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Citation
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Judgment date
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| April 1994 |
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13 April 1994 |
| March 1994 |
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Advanced age (68) held to be an "exceptional circumstance" under section 14A, bail granted with bonds and reporting conditions.
Bail — Section 14A Trial on Indictments Decree — exceptional circumstances required for offences triable only by High Court — "advanced age" qualifies as exceptional circumstance — proof of age (medical report, charge sheet) — requirement to satisfy court applicant will not abscond — sureties and reporting conditions.
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21 March 1994 |
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Advanced age (68) held to be an "exceptional circumstance" under section 14A(1), bail granted with conditions.
Criminal procedure – Bail under section 14A(1) Trial on Indictments Decree – "Exceptional circumstances" – advanced age – proof of age by charge sheet and medical report – requirement to show non‑absconding – bail conditions imposed.
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21 March 1994 |
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Bail refused under s14A despite long remand because sureties were inadequate and applicants had previously jumped bail.
Criminal procedure – Bail under section 14A of the Trial on Indictments Decree – prolonged remand (15 months) as exceptional circumstance; Sufficiency and number of sureties – adequacy relative to number of accused and seriousness of charge; Prior bail-jumping – relevance to risk of absconding and discretionary refusal of bail; Court’s discretion – balancing prolonged remand against risk of non‑appearance.
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11 March 1994 |
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Defective particulars and an equivocal plea rendered the conviction for driving without third‑party insurance a nullity; conviction quashed.
Criminal law – defective particulars of offence – need to state day, time and place with reasonable clearness (Magistrates' Court Act s36(g)); statutory requirement for third‑party insurance (Motor Vehicle Insurance (Third Party Risks) Statute s2(1)); equivocal plea – where reply is not a clear plea of guilty the magistrate must record not guilty; combined effect of bad charge and equivocal plea renders proceedings a nullity; appellate revisionary powers (Criminal Procedure Code s341(1)).
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11 March 1994 |
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9 March 1994 |
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A certificate of title entitles the applicant to possession and damages for trespass.
Land law – registered certificate of title conclusive (Registration of Titles Act s.56); Trespass to land – cultivation and occupation; Remedies – eviction, general damages, interest and costs; Default defendants – proceedings under Civil Procedure Order 9 r.8.
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2 March 1994 |
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Certificate of title established ownership; defendants held jointly liable for trespass, evicted, and ordered to pay damages and costs.
Land law — trespass — conclusive effect of certificate of title (s.56 Registration of Titles Act) — joint and several liability — vacant possession and damages — ex parte/default proceedings.
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2 March 1994 |
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Objector proceedings under Order 19 rr. 55–57 cannot challenge proceeds once attached property has been sold.
Civil procedure – Attachment and sale under warrant – Order 19 rr. 55–57 – objection proceedings relate to attached property before sale; cannot be used to claim proceeds after sale; Receivers and managers – capacity to sue – agent/principal issue – res judicata where previously decided.
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2 March 1994 |
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1 March 1994 |
| February 1994 |
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25 February 1994 |
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Oral transport contract found; both defendants jointly liable for US$93,750, interest, nominal damages and costs.
Contract law – oral contract for carriage of goods – place of performance and jurisdiction – joint liability of co-operating companies – foreign-currency judgment and conversion at market rate at payment/enforcement – interest and nominal damages.
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23 February 1994 |
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Administrators' claim to cancel registered title failed: action not time-barred but fraud not proved; defendant bona fide purchaser.
Limitation Act – fraud discovery rule; Registration of Titles Act – certificate of title prima facie proof; burden and particularity of proving actual fraud; protection of bona fide purchaser for value (s.189 RTA).
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21 February 1994 |
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Appellate court upheld breach finding, admitted annexed agreement on proof, and adjusted damages and interest.
Contract — breach for failure to plough — admissibility of annexed but un‑exhibited agreement proved by testimony — credibility of stump defence — assessment and recalculation of general and special damages — mitigation of loss.
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18 February 1994 |
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14 February 1994 |
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Plaintiff awarded damages for breach of contract after Ministry of Health failed to pay for supplied goods.
