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Citation
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Judgment date
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| November 2025 |
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Revision application dismissed for late service of notice of motion without seeking the required extension.
* Civil procedure – service of notice of motion – notice of motion treated as notice under Order 49 Rule 2 – must be served in manner and time provided for service of summons (Order 5 Rule 2).
* Civil procedure – time for service – summons to be served within twenty-one days; extension to be sought within fifteen days after expiry.
* Civil procedure – extension/enlargement of time – court discretion to extend but only on application; failure to apply is fatal.
* Procedural compliance – non-compliance with service timelines can lead to dismissal of application with costs.
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13 November 2025 |
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Court allowed limited amendment of plaint; late service of reply not fatal and locus standi objection deemed premature.
Civil procedure – Amendment of pleadings – Order 6 Rule 19 CPR – Amendments to be freely allowed before hearing unless they introduce a new cause of action or cause irremediable injustice; service of affidavit in reply – late service not fatal if served within reasonable time before hearing; preliminary objections on locus standi premature in amendment proceedings.
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13 November 2025 |
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Applicant’s claim of sovereign/diplomatic immunity failed; court upheld jurisdiction and the default judgment, awarding costs to respondents.
Sovereign/diplomatic immunity – corporate agency v. state organ – USADF established as corporate body suable in foreign courts; service of process – diplomatic channels not required for independent corporate agencies; commercial activity exception to diplomatic immunity; setting aside ex parte/default judgment – sufficiency of cause and compliance with statutory timelines.
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13 November 2025 |
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Court set aside dismissal and reinstated estate suit after finding sufficient cause and valid affidavit of service.
Civil procedure – reinstatement of suit; Order 5 rule 1(3) – sufficient cause to set aside dismissal; service of process – affidavit of service as cure; substantive justice over technicalities; costs – each party to bear own costs.
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12 November 2025 |
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Court extended expired letters of administration two years and ordered inventory filing within three months.
Succession law – Renewal/extension of Letters of Administration – Effect of section 337(2) and discretionary renewal under section 337(4); Administrator's duties – filing Inventory and Accounts; Beneficiary consent and satisfactory performance as factors for extension; Court-imposed conditions and time limits.
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11 November 2025 |
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Court extended expired letters of administration for two years, ordered inventory filing and corrected the decedent's name.
Succession Act — renewal/extension of Letters of Administration; statutory expiry under s.337(2) and extension under s.337(4); duty to file estate inventory and accounts; beneficiary consent; rectification of decedent's name.
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11 November 2025 |
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Written sale agreement upheld; no spousal-consent defect; third party protected as bona fide purchaser; plaintiff's claim dismissed and caveat removed.
Contract evidence – parole evidence rule and Section 92 Evidence Act; proof standards under Sections 101–103 Evidence Act; Land law – family land and spousal consent under Sections 38A/39 Land Act; bona fide purchaser protection; removal of caveat; vacating unsubstantiated claims.
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11 November 2025 |
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Court allowed amendment of a generalized memorandum of appeal under Section 98, finding no undue prejudice and ordering costs to applicant.
Civil procedure – amendment of memorandum of appeal – Section 98 Civil Procedure Act – discretion to allow amendments – must be exercised judiciously; Appeal grounds – need for specificity; Prejudice – balancing delays against resolving substantive land disputes; Affidavit in reply – no statutory deadline for filing; late filing not automatically struck out.
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11 November 2025 |
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Applicants failed to show arguable grounds for leave to appeal a reinstatement order setting aside a dismissal.
* Civil procedure – Leave to appeal – Applicant must show arguable grounds/prospects of success for leave to appeal (Order 44 r2).
* Civil procedure – Service of interlocutory processes – court’s power to enlarge time; leave to serve out of time (section 96; Order 51 r6).
* Civil procedure – Dismissal under Order 9 r17 and setting aside under Order 9 r18 – sufficient cause and exercise of discretion.
* Evidence – Alleged hearsay objection weakened where decision rests on non-notification and court record.
* Abuse of process – Re-litigating an issue already determined by trial court may constitute abuse.
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10 November 2025 |
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Acquittal for aggravated defilement due to insufficient, uncorroborated and medically inconclusive prosecution evidence.
* Criminal law – Sexual offences – Aggravated defilement – prima facie case requirement under Section 74(1) Trial on Indictments Act; Bhatt v R test. * Evidence – Child complainant evidence – need for corroboration and caution. * Medical evidence – hymenal absence without tears or semen is inconclusive; delay in reporting undermines forensic corroboration. * Evidence Act s30 – limits on admissibility of out-of-court statements in the absence of applicable exception.
