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Citation
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Judgment date
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| June 2024 |
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25 June 2024 |
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25 June 2024 |
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25 June 2024 |
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21 June 2024 |
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18 June 2024 |
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18 June 2024 |
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18 June 2024 |
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9 June 2024 |
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7 June 2024 |
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7 June 2024 |
| May 2024 |
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Time to appeal enlarged where applicant reasonably relied on counsel's advice after a judicial adjournment circular.
Civil procedure — Extension of time to appeal — Sufficient cause — Reliance on counsel's advice and Chief Registrar circular — Discretion under Order 51 — Costs to abide appeal outcome.
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31 May 2024 |
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Court reinstated appeal dismissed for want of prosecution, prioritizing hearing on merits despite limited medical evidence.
Civil procedure — Order 43 (reinstatement of appeals dismissed for want of prosecution) — 'sufficient cause' — illness as special circumstance (evidence required) — counsel’s negligence — interest of justice in land disputes.
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31 May 2024 |
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Application for contempt dismissed: shared pre‑existing possession and pending appeal precluded finding intentional disobedience.
Contempt of court – requirements for civil contempt: existence of lawful order; knowledge; ability to comply; intentional non‑compliance (proof beyond reasonable doubt); possession and use prior to judgment may negate contempt finding; pending appeal or stay affects enforcement.
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31 May 2024 |
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Court orders DNA paternity tests, issues protection order and permits limited access to retrieve personal effects.
Children Act – parentage and rebuttable presumption from birth register; DNA paternity testing as reliable proof; discretion to order DNA balanced against abuse of process; Domestic Violence Act – protection order where threat/occurrence of domestic violence; limited access to premises to retrieve personal effects; allocation of costs for DNA test.
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31 May 2024 |
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Applicants charged with murder and remanded over 180 days granted bail on strict monetary and reporting conditions.
Constitutional and criminal procedure law – Bail pending trial – Article 23(6) right to bail where remanded over 180 days – Trial on Indictments Act ss.14–15 – Offence triable only by High Court (murder) – "Exceptional circumstances" and judicial discretion – risk of absconding – sureties and reporting conditions.
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31 May 2024 |
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Complex estate disputes requiring oral evidence cannot be determined by originating summons and must proceed by plaint.
Administration of estates — procedure — suitability of originating summons under Order 37 for straightforward matters solvable on affidavits; complex contested estate disputes requiring oral evidence must proceed by plaint; alleged unilateral sale by co-administrator; duties and accounting of co-administrators.
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31 May 2024 |
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Stay of execution refused where caveat was vacated, title transferred and no imminent execution or substantial loss demonstrated.
Stay of execution – requirements: pending appeal (notice lodged), substantial loss, absence of unreasonable delay, security for performance – caveat vacated and title transferred; no imminent execution; stay refused.
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31 May 2024 |
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Court declared respondent mentally ill, found him incapable of managing affairs, and appointed applicant to pursue NSSF funds and account to court.
Mental Health Act 2018 – determination of mental status – limited to qualified practitioners – court declaration where person cannot manage affairs under s.60(3)(b). Appointment of personal representative – powers, duties and accounting under ss.62–64. Protection of estate of person with mental illness – limited, welfare-focused interventions.
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31 May 2024 |
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Court granted leave to appeal out of time for sufficient cause but struck out an out-of-time notice; fresh notice ordered.
Civil procedure – Extension of time – Leave to appeal out of time – Sufficient cause required; error of counsel may justify extension – Validation of an out-of-time notice requires prior enlargement order; incompetent notices may be struck out.
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31 May 2024 |
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Court granted consequential order under s.177 directing register rectification despite delay, accepting mistake as exception to limitation.
Registration of Titles Act s.177 – consequential orders to rectify register following recovery of land; Limitation Act – application upon a judgment and 12-year bar; exception for relief from consequences of mistake (s.25(c)); Registrar/Commissioner for Land Registration as proper respondent; Torrens system principles (mirror, curtain, insurance).
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31 May 2024 |
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Contempt finding set aside where no clear prohibitory order existed and the alleged contemnor lacked knowledge.
Revision (s.83 Civil Procedure Act) — High Court power to revise magistrates' decisions where jurisdiction exercised illegally or with material irregularity; Civil contempt — essential elements: existence of a clear prohibitory order, actual knowledge, intentional breach; burden beyond reasonable doubt; dismissal of an application is not a prohibitory order capable of grounding contempt.
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31 May 2024 |
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Court granted defendant leave to amend defence to plead title- and encroachment-related facts, finding no unfair prejudice.
Civil procedure – Amendment of pleadings – Order 6 r.19 – Leave to amend to plead newly-discovered facts challenging title and alleging encroachment – Amendments to be freely allowed unless causing injustice or introducing distinct new cause of action – Costs to abide outcome.
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31 May 2024 |
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Applicants claiming beneficiary and possession interests in disputed estate were added as defendants to enable final adjudication and avoid multiplicity.
Civil procedure – Joinder of parties – Order 1 rules 3, 5 and 10(2) CPR – Addition of defendants where presence necessary to effectually and completely adjudicate disputes; Probate/estate disputes – validity of will and beneficiaries’ interests; Avoidance of multiplicity of proceedings; Discretionary nature of joinder and timing of applications.
