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Citation
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Judgment date
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| October 2023 |
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31 October 2023 |
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31 October 2023 |
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31 October 2023 |
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31 October 2023 |
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31 October 2023 |
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31 October 2023 |
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31 October 2023 |
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30 October 2023 |
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30 October 2023 |
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First appellate court upholds compensation and general damages but sets aside unpleaded special damages.
Civil appeal — limitation — computation of appeal time when certified record not shown to have been availed; pleading effect — parties bound by written pleadings; vicarious liability — employer liable for employee’s impoundment of livestock resulting in loss; evidence — unreliable witness and weight of expert (veterinary) market-value evidence; damages — necessity to plead and strictly prove special damages; general damages at court’s discretion.
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30 October 2023 |
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Court granted temporary injunction restraining administrator from dealing with estate pending main suit, overruling affidavit-authority objection.
Civil procedure – preliminary objection – affidavit by one applicant for many – deponent’s personal knowledge suffices; written authority not required. Civil procedure – interlocutory relief – Order 41 r.1(a) – temporary injunction: prima facie case, irreparable injury, balance of convenience. Succession law – letters of administration – allegations of fraud, failure to file inventory and unlawful disposition of estate property may justify preservation orders.
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27 October 2023 |
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Application to dismiss appeal for non-payment of security dismissed after respondents proved deposit; withdrawal allowed with no costs.
Civil procedure – Withdrawal/discontinuance of proceedings – Order 25 r.1(1)-(3) and r.7 – leave to withdraw by court’s discretion – requirement of chamber summons – mootness where payment of court-ordered security is proved – proof of payment (receipts, EFT) suffices to defeat dismissal for non-payment.
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27 October 2023 |
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Leave granted to amend plaint to add estate distribution relief; amendment not a new cause of action and causes no prejudice.
Civil procedure – Amendment of pleadings under Order 6 r19 and Section 98 – Whether an amendment introducing a relief for distribution of an estate constitutes a new cause of action; prejudice to the other party; avoiding multiplicity of proceedings.
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27 October 2023 |
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Revocation application dismissed because applicants failed to prove a co‑administrator's death and meet Section 234 requirements.
Succession law – Revocation of letters of administration – Section 234(2)(d) (inoperative or useless grant) – Burden of proof under Evidence Act s.101 – Requirement to prove death of co‑administrator – Mis‑pleading not fatal where court may consider correct provision in interests of justice.
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27 October 2023 |
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Consent judgment in a representative suit was set aside for failure to comply with mandatory representative‑suit procedures.
Civil Procedure – Representative actions – Order 1 rule 8 – mandatory requirements (written authorizations, list of persons, notice/advertisement, court verification) – non‑compliance renders suit irregular/incompetent. Consent judgments – vitiation where procured by illegality, ignorance of material facts, fraud or collusion. Execution – party seeking to rely on execution must prove proper and complete execution; incomplete compensation documents may not establish execution. Remedies – setting aside consent judgment, injunction against eviction, costs awarded.
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27 October 2023 |
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Ex parte judgment set aside because corporate defendant was not properly served; receptionist was not an authorised agent.
Civil procedure — setting aside ex parte judgment — O.9 r 27 CPR; service on corporations — O.29 r 2 and O.5 r 1 CPR — service must be on company secretary, director or principal officer; receptionist or unnamed recipient at reception not necessarily authorised agent; defective return of service invalidates ex parte decree.
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27 October 2023 |
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Appeal allowed: land is communal clan property; trial court erred and eviction/injunction set aside.
Land law – customary/clan land – determination of individual versus communal ownership; burden of proof under the Evidence Act. Civil procedure – locus in quo – admissibility of evidence and Practice Direction No.1 of 2007; witnesses at locus must testify in open court and be subject to oath and cross-examination. Evidence – improperly admitted locus evidence may be disregarded where sufficient independent evidence supports the result. Remedies – eviction, injunction and demolition orders require proven title and proper procedure.
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27 October 2023 |
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Beneficiaries may be joined to litigation affecting an estate to protect their interests despite an existing administrator.
Civil procedure – Joinder of parties (Order 1 r.13) – Beneficiaries' locus standi to sue or be joined in proceedings affecting an estate despite existence of administrator – Avoidance of multiplicity of suits – Discretionary addition of parties.
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27 October 2023 |
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26 October 2023 |
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25 October 2023 |
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25 October 2023 |
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Stay of execution dismissed: applicant failed to file a timely appeal and did not provide required security.
Civil procedure — Stay of execution pending appeal — Order 43 r.4 CPR and s.98 CPA — requirements: pending/arguable appeal, substantial loss, no unreasonable delay, security for due performance — failure to file timely notice of appeal in proper court; lack of security and insufficient evidence of imminent execution — application dismissed.
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24 October 2023 |
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A bank that freezes a customer's account must prove lawful instruction and due diligence; lower court had jurisdiction; appeal dismissed.
Banking law – banker‑customer contractual duty to repay on demand; jurisdiction – pecuniary limit determined by account balance at filing; procedural compliance – striking off argumentative grounds; Anti‑Money Laundering Act – accountable persons must show express instructions and perform due diligence before freezing accounts.
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23 October 2023 |
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Indefinite extension of interdiction beyond six months was unlawful; court quashed it and ordered reinstatement with damages.
