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Citation
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Judgment date
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| January 2026 |
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Guardian of minor beneficiaries may compel sibling DNA testing; exhumation is a last resort and not ordered.
Paternity — DNA testing — Locus standi of guardian to challenge alleged beneficiary’s paternity — Burden of proof under Evidence Act and Children’s Act — Exhumation as last resort — Sibling/kinship DNA test preferred — Balance of convenience and protection of minors’ interests.
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7 January 2026 |
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Ordering a recount on a public holiday and outside the statutory period was an illegal, materially irregular exercise of jurisdiction.
Civil procedure – Revision under s.83 Civil Procedure Act – Magistrate’s exercise of jurisdiction illegally or with material irregularity; Electoral law – Parliamentary Elections Act ss.55(2) and 92 – mandatory four‑day recount period and effect of public holidays; Evidence Act s.56(1)(h) – judicial notice of public holidays; Relief – setting aside orders and costs allocation.
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7 January 2026 |
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Appeal dismissed: respondent's purchase documents and long possession established title; appellants found trespassers.
Land law – ownership and possession – evidence of title (purchase agreements) and long possession – trespass – locus in quo purpose and limits – inconsistencies in vendor evidence and measurements – nemo dat principle – striking out vague grounds of appeal – appeal heard despite alleged non-service where respondent participated (Article 126(2)(e)).
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7 January 2026 |
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Appellate court upheld respondent’s ownership of disputed land portion, ordered survey and equal division, injunction, damages and costs.
Land law – ownership and trespass – historical donation and possession – burden and standard of proof on balance of probabilities – admissibility and weight of locus in quo evidence and clan proceedings – evaluation of witness credibility – survey/partition and remedial orders (injunction, eviction, damages, costs).
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6 January 2026 |
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Respondent proved ownership; court orders survey, equal division, injunction, eviction and damages against the appellant.
Land law – burden and standard of proof in ownership disputes – admissibility and weight of clan court findings and elder testimony – locus in quo visits – necessity of ascertaining exact acreage before severance – trespass remedies: injunction, eviction, damages and costs.
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6 January 2026 |
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Accused convicted of murder on eyewitness and post‑mortem evidence; canine evidence excluded; sentenced to 38 years, 9 months, 29 days.
Criminal law – Murder: elements (death, unlawful act, malice aforethought, causation) – Common intention – Admissibility and weight of sniffer/canine evidence – Accomplice (juvenile) testimony – Sentencing guidelines; fixed term imprisonment and remand set‑off.
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6 January 2026 |
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Unreliable sniffer-dog evidence and uncorroborated child testimony left the accused's alibi intact, resulting in acquittal.
Criminal law – murder elements – causation, malice aforethought; evidentiary caution for canine (sniffer) dog tracking – requirement for handler and dog training/certification; unsworn testimony of child of tender years requires corroboration; alibi and burden of proof.
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6 January 2026 |
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The accused convicted of aggravated robbery using a toy gun; acquitted of personation for failure to prove identity of personated officer.
Criminal law – Aggravated robbery – Elements: theft, violence/threat, possession of deadly weapon, participation – Imitation firearm (toy gun) may amount to deadly weapon if used to induce fear – Personation requires proof of the existence/identity of the person personated and intent to defraud – Remand period to be set off from sentence.
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6 January 2026 |
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Whether malice aforethought was proved; accused convicted of manslaughter for assault causing death and sentenced with remand set-off.
Criminal law – Homicide – Whether malice aforethought proved for murder; common intention and liability for assault causing death; conviction on lesser cognate offence (manslaughter); sentencing and remand set-off.
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6 January 2026 |
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Whether a plaint challenging a mortgage and sale of matrimonial land discloses a triable cause of action.
Civil procedure — Order 7 r.11 (rejection of plaint) — Cause of action must be apparent on plaint and annexures — Order 6 r.30 (strike out) — Frivolous or vexatious pleadings — Interlocutory/extrinsic documents ordinarily for trial, not preliminary disposal — Family/matrimonial land, spousal consent to mortgage, disputed documentary evidence.
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5 January 2026 |
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Court declared the patient mentally incapacitated, appointed daughters as managers and allowed mortgaging estate for medical care.
Mental Health Act Cap 308 – determination of mental incapacity requires psychiatric evidence – appointment of suitable relative as personal representative (s61) – special permission to mortgage estate for patient’s care (s62) – obligation to file inventory (s63) – periodic psychiatric review.
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5 January 2026 |
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Failure to effect statutory service within prescribed time led to dismissal of suit against those defendants and denial of ex parte leave.
Civil procedure – Service of summons – Order 5 r.1(2) and r.3 – affidavit of service – consent settlement – Illiterates Protection Act – ex parte proceedings – Order 9 – dismissal for non‑service.