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31 May 2024 |
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24 May 2024 |
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24 May 2024 |
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24 May 2024 |
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24 May 2024 |
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24 May 2024 |
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24 May 2024 |
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24 May 2024 |
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24 May 2024 |
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21 May 2024 |
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8 May 2024 |
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8 May 2024 |
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8 May 2024 |
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8 May 2024 |
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3 May 2024 |
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Interim stay requires a notice of appeal, pending substantive application and credible evidence of imminent execution.
Civil procedure – Interim stay of execution – Three-part test: competent notice of appeal; substantive application pending; imminent threat of execution – Evidence required to show imminent execution – Taxed bill of costs and uncorroborated sale allegations insufficient.
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3 May 2024 |
| April 2024 |
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Court upheld plaintiffs’ titles, found state trespass in settling refugees, ordered valuation-based compensation and costs.
Land law – title indefeasibility and fraud exception; conversion of customary land to freehold; boundary opening and survey evidence; refugee settlement land; state trespass by settling refugees without consent or compensation; remedies – declaratory relief, valuation-based compensation, costs.
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29 April 2024 |
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Dismissal for want of prosecution without ruling on application constituted material irregularity; matters reinstated.
Civil procedure — Revision under s.83 Civil Procedure Act — scope limited to jurisdictional error, illegal or material irregularity. Civil procedure — Order 17 Rule 5 CPR — dismissal for want of prosecution — applicability where parties have filed pleadings and submissions. Procedural fairness — duty to determine pending application (leave to appear and defend) before dismissing main suit. Remedy — setting aside decision, reinstatement of matters and remittal to trial court.
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29 April 2024 |
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Appellants’ document failed to prove inter vivos gifts or a valid will; estate found intestate and appeal dismissed.
Succession law – intestacy – validity of purported will and gift deed (DE1) – requirements for inter vivos gifts (intention, delivery, acceptance) – formalities under Succession Act – shifting evidential burden on balance of probabilities.
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29 April 2024 |
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Death of a plaintiff does not automatically invalidate amended pleadings; suit may continue under Order 24 with representative joined.
Civil procedure – Death of a party – Order 24 Rule 2 – continuation of suit by surviving plaintiffs and joinder of legal representative; Amendment of plaint – omission of deceased plaintiff – Order 1 Rule 10(2) – whether omission warrants striking out; Misjoinder/non‑joinder – Order 1 Rule 9 – remedial joinder/substitution.
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29 April 2024 |
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Appeal held competent; respondent failed to prove detinue, trial judgment set aside and costs each party to bear.
Civil procedure – appeal competency – computing time under s.79(2) Civil Procedure Act; Appeal pleading requirements – Order 43(2) CPR – argumentative grounds struck off; Tort of detinue – burden of proof – requirement to prove possession, right to immediate possession, identification of property, and that defendant took possession; Appellate reappraisal of evidence on first appeal.
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29 April 2024 |
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Registered title upheld subject to equitable interests; defendants awarded one room each and caveat vacated.
Land law – indefeasibility of title; fraud exception; equitable interests of deceased lawful occupant; proprietary estoppel/acquiescence granting rights to rooms; succession law on dependant relatives; invalid caveat covering whole title; trespass.
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29 April 2024 |
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Family endorsement and Administrator General’s certificate made plaintiffs fit administrators; caveat vacated and costs awarded.
Succession law – appointment of administrators – family meetings and Administrator General’s certificate as evidence of fitness; intermeddling – permissible preservation and management of estate pending grant; customary heirship does not confer automatic legal administration rights; caveat – vacated where no reasonable grounds.
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29 April 2024 |
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Appellants’ prior purchase prevailed; subsequent sale to respondents was null, granting appellants ownership, eviction and damages.
Land law – Competing sale agreements – priority of competing equitable interests – qui prior est tempore, potior est jure. Evidence – Construction and evaluation of multiple sale agreements and documentary evidence. Reliefs – Declaration of ownership, eviction, damages and permanent injunction where subsequent sale is nullity. Bona fide purchaser – validity of title where vendor previously sold to another.
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26 April 2024 |
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26 April 2024 |
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Prior or predecessor firm’s instructions do not automatically disqualify counsel absent particularised confidential information.
Advocates' professional conduct – conflict of interest – Regulation 4 (Advocates (Professional Conduct) Regulations) – disqualification – prior or predecessor firm’s representation – need for particularised proof of confidential information – substantial relation test.
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19 April 2024 |
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Appellant’s inheritance claim failed; respondent’s purchase and possession proved, appeal dismissed and damages upheld.
Land law – ownership disputes – proof by purchase and possession – evidential weight of sale agreement and witness testimony. Evidence – first appellate court duty under s.80 Civil Procedure Act to re-evaluate evidence and draw independent inferences. Title by inheritance – requirement to prove transmission of possession and credible supporting evidence. Remedies – trespass, injunctions and general damages; appellate interference with damages limited to exceptional cases.
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19 April 2024 |
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Dismissal of taxation application for non-appearance was set aside where a pre-taxation meeting and filed consent required the taxing officer to tax disputed items.
Civil procedure — Taxation of costs — Advocates (Remuneration and Taxation of Costs) Regulations — Rule 13A (pre-taxation meeting) requires parties to identify agreed items and taxing officer to tax remaining items. Taxation practice — Rule 54 grants taxing officer discretion to proceed ex parte, adjourn or extend time; dismissal for non-appearance where pre-taxation steps occurred is improper. Appeal — Registrar/Deputy Registrar decisions — interference only in exceptional circumstances where law or taxation principles not followed.
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19 April 2024 |