|
Citation
|
Judgment date
|
| March 2026 |
|
|
Contempt dismissed: subsequent 2006 judgment overtook earlier order; no clear subsisting order or wilful disobedience proven.
Contempt of court — requirements: clear and subsisting order, knowledge, wilful disobedience; criminal standard of proof (beyond reasonable doubt); subsequent judicial dismissal can overtake earlier enforcement orders; ambiguity favours alleged contemnor.
|
3 March 2026 |
|
Registered title is conclusive absent proven fraud; sitting-tenant claim failed and defendant ordered evicted with damages.
Property law – Registration of Titles Act s59 – conclusive title; Expropriated Property Act repossession – original owner’s rights; sitting-tenant policy versus private repossessed property; invalidity of tenancy created after repossession; trespass, eviction and damages.
|
2 March 2026 |
|
A ten-year inactive caveat was vacated because the caveator failed to bring timely suit and caused prejudice to the proprietors.
Registration of Titles Act s.140(1) – Caveats – Caveatable interest – Requirement to bring ordinary action timeously – Inaction and lapse of caveat – Balance of convenience – Remedy: Vacation of caveat.
|
2 March 2026 |
|
High Court ruled that only it may transfer civil suits under s217; file transferred to correct Grade 1 magistrate; no costs order.
Magistrates' Courts Act s217 – High Court power to transfer civil suits; Territorial jurisdiction of magistrates' courts; Preliminary objection to jurisdiction; Order 44 CPR – leave to appeal requirement; Section 171 inapplicable to civil transfers.
|
2 March 2026 |
|
Court allowed amendment of defence to add counterclaim, finding no prejudice, mala fides, or limitation bar, and set filing timelines.
Civil procedure – amendment of pleadings – leave to amend Written Statement of Defence to add counterclaim – discretion under Order 6 r19, s100 CPA and s33 Judicature Act – test: no injustice, avoid multiplicity, not mala fide – timelines for filing and replies ordered.
|
2 March 2026 |
|
Non-compliance with court-ordered filing schedule resulted in dismissal for want of prosecution with no order as to costs.
Civil procedure – dismissal for want of prosecution – failure to file affidavits and written submissions in accordance with court directions – leave to appeal – consequences as to costs.
|
2 March 2026 |
|
Applicant allowed to amend plaint to add fraud particulars; locus standi challenge deferred to the main hearing.
Civil procedure – Amendment of pleadings – Order 6 r.19 CPR – Leave to amend to introduce particulars of fraud – No mala fides or undue prejudice shown – Locus standi challenge deferred to substantive hearing – Costs in main cause.
|
2 March 2026 |
| February 2026 |
|
|
Appeal allowed where respondent failed to prove an unwritten high-value debt without independent documentary corroboration.
Civil procedure — jurisdiction (pecuniary and territorial) — jurisdiction determined by plaint and pleadings; Contracts Act s.9(5) — requirement of writing for contracts above prescribed currency-point threshold; Evidence — burden on plaintiff to prove debt on a balance of probabilities and need for independent documentary corroboration for unwritten high-value contracts; Appeal — first appellate court entitled to re-evaluate facts and law.
|
27 February 2026 |
|
Court granted bail to an elderly, ill accused after finding exceptional circumstances and balancing public interest.
Criminal procedure – Bail – Trial on Indictments Act s.16 – Exceptional circumstances (including advanced age) – Proof of non‑absconding (fixed abode and sureties) – Balancing individual rights and societal interest.
|
27 February 2026 |
|
Court extended an expired grant of probate two years to preserve estate and enable executors to defend a pending will challenge.
Succession Act – extension of expired grant of probate – just cause – executors' duty to preserve estate – pending suit challenging will – conditional renewal and requirement to file inventory and accounts.
|
27 February 2026 |
|
Court extended expired letters of administration for two years, finding just cause under Succession Act s.337(4).
Succession Act s.337(4) — Extension of letters of administration; requirement to show "just cause"; court's discretionary power; conditions: inventory and account; costs ordered to administrator.
|
27 February 2026 |
|
Applicant resisted arrest; injuries amounted to soft-tissue harm, not meeting legal threshold for torture, application dismissed.
Human Rights (Enforcement) Act – procedural flexibility; Police powers of arrest – reasonable force (Criminal Procedure Code s.2); Torture – high threshold, statutory definition (Prevention and Prohibition of Torture Act); Burden of proof in civil human-rights claims.
|
27 February 2026 |
|
No proved 2019 insurance policy — insurer not liable; lender held liable for failing to provide insurance documentation.