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5 January 2026 |
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The respondent proved trespass; appellants failed to establish bona fide purchaser defence, appeal dismissed with costs.
Land law – Bona fide purchaser for value without notice – Due diligence required – Trespass – Administrator’s locus to sue – Burden and standard of proof on balance of probabilities.
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5 January 2026 |
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Failure to pursue statutory appeal cannot convert a lawful compulsory acquisition into unconstitutional deprivation.
Constitutional law – Right to property – Compulsory acquisition – Requirement of prompt, fair and adequate compensation – Land Acquisition Act procedure and s.13 appeal – nemo dat quod non habet – Impeachment of registered title requires specific pleading and strict proof of fraud.
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5 January 2026 |
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Juvenile convicted of aggravated defilement; prosecution proved age, sexual act and identity; sentenced to detention with remand credit.
Criminal law – Aggravated defilement – Elements: victim’s age, sexual act, identity – Proof beyond reasonable doubt – Medical corroboration of sexual abuse – Circumstantial evidence and identification – Sentencing of juvenile under the Children Act; detention as last resort and remand credit.
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5 January 2026 |
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Whether prosecution proved murder elements and appropriate custodial sentence; court convicted and sentenced the accused to 26 years, 10 months, 10 days.
Criminal law – Murder: elements — death, unlawful act, malice aforethought and causation; identification evidence in broad daylight; post-mortem corroboration; sentencing — death reserved for rarest cases, sentencing guidelines, remand credit.
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5 January 2026 |
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Accused convicted of aggravated defilement of a three-year-old; conviction based on child's unsworn testimony corroborated by medical report.
Criminal law – Aggravated defilement (s.116 PCA) – Unsworn testimony of child of tender years – Requirement of corroboration by medical evidence and immediate complaint – Identification and caution where witnesses familiar with accused – Sentencing guidelines and remand deduction.
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5 January 2026 |
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Accused convicted of aggravated defilement of a five‑year‑old; medical and corroborative identification evidence proved guilt.
Criminal law – Aggravated defilement – proof of victim’s age – medical and parental evidence; proof of sexual act – PF3A medical findings; identification evidence and alibi – prior familiarity and corroboration; flight as corroboration; sentencing under s.116 and sentencing guidelines with remand deduction.
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5 January 2026 |
| December 2025 |
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Application to register Kenyan succession judgment dismissed for lack of resealed letters of administration and non-executability in Kenya.
Foreign judgments – Reciprocal Enforcement Act – registration requires judgment to be executable in origin country; Probates (Resealing) Act – foreign letters of administration must be produced and resealed to have effect in Uganda; joint administrators must act jointly; executability of foreign judgment on property outside original jurisdiction.
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31 December 2025 |
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Whether the respondent lacks mental capacity and whether the applicants should be appointed joint personal representatives under the Mental Health Act.
Mental Health Act – determination of mental capacity for court proceedings requires medical assessment by authorised practitioner (s.54) – Court may find person lacks capacity (s.59(3)(b)) – appointment of suitable relative as personal representative (s.61) – powers of personal representative (s.62) – inventory and accounts obligation (s.63) – reporting and review (s.59(7)(b)).
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30 December 2025 |
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Court dismissed exhumation/DNA application due to lack of consent, expired grant and need to pursue relief in an administration cause.
Exhumation and DNA testing – succession disputes – exceptional circumstances required for DNA orders – consent and data-protection (Data Protection and Privacy Act) – constitutional privacy (Articles 27 and 41) – administration cause preferred to ex-parte applications – expired grant undermines entitlement.
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30 December 2025 |
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Delay in filing a civil appeal excused due to counsel’s procedural mistake; extension granted to file a memorandum of appeal.
Civil procedure – Enlargement of time to file appeal – Section 79 CPA and Order XLIII CPR – Memorandum of Appeal required for civil appeals – Mistake of counsel as sufficient cause – Curable procedural defects – Balancing finality and right to be heard.
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30 December 2025 |
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Plaintiff had standing and a cause of action, but removal under the company’s articles was valid; suit dismissed with each party bearing own costs.
Company law – Membership and removal in non‑share companies – Validity of removal under articles – Locus to sue – Cause of action – Companies Act provisions on representation (s142), voting (s141), minutes (s148), inspection (s169) and register omissions (s121) – Internal affairs judicial restraint – Limited remedies for minority members – Cross‑border enforcement/long‑arm jurisdiction concerns.
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30 December 2025 |
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Whether the state demonstrated good cause under Section 28(6) to extend time to appeal an acquittal.
