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Citation
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Judgment date
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| 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 |
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17 July 2020 |
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Plaintiff's poor workmanship and failure to manage stormwater caused wall collapse; defendant awarded partial restitution.
Tort – Negligence – Building collapse – duty of care in construction and drainage management; poor workmanship and inadequate drainage can constitute primary cause of collapse; excavation on adjoining land not liable where works complied with approvals and safe distances; contributory negligence and partial restitution in joint venture context.
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17 July 2020 |
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15 July 2020 |
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Court accepted a plea bargain in aggravated defilement by an HIV‑positive accused, imposing 14 years 10 months’ imprisonment after remand credit.
Criminal law – Aggravated defilement – Offender HIV‑positive – Victim under 12 – Sentencing under Constitution (Sentencing Guidelines) (Practice) Directions, 2013. Plea bargaining – validity and effect of plea agreement and guilty plea on conviction and sentence. Sentencing principles – starting point for capital offences, mitigation for guilty plea (one‑third discount guidance), and credit for time on remand.
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10 July 2020 |
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Court accepted plea bargain, amended indictment, convicted the applicant of aggravated robbery and imposed 10 years 9 months plus compensation.
Criminal procedure — Amendment of indictment — Section 50, The Trial in Indictments Act — defects of form vs substance; amendment permissible where no injustice. Plea agreements — admission into court record and effect on conviction. Sentencing — aggravated robbery (deadly weapon) — application of sentencing guidelines; starting point; discount for guilty plea (one‑third guidance). Remand credit — Article 23(8) Constitution and Regulation 15(2) Sentencing Guidelines. Compensation — section 286(4) Penal Code Act — requirement of evidence of loss and order for restitution where admitted.
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10 July 2020 |
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Court accepted plea bargain and sentenced the accused for aggravated defilement to 11 years 7 months after remand credit.
Criminal law – Aggravated defilement (s.129(3) & (4)(a) Penal Code) – Plea bargaining – Sentencing: application of Sentencing Guidelines; remission of remand time; appropriate reductions for guilty plea.
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10 July 2020 |
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Court accepted accused’s plea bargain and imposed eight years nine months’ imprisonment after remand credit.
Criminal law – Aggravated defilement (s.129(3),(4)(a)) – Plea bargain – Sentencing guidelines – starting point and guilty plea discount – death and life imprisonment thresholds – remand credit.
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10 July 2020 |
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Convicted on plea of aggravated defilement; court accepted plea agreement and discharged accused for time served after considering victim impact.
Criminal law – Aggravated defilement (s129(3), (4)(b)) – Plea bargaining – Sentencing guidelines – guilty plea discount – set off of remand time – victim impact and restorative justice informing sentence reduction to time served.
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10 July 2020 |
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Accused convicted on plea of aggravated defilement; court accepted plea agreement and sentenced to 16 years 1 month after remand credit.
Criminal law – Aggravated defilement (s.129(3) & (4)(a)) – conviction on plea of guilty; medical evidence corroboration. Sentencing – capital offences – application of Sentencing Guidelines; starting point 30–35 years; guilty plea discount (one‑third) and acceptance of plea agreement. Sentencing – remission – credit for time spent on remand awarded (1 year 11 months).
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10 July 2020 |
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Court accepted plea agreement and sentenced the accused for aggravated defilement to five years three months' imprisonment after remand credit.
Criminal law – Aggravated defilement (s.129(3),(4)(a)) – Sentencing guidelines – death and life imprisonment reserved for extreme circumstances – starting point 15–20 years – guilty plea discount – plea agreement accepted – remand credit applied.
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10 July 2020 |
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Accused pleads guilty to aggravated defilement of a 10‑year‑old; court accepts plea agreement and sentences ten years eight months.
Criminal law – Aggravated defilement of a child – Plea bargain – Sentencing guidelines – Starting point and reduction for guilty plea – Remand credit.
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10 July 2020 |
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Court accepted plea agreement: 15‑year term for aggravated defilement reduced to 13 years 4 months after remand set‑off.
Criminal law – Aggravated defilement (s.129(3),(4)(b) Penal Code) – sentencing principles and ranges under the Constitution (Sentencing Guidelines). Capital and life sentences – reserved for extreme or life‑threatening circumstances; not appropriate absent such gravity. Plea bargains – court may accept agreed sentence; guilty plea may attract substantial discount (one‑third as guide). Remand time – period on remand must be set off against the sentence.
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10 July 2020 |
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Court accepted guilty plea and plea agreement, applied sentencing guidelines, and sentenced accused to 15 years 3 months after remand credit.
Criminal law – Murder – plea of guilty – acceptance of plea agreement as basis for conviction and sentence. Sentencing – application of Constitution (Sentencing Guidelines) – starting range for non‑capital murder (20–30 years). Sentencing – mitigation for guilty pleas – discretionary discount (one‑third guidance). Sentencing – credit for time on remand (set off under Article 23(8)).
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10 July 2020 |
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Where age is ambiguous, courts must give the accused the benefit of the doubt and apply child sentencing limits.
Criminal law – Aggravated defilement – Age determination under the Children Act – Reliability and limits of dental/medical (and X‑ray) evidence – Benefit of doubt and construing ambiguities in favour of the accused – Sentencing a child for an offence punishable by death for adults – Deduction of remand time under Constitution and Sentencing Guidelines.
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10 July 2020 |
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Court accepts plea bargain and sentences accused for aggravated defilement to 10 years 5 months after remand set‑off.
