|
Citation
|
Judgment date
|
| December 2024 |
|
|
|
27 December 2024 |
|
|
27 December 2024 |
|
|
27 December 2024 |
|
|
27 December 2024 |
|
|
27 December 2024 |
|
|
27 December 2024 |
|
|
27 December 2024 |
|
|
27 December 2024 |
Land law—customary tenure—inheritance rights of women—unregistered interests—father’s estate—co-ownership of ancestral land—fraudulent acquisition—leasehold—statutory limitation—burden of proof—equitable access—family burial grounds—costs
|
23 December 2024 |
|
|
20 December 2024 |
|
|
20 December 2024 |
|
|
20 December 2024 |
|
An appeal lacking a properly filed and presented memorandum under Order 43 is invalid and dismissed with costs.
Civil procedure – Appeal – Requirement of memorandum of appeal – Order 43 r(1), r(2) – Failure to present memorandum invalidates appeal; submissions filed without leave are irregular and insufficient – Appeal dismissed with costs.
|
20 December 2024 |
|
|
20 December 2024 |
|
|
19 December 2024 |
|
|
18 December 2024 |
|
|
18 December 2024 |
|
|
18 December 2024 |
|
|
18 December 2024 |
|
|
17 December 2024 |
Appeals—enlargement of time—Equal Opportunities Commission Act—jurisdiction—failure to seek leave—wrong procedure—Order 52 CPR—Section 29 Equal Opportunities Act—Civil Procedure Rules—statutory timelines—absence of rules—ordinary procedure applicable—dismissal of appeal—costs awarded
|
17 December 2024 |
|
|
16 December 2024 |
Criminal revision—Magistrates Courts Act—plea-taking irregularities—language interpretation—failure to explain charges—fair trial rights—equivocal plea—compensation order—imprisonment in default—civil transaction criminalization—abuse of process—proceedings quashed—conviction and sentence nullified—immediate release ordered.
|
16 December 2024 |
|
|
16 December 2024 |
|
|
13 December 2024 |
|
|
13 December 2024 |
|
|
13 December 2024 |
|
|
13 December 2024 |
|
|
13 December 2024 |
|
|
12 December 2024 |
|
|
11 December 2024 |
|
Applicant’s review of multiple judgments and execution dismissed for failure to show grounds and for lack of jurisdiction.
Civil procedure – Review jurisdiction under section 82 and Order 46 – limited to error apparent on record, new evidence, or sufficient cause; appeals dismissed for default – remedy is readmission under Order 43 rule 16 not review; jurisdictional competence – Magistrate’s Court decisions to be reviewed in Chief Magistrate’s Court; functus officio where appeal determined on merits; execution of taxed costs and attachment of land.
|
11 December 2024 |
|
Appellant failed to prove contempt of a temporary injunction; appeal dismissed after appellate re-evaluation of evidence.
Civil contempt — elements required (existence of order; knowledge; ability to comply; failure to comply) and intermediate standard of proof; validity of appeal without prior leave where order is not appealable as of right; appellate re-evaluation of misfiled affidavit in rejoinder.
|
11 December 2024 |
|
Applicant entitled to special certificate and vesting order after land registry misplaced title deeds.
Registration of Titles Act s.71 – issuance of special certificate where original title lost; ss.91–92 – transfer vests rights in transferee; s.151 – vesting/registration by Commissioner; lost title deeds by registry; locus of purchaser who paid consideration; court relief when Registrar reluctant to act.
|
11 December 2024 |
|
Corporate guarantor bound by guarantee; school chattels not mortgaged—detinue unproven without demand; bank’s counterclaim premature.
* Corporate guarantee – nature and effect – continuing and independent liability of guarantor; guarantor bound to pay on demand unless fraud or special equity proven.
* Mortgage law – mortgagee’s right to take possession and sell mortgaged land under Mortgage Act; possession may be taken with reasonable force and sale to recover debt.
* Movables and chattels – distinction between mortgaged land/developments and movable school assets; valuation and inventory essential to show sale of chattels.
* Detinue – essential requirement of demand for return; absence of written demand defeats detinue claim.
