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Citation
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Judgment date
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| 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 |
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Proceedings discontinued and applicant released after finding unlawful prolonged remand of a juvenile in an adult prison.
Children Act – determination of age by medical evidence; prohibition on detention of children with adults (s134(8)); prohibition on remanding children in adult prisons (s136(6)); remand time-limit for capital offences (s136(5)(a)) – Judicature Act s17(2)(a) – inherent power to discontinue prosecutions for abuse of process and undue delay – indictment sufficiency under Trial of Indictments Act.
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23 October 2025 |
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Delivery of title and vacant possession rendered the plaintiff’s breach-based claims moot, justifying dismissal on preliminary objection.
Civil procedure – Preliminary objections – scope includes jurisdiction, admissibility and mootness; lack of cause of action where claim satisfied by delivery of title and vacant possession; Order VII Rules 1(g) and 7 – requirement to plead reliefs with particularity; special damages require particulars; reputational damage claim may be a defamation action.
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23 October 2025 |
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A court cannot determine entitlement to a deceased’s property without letters of administration; the claim must proceed as an Administration Cause.
* Succession law – Succession Act – letters of administration/probate required before rights to an intestate’s property can be established; proceedings against estate must be in an Administration Cause.
* Civil procedure – Effect of death of a party – suit must be halted or converted to administration; ordinary civil court lacks jurisdiction to adjudicate intestate property without administration.
* Jurisdiction – Orders made without jurisdiction are nullities; illegality vitiates substance of judgment.
* Evidence – Marital status and entitlement to share in estate are matters for an administration cause once a party dies.
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23 October 2025 |
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Medical and witness evidence proved penetration, lack of consent and use of force, resulting in conviction of the accused for rape.
* Criminal law – Rape – Elements: penetration, lack of consent, use of force, participation – Proof beyond reasonable doubt.
* Evidence – Medical report (PF3A) corroborating penetration and injuries.
* Evidence – Identification and corroboration by close relatives; timing and circumstances reducing risk of mistaken identity.
* Defence – Uncorroborated denial and allegation of fabrication insufficient to raise reasonable doubt.
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23 October 2025 |
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Mere motive and prior threats without evidence of participation do not establish a prima-facie case for murder.
Criminal law – No case to answer – sufficiency of evidence under s.74(1) Trial on Indictments Act – prima-facie test (Rananlal T. Bhatt) – motive and prior threats admissible but insufficient alone for murder – canine and eyewitness evidence implicating co-accused – proximity of threats (Waihi).
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23 October 2025 |
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Remand over 180 days entitled applicant to mandatory bail, but bail denied due to unaddressed public safety concerns.
* Constitutional law – Bail – Article 23(6)(c) – entitlement to mandatory bail where remand exceeds 180 days before committal to the High Court.
* Criminal procedure – Bail Guidelines (Practice Directions, 2022) – balancing accused’s rights with public interest and complainant safety.
* Trial on Indictments Act – Sections 16 and 17(d) – surety requirements and judicial discretion to deny bail for public protection.
* Pre‑trial detention – effect of prosecutorial assertions and failure to rebut on bail applications.
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15 October 2025 |
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Applicant met 180-day remand threshold for mandatory bail but denied due to unaddressed public interest and safety concerns.
* Constitutional law – Bail – Article 23(6)(c) – mandatory bail where remand exceeds 180 days before committal to High Court.* Criminal procedure – Bail Guidelines (Practice Directions, 2022) – requirement to balance accused’s rights with public interest and complainant safety.* Statutory interplay – Trial on Indictments Act s.16(1)(b) (sureties) and s.17(d) (DPP opposition to bail).* Pre-trial detention – entitlement to apply for bail versus judicial discretion to deny where public protection concerns prevail.
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15 October 2025 |
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7 October 2025 |
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Accused convicted for aggravated robbery based on reliable identification, admitted panga possession, and contradictory defence.
Criminal law – Aggravated robbery – Identification evidence at night – Familiarity and moonlight as reliability factors; Non-production of exhibits not fatal to prosecution (Wanzama v Uganda); Burden and standard of proof (Woolmington v DPP; Miller v Minister of Pensions); Assessors’ opinion – judge’s duty to state reasons for departure under s.83(3) Trial on Indictments Act.
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7 October 2025 |
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Intestate property rights require letters of administration; appeal dismissed and matter converted to an administration cause pending grant.
* Succession law – intestacy – rights to property of deceased person require grant of letters of administration before courts may establish individual rights (Succession Act ss.20,187).
* Civil procedure – High Court appellate and supervisory powers – modification of trial orders and conversion to administration cause to prevent abuse and multiplicity of suits (Civil Procedure Act s.80; Judicature Act ss.16,17).
* Remedies – maintenance of eviction, demolition and injunction while suspending distribution pending administration; deposit of damages and taxed costs in court pending grant.
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3 October 2025 |
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Applicants' unsubstantiated claim of right failed; convictions for criminal trespass and malicious damage were affirmed.
