Interest – commercial interest rates must not unjustly enrich; Appellate review – re-evaluation of evidence on first appeal.
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29 October 2025 |
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Whether Appendix 6(A) applied to resignation and whether the 2009 amendment was retrospective.
* Employment law – terminal benefits – interpretation of Staff Regulations – Appendix 6(A) applies only to retirement (mandatory, early, medical), not resignation.
* Contractual interpretation – plain wording governs; latent ambiguities cannot be used to rewrite contract terms.
* Stare decisis – lower courts must follow binding appellate precedent; National Insurance Corporation Ltd v Mujuni is dispositive.
* Amendment of employment regulations – prospective application; past gratuitous payments do not create enforceable rights.
* PERD Act s.31 – does not create terminal-benefit entitlements for periods governed by earlier regulations that contained no such benefit.
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29 October 2025 |
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The respondent’s failure to clear the mortgage disentitles him to equitable interest and specific performance.
* Sale of land – condition precedent – purchaser’s duty to clear mortgage with bank before retrieval of title and demarcation of parcel. * Equitable interest – failure to perform essential contractual term disentitles purchaser to beneficial interest. * Evidence – bank receipts insufficient without bank/loan account statements; mutation/transfer must be proved to validate subdivision. * Specific performance – discretionary equitable relief; refused where claimant comes to equity with unclean hands. * Title – special certificate of title may be issued by bank when duplicate is lost and lawfully vests in payer of mortgage.
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23 October 2025 |
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Whether the power of attorney used to sell land was forged and whether the sale is void ab initio.
Property law; power of attorney; forgery of instrument; admissibility and presumption of certified copies; burden of proof in allegations of fraud; purchaser's duty of due diligence (search at Registrar); effect of forged authority on land transactions (void ab initio).
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23 October 2025 |
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Counsel’s procedural mistakes can justify extension and validation, but courts may reduce unconscionable consent interest and strike out procedurally defective appeals.
Civil procedure – extension of time and leave to appeal; validation of Notices of Appeal; service and essential procedural steps – Rule 40/41/78/82/83; Consent judgments – bindingness, grounds to set aside (mistake, fraud, collusion, contravention of court policy) and court’s power to moderate unconscionable interest; Interest – penal vs. ordinary interest, unconscionability, reduction of usurious rates; ECCMIS – electronic filing/service admissible but discrepancies may affect timing and validity; Execution sales – procedural compliance and striking out appeals for dilatory conduct.
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23 October 2025 |
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Failure to serve/request trial record within rule time limits rendered the appeal incompetent; counterclaim was not barred by s.6 CA.
Civil procedure – Appeals – Compliance with Court of Appeal Rules – Request for record of proceedings must be made within 30 days and served on respondent; failure to do so prevents time exclusion under rule 83(2)-(3) and renders appeal incompetent. Civil procedure – Stay of suit (s.6 Civil Procedure Act) – Does not apply where earlier suit involves different parties and different remedies; counterclaim not barred merely by existence of other proceedings.
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16 October 2025 |
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A contract unsigned by the statutory Accounting Officer is void ab initio and unenforceable, barring relief founded on it.
* Procurement law – mandatory statutory procedures – requirement that Accounting Officer sign local government procurement contracts – non-compliance renders contract void ab initio. * Equitable defences – estoppel and approbation/reprobation cannot validate contracts void for statutory illegality; no estoppel against an Act of Parliament. * Public funds – courts may order supervised reconciliation and restitution even where contract unenforceable. * Remedies – unenforceability of illegal contracts bars awards founded on such contracts (general damages and interest).
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16 October 2025 |
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Appeal allowed in part: partnership (2009–date) exists; specified assets declared partnership property, Official Receiver appointed for valuation and distribution.
Partnership law — existence of informal and registered partnership — essentials of partnership and reappraisal on first appeal; Partnership property — assets purchased during subsistence of partnership deemed firm property; Civil procedure — inadmissibility of reliefs or findings based on un‑pleaded facts; Remedies — appointment of Official Receiver for valuation, disclosure of books and equal distribution; Costs and damages.
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15 October 2025 |
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Stay refused: applicants showed arguable appeal but failed to prove irreparable harm or that balance of convenience favoured them.
