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Citation
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Judgment date
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| December 2020 |
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Circumstantial and canine evidence, without tendered exhibits or unbroken proof, cannot sustain a murder conviction.
* Criminal law – Murder – required ingredients: death, unlawfulness, malice aforethought, participation – proof beyond reasonable doubt.
* Criminal evidence – Circumstantial evidence – must form a complete, cogent and unbroken chain pointing to accused.
* Forensic/canine evidence – sniffer-dog evidence demands caution, proof of training/handler competence, scene preservation and corroboration.
* Evidence procedure – exhibits not tendered in court cannot be relied upon to convict; breaks chain of circumstantial proof.
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17 December 2020 |
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Armed security guard’s negligent shooting establishes employer vicarious liability; volenti, inevitable accident and contributory defences fail.
Torts – Negligence – Firearm handling: heightened standard of care for armed security; vicarious liability of employer for employee’s torts; defences considered: inevitable accident; volenti non fit injuria; contributory negligence — proof and limits; quantum of general and special damages in severe personal injury.
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14 December 2020 |
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Appellant failed to prove ownership or possession; respondent’s inheritance and possession findings upheld, appeal dismissed with costs.
Land law – ownership and possession – credibility findings – weight of oral evidence and locus visit; Sale document lacking vendor signatures – probative value; Trespass to land – actionable only by person in actual or constructive possession; Appellate review – powers to re-evaluate evidence and draw independent inferences.
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10 December 2020 |
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Appellant failed to prove authenticity of written sale; court upheld finding that only building materials were sold, not the land.
Property law – Kibanja/trespass – dispute whether sale was of house materials or land; Evidence Act – admissibility of secondary evidence (s.64) and burden to prove instrument (ss.101–102); handwriting expert evidence; appellate review of credibility.
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2 December 2020 |
| November 2020 |
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Circumstantial evidence and lack of autopsy created reasonable doubt; malice and participation not proved, accused acquitted.
Criminal law — Murder: ingredients of murder (death, unlawful act, malice aforethought, participation); Circumstantial evidence — must exclude all reasonable hypotheses of innocence; Proof beyond reasonable doubt — benefit of doubt to accused; Alternative cause (poisoning) and absence of autopsy may raise reasonable doubt; Delay and contradictions in evidence undermine culpability.
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30 November 2020 |
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26 November 2020 |
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2 November 2020 |
| October 2020 |
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5 October 2020 |
| September 2020 |
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30 September 2020 |
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28 September 2020 |
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17 September 2020 |
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8 September 2020 |
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A review application was dismissed where the grounds were already pending in a Court of Appeal proceeding.
Civil Procedure – Review of judgment – Pending appeal with common grounds – Application for review as disguised appeal – Order 46 Rule 1(2) of Civil Procedure Rules – Whether review is competent where grounds are before appellate court.
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4 September 2020 |
| August 2020 |
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Criminal law—plea of guilty—arson—sentencing principles—section 204(3) Magistrates Courts Act—extent or legality of sentence—deterrence and retribution—community protection—harshness and proportionality of sentence
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14 August 2020 |
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Appellant proved tenancy in common; court rejected unreliable forensic handwriting opinion and ordered rectification, mesne profits, damages and injunction.
Land law – Tenancy in common v joint tenancy – co-ownership may arise at different times; Evidence – Expert handwriting opinion – weight limited where based on photocopies, few/non-contemporaneous exemplars and undisclosed methods; Rectification of title – Registrar may be ordered to correct mistaken registration; Remedies – mesne profits, general damages, vacant possession and injunction for denial of access.
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14 August 2020 |
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Appellate court reduced a five-year sentence to three years for assault due to insufficient weight given to a guilty plea.
Criminal procedure – guilty plea – appeal limitation under s.204(3) Magistrates Courts Act – sentencing principles – maximum sentence reserved for worst cases – guilty plea as mitigating factor (one‑third discount guidance) – appellate interference where sentence illegal, founded on wrong principle, material factor not considered, or manifestly excessive.
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14 August 2020 |
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Failure to narrate facts to an accused renders a guilty plea equivocal and renders the conviction unlawful.
Criminal procedure — Plea-taking under section 124(1) Magistrates Courts Act — necessity to state substance and narrate facts before convicting on plea of guilty; equivocal and defective pleas; prosecutor's recital of "facts as per charge sheet" insufficient; legality of plea reviewable on first appeal.
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14 August 2020 |
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Appellants proven customary owners; respondent’s IDP-era occupation was a licence later becoming trespass, entitling appellants to possession and damages.
* Land law – customary tenure v communal use – proof required to show exclusive allocation under customary law; natural monuments prevail over inconsistent acreage estimates.