* Criminal law – Criminal trespass (s.282(a)) – elements: entry, person in possession, unlawfulness, intent to intimidate or annoy. * Criminal law – Malicious damage to property (s.312(1)) – elements: property damaged, wilful/unlawful act, accused as perpetrator. * Defence – Honest claim of right (s.7 Penal Code Act) – burden and credibility of proof. * Evidence – constructive possession, corroboration by photographs and investigation officer. * Land law – family land disputes require court resolution; unilateral disposals not a defence in criminal proceedings.
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3 October 2025 |
| September 2025 |
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Prosecution proved rape where accused was caught in the act with a mentally incapacitated victim; accused convicted.
Criminal law – Rape – Ingredients: sexual intercourse, lack of consent (victim mentally incapacitated), use of force, participation; Evidence – identification in daylight and corroboration by medical report (PF3A); Unsworn defence – limited weight; Victim welfare – referral/treatment under Mental Health Act; Need for legal and systemic protections for mentally ill victims of sexual violence.
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25 September 2025 |
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Prosecution proved rape beyond reasonable doubt of a mentally incapacitated victim; accused found in the act.
* Criminal law – Rape – Elements: sexual intercourse, lack of consent, use of force, participation of accused; eyewitness identification in daylight; mental incapacity of victim affecting consent. * Evidence – Burden of proof remains on prosecution; conviction must be on strength of prosecution case, not weakness of defence. * Mental health – Court direction to DPP to explore diagnosis and treatment under Mental Health Act (ss.19–21).
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24 September 2025 |
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An appeal against vicarious liability for a vehicle accident failed where beneficial ownership and liability were established by evidence.
Tort – Negligence – Vicarious liability – Motor vehicle accident – Presumption of ownership under the Traffic and Road Safety Act – Rebuttable presumption – Standard for special and general damages – Civil procedure – Pleadings and burdens of proof – Appellate review
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2 September 2025 |
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Court granted conditional setting aside of ex-parte judgment, holding that illness may constitute sufficient cause for non-appearance.
Civil Procedure – setting aside ex-parte judgment – sufficient cause – illness as sufficient cause – exercise of judicial discretion – conditions imposed for setting aside ex-parte judgment.
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2 September 2025 |
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An application for leave to appeal out of time was dismissed as an abuse of process under Section 17(2) of the Judicature Act.
Civil Procedure – Leave to appeal out of time – Dismissal for want of prosecution – Abuse of process – Section 17(2) Judicature Act – Finality of dismissal – Distinction from mechanical dismissals under Civil Procedure Rules.
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2 September 2025 |
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The court convicted the accused of kidnapping for ransom and aggravated child trafficking, relying on circumstantial evidence and corroborated confessions.
Criminal law – Kidnapping with intent to procure a ransom – Aggravated trafficking in children – Circumstantial evidence – Weight of co-accused’s confession – Assessment of credibility and corroborative evidence – Disagreement with assessor opinions.
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2 September 2025 |
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Sufficient circumstantial and accomplice evidence may warrant conviction for kidnapping and trafficking despite lack of direct communication links.
Criminal law – Kidnap with intent to procure a ransom – Aggravated trafficking in children – Proof by circumstantial and corroborative evidence – Value of accomplice testimony – Departure from assessors’ advice.
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2 September 2025 |
| August 2025 |
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A losing claim to land inheritance without letters of administration cannot defeat a trespass judgment based on proven ownership.
Land law – trespass to land – determination of ownership – assessment of damages for trespass – necessity of grant of letters of administration for inherited claims – appellate review of factual findings.
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26 August 2025 |
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An appellant's claim to land ownership and trespass failed for lack of credible evidence, with the court upholding the respondent's title.
Land law – ownership – proof of title – action for trespass – evidentiary burden – appellate review – evaluation of evidence – conflicting accounts of acquisition – reliance on corroborative testimony – Evidence Act, Sections 101-110.
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26 August 2025 |
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An accused charged with murder and on remand over 180 days was granted mandatory bail under Article 23(6)(c) with conditions.
Criminal Procedure – Bail – Mandatory bail under Article 23(6)(c) of the Constitution – Capital Offence – Accused on remand over 180 days before committal – Substantial sureties – Community and complainant support – Absence of objection or risk of interference – Bail guidelines considered.
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26 August 2025 |
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The court convicted the accused of aggravated defilement after finding the prosecution proved all elements beyond reasonable doubt.
Criminal law – Aggravated defilement – Proof of age, non-consensual sexual intercourse, and participation of the accused – Burden and standard of proof in criminal cases – Credibility of victim testimony – corroboration by medical evidence.
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26 August 2025 |
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An appeal against a local council land judgment was dismissed as incompetent for lack of leave; court clarified forum jurisdiction under current Ugandan law.
Civil Procedure – Incompetence of appeal – Leave to appeal required – Jurisdiction of local council courts in land matters – Repeal of Section 76A of Land Act – Local Council Courts Act, Cap 18 applies.
