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Citation
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Judgment date
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| December 2010 |
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16 December 2010 |
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16 December 2010 |
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The trial was nullified due to a defective charge sheet, and the appeal was dismissed without ordering a retrial.
Criminal Law - Obtaining registration by false pretence - Defective charge sheet - Prejudice to accused - Lack of evidence for fraud.
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9 December 2010 |
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Court appointed Administrator General pendente lite and ordered DNA tests to resolve disputed paternity in an estate-administration dispute.
Succession — Letters of Administration — Administrator pendente lite — Section 218 Succession Act — appointment to preserve estate pending revocation proceedings; Succession — alleged maladministration and post-grant transfers — admissibility of certified title and bank records; Civil procedure — case management and adjournments; Evidence — competence to tender documents (sketches/maps); Family law/succession — disputed paternity — court-ordered DNA profiling and sampling of non-party individuals.
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1 December 2010 |
| July 2010 |
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The second defendant breached a contract of carriage when the plaintiff's cargo was destroyed in transit.
Breach of Contract - Carriage of Goods - Bailment - Contract - Negligence - Remedies for Breach
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7 July 2010 |
| June 2010 |
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An alleged right of way involving deprivation of property must be brought by plaint and proved at trial; notice of motion was inappropriate and appeal allowed.
Civil procedure – Proper mode of commencing proceedings – Notice of motion versus plaint – Order 4 r.1 CPR and S.19 CPA. Property law – alleged easement/right of way – requirement for full trial and proof on balance of probabilities. Access to Road Act – statutory form and sketch requirement; inapplicability where procedure not followed. Affidavits – competence, commissioning and altered documents – effect on credibility and entitlement to interlocutory relief. Constitutional protection of property (Article 26) relevant where deprivation is alleged.
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2 June 2010 |
| April 2010 |
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Court finds defendants liable for defamation of a business owner, awarding damages and an injunction.
Defamation – Publication of defamatory material – Vicarious liability – Damages – Publication by association secretary.
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8 April 2010 |
| March 2010 |
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High Court rules that disability arising from assault extended time for filing civil suit, setting aside lower court's dismissal.
Civil Procedure - Limitation of Actions - Extension of time due to disability - Administration of justice without undue regard to technicalities
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23 March 2010 |
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Appeal succeeds as court misapplied limitation laws allowing for disability provisions in assault claim.
Limitation of Actions - Disability and Extension under the Limitation Act; Liability and Damages for Assault and Property Damage.
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23 March 2010 |
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Court rules appellant not a trespasser and upholds Kibanja interest with order for compensation or purchase by respondent.
Land Law - Trespass - Customary land rights - Kibanja interest - Proper parties in suit - Compensation under Article 26.
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19 March 2010 |
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Lessee's ejectment claim dismissed: re‑entry terminated lease, suit time‑barred, and company lacked board resolution to sue.
Property law – mailo tenure and leases – Section 176 RTA protection of registered proprietor after successful re‑entry; Limitation Act and laches – six‑year limitation for contract‑based claims and relief against forfeiture; Company law – authority to sue requires board resolution where Articles demand it; unchallenged documentary evidence may dispose of substantive claims at preliminary stage.
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3 March 2010 |
| February 2010 |
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The appellant successfully appealed a lower court decision dismissing his claim for compensation for the destruction of his charcoal store.
Property law – Demolition of property – Evaluation of evidence in claims for compensation – Unauthorized demolition and destruction claims.
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26 February 2010 |
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A magistrate may exercise discretion to extend appeal time and exclude time spent obtaining certified records.
Civil procedure – extension of time to appeal; s.79 Civil Procedure Act – court may admit appeal despite lapse of time; time taken to obtain certified copies excluded from limitation computation; Chief Magistrate's discretionary power; avoidance of multiplicity of suits; abuse of process.
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23 February 2010 |
| November 2009 |
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Court set aside an ex-parte order, allowing applicant to defend despite late filing, prioritizing substantive justice over technicalities.
Civil Procedure – Setting aside ex-parte orders – Late filing of defence – Res judicata – Interlocutory orders – Fair hearing – Substantive justice over technicalities.
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20 November 2009 |
| October 2009 |
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Court dismissed challenge to Letters of Administration, affirming defendants as estate beneficiaries based on paternity.
Family law - paternity dispute - revocation of Letters of Administration - evidentiary burden in proving biological paternity
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30 October 2009 |
| September 2009 |
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The court confirmed that a taxpayer can use a retrospective VAT calculation method despite procedural irregularities.
VAT - Standard Alternative Method - procedural approval - retrospective application - tax refunds - taxpayer rights
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17 September 2009 |
| July 2009 |
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Court granted a vesting order for land sale rights where possession and price payment were undisputed.
Land law - vesting order - sale of land - purchase price payment - possession and acquiescence by vendor's representatives.
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10 July 2009 |
| June 2009 |
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A written statement of defence filed out of time without leave is incompetent and the trial proceeds ex-parte as to quantum only.