Civil procedure — Stay of execution — Principles: prima facie appeal, irreparable injury/nugatory effect, balance of convenience, promptness — Re-entry to protected land irregular — Public interest and statutory duty to protect gazetted forest reserves relevant to balance of convenience.
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15 October 2025 |
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An unserved notice of appeal is not validly lodged; stay of execution denied for lack of prima facie case, irreparable harm and undue delay.
Civil procedure — Stay of execution pending appeal — Notice of appeal must be served to be validly lodged; unserved notice is incompetent — Applicants must show prima facie success, irreparable damage or nugatory appeal, no inordinate delay and adequate security — Balance of convenience considered.
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15 October 2025 |
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Whether locus in quo evidence was lawful and whether trespass was proved over asserted kibanja rights.
Court of Appeal — locus in quo proceedings; Magistrates Courts Act s.100 power to summon material witnesses; Evidence Act s.166 — improper admission not automatically ground for retrial; second appeal scope — re-evaluation of evidence; onus in trespass suits and proof of customary (kibanja) interest.
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10 October 2025 |
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Second appellate court remits land dispute for a proper locus in quo visit and survey to assist factual determination.
Land law – second appeal – scope of appellate review on facts (Rule 32(2)) ; locus in quo – necessity of proper site visit and survey to determine factual disputes; remittal to High Court for locus visit and survey.
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10 October 2025 |
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Appeal: cause of action accrued on disturbance of possession in 2006; only two surveyed plots belong to appellants' mother's estate; damages set aside.
Land law – succession and administration – ownership dispute between estate of deceased ancestor and estate of deceased daughter; gift inter vivos – requirements and proof; limitation – accrual of cause of action and raising limitation on appeal; unregistered land – role of possession and survey in creating equitable interest; damages and costs – interference where award is manifestly excessive and promotion of family harmony.
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10 October 2025 |
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Court stayed execution pending appeal, requiring the applicant to deposit Shs. 20,000,000/= as security within 30 days.
* Civil procedure – Stay of execution pending appeal – requirements: pending appeal, prima facie grounds, substantial/irreparable loss, imminent execution, balance of convenience.
* Security for due performance – discretionary condition – Court fixed security at Shs. 20,000,000/=.
* Land law – occupation/kibanja dispute and effect of execution on appeal rights.
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4 October 2025 |
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Appellate court upheld a 20-year sentence for aggravated defilement of a nine-year-old as not excessive.
* Criminal law – Aggravated defilement – sentence assessment and appellate interference; consideration of mitigating and aggravating factors (victim age, breach of trust). * Sentencing – application of 2013 Sentencing Guidelines (range for aggravated defilement) and parity with jurisprudence. * Appellate review – re-appraisal of evidence with deference to trial court's advantage in observing witnesses.
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3 October 2025 |
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Appellate court set aside an inadequately reasoned 25-year manslaughter sentence and resentenced to 18 years with remand deduction.
Criminal law – Sentencing – Manslaughter – Whether sentence manifestly excessive – Requirement to demonstrate application of aggravating and mitigating factors – Sentencing Guidelines (15-year starting point) – Deduction of pre-trial remand.
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3 October 2025 |
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Appellate court reduced aggravated defilement sentence to 17.5 years, requiring explicit arithmetic remand credit under Article 23(8).
* Criminal law – Sentencing – Aggravated defilement – Appropriate sentence having regard to gravity, incestuous element and victim's age. * Constitution Art. 23(8) – Remand credit – remand period must be arithmetically credited; general statements are ambiguous. * Appeal – interference with sentence only where illegal, erroneous in principle or manifestly excessive.
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3 October 2025 |
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Court reduced a 35‑year aggravated defilement sentence to 27 years after considering consistency and remand deductions.
* Criminal law – Sentencing – appellate interference only where sentence illegal, wrong principle, material factor overlooked, or manifestly excessive.
* Sentencing – Aggravated defilement – seriousness, victim’s age, breach of trust and physical injury as aggravating factors.
* Sentencing guidelines – duty to consider consistency with comparable cases.
