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Citation
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Judgment date
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| January 2026 |
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The appellant’s appeal was struck out for procedural defects; gift of intestate property invalid without letters of administration.
Civil procedure – Appeals to High Court – requirement to commence appeals by memorandum of appeal and within statutory time – necessity of extracted decree or final order on record; Succession law – intestate property – gifts by widow prior to grant of letters of administration invalid (Section 187 Succession Act).
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28 January 2026 |
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Unperfected gift inter vivos leaves land in the deceased’s estate; sale without letters of administration is invalid.
Succession law – gift inter vivos – completion during donor’s lifetime; Succession Act (letters of administration) – widow cannot validly dispose of intestate property; nemo dat quod non habet; conversion to administration cause; sale set aside.
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23 January 2026 |
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Police violated the applicant’s right against torture; arrest lawful; claim against the complainant dismissed; UGX 2,000,000 awarded.
Constitutional rights enforcement – alleged police torture and inhuman treatment – standard of proof in civil human rights claims – burden shifts upon production of medical evidence – lawfulness of arrest and detention under Police Act and Criminal Procedure – remedies and quantum of redress; dismissal for failure to disclose cause of action against private complainant.
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20 January 2026 |
| December 2025 |
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Whether the respondent lacks mental capacity and whether the applicants should be appointed joint personal representatives under the Mental Health Act.
Mental Health Act – determination of mental capacity for court proceedings requires medical assessment by authorised practitioner (s.54) – Court may find person lacks capacity (s.59(3)(b)) – appointment of suitable relative as personal representative (s.61) – powers of personal representative (s.62) – inventory and accounts obligation (s.63) – reporting and review (s.59(7)(b)).
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30 December 2025 |
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Court dismissed exhumation/DNA application due to lack of consent, expired grant and need to pursue relief in an administration cause.
Exhumation and DNA testing – succession disputes – exceptional circumstances required for DNA orders – consent and data-protection (Data Protection and Privacy Act) – constitutional privacy (Articles 27 and 41) – administration cause preferred to ex-parte applications – expired grant undermines entitlement.
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30 December 2025 |
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Delay in filing a civil appeal excused due to counsel’s procedural mistake; extension granted to file a memorandum of appeal.
Civil procedure – Enlargement of time to file appeal – Section 79 CPA and Order XLIII CPR – Memorandum of Appeal required for civil appeals – Mistake of counsel as sufficient cause – Curable procedural defects – Balancing finality and right to be heard.
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30 December 2025 |
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Plaintiff had standing and a cause of action, but removal under the company’s articles was valid; suit dismissed with each party bearing own costs.
Company law – Membership and removal in non‑share companies – Validity of removal under articles – Locus to sue – Cause of action – Companies Act provisions on representation (s142), voting (s141), minutes (s148), inspection (s169) and register omissions (s121) – Internal affairs judicial restraint – Limited remedies for minority members – Cross‑border enforcement/long‑arm jurisdiction concerns.
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30 December 2025 |
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Whether the state demonstrated good cause under Section 28(6) to extend time to appeal an acquittal.
Criminal procedure – Extension of time to lodge appeal – Good cause required under s.28(6) – Appeals statutory – Shah doctrine – Appeals against acquittals permissible only in exceptional circumstances (points of law, new/compelling evidence or interference, public interest) – Registrar to cause-list appeal.
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30 December 2025 |
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Sale agreement voided for lack of mental capacity (non est factum); appeal dismissed and costs awarded to respondent.
Land law – Validity of sale – Mental capacity to contract – Non est factum – Evidence Act s.92 exception to parol evidence rule – Locus in quo corroboration – Burden on balance of probabilities.
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11 December 2025 |
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Appellate court upheld that the plaint disclosed a cause of action and affirmed liability and damages for unlawful land distribution.
Civil procedure – Pleading – whether a plaint discloses a cause of action (Order 7 Rule 1(e)) – standard of cursory review; Civil procedure – Departure from pleadings – amendments and discretion to allow amended pleadings (Order 6 Rule 7); Local Councils – acts outside statutory mandate may give rise to personal liability; Damages – awarding general damages for unlawful distribution and property damage.
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11 December 2025 |
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Succession Act governs competing claims to deceased person’s land; matter remitted for administration cause; adverse possession inapplicable.
