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Citation
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Judgment date
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| February 2026 |
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Court declared the patient mentally ill, appointed joint personal representatives, and restricted dealings with the estate.
Mental Health Act – declaration of mental illness – capacity to manage affairs – reliance on psychiatric expert evidence; Appointment of personal representative – fitness and propriety; Joint management where family mistrust or alleged asset dissipation; Exclusion of jointly registered property from individual estate; Restraint on dealing with assets, inventory and periodic psychiatric reports.
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19 February 2026 |
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Registered land transfers tainted by fraud are vulnerable; purchaser duty of inquiry is heightened when register shows a deceased proprietor.
:[
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19 February 2026 |
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The accused convicted of aggravated defilement based on credible victim identification and medical corroboration.
Criminal law – Aggravated defilement – proof beyond reasonable doubt – single witness identification and Nabulere caution – medical corroboration – rejection of animosity/motive defence.
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19 February 2026 |
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Digital tracking and recent possession of a stolen phone established the accused’s identity and supported a rape conviction.
Criminal law – Rape: elements (carnal knowledge, absence of consent, identity) – Circumstantial evidence and doctrine of recent possession – Digital forensics (IMEI, SIM and GPS tracking) – Loss of exhibit and admissibility of secondary evidence – Flight as corroboration.
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19 February 2026 |
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Leave to appeal out of time denied and appeal struck out for failure to effect service within prescribed time.
Civil procedure — Service of process — Order 49 r.2 (service as for summons) — Order 5 r.1(3) (dismissal where service not effected within 21 days and no extension sought) — Leave to appeal out of time — Validation of memorandum of appeal — Striking out appeal for non-service.
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18 February 2026 |
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Whether multiple property suits concerning continued government occupation should be consolidated to avoid inconsistent findings and promote judicial economy.
Civil procedure – Consolidation of suits under Order 11 r.1 – Test and factors for consolidation – Distinction between consolidation and hearing together – Judicial economy vs. prejudice – Property restoration claims against continued government occupation.
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18 February 2026 |
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Leave to amend plaint and to join Commissioner granted where counsel's omission was curable and no concrete prejudice shown.
Civil procedure — Amendment of pleadings — Order 6 r19 — mistake/oversight of counsel — amendments to determine real issues; Civil procedure — Joinder of parties — Order 1 r10(2) — necessary and proper party — Commissioner Land Registration; Land registration — implications for rectification/cancellation of title; Prejudice and delay — insufficiency to refuse amendment without concrete harm
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18 February 2026 |
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Application to reinstate appeal dismissed for want of prosecution failed for lack of pleaded dismissal order, delay and insufficient cause.
Civil procedure – dismissal for want of prosecution – reinstatement – requirement to plead and prove legal basis of dismissal – sufficient cause and negligence of counsel – inordinate delay and prejudice from execution – Article 126(2)(e) not a cure for pleading defects
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18 February 2026 |
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Court granted leave to amend the plaint and add a defendant, finding no new cause of action or prejudice.
Civil procedure — Amendment of pleadings under Order 6 r19 CPR — Leave to amend to add party — Amendment must not introduce new/inconsistent cause of action — Avoidance of multiplicity of proceedings — No mala fides; costs in the cause.
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18 February 2026 |
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A temporary injunction affecting disputed land and alleged public institutions was set aside pending a locus in quo visit to ascertain facts.
Civil procedure — Interim injunctions — Requirement of a prima facie case, irreparable harm and balance of convenience — Need for identifiable, ascertainable subject matter — Where physical facts and existence of public institutions on land are contested, locus in quo visit advisable before granting coercive interim relief.
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18 February 2026 |
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Court entered judgment on admission after defendant unequivocally admitted loan repayment and failure to return the land title.
Civil procedure – Judgment on admission – Order 13 r.6 CPR – Requirements: clear, unambiguous and unconditional admission – Loan repayment and failure to return original land title – Costs awarded to plaintiff.
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18 February 2026 |
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High Court reviewable transfer where plaint’s claimed indemnity made suit exceed magistrate’s pecuniary jurisdiction.
Civil procedure – Review – Error apparent on the face of the record – Jurisdictional transfer – Pecuniary jurisdiction of Magistrate’s Court – Settlement not effective unless court-endorsed.
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18 February 2026 |
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A necessary third party must be joined where orders on access or eviction would directly affect that person's interests.
