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Citation
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Judgment date
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| March 2009 |
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Court dismissed treason charge after six-year prosecution delay constituting abuse of process and oppression of the accused.
Constitutional law – powers of the Director of Public Prosecutions to institute, prosecute or discontinue criminal proceedings; Criminal procedure – abuse of process; Inherent jurisdiction of the court to prevent oppression and prejudice from prolonged, stalled prosecutions; Article 139 Constitution; Section 14 Judicature Act; Connelly v DPP; remedy — dismissal of charge.
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5 March 2009 |
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The applicant was appointed guardian of the infant's estate and may manage and pledge the child's property.
* Constitutional and jurisdictional law – parens patriae – High Court’s power to appoint guardians of infants’ estates where statute is silent. * Children Act – guiding welfare principle – lacuna regarding estate management. * Judicature Act – application of common law and equity to fill statutory gaps. * Guardianship – guardian as trustee obliged to account; authority to manage, pledge or sell child’s property without separate order for each act.
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3 March 2009 |
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Provocation found to negate malice; accused convicted of manslaughter and sentenced to ten years imprisonment.
Criminal law – killing during a domestic quarrel – admission in charge and caution statement – medical evidence of fatal stab wound – provocation as partial defence negating malice aforethought – conviction for manslaughter and sentencing considerations.
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3 March 2009 |
| February 2009 |
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Claim for unlawful detention and torture dismissed as time-barred; hiding/fear of arrest not a legal disability.
Limitation law – torts against the Government – 12‑month limitation (Act 20/1969) – false imprisonment accrual on release; Legal disability – hiding/fear of arrest not automatically a disability suspending limitation; Pleadings – party bound by pleaded case; Constitutional provision Article 126(2)(e) cannot cure substantive limitation bar.
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26 February 2009 |
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A grant of administration obtained by concealing beneficiaries and false representations was revoked; respondent ordered to render accounts.
Succession law – admissibility of wills – Section 67 Evidence Act/Section 50 Succession Act; Letters of administration – revocation for fraud or concealment (Section 234 Succession Act); Estate administration – mismanagement, unauthorized sale and distribution; Remedy – revocation of grant, appointment of administrators, order for account and handover; Damages withheld pending full account; Costs awarded.
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25 February 2009 |
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Plaintiff’s appointment was procured by forged PSC documents; payroll removal lawful and reinstatement/benefits denied.
Public Service appointments – Validity of appointment – Forged PSC minutes and corrigenda; payroll removal – lawfulness where appointment is nullity; burden of proof – presumption shifted and rebutted by PSC records; remedies – reinstatement/salary/pension unavailable to irregular entrants.
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24 February 2009 |
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Prosecution failed to establish a prima facie case of defilement due to medical timing inconsistencies and witness contradictions.
Criminal law – Section 73 Trial on Indictments Act – sufficiency of prosecution case; Defilement – essential ingredients: sexual act, victim under age, accused as male actor; Medical evidence – timing of injuries; Witness credibility – contradictions and omission of key witnesses; Presumption of innocence and prima facie threshold.
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24 February 2009 |
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A grant of letters of administration based on a false allegation of intestacy may be revoked; valid probate prevails.
Succession — testate v intestate succession — probate v letters of administration; Succession Act ss.180,182,189,234 — revocation of grant where petition alleges untrue fact essential to justify grant; ignorance/inadvertence no defence to revocation; burden on challenger to prove will invalid; fraud allegations requiring proof.
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23 February 2009 |
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Failure to comply with conditions to set aside an ex‑parte judgment warrants dismissal and allows execution to proceed.
Civil procedure – setting aside ex‑parte judgment – conditional orders requiring strict compliance – non‑compliance and partial compliance – effect on execution of decree; duty to obey court orders; evidence required to excuse non‑compliance by failure of counsel to communicate orders.
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19 February 2009 |
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Court overruled forgery objection and found it could tax the advocate–client bill of costs.
Advocate–client taxation – existence of bill of costs – alleged forgery of payment voucher – burden to prove fraud – jurisdiction to tax under Advocates Act ss.57–58(5).