Land law – Limitation and adverse possession – plaint fixes cause of action (January 2014) so suit not time-barred; permissive occupation negates animus possidendi. Succession Act – distribution of deceased’s immovable property – title disputes must be determined in an administration cause; rejection of distribution deed precludes establishing ownership in ordinary trespass claim. Evidence Act s.110 – burden of proof on ownership and effect of departure from pleadings.
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11 December 2025 |
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Appeal dismissed for want of prosecution after the appellant failed to file directed written submissions; deposited sale agreement returned and costs awarded.
Civil procedure – Appeal – Abandonment/want of prosecution due to failure to file submissions – Order XLIII Rule 31 CPR – Dismissal of appeal – Return of deposited document – Costs awarded.
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11 December 2025 |
| November 2025 |
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Appeal dismissed for inordinate delay in service and failure to prove ownership; trial court's reliance on respondent's sale agreement upheld.
Civil procedure – competence of appeal – service of memorandum of appeal within statutory time; Evidence – burden on balance of probabilities; Land law – proof of ownership and effect of prior judgments on document credibility; Admissibility – Illiterates Protection Act and requirement for translation/certification of documents thumb‑printed by alleged illiterates.
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28 November 2025 |
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Court confirmed plaintiff’s title, vacated caveat, awarded mesne profits, general damages and costs; unpleaded special damages rejected.
Property law – sale agreement and title – unlawful termination of sale and wrongful lodging of a caveat; possession and mesne profits; special damages must be specifically pleaded and proved; disbursements and advocate fees to be addressed by taxation of costs; assessment of mesne profits and general damages.
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28 November 2025 |
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Long, open, continuous possession extinguished plaintiffs' title; land awarded to defendant by adverse possession.
Land law – Limitation Act (12 years) – Adverse possession – elements: actual, open, continuous, exclusive possession – Gift inter vivos ineffective if donor's title extinguished – Appellate re‑appraisal of evidence.
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28 November 2025 |
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An out-of-time appeal challenging an LC1 consent agreement was dismissed; consent judgments are binding absent fraud or mistake.
Civil procedure — appeals — limitation period under Section 79 Civil Procedure Act — appeal filed out of time and no extension sought; Local Council Courts Act — LC1 jurisdiction over land disputes and binding effect of consent/reconciliation agreements (Section 9(1)(e); Section 31(1)) — consent judgments enforceable except where procured by fraud, mistake or misrepresentation; abuse of process in attempting to reopen settled consent matters.
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27 November 2025 |
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Failure to promptly notify regulatory refusal was a breach; plaintiff awarded rental and general damages with interest and costs.
Contract law — Option and lease agreement; condition precedent (regulatory consent) and duty to notify; proof of service of notice; proof of special damages; mitigation of loss; damages for unpaid rent and general damages.
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27 November 2025 |
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Affidavit improperly attested and no sufficient cause shown to reinstate a suit after the underlying lease expired; application dismissed, costs awarded.
Civil procedure – Reinstatement of suit – Order IX Rule 23 and Section 98 – sufficiency of cause; Affidavits – foreign attestation – Oaths Act Section 12 – requirement of commissioned commissioner of oaths and filing originals; Cause of action – expiry of lease obliterating suit (Order VI Rule 29); Enforcement – contempts and jurisdiction of originating court; Costs awarded to respondents.
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26 November 2025 |
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Canine tracking, post‑mortem and corroborative circumstantial evidence established the accused's guilt for the juvenile's murder.
Criminal law – Murder of a juvenile – Essential ingredients: death, unlawful act, malice aforethought, and participation. Evidence – Circumstantial evidence and corroboration; canine tracking as supporting evidence linking primary and secondary scenes. Evidence – Weight of unsworn testimony and alibi versus documentary contradiction (attendance register). Forensic evidence – Post‑mortem finding of suffocation by strangulation as proof of unlawful death and malice. Procedure – Trial judge may differ from assessors on participation but must give reasons under Section 83(3) Trial on Indictments Act.
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26 November 2025 |
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Accused minors convicted of murder on circumstantial evidence, canine corroboration and proximate threats.
Criminal law – Murder – elements required: death, unlawful act, malice aforethought, causation – burden on prosecution to prove beyond reasonable doubt. Evidence – circumstantial evidence, prior threats and motive – inference of intention or knowledge (malice aforethought). Evidence – canine tracking and scene-of-crime photographs – corroborative value; cannot stand alone. Defence – alibi requirements: absence, lack of opportunity, impossibility to commit the crime; alibi rejected where contradicted by circumstantial evidence. Children/Minors – prosecution of minors and evidential/age documentation considerations.
