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Citation
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Judgment date
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| November 2025 |
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Appeal dismissed for lack of service of the memorandum and for want of prosecution; respondents ordered to pay costs.
Civil procedure – Appeals – Service of memorandum of appeal – falls within timelines for service of process (Order 49(2), Order 5(2)) – affidavit of service required; Civil procedure – Appeals – Want of prosecution – prolonged inaction amounts to abuse of process – dismissal justified; Civil procedure – Registrar’s role under Order 43 r.31 versus party application to dismiss for want of prosecution.
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7 November 2025 |
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Stay of execution granted pending appeal after applicant showed substantial loss, promptness and arguable grounds; no security required.
Civil procedure – stay of execution pending appeal; requirements: substantial loss, promptness, arguable appeal, security for due performance; contract dispute; execution of decree for payment; discretion not to order security to protect right of appeal.
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4 November 2025 |
| October 2025 |
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Applicants who benefited from sales cannot seek cancellation; court appointed the lawful widow as interim administrator to protect minors.
Succession — interim administration of estate; approbation and reprobation — beneficiary who benefited cannot seek cancellation; audi alteram partem — purchasers not joined; welfare of the child — paramount in estate administration; appointment of interim administrator (widow).
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27 October 2025 |
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Appeal dismissed: later suit barred by res judicata because the same land and issues were previously decided.
Civil procedure – Res judicata – Section 7 Civil Procedure Act – claim preclusion; same parties, same matter directly and substantially in issue; kibanja v registered land; preliminary objection; appellate reappraisal of pleadings.
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27 October 2025 |
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Failure to take out summons for directions under Order 11A does not automatically cause abatement where the suit is trial-ready.
* Civil Procedure – Order 11A (summons for directions) – whether failure to take out summons within 28 days results in automatic abatement under Rule 6.
* Procedural rules – mandatory versus directory – courts should avoid hyper-technical applications that defeat substantive justice (Article 126(2)(e)).
* Case management – trial-readiness, prejudice, costs and avoidance of multiplicity of proceedings.
* Adjournments – bereavement as a sufficient reason for short adjournment to enable effective representation.
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22 October 2025 |
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Conviction for aggravated defilement based on medical corroboration and reliable single‑witness identification; 27 years (effective 22y8m1d).
* Criminal law – Aggravated defilement – elements: victim under 14, sexual act, accused’s participation – proof beyond reasonable doubt.
* Evidence – single identifying witness – safeguards and reliability: daylight, duration, consistency, distinctive features.
* Evidence – medical corroboration (PF3A) of sexual assault and injury supports prosecution case.
* Defence – alibi – burden on prosecution to disprove; proximity and identification evidence can quash an alibi.
* Sentencing – aggravated defilement sentencing range, consideration of precedents, mitigation as first offender, remand deduction, right to appeal.
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15 October 2025 |
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Court corrected a clerical misdescription of the disputed land in a judgment under the slip rule (Section 99).
Civil procedure – Amendment of judgments – Section 99 Civil Procedure Act (slip rule); clerical error; accidental slip or omission; intention of the court; correction of land particulars in judgment to enable enforcement.
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7 October 2025 |
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The applicant's loan recovery claim was dismissed for inadequate evidence and breach of mortgagee's sale duties.
* Mortgage law – enforcement of security – mortgagee’s duty to obtain best price and to follow statutory sale procedures (Mortgage Act ss.27, 28(2), 31(1)(c); Mortgage Regulations reg.8).
* Evidence – plaintiff’s burden to produce the complete facility agreement to substantiate interest and penalties; requirement to tender valuation and proof of advertisement of public auction.
* Remedies – failure to comply with mortgagee duties can bar recovery of shortfall.
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3 October 2025 |
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Court renewed expired letters of administration and extended inventory filing time due to estate complexity and beneficiary consent.
Succession law – Renewal of expired letters of administration under Succession Act ss.337(4) and 256(2); Extension of time to file inventory – Judicial discretion under Judicature Act s.37; Administrator’s duty to file inventory – sufficiency of reasons for delay (estate complexity, ongoing asset ascertainment, pending disputes, beneficiary consent).
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1 October 2025 |
| September 2025 |
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The court revoked inoperative letters after an administrator's death and issued a fresh, renewed grant to the surviving applicants.
Succession law – Revocation of letters of administration where grant becomes inoperative by death of a joint administrator; Fitness and vetting of surviving administrators; Extension/renewal of grants under Succession Act (sections 234, 256, 337, 341 as amended 2022); Beneficiaries’ consent in renewal of administration grants.
