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Citation
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Judgment date
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| October 2025 |
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Originating summons inappropriate for contested succession dispute involving rival wills; ordinary suit required.
Succession law – Validity and revocation of Wills – Originating Summons (Order 37) competence – contentious succession disputes requiring viva voce evidence – duty to annex central testamentary documents – Section 252 (lapse of petition/caveat) – Certificate of No Objection by Administrator General.
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16 October 2025 |
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Court grants administrator a six-month extension to file an estate inventory, requiring inclusion of assets under processing.
* Succession Act s273 – duty to exhibit inventory within six months; court’s power to extend time.
* Civil procedure – Order 51 Rule 6; court discretion to enlarge time and Section 98 inherent powers.
* Sufficient cause – pending asset verification (pension, lease renewal) does not automatically excuse delay; administrator must disclose assets under process.
* Administrator obligations – inventory must state known assets and indicate those awaiting confirmation.
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13 October 2025 |
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Dispute over sale agreements found to touch SACCO business; suit referred to arbitration and each party ordered to bear own costs.
* Cooperative Societies Act, s73(1)(b) – mandatory arbitration for disputes "touching the business" of a registered society between a member and the society.
* Interpretation of "touching the business" – broadly construed to include transactions and documentation used to secure loans for SACCO operations.
* Civil Procedure Act, s79(2) – exclusion of time taken by the court to prepare certified copies when computing appeal period.
* Civil Procedure Act, s27(1)-(2) – costs ordinarily follow the event but court may order otherwise where good cause exists, including dismissal on a debatable preliminary point.
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13 October 2025 |
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First appellate court found the disputed parcel distinct from the earlier decree and the respondent lawfully acquired it, not a trespasser.
Land law – identity of parcel in successive suits; execution and boundaries; proof of ownership by possession; sale by person previously adjudged trespasser; evidentiary rule that documents marked for identification but not exhibited lack probative value; trespass – requirement of possession and unlawful entry.
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13 October 2025 |
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Court upheld one execution consent due to payment but set aside the other for material errors and mis-designation of counsel.
* Civil procedure – Review under Section 82 and Order 46 Rule 1 – setting aside consent judgments for errors apparent on the face of the record.
* Consent judgments – approbation and estoppel where a party performs terms (part payment) – effect on challenge to consent.
* Advocates’ conduct – alleged signing without client instructions, mis-designation of counsel and its effect on validity of consent agreements.
* Res judicata – scope and when earlier rulings bar subsequent relief.
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10 October 2025 |
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Stay refused where decree had been lawfully executed, applicant delayed and failed to provide required security.
Stay of execution — requirements for grant (substantial loss, no unreasonable delay, security, special circumstances) — effect of a decree already executed/vacant possession — delay and failure to provide security fatal — collateral criminal allegations do not justify stay.
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6 October 2025 |
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Interlocutory judgment set aside for ineffective substituted service; leave granted to file defence out of time.
Civil procedure – Order 9 Rule 27 CPR – Setting aside interlocutory/ex parte judgment: sufficient cause includes lack of effective service; substituted service may be good in form but ineffective in fact; uncontradicted affidavit can be prima facie proof of lack of notice; inherent powers (Section 98 Civil Procedure Act/Judicature Act) permit leave to file defence out of time where triable issues exist.
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6 October 2025 |
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Whether an ambiguous magistrate’s judgment amounts to material irregularity warranting revision under Section 83 CPA.
Civil Procedure – Revision under Section 83 CPA; jurisdiction vs merits; material irregularity where judgment ambiguous and unenforceable; licensee occupation vs proprietary interest in land; supervisory powers to improve orders to prevent injustice.
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6 October 2025 |
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Appeal allowed: reinstatement granted where counsel’s misadvice constituted sufficient cause and execution did not bar merits hearing.
Civil procedure – appeals – competence of appeal against order rejecting application to set aside dismissal (Order 44 Rule 1(1)(b)); Set-aside of default judgment – reinstatement – sufficient cause/good cause where delay attributable to counsel’s negligence or misadvice; Execution – completed execution does not automatically bar substantive relief or reinstatement; Duty to prosecute – litigant’s responsibility versus counsel’s failures; Appellate re-evaluation – first appellate court’s duty to reassess evidence in totality.