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26 November 2025 |
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Appeal dismissed: land was not family land; documentary evidence supported respondent’s lawful purchase and ownership.
Land law – family land – meaning and proof of family land under section 39(4) Land Act; spousal consent under section 40. Succession law – effect of spouse’s death on claims to property; requirement of administration under Succession Act. Evidence – admissibility and weight of documentary evidence (Evidence Act ss.60,61,92(1)); parol evidence rule. Property – distinction between family land, matrimonial property and licence/possessory use. Civil appeal – re-evaluation of evidence by first appellate court and deference where documentary proof is compelling.
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25 November 2025 |
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Failure to hold a scheduling conference is not fatal unless it causes a miscarriage of justice; applicant's revision dismissed.
Civil procedure — Revision under Section 83 — Scheduling conference (Order 12 Rule 1) — Non-compliance not fatal absent miscarriage of justice — Power to frame/amend issues (Order 15 Rule 5) — Material irregularity defined as procedural error causing prejudice — Revision dismissed.
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13 November 2025 |
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Appellant failed to prove ownership; respondent's authorized entry onto communal/road-adjacent parcel did not amount to trespass.
Evidence — Burden of proof in civil cases — Ownership and possession — Trespass requires proof of unauthorized entry — Community authorization/communal land — Credibility and material contradictions — Locus visit corroboration.
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13 November 2025 |
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Application for court-ordered access road dismissed for failure to follow Section 62 procedures and to negotiate.
Roads Act 2019 s.62 — access road to public road; requirement to negotiate with adjoining owners; ministerial leave and compensation; business name not a juristic person; premature application — failure to exhaust statutory remedy.
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13 November 2025 |
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Whether a Chief Magistrate may set aside a Grade One Magistrate’s default judgment and hear the main suit.
Magistrates’ jurisdiction – Chief Magistrate’s supervisory powers – Order 9 Rule 27 CPR – Section 220(2)–(3) Magistrates Courts Act – setting aside default judgments – ultra vires acts – nullity of proceedings where court lacks jurisdiction – execution and sale of mortgaged property to be challenged in executing court.
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13 November 2025 |
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Applicant failed to show magistrate lacked jurisdiction or acted with material irregularity; revision dismissed.
Civil revision — Section 83 Civil Procedure Act — jurisdictional review; Arbitration and Conciliation Act — enforcement of arbitral awards; Cooperative Societies Act — court for registered societies; Requirement to furnish arbitral award and arbitration agreement (Section 35 ACA); material irregularity test; evidential burden and admissions.
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13 November 2025 |
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The appellant may amend its defence and file a counterclaim out of time; trespass is a continuing tort not defeated by limitation.
Civil procedure – Amendment of pleadings (Order 6 Rule 19) – Counterclaim (Order 8 Rule 2) – Limitation Act – Trespass as a continuing tort – Section 25 (discovery) – Exercise of judicial discretion.
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13 November 2025 |
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High Court set aside a consent settlement endorsed after judgment as the magistrate was functus officio; revision succeeded in part.
Civil revision (s.83 CPA) – procedure for revision; service and timeliness of revision applications; functus officio – illegality of endorsing consent after judgment; error apparent on record; material irregularity and ownership disputes in landlord-tenant execution proceedings.
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13 November 2025 |
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Court allowed correction of owner in plaint, holding amendment did not change the cause of action and avoided multiplicity.
Civil procedure – Amendment of pleadings – Order 6 Rule 19 – Correction of description of owner – Whether amendment changes cause of action – Multiplicity of proceedings – Prejudice and costs.
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13 November 2025 |
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Appellate court upheld ownership and trespass finding, dismissing challenges to locus visit and damages award.
Land law – ownership and trespass – locus in quo – verification not evidence-filling – weight of circumstantial evidence – trespass actionable per se – general damages and judicial discretion on interest.
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13 November 2025 |
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Court held prolonged interdiction without hearing unlawful, awarded arrears, damages and costs.
Judicial review – Interdiction of public officer – Prolonged interdiction beyond prescribed periods – Breach of Public Service Standing Orders – Procedural impropriety and right to fair hearing (Article 28) – Exhaustion of remedies – Mootness – Award of salary arrears and general damages.
