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Citation
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Judgment date
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| December 1993 |
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23 December 1993 |
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Defendant vicariously liable for collision; plaintiff awarded repair costs plus limited loss-of-use and general damages, with costs and interest.
Tort — Negligence — Road traffic collision — Motor vehicle entering main road from adjacent road — Vicarious liability of owner for driver’s negligence. Quantum — Special damages — Proof of repair costs by receipt; admissibility and challenge to garage receipt. Damages — Loss of use/loss of earnings — duty to mitigate; claimant must prove reasonable repair period to recover full non-use damages. Remedies — Award of repair costs, limited loss-of-earnings, general damages for inconvenience, costs and interest.
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22 December 1993 |
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20 December 1993 |
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Court referred whether election rules restricting campaigning breach Articles 8, 17, 18 and 20 of the Constitution to Constitutional Court.
Constitutional law – Election rules – Whether provisions restricting public campaigning and regulating candidates’ meetings contravene freedoms of expression, assembly and association and non-discrimination (Articles 8, 17, 18, 20) – Reference to Constitutional Court under Article 87 and Rule 3(2).
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14 December 1993 |
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Whether specified Constituent Assembly Election Rules infringe fundamental rights and require referral to the Constitutional Court.
Constitutional procedure – referral under Article 87 and Rule 3(2) – whether trial court must refer substantial questions of constitutional interpretation to Constitutional Court; Constitutional rights – freedom of expression, assembly and association (Articles 8, 17, 18) and non-discrimination (Article 20) – challenge to election rules limiting campaigning and meetings; sufficiency of affidavits to ground a reference.
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14 December 1993 |
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Circumstantial evidence raising suspicion cannot sustain a murder conviction where a reasonable alternative hypothesis exists.
Criminal law – Murder – essential ingredients: death, unlawful causation, causation by accused, malice aforethought. Circumstantial evidence – conviction only where facts are inconsistent with innocence and exclude all reasonable alternative hypotheses. Reasonable doubt – mere suspicion, however strong, insufficient to convict; benefit of doubt where a third party’s involvement is plausible.
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6 December 1993 |
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Victim’s age and unlawful intercourse proved, but insufficient forensic linkage to convict accused of defilement; convicted of attempt to defile.
Criminal law – Defilement – Elements: proof of sexual intercourse, age under 18, unlawfulness and identity. Evidence – Medical opinion – weight limited where conventional procedures not followed. Evidence – Corroboration – eyewitness account and victim credible but need for forensic linking evidence. Proof beyond reasonable doubt – suspicion insufficient to convict on full offence; conviction for attempt where applicable.
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6 December 1993 |
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Section 1 notice under Act 20 of 1969 not required for Article 22(1) constitutional rights applications; S.I. No.26/1992 governs procedure.
Constitutional procedure – Article 22(1) jurisdiction for enforcement of fundamental rights – Article 22(5) rule‑making power – Section 1, Civil Procedure and Limitation (Misc. Provisions) Act 1969 inapplicable to Article 22 applications – validity and sufficiency of statutory notice – Fundamental Rights and Freedoms (Enforcement Procedure) Rules 1992 (S.I. No.26 of 1992).
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2 December 1993 |
| November 1993 |
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Court appointed joint guardians and imposed safeguards for sale and management of an infant’s land to protect educational interests.
Guardianship of infant’s estate – Section 9 Judicature Act – appointment and control of guardians; sale of land registered in minor’s name – Court approval and safeguards; Public Trustee cannot be joint trustee; proceeds to be banked and applied to infant’s education; half‑yearly reporting to Court.
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24 November 1993 |
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23 November 1993 |
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Local agent not liable where contract was with foreign manufacturer and claimed special damages were unproven.
Contract law – formation (offer, acceptance, consideration) – privity of contract; Agency – local agent's assistance/indent transmission does not make agent a contracting party; Delivery delays – statements of expected delivery times are informational unless contracted; Damages – special damages require strict, cogent proof.
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5 November 1993 |
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Allegations of fraud in a counterclaim must include specific particulars (facts, dates, sums) or be struck out.
Pleadings — Allegation of fraud — Order 6 r.2 Civil Procedure Rules requires particulars (facts, dates, sums) when claiming fraud or misrepresentation; vague allegations like "tricks and strategies" insufficient to disclose cause of action; failure to particularise fraud is a fundamental defect justifying striking out; costs awarded to successful preliminary objector.
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5 November 1993 |
| October 1993 |
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26 October 1993 |
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22 October 1993 |
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20 October 1993 |
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18 October 1993 |
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The court evaluates and rules on breach of contract and proper remuneration in a subcontractor agreement.