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2 October 2025 |
| September 2025 |
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Interim stay granted where a pending substantive stay and imminent dispossession risk could render appeal nugatory.
Interim stay of execution – threshold requires pending substantive application and serious threat of execution – preservation of status quo to avoid rendering substantive remedy nugatory – merits and security reserved for substantive application.
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30 September 2025 |
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Court granted a one‑year extension of expired letters of administration, subject to inventory and completion conditions.
Succession Act — expiry of grants under s.337(2); discretionary extension under s.337(4); relevance of s.256(3) criteria (best interest of beneficiaries, compliance, beneficiary consent); statutory inventory requirement s.273(1); conditional one‑year extension to complete administration.
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29 September 2025 |
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Failure to hold a scheduling conference and deciding unpleaded succession issues vitiated the trial judgment; appeal allowed.
Civil procedure – scheduling conference mandatory (Order 12 Rule 1(1)) – failure fatal only if it affects merits; Pleadings – court bound by pleadings; Succession law – will invalid without two attesting witnesses (Succession Act requirements); Evidence – ownership on balance of probabilities; Costs – costs follow the event (Civil Procedure Act).
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29 September 2025 |
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Electricity infrastructure disputes fall within the Electricity Disputes Tribunal, ousting magistrate court jurisdiction.
Revision (s.83 CPA) — Supervisory, not appellate; Magistrates' civil jurisdiction — subject‑matter, pecuniary and territorial limits; Electricity Act (s.67, s.70, s.118) — licenced entry, compensation procedures, and jurisdiction of Electricity Disputes Tribunal; Ouster of ordinary courts — statutory scheme can confer exclusive jurisdiction; Material irregularity — denial of hearing versus jurisdictional ouster.
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29 September 2025 |
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Court renewed the applicant’s expired letters of administration for one year and allowed six months to file final account.
Succession law – extension and renewal of expired letters of administration; filing inventory and final account – Section 273, Section 337(4) and Section 256(3) Succession Act; evidentiary requirement — submissions from the bar disregarded if unsupported by affidavit; beneficiaries’ consent as factor in extension.
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22 September 2025 |
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Appeal dismissed for want of prosecution due to appellant's repeated non-appearance; costs awarded to respondent.
Civil procedure – Appeal – Dismissal for default in appearance and for want of prosecution – Order 43 Rule 14 and Order 43 Rule 31 – Appellant's repeated non-appearance – Costs awarded to respondent.
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22 September 2025 |
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Default judgment set aside where bureaucratic delay and prior extension showed sufficient cause; matter ordered heard inter partes.
Civil procedure – Setting aside ex parte/default judgments – Order 9 Rule 12 – sufficient cause – bureaucratic delay and prior extension of time; Constitutional law – right to fair hearing (Art.28) and substantive justice (Art.126(2)(e)); Access to Information – public interest favouring inter-partes determination; Appellate review – re-appraisal of exercise of discretion.
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22 September 2025 |
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Ownership of materials upheld; special damages set aside; general damages reduced with interest.
Civil procedure; assessment of conflicting evidence on ownership — balance of probabilities; admissibility and weight of police eyewitness testimony in civil proceedings; requirement for pleading and strict proof of special damages; appellate restraint on damages awards but interference where wrong principle or manifest excess; interest discretionary but statutory 6% applicable to valid awards.
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22 September 2025 |
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Failure to prove decree subsistence and to rebut honest claim of right led to acquittal of trespass, damage and theft charges.
Criminal law – criminal trespass, malicious damage and theft – honest claim of right (Section 7 Penal Code) – prosecution must disprove defence beyond reasonable doubt; evidentiary weight of decrees and restraining orders – necessity to prove subsistence and execution status; first appellate court’s duty to re-evaluate evidence and resolve reasonable doubt.
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22 September 2025 |
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Court conditionally extended expired letters of administration for two years but required a full, verified inventory and final account.
* Succession Act – Sections 273(1), 337(2) & (4) – duty to file inventory and render account – expiry and extension of letters of administration.
