|
Citation
|
Judgment date
|
| September 2025 |
|
|
Appellant failed to prove respondent’s lorry caused collision; appellate court upheld trial finding of appellant’s negligence.
Negligence – burden of proof on plaintiff – credibility of witnesses – locus visit evidence; intoxication as factor in causation and negligence; appellate re-evaluation of factual findings on first appeal.
|
12 September 2025 |
|
Appellants' plaint disclosed a cause of action; bailiff immunity inapplicable where fraud is alleged, respondents reinstated.
Cause of action — Order 7 rule 11 CPR — pleadings must show right, violation and defendant's liability; Officer of court/bailiff immunity — not available where fraud is pleaded; Purchaser at execution sale — necessary party where validity of sale and title are challenged; Appellate re‑evaluation of facts — reinstatement and remittal where removal of parties lacks reasons.
|
12 September 2025 |
|
The High Court held the plaint disclosed a cause of action; removal of defendants was erroneous and they must be reinstated.
Civil procedure — Order 7 rule 11 — plaint must disclose cause of action; Cause of action test: right, violation, liability (Tororo Cement); Officer-of-court/bailiff immunity limited where fraud is pleaded; Purchaser at auction is necessary party; Appellate duty to re-evaluate factual findings.
|
12 September 2025 |
|
Consolidation denied where common land alone did not overcome differing parties, causes of action, remedies and procedural stages.
Civil procedure – consolidation of suits – Order 11 r.1 CPR – common subject matter insufficient where parties, causes of action, remedies and stages differ; court balances expediency against prejudice and delay.
|
12 September 2025 |
|
Long unchallenged occupation (over 12 years) can establish adverse possession defeating a registered proprietor’s eviction claim.
Land law – Adverse possession – Open, continuous and unchallenged occupation for over twelve years can defeat a registered proprietor’s claim; Memorandum of understanding – invalidity where illiterate party not shown to have understood terms; Kibanja/bona fide occupant status – requirements under section 29 Land Act.
|
12 September 2025 |
|
Plaintiff failed to prove inter vivos gift of registered land; estate title and lack of possessory status defeated trespass claim.
Land law – inter vivos gift of registered land — formalities and transfer requirements; proof of intention, delivery and acceptance; evidentiary burden in civil suits; possession and trespass — claimant must be in possession to establish unlawful entry.
|
8 September 2025 |
| August 2025 |
|
|
High Court revision decisions are final and not appealable; application for leave and extension to appeal struck out.
Civil procedure – Revision proceedings – Whether High Court decisions made in revision are appealable; Appeal as creature of statute; Section 83 CPA and Article 134(2) Constitution; Extension of time and leave to appeal inapplicable to revision decisions; Inherent jurisdiction and limits.
|
18 August 2025 |
|
Applicant in physical possession granted temporary injunction to preserve status quo pending resolution of competing land claims.
* Land law – interlocutory injunction – preservation of status quo pending trial – prima facie case, irreparable harm, balance of convenience.
* Possession vs registered title – applicant in actual physical possession; competing claims of registration and alleged sale agreements.
* Administrative/state interventions in land disputes – factual findings on threats to evict following state house recommendations.
* Costs – interlocutory costs to abide final determination.
|
11 August 2025 |
| July 2025 |
|
|
Appellant had no proprietary interest; memorandum of understanding was not a binding contract, so appeal dismissed with costs.
* Civil procedure – Cause of action – plaint and annexures considered to determine whether a plaint discloses a cause of action.
* Contract law – Memorandum of understanding – binding effect depends on intention to be bound, consideration, and part-performance.
* Property law – Powers of Attorney and sale agreement – identification of purchaser and proof of payment determinative of proprietary rights.
* Appeal – First appellate court duty to re-evaluate evidence but also to apply correct legal tests as to cause of action.
|
31 July 2025 |
|
Registered title prevails where appellant fails to prove an equitable interest or timely raise adverse possession.
Land law – Registered title as prima facie/conclusive evidence of ownership (Registration of Titles Act s.59); Proof of equitable/kibanja interest requires agreement or proof of payment (busulu); Adverse possession cannot be introduced for the first time on appeal—must be pleaded and evidenced at trial; Duty of first appellate court to re-evaluate evidence and draw its own conclusions; Burden of proof lies on person alleging ownership (Evidence Act ss.101–102).
|
14 July 2025 |
|
Applicant's challenge partly rejected; main civil suit dismissed as time‑barred and costs awarded to the applicant.
* Civil procedure – preliminary objections – factual matters cannot be disposed of on preliminary point. * Pleading – plaint must be read with annexures to determine whether a cause of action is disclosed. * Limitation – land claims barred after 12 years; plaintiff must plead disability to suspend limitation. * Institutions of Traditional or Cultural Leaders Act – need not be retrospective to enable recovery of property interfered with during abolition; limitation runs from restoration.
|
14 July 2025 |
| June 2025 |
|
|
Claim to cancel registered title dismissed as time‑barred and res judicata; fraud particulars were held sufficient.
