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Citation
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Judgment date
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| August 1993 |
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26 August 1993 |
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26 August 1993 |
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Court restrained title registration pending resolution of a dispute over succession and beneficiaries’ caveat.
* Succession law – certificate of succession – dispute over extent of estate and right to deal with residual land. * Land registration – caveat – interim restraint on Registrar of Titles pending determination of ownership. * Interim relief – preservation of status quo, risk of irreparable harm where registration would defeat pending litigation.
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26 August 1993 |
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Original documentary evidence admissible despite not being annexed; authenticity disputes require expert proof.
Civil procedure – admissibility of documents – requirement to annex documents to plaint (Order 7) – best-evidence rule – original document admissible; authenticity disputes requiring expert evidence.
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23 August 1993 |
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Applicant failed to show urgency or produce a credible affidavit to hear setting-aside during court vacation.
* Civil procedure – Court vacation rules – leave to apply during vacation to set aside ex parte judgment; urgency requirement. * Affidavits – material inconsistencies and deliberate falsehoods render affidavit suspect. * Order 17 r.3 CPR – requirement to distinguish facts within deponent’s knowledge from matters of information and belief and to state sources.
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19 August 1993 |
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Limitation runs from discovery of fraud; the applicant’s land claim was timely and the preliminary objection was overruled.
* Limitation Act (Cap. 70) s.6 and s.26 – recovery of land – commencement of limitation period on discovery of fraud; caveat as evidence of discovery.
* Civil Procedure Rules Order 7 r.11(d) and (e) – rejection of plaint for being time‑barred or frivolous – preliminary objection procedure.
* Triable issues – factual disputes on knowledge and discovery render limitation a matter for trial.
* Representative actions – administrators suing for estate rights and implication for accrual of cause of action.
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18 August 1993 |
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The accused was acquitted as the prosecution failed to establish his identity as the assailant beyond reasonable doubt.
Criminal Law - Murder - Elements of unlawful death and malice aforethought - Identification by single witness - Corroboration.
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17 August 1993 |
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Possession of recently stolen property led to conviction as receiver with knowledge, not as principal robber.
Criminal law – aggravated robbery – elements: theft and use of deadly weapon; possession of recently stolen property – presumption of thief or receiver with knowledge; standard to rebut (balance of probabilities); conviction as receiver (s.298(1)); sentencing considerations (violence, first offender, remand).
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17 August 1993 |
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Prosecution failed to prove aggravated robbery and rape beyond reasonable doubt due to lack of deadly‑weapon proof and insufficient corroboration.
Criminal law – aggravated robbery – requirement to prove use or threat of deadly weapon (expert/evidential proof if firearm) – identification evidence – risk of bias where witnesses related or have motive to lie – rape – need for corroboration where prosecution witnesses may have motive; burden remains on prosecution to prove guilt beyond reasonable doubt.
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17 August 1993 |
| July 1993 |
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27 July 1993 |
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20 July 1993 |
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The accused’s identification by familiar witnesses and brutal wounds established malice; convicted of murder and sentenced to death.
Criminal law – murder – proof of death without post‑mortem; identification evidence by familiar witnesses under favourable conditions; malice aforethought inferred from nature of injuries and weapon; fabricated alibi as corroboration; admissibility and weight of documentary evidence of residence.
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7 July 1993 |
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5 July 1993 |
| June 1993 |
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Claim for specific performance of a 1977 lease not time‑barred; cause of action accrued on defendant’s 1990 refusal.
Limitation Act – specific performance as exception to six‑year contract limitation (s.4(6)); accrual of cause of action for recovery of land under s.6 determined by defendant’s refusal to perform; preliminary objections on limitation decided on the plaint and annexures, assuming pleaded facts to be true.
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29 June 1993 |
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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).
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24 June 1993 |
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24 June 1993 |
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23 June 1993 |
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22 June 1993 |
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Plaintiff proved a land sale; court directed Registrar to register plaintiff after vendor refused to sign transfer.
Land law – sale of land and transfer – proof of sale, payment and possession; remedies where vendor refuses to execute transfer – refusal to order specific performance of a personal act; High Court power to direct Registrar of Titles to alter register; defaulting defendant (failure to enter appearance).
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21 June 1993 |
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8 June 1993 |
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Delict and Tort Law|Negligence
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4 June 1993 |
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Interlocutory injunction granted to prevent bank sale of mortgaged land pending suit due to prima facie case and irreparable harm.
Civil procedure – Temporary injunction – Requirements: prima facie case, irreparable harm, balance of convenience; Mortgage law – Power of sale by public auction – Whether clause ousting court jurisdiction valid; Natural justice – Right to be heard before forced sale; Notice of demand and statutory procedure for sale.
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4 June 1993 |
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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.
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4 June 1993 |
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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.
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4 June 1993 |
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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.
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4 June 1993 |
| May 1993 |
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A railway is liable where crew move a train with doors open and without ensuring passengers have disembarked; claimant not contributorily negligent.
* Negligence – carrier’s duty of care to passengers – moving train while passengers alight and keeping doors open is negligent.