* Estate administration – completeness, accuracy and veracity of inventories; court supervision to prevent mismanagement.
* Extension of time – sufficient cause, absence of dilatory conduct, best interests of beneficiaries and beneficiaries’ consent as guiding factors.
* Conditional extension – enabling administration while enforcing compliance and transparency.
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22 September 2025 |
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Probate extended and late inventory permitted where non-dilatory executors faced land-registry delays and beneficiaries consented.
* Succession Act – extension of letters of probate – applicability of Section 255 for grants issued after 31 May 2022 – court discretion to extend where in beneficiaries' best interests and sufficient cause shown. * Estate administration – extension of time to file inventory under Section 273 – sufficient cause includes delays beyond administrators’ control (e.g., land registry delays). * Beneficiaries' consent – weight of consent in justifying extension.
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22 September 2025 |
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The court granted the applicant leave to file a delayed final account under the Succession Act and its inherent jurisdiction.
Succession Act (s.273) – final accounts – timing and contents; Inherent jurisdiction – extension of time (Judicature Act s.37; Civil Procedure Act s.98); Administrator General oversight – transmission of copies; Delay justification – recovery of property and death of co-administrator; Renewal of letters not a bar to filing final account.
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22 September 2025 |
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Parol evidence cannot contradict an uncontested written sale agreement; locus in quo and unsupported agency findings vitiated trial judgment.
* Evidence — Parol evidence rule — Written sale agreement naming purchaser — Uncontested primary document cannot be contradicted by oral testimony absent exceptions (fraud, mistake, etc.). * Agency — Pleadings and proof — Agency must be pleaded or clearly proven; absence of power of attorney or pleadings undermines agency finding. * Locus in quo — Purpose limited to verifying adduced evidence; introducing new or irrelevant evidence or questioning beyond trial record is improper. * Appeal — First appellate court duty to reappraise evidence though allowance made for not having seen witnesses.
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22 September 2025 |
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Applicant granted unconditional leave to defend a summary suit after raising arguable frustration/impracticability defences.
* Civil procedure — Order 36 summary procedure — leave to appear and defend; * Contract law — frustration and impracticability as a defence to performance under a revenue-collection contract; * Evidentiary threshold at leave stage — arguable/bonafide triable issues versus sham defence; * Unconditional versus conditional leave; * Procedural consequence — filing of Written Statement of Defence and costs in the cause.
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22 September 2025 |
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Administrator substituted as plaintiff where land cause of action survives and Letters of Administration issued.
Civil procedure – Substitution of parties upon death – Order 24 Rules 1 & 3(1), Order 1 Rule 13 – Cause of action in land disputes survives death – Letters of Administration as proof of legal capacity – Court’s inherent powers (Judicature Act, Civil Procedure Act).
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22 September 2025 |
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Court extended expired letters of administration to enable completion of estate administration despite procedural defects.
* Succession Act s.337(2),(4) – expiry and court’s discretion to extend Letters of Administration; extension to protect beneficiaries' interests.
* Affidavits – joint affidavit irregular; best practice requires individual affidavits reflecting personal knowledge; irregularity may be overlooked to secure substantive justice.
* Succession Act s.273(1) – requirement to file inventory within six months; late inventory irregular but not necessarily fatal where delay is minor and justified.
* Civil procedure and constitutional principle – Article 126(2)(e) invoked to prioritize substantive justice over procedural technicalities.
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15 September 2025 |
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High Court dismissed applicant’s bid for personal representative because an identical magistrate order subsisted—res judicata and abuse of process.
Mental Health Act (ss.61–62) – appointment of personal representative; res judicata; abuse of court process; jurisdictional limits of High Court supervisory powers; proper remedies to challenge lower court orders (set aside or appeal).
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15 September 2025 |
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Court validated late inventory and extended administrators' letters two years due to ongoing estate asset litigation.
* Succession Act (ss.256(3), 273(1)) – renewal/extension of letters of administration – conditions: beneficiaries' best interest, substantial compliance, written consent.
* Validation of late inventory – "good cause" where ongoing estate litigation prevents timely filing; court’s inherent jurisdiction to relieve procedural irregularity.