* Counterclaim – lender’s claim for outstanding loan premature where foreclosure remedies not exhausted and sale proceeds/accounting not established.
|
11 December 2024 |
|
Sale set aside for non-compliance with statutory mortgage auction procedures; valuation and purchaser-capacity claims unproven.
Mortgage law – foreclosure and realization of security – mandatory service of notices, statutory auction procedure and licensed auctioneer – valuation requirements – payment of deposit at fall of hammer – purchaser capacity and foreign ownership – remedies where sale irregular but borrower defaulted.
|
11 December 2024 |
|
Interlocutory judgment set aside and leave to file defence granted due to ineffective service and counsel's negligence.
Civil procedure — extension of time to file defence (Order 9 r12) — 'sufficient cause' — Service on corporations (Order 29 r2) — effectiveness of service on external counsel — negligence of counsel not imputed to deny hearing — access to justice and preference for merits over technicalities.
|
11 December 2024 |
|
Slip rule applied to correct clerical omission and amend grant to include applicant as administratrix.
* Civil Procedure – Slip rule (section 99 CPA) – correction of clerical or accidental omissions in judgments, decrees or grants.
* Probate – grant of letters of administration – omission of administrator's name – amendment of grant under slip rule.
* Standard for correction – error apparent on face of record; correction must not alter substance or amount to an appeal.
* Relief – issuance of amended grant; no order as to costs.
|
11 December 2024 |
|
Joint letters of administration rendered inoperative by a co-administrator's death were revoked and fresh grant issued to the surviving administrator.
Succession law – Revocation of letters of administration – Joint grants – Death of a co-administrator rendering a grant inoperative; power to revoke and regrant to surviving administrator; duty to ensure due administration and protection of beneficiaries.
|
11 December 2024 |
|
Land recovery claim dismissed as time‑barred and unsupported by evidence; plaintiff lacked cause of action and locus standi.
* Limitation of actions – recovery of land – 12‑year period under section 5 – accrual from dispossession; exceptions under section 25 for fraud/mistake and requirement to plead and prove discovery. * Civil procedure – requirement under Order 7 rule 6 to plead grounds of exemption from limitation. * Evidence – burden to prove title and succession by credible documentary/oral evidence; hearsay insufficient. * Locus standi and cause of action – need for sufficient interest and factual link to title.
|
11 December 2024 |
|
Applicant's judicial review dismissed: reinstatements followed Ministry guidance and applicant failed to prove unlawful or improper appointments.
Judicial review – locus standi; amenability of administrative action to judicial review; exhaustion of internal remedies; Public Service Standing Orders (retirement on abolition of office) and requirement for Permanent Secretary clearance; reinstatement and transfer of public officers following administrative irregularities and Ministry guidance; burden to prove lack of qualifications and procedural impropriety; prerogative remedies dismissed for failure to establish illegality, irrationality or unfair procedure.
|
11 December 2024 |
|
The applicant’s amicus application was rejected for bias and for attempting to introduce new evidence.
Amicus Curiae – Admission – requirements under Judicature (Amicus Curiae) Rules 2022; neutrality and impartiality; demonstrable expertise; prohibition on introducing new evidence; conflict of interest where applicant is beneficiary/party.
|
11 December 2024 |
|
Amicus curiae application denied where applicant, a former kingdom official, was partisan and sought to introduce new evidence.
Amicus curiae – admission – Judicature (Amicus Curiae) Rules 2022 – Rule 5 criteria (neutrality, expertise, novelty, public interest) – refusal where applicant is partisan, a former official/beneficiary of a party and seeks to introduce new evidence – court’s discretion.
|
11 December 2024 |
|
|
11 December 2024 |
|
|
11 December 2024 |
|
|
10 December 2024 |
|
|
10 December 2024 |
Review application—Civil Procedure Act—unconsented suit filing—advocate’s duty—lack of instructions—costs liability—error on record—discovery of new evidence—public interest litigation—authority to act—advocate’s misconduct—costs to affected parties—court’s inherent jurisdiction—disciplining officers—procedural fairness—client grievance—legal remedy.
|
9 December 2024 |
|
|
9 December 2024 |
|
|
9 December 2024 |