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Citation
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Judgment date
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| February 2021 |
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Continuing trespass and pleaded fraud saved the land claim from limitation; magistrate’s title‑cancellation order set aside for High Court consideration.
Land law – Recovery and trespass – continuing tort and limitation; Fraud and unregistered interests; Bona fide purchaser protection; Magistrate’s jurisdictional limits versus High Court powers under s.177 RTA; Damages and proper rate of interest.
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25 February 2021 |
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An application served outside the statutory time under Order 5 CPR is incurably defective and will be dismissed.
Civil procedure – Order 5 CPR – Mandatory service periods – Service of summons, motions and interlocutory applications must be within 21 days or extension sought – Service outside time without extension deprives Court of jurisdiction – Application dismissed.
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17 February 2021 |
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Consent-order days counted exclusive of the order date; late default judgment and execution set aside, sale void.
Civil procedure — Default judgment — Setting aside — Consent order allowing out-of-time defence — Computation of days under Order 51 r.8 CPR — Registrar’s powers in execution and vesting orders over registered land — Validity of sale after irregular execution.
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17 February 2021 |
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Presence at a crime scene without proved participation or common intention is insufficient for conviction of robbery and attempted murder.
* Criminal law – aggravated robbery – elements: theft, use of force/violence, use of deadly weapon, participation and common intention.
* Criminal law – attempted murder – unlawful intention to cause death and overt act manifesting that intention – inference from repeated stabbing.
* Evidence – identification, arrest circumstances and caution statements – presence at scene insufficient absent proof of participation or common intention.
* Criminal procedure – retracted caution statement admissible after trial‑within‑a‑trial; still requires corroboration for conviction.
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12 February 2021 |
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Long unchallenged occupation can establish bonafide occupancy, but encroachment and nonpayment of ground rent justify eviction and costs.
Land law – Registered land – Bonafide occupant under s.29(2) Land Act; requirement of 12 years’ unchallenged occupation; kibanja rights and inheritance; nonpayment of ground rent (busuulu) and eviction; appellate re-appraisal of factual findings.
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10 February 2021 |
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8 February 2021 |
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A suit filed in a court lacking jurisdiction is a nullity and cannot be validly transferred to the High Court.
Civil procedure – jurisdiction – Magistrates Courts’ pecuniary limits – security for costs and affidavits as evidence of claim value – transfer under section 18 Civil Procedure Act – suit filed in a court without jurisdiction is a nullity and cannot be validly transferred.
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5 February 2021 |
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Court rectified a grant to correct the deceased’s name under Section 232 to enable estate land registration.
Succession Act s.232 – Rectification of grant – Correction of deceased’s name on Letters of Administration – Use of death certificate and certificate of title as evidence – Land registrar’s refusal to register administrators remedied by amended grant.
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4 February 2021 |
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The accused was convicted of aggravated defilement on corroborated child testimony, medical evidence, and reliable eyewitness identification.
Criminal law – aggravated defilement; proof of age by birth certificate; sexual act/penetration proven by child testimony and medical PF3A; unsworn child evidence admissible with caution and requires corroboration; identification in daylight by familiar witnesses; flight and inconsistent defence statements as corroboration.
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4 February 2021 |
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Recount applications are discretionary and require cogent direct evidence; hearsay and unsigned allegations do not justify recounts.
Election law – Recount and scrutiny of ballot papers – Discretionary nature of recounts under section 55(1) PEA – Requirement for cogent, non-hearsay evidence to justify recount – Significance of signed DR forms and permissible multiple handwriting – Costs and security for costs under sections 55(3) and 56(2) PEA.
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2 February 2021 |
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Stay pending appeal refused where applicant failed to show substantial loss and did not provide security.
* Civil procedure – Stay of execution pending appeal – Order 43 rr 4(3) CPR requirements: substantial loss, no unreasonable delay, security for due performance – mandatory conditions.
* Appeals – Appeal does not automatically operate as a stay – need to preserve status quo to avoid rendering appeal nugatory.
* Substantial loss – must be specifically pleaded and proved, not vague assertions.
* Security – applicant must furnish or undertake security before a stay is granted.
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2 February 2021 |
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Defendant granted leave to defend summary suit after raising bona fide triable issues on ownership and an unproved will.
Civil procedure – Summary procedure (Order 36) – Leave to appear and defend – Requirement to show bona fide triable issues and reasonable grounds – Annexing proposed WSD and supporting evidence – Disputed ownership and unproved will/probate as grounds to refuse summary determination.
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1 February 2021 |
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The court convicted the accused of aggravated defilement, finding medical and circumstantial evidence proved act, age and identity.
* Criminal law – Defilement – Ingredients: unlawful sexual act, victim under 18, identity of perpetrator, offender HIV status where charged – proof by medical report and circumstantial evidence.
* Evidence – Exhibits admitted under s.66 Trial on Indictment Act are deemed proved.
* Identification – victim’s contemporaneous statements and accused’s conduct (admission, attempts at settlement, absconding) can corroborate identification.
* Procedure – Victim’s absence from testimony does not necessarily defeat proof of defilement.
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1 February 2021 |