Joinder of parties – Order 1 r.10(2) CPR – necessity and desirability of joining persons whose interests will be affected by orders
Interlocutory relief – leave to amend plaint to add party – merits not determined at joinder stage
Land law – access way disputes – effect of third-party possession and permanent developments on relief sought
Multiplicty of proceedings and natural justice – ensuring affected persons are heard before adverse orders
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18 February 2026 |
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Recognition in daylight, corroborated by mother and medical evidence, established aggravated defilement; alibi rejected.
Criminal law – Aggravated defilement – proof of age and sexual act – identification by recognition in daylight – corroboration by mother and medical evidence – rejection of alibi.
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18 February 2026 |
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Specialist HIV provider liable for negligent misdiagnosis, wrongful long-term ARV treatment and statutory breaches.
Medical negligence – HIV testing – failure to follow WHO and national testing algorithms; quality control lapses; failure to refer under s.48 of the HIV and AIDS Prevention and Control Act; negligent initiation and prolonged dispensation of ART; damages awarded.
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18 February 2026 |
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Prison transfer causing non‑attendance and arguable grounds justified reinstatement of a dismissed criminal appeal.
Criminal procedure — Reinstatement of dismissed appeals — Discretion under Section 37 Judicature Act — Sufficient cause (prison transfer and lack of legal aid) — Severability of falsehoods in affidavits — Assessment of arguable merits before reinstatement.
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17 February 2026 |
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Court allowed applicants to file a reply and counterclaim to challenge a newly produced title, requiring particularized fraud allegations.
Civil procedure — Amendment of pleadings after close of pleadings — Order 6 r.19 — Counterclaim — Fraud must be pleaded with particularity — Production of title deed in trial bundle — Inherent powers (s.98 CPA) and s.37 Judicature Act — Reply to WSD permitted.
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17 February 2026 |
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The court affirmed LCII original jurisdiction in customary land disputes and quashed the Chief Magistrate's orders.
Local Council courts — LCII original jurisdiction in customary land disputes — Stare decisis and binding Court of Appeal precedent — Parties cannot consent to oust jurisdiction or validate illegality — Quashing of Chief Magistrate’s orders restoring LCII and LCIII judgments.
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17 February 2026 |
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Acceptance of payments waived strict contractual terms; repossession without notice was unlawful and damages and costs were upheld.
Contract law – enforcement by conduct; waiver and promissory estoppel – acceptance of payments; repossession – unlawful self-help; damages for loss of tool of trade; appellate re-evaluation of evidence.
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17 February 2026 |
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Guarantors under a consent on execution are not enforceable until statutory execution modes against the principal debtor are exhausted.
Contracts Act – guarantee – guarantor liability accrues upon principal debtor’s default and after exhaustion of statutory modes of execution; Civil Procedure Act – modes of execution; Procedure – service of notice of motion; Registration of Persons Act – national ID cannot be used as collateral; Inherent powers of court – judge’s direction lawful.
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17 February 2026 |
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Appeal against refusal of leave to appear and defend in a summary suit is incompetent without prior leave.
Civil procedure — Summary suit — Application for leave to appear and defend under Order 36 r.5 — Appealability — Order 44 r.2 and s.76 Civil Procedure Act — Appeal incompetent without prior leave.
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17 February 2026 |
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Service was held ineffective; applicants ordered to re-serve respondent strictly under Order 5 and electronic filing rules.
Civil procedure – Service of process – Affidavit of service as prima facie proof – Requirement that service bring proceedings to party's actual notice – Electronic service via ECCMIS – Order 5 Civil Procedure Rules and Judicature (Electronic Filing, Service and Virtual Proceedings) Rules, 2025.
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17 February 2026 |
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Appeal dismissed: the appellant’s theft conviction upheld; sentence lawful and not manifestly excessive.
Criminal law – Theft – Entrustment of goods and dishonest conversion – Inference of intent from conduct – Material contradictions in prosecution evidence – First appellate re-evaluation of facts – Sentence within statutory limit and consecutive term discretionary.
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17 February 2026 |
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Appellate court upheld convictions for shopbreaking, theft and possession but replaced consecutive terms with concurrent sentences.
Criminal law – shop breaking and theft – recent possession doctrine – circumstantial evidence – possession of housebreaking instruments – appellate reappraisal of evidence – sentencing: concurrency, totality and proportionality.
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17 February 2026 |
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Appeal allowed: sale did not vest ownership in unadministered estate, but open possession created an equitable, protectable interest.