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13 November 2025 |
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Appeal dismissed: closure for repeated non-attendance justified and appellant failed to prove ownership of the land.
Civil procedure – appeal – computation of time excluding time taken to prepare record; extraction of decree technicality not fatal. Civil procedure – trial management – closure of party’s case for repeated non-attendance under Order 17 Rule 4. Evidence – documentary proof of ownership – distribution agreement and local council decisions assessed for probative value. Locus visits discretionary.
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13 November 2025 |
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Suit dismissed because subsequent appellate orders remitted the underlying proceedings, altering the claim’s foundation.
Civil procedure – ex parte orders and execution – setting aside ex parte proceedings – effect of appellate order remitting matter to trial court – change in foundation of subsequent civil claim; preliminary objection of res judicata.
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13 November 2025 |
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Court pierced the corporate veil where the company was used to frustrate enforcement of an existing consent judgment.
Company law – Piercing the corporate veil – Section 20 Companies Act; Civil Procedure Act s.98; Order 52 CPR – Company used as a façade to evade enforcement of a consent judgment – Proof of assets and documentary evidence required to defeat veil-piercing – Exceptional remedy where company interposed to frustrate existing obligations.
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13 November 2025 |
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Appeal dismissed: appeal timely; trial magistrate's discretionary award of costs upheld; each party to bear own costs.
Civil procedure – appeals – computation of time for appeals; section 79(2) CPA – time for preparation of record excluded. Civil procedure – costs – discretionary award by trial court; appellate interference only for misdirection or error in principle.
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13 November 2025 |
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Appellants' challenge to ownership and alleged forgery failed; evidential will and LCII findings upheld and appeal dismissed.
Civil procedure; appeal from magistrate — evaluation of evidence on first appeal; ownership of land — testamentary disposition and documentary evidence; forgery/fraud allegations must be pleaded and strictly proved; limitation of actions (12 years) — cause of action dated to 2007 sale; res judicata cannot be raised first on appeal.
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13 November 2025 |
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Appeal dismissed for lack of leave; trial court properly exercised discretion to require preliminary points be heard in the main suit.
Civil procedure – Interlocutory appeals – Ruling on preliminary point of law requires leave to appeal – Appeals are creatures of statute; Order 6 Rule 28 – points of law ordinarily raised in pleadings but not exclusively so – inherent jurisdiction to prevent abuse of court process – multiplicity of proceedings – trial court’s discretion to have preliminary points heard in main suit.
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13 November 2025 |
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Reinstatement by counsel’s letter without statutory motion was materially irregular; reinstatement set aside and counterclaim struck out.
Civil procedure — Revision under Section 83 CPA — Material irregularity in exercise of jurisdiction; Civil procedure — Death of party and substitution — Order 24 Rules 1, 4 and 12 CPR — Mandatory motion supported by affidavit and letters of administration; Pleadings — Amendment/counterclaim — requirement for leave and proper procedure; Procedural fairness — lawyer’s letter cannot substitute for statutory motion.
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13 November 2025 |
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Court struck out suit and referred dispute to arbitration; arbitration clause binds non-signatory parties claiming through a signatory.
Arbitration and Conciliation Act (Cap 4) – Section 5(1) mandatory referral to arbitration – Section 9 ousting court jurisdiction – separability of arbitration clause – non-signatories bound where claiming through or under a party (parent-subsidiary/officer relationships) – arbitral tribunal’s jurisdiction (Section 16) to determine validity and jurisdiction.
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13 November 2025 |
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Respondent held in contempt for failing to produce court‑ordered loan documents; ordered to produce or permit inspection within 30 days.
Contempt of court – failure to comply with directions to produce loan agreement, inter‑bank agreements and bank statements – confidentiality claims not a defence to production – court power to order inspection or production – non‑production may frustrate trial; costs awarded.
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13 November 2025 |
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Written sale agreement upheld; plaintiff failed to prove coercion or lack of spousal consent; registered proprietor’s title affirmed and caveat removed.
Property law – validity of written sale agreement – parole evidence rule and Evidence Act – oral evidence cannot vary a written contract. Land law – family land and spousal consent – definition of family land under the Land Act; spousal consent not required if land not family land. Title and registered proprietorship – bona fide purchaser for value without notice – protection of registered proprietor. Reliefs – caveat removal and limits of remedies under Registration of Titles Act.