Civil procedure – filing of written statement of defence out of time – no leave of court – effect – defendant deemed to admit liability – trial proceeds ex-parte as to quantum only.
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16 June 2009 |
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Court ordered a general meeting of a company to be called despite lack of quorum due to absent shareholders.
Company Law - Power of court to order meetings - Quorum requirements in absence of members - Revival of company affairs.
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15 June 2009 |
| February 2009 |
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The court found the defendant vicariously liable for the driver's negligence, awarding damages to the injured passengers.
Tort Law – Negligence – Vicarious Liability – Public Service Vehicle – Scope of Employment – Inevitable Accident Defense.
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9 February 2009 |
| January 2009 |
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7 January 2009 |
| August 2008 |
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Court recognizes the transfer of property to bona fide purchasers despite fraudulent acquisition by the seller.
Land law - bonafide purchaser for value - indefeasibility of title - fraud in land registration - Executors' rights in estate administration.
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29 August 2008 |
| May 2008 |
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Plaintiffs failed to prove bona fide occupation, adverse possession, or fraud in lease allocation; suit dismissed with costs.
Land law – road reserve converted to plots – bona fide occupancy and customary tenure – adverse possession requirements (animus possidendi) – allocation procedure and lawfulness of lease grant – insufficiency of fraud particulars.
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9 May 2008 |
| December 2007 |
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14 December 2007 |
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A valid registered title and prior degazettement protected the plaintiff’s land; injunction and substantial damages awarded.
Land law – certificate of title conclusive under Registration of Titles Act – degazettement of forest reserve by statutory instrument – purchaser for value without notice protected – injunction and damages for unlawful interference and defamation.
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13 December 2007 |
| September 2007 |
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Beneficiaries occupying disputed land can sue; fraud vitiates title and bona fide purchaser defence fails where buyer had notice.
Land law — Capacity to sue: beneficiaries and longtime occupants may protect estate interests; Fraud in land transactions — pleading and proof; Bona fide purchaser — notice defeats protection; Jurisdiction — magistrate cannot cancel registered title; Admissibility — photocopies not objected to in trial.
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11 September 2007 |
| August 2007 |
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Plaintiffs not entitled to gratuity, pension; proper forum for NSSF claims is Judicial Review proceedings.
Employment law – Gratuity – NSSF contributions – Locus standi in employment benefits claims – Pension entitlement for public officers.
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21 August 2007 |
| October 2006 |
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Widespread, organised intimidation and proven election offences by the respondent invalidated the parliamentary election result.
Election law — non‑compliance with Parliamentary Elections Act, 2005 — procedural irregularities at polling stations; Election law — organised intimidation and violence by candidate’s supporters — effect on free and fair election; Election offences — misuse of government vehicle for campaign, organising groups for use of force (s.24(b)), undue influence (s.80); Remedies — setting aside election, fresh poll, costs.
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30 October 2006 |
| September 2006 |
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Whether the defendant is vicariously liable for its employee's negligent driving causing injury and damages to the plaintiff.
Motor vehicle accident – negligence of driver – vicarious liability of employer – assessment of credibility of eyewitnesses and police sketch plan – no contributory negligence – award of special and substantial general damages.
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20 September 2006 |
| May 2006 |
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Court found an unregistered Islamic marriage valid and held disputed land belonged to the deceased, granting administration and costs.
Family law – Validity of Mohammedan/Islamic marriage without registration; Evidence – burden of proof in competing land ownership claims; Land law – mailo title and customary ownership claims; Trustee appointment and consent to registration; Remedies – removal of caveat and grant of letters of administration.
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25 May 2006 |
| March 2006 |
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Whether adults displaced as children can enforce past deprivation of childhood education after prior settlement.
Constitutional law – social and economic right to education – justiciability and enforceability; res judicata and prior settlements; limitation and capacity of minors/next friends to sue.
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28 March 2006 |
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Rape—ingredients of offence—sexual intercourse—lack of consent—burden of proof—credibility of witnesses—corroboration—evidence consistency—police conduct—abuse of process—flawed investigations—reasonable doubt—acquittal
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7 March 2006 |
| January 2006 |
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Appeal allowed: lease offer ineffective for non‑compliance with acceptance terms and absence of mandatory ministerial consent.
Property — Public land lease offers — Acceptance must comply with express conditions (written acceptance within time and payment) — Survey/deed plans do not substitute for acceptance — Minister’s prior written consent mandatory for grants over 500 acres under Public Lands Act 1969 — Burden on claimant to prove fulfilment of conditional extension — Trial court’s mis‑evaluation and burden‑shifting corrective on appeal.
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11 January 2006 |
| December 2005 |
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Applicants demobilised from a security service entitled to unpaid terminal benefits; court awards damages, interest and costs.
