|
Citation
|
Judgment date
|
| October 2012 |
|
|
Murder proved but accused acquitted because single-witness identification in dark, frightening conditions was unreliable and uncorroborated.
Criminal law – Murder and attempted murder; proof of unlawful killing and malice aforethought; visual identification – single witness reliability; need for corroboration in difficult conditions; doctrine of common intention; burden of proof beyond reasonable doubt.
|
30 October 2012 |
|
Court convicted the first accused for aggravated robbery on reliable identification; co‑accused acquitted for insufficient evidence.
* Criminal law – Aggravated robbery – elements: theft plus use or threat of deadly weapon or actual violence; proof beyond reasonable doubt required. * Criminal evidence – Identification – reliability of contemporaneous identification, corroboration by independent witness, and weight of inconsistent initial police statements. * Criminal procedure – Alibi – prosecution duty to disprove alibi by independent evidence. * Sentencing – balancing aggravating factors (victim’s age, viciousness, prevalence of the crime) and mitigating factors (first offender, remand time).
|
29 October 2012 |
|
Applicant entitled to join respondents as co-defendants to avoid multiplicity; substantive defences reserved for the main suit.
* Civil procedure – Joinder of parties – Order 1 rule 3 CPR – Necessary parties where rights arise from same transaction and multiplicity of suits to be avoided.
* Civil procedure – Joinder stage procedure – merits and defences (bona fide purchase, alternative access) not to be decided at joinder stage.
* Res judicata/privity – Consent judgment in another suit not binding where applicant was not a party.
* Land – successors in title and municipal approval relevant to joinder but for substantive determination in main suit.
|
25 October 2012 |
|
Applicant failed to show judicial recovery from the registered proprietor; vesting order under section 77 RTA was refused.
* Land law – Registration of Titles – Vesting orders – Section 77 RTA contingent on recovery of land by proceedings from registered proprietor.
* Civil procedure – ex parte hearings – defendants’ failure to file defence does not displace applicant’s burden to prove case on balance of probabilities.
* Abuse of process – seeking transfer of registered title absent judicial recovery.
|
25 October 2012 |
|
Omission to name who drew an affidavit is a curable technicality; court may order correction and costs.
Affidavits – Formalities – omission to state who drew affidavit; Preliminary objection – technical defects; Article 126(e) Constitution – court’s power to cure irregularities and order costs; Authorities: Sagu v Roadmaster Cycles; Kebirungi Justine v Road Trainers.
|
25 October 2012 |
|
Appellants had long-standing kibanja rights on clan land; respondent trespassed and was not a bona fide occupant, injunction and damages granted.
Land law – kibanja/user rights on clan (mailo) land – proof by long occupation and wills; Trespass – elements and remedies where user-rights exist; Bona fide occupant – definition under s.29(2) Land Act and statutory 12-year rule; Civil procedure – appellate powers to reframe issues (s.80 CPA) and to determine trespass on record; Locus in quo – role in encroachment disputes; Judgment formalities – signing by different magistrate irregular but not necessarily prejudicial.
|
25 October 2012 |
|
Applicant entitled to restoration of leasehold encumbrance after registrar unlawfully endorsed "surrendered" and failed to justify or correct it.
* Land law – registration – rectification of register – removal of encumbrance and endorsement "surrendered" without instrument number or consent. * Powers of Registrar – section 91(2) Land Act and section 182 Registration of Titles Act – duty to correct erroneous entries. * Procedure – ex parte relief where respondent is served but does not file affidavit or appear; uncontroverted affidavit evidence deemed admitted.
|
25 October 2012 |
|
An appellate court may admit a newly discovered certificate of title when it was unavailable at trial and is relevant to the appeal.
Civil procedure – Appeal – Admission of additional evidence on appeal; Section 80(1)(d) Civil Procedure Act; Order 43 r.22 CPR; Exceptional circumstances – evidence not available at trial; Relevance and credibility of newly discovered documents (certificate of title); Effect of registered title on bona fide purchaser finding.
|
18 October 2012 |
|
Whether an original boundary agreement and locus evidence prevail over a later sketch in a land trespass dispute.
Land law – boundary dispute – original sale agreement (Exp.1) vs later sketch (Exd.1) – evidentiary weight; locus in quo evidence and tampering with boundary marks (kokowe tree); appellate review of factual findings.
|
18 October 2012 |
|
Affidavits sworn by unauthorized non‑parties are incompetent; unchallenged applicant's facts led to the application being allowed.
Civil Procedure – Order 3 and Order 19 CPR – competence of deponents to swear affidavits – recognized agent, advocate or holder of power of attorney required – affidavits by clerk/process server or non‑party defendant incompetent – unchallenged affidavit facts accepted.
|
18 October 2012 |
|
Civil Procedure|Appeals and reviews|Land
|
18 October 2012 |
|
Illegal eviction entitled the plaintiff to general damages; claimed special damages failed for lack of strict proof.
* Civil torts – unlawful eviction and removal of goods – evidence of forcible entry and removal; * Damages – distinction between special and general damages; special damages must be specifically pleaded and strictly proved; * Liability – resident/in-charge owner held liable; capacity to sue or be sued.
|
12 October 2012 |
|
Discontinuance rendered prerogative reliefs moot; applicants awarded general damages for prolonged prosecution and abuse of process.
* Constitutional law – Right to fair and speedy trial (Article 28(1)) – Prolonged delay in prosecution as abuse of court process
* Judicial review – Damages under Rule 8 of the Judicature (Judicial Review) Rules 2009 – Claim must be pleaded and actionable
* Criminal procedure – Effect of discontinuance on prerogative remedies (certiorari/prohibition)
* Damages – Rejection of speculative future-earnings calculations; award of general damages
|
5 October 2012 |
|
The court declared that manufacture, distribution and use of plastic bags violate citizens' right to a clean and healthy environment.
* Environmental law – plastics/polythene – whether manufacture, distribution, use and disposal infringes citizens' constitutional right to a clean and healthy environment
* Constitutional duty – Parliament and authorities must enact measures to protect and preserve the environment (Article 245)
* Remedies – declaration of violation granted; detailed bans, regulations and restoration orders left to legislation and regulatory agencies
* Judicial restraint – courts may declare rights infringed but defer specific regulatory or legislative remedies to the competent authorities
* Polluter-pays principle referenced as an established environmental management principle under the statutory scheme
|
5 October 2012 |
|
Recorded radio allegations of serious crimes were malicious libel; plaintiff awarded damages, injunction and costs.
* Defamation – radio broadcast – recorded live broadcast constituted libel where defamatory words were recorded on CDs/tapes and widely transmitted.
* Defamation – justification/fair comment – defence of fair comment fails where factual imputations are not proved true; comments imputing criminality require proof.
* Malice – failure to apologize and failure to justify statements may be evidence of malice.
* Remedies – award of substantial general damages, permanent injunction and costs with interest where libelous allegations of serious crimes are unproven.
|
2 October 2012 |
|
High Court sets aside the trial court's decision due to improper locus in quo procedure and reliance on hearsay evidence.
Civil procedure – locus in quo – improper procedure – reliance on hearsay evidence – land dispute
|
2 October 2012 |