Succession and land law — identity and misnomer — disputed execution of documents — burden of proof under Evidence Act (ss.66,101) — enforceability of transactions over unadministered estate land — equitable/possessory interests, acquiescence and protection against successors — trespass and possession.
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17 February 2026 |
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Conviction for aggravated defilement based on corroborated child testimony, medical evidence, and contradictory alibi.
Criminal law – Aggravated defilement – elements: victim under 14, sexual act, identity of perpetrator; unsworn child testimony corroboration; medical PF3A admitted by consent; alibi contradicted by cautioned statement.
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17 February 2026 |
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Court convicted the accused of rape, finding carnal knowledge, lack of consent, and reliable identification despite initial hesitation.
Criminal law – Rape: elements of carnal knowledge and non‑consent; identification evidence in darkness; single‑witness identification; victims’ trauma affecting testimony; bare denial insufficient to raise reasonable doubt.
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17 February 2026 |
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Conviction for aggravated defilement based on medical evidence, reliable victim identification, and corroborating recent complaint.
Criminal law – Aggravated defilement – Elements: victim under 14, sexual intercourse, identity of perpetrator; identification evidence–recognition, duration, proximity, recent complaint, medical corroboration.
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17 February 2026 |
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Application to set aside dismissal of appeal dismissed for late Memorandum and wrong procedural route.
Civil procedure – Appeals – Memorandum of Appeal vs Notice of Appeal – Time limits under Section 79 and Order 43 CPR – Failure to obtain certified record not an excuse – Proper procedure to challenge dismissal: leave to appeal under Order 44.
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16 February 2026 |
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Appellant failed to prove exclusive possession; locus in quo and untendered mediation report supported respondents’ title; appeal dismissed.
Land law – trespass and possession – burden of proof for actual and exclusive possession; locus in quo – role in testing oral evidence; boundary evidence – anthills, sisal, trees; mediation proceedings – admissibility and estoppel.
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16 February 2026 |
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Single-witness identification and medical evidence sustain convictions for rape and attempted murder despite bare alibis.
Criminal law – Rape and Attempted Murder – single-witness identification – corroboration by medical and photographic evidence – inference of intent to kill from nature and location of injuries – inadequacy of bare alibi.
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16 February 2026 |
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Victim testimony and medical evidence proved aggravated defilement; reliable single‑witness identification and rejected alibi led to conviction.
Criminal law — Aggravated defilement — Elements: victim under 14, sexual act, accused's participation — Single‑witness identification: special caution — Corroboration by medical evidence — Alibi: burden and destruction by cogent evidence.
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16 February 2026 |
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Where deadly-weapon use is unproven, court may convict accused of lesser robbery; rape upheld on identification and medical evidence.
Criminal law – Aggravated robbery – failure to prove use or production of deadly weapon – conviction on lesser cognate offence (Simple Robbery); Identification evidence – single witness reliability where prior familiarity, prolonged close contact and lighting exist; Rape – carnal knowledge, absence of consent and medical corroboration.
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16 February 2026 |
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High Court dismisses revision challenging magistrate’s recount, holding jurisdiction, lawful exercise of discretion and no material irregularity.
Civil revision (s.83 CPA) — Parliamentary Elections Act (s.74) — Vote recount — Jurisdiction to order and conduct recount — Affidavit/jurat defects — Judicial discretion — Recount as numerical verification not full reconciliation — Chain of custody and election petition remedies.
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14 February 2026 |
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The applicant charged with aggravated defilement was granted bail subject to cash bond, sureties, ID deposit and monthly reporting.
Criminal procedure – Bail pending trial – Presumption of innocence and discretion to grant bail – Assessment of fixed abode and substantial sureties under Constitutional Bail Guidelines – Aggravated defilement charge.
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13 February 2026 |
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Acquittal where age and sexual act proved but prosecution failed to prove the accused's involvement beyond reasonable doubt.
Criminal law – Aggravated defilement: elements (age, sexual act, identity) – Alibi defence and burden on prosecution – Identification evidence in bushy/low-visibility conditions – Motive from land dispute undermining credibility – Adverse inference for failure to call material witnesses.
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13 February 2026 |
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Court held that an abbreviated middle name on a grant is a misnomer; both name variants refer to the same administrator.
Succession law – Letters of Administration – Misnomer and name discrepancies – Application of misnomer doctrine and “reasonable reader” test – Court’s inherent powers to prevent injustice and recognize administrator despite name variation.
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13 February 2026 |
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Repossession certificate conferred title; DAPCB temporary allocations invalid; occupants must contract with owner or vacate within 30 days.