Insurance law – insurer’s liability requires proof of an operative policy for the loss period; absence of a 2019 policy precludes indemnity. Consumer protection – lender’s duty to provide key insurance documentation; lender liable for representations to borrower. Burden of proof in civil claims
|
27 February 2026 |
|
Applicant’s salary suspension was quashed for procedural illegality; damages and costs awarded; lawful disciplinary steps still required.
Administrative law – Judicial review – Suspension of public officer’s salary – Procedural impropriety and illegality – Public Service Standing Orders and Public Service Commission Regulations – Duty to afford fair hearing – CAO obligations under Local Government Act.
|
27 February 2026 |
|
Conviction set aside and retrial ordered where appellant was not asked to plead, violating fair trial rights.
Criminal procedure – failure to take plea – breach of section 124(1) Magistrates Courts Act – violation of constitutional right to fair hearing (Article 28) – miscarriage of justice – retrial ordered under section 34 Criminal Procedure Code – principles for ordering retrial (Fatehali Manji).
|
27 February 2026 |
|
Whether a purchaser from an alleged caretaker acquires lawful occupancy against the 2nd defendant's registered title.
Land law — lawful occupant (Section 29 Land Act) — nemo dat — district land board allocation and duty (Article 241; Sections 57, 60) — elevated standard for proving fraud — certificate of title and trespass damages.
|
26 February 2026 |
|
Administrators with letters of administration have locus standi; pleaded fraud may toll limitation, so plaint must proceed and be amended.
Civil procedure – preliminary objection under Order 6 & Order 7 – locus standi of administrators (letters of administration; relation back doctrine) – pleadings must disclose cause of action – limitation Act (recovery of land; adverse possession) – fraud/mistake exception postponing accrual – liberal construction of pleadings – void ab initio and effect on limitation.
|
26 February 2026 |
|
Appellant’s death without substitution or letters of administration rendered the appeal incompetent and it was struck out.
Succession law; death of appellant; substitution by legal representatives; letters of administration (s.187 Succession Act); competence of appeal; striking out appeal without prejudice.
|
26 February 2026 |
|
Unauthenticated phone-tracking electronic evidence failed statutory authentication; conviction quashed and appellant acquitted.
Criminal law — Evidence — Electronic records — Handset tracking printout as electronic record — Electronic Transactions Act s7(2) — authentication — burden of proof; second appeal — re-evaluation of evidence; inadmissible electronic evidence taints derivative proof — acquittal.
|
26 February 2026 |
|
The court dismissed the applicants' challenge to rescission of public appointments, finding the administrative process lawful and fair.
Judicial review — amenability and limitation; public service recruitment — legality, rationality and procedural fairness of rescission and re-advertisement; mootness and deponent's authority; remedies (prohibition, certiorari, mandamus).
|
26 February 2026 |
|
Beneficiary had standing; suit not time-barred; court set aside title obtained by fraud and declared two parcels part of the estate.
Succession law – beneficiaries' locus standi to protect estate interests without letters of administration; Limitation – accrual of right upon grant of letters; Land law – indefeasibility of Torrens title subject to fraud; Proof of fraud and consequences – certificate procured by fraud void; Remedies – declaration, cancellation of registered name, administration and registration in trust; Necessity of joinder of interested third parties for determination.
|
26 February 2026 |
|
The prosecution proved aggravated defilement of the respondent; convicted and sentenced to 17 years with remand deducted.
Criminal law – Aggravated defilement – Ingredients: victim under 14, sexual penetration, accused’s responsibility – Proof beyond reasonable doubt; Identification in sexual offences; Corroboration by medical evidence; Treatment of minor inconsistencies; Sentencing under section 116 and sentencing guidelines (Third Schedule).
|
26 February 2026 |
|
Whether administrators may obtain extension of time and extension of Letters of Administration where delay is reasonably explained and beneficiaries consent.
Succession law – duty to exhibit inventory – section 273(1) – extension of time for filing accounts; Succession law – extension of Letters of Administration – section 255(3)(b)(ii) – beneficiary consent; Probate practice – equitable discretion – delay reasonably explained; Administration of estates – beneficiary unanimity and substantial progress as material factors.
|
25 February 2026 |
|
Prima facie purchase and possession insufficient for vesting order without strict, particularised proof of due diligence in tracing registered proprietor.
Registration of Titles Act s151 – Vesting order – Exceptional remedy affecting Torrens register – Strict proof required of registration, payment, possession, and due diligence to trace registered proprietor – Delay and inadequate tracing evidence defeat vesting.
|
24 February 2026 |
|
Whether the appellant proved, on the balance of probabilities, obstruction of a legally cognisable right of way to registered land.