Contract Law – Breach of contract – Supply of goods – Non-payment – Ministry of Health contracts – Damages assessment.
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9 February 1994 |
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An adoption petition was struck out for failing to verify allegations and to exhibit required supporting documents.
Adoption law — Adoption of Children Act (Cap 216) and Adoption Rules — Rule 7 verification by affidavit and exhibition of documents — advocate presenting vs signing petition — striking out noncompliant adoption petition.
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7 February 1994 |
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Court appointed the applicant (sister) as legal guardian of orphaned children, directing annual welfare reports to the Probation/Welfare Office.
Guardianship – Appointment of legal guardian under s.9 Judicature Act and Order 48 – Welfare of the child as paramount consideration. Appointment of a guardian resident abroad – suitability and supervisory conditions. Probation/Welfare Office oversight – annual progress reports and court notification if reports not received
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7 February 1994 |
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Court appointed elder sister living abroad as legal guardian, prioritising children's welfare and ordering probationary reporting.
Guardianship – Welfare of the child paramount – Appointment under s.9 Judicature Act and Order 48 rr 1 & 3 CPR – Guardian resident abroad – Supervisory reporting by Probation/Welfare Office.
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7 February 1994 |
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4 February 1994 |
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4 February 1994 |
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Accused granted bail after court found special circumstances and State issued a Certificate of No Objection.
Criminal procedure – Bail – Special circumstances required under statute – Court may grant bail where State issues Certificate of No Objection and special circumstances are shown. Criminal procedure – Bail conditions – Cash bond, deposit of travel documents with court registry, mandatory periodic reporting to police
Sureties – Court to assess sufficiency of sureties to ensure accused’s return to court
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4 February 1994 |
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4 February 1994 |
| January 1994 |
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21 January 1994 |
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Contractor entitled to unpaid certificate sum; court awarded principal plus 30% p.a. interest from due date and costs.
Contract law – Government contract – final certificate and obligation to pay within 14 days (Clause 30(1)); Civil procedure – proceeding and judgment after hearing where Attorney‑General served but did not appear; Interest – appropriateness of contractual/claimed rate versus court‑assessed commercial rate; Evidence – uncontroverted plaintiff testimony establishes entitlement.
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12 January 1994 |
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Plaintiff entitled to certified contract sum; court awards principal, interest at 30% p.a. from 15/3/1989, and costs.
Contract law – obligation to pay sums certified by final payment certificate – payment due within contractual 14-day period
Evidence – uncontroverted testimony and documentary final certificate sufficient to establish debt
Remedies – assessment of interest where claimed contractual rate unsupported; court discretion to fix reasonable rate (30% p.a.)
Costs – successful claimant entitled to costs where defendant defaults or fails to contest
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12 January 1994 |
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3 January 1994 |
| 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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Ex parte leave to serve abroad denied for failure to satisfy Order 5 requirements and provide sufficient evidence.
Civil procedure — Service out of jurisdiction — Order 5 r 23(c), r 25 — Ex parte applications — Applicant’s duty to disclose good cause and full particulars — Summary procedure (Order 33 r 2) — Insufficient documentary proof of payment and agency connection.
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25 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 |
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Application for commission to examine foreign witness refused for failure to prove inability to attend, unexplained delay and lack of supporting evidence.
Civil procedure — Commission for examination of witness abroad (Order 25 r.4(1) & r.5) — Necessity of witness evidence — Adequacy of affidavit and annexure — Delay and lack of supporting medical/financial evidence — Protection of right to cross‑examination and assessment of demeanour.
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2 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 |
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Court appointed the mother as guardian and trustee to manage and develop property registered in her children's names.
Guardianship — Judicature Act s.9 — appointment and control of guardians of infants and their estates — welfare and best interests of infants — mother appointed guardian and trustee to manage/develop land registered in minors' names — no adverse interest.
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18 October 1993 |
| September 1993 |
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15 September 1993 |
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Default imprisonment for a shs.5,000 fine exceeded statutory maximum and was revised to one month.
Criminal law – Sentencing – Default custodial term for fines – Statutory maximum for fines exceeding shs.2,000 but not exceeding shs.10,000 is one month – Revision to correct illegal sentence.
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9 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 |