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24 September 2025 |
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The accused were convicted of murder but acquitted of aggravated trafficking due to lack of evidence on the trafficking act.
Criminal law – Murder: elements and proof; weight of child evidence and post-mortem corroboration; co-accused confession does not automatically exculpate others. Prevention of Trafficking in Persons Act – aggravated trafficking in children: requirement to prove the act (recruiting/transporting/transferring/harbouring/receiving), means, purpose and aggravated factor; acquittal where essential act element is not proved.
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12 September 2025 |
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The State proved murder beyond reasonable doubt using post-mortem evidence and a credible co-accused's testimony.
* Criminal law – Murder – ingredients: unlawful death, malice aforethought, participation – proof beyond reasonable doubt.
* Evidence – co-accused who pleaded guilty testifying for prosecution – credibility and use against other accused.
* Forensic evidence – post-mortem (PF48) establishing manual strangulation as cause of death.
* Criminal procedure – trial with assessors; assessment of witness consistency and motive to lie.
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12 September 2025 |
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The accused was acquitted of murder because the circumstantial and hearsay evidence failed to prove participation beyond reasonable doubt.
* Criminal law – Murder – elements: unlawful death, malice aforethought, participation – proof beyond reasonable doubt.
* Evidence – circumstantial evidence and hearsay – insufficiency to infer guilt.
* Evidence – accused's silence – cannot cure deficient prosecution case.
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12 September 2025 |
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Accused convicted of aggravated robbery based on credible identification and proof of theft and violent assault.
Criminal law – Aggravated robbery – ingredients: theft, use/possession of deadly weapon, causing harm, participation; Identification evidence – reliability where complainant and witness know accused; Alibi – inconsistency and afterthought undermining defence; Conviction upheld where prosecution proves elements beyond reasonable doubt.
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12 September 2025 |
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Participation in a fatal fight without malice aforethought supports conviction for manslaughter, not murder.
* Criminal law – homicide – distinction between murder and manslaughter – requirement of malice aforethought for murder; participation in a fight causing unintended death attracts manslaughter liability.
* Evidence – co-accused’s guilty plea and testimony – admissibility and weight when assessing accused’s culpability.
* Forensic evidence – autopsy confirming cause of death (fractured hyoid, strangulation).
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12 September 2025 |
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A retracted confession allegedly obtained by torture lacked corroboration and was insufficient to convict the respondent.
* Criminal law – Murder – elements: unlawful death, causation and participation – post-mortem evidence establishing cause of death. * Evidence – Confession – retracted/repudiated confession obtained allegedly by torture must be treated with caution and, absent reliable corroboration, cannot safely ground a conviction. * Evidence – Corroboration – failure to call key witnesses and co-accused may fatally weaken prosecution’s case.
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12 September 2025 |
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First accused convicted of murder on confession, canine tracing and recovered weapon; co‑accused acquitted for lack of corroborative evidence.
* Criminal law – Murder – Elements: unlawful death, malice aforethought, participation – Proof beyond reasonable doubt. * Evidence – Confession (charge and caution statement) – weight and corroboration. * Evidence – Canine scent‑tracking as corroborative evidence. * Evidence – Recovery of alleged weapon as corroboration. * Criminal procedure – Acquittal where no independent evidence links co‑accused to offence.
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12 September 2025 |
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The court convicted the accused of rape, finding credible identification and medical corroboration of non‑consensual intercourse.
* Criminal law – Rape – elements: carnal knowledge, lack of consent, accused’s participation – requirement to prove beyond reasonable doubt. * Identification – prior acquaintance and daylight identification support reliability. * Medical evidence (PF3A) – corroboration of use of force.
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12 September 2025 |
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Whether identification and corroborative evidence established the elements of aggravated robbery (theft, weapon use, and harm).
Criminal law - Aggravated robbery - Elements: theft, possession of deadly weapon, causing harm, participation - Identification evidence and corroboration - Eyewitness identification of a known person in moonlight.
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12 September 2025 |
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Accused acquitted of aggravated defilement where prosecution failed to prove participation beyond reasonable doubt.
Criminal law – Aggravated defilement – Elements: victim under 18, accused HIV positive, performance of sexual act and participation; Evidentiary burden – standard of proof beyond reasonable doubt; Credibility and alibi evidence – weight and impact on reasonable doubt; Role of assessors – trial judge’s discretion to disagree on findings of fact.
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12 September 2025 |
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Acquittal where circumstantial evidence and call records failed to prove the accused's participation in murder beyond reasonable doubt.