* Civil procedure – counterclaim abandonment – late abandonment may attract costs; court may dismiss.
* Possession – licence during emergency/IDP occupation does not convert to proprietary title; remaining after revocation is trespass.
* Remedies – declaration of title, vacant possession, injunction, general damages and mesne profits; interest and costs.
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14 August 2020 |
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Appellate court dismisses appeal, upholds locus findings and applies proprietary estoppel to validate respondent’s occupancy of northern parcel.
* Civil procedure — Grounds of appeal — Order 43 r (1) & (2) CPR — grounds must be concise, non‑argumentative; general/argumentative grounds struck out. * Evidence — Documents marked for identification must be formally exhibited and proved to be admissible or they remain unauthenticated hearsay. * Land law — Locus in quo — Practice Direction No.1 of 2007 — proper procedure for site visits and use of sketches. * Boundaries — Long continued occupation/acquiescence can establish a de facto boundary even without written record. * Equitable remedies — Proprietary estoppel — acquiescence and reliance may prevent owner asserting strict legal title.
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14 August 2020 |
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Threatening-violence conviction quashed where prosecution failed to prove imminence and intent to intimidate.
Criminal law – Threatening violence (s.81(a) Penal Code) – Elements: words or conduct, intent to intimidate, imminence and specificity of threat – Mental element inferred only where circumstantial evidence permits only one reasonable conclusion – First appellate court’s duty to reappraise evidence and draw independent inferences.
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14 August 2020 |
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Arson conviction upheld: specific intent proven; intoxication defence failed; custody confession inadmissible; appeal dismissed.
Criminal law – Arson (s.327(a)) – Elements: building belonging to another; destruction/damage by fire; wilful and unlawful setting; accused’s act. Identification evidence – reliability, alibi. Evidence law – inadmissibility of confessions made in police custody (s.23(1)(a)). Defences – intoxication and specific intent. Property law – retention as lien not a lawful excuse; intent to permanently deprive can be inferred.
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14 August 2020 |
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Registered title is presumptively indefeasible, but improper post-expiry grants and failure to follow public land procedures permit cancellation.
Land law; former public land — lease expiry, renewal vs extension — expired leases cannot be extended; Registration of Titles — indefeasibility vs fraud — fraud must be attributable to transferee and proved to a heightened civil standard; Locus in quo inspections — limited to testing court evidence; Public lands administration — District Land Board duties, public trust, notice and inspection, natural justice; Equitable protection for possessory occupants/tenants.
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14 August 2020 |
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Unauthorised entry proved but bona fide claim of right negated requisite intent for criminal trespass; convictions quashed.
* Criminal law – Criminal trespass (s.302 Penal Code) – elements: intentional entry, lack of authorisation, specific unlawful purpose (intent to commit offence or to intimidate/insult/annoy).
* Defences – Bona fide (honest) claim of right under s.7 Penal Code excludes criminal intention if sincerely held and not disproved by prosecution.
* Evidence – possession means de facto occupation; unauthorised physical entry proven by arrest and exhibits.
* Criminal procedure – first appellate court duty to reappraise evidence and reach independent conclusions.
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14 August 2020 |
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Appeal dismissed: Acholi customary intestacy vests estate undivided; co‑beneficiary sale void, limitation and procedural objections rejected.
Civil procedure – missing record of proceedings – appellate court may proceed with partial record if available material suffices; Appeal procedure – Order 43 r.1(2) – grounds of appeal must be concise, non‑argumentative; Limitation – Limitation Act sections 5 & 16 – actions to recover land subject to 12‑year period from adverse possession; Customary law – Acholi intestacy – estate vests undivided in beneficiaries (vested in possession), beneficiaries lack power to alienate until distribution; Sale – purchaser from co‑beneficiary without capacity acquires no valid title.
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14 August 2020 |
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Appellate court set aside trial subdivision and dismissed title claim, holding courts may not create new customary boundaries in title suits.
Civil procedure — locus in quo (Order 18 r.14): inspection limited to testing oral testimony; inadmissible fresh testimony at visit. Land law — customary boundaries: created by owners' intent and monuments; courts should not create new boundaries in title suits. Evidence — s.166 Evidence Act: improper admission may not vitiate judgment if remaining evidence suffices. Property — abandonment vs forfeiture: non-use and intent assessed separately. Appellate duty — re-evaluation of evidence and correction of misdirection, including unlawful subdivision.
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14 August 2020 |
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Appeal dismissed: prosecution failed to prove malicious damage or theft beyond reasonable doubt due to contradictions and insufficient proof.