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11 November 2025 |
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Acquittal for aggravated defilement due to insufficient, uncorroborated and medically inconclusive prosecution evidence.
Criminal law – Sexual offences – Aggravated defilement – prima facie case requirement under Section 74(1) Trial on Indictments Act; Bhatt v R test. Evidence – Child complainant evidence – need for corroboration and caution. Medical evidence – hymenal absence without tears or semen is inconclusive; delay in reporting undermines forensic corroboration. Evidence Act s30 – limits on admissibility of out-of-court statements in the absence of applicable exception.
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10 November 2025 |
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An innocent URA error misattributing a TIN must be remedied via statutory data-protection procedures; no civil damages awarded.
Data protection – application of the Data Protection and Privacy Act to public bodies; misuse/misattribution of TINs; correction procedures (s.16) and administrative complaint to the Authority (s.31); Tax Procedures Act s.55/s.66 – offence of using false TIN; innocent administrative error rectified by URA does not automatically give rise to civil damages.
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7 November 2025 |
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An affidavit sworn before an advocate not authorised to practise is invalid and vitiates proceedings, warranting dismissal on revision.
Administrative and procedural law – Commissioner of Oaths (Advocates) Act – only practising advocates with valid practising certificates may act as commissioners for oaths; commission terminates on ceasing to practise. Evidence – Validity of affidavits – an affidavit sworn before a person not authorised to act as commissioner of oaths is invalid and vitiates proceedings. Civil Procedure – Order 19 r 3(1) – a defective supporting affidavit goes to the root of the application. Revision – High Court’s powers under section 83 of the Civil Procedure Act to set aside proceedings founded on invalid affidavits.
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7 November 2025 |
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Limitation and adverse possession do not defeat a spouse’s matrimonial property rights in a subsisting customary marriage.
Family law – Customary marriage – Property acquired during marriage presumed matrimonial property; Limitation Act and adverse possession do not extinguish a spouse’s declaratory claim to matrimonial interest while marriage subsists; transfers of matrimonial land without consultation or dissolution are legally defective.
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7 November 2025 |
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An appellate court will not disturb a trial court’s refusal to award costs absent demonstrated abuse or overlooked matters.
Civil Procedure — Costs — section 27 Civil Procedure Act — costs generally follow the event but are in the court's discretion. Appellate review — interference with costs orders — only where discretion is not judiciously exercised or is abused. Burden on appellant to show overlooked matters or improper exercise of discretion.
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7 November 2025 |
| October 2025 |
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Possession supported by prior sale agreements shifts burden to challenger; distribution deeds cannot establish title without letters of administration.
Land law – ownership and possession – burden of proof where possessor shown to be owner (Evidence Act s.110); Succession law – distribution deeds insufficient to establish title absent letters of administration (Succession Act s.187); recovery of land versus trespass; evidential value of earlier sale agreements; due diligence when buying family/shared land.
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31 October 2025 |
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Court allowed the applicant an extension to file an appeal, finding sufficient cause despite a lengthy delay.
Civil procedure – extension of time to appeal – Section 79(1)(b) Civil Procedure Act – "good cause" discretion. Civil procedure – computation of limitation – Section 79(2) excludes time to obtain copies of decree/record. Civil procedure – appeals to High Court – Order XLIII Rules 1–2: appeal must be by memorandum with concise grounds. Execution/taxation – enlargement of time to appeal does not automatically stay execution; stay requires express order.
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31 October 2025 |
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Alleged lack of company resolution for a judgment affidavit is an appealable admissibility issue, not grounds for revision.
Revision — Civil Procedure Act s.83(1) — limited revisional jurisdiction; material irregularity or illegal exercise of jurisdiction required — admissibility/authority to swear affidavit vs jurisdiction — company authority to sue — default judgment in summary proceedings.
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31 October 2025 |
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Circumstantial evidence, recovered stolen property and flight established the accused’s guilt for murder and aggravated robbery.
Criminal law – Murder – malice aforethought established by multiple repeated blunt-force head injuries and attendant circumstances; Aggravated robbery – theft, violence and possession/use of deadly weapon proved by recovery of victim’s property; Evidence – circumstantial and res gestae evidence, burden and standard of proof; Alibi – requirement that prosecution disprove alibi by placing accused at scene; Assessors’ opinion considered and adopted.
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31 October 2025 |