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17 February 2009 |
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The plaintiff’s retrenchment benefits must be calculated using the salary at the effective retirement date; underpayment awarded with interest.
* Employment law – retrenchment benefits – proper basis of calculation – whether ‘current monthly package’ on effective retrenchment date governs severance, long service award and leave computations. * Evidence – documentary evidence – effect of exhibit and failure to cross‑examine – admitted contents treated as authentic. * Employer succession/merger – liability for employee contractual entitlements after acquisition. * Interest on arrears – compensation for delayed payment of contractual sums.
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16 February 2009 |
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Arrest was lawful but detention beyond 48 hours was unconstitutional; State liable and damages awarded.
Police powers of arrest – reasonable cause and informing arrested person (Art.23(3)); Detention limits – Article 23(4)/Police Act s.25 (48-hour rule); State liability under Government Proceedings Act for torts of police; Damages for unlawful detention (general and exemplary).
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12 February 2009 |
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A director’s signature on a company letter did not create personal liability for the company’s debt; the company was liable.
Company/director liability – interpretation of company correspondence – director’s signature held to create personal liability for share purchase only, not for company debts; contractual interest enforceable; award of general damages and post-judgment interest; costs against company but not against director for dismissed claim.
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12 February 2009 |
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The court found the defendant vicariously liable for the driver's negligence, awarding damages to the injured passengers.
Tort Law – Negligence – Vicarious Liability – Public Service Vehicle – Scope of Employment – Inevitable Accident Defense.
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9 February 2009 |
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Plaintiff’s challenge to repossession was time‑barred; failure to complete payment made cancellation lawful and former owner awarded possession and damages.
Expropriated Properties Act s.15(1) - 30-day limitation for challenging Minister’s repossession decision; Contract law - time of the essence for payment conditions and lawful cancellation for non-payment; Repossession certificates and competency to challenge; Eviction, mesne profits and general damages for wrongful possession.
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8 February 2009 |
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A tribunal’s exoneration of a public officer binds the District Service Commission; retiring the officer without hearing was unlawful and damages awarded.
Local Government law – Removal of Chief Administrative Officer – Tribunal of three High Court judges – finding of no prima facie case binds administrative organs – District Service Commission’s power to take appropriate action – natural justice – unlawful retirement and entitlement to statutory benefits under section 61(2) Cap.243 (formerly section 62(2) Act 1 of 1997).
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5 February 2009 |
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The respondent recovered the value and damages after the applicant, as carrier, failed to account for missing consigned sugar.
Carriage of goods – consignment notes as prima facie evidence of contract and cargo particulars (Evidence Act ss.91–92) – carrier’s duty to check and note reservations on receipt – burden shifts to carrier to explain loss (Evidence Act s.106) – valuation by invoice – damages and costs awarded for breach of contract.
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5 February 2009 |
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Employer held vicariously liable for driver’s negligent overtaking causing pedestrian's death; damages awarded to dependants.
• Road traffic accident – death of pedestrian – proof by plaintiff, post-mortem and police report; • Negligence – excessive speed and dangerous overtaking by driver; • Vicarious liability – employer liable under Law Reform (Miscellaneous Provisions) Act; • Service of process – non-service on driver leads to dismissal; director’s refusal to sign does not negate service; • Quantum – multiplicand/multiplier method with 10% reduction for contingencies; apportionment among minor dependants.
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5 February 2009 |
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A contested hospital "release" did not absolve the defendant; plaintiff awarded substantial damages for negligent driving.
* Road traffic accidents – liability of owner for negligence of authorized driver; determination of negligent driving and point of impact.
* Evidentiary burden for execution and voluntariness of settlement/release documents executed in hospital.
* Assessment of damages – general damages for maiming, prospective loss of earnings and special damages; deduction for interim payments by insurer.
* Credibility and proof – need for clear proof (handwriting, translation, witnesses) when asserting discharge of liability.
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4 February 2009 |
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Driver negligent; employer vicariously liable; plaintiff not contributorily negligent; damages and interest awarded.
