|
Citation
|
Judgment date
|
| March 2012 |
|
|
Ministerial dissolution of the National Drug Authority Board held ultra vires and set aside for want of statutory power.
Administrative law – statutory bodies – ultra vires actions – Ministerial powers of appointment and removal – National Drug Authority Act – judicial review – illegality – procedural impropriety.
|
29 March 2012 |
|
Minister lacked statutory power to dissolve the National Drug Authority; the purported dissolution and reappointments were ultra vires.
Administrative law – judicial review for illegality – ultra vires executive action; Statutory interpretation of National Drug Policy and Authority Act s.3 – limits on Ministerial power to dissolve authority; Appointment/removal of statutory appointees; Validity of subsequent interim appointments; Natural justice and justiciability of alleged dismissal.
|
29 March 2012 |
|
First and second appellants acquitted of embezzlement for lack of proof; third appellant convicted; other convictions and orders for financial loss and abuse of office upheld.
Criminal law – Embezzlement – elements: conversion/theft and access by virtue of employment – necessity of independent evidence of common intention for joint embezzlement. Anti‑Corruption Act – causing financial loss and abuse of office – omissions, procedural irregularities and accountability. Criminal appeal – first appellate tribunal re‑evaluating evidence and making findings of acquittal where ingredients of offence not proved.
|
28 March 2012 |
|
Applicant’s delayed challenge and insufficient evidence failed to establish fraudulent land transfers; suit dismissed without costs.
Land law – transfer and registration – whether a sale agreement confers title to specific subdivided plots – interpretation of sale agreement regarding Plot 333 only. Evidence – fraud – whether use of a single transfer form and alleged opportunism during vendor’s illness establish fraudulent registration. Procedure – delay and non-joinder of subsequent transferees/third parties affect relief and judicial efficacy.
|
27 March 2012 |
|
Earlier registered lease prevails; titles procured by fraud are void and cancelled, with damages and lease extension ordered.
Land law – Registration of Titles Act – priority of title – earlier registered lease prevails under s.59; later title voidable if procured by fraud under s.77. Land law – Fraud in land registration – procurement of certificates by dishonest dealing; fraud must be proved to a strict civil standard. Remedies – cancellation of certificates of title procured by fraud; completion of lawful lease extension; awards of general and exemplary damages; refusal of unproven special damages and mesne profits.
|
23 March 2012 |
|
Lessor entitled to forfeiture, cancellation and eviction where lease was transferred without consent and rent unpaid.
Land law – mailo proprietorship and leasehold – lessor’s title as conclusive evidence; transfer of lease without lessor’s written consent breaches lease covenants and is unlawful; implied covenants to pay reserved rent under Registration of Titles Act; remedies include forfeiture/re-entry, cancellation of registration, eviction, damages, costs and interest.
|
23 March 2012 |
|
Electronic evidence and a corroborated retracted confession proved the accused caused financial loss to his employer.
Anti‑corruption – Causing financial loss – Proof requires employer relationship, act/omission by employee knowing or having reason to believe it would cause loss, and resultant loss. Electronic evidence – Emails, gateway files and computer printouts admissible if properly handled and linked to the accused under the Electronic Transactions Act. Confession – Retracted extra‑judicial confession may be acted upon if corroborated and judge is satisfied of its truth. Sufficiency of proof – Absence of audited loss figures does not preclude conviction where specific transactions and bank statements show diversion of funds.
|
23 March 2012 |
|
Agreed ownership and corroborative evidence established respondents' trespass claim; trial court's verdict upheld and appeal dismissed with costs.
Land law – trespass – agreed ownership at scheduling – cause of action; Possession – constructive/actual possession of vacant land may be slight; Evidence – appellate re-evaluation of credibility and onus; Police corroboration of trespass; Appeal dismissed and lower court decision upheld.
|
23 March 2012 |
|
Registered proprietor retains title; local authority was a licensee by invitation, not a lawful occupant, and eviction requires compensation.
Land law – licensee by invitation v lawful/bona fide occupant under s.29 Land Act; management agreement does not confer proprietary title; proprietary estoppel and equitable relief; eviction versus compensation by valuation.
|
22 March 2012 |
|
Accused convicted of aggravated defilement of an 11‑year‑old; medical and eyewitness evidence led to a 14‑year sentence.
Penal law – Aggravated defilement – Elements: victim under 14 years, sexual penetration, identity of perpetrator – Proof by medical and eyewitness evidence. Evidence – Medical examination (broken hymen) corroborating victim’s testimony – weight of identification evidence despite minor inconsistencies. Sentencing – Consideration of first offender status, time on remand, seriousness of offence and deterrence; custodial sentence imposed.
|
22 March 2012 |
|
Custodial torture leading to detainee’s death: two officers convicted of murder, driver accessory, one acquitted.
Criminal law – Murder in custody – Custodial torture and death – Post-mortem evidence supporting unlawful killing and inference of malice aforethought – Liability of officer in charge for detainee’s injuries – Accessory after the fact conviction for driver – Acquittal where absence from scene is proven.
|
20 March 2012 |
|
Victim’s sworn child testimony and circumstantial evidence established aggravated defilement beyond reasonable doubt.
Criminal law – aggravated defilement – proof of age of victim; child evidence given on oath; requirement (or not) of corroboration; single identification evidence – need for caution; circumstantial evidence as alternative basis for conviction; sections 129(3),(4)(a) Penal Code; s.40(3) Trial on Indictment Act.
|
19 March 2012 |
|
Mandamus was refused as premature pending a demand for revised taxed costs; reapplication allowed if payment not made by year-end.