Employment law – status of security operatives – demobilisation versus lawful termination Remedies – terminal benefits, pension, gratuity, arrears, allowances and general damages Limitation/time bar – pleadings, admitted facts and exhibit defeating time‑bar defence Evidence – absence of respondent's evidence and lack of pleaded cause for summary dismissal Relief – award of damages, interest and costs
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12 December 2005 |
| November 2005 |
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A state Bar school's exclusion of an NCHE‑licensed university law graduate was unlawful, discriminatory and subject to judicial review.
Administrative law – judicial review of admissions decisions; legal education – status of NCHE-licensed university law degree as qualifying under Advocates Act; discrimination and natural justice – exclusion by state vocational Bar school based on university origin unlawful; remedies – certiorari, declarations, admission order, costs and damages.
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22 November 2005 |
| September 2005 |
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The court ruled that instruction fees must reflect case complexity and value, adjusting awarded fees accordingly.
Taxation of costs - instruction fees - principles for assessing fees - judicial discretion - case complexity.
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1 September 2005 |
| June 2005 |
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Whether the respondent bank may claim interest after liquidation and whether misposted drafts can be recovered from the applicant.
Banking law – breach of banker’s duties – wrongful postings and refusal to supply account documents – entitlement to general damages and quantum. Banking law – effect of regulatory seizure/liquidation on bank’s ability to enforce contractual rights – recovery of interest on outstanding balances. Evidence – insufficiency of unsigned deposit slips and hearsay – dismissal of counterclaim for misposted bank drafts. Equitable estoppel – protection where bank’s actions induced reliance and reduced indebtedness.
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20 June 2005 |
| April 2005 |
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Court finds no valid land sale agreement; plaintiff declared a trespasser, must pay damages for wrongful occupation.
Property law – Sale of land – Validity of agreement – Misrepresentation and trespass – Damages for unlawful occupation.
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29 April 2005 |
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Whether a respondent may rely on registered title after occupying property in breach of an interim injunction.
Civil procedure – Temporary injunction to preserve status quo – Prima facie case, irreparable injury and balance of convenience – Occupation in breach of interim injunction – Registration and bona fide purchaser defence limited where occupation follows violation of court order – Equitable doctrine: clean hands.
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22 April 2005 |
| March 2005 |
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Interdiction under Regulation 36 is intra vires; natural justice applies during investigation, not before interdiction.
Public Service interdiction – Regulation 36 PSC Regulations – interdicting public officers in public interest – pre-hearing requirement and natural justice – Regulation 43 investigation rights – certiorari and prohibition as remedies – ministerial 'loose minute' not a removal decision.
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18 March 2005 |
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Summary dismissal without reasons or a hearing violated natural justice; plaintiff awarded damages, pension arrears, interest and costs.
Employment law – wrongful/summary dismissal – natural justice – necessity to give reasons and opportunity to be heard; Arbitrary workplace policy – discriminatory or subjective criteria; Remedies – damages, pension arrears, interest and costs; Reinstatement discretionary where harassment risk exists.
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17 March 2005 |
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Whether a contested company letter and prior payments bar further compensation for a workplace injury.
Personal injury at workplace – compensatory damages – whether prior payment constituted full and final settlement; authenticity of settlement letters – probative value of handwriting evidence and denial of authorship; award of interest.
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4 March 2005 |
| September 2004 |
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A registrant who purchases for value without notice and registers after caveat removal may evict alleged occupants lacking bona fide occupant status.
Land law – sale and registration – bona fide purchaser for value without notice – caveat removed before registration; bona fide occupant – Section 29(2)(a) Land Act – requirement of 12 years unchallenged occupation prior to Constitution; fraud in conveyancing – burden to attribute fraud to transferee; remedies – eviction, damages, interest and costs.
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10 September 2004 |
| May 2004 |
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21 May 2004 |
| March 2004 |
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29 March 2004 |
| November 2003 |
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The applicant recovered an unpaid overdraft; the court found guarantors liable and awarded interest and costs.
Banking law – recovery of overdraft – proof of advance and indebtedness – guarantees and security (mortgage, deposit of title) – demand notice – default judgment – joint and several liability – interest award.
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3 November 2003 |
| October 2003 |
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The court dismissed claims of fraud and mental incapacity in land transfer due to lack of evidence and awarded costs to the Defendant.
Land law – registration of titles – allegations of fraud and mental incapacity in execution of land transfers – burden of proof in fraud cases
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7 October 2003 |
| June 2003 |
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Court upheld lawful acquisition of land, rejecting defendant's customary tenancy claims, ordered eviction and awarded damages.
Land Law - Title acquisition - Customary tenancy - Nullification of prior transactions under Expropriated Properties Act.
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11 June 2003 |
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11 June 2003 |
| December 2002 |
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Administrative disciplinary process breached Article 42; decisions declared void and applicant awarded terminal benefits, general and punitive damages.
Administrative law – disciplinary procedure – natural justice; Constitutional law – Article 42 right to fair administrative hearing – non-derogable; Remedies – declaration of nullity, restitutional terminal benefits, general and punitive damages; Pleadings – general damages need not be specifically pleaded in constitutional redress; Courts’ power to frame issues and grant relief at judgment.
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19 December 2002 |