* Appellate powers – Court of Appeal may substitute sentence and deduct pre‑trial remand under Judicature Act.
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3 October 2025 |
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A voluntary, retracted confession corroborated direct evidence; appeal against conviction for defilement dismissed.
Criminal law – aggravated defilement; admissibility and corroboration of retracted confession; hearsay vs direct report evidence; victim non‑attendance; procedural safeguards when recording charge and caution statements.
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3 October 2025 |
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Appellate court reduced a manifestly excessive murder sentence to align with comparable precedents and allowed remand credit.
* Criminal law – Murder – Appeal against sentence – Appellate interference only where sentencing was wrong in principle or manifestly excessive. * Sentencing – Consistency with comparable cases – appellate court may reduce sentence if out of range. * Remand credit – time on remand deducted from substituted sentence.
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3 October 2025 |
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Appellate court upheld murder sentence, finding the trial judge properly balanced aggravating/mitigating factors and deducted remand.
* Criminal law – Sentencing – Appellate interference – discretion to interfere only if sentence is illegal, founded on wrong principle, manifestly excessive or material facts ignored. * Sentencing – consideration of aggravating and mitigating factors and setting a starting point. * Sentencing – deduction of remand period under Article 23(8) of the Constitution and Sentencing Guidelines. * Appellate procedure – first appellate court power to re‑appraise evidence (Rule 30(1)) and exercise same sentencing powers as trial court (Section 11 Judicature Act).
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3 October 2025 |
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Where sentence was imposed before Rwabugande, failure to arithmetically deduct remand did not render it illegal; 18-year rape sentence upheld.
* Criminal law – Rape – sentencing – requirement to deduct pre-trial remand under Article 23(8) – effect of Rwabugande decision on sentences imposed prior to that authority.
* Appellate review – interference with sentencing discretion – manifest excessiveness standard and consistency with comparable precedents.
* Retroactivity – non-retroactive application of new sentencing requirement where sentence was passed before the leading decision.
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3 October 2025 |
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Appellate court reduced life sentence to 31 years 6 months for failure to consider material mitigating factors.
* Criminal law – Sentencing – Interference by appellate court where sentence illegal, based on wrong principle, overlooks material factors, or is manifestly excessive. * Sentencing – Mitigation – youth, first offender status, breadwinner role, and time on remand relevant and must be considered. * Appellate powers – Court of Appeal may exercise original sentencing jurisdiction under s.11 Judicature Act to substitute an appropriate sentence. * Sentencing consistency – courts must have regard to sentencing guidelines and comparable authorities.
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3 October 2025 |
| September 2025 |
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Stay application dismissed for being brought in Court of Appeal instead of first in the High Court.
Civil procedure – stay of execution/injunction pending appeal – Rule 42(1) requirement to apply first in the High Court – limited exception in Rule 42(2) for intending appellants – Court of Appeal may only hear in first instance where special circumstances or imminent delay shown – application dismissed on preliminary objection; merits not considered.
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30 September 2025 |
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Appellate court upheld the aggravated defilement sentence and compensation for permanent injury to the victim.
* Criminal law – Aggravated defilement – sentence – appellate interference with sentence only where wrong principle, overlooked material factor, or manifest excess. * Sentencing – mitigating versus aggravating factors – permanent physical injury to a child as a substantial aggravation. * Trial on Indictments Act – compensation for material loss or personal injury – award permissible where severe personal injury is evident even without detailed pecuniary evidence. * Sentencing guidelines and comparative precedents are informative but not binding; sentences must reflect each case’s facts.
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29 September 2025 |
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Whether a 30-year murder sentence was manifestly excessive under sentencing guidelines and consistency principles.
* Criminal law – Sentencing – Murder – Whether a 30-year sentence is manifestly excessive – Application of the Constitution (Sentencing Guidelines, 2013) – Principle of consistency/uniformity in sentencing – Scope of appellate interference on sentence.
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29 September 2025 |
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Failure to deduct remand time rendered the sentence illegal; appellate court set aside and re-sentenced accordingly.
Criminal law – Aggravated defilement – Sentencing – Mandatory deduction of remand time under Article 23(8) of the Constitution and Principle 15 of Sentencing Guidelines – Failure to deduct renders sentence illegal – Appellate re-sentencing under Section 11 Judicature Act.