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10 November 2025 |
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Appellant proved lineage title; respondents failed to prove acquisition and were adjudged trespassers; appeal allowed with costs.
Land law – ownership by lineage succession; burden of proof under Evidence Act; nemo dat quod non habet; failure to call key witness; trespass – unauthorized entry despite clan directive; striking out vague grounds of appeal.
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10 November 2025 |
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Appeal dismissed for lack of service of the memorandum and for want of prosecution; respondents ordered to pay costs.
Civil procedure – Appeals – Service of memorandum of appeal – falls within timelines for service of process (Order 49(2), Order 5(2)) – affidavit of service required; Civil procedure – Appeals – Want of prosecution – prolonged inaction amounts to abuse of process – dismissal justified; Civil procedure – Registrar’s role under Order 43 r.31 versus party application to dismiss for want of prosecution.
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7 November 2025 |
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An innocent URA error misattributing a TIN must be remedied via statutory data-protection procedures; no civil damages awarded.
Data protection – application of the Data Protection and Privacy Act to public bodies; misuse/misattribution of TINs; correction procedures (s.16) and administrative complaint to the Authority (s.31); Tax Procedures Act s.55/s.66 – offence of using false TIN; innocent administrative error rectified by URA does not automatically give rise to civil damages.
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7 November 2025 |
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An affidavit sworn before an advocate not authorised to practise is invalid and vitiates proceedings, warranting dismissal on revision.
* Administrative and procedural law – Commissioner of Oaths (Advocates) Act – only practising advocates with valid practising certificates may act as commissioners for oaths; commission terminates on ceasing to practise. * Evidence – Validity of affidavits – an affidavit sworn before a person not authorised to act as commissioner of oaths is invalid and vitiates proceedings. * Civil Procedure – Order 19 r 3(1) – a defective supporting affidavit goes to the root of the application. * Revision – High Court’s powers under section 83 of the Civil Procedure Act to set aside proceedings founded on invalid affidavits.
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7 November 2025 |
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Limitation and adverse possession do not defeat a spouse’s matrimonial property rights in a subsisting customary marriage.
Family law – Customary marriage – Property acquired during marriage presumed matrimonial property; Limitation Act and adverse possession do not extinguish a spouse’s declaratory claim to matrimonial interest while marriage subsists; transfers of matrimonial land without consultation or dissolution are legally defective.
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7 November 2025 |
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An appellate court will not disturb a trial court’s refusal to award costs absent demonstrated abuse or overlooked matters.
* Civil Procedure — Costs — section 27 Civil Procedure Act — costs generally follow the event but are in the court's discretion.
* Appellate review — interference with costs orders — only where discretion is not judiciously exercised or is abused.
* Burden on appellant to show overlooked matters or improper exercise of discretion.
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7 November 2025 |
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Applicant's transport difficulties and prompt action constituted sufficient cause to set aside dismissal and reinstate the appeal.
Civil procedure – Setting aside dismissal for non-appearance – Sufficient cause – Transport difficulties and counsel's engagement – Promptness in seeking redress – Article 126(2)(e) Constitution – Section 98 Civil Procedure Act – Section 33 Judicature Act – Right to be heard – Land disputes to be decided on merits.
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6 November 2025 |
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Mandamus granted to compel land registration where registrar failed to act on presented transfer instruments.
Administrative law – Judicial review – Mandamus to compel performance of statutory duty – Registration of titles – Registrar’s duty to enter dealings – Failure to act where transfer instruments presented – Unopposed affidavit evidence – General damages not awarded for lack of proof.
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6 November 2025 |
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Affidavits by the applicant’s State Attorneys were defective and Magistrates’ Court lacked jurisdiction under the Physical Planning Act; appeal dismissed.
Civil procedure – Affidavits – Order 19 Rule 3(1): affidavit must state facts within deponent’s knowledge or disclose source of information; hearsay inadmissible. Advocates – Professional conduct: counsel should not act as both advocate and witness in the same contentious matter. Administrative law – Physical Planning Act: internal multi‑tier review scheme culminating in High Court; exhaustion of administrative remedies and ouster of Magistrates’ Court jurisdiction for enforcement matters. Reinstatement – requires competent, properly supported application; absence of evidentiary foundation fatal.
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6 November 2025 |
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Applicant granted unconditional leave to defend amid triable disputes on service, quantum, illegality, fraud and security.
Civil procedure – summary suit – leave to appear and defend – discretion to enlarge time; service of summons – validity and affidavit of service; bona fide triable issues – fraud, forgery, misrepresentation, undue influence; disputed quantum and account; alleged unlicensed money‑lending and illegality of interest; disputed security and caveat; dual commissioning of affidavits – weight not fatal.
