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Citation
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Judgment date
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| June 2023 |
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Court set aside unlawful eviction, awarded damages against the bailiffs, and restored the applicant’s possession pending appeal.
Execution and eviction — procedural requirements for eviction (Practice Directions 2021 Rule 10; Order 22 r.19 CPR) — validity of eviction notice and affidavit of service — liability of bailiffs for acts in excess of authority — setting aside execution and restoration of possession pending appeal — damages for wrongful execution.
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30 June 2023 |
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Court refused to appoint an unwilling administrator ad litem and dismissed defective-service-affected claims.
* Succession Act s.222 – letters of administration ad litem – limited grants to represent deceased in pending suits where urgency or special circumstances exist; nominee’s consent required.
* Civil Procedure – service of summons (Order 5) – service within 21 days; service out of time without extension is of no legal effect.
* Civil procedure – miscellaneous applications affecting existing suits – parties to main suit must be served and have notice.
* Administrative law – court cannot compel an unwilling person to act as legal representative.
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30 June 2023 |
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Respondents’ criminal conviction and failure to defend established conversion; applicant awarded damages, interest and costs.
* Civil torts — Conversion — Criminal conviction and default judgment as proof of civil liability — Special damages for deprivation of chattel.
* Civil procedure — Default/interlocutory judgment — Failure to file defence raises constructive admission as to liability.
* Damages — Special vs general damages; recoverability of investigative/prosecution costs.
* Remedies — Preservation (freezing) orders require specific evidence of identified assets; execution process for attachment.
* Interest and costs — Court discretion under Civil Procedure Act to award interest; costs follow the event.
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30 June 2023 |
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Whether a purported lease was forged or a valid sale transferred title to the disputed land and appropriate remedies.
* Land law – characterization of transaction: lease alleged but handwriting expert and documentary analysis show purported lease forged; valid sale agreement conveyed Plot 31.
* Evidence – handwriting expert admissibility and weight; court as expert of experts in contested signature cases.
* Land survey and locus evidence – role of independent district surveyor in identifying plot features.
* Trespass – requirement to prove claimant's title and unlawful entry; occupation by purchaser/estate not trespass.
* Civil procedure – counterclaim procedure, service and failure to reply; counterclaim can succeed independently of main suit.
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30 June 2023 |
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Court partly grants review clarifying s.272 Succession Act, refuses to set aside dismissal of bill of costs; costs reserved to main victor.
Civil procedure — review vs appeal — correction of clerical error; Costs — discretion of court under s.27 CPA; Succession Act s.272 — administrators may act in representative capacity (exception for conveyances); Affidavits — falsehoods may render an application incompetent but interpretative assertions may be severable.
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30 June 2023 |
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Appellate court set aside trial judgment and ordered boundary demarcation after purchaser’s admissions obviated proof of title.
* Land law – trespass and possession – effect of admissions in pleadings – s.28 Evidence Act; * Contract/land sale – caveat emptor – purchaser’s duty to ascertain boundaries; * Civil procedure – grounds of appeal – general complaint of failure to evaluate evidence is a fishing expedition; * Remedy – demarcation and boundary report to finally determine kibanja size.
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30 June 2023 |
Juvenile justice – illegal detention – 9 years without trial – violation of child rights – procedural delays – right to fair trial – expeditious justice – discharge & release
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29 June 2023 |
Criminal law—murder—juvenile justice—wrongful detention as adult—prolonged remand: 9 years.—violation of right to fair trial—child in conflict with the law—discharge of juvenile
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29 June 2023 |
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Accused convicted of murder as rider/facilitator of shooter based on eyewitness, police statements and circumstantial evidence.
* Criminal law – Murder – Elements: unlawful death, malice aforethought, participation. * Identification evidence – contradictions between in‑court testimony and earlier police statements; caution in identification. * Common intention (s.19(1)(c) Penal Code) – liability of rider/facilitator. * Circumstantial evidence and post‑offence conduct as proof of involvement. * Sentence – aggravating (use of firearm, victim left dependent children) and mitigating factors considered.