Land law – right of way – whether obstruction of a legally cognisable access served by an unregistered easement; Evidence – burden and standard in civil cases (s.101(2) Evidence Act); Expert evidence – weight of joint survey report and plotting inconsistencies; Locus in quo – probative value; Registered title – limits as against unregistered rights (s.59 Registration of Titles Act).
|
24 February 2026 |
|
Acquittal where prosecution failed to prove malice aforethought and participation in alleged murder.
Criminal law – No case to answer – Prima facie case – Murder elements – malice aforethought – participation – best evidence rule – reliance on accused's statement – lack of further investigation.
|
24 February 2026 |
|
Accused convicted of rape where consent was absent, supported by victim testimony and medical evidence.
Rape — elements: sexual intercourse, lack of consent, identity; Consent — may be withdrawn; Corroboration — victim testimony, witness and medical evidence; Admitted facts — memorandum of agreed facts; Burden — prosecution must prove guilt beyond reasonable doubt.
|
24 February 2026 |
|
Drawer’s stop payment does not extinguish debt; payee entitled to cheque value, commercial interest and costs.
Bills of Exchange Act – cheque as bill of exchange – drawer’s countermand (s.74(a)) – countermand does not extinguish underlying obligation – bounced cheque gives independent cause of action – award of face value, commercial interest and costs.
|
23 February 2026 |
|
Revision dismissed: magistrate lawfully refused a distress-for-rent certificate due to an ongoing High Court ownership dispute.
Civil revision – Section 83, Civil Procedure Act – Scope limited to jurisdictional errors or material irregularity – Distress for rent – Magistrate’s discretion where High Court ownership dispute pending – Revision not substitute for appeal.
|
23 February 2026 |
|
Appellant’s unspecific sale agreement and vague grounds fail; respondent’s oral evidence and locus visit establish ownership.
Land law – Ownership disputes – Admissibility and weight of oral evidence under Evidence Act s59 – Documentary evidence must be substantiated and specific – Locus in quo inspection as corroboration – Vague grounds of appeal struck out for failure to specify contested conclusions.
|
23 February 2026 |
|
Applicant permitted to amend plaint to add fraud particulars and seek cancellation of 6th respondent's title; costs on applicant.
Civil procedure – Amendment of pleadings (Order 6 r19) – Pleading further particulars of fraud and seeking cancellation of title – Supplementary application procedure – Lis pendens (s.6 CPA) inapplicable – Costs.
|
23 February 2026 |
|
High Court declined rectification of land titles due to incomplete record and insufficient proof despite prior fraud finding.
Registration of Titles Act – consequential orders – rectification and cancellation of register – exceptional nature of relief – requirement for complete lower court record and exhibits – substituted service and due diligence – burden of proof on balance of probabilities under Evidence Act.
|
23 February 2026 |
|
Typographical mis‑citation in a charge sheet does not require acquittal; revision cannot displace interim prima facie findings in an ongoing trial.
|
23 February 2026 |
|
Appeal dismissed as incompetent for failure to extract a decree; pre-administration land sales declared null and costs awarded to respondent.
Succession law – Letters of administration required before rights to intestate property can be established (Succession Act s.187); Civil procedure – Appeal must be from a decree and an extracted decree is prerequisite (Civil Procedure Act s.79(1)); Civil procedure – Amendment of grounds of appeal requires leave (CPR Order XLIII r.2); Grounds of appeal must be concise and non‑narrative (CPR Order XLIII r.1(2)); Sales made prior to grant of administration are null and cannot confer title.
|
23 February 2026 |
|
Rape acquittal where identity was not proved beyond reasonable doubt due to inconsistent, uncorroborated victim evidence.
Criminal law – Rape – Elements: penetration, consent, identification – Proof of penetration by victim’s evidence and medical report – Consent assessed by surrounding circumstances – Single identifying witness requires caution – Corroboration and reliability of victim’s testimony – Doubt resolved in favour of accused.
|
21 February 2026 |
|
Whether prosecution proved beyond reasonable doubt that the accused unlawfully and with malice caused the deceased’s death.
Criminal law – Murder – Elements: death, unlawful act, malice aforethought, participation – Circumstantial evidence – Postmortem and photographic evidence – Accused’s right to silence – Memorandum of agreed facts.
|
21 February 2026 |
|
Delay did not warrant discontinuation: statutory period had not elapsed and delay was largely attributable to the defence.
Children Act s.145(4) — discontinuation for delay; Article 28(1) — right to speedy trial; attribution of delay; defence-caused adjournments; requirement of demonstrable prejudice; purposive interpretation of 'shall'; balancing best interests of children.
|
21 February 2026 |
|
Alleged contempt dismissed because the interim order had been vacated by consent before the alleged breach.