Criminal law — Aggravated defilement; conviction on plea of guilty supported by medical evidence of injury and victim's age. Sentencing — Death and life imprisonment reserved for extreme cases; application of Sentencing Guidelines and current practice. Sentencing — starting point and range for capital offences; guilty plea discount (one‑third applied as guidance). Plea bargaining — court may accept negotiated sentence where appropriate. Remand — period on remand to be set off from imposed sentence under constitutional and guideline provisions.
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10 July 2020 |
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Accused convicted on guilty plea of aggravated defilement and sentenced to 12 years 7 months after plea discount and remand credit.
Criminal law – Aggravated defilement – Plea bargaining and guilty plea – Sentencing under Sentencing Guidelines – death penalty and life imprisonment reserved for extreme cases – mitigation for plea of guilty – remand credit.
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10 July 2020 |
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Court accepted plea agreement, applied sentencing guidelines and plea discount, and credited remand in aggravated defilement sentence.
Criminal law – Aggravated defilement – sentencing under s.129(3) and (4)(b) – application of Constitutional sentencing guidelines; guilty plea discount; remand credit; appropriateness of death or life sentences where victim is a child and offender HIV‑positive.
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10 July 2020 |
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Court accepted plea bargain and sentenced the accused to 14 years 2 months for aggravated defilement, with remand credited.
Criminal law – Aggravated defilement – Plea bargaining – Acceptance of negotiated plea and conviction on plea of guilty. Sentencing – Capital offence sentencing guidelines – starting point for aggravated defilement; death and life sentences reserved for extreme cases. Sentencing – Mitigation for guilty plea (one‑third discount as guideline) and credit for time on remand (set‑off under Article 23(9)).
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9 July 2020 |
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Where an accused’s age is doubtful, courts give the benefit of doubt, apply juvenile sentencing rules, and may discharge for time served.
Criminal procedure – Age determination under the Children Act; medical and dental evidence not conclusive; benefit of doubt to accused; remand time deducted and may result in discharge as time served; sentencing of juveniles limited to statutory maxima.
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9 July 2020 |
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A vague, poorly drafted injunction cannot support a contempt finding; applicant must extract and serve a clear certified order.
Contempt of court — civil contempt for disobedience to injunction; clarity and precision of court orders required to found contempt; service and certified extraction of orders; maintenance of status quo pending further process.
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8 July 2020 |
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Accused convicted on guilty plea for murder; court applied sentencing guidelines, credited guilty plea, and set off remand, sentencing to 16 years.
Criminal law – Murder – Plea of guilty – Acceptance of plea agreement – Sentencing. Sentencing – Sentencing guidelines – starting point for murder (30–35 years) – discount for guilty plea (one-third). Sentencing – Setting off remand time under Article 23(8) and sentencing regulations.
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8 July 2020 |
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Accused pleads guilty to murder; court accepts plea bargain and sentences to 17 years 5 months after remand deduction.
Criminal law – Murder (Penal Code ss.188,189) – guilty plea via plea agreement – sentencing under Constitution (Sentencing Guidelines) 2013. Sentencing – starting range for non-capital murder (30–35 years) – plea discount (one-third) – mitigation and aggravation weighing. Remand credit – deduction under Article 23(8) and Regulation 15(2) – calculation applied.
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8 July 2020 |
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Court accepted plea bargains and sentenced each accused to 20 years 7 months imprisonment for murder.
Criminal law – Plea bargains and guilty pleas – acceptance of plea agreements; Sentencing – non-capital murder starting ranges under Sentencing Guidelines; discount for early guilty plea (one-third reduction guidance); aggravating and mitigating factors in murder sentencing; deduction of remand time under Article 23(8).
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8 July 2020 |
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Court accepted guilty plea to murder, applied sentencing guidelines, granted plea discount and set off remand, sentencing 18 years 1 month.
Criminal law – Murder (Penal Code ss. 188, 189) – guilty plea and plea agreement accepted – sentence following non-capital guidelines. Sentencing – application of Constitution (Sentencing Guidelines) Practice Directions 2013 – starting range 30–35 years for non-capital murder. Sentencing mitigation – credit for guilty plea (one-third discount) and other personal mitigation; aggravating factors: prolonged assault and vigilante action. Procedure – remand time set off under Article 23(8) of the Constitution and relevant regulations.
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8 July 2020 |
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Court accepted plea bargain for murder and sentenced the accused to 17 years 8 months after remand set‑off.
Criminal law – Murder – Plea bargaining – acceptance of guilty plea and recording of conviction; Sentencing – application of Sentencing Guidelines for capital offences; starting point and range; Sentencing – discount for plea of guilty (one‑third reduction as guide); Remand – setting off time spent on remand against imposed sentence; Aggravating and mitigating factors considered in sentencing.
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8 July 2020 |
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Adult children occupying their father’s house as licencees cannot claim matrimonial or family property rights without legal marriage or proof.
Land law – family/matrimonial property – necessity of legally recognized marriage or proven contribution for matrimonial property claims. Occupation vs ownership – licencees occupying parental property acquire no proprietary interest; revocable and non-assignable. Section 39 Land Act – security of occupancy only for proven family property or dependent children. Burden of proof – Section 101 Evidence Act: claimant must prove interest on balance of probabilities. Eviction – refusal to vacate after withdrawal of consent converts occupancy into trespass.
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6 July 2020 |