* Limitation of actions – recovery of land – 12‑year limitation and accrual rules (Limitation Act ss.5, 6(2), 25) – discovery of fraud delays accrual. * Res judicata – Civil Procedure Act s.7 – prior Misc Cause No.86 of 2016 disposing of same issues. * Pleadings – particulars of fraud – Order 6 r.3 Civil Procedure Rules – sufficiency of particulars. * Locus standi – caveat and entitlement to sue following prior finding.
|
30 June 2025 |
|
Appellate court upheld interlocutory injunction where applicant showed prima facie case, irreparable harm, and favorable balance of convenience.
Civil procedure – interlocutory injunctions; status quo to be preserved; prima facie case and likelihood of success; irreparable injury; balance of convenience; appellate re-evaluation of evidence (s.80 CPA).
|
20 June 2025 |
|
Applicant's dismissed appeal reinstated after court finds sufficient cause for nonappearance due to judge's indisposition.
Civil procedure – Reinstatement of dismissed appeals/applications – Order 9 Rule 22 and Order 9 Rule 23(1) CPR – Sufficient cause for nonappearance – Effect of court communication (judge indisposed) – Discretion to set aside dismissal and reinstate matter.
|
18 June 2025 |
|
Contempt claim dismissed: conditional stay lapsed for non-payment of required security, so respondents not in contempt.
Contempt of court — elements: lawful order, knowledge, ability to comply, disobedience; Conditional stay of execution — obligation to deposit security by a fixed date; Failure to satisfy condition — conditional interlocutory order operates itself out (automatically vacated); Burden of proof — party alleging compliance must prove payment/receipt in court.
|
13 June 2025 |
|
Applicant lacked locus to review boundary-opening order and showed no authority to represent the alleged mentally‑ill owner.
Civil procedure — Review — Locus standi — Applicant must prove aggrievement and legal standing to seek review of an order in which he was not a party; Mental Health Act — capacity to manage affairs — a mentally ill person retains the right to manage affairs unless a Mental Health Board or court has determined otherwise; representation — requires court order, Board finding, or power of attorney; unsworn medical reports insufficient to confer authority.
|
13 June 2025 |
|
High Court dismissed revision of taxed costs, holding taxation/appeal remedies, not revision, are appropriate.
Civil procedure – Revision under s.83 CPA limited to jurisdictional error or illegal/material irregularity; Costs – judicial discretion to award costs on withdrawal under s.27 CPA; Taxation – challenge to taxed bill or ex parte taxation lies by application to taxing court or appeal/tax reference (Advocates Act s.62), not by revision.
|
6 June 2025 |
|
Leave to amend defence and add counterclaim refused for delay, failure to attach proposed amendment, and procedural non‑compliance.
Civil procedure – Amendment of pleadings (Order 6 r19 CPR) – Discretion to amend – Timelines for interlocutory applications (Order 12 r3) – Proposed amended pleading must be attached – Counterclaim is a separate cause of action and cannot be introduced by amending a defence where none was pleaded – Mistake of counsel insufficient to cure procedural non‑compliance.
|
2 June 2025 |
| May 2025 |
|
|
Contempt application against the respondents dismissed; impugned ministerial letter was quashed in a prior proceeding.
* Contempt of court – civil contempt – elements to prove: existence of lawful order, knowledge, ability to comply, failure to comply.
* Standard of proof – higher than balance of probabilities in contempt proceedings.
* Administrative act ultra vires – ministerial letter quashed in separate proceeding.
* Res judicata/double jeopardy – prior determination of same issue precludes further orders.
* Evidence – need to connect alleged conduct and documentary/photographic proof to respondents.
|
30 May 2025 |
|
|
12 May 2025 |
|
|
12 May 2025 |
|
|
12 May 2025 |
|
|
9 May 2025 |
|
|
9 May 2025 |
| April 2025 |
|
|
|
11 April 2025 |
|
|
9 April 2025 |
|
|
4 April 2025 |
|
|
2 April 2025 |
| March 2025 |
|
Employment—public service—workers compensation—COVID-19—occupational disease—medical officer—death in course of duty—jurisdiction—scheduled disease—presumption of infection—proof of employment—dependants—statutory entitlement—special damages—general damages—interest—costs
|
26 March 2025 |
|
|
21 March 2025 |
|
|
21 March 2025 |
|
|
17 March 2025 |
|
|
12 March 2025 |
| February 2025 |
|
|
|
26 February 2025 |
|
|
20 February 2025 |
|
|
20 February 2025 |
|
|
17 February 2025 |
|
|
17 February 2025 |
|
|
13 February 2025 |
|
|
11 February 2025 |
|
|
10 February 2025 |
|
|
10 February 2025 |
|
|
10 February 2025 |
| January 2025 |
|
|
|
31 January 2025 |
|
|
31 January 2025 |
|
|
31 January 2025 |
|
|
31 January 2025 |
|
|
29 January 2025 |
|
|
24 January 2025 |
|
|
22 January 2025 |