Property law – Repossession certificate effect – Ministerial certificate confers title and prevents DAPCB temporary allocations; judgment on admission (Order 13 r6 CPR); entitlement to quiet possession; tenants to vacate or contract; costs — each party to bear own costs.
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12 February 2026 |
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Bare denials without evidential support do not establish triable issues for leave to defend a summary suit.
Civil procedure – summary suit – leave to appear and defend – requirement of triable issues – mere denials inadequate – documentary evidence (third-party mortgage, loan ledger, EFT) dispositive.
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12 February 2026 |
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A limited grant of administration to represent a deceased in one suit does not confer locus standi in a later, separate suit.
Succession Act s.218 — letters of administration limited to a suit — limited grant confined to specified pending proceedings; locus standi — capacity to sue; joinder as party in later suit; limited administrator cannot be made party to unrelated subsequent suit.
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12 February 2026 |
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Limited letters of administration confined to a specific suit do not confer locus standi to join an unrelated suit; application dismissed.
Succession Act (s.218/s.222) – limited letters of administration – scope confined to specified pending suit; locus standi to sue or be joined; party addition in separate proceedings; preliminary objections: limitation and alteration of cause of action.
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12 February 2026 |
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Review allowed to correct omission; court ordered joint assessment and limited preservatory renovation of jointly owned property.
Review jurisdiction – error apparent on face of record; Joint proprietorship – reciprocal fiduciary duties; Preservation of common property – court-ordered joint professional assessment; Restriction to preservatory works; Registrar authorised to execute consent as last resort.
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12 February 2026 |
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Execution of a subsisting consent judgment may reach derivative subdivided plots traceable to the parent title absent a court-ordered stay.
Civil procedure – Consent judgment as binding and enforceable – Execution against derivative/subdivided parcels traceable to parent title – Order 22 CPR execution powers – Pending appeals/applications do not automatically stay execution – Allegations of fraud not a ground to reopen consent judgment in execution proceedings.
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12 February 2026 |
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DNA exclusion and material witness contradictions created reasonable doubt, resulting in acquittal for aggravated defilement.
Criminal law – Aggravated defilement – identification of perpetrator – DNA paternity evidence excluding accused – material contradictions in witness testimony – burden of proof – reasonable doubt – acquittal.
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12 February 2026 |
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Accused convicted of two counts of aggravated defilement based on medical, identification, and corroborative evidence.
Criminal law — Aggravated defilement — child victims' unsworn testimony requiring corroboration — PF3A medical evidence — recognition identification under favourable conditions — flight and post-offence conduct as corroboration — trial judge may convict despite Assessors' contrary opinion.
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12 February 2026 |
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Default judgment entered where defendant failed to apply for leave to appear and defend under summary procedure.
Civil Procedure — Summary procedure (Order 36 r.2–3) — Default judgment where defendant fails to apply for leave to appear and defend (Order 36 r.3(2)) — Dismissal for want of prosecution (Order 9 r.22) — Award of interest and costs.
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11 February 2026 |
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Photographs alone do not prove a customary marriage; absence of adequate proof defeats a divorce petition.
Family law – Divorce – Customary marriage – Proof of marriage – Photographs insufficient – Non-registration not automatically fatal – Pleadings must disclose customary rites/dowry/consummation – Pleadings defective under Order 7 Rule 11(a) CPR.
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11 February 2026 |
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Acquittal where medical proof of death and sexual activity existed but participation by accused was not proved.
Criminal law – burden of proof – murder and defilement – medical evidence admissibility – alibi and participation – circumstantial evidence must exclude reasonable hypotheses.
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11 February 2026 |
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Accused convicted of aggravated defilement based on victim disclosure, medical evidence, identification and presence at the scene.
Criminal law – Aggravated defilement – Elements: age, sexual act, perpetrator; Evidence – medical report (ruptured hymen, fresh sperm stains); Victim’s prompt out‑of‑court disclosure admissible and corroborative; Identification by prior acquaintance; Alibi and circumstantial evidence; Burden and standard of proof.
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11 February 2026 |
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Equitable interest from a sale is protected against a purchaser with constructive notice; fraudulent double sale warrants restitution.
Land law – equitable interest arising from unpaid or unregistered sale; double sale and fraud; bona fide purchaser doctrine; constructive notice by occupation; equitable wrongdoing and pre-registration eviction; restitutionary remedies and refusal of specific performance.
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10 February 2026 |