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6 November 2025 |
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Administrative delay by the lower court justified extending time for the applicant to file an appeal.
Civil procedure – extension of time to appeal – Section 79(1)(b), Section 96 and 98 Civil Procedure Act; Order 51 Rules – administrative delay in preparing certified records as sufficient cause; requirement that intended appeal be arguable; costs to abide outcome.
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6 November 2025 |
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Revision under section 83 unavailable where decision is appealable; proper remedy is an appeal, not revision.
Civil Procedure Act s.83 – Revision limited to jurisdictional defects, illegality or material irregularity; Appeal vs revision – decisions requiring review of evidence are appealable; Matrimonial home/children’s interests – trial court discretion to protect children’s housing needs.
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5 November 2025 |
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Court reviewed a probate renewal for lack of beneficiaries' consent, shortened the extension and ordered transfer and accounting directions.
* Probate law – Renewal of grant of probate – Beneficiaries' consent required for renewal – absence constitutes an error apparent on the face of the record.
* Civil Procedure – Review jurisdiction – error apparent on the face of the record under Order 46 r.1 and section 82.
* Estate administration – court may limit renewal duration and issue directions (signing transfer/mutation forms, filing accounts) to expedite distribution.
* Costs – each party to bear own costs in review altering prior probate extension.
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5 November 2025 |
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First accused convicted on positive identification; second accused acquitted for lack of evidence of participation.
Criminal law – Aggravated robbery – Elements: theft, threat/use of violence, deadly weapon – Identification evidence and alibi – Common intention – Acquittal where participation not proved.
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5 November 2025 |
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Stay of execution granted pending appeal after applicant showed substantial loss, promptness and arguable grounds; no security required.
Civil procedure – stay of execution pending appeal; requirements: substantial loss, promptness, arguable appeal, security for due performance; contract dispute; execution of decree for payment; discretion not to order security to protect right of appeal.
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4 November 2025 |
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Late witness statement retained; plaint not time-barred, surviving executrix has authority, and cause of action disclosed.
Civil procedure – witness statements – late expanded statement admitted where no new witness introduced and cross-examination possible; substantive justice prevails over technicality.
Limitation – continuing trespass – cause of action accrues from continuing occupation; Section 20 Limitation Act inapplicable to suits by estate to protect property.
Succession – Section 269 – powers of executors vest in surviving executrix; survivor may sue without co-executor consent.
Pleadings – Order 7 r.11 – plaint discloses cause of action; misnomer curable by amendment where identity clear.
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4 November 2025 |
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Applicant proved equitable interest; respondent’s title held fraudulently acquired; surrender of title and demolition ordered.
Land law – equitable interest arising on sale agreement – locus standi to sue – fraud vitiating registration – bona fide purchaser doctrine – requirement of due diligence and production of sale agreement – illegal erection of structures on access road – survey and demarcation remedy – damages and costs.
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3 November 2025 |
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Respondent’s answer can constitute a cross‑petition proving adultery, desertion and justifying divorce with custody and maintenance orders.
Divorce — grounds: adultery, desertion and psychological cruelty; respondent’s answer treated as cross‑petition; irretrievable breakdown since 2017; decree nisi, custody, visitation and maintenance awarded; guilty party doctrine considered.
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3 November 2025 |
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Court allowed limited amendment to plaint to include subsequent criminal conviction; evidentiary weight to be decided at trial.
Civil procedure – amendment of pleadings – Section 100 Civil Procedure Act and Order 6 Rule 19 – amendment to include subsequent criminal judgment – admissibility and evidential weight of foreign/related judgments to be determined at trial – prejudice and mala fides as grounds to refuse amendment.
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3 November 2025 |
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Extension of letters of administration granted for two years but conditioned on promptly filing the estate inventory and account.
Succession law – administrators’ duty to file inventory and account under s.273(1) – court’s discretion to extend time (Civil Procedure Act ss.96,98) – extension of Letters of Administration under s.337 – effect of pending related litigation and beneficiary consent – conditional renewal.
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3 November 2025 |
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An expired grant of letters of administration cannot be revoked; the former administrator must account and is restrained from dealing with the estate.
* Succession Act – validity of letters of administration – statutory two-year limit under s.256(2) – lapse by operation of law.
* Administration – revocation of grants – lapse of grant renders revocation moot.
* Duty to account – administrators must exhibit inventory and statement of account for period of authority.
* Remedies – injunctions, fresh application for letters, damages and costs where administrator interferes with estate.