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20 August 2025 |
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Failure to argue grounds of appeal in High Court proceedings led to dismissal for want of prosecution and costs against counsel.
Civil procedure – appellate practice – dismissal for want of prosecution – failure to argue grounds of appeal – mandatory procedures under Order 43 of the Civil Procedure Rules – costs against counsel personally.
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18 August 2025 |
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The High Court dismissed a revision application challenging attachment of company property, finding the remedy lay in appeal, not revision.
Civil Procedure – Revision – Jurisdiction – Attachment of property before judgment – Company property belonging to third party – Appropriateness of revision versus appeal – Order 40 Rule 5 Civil Procedure Rules – Section 83 Civil Procedure Act.
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18 August 2025 |
| July 2025 |
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Applicant's advanced age not sufficient to overcome flight risk concerns; bail application denied without prejudice.
Criminal Procedure – Bail – Discretionary Bail – Exceptional Circumstances – Advanced Age – Flight Risk
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18 July 2025 |
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Accused found guilty of aggravated defilement of a 6-year-old stepdaughter.
Criminal Law – Aggravated Defilement – Evidence of a child's age and sexual act – Admission of child's statements to third parties in absence of victim's testimony.
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18 July 2025 |
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The accused was found guilty of rape, with proof beyond a reasonable doubt established for all elements including non-consensual intercourse.
Criminal Law - Rape - Burden of proof - Identification and consent in charges of rape.
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18 July 2025 |
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Accused held guilty of aggravated robbery through direct participation and principal offender liability under Ugandan law.
Criminal law – Aggravated robbery – elements and proof beyond reasonable doubt – role of principal offenders in facilitating crime.
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18 July 2025 |
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Conviction of the accused for murder was based on proven ingredients, including unlawful death and accused's participation.
Criminal law – Murder – Ingredients of murder – Death, unlawful act, malice aforethought, and accused's participation – Competence of sign language interpreter in legal proceedings.
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18 July 2025 |
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The accused was convicted for defiling a 17-year-old after insufficient evidence of mental disability reduced the charge.
Criminal Law - Defilement - Aggravated defilement - Burden of proof - Minor Cognate Offense.
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18 July 2025 |
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15 July 2025 |
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Use of similar business names and logos in the same market may amount to passing off and intellectual property infringement.
Intellectual property – passing off – business names – likelihood of confusion – common law and statutory rights – trademark registration – remedies for infringement – injunction and damages.
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14 July 2025 |
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The court held that the respondent's appeal was filed within the statutory limitation period and dismissed the application.
Civil Procedure – Appeal – Limitation period – Section 79 Civil Procedure Act – Computation of time – Exclusion of time awaiting court record – Appeal filed within time – No proven procedural error.
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14 July 2025 |
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Court granted a short extension of time to file appeal despite procedural lapses, but ordered applicant to pay costs for delay.
Civil procedure – application for extension of time – reinstatement of appeal – failure to file Memorandum of Appeal – discretion of court in granting leave – costs for delay.
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14 July 2025 |
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Omission to endorse the notice recipient's details on a bill of costs does not invalidate taxation proceedings; requirement is directory.
Civil Procedure – Taxation of costs – Endorsement requirements under Regulation 48(1) of the Advocates (Remuneration and Taxation of Costs) Regulations – Whether omission to endorse recipient's name and address is fatal – Directory vs mandatory statutory interpretation.
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14 July 2025 |
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Leave to appeal was granted where interim injunction was issued without sufficient hearing or clarity, raising procedural fairness concerns.
Civil Procedure – Interlocutory appeals – Leave to appeal required for interim orders – Fair hearing – Discretion in granting injunctions – Scope and clarity of interim orders – Right to cross-examine in affidavit evidence.
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14 July 2025 |
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Court dismissed an application for appointment as personal representative due to insufficient proof of mental incapacity and applicant's suitability.
Mental health law – appointment of personal representative – incapacity to manage affairs – evidentiary requirements – suitability of applicant – proof of relationship.
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14 July 2025 |
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Review of dismissal of suit refused where applicant failed to show new evidence, error on record, or sufficient cause for absence.
Civil Procedure – review – discovery of new and important evidence – mistake or error apparent on record – sufficient cause – negligence of counsel – reinstatement of dismissed suit – discretionary judicial review.
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14 July 2025 |
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A judicial review application was dismissed for failure to exhaust remedies and because subsequent employment rendered the case moot.
Judicial review – local government employment – exhaustion of administrative remedies – mootness – appointment to equivalent office in another district – proper naming of respondent in suit – dismissal for want of live controversy.
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14 July 2025 |
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The court upheld that a suit to recover family land was not time-barred and affirmed equal distribution among beneficiaries.
Land law – Succession – Limitation of actions – Whether family land dispute was time-barred – Evaluation of evidence – Procedure at locus in quo – Proper determination of estate property and beneficiaries’ entitlement.
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14 July 2025 |