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Citation
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Judgment date
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| December 2024 |
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18 December 2024 |
| November 2024 |
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Judicial review—internal remedies—exhaustion of statutory appeal process—section 57 Cap 262—status quo preservation—dismissal of university staff—appointment and tenure—stay of execution—injunction—prohibition—balance of convenience—substantial loss—irreparable injury—abuse of court process—mootness doctrine—statutory mandate—appeal rights—costs.
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25 November 2024 |
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25 November 2024 |
| October 2024 |
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16 October 2024 |
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4 October 2024 |
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1 October 2024 |
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1 October 2024 |
| August 2024 |
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26 August 2024 |
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26 August 2024 |
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26 August 2024 |
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26 August 2024 |
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2 August 2024 |
| July 2024 |
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16 July 2024 |
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12 July 2024 |
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An appeal against a deputy registrar’s order filed after the seven-day statutory period without leave is incompetent and struck out.
Civil procedure – Appeal from registrar/deputy registrar – Proper procedure under Order 50 (motion on notice) not Order 48 – Time limit for appeals from registrar’s orders under Section 79(1)(b) (seven days) – Requirement to obtain leave to appeal out of time – Appeal struck out for non-compliance.
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9 July 2024 |
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Appeal against deputy registrar struck out for being filed out of time without leave.
Civil procedure — Appeal from registrar/deputy registrar — Procedure under Order 50 (motion on notice) not Order 48 endorsement — Time limit under Section 79(1)(b) (seven days) — Leave required for appeal out of time — Appeal struck out for non‑compliance.
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9 July 2024 |
| June 2024 |
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26 June 2024 |
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19 June 2024 |
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18 June 2024 |
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17 June 2024 |
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13 June 2024 |
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10 June 2024 |
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9 June 2024 |
| May 2024 |
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30 May 2024 |
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27 May 2024 |
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27 May 2024 |
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23 May 2024 |
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16 May 2024 |
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Court refused eviction order where the protected 100m x 100m area was not adequately identified or proved.
Civil procedure – consequential orders and execution of decrees – a consequential order must flow directly from the judgment and cannot introduce fresh, unproven relief. Evidence – necessity of proven boundaries/identification for eviction orders; lack of demarcation precludes execution by vacant possession. Affidavits – defects in jurat are curable but non‑complying affidavits may be struck off; deponents need not produce written authority if competent on personal knowledge. Correction of judgment – limits of clerical corrections vs substantive alteration (slip rule and appeals).
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14 May 2024 |
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A High Court lacks jurisdiction to determine execution-related disputes reserved for the court that executed the decree.
Civil Procedure Act s.34(1) – questions relating to execution, discharge or satisfaction of a decree are for the court executing the decree. High Court jurisdiction – unlimited original jurisdiction subject to statutory limits; cannot entertain ancillary execution disputes executed by another court. Procedural law – execution-related disputes to be determined by executing court; preliminary objection on jurisdiction upheld.
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13 May 2024 |
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Contempt application dismissed for failure to file amended motion timely and to effect service as required.
Civil procedure — Service of process (Order 5 r1(2)-(3)) — failure to serve within 21 days fatal; Court’s discretion to dismiss for failure to progress suit (Order 17 r4); Amendment and leave to amend; Precedent on jurisdictional effect of non-service.
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13 May 2024 |
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Committal application dismissed for contempt due to an ambiguous injunction and insufficient admissible evidence.
Civil contempt – requirement of clear, unambiguous court orders, knowledge and intentional disobedience Interim injunctions – need for demarcation/evidence (surveys/maps) when land parcels are part of larger holdings Electronic evidence – authenticity and admissibility under the Electronic Transactions Act (metadata, chain of custody) Police action/arrests – criminal or human-rights remedies distinct from contempt proceedings
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13 May 2024 |
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Representative suit without court leave is incompetent; purchaser with equitable title entitled to transfer and protection.
