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15 judgments found.
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June 1993
Specific performance claim not time‑barred; right to sue accrued on defendant's 1990 refusal to execute the lease.
Civil procedure — Limitation of actions — Specific performance — Exception to six‑year limitation (Limitation Act Cap 70 s4(6))
Property law — Recovery of land — Accrual of right of action — 12‑year limitation (Limitation Act Cap 70 s6) accrues on refusal to execute formal lease
Civil procedure — Preliminary objection on limitation — Court considers plaint only and assumes its allegations true (Sachamia principle)
29 June 1993
Whether mitigating factors justify a reduced sentence for a brutal domestic manslaughter.
Criminal law — Manslaughter vs murder — acceptance of guilty plea; Sentencing — mitigation (early plea, first offender, surrender, dependants) v aggravation (brutality, domestic killing, deterrence).
24 June 1993
24 June 1993
23 June 1993
Accepted guilty plea to manslaughter; court sentenced accused to two years’ imprisonment balancing mitigation and aggravation.
Criminal law — Manslaughter — Plea to lesser and cognate offence accepted — Causal link between assault and death (ruptured spleen) — Sentencing: mitigation (guilty plea, remand, dependants, no prior convictions) v. aggravation (unlawful violence).
22 June 1993
22 June 1993
Where a vendor refuses to execute transfer after sale and payment, court may order Registrar to register the purchaser.
Land law — Transfer of title — Court may order Registrar to register purchaser where vendor refuses to execute transfer
Civil procedure — Default judgment/formal proof — Effect of vendor's failure to appear or file a defence on entitlement to relief
Equitable relief — Specific performance vs. registration by Registrar — Practicality and supervision of personal performance
21 June 1993
High Court struck out revision: RC court exceeded jurisdiction over registered land; parties lacked legal standing.
Civil procedure — Revision under section 84 CPA — High Court power to revise where subordinate court exercised jurisdiction not vested in it
Land law — Registered land v customary tenure — Resistance Committee courts lack jurisdiction over registered titles
Succession / standing — Locus standi for registered land transfers — Requirement of probate or letters of administration
16 June 1993
8 June 1993
Delict and Tort Law|Negligence
4 June 1993
Assessment of quantum for severe electrocution injuries to a child following admitted liability.
Personal injury—Electrocution causing severe burns and 60% permanent disability; liability admitted; quantum of damages—assessment of pain, suffering, loss of amenities and possible impotence; comparative authorities and caution against mechanical dollar-to-shilling conversion; award of Shs.16,000,000 plus interest and costs.
4 June 1993
Whether an interim injunction should restrain a bank’s auction of mortgaged land pending resolution of dispute.
Civil procedure — Interim injunction — Grant to restrain sale of mortgaged property pending suit — Tests: prima facie case, irreparable injury, balance of convenience
Property law — Mortgage and guarantee — Whether clause permitting sale without court ousts judicial jurisdiction and breaches natural justice — Notice requirements
4 June 1993
Court awarded 16 million shillings for severe burn injuries and 60% permanent disability to a minor.
Personal injury — General damages — Severe burns to a minor resulting from fallen transmission lines — Medical report and court observation — Permanent disability assessed at 60% and probable impotence — Quantum determined by recent local authorities rather than strict dollar conversion — Award of Shs.16,000,000 plus interest and costs.
4 June 1993
A minor electrocuted by a fallen transmission line awarded Shs 16,000,000 for severe injuries and 60% permanent disability.
Personal injury — electrocution and burns — assessment of general damages for pain, suffering and loss of amenities; permanent disability assessed at 60%; impotence likely though not conclusively proved; minor plaintiff; quantum guided by recent local authorities rather than strict dollar conversion.
4 June 1993
Court awarded substantial damages for severe electrocution burns to a minor, assessing 60% permanent disability and probable impotence.
Personal injury — electrocution and burns — assessment of general damages — permanent disability (60%) and probable impotence — dollar-conversion formula as guide, not mechanical rule — reliance on recent local authorities.
4 June 1993