* Evidence – oral proof of fare payment admissible where ticket lost; corroboration by independent witness accepted.
* Contributory negligence – must be proved by evidence; mere allegation insufficient.
* Damages – catastrophic injury and high permanent disability justify substantial general damages.
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28 May 1993 |
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Civil Procedure|Jurisdiction
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27 May 1993 |
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Plaintiffs failed to prove passenger status, injuries and negligence, so their claims and special damages were dismissed.
Motor vehicle accidents; proof of passenger status; duty of care to trespassers; proof of injuries and special damages; credibility of oral testimony versus medical reports; res ipsa loquitur inapplicable where plaintiffs are trespassers.
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18 May 1993 |
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13 May 1993 |
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Civil Procedure|Civil Remedies|Injunctions and interdicts|Injunction
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12 May 1993 |
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The suit to reclaim government-controlled land under the Expropriated Properties Act, based on expired lease, was dismissed.
Property Law – Expropriated Properties Act – applicability to corporate trustees – lease expiration and repossession rights.
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10 May 1993 |
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Banking, Finance and Insurance Law|Contract Law|Breach of Contract
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5 May 1993 |
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Death proved and unlawful killing established, but provocation negated malice; conviction reduced to manslaughter and sentenced with remand credit.
* Homicide — distinction between murder and manslaughter — requirement for malice aforethought; role of provocation in reducing murder to manslaughter. * Evidence — dying declaration and eyewitness testimony may suffice to prove death and causation even without tendered post‑mortem report. * Defences — provocation can reduce culpability; self‑defence requires proportionality and reasonable apprehension of death or grievous harm. * Sentence — credit for time on remand when passing custodial sentence.
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3 May 1993 |
| April 1993 |
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Late application to amend pleadings to allege corporate non‑existence denied for delay, inadequate explanation and prejudice.
Civil procedure – Amendment of pleadings – Leave to amend at late stage – Considerations: timing, conduct/dilatoriness, inadvertence vs culpable omission, prejudice/injustice to other party; requirement to attach proposed amended pleading; corporate existence defence raised late.
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29 April 1993 |
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Theft and shooting proved, but identification, circumstantial evidence and chain-of-custody gaps led to acquittal for lack of proof.
* Criminal law – Aggravated robbery – Elements: theft; use or threat of deadly weapon; participation by accused. * Identification – single-witness identification: requirements, contradictions, failure to name attacker and defective identification parade undermine reliability. * Circumstantial evidence and recent possession – must irresistibly point to accused; chain of custody and arrest records critical. * Burden of proof – prosecution must prove guilt beyond reasonable doubt; suspicion insufficient.
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23 April 1993 |
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15 April 1993 |
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A conviction for defilement requires strict proof of the complainant’s age; failure to prove age defeats a prima facie case.
Criminal law – Defilement – Elements: actus reus and victim’s age – Strict proof of age required for serious/capital offences; admission and medical evidence may prove intercourse but not necessarily age – Prima facie case – when no case to answer.
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3 April 1993 |
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Property Law|Land|Land Dispute
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2 April 1993 |
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Civil Procedure|Appeals and reviews
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1 April 1993 |
| March 1993 |
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The applicant failed to prove ownership; the court found the deceased the purchaser and dismissed the claim.
Land law – proof of title – conflicting sale agreements – credibility of vendor’s explanation; ownership of developments; jus tertii; succession – heirs and letters of administration; eviction and alleged unlawful retention of property; assessment of damages.
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24 March 1993 |
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Evidence Law|Documentary Evidence
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17 March 1993 |
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3 March 1993 |
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Court appointed applicant guardian with authority to manage and deal with infant's land for the infant's benefit under court supervision.
* Guardianship – appointment under section 9(a) of the Judicature Act; * Infant property – management, development and disposal powers (mortgage, lease, sale) for infant's benefit; * Court supervision – safeguarding infant's paramount interest when granting contractual powers to guardian.
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3 March 1993 |
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1 March 1993 |
| February 1993 |
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Court granted adoption without parental consent due to circumstances, ensuring the child's best interest.
Adoption law - compliance with statutory requirements - best interest of the child - consent waiver due to absence.
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26 February 1993 |
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23 February 1993 |
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Family Law|Marriage In Community of Property
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22 February 1993 |
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16 February 1993 |
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Locus in quo visit by consent is not miscarriage of justice; customary heirship evidence can validate a land transfer.
Civil procedure – locus in quo visits – admissibility of additional evidence under Rule 23(3); succession/customary heirship – proof of heirship and authority to dispose of customary land; administration of estates – relevance of letters of administration.
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2 February 1993 |
| January 1993 |
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A caveat must be backed by a protectable interest; respondents lacked such interest, so caveats were removed.
Land law – Caveat – Validity requires a protectable legal or equitable interest (s.148 RTA); Administrator‑General’s distribution and issuance of succession/letters; registration by successors; beneficiaries carved out by distribution lack protectable interest to support caveats; related suit by a minor does not validate caveats not lodged on the minor’s behalf.
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19 January 1993 |