Criminal law – Malicious damage to property – elements: ownership/possession, damage, wilfulness, unlawfulness, participation; Proof beyond reasonable doubt; Possessory interest of tenant; Evidence and contradictions – effect on prosecution case; Criminal procedure – first appeal duty to reappraise evidence; Theft – requirement to prove ownership/possession, wrongful taking and intention to permanently deprive.
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14 August 2020 |
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Death and careless driving proved by circumstantial evidence, but identity of the driver was not proved beyond reasonable doubt.
Criminal law – Causing death by careless use of motor vehicle; elements: death, causation, careless driving, identity of driver; circumstantial evidence and moral certainty; admissibility of extra‑judicial/confessional statements – compliance with Judges’ Rules/Evidence Act; appellate reappraisal on first appeal.
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14 August 2020 |
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Whether the respondents attempted murder; court convicted them of attempted murder but reduced grievous harm to actual bodily harm.
Criminal law – Attempted murder – elements: substantial/direct act, intention to kill, participation; self‑defence – burden remains on prosecution to disprove; Grievous harm – requires medical/clinical evidence to show permanent or likely permanent injury; Identification and common intention – daylight close‑range identification sufficient; First appellate duty – reappraise evidence and draw own inferences.
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14 August 2020 |
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Prosecution failed to prove forgery where the alleged forged document was not produced and essential elements remained unproven.
Criminal law – Forgery: essential ingredients (false document, intent to defraud, maker). Evidence – Best evidence/original writing rule; requirement to produce original or admissible secondary evidence. Criminal procedure – Prima facie case standard at close of prosecution. Identification – Document charged must be clearly identified and proved at trial.
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14 August 2020 |
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Whether trespass and malicious damage could be joined and whether prima facie cases existed against the respondents.
Criminal law – Criminal trespass and malicious damage – Joinder of offences – Prima facie case – Inference of intent from circumstantial evidence – Common intention doctrine.
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14 August 2020 |
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Whether prosecution proved stealing and theft where respondent claimed gifts and asserted an unlawful lien.
Criminal law – Stealing a motor vehicle – Elements of offence (possession/ownership; wrongful taking or conversion; intent to permanently deprive; taking/participation) – Distinction between stealing (includes conversion) and theft/embezzlement – Lien and right to retain employer property – First appellate duty to reappraise evidence – Importance of resolving material inconsistencies in property counts.
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14 August 2020 |
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Conviction for malicious damage upheld; magistrate’s suspension of imprisonment set aside as beyond its jurisdiction.
Criminal law – Malicious damage to property: elements— possession, damage, wilfulness, unlawfulness, participation; Evidence – first appellate court duty to reappraise and draw independent conclusions; Defence – bona fide claim of right; Sentence – suspension of custodial sentence; Jurisdiction – Magistrates’ Courts lack inherent power to suspend imprisonment; High Court’s inherent power to suspend sentences in deserving cases.
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14 August 2020 |
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First appellate court downgraded grievous harm to actual bodily harm and convicted the respondent on the lesser offence.
Criminal law – grievous harm vs actual bodily harm – proof of permanency and interference with health; unlawful causation; identification evidence and alibi; first appellate reappraisal of evidence; s.145 Magistrates Courts Act – conviction on lesser cognate offence.
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14 August 2020 |
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Production-sharing agreements are public documents; confidentiality clauses cannot defeat constitutional access to information.
Access to information; public documents – production-sharing agreements as government contracts; Article 41 Constitution and Access to Information Act; Evidence Act s.73; confidentiality clauses cannot override constitutional access right absent demonstrated prejudice to security/sovereignty or privacy.
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13 August 2020 |
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4 August 2020 |
| July 2020 |
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Court revoked an inoperative joint grant and issued a fresh grant to the applicant as sole administrator.
* Succession Act s234(2)(d) – revocation of inoperative letters of administration
* Estate administration – renunciation by co-administrator – effect on grant
* Procedure – revocation and regranting as sole method to remove an administrator’s name
* Proof – continuing administrator need not re-prove original grant matters (Gould v Gould)
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23 July 2020 |
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Court granted a limited injunction preventing sale or encumbrance of disputed land but permitted agricultural activity to continue.
Civil Procedure — Temporary injunctions — preservation of status quo — requirements: prima facie case, irreparable injury, balance of convenience; Agricultural use vs. alienation — mesne profits adequate remedy for use/occupation; Limited interlocutory relief restraining sale, transfer or encumbrance pending trial.
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23 July 2020 |
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23 July 2020 |
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Court allowed joinder of 401 clan members as plaintiffs where common occupancy questions and multiplicity of suits would arise.
Civil procedure — Joinder of parties — Order 1 r1 and Order 1 r10(2) CPR — Court's discretion to join multiple plaintiffs where common questions of law or fact exist — Avoidance of multiplicity of suits; Land — clan membership and rights of occupancy — representation in suit.