Judicial review – amenability and exhaustion of administrative remedies; exception for bias/predetermination. Public Service Standing Orders – interdiction timelines (3/6 months) and paragraph 15 requiring lifting when investigations exceed time limits. Illegality and irrationality as grounds for certiorari. Mandamus to compel reinstatement and award of general damages for unlawful interdiction. Discretion to refuse blanket injunction on ongoing investigations.
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23 October 2023 |
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A written sale‑swap bound the individual respondent; breach established and damages, interest and costs awarded to the applicant.
Contract law – sale‑swap agreement – contract interpretation; privity and corporate personality – liability of individual director where company not party; breach of contract – entitlement to special and general damages; specific performance vs damages; interest and costs.
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23 October 2023 |
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Review of consent judgment dismissed for lack of locus and no evidence of fraud, misrepresentation or mistake.
Civil procedure – Review of consent judgment – Consent decrees to be upheld unless tainted by fraud, mistake, misrepresentation or contrary to court policy. Locus standi – Non-parties to a suit must demonstrate a nexus to the subject land to be aggrieved and eligible to seek review. Probate/administration – Absence of letters of administration does not necessarily defeat an heir’s locus where the heir sues in his own right as owner.
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23 October 2023 |
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Applicants’ review of a consent land judgment failed for lack of proven fraud and absence of locus.
Land law – Review of consent judgment; consent decrees upheld absent fraud, mistake or misrepresentation; locus of non‑party beneficiaries to challenge consent orders; heirs may sue in own right notwithstanding lack of letters of administration.
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23 October 2023 |
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Applicant charged with aggravated child trafficking granted bail due to serious medical condition and acceptable sureties, subject to bonds and reporting.
Criminal procedure – Bail application – aggravated trafficking in children; Exceptional circumstances – serious medical condition (tuberculosis) as ground for bail under Bail Guidelines and Trial on Indictments Act; Sureties – assessment of substantiality and jurisdiction; Bail conditions – monetary bonds and periodic reporting to secure attendance.
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23 October 2023 |
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A vesting order was granted where long, open possession, acquiescence and vendor’s death satisfied section 167 requirements.
Registration of Titles Act, s.167 – vesting order – requirements: registered land and payment of price; actual, open, exclusive and continuous possession by purchaser; acquiescence by vendor or representatives; inability to execute transfer because vendor deceased or absent – long possession and supporting evidence (affidavits, photographs) can justify vesting order.
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23 October 2023 |
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Appellate court quashed acquittal and convicted respondent for forgery and uttering a false document.
Criminal law – Forgery and Uttering False Documents – elements and proof beyond reasonable doubt; Appellate review – duty to re-evaluate trial evidence; Forensic handwriting evidence – weight and admissibility; Miscarriage of justice – acquittal set aside.
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23 October 2023 |
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20 October 2023 |
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20 October 2023 |
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Court held the suit land was ancestral clan land and the respondents' registered title was valid, not procured by fraud.
Land law – testamentary dispositions; ancestral/ clan land v personal estate; Registration of Titles Act – conclusive effect of title and fraud exception; burden of proof for alleging fraud; company holding clan property and membership/registration issues; remedies – cancellation of title and declarations.
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20 October 2023 |
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Applicant lacked authority to challenge a consent judgment; application dismissed and reply affidavit found defective.
Civil procedure – Setting aside consent judgment – Locus standi to challenge consent judgments on behalf of others – Authority to litigate – Affidavit formalities under the Oaths Act – Undated jurat renders affidavit defective.
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20 October 2023 |
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20 October 2023 |
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20 October 2023 |
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20 October 2023 |
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20 October 2023 |
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20 October 2023 |
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Application to set aside ex-parte order dismissed; written statement of defence validated and costs awarded to respondent.
Civil procedure – setting aside ex-parte orders – requirement of credible affidavits and proof of service. Service of process – affidavit of service by process server vs. defendant’s denial – credibility and effect. Evidence – inconsistencies in sworn affidavits may render application untenable. Validation of pleadings by consent – effect on main suit. Costs – unsuccessful application to set aside ex-parte order attracts costs.
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19 October 2023 |
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19 October 2023 |
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Applicant failed to show sufficient cause for an extension of time to appeal; application dismissed with costs.
Extension of time to appeal – sufficiency of cause – inordinate delay and dilatory conduct – illness and financial incapacity – prejudice to respondent – precedents considered (Molly Kyalukinda Turinawe; Uganda v Ntambi).
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18 October 2023 |
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18 October 2023 |
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Appeal dismissed; security-for-costs order upheld for lack of leave and failure to comply with court directions.
Civil procedure — Security for costs — Order 26 CPR — Court may order plaintiff to give security where circumstances justify; discretion to be exercised judiciously. Appealability — Orders not listed as appealable as of right require leave of the court that made the order; failure to seek leave renders appeal incompetent. Procedural compliance — Failure to comply with court directions and late filing of submissions without leave (Order 51 r 6 CPR) attracts adverse consequences. Evidence — Competency of supporting affidavits and authority of deponent are material to the viability of an application or appeal.
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18 October 2023 |
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18 October 2023 |
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18 October 2023 |
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17 October 2023 |
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16 October 2023 |
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16 October 2023 |
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13 October 2023 |