Contract Law – breach of contract – determination of liability – adequacy of performance and remuneration evaluation under subcontractor agreements.
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18 October 1993 |
| September 1993 |
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15 September 1993 |
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On revision the court set aside an excessive default sentence and substituted the lawful one-month default imprisonment.
Criminal law – sentencing – default imprisonment for unpaid fines – statutory maximum under s.192(d) Magistrates Courts Act – illegality of excessive default sentence – revisional correction.
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9 September 1993 |
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2 September 1993 |
| August 1993 |
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30 August 1993 |
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26 August 1993 |
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26 August 1993 |
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26 August 1993 |
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Court restrained title registration pending resolution of a dispute over succession and beneficiaries’ caveat.
Succession law – certificate of succession – dispute over extent of estate and right to deal with residual land. Land registration – caveat – interim restraint on Registrar of Titles pending determination of ownership. Interim relief – preservation of status quo, risk of irreparable harm where registration would defeat pending litigation.
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26 August 1993 |
| July 1993 |
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27 July 1993 |
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20 July 1993 |
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5 July 1993 |
| June 1993 |
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Court awarded 16 million shillings for severe burn injuries and 60% permanent disability to a minor.
Personal injury — General damages — Severe burns to a minor resulting from fallen transmission lines — Medical report and court observation — Permanent disability assessed at 60% and probable impotence — Quantum determined by recent local authorities rather than strict dollar conversion — Award of Shs.16,000,000 plus interest and costs.
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4 June 1993 |
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A minor electrocuted by a fallen transmission line awarded Shs 16,000,000 for severe injuries and 60% permanent disability.
Personal injury — electrocution and burns — assessment of general damages for pain, suffering and loss of amenities; permanent disability assessed at 60%; impotence likely though not conclusively proved; minor plaintiff; quantum guided by recent local authorities rather than strict dollar conversion.
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4 June 1993 |
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Court awarded substantial damages for severe electrocution burns to a minor, assessing 60% permanent disability and probable impotence.
Personal injury – electrocution and burns – assessment of general damages – permanent disability (60%) and probable impotence – dollar-conversion formula as guide, not mechanical rule – reliance on recent local authorities.
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4 June 1993 |
| May 1993 |
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13 May 1993 |
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The suit to reclaim government-controlled land under the Expropriated Properties Act, based on expired lease, was dismissed.
Property Law – Expropriated Properties Act – applicability to corporate trustees – lease expiration and repossession rights.
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10 May 1993 |
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Death proved and unlawful killing established, but provocation negated malice; conviction reduced to manslaughter and sentenced with remand credit.
Homicide — distinction between murder and manslaughter — requirement for malice aforethought; role of provocation in reducing murder to manslaughter. Evidence — dying declaration and eyewitness testimony may suffice to prove death and causation even without tendered post‑mortem report. Defences — provocation can reduce culpability; self‑defence requires proportionality and reasonable apprehension of death or grievous harm. Sentence — credit for time on remand when passing custodial sentence.
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3 May 1993 |
| March 1993 |
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3 March 1993 |
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Court appointed applicant guardian with authority to manage and deal with infant's land for the infant's benefit under court supervision.
Guardianship – appointment under section 9(a) of the Judicature Act; Infant property – management, development and disposal powers (mortgage, lease, sale) for infant's benefit; Court supervision – safeguarding infant's paramount interest when granting contractual powers to guardian.
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3 March 1993 |
| February 1993 |
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Court granted adoption without parental consent due to circumstances, ensuring the child's best interest.
Adoption law - compliance with statutory requirements - best interest of the child - consent waiver due to absence.
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26 February 1993 |
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16 February 1993 |
| January 1993 |
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A caveat must be backed by a protectable interest; respondents lacked such interest, so caveats were removed.
Land law – Caveat – Validity requires a protectable legal or equitable interest (s.148 RTA); Administrator‑General’s distribution and issuance of succession/letters; registration by successors; beneficiaries carved out by distribution lack protectable interest to support caveats; related suit by a minor does not validate caveats not lodged on the minor’s behalf.
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19 January 1993 |
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Application for temporary injunction to seize disputed vehicle dismissed for failure to show irreparable harm and balance of convenience.
Civil procedure — Temporary injunction (Order 37 r.1) — Requirements: prima facie case, irreparable injury, balance of convenience — Possession dispute over motor vehicle — Need for affidavit/evidence of risk of wasting or vandalisation — Application dismissed; vehicle remains with defendant.
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1 January 1993 |