• Administrative law – Mandamus – Discretionary remedy – Preconditions: clear legal right and absence of adequate alternative remedy. • Government Proceedings Act s.19(3) – duty to satisfy court awards and effect of taxation/revision of costs. • Enforcement – Taxation or dispute over costs may render a decretal figure uncertain; applicant should demand revised amount before seeking mandamus. • Procedure – Prematurity of enforcement where no demand issued after revision; leave to reapply if payment not made within financial year.
|
16 March 2012 |
|
The court invalidated a property sale from an estate due to lack of beneficiaries' consent, revoking the administrator's authority.
Succession law – Administration of estates – Sale of estate property without beneficiaries' consent – Bona fide purchaser – Breach of fiduciary duty by an administrator.
|
14 March 2012 |
|
Court found fraudulent registration justifying cancellation and re-registration in rightful owner's estate.
Land Law – Fraudulent Registration – Ownership of land under intestate succession – Cancellation of registration due to fraud.
|
14 March 2012 |
|
An LC II court exceeded jurisdiction and breached fair-trial procedures; proceedings set aside and retrial ordered.
Local Council courts – jurisdiction; fair hearing – requirement to record proceedings and evidence; reasoned judgments; ex parte proceedings and service; setting aside for gross procedural irregularity; retrial before Magistrate Grade I with status quo preserved.
|
13 March 2012 |
|
No valid LC II judgment existed; executions based on it were illegal and must be set aside; parties may refile before a Grade One Magistrate.
Local Council (LC) procedure – requirement for written judgment and signed dated proceedings – proof of service prerequisite to ex‑parte hearing – secondary evidence insufficient – executions based on non‑existent judgment unlawful – matter to be refiled before Grade One Magistrate.
|
13 March 2012 |
|
Whether the applicant proved ownership of the larger parcel or was only a licensee of a small allocated plot.
Land law – allocation of market plots – requirement to prove dimensions and title to claimed kibanja. Evidence – probative value of allocation letters and witness evidence as to plot size. Procedure – locus in quo visits: evidence must be sworn and subject to cross-examination; irregularities may be harmless if outcome unaffected. Occupation – exceeding allocated boundaries without authority constitutes trespass; occupant treated as licensee.
|
13 March 2012 |
|
Court may remit an arbitral award to the tribunal for clarification and reconsideration to remove grounds for setting aside.
Arbitration – functus officio – court powers under Arbitration and Conciliation Act s.34(4) – remittal of award for reconsideration – misnomer in party names – counterclaim not fully addressed by arbitrator – correction of substantive errors versus clerical errors – time limits for correction versus remittal – judicial discretion to remit for clarification or correction.
|
13 March 2012 |
|
A boarding school’s duty of care is limited and does not cover unforeseeable injuries after a student illegally absconds.
Education law – boarding school duty of care – scope and limits; foreseeability of risk; liability for acts after unauthorized absence. Negligence – causation – requirement to prove defendant’s act/omission was a reasonably foreseeable cause of injury. Evidence – circumstantial proof of student’s involvement in unlawful activity away from school negates school liability.
|
13 March 2012 |
|
A company is bound by a contract entered through its director; ostoppel prevents denial of the company’s locus.
Contract law; corporate personality; agency — director as directing mind; ostensible authority and estoppel; company bound by acts of its officers; burden of proof on balance of probabilities.
|
9 March 2012 |
|
The accused convicted of aggravated robbery on eyewitness ID, confession and recovery of stolen property; sentenced to 17 years.
Criminal law – Aggravated robbery – elements: theft (asportation), use/threat of violence, use of deadly weapon, participation of accused. Identification evidence – single eyewitness at night corroborated by recovery of stolen property and keys. Admission/charge-and-caution statement and accused leading police to exhibits as corroboration. Medical evidence of grievous harm; weapon recovery. Sentence – balancing aggravating factors (serious injury, breach of trust) and mitigation (first offender, remand).
|
9 March 2012 |
|
Reinstatement of dismissed application denied due to proper service on advocates and repeated non-attendance.
Civil Procedure – non-attendance – reinstatement of suit – service of hearing notice on advocates – abuse of process.
|
7 March 2012 |
|
A temporary injunction was granted to preserve land and restrain dealings pending resolution of the main suit over property rights.
Civil procedure – Temporary injunctions – Requirements for grant – Existence of triable issues – Irreparable damage – Preservation of status quo – Striking out of affidavit for non-attendance.
|
6 March 2012 |
|
A magistrate’s unrecorded, jurisdictionally defective order was set aside and status quo restored pending proper adjudication.
Revision — procedural irregularity; absence of points of determination, evidence or reasons — jurisdiction to affect pending LC III proceedings — setting aside irregular orders and execution; status quo maintained.
|
6 March 2012 |
|
No-case-to-answer upheld for one accused; two others put to defence for murder due to active beating and commanding omission.
Criminal law – Murder – No-case-to-answer – sufficiency of evidence to establish prima facie case; omission and command responsibility – liability under s.19(1)(b) and s.20 Penal Code Act; common purpose and circumstantial inference; police officers’ liability for omissions enabling fatal assault.
|
5 March 2012 |
|
Undated affidavits under the Oaths Act are curable; dismissal of the election petition for that technicality was erroneous.
Oaths Act s.6 – directory not mandatory; 'shall' not invariably mandatory Affidavits – undated affidavits are curable: may be dated in court or re-sworn Court record – documents on file are authoritative for proceedings and appeals Election petitions – dismissal for a curable affidavit defect is inappropriate; expungement is proper remedy Procedural fairness – trial court must not grant relief not prayed for
|
2 March 2012 |