Criminal procedure – Extension of time to lodge appeal – Good cause required under s.28(6) – Appeals statutory – Shah doctrine – Appeals against acquittals permissible only in exceptional circumstances (points of law, new/compelling evidence or interference, public interest) – Registrar to cause-list appeal.
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30 December 2025 |
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Court renewed and extended expired letters of administration for two years after finding sufficient cause and beneficiary consent.
Succession Act s.337(2) – Renewal and extension of Letters of Administration – Sufficient cause for extension – Beneficiaries' consent – Compliance with grant conditions – Leave to file inventory and final account.
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29 December 2025 |
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Death of a co-administrator renders a grant inoperative; court may revoke and regrant letters to fit applicants.
Succession law – Revocation and regrant of letters of administration – Death of co-administrator renders grant inoperative (Section 230) – Court may appoint fit and proper persons – Family nomination – Limited duration of grant – Costs from estate.
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29 December 2025 |
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Court renewed expired letters of administration and extended time to file inventory and final account for two years.
Succession law – Renewal of expired Letters of Administration – Extension of time to file inventory and final account – S.337(2) Succession Act – sufficient cause includes beneficiary consent and administrator's compliance – costs from estate.
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29 December 2025 |
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Court extended expired letters of administration two years where beneficiaries consented and delay was justified.
Succession Act s.337(2) – Extension/renewal of Letters of Administration – sufficient cause requires beneficiaries' best interests, compliance with law and consent – late filing due to administrator abroad – costs from estate.
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29 December 2025 |
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Court renewed expired Letters of Administration for two years after finding sufficient cause and beneficiary consent.
Succession law – Renewal and extension of Letters of Administration under s.337(2) – Adequacy of beneficiary consent, compliance, and ongoing administration as sufficient cause – Conditions: filing inventory and final account; costs from estate.
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29 December 2025 |
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Expired letters of administration extended two years where administrator complied with requirements and beneficiaries consented.
Succession Act s.256(1)-(2) – Renewal and extension of Letters of Administration – Sufficient cause: beneficiaries’ best interests, compliance with grant conditions, beneficiary consent – Leave to file inventory and final account – Costs from estate.
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29 December 2025 |
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Court renewed letters of administration for two years where beneficiary consent obtained and estate distribution impeded by misappropriation.
Succession Act s.337(2) – Renewal/extension of Letters of Administration – sufficient cause – beneficiary consent – estate misappropriation delaying distribution – leave to file inventory and accounts – costs from estate.
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29 December 2025 |
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Court extended expired letters of administration and held pension entitlements unaffected by the expiry.
Succession Act – Renewal/extension of Letters of Administration – S.337(2) – Pension payments exempt from expiry – S.256(4) – Sufficient cause for extension; beneficiary consent; administrator compliance; improper suspension of estate accounts by banks.
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29 December 2025 |
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Applicants raised bona fide triable issues, so unconditional leave to appear and defend a summary suit was granted.
Civil procedure – Summary procedure (Order 36) – Leave to appear and defend – Bona fide triable issues – Allegations of fraud and disputed land (kibanja) interest – Estate administration – Liquidated demand.
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29 December 2025 |
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Court set aside interlocutory orders that altered the status quo and wrongly struck the applicant company deputy manager’s affidavit.
Civil procedure—interlocutory injunction—preservation of status quo—limits of relief—court cannot grant unpleaded remedies—competency of affidavits sworn by corporate officers—Order 29/Order 19 Civil Procedure Rules—suo motu orders unlawful.
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29 December 2025 |
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Applicant charged with murder granted bail conditionally after court balanced liberty, public interest, abode proof and substantial sureties.
Criminal procedure — Bail pending trial — Murder charge — Balancing presumption of innocence and public interest — Fixed abode and verifiable ties — Substantial sureties — Risk of witness interference — Trial on Indictment Act s.16; Bail Guidelines 2022.
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23 December 2025 |
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Expiry of letters of administration does not bar suits brought while valid; administrators remain liable and res judicata inapplicable here.
Succession law – Effect of expiry of letters of administration – Representatives’ liability after expiry; Res judicata – prior land suit reserving administration issues; Preliminary objections – premature determination of full administration and inventory.
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23 December 2025 |
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Consolidation cured alleged lis pendens and abuse of process; preliminary objection overruled and consolidated suits set for hearing.
Civil procedure – Lis pendens (section 6 CPA) – requirements: same parties, same cause of action, pending in competent court; Consolidation of actions – effect of merging suits and curing multiplicity/abuse of process; Abuse of court process – multiplicity of suits – Judicature Act ss.17(2), 37.
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22 December 2025 |
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Court allowed late filing of estate accounts and extended Letters of Administration for two years after finding sufficient cause.
Succession Act – extension of time to file inventory and accounts (s.273(1)) – extension of Letters of Administration (s.337(4)) – sufficient cause – no evidence of maladministration.