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29 September 2025 |
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Appeal against life sentence for aggravated defilement dismissed; sentence upheld as not manifestly excessive.
Criminal law – Sentencing – Appeal against sentence – aggravated defilement of a 2‑year‑old – consideration and weighing of aggravating and mitigating factors under the Constitution (Sentencing Guidelines) (Practice Directions) 2013; appellate restraint in interfering with sentencing discretion; consistency in sentencing for serious child sexual offences.
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29 September 2025 |
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Failure to arithmetically deduct pre-trial remand rendered a sentence illegal; appellate court resentenced accordingly.
Criminal law – Sentencing – Aggravated defilement – Mandatory deduction of pre-trial remand (Article 23(8); Guideline 15) – Reconciliation not available for felonies – Appellate resentencing powers (Judicature Act s.11).
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29 September 2025 |
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Second appeal struck out for dilatory prosecution—failure to file conferencing notes and take essential steps; costs to respondents.
Civil procedure — Appeal — Striking out for want of prosecution/dilatory conduct; mandatory filing of conferencing notes and attendance at scheduling; misuse of stay of execution to retain possession; second appeal limited to appraisal of inferences of fact (no fresh evidence).
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26 September 2025 |
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Declaratory trespass suit to preserve an estate was not barred by res judicata or limitation; transfers found irregular and appellants trespassers.
Property law; succession and administration of estates – preservation of estate rights – declaratory relief and injunctions; Res judicata – applicability where earlier proceedings involved different parties and different reliefs; Limitation – declaratory suits and continuing trespass fall outside 12-year recovery bar; Fraudulent/irregular land registration – constructive fraud on successors in administration; Possession and trespass – evidence of occupation versus sales/subdivisions by successors.
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26 September 2025 |
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Appellate court upheld a 30-year rape sentence, finding it proportionate given severe aggravating factors.
Criminal law – Rape – Sentencing – Appellate interference only where trial court misdirected or imposed manifestly excessive sentence – Consistency in sentencing not absolute – Aggravating factors (violence, threats, multiple assaults, HIV exposure) justify severe term – Validation of out-of-time Notice of Appeal.
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26 September 2025 |
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A consent judgment recorded in court is binding and may only be set aside for limited reasons; drafting errors may be corrected.
Civil procedure – Consent judgments – Validity of oral consent recorded in court – Consent judgment binding despite absence of formal signed draft; grounds to set aside limited to fraud, collusion, illegality, mistake or misapprehension; appellate correction/variation of decree to reflect recorded consent.
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26 September 2025 |
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Appeal dismissed for procedural delay; respondent's title and compensation largely upheld, general damages reduced.
Civil procedure – appeal competence – failure to lodge memorandum/record within 60 days under Rule 83(1) – appeal deemed withdrawn; Limitation law – accrual of cause of action in land claims (2016/2018) – suit within statutory period; Land law – validity of title – customary root of title and statutory conversion to freehold; Registration of Titles Act – earlier title defeasible where it wrongly includes another’s land; Compensation – reliance on unchallenged valuation; General damages – appellate reduction for excessiveness; Interest – discretionary award upheld at 23% p.a.
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19 September 2025 |
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First appellate court upholds invalidity of will, unlawful probate and fraudulent title; appeal dismissed, costs to respondent.
Wills and succession — admissibility and execution — compliance with Succession Act formalities and Illiterates Protection Act (jurat) — burden of proof under Evidence Act s.101; Probate — grant only to executor appointed by will (express or necessary implication) — invalid will negates probate; Registration and title — registration procured by forged/invalid instrument may amount to fraud; Pleadings and procedure — appeal ground not based on trial judgment is incompetent; Damages — general damages for distress justified by finding of fraud.
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19 September 2025 |
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The applicant cannot be held liable as successor absent proof it assumed the predecessor's tortious liabilities.
Civil procedure – wrong party/who may be sued – successor liability – proof required to establish assumption of tortious liabilities; Res judicata – scope of prior Supreme Court ruling; Damages – special damages must be pleaded/ascertained; Interest – award from filing date only for ascertained debts; appropriateness of high commercial interest rates for unascertained damages.