Civil procedure – Representative suit – Order 1 r.8 and Order 7 r.4; failure to obtain leave renders suit incompetent. Succession law – Letters of administration – administrator as legal representative (Succession Act ss.180,192,264); locus standi of beneficiaries. Limitation – Claim to deceased’s estate – s.20 Limitation Act; objection rejected on facts. Land law – Equitable interest on contract of sale; bona fide purchaser doctrine; purchaser’s right to transfer where equitable interest established. Remedies – Declaration, mandatory transfer, permanent injunction, costs on counterclaim.
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13 May 2024 |
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Representative suit struck out for lack of leave; purchaser of 3,700 acres granted equitable title and ordered transferred.
• Succession law – locus standi: beneficiaries’ rights vis-à-vis administrator; effect of letters of administration on beneficiaries’ capacity to sue.
• Civil procedure – representative suits: mandatory leave and notice requirements under Order 1 r.8 and Order 7 r.4.
• Land law – equitable interest: purchaser for value, due diligence, and equitable title prior to registration; limitations of bona fide purchaser defence.
• Remedies – declaration of equitable ownership, order for transfer, and permanent injunction.
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12 May 2024 |
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Application to adduce fresh evidence on appeal dismissed for failure to show documents were unavailable despite reasonable diligence.
Civil procedure – Admission of additional evidence on appeal – Appellate discretion under section 80(1)(d) and Order 43 Rule 22(1) – Ladd v Marshall tests (due diligence, relevance, credibility, probable influence) – Public documents and requirement to obtain certified copies – Failure to show unavailability despite reasonable diligence – Application dismissed with costs.
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2 May 2024 |
| April 2024 |
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24 April 2024 |
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18 April 2024 |
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18 April 2024 |
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Appellant proved customary ownership; sale to purchasers of unregistered land was not protected, respondents liable for trespass and damages.
Land law – Customary tenure – Proof of customary ownership requires evidence of acquisition and use according to binding customary rules; factual possession and long use may establish ownership; Power of Attorney – agent suing for principal: procedural technicality excused where principal is disclosed; Unregistered land – bona fide purchaser for value without notice defence does not apply to unregistered land; Locus in quo – appellate review of credibility and extraneous findings.
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15 April 2024 |
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11 April 2024 |
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11 April 2024 |
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9 April 2024 |
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9 April 2024 |
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The truck driver’s negligence caused a fatal collision; the employer respondent held vicariously liable and ordered to pay damages.
Tort — Negligence: driver’s duty to other road users; vicarious liability of employer for employee’s negligence; assessment of damages under Law Reform (Misc. Prov.) Act ss.5–6; evidentiary weight of eyewitness and inspection reports versus hearsay; proof required for loss of dependency and special damages.
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8 April 2024 |
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8 April 2024 |
| March 2024 |
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Appellate court found trial magistrate misapplied evidence, declared the applicant owner and ordered respondent to vacate and pay costs.
Land law – customary tenure and proof of ownership by long possession and use; evidence – parties bound by pleadings; departure from pleadings – afterthought evidence to be rejected; credibility – material inconsistencies and contradictions; locus in quo – proper interpretation of physical features and map in determining boundaries and possession.
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28 March 2024 |
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A subsequent bail application requires a material change in circumstances; absent that, bail denied for serious murder charges.
Criminal procedure — Bail — Successive applications — Maintainable only upon material change in facts or law since earlier denial. Bail — Serious offences (murder) — Exceptional or material circumstances required to outweigh risk factors. Witness interference — Risk heightened by accused’s local leadership position (LC1). Local Government Act — LC3 lacks power to remove LC1; delegation does not neutralize interference risk.
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21 March 2024 |
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Successive bail applications require a material change in circumstances; absent that, a renewed bail application will be dismissed.
Criminal procedure – Bail – Successive bail applications – Maintainable only upon material change in facts or law – Mere repetition not permitted; court must identify fresh grounds to alter earlier decision. Criminal law – Aggravated robbery – Seriousness of offence, potential severe penalty, violence and multiple victims relevant to bail refusal. Evidentiary requirement – Medical proof required to substantiate claims of advanced age or inability to receive treatment in custody.
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21 March 2024 |
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19 March 2024 |
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19 March 2024 |