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Citation
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Judgment date
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| December 2025 |
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Plaintiffs proved ownership as bona fide purchasers; defendants' RC/eviction orders were irregular; trespass established; damages and injunction granted.
Land — customary land purchases and bona fide purchaser doctrine; admissibility and weight of local sale agreements and locus in quo; illegality/forgery of RC/eviction proceedings; trespass to land; vicarious liability of the Attorney General for acts of government officials; damages and permanent injunctive relief
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18 December 2025 |
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Plaintiffs proved lawful purchase of customary land; defendants' RC eviction was irregular and defendants trespassed; damages and injunctions awarded.
Land — customary tenure — bona fide purchaser for value without notice; trespass to land; invalid/void RC proceedings and forged eviction orders; vicarious liability of Attorney General for RDC/police acts; damages, injunction and eviction
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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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Review application dismissed: applicant lacked a subsisting proprietary interest; no error apparent or new evidence to warrant review.
Civil procedure — Review of judgment — Grounds for review: error apparent on record; discovery of new evidence; other sufficient reasons — Proprietary rights — Transfer of beneficial interest; effect of prior sale and effective possession — Remedy for breach of contract between beneficiaries.
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16 December 2025 |
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Application for review dismissed: purchaser could not acquire an interest already transferred and possessed by a third party.
Civil procedure — Review under Section 82 CPA and Order 46 r.1 CPR — Error apparent on the face of the record; discovery of new evidence; sale of an already-transferred beneficial interest; possession and proprietary rights; remedy for vendor’s breach.
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16 December 2025 |
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Plaintiff proved trespass by the first defendant; second defendant not shown liable; injunction, damages, measurements ordered.
Land law – trespass to land – proof on balance of probabilities – insufficient evidence of purchaser’s involvement – declaration of ownership, injunction and general damages – requirement to measure customary kibanja.
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16 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 |
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Court appointed the respondent administrator ad litem to represent the unrepresented estate in the pending suit.
Succession Act s.218 – appointment of administrator ad litem where letters of administration expired – limited grant for litigation only – beneficiary consent or nominee’s willingness not required – avoidance of delay in pending proceedings.
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15 December 2025 |
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Preliminary objections dismissed: beneficiary had locus standi, plaint disclosed trespass cause, suit not time-barred; application dismissed with costs.
Civil procedure — preliminary objections; locus standi of beneficiary without probate; cause of action — trespass to land; limitation (trespass accrual); service of process; death of defendant after institution of suit.
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15 December 2025 |
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Court ordered issuance of a special certificate but refused a vesting order for failure to follow section 167 procedure.
Civil Procedure Act s48(4) – duplicate certificate lost or withheld – court may call on Registrar to issue special certificate; Registration of Titles Act s71/s167 – special certificate and vesting orders; requirement to follow Registrar procedure before vesting order; judicial sale and consequences of sale becoming absolute.
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15 December 2025 |
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Appeal dismissed because the memorandum of appeal breached rules requiring concise, non‑argumentative grounds; appeal failed.
Civil procedure — Res judicata preliminary objection — Competence of memorandum of appeal — Order 43 Rule 2 CPR — Grounds of appeal must be concise, non‑argumentative and specify points wrongly decided; failure is fatal.
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15 December 2025 |
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Stay of execution dismissed for failure to show substantial loss, provide security and for unreasonable delay.
Civil procedure – Stay of execution – Order 43 r.4 requirements – pending appeal – substantial loss/irreparable harm – timeliness of application – provision of security – possession by respondent – absence of execution proceedings.
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15 December 2025 |
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Estate administrators added to the revision; court found an existing valuation report and refused to order a fresh valuation.
Civil procedure – Order 24 r.3 – substitution/addition of legal representatives after death; Valuation – court‑appointed valuer – existence of prior valuation report (2017) – fresh valuation declined; Procedural remedy – challenge to valuation report must be by appropriate proceedings; Costs – parties to bear their costs.
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15 December 2025 |
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Appellate court upheld respondent’s ownership, found appellants trespassers, and dismissed the appeal with costs to respondent.