* Extension of time for final account – justified by pending disputes over estate assets preventing distribution.
* Practice – unanimous beneficiary consent supports extension; costs ordered each party to bear own costs.
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15 September 2025 |
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An undated, uncommissioned affidavit renders a succession application incompetent and leads to dismissal with costs.
Succession application — renewal/extension of letters of administration — supporting affidavit must be dated and commissioned — Oaths Act and Commissioners for Oaths (Advocates) Act — uncommissioned affidavit incompetent — motion struck out and dismissed with costs.
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15 September 2025 |
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Failure to timely file statutory inventory and show sufficient cause justified refusal to extend letters of administration.
Succession Act – Section 337(2) and (4) – expiry and discretionary extension of grants; Succession Act – Section 273(1) – mandatory duty to file inventory and account within statutory time; Sufficient cause – requirement for particularised, verifiable reasons and demonstrable diligence; Effect of late filing – inventory filed without leave is nullity; Beneficiaries’ consent – useful but does not substitute statutory compliance.
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15 September 2025 |
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Court extended letters of administration and allowed late inventory filing due to land registry delays and beneficiaries’ consent.
* Succession Act – extension of expired letters of administration – statutory discretion to renew for reasonable period.
* Estate administration – leave to file inventory and account out of time – sufficient cause and absence of dilatory conduct.
* Administrative delays at land registry as external cause justifying extension; beneficiaries’ consent and best interests required for renewal.
* Costs of application payable out of the estate.
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15 September 2025 |
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Application to compel production of a transfer form dismissed for lack of proof of service, depriving court of jurisdiction.
Civil procedure – service of process – requirement for affidavit of service under Order 49 r.2 and Order 5 r.16; Jurisdiction – absence of proof of service nullifies competency of proceedings; Constitutional law – right to fair hearing (Art 44(c), Art 28(1)) and requirement that parties be accorded notice; Evidence – absence of affidavit of service as fatal to application.
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15 September 2025 |
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Court extended Letters of Administration and granted leave to file a comprehensive inventory out of time, citing sufficient cause and beneficiary interests.
Succession law – renewal and extension of Letters of Administration – enlargement of time for filing inventory – sufficient cause for delay – requirements for comprehensive inventory – best interests of beneficiaries – statutory discretion of court.
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8 September 2025 |
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Court renewed lapsed letters of administration and allowed filing of estate inventory out of time, subject to strict inventory requirements.
Succession Act(s 337(2),(4); 256(3); 273) – Renewal of lapsed Letters of Administration – extension for reasonable period; Extension of time to file inventory – requirements for a full and true inventory; Beneficiary consent and absence of negligence as grounds for extension; Judicial discretion to protect beneficiaries’ interests.
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8 September 2025 |
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Court overrules preliminary objections of limitation and res judicata, allowing veterans' compensation suit for eviction to proceed.
Civil procedure – preliminary objection – limitation of actions – acknowledgment – Section 22 & 23 Limitation Act – res judicata – necessity for factual determination beyond pure point of law – effect of government acknowledgments on limitation period.
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8 September 2025 |
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Leave to appeal was granted on whether requiring a substantial deposit as a condition to defend infringes the right to fair hearing.
Civil procedure – leave to appeal – standing of non-parties – effect of subsequent default judgment – conditional leave to defend – right to fair hearing – abuse of judicial discretion
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2 September 2025 |
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An application for contempt of court was dismissed where the respondent's non-compliance was not proven to be willful defiance.
Contempt of court – Elements – Willful disobedience – Standard of proof – Lawful justification for non-compliance – Civil Procedure – Enforcement of court orders.
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2 September 2025 |
| August 2025 |
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A court may order the removal of a caveat when the caveator fails to actively pursue their claim or show just cause for delay.
Land law—caveats—Registration of Titles Act—beneficiary caveat under intestacy—requirements for caveatable interest—duty of caveator to pursue substantive suit—vacation of caveat for lack of active prosecution of claim—compensation for unlawful caveat lodging—costs.
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19 August 2025 |
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The High Court lacks jurisdiction to extend time for filing a Notice of Appeal to the Court of Appeal.