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29 June 2023 |
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21 June 2023 |
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Application for leave to appeal out of time dismissed as appeal had already been dismissed and Court lacked jurisdiction.
Civil procedure — Leave to appeal out of time — COVID-19 delay — Effect of appeal dismissed as incompetent — Finality of judgments and functus officio — Citing wrong law not fatal — Single affidavit sufficient for multiple applicants.
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12 June 2023 |
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Appeal dismissed for failure to serve respondent; court upheld finding of altered sale agreement and trespass.
Civil procedure – service of process – failure to serve hearing notices or comply with substituted service orders renders appeal incompetent and may result in dismissal; Property law – sale agreement alteration – court may infer alteration from handwriting inconsistencies; Evidence – handwriting expert not mandatory; appellate duty to re-evaluate evidence and interfere only where miscarriage of justice occurs.
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12 June 2023 |
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A taxation appeal was dismissed because the applicant served court process late and failed to justify the delay; costs awarded to respondent.
Taxation appeal — service of process — failure to serve within time ordered — extension of time — discretionary relief requires cogent, sworn evidence — dilatory conduct and incomplete bill of costs — appeal incompetent and dismissed with costs.
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12 June 2023 |
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6 June 2023 |
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Pre-amendment advocates' taxation rules apply; Taxing Master’s bill reduced for unsupported or excessive items.
Advocates' costs – Taxation – Applicable regulations are those in force at institution of action; non-retrospectivity of amendments – Review of Taxing Master's discretion limited to errors, misapplication of scales or unsupported items – Instruction fees, drawing of court papers and attendance entries examined and adjusted.
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6 June 2023 |
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Application to strike out late affidavit dismissed; delay attributed to counsel’s error and costs awarded to respondent.
Civil Procedure – Service of process and timelines – Order 12 r3(2) – Affidavit in reply filed out of time where application served on former advocates – mistake of counsel not visited on litigant; Pleadings – Order 6 r8 – requirement for specific replies; Review applications – burden on applicant to prove grounds; Court discretion to dismiss unnecessary interlocutory applications and to award costs.
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6 June 2023 |
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Taxing master properly used pleaded purchase consideration for instruction fees; separate fees require proof of separate instructions.
* Taxation of costs – instruction fees – basis for valuation of subject matter – reliance on pleadings and annexed sale agreements versus post‑trial valuation. * Advocates (Remuneration and Taxation) Regulations – role of disclosed value in pleadings. * Taxing master’s discretion – interference only if wrong principle or manifestly unreasonable. * Multiple plaintiffs – separate instruction fees require proof of separate instructions.
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6 June 2023 |
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Undocumented survey evidence is insufficient; trespass, damages, eviction and costs were upheld on appeal.
* Land law – trespass – reliance on survey evidence – undocumented oral accounts of a survey are unreliable; written survey/report required to establish boundaries.
* Remedies – general damages for trespass – compensation for deprivation of land use; eviction of trespasser without compensation for developments.
* Civil procedure – counterclaim requirement – unpleaded overlap/competing boundary claim cannot be entertained on appeal.
* Costs – award appropriate where litigation is necessitated by defendant’s tort of trespass.
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6 June 2023 |
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6 June 2023 |
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An application to set aside a taxation award filed four years later is time‑barred without leave or extension.
Advocates Act s.62(1) – Appeal against Taxing Officer – 30‑day time limit; Civil Procedure – incorrect citation not fatal; Limitation – delay bars challenge to taxation award.
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2 June 2023 |
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2 June 2023 |
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Court allowed a limited extension to appeal a taxation award and granted a stay, despite an inordinate delay.
Extension of time – discretionary power under Civil Procedure Rules/Advocates Act – sufficiency of explanation for delay (COVID‑19) – stay of execution pending appeal – costs consequences.
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1 June 2023 |
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1 June 2023 |
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1 June 2023 |