* Criminal law – Murder: elements – unlawful death established by post-mortem (head injury) but malice aforethought and participation not proved beyond reasonable doubt.
* Evidence – Circumstantial and associative evidence (sightings, mobile call data) insufficient to convict where direct incriminating evidence lacking.
* Procedure – Acquittal where prosecution's case is weak and speculative; accused released unless held for other offence.
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12 September 2025 |
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Medical findings creating reasonable doubt justified acquittal of the accused on aggravated defilement charges.
Criminal law – Aggravated defilement – burden and standard of proof – conflict between eyewitness testimony and forensic medical report – medical findings creating reasonable doubt leading to acquittal.
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11 September 2025 |
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Accused acquitted where prosecution failed to establish a prima facie case linking him to murder and aggravated robbery.
Criminal procedure – s.74 Trial on Indictment – prima facie case; Murder – unlawful death and malice aforethought; Necessity of evidence linking accused to participation; Aggravated robbery – elements and collapse where participation not proved; Acquittal for want of prima facie evidence.
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11 September 2025 |
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PF3A and credible eyewitness testimony proved aggravated defilement beyond reasonable doubt, resulting in conviction.
Criminal law – Aggravated defilement – Elements: victim under 14; sexual act; accused’s participation – Medical evidence (PF3A) admissible and probative of age and sexual injury – Eyewitness (grandparent) testimony corroborative and credible – General denial insufficient to raise reasonable doubt.
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11 September 2025 |
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Medical proof of unlawful strangulation did not suffice where hearsay, speculative evidence failed to prove the accused's guilt.
Criminal law – Murder – requirement to prove unlawful death with malice aforethought and accused's participation beyond reasonable doubt; Hearsay evidence and lack of independent corroboration insufficient to sustain conviction; Medical evidence proving mode of death does not alone establish perpetrator.
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10 September 2025 |
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Accused convicted for aggravated defilement of one child on medical and testimonial evidence; acquitted on second count for lack of proof.
* Criminal law – Sexual offences – Aggravated defilement – Proof of age, performance of sexual act and participation – necessity of PF3A/medical evidence and credible testimony; prompt complaint and identity evidence relevant to conviction.
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9 September 2025 |
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Accused convicted of aggravated robbery where victim identification, recovery of motorcycle, and shoe-lace evidence proved the offence.
Criminal law – Aggravated robbery – identification evidence; recovery of stolen property; use of a rope/string as a deadly weapon; corroboration by police and third-party witness (pump attendant).
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9 September 2025 |
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Court extended expired letters of administration for two years, finding statutory criteria and beneficiaries' consent satisfied.
Succession Act — extension of expired letters of administration (s.337(2), s.337(4)); Requirements for extension — best interests of beneficiaries, administrators' compliance, beneficiaries' consent (s.256(2)); Estate administration delays due to recovery/subdivision of land; Late inventory acceptable where consent and ongoing administration shown.
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8 September 2025 |
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Medical evidence showed unlawful killing, but prosecution failed to prove the accuseds' participation beyond reasonable doubt; accused acquitted.
Criminal law – Murder – burden and standard of proof – medical evidence establishing unlawful death and mutilation – participation must be proved beyond reasonable doubt – insufficiency of circumstantial evidence without forensic linkage – credibility of police-obtained statements.
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8 September 2025 |
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Acquittal where prosecution failed to prove the accused's participation despite phone-tracing evidence.
Criminal law – murder elements (unlawful death, malice aforethought, participation); Evidence – phone/SIM tracing; failure to call key witness; circumstantial proof and reasonable doubt; acquittal on connected offence where primary participation unproven.
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8 September 2025 |
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Accused acquitted of aggravated robbery due to lack of proof of theft and no evidence of his participation.
Criminal law – Aggravated robbery – Prima facie case under s.74 Trial on Indictment Act – Elements: theft, deadly weapon, harm, participation – Identification evidence – Insufficient nexus to accused – Acquittal.
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2 September 2025 |
| August 2025 |
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A court granted bail to an applicant charged with aggravated defilement on account of advanced age and sufficient sureties.
Criminal procedure – bail – capital offences – aggravated defilement – discretionary grant of bail – exceptional circumstances – advanced age – requirements for substantial sureties and fixed place of abode.
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29 August 2025 |
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A court may grant bail for a capital offence absent exceptional circumstances, if sufficient safeguards against absconding are shown.
Criminal procedure – Bail – Capital offence – Exercise of judicial discretion – Exceptional circumstances – Substantial sureties – Fixed place of abode – Risk of absconding – Conditions for grant of bail in capital offences.