Land law – kibanja interest and proof of ownership; Evidence Act ss.101–103 – burden of proof; locus in quo – role in testing credibility; trespass – elements; assessment of general damages; costs – judicial discretion.
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15 December 2025 |
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Application to extend appeal time and stay execution dismissed for failure to show good cause or substantial loss.
Civil Procedure Act s79, s96 – extension of time; Order 43(4) CPR – stay of execution; registrar's orders – 7‑day appeal period; proof of seeking typed ruling; requirement to show substantial/irreparable loss for stay.
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15 December 2025 |
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Registered title prevails absent proved fraud; respondents trespassed and must vacate; general damages awarded.
Land law – Indefeasibility of registered title under the Registration of Titles Act; customary land tenure – evidential requirements to prove customary ownership; adverse possession – twelve‑year limitation; trespass to land – unlawful entry and interference with possession; damages – distinction between special and general damages; interest and costs.
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15 December 2025 |
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Stay of execution granted pending appeal upon payment of security where notice of appeal timely but success unproven.
Civil procedure – Stay of execution pending appeal – Requirements: timely notice of appeal; real threat of execution rendering appeal nugatory; substantial/irreparable loss; absence of unreasonable delay; likelihood of success; security for due performance – Land eviction – Conditional stay on payment of security.
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12 December 2025 |
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Registrar’s cancellation of lease was void for lack of statutory declaration and evidence; partial execution of vacant possession permissible.
Land law – Re-entry and cancellation of lease on mailo land – Registrar must be satisfied by statutory declaration and evidence of peaceful physical re-entry; administrative cancellation without substantial evidence is void. Civil procedure – Execution of decree – partial execution (vacant possession) allowed before taxation of costs; objector proceedings available only after attachment Companies – change of name does not extinguish legal existence Review – limited to error apparent, new evidence or analogous sufficient reason
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12 December 2025 |
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Defendant breached a sale contract by failing to pay for delivered goods; plaintiff awarded principal, damages, costs, and interest.
Contract law – Sale of goods – delivery notes and acknowledgements as proof of supply – payment within reasonable time where no time stipulated – breach for unreasonable delay – assessment of unpaid balance – award of general damages, costs and interest.
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12 December 2025 |
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Conviction for aggravated robbery where alibi rejected and single-witness identification, medical evidence and an axe exhibit established guilt.
Criminal law – Aggravated robbery – Proof of theft, use of deadly weapon (axe) and participation – Alibi and single identifying witness reliability – Admission of exhibit (axe) and medical evidence (PF3A).
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12 December 2025 |
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Medical evidence proved assault and age but identity rested on hearsay, so the accused was acquitted for lack of proof.
Criminal law – Aggravated defilement – Proof of age and penetration by medical evidence – Identity of perpetrator must be proved by admissible evidence – Hearsay inadmissible (Evidence Act s59) – Acquittal for failure to prove identity beyond reasonable doubt.
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12 December 2025 |
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Prosecution failed to prove penetration and identity beyond reasonable doubt; accused acquitted of aggravated defilement.
Criminal law – Aggravated defilement – Proof of penetration – Sufficiency of medical evidence – Single-witness identification – Caution where identifying witness lacks detail – Burden of proof beyond reasonable doubt.
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12 December 2025 |
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Whether prosecution proved aggravated trafficking of a child where an aunt transported a minor who was sexually exploited.
Criminal law – Trafficking in persons – Aggravated trafficking of a child – Elements: age, recruitment/transport/receipt, means, purpose of sexual exploitation – Child consent/parental consent irrelevant (s.2(5)) – Medical evidence corroborating sexual exploitation – Sentencing: death maximum but discretion to impose imprisonment; remand time deductible.
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12 December 2025 |
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Whether a land sale is voidable for lack of mental capacity/non est factum; admissibility of evidence and locus findings.
Land law – Contract of sale – Validity of executed sale agreement – Mental capacity and non est factum – Evidence Act s92 exception to parol rule – Locus in quo corroboration – Burden on balance of probabilities
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11 December 2025 |
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A plaint alleging unlawful distribution and destruction of land by an LC1 chairperson disclosed a cause of action; amendment defeated departure claims.