Civil procedure – Jurisdiction to extend time – Whether High Court has jurisdiction to extend time for filing Notice of Appeal to the Court of Appeal – Rule 5 of Judicature (Court of Appeal Rules) Directions – Inherent powers of the High Court – Appropriateness of forum for application for extension of appeal time
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19 August 2025 |
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A subsequent estate claim over land was dismissed as res judicata following prior final judgment in favor of a third party.
Civil procedure – amendment of pleadings – joinder of parties via consent order – limitation of actions – accrual of cause of action – fraud and limitation – res judicata – effect of prior suits over same subject matter – estate administration and finality of litigation.
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19 August 2025 |
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Court declined to revoke expired Letters of Administration or extend inventory filing time, finding no valid justifications offered.
Succession law – Administration of estates – Revocation of Letters of Administration – Effect of expiry of administrative grant – Extension of time to file inventory – Powers of court after grant expiration – Dilatory conduct by administrators.
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19 August 2025 |
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Conditional leave granted to amend memorandum of appeal, subject to compliance with rules on drafting grounds of appeal.
Civil procedure – amendment of pleadings – leave to amend memorandum of appeal – requirements for grounds of appeal – delay, procedural compliance, and substantive justice – Order 43 CPR.
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19 August 2025 |
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An interim stay of execution cannot be granted after the main stay application has been dismissed.
Civil procedure – interim stay of execution – requirement for pending substantive application – effect of dismissal of substantive stay application – execution of judgment pending appeal.
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18 August 2025 |
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An application to extend estate administration was denied due to mismanagement, non-compliance, and beneficiary opposition.
Succession law – Letters of administration – Renewal or extension – Duties of administrators – Requirement for timely filing of inventories – Loss of beneficiary consent and trust – Appointment of new administrators – Section 337 of the Succession Act.
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18 August 2025 |
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Administrators' request to extend expired estate letters refused due to vague affidavits and lack of supporting evidence.
Succession law – extension of letters of administration – requirement for sufficient, detailed grounds – fiduciary duties of estate administrators – evidentiary standards for applications for extension – procedural compliance in affidavits and supporting documentation. |
18 August 2025 |
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The court validated a late-filed estate inventory and extended probate to enable the executors to complete complex estate administration.
Succession law – extension of probate – validation of late-filed estate inventory – powers of court to amend pleadings – effect of procedural defects – consent of beneficiaries – proper administration of estates involving foreign assets.
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18 August 2025 |
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Court granted extension of time to file inventory and extended letters of administration due to ongoing litigation over estate’s main asset.
Succession law – Administration of estates – Extension of time to file inventory – Extension of letters of administration – Criteria for sufficient cause – Delay due to protracted litigation over main estate asset – Court discretion under Succession Act – Beneficiary consent significant.
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18 August 2025 |
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Extension of letters of administration denied due to lack of diligence, evidence, and beneficiary consent.
Succession law – Extension of letters of administration – Duty to file inventory – Whether ignorance or unsubstantiated obstacles justify extension – Evidence required – Consent of beneficiaries – Proper administration of estates.
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18 August 2025 |
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A party alleging government contempt for unpaid court awards must prove wilful, mala fide disobedience beyond reasonable doubt.
Civil procedure – contempt of court – requirements for proof – government compliance with court orders – fiscal and administrative constraints as good faith efforts – mandamus – civil contempt proceedings – public administration.
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18 August 2025 |
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The court granted the executors an extension of probate and leave to file the estate inventory out of time, citing sufficient cause.
Succession law—extension of grants—failure to file inventory—application for leave to file out of time—whether sufficient reason exists—role of executor diligence—interpretation of Section 273(3) and Section 337(4) Succession Act—beneficiary consent—estate administration timelines—discretion of court in probate matters.
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18 August 2025 |
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An appeal was dismissed for want of prosecution due to the Appellant’s repeated non-appearance at hearings.
Civil Procedure – Appeal – Dismissal for want of prosecution – Non-appearance of appellant – Powers of court to dismiss appeal where appellant shows lack of interest by repeated absence – Order 43 rules 14 and 31 of Civil Procedure Rules considered.
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18 August 2025 |