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23 July 2020 |
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Small claims court exceeded jurisdiction by deciding execution-related claim and awarding sums beyond the shs.10,000,000 limit; judgment set aside.
* Civil procedure – Revision under section 83 CPA – confined to jurisdictional error, illegality or material irregularity.
* Small claims – Pecuniary jurisdiction limited to shs.10,000,000 – awards beyond limit are nullities; conversion to ordinary suit required.
* Execution of decrees – Questions of execution, discharge or satisfaction fall exclusively to the executing court (s.34(1) CPA).
* Court bailiffs – Qualified judicial immunity for lawful acts in execution; personal liability only for illegal, negligent or oppressive conduct.
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23 July 2020 |
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Revision limited to jurisdictional defects; merits errors and unexplained delay do not justify revisional relief.
Civil procedure – Revision under section 83 CPA – Limited to jurisdictional, illegal or materially irregular exercise of jurisdiction – Not a substitute for appeal on merits; delay and execution may bar discretionary revision.
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23 July 2020 |
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23 July 2020 |
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A Taxing Officer may proceed without a pre-taxation meeting if parties give no sufficient reason; such proceedings are not necessarily ex-parte.
* Advocates Act s.62(1) – appeal from Taxing Officer – appeals by summons in chambers supported by affidavit (Reg.4).
* Taxation of costs – Regulation 13A (2018) – pre-taxation meeting; burden on parties to identify uncontested items.
* Civil procedure – ex-parte – meaning where opposing counsel appeared and objected; proceedings not necessarily ex-parte.
* Taxing Officer’s discretion – may proceed with taxation if parties fail to meet and give no sufficient reason.
* Procedural requirement – absence of certificate or taxation record renders challenge premature.
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23 July 2020 |
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Court granted an unconditional stay of execution pending appeal, relaxing procedural preconditions to prevent substantial hardship.
Civil Procedure – Stay of execution – Order 43 rules 1 and 4(3) – conditions: substantial loss, no unreasonable delay, security – notice of appeal ordinarily required – court may relax procedural preconditions in exceptional cases to secure substantive justice – stay granted to prevent irreparable loss.
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23 July 2020 |
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The applicant’s request to amend pleadings to reinstate a dismissed appeal was dismissed for failure to disclose proposed amendments.
* Civil procedure – Amendment of pleadings under Order 6 – Wide judicial discretion to allow amendments to determine the real questions in controversy. * Requirement to disclose content and relevance of proposed amendments so court can assess prejudice and utility. * Prejudice compensable by costs is not an injustice; multiplicity of proceedings to be avoided. * Inability to amend an application already dismissed where no legal or factual foundation is shown.
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23 July 2020 |
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Revision confined to jurisdictional defects; procedural irregularity (reference vs appeal) did not vitiate LC decisions, application dismissed.
Civil procedure — Revision under section 83 CPA — limited to jurisdictional errors; Local Council Courts — distinction between mediation and judicial proceedings; Village L.C.I jurisdiction over customary land disputes; Appeal versus reference — procedural irregularity that does not vitiate decision absent miscarriage of justice; Waiver of procedural defects by proceeding on the merits.
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23 July 2020 |
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Court granted extension to file appeal where counsel's inadvertent error, not the litigant's conduct, caused delay.
* Civil procedure – Enlargement of time to appeal – Discretionary relief requiring "good cause" or "sufficient reason"; factors include delay, prejudice, and merits of appeal.
* Advocacy error – Mistakes or lapses by counsel may constitute sufficient reason where the litigant instructed counsel in time and did not contribute to delay.
* Land disputes – Courts are generally inclined to allow extensions to determine disputes on merits unless there is inordinate delay or prejudice.
* Access to justice vs finality – Court must balance substantive justice against the need for finality of litigation.
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23 July 2020 |
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An arbitral award based on a unilateral, improperly constituted appointment and defective notice is unenforceable and set aside.
Arbitration — consensual nature of arbitration agreements — constitution of arbitral tribunal — unilateral appointment of arbitrator; Arbitration and Conciliation Act ss.11(2)(b), 11(3)(b), 24(5), 34(2) — notice and hearing — natural justice (audi alteram partem) — ineffectiveness of arbitration notice — setting aside and unenforceability of award.
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23 July 2020 |
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Plaintiff proved the defendant fraudulently registered estate land; title was declared tainted, cancelled and remedies awarded.
Succession and land law – validity of wills – acquisition of land (purchase, gift, inheritance) – registration of title tainted by fraud – Section 176(3) RTA – burden and standard of proof in civil fraud allegations – remedies: cancellation/rectification of title, declaratory relief, injunction, damages and costs.
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17 July 2020 |
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17 July 2020 |