Civil procedure – Pleadings – Cause of action – Order 7 r.1(e) – Whether plaint discloses cause of action on its face; Civil procedure – Pleadings – Departure from pleadings – Order 6 r.7 – Effect of leave to amend; Local councils – Actions beyond statutory mandate – Personal liability; Damages – General damages for unlawful distribution and destruction of property
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11 December 2025 |
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Failure to apply the Succession Act in a disputed inheritance case justified remand to an administration cause; adverse possession inapplicable.
[Succession Act] distribution of deceased's property; [Limitation / Adverse Possession] inapplicable where cause arose recently; [Evidence] departure from pleadings; burden under s110 Evidence Act; remand for administration cause
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11 December 2025 |
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Appeal dismissed for want of prosecution after appellant failed to file court-ordered written submissions.
Civil procedure — Appeal — Abandonment/dismissal for want of prosecution where appellant failed to file court-ordered written submissions — Order XLIII Rule 31 CPR; Land dispute — alleged sale versus loan secured by sale agreement; deposit and return of sale agreement
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11 December 2025 |
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The court convicted the accused of murder, finding death, malice and reliable eyewitness identification proved beyond reasonable doubt.
Criminal law – murder: elements of offence; post‑mortem and photographic evidence; malice aforethought inferred from head injuries and weapon; reliability of single witness identification; insufficiency of uncorroborated alibi.
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11 December 2025 |
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Accused acquitted of aggravated defilement due to insufficient proof of a sexual act, absence of medical corroboration.
Criminal law – Aggravated defilement – Elements: victim under 14, sexual act (penetration), identity – Burden and standard: proof beyond reasonable doubt – Evidence: importance of medical corroboration of victim’s testimony in sexual offences – Acquittal where sexual act not proved.
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11 December 2025 |
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Medical evidence showed recurring severe injuries but hearsay failed to prove the accused’s participation; accused acquitted.
Criminal law – Aggravated torture of minors – Elements: age, intentional severe pain, recurrence, perpetrator’s participation – Medical and photographic evidence – Hearsay inadmissible under Evidence Act s.59 – Alibi – Acquittal for failure to prove participation beyond reasonable doubt.
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11 December 2025 |
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Whether circumstantial evidence and corroboration sufficiently linked the accused to the child's mutilation murder.
Criminal law – Murder: elements (death, unlawful act, malice aforethought, identity) – Circumstantial evidence – requirements for cogent chain and corroboration – Last‑seen doctrine and its rebuttal.
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11 December 2025 |
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11 December 2025 |
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Death and malice were proved, but absence of evidence linking the accused to the killings led to acquittal.
Criminal law – Murder – elements of offence – proof beyond reasonable doubt – circumstantial evidence – malice aforethought – failure to prove accused's participation; acquittal.
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11 December 2025 |
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Whether prosecution proved participation and malice in a murder; fifth accused convicted, second accused acquitted.
Criminal law – Murder – Elements of murder (death, unlawful act, malice aforethought, participation) – Identification by a single witness – Hostile witness and admissibility of prior statement – Insufficient untendered police statements cannot ground conviction.
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11 December 2025 |
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Whether the respondent's claim was time‑barred and whether a gift inter vivos plus long possession established ownership of land.
Land law — ownership dispute — gift inter vivos (intention, delivery/possession, acceptance) — long exclusive possession — limitation (12 years) — appellate re‑evaluation of evidence — trial court's failure to record/assess cross‑examination and defence witnesses — inadmissible/deficient locus in quo materials — costs follow event.
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10 December 2025 |
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Lack of service and verified hospitalisation justified setting aside dismissal and reinstating the land suit; applicant ordered to pay costs.
Civil Procedure — Order 9 r.22 & r.23 — Setting aside dismissal for non-appearance — Requirement of sufficient cause — Service of hearing notice — Hospitalisation/ill-health as excuse — Reinstatement of suit — Costs.