* Tort — Negligence — Road traffic accident — Driver’s guilty plea in traffic prosecution supporting civil finding of negligence. * Vicarious liability — Employer liable for servant’s negligent driving where driving connected to employment duties. * Contributory negligence — Burden on defendant to prove; absence of sufficient evidence to reduce plaintiff’s recovery. * Damages — Special damages proved by receipts; general damages awarded for amputation and pain and suffering; interest and costs.
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2 February 2009 |
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Court refused dismissal for failure to provide registrar-ordered security pending appeal and sent files to Land Division.
Civil procedure – Security for costs – Order 43 Rule 2(1) – Registrar’s power to order security for costs while matter is before High Court – Jurisdictional question to be determined on appeal – Pending appeal precludes dismissal of main suit – Direction to place files before Land Division for expeditious disposal.
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1 February 2009 |
| January 2009 |
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Court overruled preliminary objections and allowed judicial review to proceed, finding causes of action continuing and objections premature.
Judicial review – mandamus and certiorari; Election law – scope of Articles 61 & 64 and s.15 Electoral Commission Act; Limitation – continuing cause of action and time‑bar under O.42A r.5(1); Affidavit veracity – contested factual issues not for preliminary rejection; Representative actions – O.1 r.8 inapplicable where applicant sues in personal capacity.
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30 January 2009 |
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Appellant proved ownership and occupation; trial court wrongly dismissed claim and respondent held liable for trespass.
Land law – ownership by purchase and occupation – evidence on balance of probabilities; Trespass – demarcation and removal of materials; Local government/town planning – municipal communication invalid without impartial investigation or testimony; Re‑planning does not divest legal title.
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29 January 2009 |
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Where an organizational plaintiff withdraws a suit amid internal leadership dispute, the court ordered each party to bear its own costs.
Civil procedure – Costs on withdrawal of suit – Costs generally follow the event but court has discretion – Consideration of parties’ conduct and matters leading to litigation – Organizational plaintiff and internal leadership dispute may warrant each party bearing own costs.
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29 January 2009 |
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Where the original trial record is missing, the High Court ordered a retrial and preserved the disputed land’s status quo.
Appeal — Missing original trial record — Photocopies insufficient for disposal; retrial ordered by High Court; preservation of status quo of disputed land; jurisdictional issue unresolved without original pleadings; costs reserved for retrial.
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29 January 2009 |
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Appeal partly allowed to disallow unproven special damages; appellant failed to plead or prove compensation for property on the land.
* Civil procedure – appeal from magistrate's court – review of special damages – requirement of causal link between dispute and claimed expense.
* Evidence – special damages – burden to prove direct consequence and quantum of claims.
* Property law – eviction – compensation for improvements/fixtures – necessity to plead and prove counterclaim and values.
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29 January 2009 |
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Whether evidence and locus in quo observations justified equal division of disputed land between co-occupiers.
Land dispute – evidence of joint occupation and use – locus in quo observations (trees, graves, cultivation) corroborating oral testimony – division of land between co-occupiers – admissibility and weight of locus in quo evidence – costs where both parties partly successful.
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29 January 2009 |
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Whether the respondent is vicariously liable for damages caused by its soldier’s negligent driving.
Motor-vehicle negligence; vicarious liability of the State for soldier’s driving; proof and award of special and general damages; interest and costs.
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29 January 2009 |
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Unlawful arrest, torture and trespass — respondents held jointly liable for fertilizer value and general damages.
Tort — Unlawful arrest and detention; torture and degrading treatment; trespass during search; failure to prove alleged cash theft; conversion/loss of goods; assessment of general damages; interest and costs.
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29 January 2009 |
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Wrongful retirement found; plaintiff awarded acting allowance, lost salary, general damages and costs.
Labour law – wrongful termination/retirement; entitlement to acting allowance under Government Standing Orders; computation of lost salary to compulsory retirement under Pension Act; general damages for unlawful dismissal; failure of employer to rebut promotion-then-retirement inconsistency.
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29 January 2009 |
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Whether the High Court may appoint foreign applicants legal guardians when statutory intercountry adoption requirements are unmet, judged by children’s best interests.