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3 November 2025 |
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Appellate court affirms conviction and sentence for theft, finding sentence proportionate given aggravated breach of familial trust.
Criminal law – Theft – Sentencing – Breach of familial trust as aggravating factor; guilty plea and sentencing; appellate review of sentence; abandonment of unargued grounds on appeal.
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3 November 2025 |
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Appellate court largely upheld trial decision, set aside costs after finding road enlargement served public interest and LC1 testimony did not prove unlawful trespass.
Easements and village paths – enlargement of village path versus creation of new road; Evidence — weight of LC1 testimony under Evidence Act; Local governance — scope of LC1 authority over village activities; Costs — setting aside costs where defendant benefits from public works affecting claimant’s land.
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3 November 2025 |
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Disagreement with an expert valuation does not amount to an error apparent on the face of the record.
Civil procedure — Review under s.82 CPA & Order 46 — Challenge to government valuer’s report — Standard: manifest/error apparent on face of record; valuation as expert opinion; functus officio and contemnor objections considered.
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3 November 2025 |
| October 2025 |
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Possession supported by prior sale agreements shifts burden to challenger; distribution deeds cannot establish title without letters of administration.
Land law – ownership and possession – burden of proof where possessor shown to be owner (Evidence Act s.110); Succession law – distribution deeds insufficient to establish title absent letters of administration (Succession Act s.187); recovery of land versus trespass; evidential value of earlier sale agreements; due diligence when buying family/shared land.
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31 October 2025 |
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Court allowed the applicant an extension to file an appeal, finding sufficient cause despite a lengthy delay.
* Civil procedure – extension of time to appeal – Section 79(1)(b) Civil Procedure Act – "good cause" discretion.
* Civil procedure – computation of limitation – Section 79(2) excludes time to obtain copies of decree/record.
* Civil procedure – appeals to High Court – Order XLIII Rules 1–2: appeal must be by memorandum with concise grounds.
* Execution/taxation – enlargement of time to appeal does not automatically stay execution; stay requires express order.
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31 October 2025 |
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Alleged lack of company resolution for a judgment affidavit is an appealable admissibility issue, not grounds for revision.
Revision — Civil Procedure Act s.83(1) — limited revisional jurisdiction; material irregularity or illegal exercise of jurisdiction required — admissibility/authority to swear affidavit vs jurisdiction — company authority to sue — default judgment in summary proceedings.
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31 October 2025 |
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Circumstantial evidence, recovered stolen property and flight established the accused’s guilt for murder and aggravated robbery.
Criminal law – Murder – malice aforethought established by multiple repeated blunt-force head injuries and attendant circumstances; Aggravated robbery – theft, violence and possession/use of deadly weapon proved by recovery of victim’s property; Evidence – circumstantial and res gestae evidence, burden and standard of proof; Alibi – requirement that prosecution disprove alibi by placing accused at scene; Assessors’ opinion considered and adopted.
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31 October 2025 |
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Whether the prosecution proved aggravated defilement of a three‑year‑old beyond reasonable doubt and imposed an appropriate custodial sentence.
* Criminal law – Aggravated defilement – Elements: victim under 14, sexual act (penetration), accused’s participation – burden of proof beyond reasonable doubt. * Evidence – Medical evidence of vaginal tear and stitching corroborating sexual penetration; contemporaneous statements by child admissible as res gestae. * Evidence – Alibi and alternative explanations (fall from bicycle; accused’s chest injury) evaluated and rejected where inconsistent or uncorroborated. * Sentencing – Application of Sentencing Guidelines and precedents; aggravating factors (very young victim, familial relationship, severe injury) justify substantial custodial sentence; deduction for remand time.
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30 October 2025 |
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Penetration and non-consent proved, but identity of the assailant not established; accused acquitted.
* Criminal law – Rape – Ingredients: unlawful sexual intercourse, lack of consent, participation of accused; medical corroboration of penetration.
* Evidence – Identification – visual impairment and identification by matchlight; reliability and criminal standard of proof.
* Procedure – Investigative duty: police obligation to test/destroy alibi; effect of absent police testimony on prosecution case.
* Verdict – Where identity is not proved beyond reasonable doubt, accused must be acquitted despite proof of intercourse and non-consent.
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29 October 2025 |
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Intercourse and non‑consent proven, but unreliable identification and unrefuted alibi led to acquittal of the accused.
Criminal law – Rape – Elements: unlawful intercourse, lack of consent, accused’s participation – Identification evidence – visual impairment and limited lighting (matchbox) – medical corroboration of intercourse – alibi not disproved – failure to call police witnesses – acquittal.