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19 September 2025 |
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Application for stay dismissed for non-compliance with Rule 42(1) and failure to show exceptional circumstances.
Court of Appeal practice – Rule 42(1) Court of Appeal Rules – requirement to apply to High Court first for stay; special/exceptional circumstances threshold; stay of self-executing declaratory orders; competence to join parties on appeal; affidavits by persons with knowledge under Rule 44(1).
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18 September 2025 |
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An Article 50 motion cannot substitute for a full trial to resolve disputed land ownership and prove special damages.
Constitutional enforcement (Article 50) — Procedure: Notice of motion and affidavit evidence vs ordinary suit by plaint where ownership/fraud are substantially disputed; Judicial notice — statutory instrument (Gazette/General Notice) and its evidential effect; Evidence — pleading and proof of special damages, valuation reports and requirement of full trial; Article 126(2)(e) — limits on dispensing with procedural requirements; Remedies — cancellation of title, compensation and mesne profits not appropriately awarded on motion evidence.
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17 September 2025 |
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Employer failed to prove desertion; employee entitled to salary arrears, retirement benefits and reduced damages.
Employment law – unlawful removal from payroll – desertion – burden of proof on employer to show transfer, notice and intent not to return; entitlement to salary arrears and retirement benefits. Damages – general damages for non-pecuniary loss upheld; punitive damages not justified and set aside. Interest – pre-judgment interest discretionary (20% upheld for arrears to judgment); post-judgment interest substituted at 6% until payment.
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17 September 2025 |
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Whether agreements were sales or unlicensed loans and whether resulting agreements were enforceable.
Commercial law — characterisation of transactions as sale of goods versus loan agreements; Money-lending — unlicensed money lending renders loan agreements unenforceable; Subsequent agreements arising from illegal contracts inherit unenforceability; Proper temporal application of statutes — cannot apply post-enactment law to earlier transactions; Remedies — courts will not grant damages flowing from contracts tainted by illegality.
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17 September 2025 |
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A party must raise bona fide triable issues to obtain leave to defend a summary suit under a contractual dispute.
Summary procedure – leave to appear and defend – whether triable issues or bona fide defences were raised – contract law – consideration for penalties and interest – enforceability of contractual penalties and interest rates – unconscionability – specific performance – contractual contingencies – appellate review of summary judgment.
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11 September 2025 |
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The absence of a written judgment requires the appellate court to re-evaluate evidence and substitute its own verdict and sentence.
Criminal procedure – fair trial – absence of written judgment – powers of appellate court – re-evaluation of evidence – murder – aggravated robbery – circumstantial evidence – doctrine of recent possession – acquittal for lack of proof beyond reasonable doubt.
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11 September 2025 |
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Appellate court reduced a 50-year murder sentence to 27 years 9 months after mitigating factors were ignored.
Criminal law – Sentencing – appellate interference where sentence is manifestly excessive; mitigating factors (first offender, remand) must be considered – mob justice vs premeditation in sentencing – substitution of sentence under section 11 Judicature Act – deduction for time on remand (Article 23(8)).
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9 September 2025 |
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A self-represented appellant's claim to family land failed for lack of legal entitlement, despite procedural errors and a timely suit.
Land law – Customary tenure – Claim to land as a beneficiary or by adverse possession – Limitation of actions – Effect of failure to visit locus in quo – Standards for framing grounds of appeal.
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5 September 2025 |
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An appellate court may reduce a manifestly excessive life sentence where mitigating factors were overlooked and substitute a fixed term.
Criminal law – Sentencing – Appellate re-appraisal of sentence where trial judge overlooked mitigating factors – Life imprisonment substituted with fixed term for consistency – Deduction of remand period.
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4 September 2025 |
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A 21-year sentence for aggravated robbery was upheld as neither harsh nor excessive given the offence’s gravity and prevailing sentencing standards.
Criminal law – Sentencing – Aggravated robbery – Principles for appellate review of sentence – Discretion of sentencing court – Consideration of aggravating and mitigating factors – Consistency with sentencing guidelines and precedents.
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3 September 2025 |