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29 August 2025 |
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Court granted consequential parcel‑specific eviction and demolition orders after compensation deposit and unopposed application.
* Land acquisition – EACOP project – deposit of compensation in court; * Consequential orders – purpose is to give effect to earlier judgment, no re‑examination of evidence; * Specificity of orders – court may issue parcel‑specific eviction/demolition orders to operationalise a general order; * Service and unopposed application – supports grant of relief; * Permanent injunction and costs (each party bears own).
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27 August 2025 |
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Court held purchasers bona fide; registration irregularities were office errors and Commissioner’s cancellation was unjustified.
Land law – indefeasibility of title – bona fide purchaser for value without notice; Registration of Titles Act – effect of lapsed caveat; due diligence and agency/ratification; Stamp duty and registration irregularities attributable to land office; Commissioner’s power to cancel title and limits where fraud allegations require court adjudication; limitation and delay in asserting proprietary rights.
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26 August 2025 |
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An application for judicial recusal was dismissed due to lack of objective evidence of bias or partiality.
Judicial officers – recusal – apprehended bias – objective test for recusal – burden of proof on applicant – insufficient evidence – court scheduling constraints – referral to Deputy Registrar for case management.
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26 August 2025 |
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Bail was refused for applicants charged with violent robbery and assault on journalists, citing public interest and community safety concerns.
Criminal procedure – bail – aggravated robbery and assault on journalists – requirements for bail – substantial sureties – fixed place of abode – exceptional circumstances – discretionary refusal of bail in capital and public interest offences – procedural validity of affidavits sworn in custody.
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22 August 2025 |
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Ex parte judgment by a Registrar without jurisdiction is a nullity and must be set aside; suit to proceed de novo before a Judge.
Civil procedure – jurisdiction – powers of Deputy Registrar – ex parte judgment – procedural nullity – setting aside for want of jurisdiction – proper procedure on non-filing of defence.
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18 August 2025 |
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High Court lacks jurisdiction to review or revise a Chief Magistrate’s consent judgment unless jurisdictional error or material irregularity is shown.
Civil procedure – Review and revision – Jurisdiction of High Court – Application for review must be brought before court that issued the judgment – High Court’s power of revision limited to jurisdictional errors or material irregularity in lower court – Application dismissed for lack of merit.
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18 August 2025 |
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High Court upholds lawful foreclosure sale and general damages award, dismissing appeal for lack of merit and procedural defects.
Property law – Mortgages – Foreclosure sale – Whether foreclosure and sale of mortgaged property complied with the Mortgage Act – Award of general damages to purchaser – Appeal – Sufficiency of pleadings in memoranda of appeal
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18 August 2025 |
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Certificate of Urgency refused; no exceptional urgency shown, application dismissed with costs to follow main suit.
Judicature (Court Vacation) Rules – Certificate of Urgency – civil matters in vacation – exceptional urgency required; imminent danger or alienation of property – administrative restraining orders and locus visits – adequacy of damages as remedy.
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8 August 2025 |
| July 2025 |
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The court convicted the accused of aggravated defilement, finding the prosecution proved all elements beyond reasonable doubt.
Criminal law – Aggravated defilement – Proof of victim’s age – Credibility of single witness – Aggravating circumstances under Penal Code – Guardian/child relationship – Burden of proof – Sexual offences.
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22 July 2025 |
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A court dismissed an application for leave to appeal out of time where the applicant failed to justify inordinate delay.
Civil procedure – extension of time – application for leave to appeal out of time – inordinate delay – sufficient cause – duty of litigant to be vigilant – advocate negligence as sufficient cause – failure to provide evidence of instructed counsel – application dismissed.
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14 July 2025 |
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14 July 2025 |
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7 July 2025 |
| June 2025 |
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A preliminary objection on absence of cause of action was dismissed, allowing the land dispute suit to proceed on the merits.
Civil procedure – Preliminary objection – Whether plaint discloses cause of action – Standard for determining existence of cause of action.
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26 June 2025 |
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26 June 2025 |
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26 June 2025 |
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An application served outside the statutory 21-day period without court extension is fatally defective and dismissed with costs.
Civil procedure – service of summons – time limits – failure to serve within 21 days without extension renders application incompetent – absence of affidavit of service – dismissal of application for non-compliance.
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26 June 2025 |
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Court upholds temporary injunction preserving the status quo in a land dispute, emphasizing balance of convenience over irreparable harm.
Land law – Temporary injunctions – Criteria for grant – Prima facie case – Irreparable harm – Balance of convenience – Procedural objections – Appeal procedure – Status quo in land disputes.
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24 June 2025 |