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29 October 2025 |
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Insufficient proof of malice aforethought: murder acquittal but conviction for manslaughter and custodial sentence with remand credit.
* Criminal law – homicide – elements of murder: death, unlawful act, malice aforethought, causation. * Evidence – post‑mortem corroboration of assault and cause of death. * Mens rea – malice aforethought not inferred from non‑lethal force (fists/feet) against an elderly victim. * Defence – intoxication raised but not proved to negate intent. * Sentence – manslaughter; remand credit applied.
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29 October 2025 |
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Prosecution proved unlawful fatal assault but not intent to kill; accused acquitted of murder and convicted of manslaughter, sentenced accordingly.
Criminal law – Homicide – Causation and proof of death – Post-mortem evidence corroborating assault; Malice aforethought – Inference of intent where non-lethal force used – requirement for clear evidence; Intoxication defence – burden and when it negates specific intent; Conviction reduced from murder to manslaughter where intent to kill not proved; Sentencing – remand credit and comparative authorities.
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29 October 2025 |
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Single-witness identification and medical corroboration upheld conviction for rape; sentence reduced by remand credit.
* Criminal law – Rape – Ingredients: unlawful sexual intercourse, lack of consent, participation of accused – proof beyond reasonable doubt. * Identification – single identifying witness at night – reliability assessed on proximity, duration, lighting and corroboration. * Assessor’s opinion – trial judge may reject assessor’s dissent if unsupported by evidence. * Sentence – application of sentencing guidelines, mitigation, aggravation and remand credit.
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29 October 2025 |
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Applicant had prima facie case but failed to show irreparable harm; court restored status quo ante and allowed respondent temporary access.
* Civil procedure – Temporary injunctions – Test: prima facie case, irreparable injury, balance of convenience (E.L.T Kiyimba Kaggwa v Haji Katende Abdunasser).
* Property law – Access easement/disputed access road – long‑standing use and economic reliance of the user.
* Equity – Status quo vs status quo ante – court will not preserve an altered state created by self‑help.
* Inherent jurisdiction (s.98 Civil Procedure Act) – preservation of status quo ante pending final determination.
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29 October 2025 |
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Court held extension of letters of administration is judicial, granted a conditional 90‑day extension with strict accounting directions.
* Succession Act s.259 – extension of letters of administration – judicial, not administrative, function; formal application required. * Administration of estates – adequacy of inventory, requirement to account for rents and receipts. * Delegation – administrators cannot appoint agents to discharge their duties (delegatus non potest delegare). * Remedies – conditional short extension with strict directions; referral to Administrator‑General on noncompliance.
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28 October 2025 |
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Counterclaim alleging fraud struck out for lack of particulars and being time-barred; defendants' defences retained for trial.
Civil procedure – Pleading fraud – Particulars of fraud mandatory under Order 6 r.3 CPR; Limitation – actions to recover land barred after 12 years (Limitation Act s.5); Striking out pleadings – counterclaim struck out for failure to disclose cause of action, defences retained as raising triable issues.
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28 October 2025 |
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Applicant entitled to contract price and proven loan interest and damages for respondent’s non‑payment of completed works.
* Contract law – breach of contract – non-payment for completed construction works – entitlement to contract price.* Evidence – burden of proof in civil cases – plaintiff must prove special damages specifically on the balance of probabilities.* Damages – recoverability of loan interest proven by bank demand notice; speculative loss claims disallowed.* Remedies – award of principal, proved special damages, general damages, interest and costs.
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28 October 2025 |
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Ineffective service justified setting aside the default judgment, but execution sale preserved absent fraud or material irregularity.
Service of summons — requirement of effective personal service or service on recognized agent; ineffective service justifies setting aside ex parte decree (Order 36 r.11). Summary procedure — defendant need only show bona fide triable issues, not full merits. Execution and judicial sale — can only be set aside for fraud, illegality or material irregularity causing substantial prejudice; mere inadequacy of price or procedural imperfections without proof of prejudice insufficient. Valuation and bailiff irregularities — must be supported with evidence to vitiate sale.
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28 October 2025 |
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Charges dismissed where accused detained 28 years, later fit for trial, and prosecution lost the Police file/indictment.
* Criminal procedure – pre-trial detention – fitness to plead – detention pending Ministerial orders after finding of incapacity; subsequent fitness to stand trial and implications for liberty.
* Abuse of process – gross want of prosecution where Police file/indictment lost and cannot be reconstructed after repeated adjournments.
* Court powers – Judicature Act and Trial on Indictments Act; inherent jurisdiction to discontinue prosecution to prevent oppression and protect right to fair hearing.
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27 October 2025 |