Contempt of court – jurisdiction to determine contempt of own orders – elements of contempt: existence of lawful order, knowledge, deliberate non-compliance – effect of consent order vacating interim order.
|
20 February 2026 |
|
Applicant failed to prove contempt after the primary police report was withdrawn; application dismissed with costs.
Contempt of court – civil contempt elements: existence of lawful order, knowledge, ability to comply, failure to comply; evidential burden and proof beyond reasonable doubt; withdrawn police report as fatal to proof; remedy of contempt as last resort; costs follow event
|
20 February 2026 |
|
High Court revoked expired magistrate's grant, issued fresh grant to the applicant and allowed late filing of estate accounts.
Succession Act – Revocation of letters of administration where grant expired or issued without jurisdiction; High Court power to revoke and make fresh grant; pecuniary jurisdiction of magistrate court; leave to file inventory and accounts out of time; administration of estates.
|
20 February 2026 |
|
Court appointed the parent guardian to manage and dispose of minors' land, prioritizing children's welfare and judicial oversight.
Children law – Guardianship of minors’ property – Welfare principle paramount – Parens Patriae supervision – Authorization to parent to subdivide, sell, lease or transfer minor’s land – Investment of proceeds for minors’ education and maintenance – Reporting and accounting requirement.
|
19 February 2026 |
|
Court granted administration under the Succession Act, requiring inventory including military death benefits within six months.
Succession Act s.256(4) – Grant of letters of administration; Succession Act s.273(1) – requirement to file initial and final inventory; inclusion of military pension/death benefits in estate; duties to protect minors’ welfare; recommendation to register estate land.
|
19 February 2026 |
|
Court granted administrators an extension to file estate inventory, accepting counsel's indisposition as sufficient cause.
Succession Act s.273(1) — extension of time to file inventory and accounts — discretionary grant upon satisfactory explanation — advocate's incapacity as sufficient cause — administrators' delay excused where not due to negligence.
|
19 February 2026 |
|
Widow granted letters of administration; ordered to file inventory and final account within six months under the Succession Act.
Succession law – Administration – Grant of letters of administration to widow – Pension/gratuity in estate subject to s.256(4) – Requirement to file inventory and final account together under s.273(1) – Six‑month timetable – No order as to costs.
|
19 February 2026 |
|
Post-mortem share transfer registered on an incomplete instrument is void; registrar negligent; estate entitled to rectification and damages.
Company law – share transfer vs transmission; requirement of a properly executed instrument under company Articles and Section 83(1) Companies Act; registrar’s duties and negligence in registration; post‑mortem transfers void ab initio; remedies – declaration, rectification, damages and interest.
|
19 February 2026 |
|
Interim injunction granted to preserve ancestral land pending trial due to a prima facie case and risk of irreparable harm.
Interlocutory injunctions – prima facie case – American Cyanamid principles; Succession law – locus standi and letters of administration; Irreparable harm – ancestral land and non‑quantifiable loss; Balance of convenience – preservation of status quo pending trial.
|
19 February 2026 |
|
Extension of time refused: confirmation by Chief Magistrate under supervisory powers is not appealable to the High Court.
Local Council Courts Act – supervisory jurisdiction of Chief Magistrate – confirmation of LCIII decree – appealability to High Court – no inherent appellate jurisdiction – enlargement of time to appeal – leave required where statute provides – costs follow the event.
|
19 February 2026 |
|
Extension to appeal a Chief Magistrate’s supervisory confirmation denied because such confirmations are not appealable to the High Court.
Local Council Courts Act – supervisory confirmation by Chief Magistrate – distinction between supervisory and appellate jurisdiction – no automatic right of appeal from supervisory confirmations to the High Court; enlargement of time to appeal – incompetent appeal – dismissal; costs awarded.
|
19 February 2026 |
|
Failure to substitute a deceased necessary party after adjournment warrants dismissal for want of prosecution under Order 17 rule 6.
Civil procedure – Death of a party – Substitution and representation after death – Necessary party (registered proprietor) – Failure to prosecute – Order 17 rule 6 – Dismissal for want of prosecution – Dismissal without prejudice to revival.
|
19 February 2026 |
|
Court allowed late inventory filing and extended letters of administration, declining to substitute the administrators.
Succession law – duty to file inventory – extension of letters of administration – leave to file out of time – removal/substitution of administrators – supervisory oversight – proof of incapacity insufficient for revocation.
|
19 February 2026 |