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10 December 2025 |
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Stay of execution refused where a fresh suit did not address the grounds that produced the taxed costs.
Civil Procedure — Stay of execution — Order 22 Rule 26 — Administrator suing through power of attorney — Taxation of costs — Identity and relationship of claims required for stay
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10 December 2025 |
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Maintenance and custody orders may be made on uncontradicted affidavit evidence where parties had notice and children’s best interests prevail.
Family and Children Court – maintenance and custody – affidavit evidence – fair hearing – counsel holding brief – judicial discretion – best interests of the child – Children Act provisions
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10 December 2025 |
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The applicant may recover the outstanding loan and is awarded general damages, interest on damages, and costs against the respondents.
Contract law – Loan agreement and guarantor liabilities – Default and joint and several liability for outstanding balance; Breach of contract – entitlement to general damages; Civil Procedure Act s.26 – judicial discretion on interest; Costs follow the event where defendants fail to defend.
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10 December 2025 |
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Application for security for costs dismissed as premature; preliminary points in the main suit must be determined first.
Civil procedure – security for costs (Order 26 Rule 1) – test: frivolous/vexatious suit, good defence, likelihood of success – affidavit competence – premature application where preliminary points pending
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10 December 2025 |
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Whether a taxing officer overtaxed instruction fees and other items, warranting limited judicial intervention and recalculation.
Taxation of costs — Judicial interference with taxing officer’s discretion — Instruction fees under Sixth Schedule of Advocates (Remuneration and Taxation of Costs) Regulations — Certificate of taxation and affidavits of service taxable — Manifest excess as ground for variation
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10 December 2025 |
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Appeal against ex parte taxation dismissed: service was effective and taxed costs were not manifestly excessive.
Civil procedure — Service of process (Order 5) — Sufficiency of service for taxation hearing (affidavit of service, service on adult family member, WhatsApp notice) — Taxation of costs — Standard of appellate interference: manifestly excessive, manifestly low, or error of principle (Bank of Uganda v Banco Arabe Espanol; Nicholas Roussos)
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10 December 2025 |
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Court granted interim injunction restraining respondent from dealing with disputed research forest land pending the main application.
Civil procedure – Interim injunctions – Inherent powers of the court to preserve status quo – Order 50 rule 3A – urgency and irreparable harm – limits on ex parte interim orders – land/title dispute involving research trials and forested land.
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10 December 2025 |
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Appellant failed to prove title; respondents’ unchallenged occupation and interests established ownership; appeal dismissed.
Land law – ownership dispute – customary interests, purchase and inter vivos gift; burden of proof in civil cases; interpretation of sale agreement and deed of gift; effect of lease offers where community engagement/procedure lacking; evidence of long occupation and adverse possession aspects.
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10 December 2025 |
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Supplier entitled to unpaid purchase price, general and punitive damages after buyer breached sale of goods contract.
Contract law – Sale of goods – Supplier’s right to price where buyer refuses payment; breach of contract; assessment of general and exemplary damages; evidential burden and reliance on purchase orders.
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9 December 2025 |
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Mistaken filing in lower court justified setting aside ex parte order and enlargement of time to file defence, costs to applicant.
Civil procedure – Setting aside ex parte judgment – Order 9 r.12 CPR – Enlargement of time – Order 51 r.6 CPR and s.98 Civil Procedure Act – Mistaken filing in lower court due to High Court relocation – Triable issues on ownership – Costs to applicant.
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9 December 2025 |
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Prosecution proved a prima facie case of aggravated defilement; accused required to open defence and informed of defence rights.
Criminal law – Aggravated defilement – Prima facie case – Proof of age – Medical evidence of penetration (PF3A) – Identification of accused by child witness – Right to open defence.
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9 December 2025 |
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Withdrawal after defendants' defence attracts costs; family reconciliation alone does not justify denying costs.
Civil procedure — Discontinuance/withdrawal of suit (Order 25 CPR) — Costs discretionary under s.27 Civil Procedure Act — Costs generally follow the event — Departure requires good reason — Family reconciliation insufficient to deny costs.
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8 December 2025 |