* Children law – Intercountry adoption – Section 46 Children Act – residency and fostering requirements; * Legal guardianship – High Court jurisdiction to grant guardianship to foreign applicants; * Best interests of the child as guiding principle where statutory adoption requirements are not met; * Placement in non-approved children’s home not determinative where parent supports guardianship.
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28 January 2009 |
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Guardianship denied where care order arose from procedural anomalies and an unapproved home lacking lawful custody.
Children Act – care orders – requirement of approved home under section 56 – validity of care order obtained by unapproved institution; custody transfers – unlawful custody cannot be validly passed to non-resident applicants; procedural irregularities and jurisdictional anomalies in placement and care-order process.
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27 January 2009 |
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Court appointed foreign applicants as guardians despite unmet intercountry adoption conditions, applying the best‑interests test.
* Family law – Legal guardianship vs. intercountry adoption – Whether guardianship may be granted to foreign applicants who do not meet Section 46 Children Act adoption conditions; * Children’s welfare – applicability of best‑interests principle when statutory adoption route unavailable; * Jurisdiction – High Court’s power to appoint legal guardians in cross‑border cases (conflicted Court of Appeal authority).
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27 January 2009 |
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Court granted extension to register a company charge under s102 where delay was innocent and caused no prejudice.
Companies Act – registration of charges – s96 requirement to register within 42 days – s102 court’s power to extend time – extension granted where delay is innocent and causes no prejudice – ex parte application; no costs awarded.
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27 January 2009 |
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Plaintiff’s claim that land was family land and sale void for lack of spouse’s consent was dismissed; land not family land.
Family land – definition and residency requirement; spouse’s statutory consent under Land Act s.39; effect of court-sanctioned sale (consent judgment) on s.39 restriction; limits on cancelling registered title (RTA s.176) absent fraud.
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26 January 2009 |
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A public official’s statements accusing a judge of corruption were defamatory; plaintiff awarded damages and injunction.
Defamation (libel/slander) – identification and publication – meaning of words – defamatory tendency – assessment of damages – public official’s accountability for statements published in press; absence of defence and prior settlement with publisher affecting award.
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22 January 2009 |
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Applicants’ belated additional evidence application failed for lack of diligence, credibility and because execution rendered the appeal moot.
Civil procedure — Additional evidence on appeal — Semogerere criteria (diligence, relevance, credibility, probable influence, proof attached, delay); Competency of affidavit by third‑party witness; Raising new issues on appeal; Delay and completed execution rendering appeal academic/moot.
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19 January 2009 |
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One accused convicted of simple defilement of a 14-year-old; file transferred to Chief Magistrate under amendment Act.
* Criminal law – Defilement – conviction under section 129(1) Penal Code as amended by Act 8 of 2007 – admission of guilt and medical evidence establishing victim's age.* Children Act – Proceedings under Children (Family and Children Court) Rules – section 94 orders for child-protection disposition.* Procedure – Transfer of file to Chief Magistrate’s Court under section 6 Penal Code (Amendment) Act, 2007.* Interim custody – remand of co-accused pending further proceedings.
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18 January 2009 |
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An executor’s failure to exhibit statutory inventory and accounts warranted revocation of probate and grant to the beneficiaries.
Succession Act – s.278(1) – duty of executor to exhibit inventory within six months and render account within twelve months; Succession Act – s.234(1) and s.234(2)(e) – revocation of grant for wilful omission or untrue inventory/account; Executors’ breach of trust – dealings with estate and failure to account; Existence of other claimants does not excuse statutory obligations; Remedies: revocation of probate, regrant to beneficiaries, exhibition of accounts, transfer of title, payment of compensation, costs.
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8 January 2009 |
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7 January 2009 |
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Leave granted to seek judicial review challenging DPP/police prosecution decisions, alleged abuse of process and jurisdiction.
Judicial review — Leave to apply for certiorari and prohibition — Prima facie entitlement — Reviewability of DPP’s prosecutorial discretion and police decisions to prefer charges — Abuse of process and jurisdictional challenge — Stay of proceedings under Rule 4(10)(a) S.I. No.75/2003.
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6 January 2009 |