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22 December 2025 |
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Court revoked joint grant after co-administrator's death and appointed the surviving administrator with inventory obligations.
Succession law – Revocation and substitution of letters of administration; death of joint administrator as just cause (s.230(2)(d)); effect of extension of grant; appointment of sole administrator; duty to file inventory (s.273); exercise of inherent jurisdiction (s.98 Civil Procedure Act).
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22 December 2025 |
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Beneficiary consent and demonstrated administrative diligence justified a two-year extension of letters of administration.
Succession law – Renewal and extension of letters of administration – Section 256(3)(b) Succession Act – beneficiary consent and administrators’ diligence – leave to file final account out of time.
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22 December 2025 |
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Beneficiary disagreements in intestate succession justified extension of administration grant and late filing of inventory.
Succession Act s273(1) – duty to exhibit inventory; Succession Act s337(4) – extension of Letters of Administration; administrator’s delay – sufficient cause; intestate succession – beneficiary disagreement; discretionary relief to complete estate administration.
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22 December 2025 |
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Review granted where costs had been awarded to an unregistered, non-existent respondent; costs order set aside.
Civil procedure — Review of judgment — Order 46 rule 1 and section 82 CPA; discovery of new or important evidence v. error on face of record; capacity to sue — corporate existence and URSB search; suits against non-existent parties incurably fatal; costs — setting aside previous costs award; preliminary objections — service, notice endorsement, and representation.
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22 December 2025 |
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Court extended Letters of Administration and allowed late filing of inventory due to squatters impeding estate administration.
Succession Act – extension of Letters of Administration (s.337(4)) – filing inventory and final account out of time (s.273(1)) – squatters on estate land as sufficient cause – discretionary relief of court.
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22 December 2025 |
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A High Court judge lacks jurisdiction to review a Deputy Registrar's order; appeal under Order 50 rule 8 remedies.
Civil procedure — Jurisdiction to review Registrar/Deputy Registrar orders — Appeal under Order 50 rule 8 is the proper remedy — Order 46 rule 2 limits judges to reviewing their own decisions — Preliminary objection upheld.
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22 December 2025 |
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A vesting order cannot be granted to a legatee in the absence of a valid probate or letters of administration.
Land law – Vesting orders – Types recognised under Registration of Titles Act (s.77, s.161) and Succession Act (s.151); Succession law – disposition of deceased’s property requires valid grant of probate or letters of administration (s.184); grant becomes inoperative on grantee’s death; absence of valid grant bars vesting application; court discretion under Civil Procedure Act cannot circumvent statutory requirements.
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22 December 2025 |
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Whether the applicant lawfully owned the land and respondents’ unlawful eviction and trespass warranted damages and injunctions.
Land law – customary land – bona fide purchaser for value without notice – validity of local council (RC) judgments and eviction orders – res judicata – trespass to land – vicarious liability of the Attorney General for acts of government officials and police – remedies: declaration, injunction, eviction, special and general damages, interest and costs.
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18 December 2025 |
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A magistrate must decide whether a complaint prima facie discloses an offence under s.42 MCA and give reasons.
Criminal procedure — Private prosecution under section 42 MCA — Meaning of "prima facie" in s.42 — Magistrate's duty to consult local chief or direct police investigation — Requirement to give reasons — Remittal where magistrate fails to apply judicial mind.
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18 December 2025 |
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An order permitting withdrawal with each party bearing costs is discretionary and not appealable as of right; appeal dismissed.
Civil procedure — Withdrawal of suit under Order 25 r.1(2) CPR — Costs of withdrawal discretionary and not equivalent to costs that 'follow the event' under s.27 CPA — Appealability: such orders are not appealable as of right under s.76(1) CPA/Order 44 CPR; leave required — Consent/concurrence in court precludes later challenge — Counterclaim is a separate suit.
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17 December 2025 |
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Stay of execution pending reinstatement of appeal denied due to inordinate delay despite eviction risk.
Civil procedure — Stay of execution pending reinstatement of appeal — Order 43 r.4 — requirements: threat of execution, substantial loss, absence of unreasonable delay, likelihood of success, security — inordinate delay defeats stay; substitution of parties after judgment and functus officio.
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17 December 2025 |
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The court dismissed the applicant's appeal against taxed costs, finding legal aid rules do not bar instruction fees.
Taxation of costs – scope for interference with taxation master’s award – exceptional circumstances required (manifest excess, misdirection, wrong principles); Legal aid providers – Advocates (Legal Aid to Indigent Persons) Regulations 2007 do not categorically prohibit instruction fees but envisage minimal fees; Service and compliance with court-ordered timelines – mandatory but effectiveness considered in context.
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15 December 2025 |