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Citation
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Judgment date
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| November 2025 |
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Applicants failed to show arguable grounds for leave to appeal a reinstatement order setting aside a dismissal.
* Civil procedure – Leave to appeal – Applicant must show arguable grounds/prospects of success for leave to appeal (Order 44 r2).
* Civil procedure – Service of interlocutory processes – court’s power to enlarge time; leave to serve out of time (section 96; Order 51 r6).
* Civil procedure – Dismissal under Order 9 r17 and setting aside under Order 9 r18 – sufficient cause and exercise of discretion.
* Evidence – Alleged hearsay objection weakened where decision rests on non-notification and court record.
* Abuse of process – Re-litigating an issue already determined by trial court may constitute abuse.
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10 November 2025 |
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Appellant proved lineage title; respondents failed to prove acquisition and were adjudged trespassers; appeal allowed with costs.
Land law – ownership by lineage succession; burden of proof under Evidence Act; nemo dat quod non habet; failure to call key witness; trespass – unauthorized entry despite clan directive; striking out vague grounds of appeal.
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10 November 2025 |
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Applicant's transport difficulties and prompt action constituted sufficient cause to set aside dismissal and reinstate the appeal.
Civil procedure – Setting aside dismissal for non-appearance – Sufficient cause – Transport difficulties and counsel's engagement – Promptness in seeking redress – Article 126(2)(e) Constitution – Section 98 Civil Procedure Act – Section 33 Judicature Act – Right to be heard – Land disputes to be decided on merits.
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6 November 2025 |
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Mandamus granted to compel land registration where registrar failed to act on presented transfer instruments.
Administrative law – Judicial review – Mandamus to compel performance of statutory duty – Registration of titles – Registrar’s duty to enter dealings – Failure to act where transfer instruments presented – Unopposed affidavit evidence – General damages not awarded for lack of proof.
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6 November 2025 |
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Affidavits by the applicant’s State Attorneys were defective and Magistrates’ Court lacked jurisdiction under the Physical Planning Act; appeal dismissed.
Civil procedure – Affidavits – Order 19 Rule 3(1): affidavit must state facts within deponent’s knowledge or disclose source of information; hearsay inadmissible. Advocates – Professional conduct: counsel should not act as both advocate and witness in the same contentious matter. Administrative law – Physical Planning Act: internal multi‑tier review scheme culminating in High Court; exhaustion of administrative remedies and ouster of Magistrates’ Court jurisdiction for enforcement matters. Reinstatement – requires competent, properly supported application; absence of evidentiary foundation fatal.
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6 November 2025 |
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Applicant granted unconditional leave to defend amid triable disputes on service, quantum, illegality, fraud and security.
Civil procedure – summary suit – leave to appear and defend – discretion to enlarge time; service of summons – validity and affidavit of service; bona fide triable issues – fraud, forgery, misrepresentation, undue influence; disputed quantum and account; alleged unlicensed money‑lending and illegality of interest; disputed security and caveat; dual commissioning of affidavits – weight not fatal.
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6 November 2025 |
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Administrative delay by the lower court justified extending time for the applicant to file an appeal.
Civil procedure – extension of time to appeal – Section 79(1)(b), Section 96 and 98 Civil Procedure Act; Order 51 Rules – administrative delay in preparing certified records as sufficient cause; requirement that intended appeal be arguable; costs to abide outcome.
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6 November 2025 |
| October 2025 |
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Bail granted after court found fixed abode and suitable sureties; remand period did not mandate automatic release.
* Constitutional law – Bail – Article 23(6) and Article 28(3)(a) – entitlement to apply for bail and presumption of innocence.
* Criminal procedure – Trial on Indictment Act s.15 – High Court discretion to grant bail at any stage.
* Bail Guidelines – suitability and documentation for sureties; factors for fixed abode and mandatory release after 180 days prior to committal.
* Evidence – sufficiency of LCI introduction letter and NIN form to prove fixed residence.
* Public interest – seriousness of offence and alleged risk of witness interference assessed but held insufficient to deny bail.
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23 October 2025 |
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The applicant granted discretionary bail after proving fixed abode and suitable sureties despite a serious murder charge.
* Constitutional law – Bail – Right to apply for bail (Article 23(6)(a)) and presumption of innocence (Article 28(3)(a)). * Criminal procedure – Bail Guidelines (2022) – proof and suitability of sureties, fixed place of abode. * Trial procedure – Mandatory release after 180 days on remand and effect of subsequent committal. * Balancing public interest and risk of witness interference against liberty interests.
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23 October 2025 |
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Court consolidated two suits arising from the same investment agreement to avoid multiplicity of proceedings.
Civil procedure – consolidation of suits under Order 11 rule 1 and section 98 – suits arising from the same investment agreement – similar questions of law and fact – avoidance of multiplicity of proceedings – differing parties or ancillary claims (personal guarantee) do not bar consolidation where issues overlap.
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15 October 2025 |
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Inordinate delay and absence of arguable grounds warranted dismissal of leave to appeal out of time.
Civil procedure — Leave to appeal out of time — requirement of good/sufficient cause and arguable grounds; inordinate delay and dilatory conduct; representation of deceased party on appeal; abuse of court process.
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15 October 2025 |
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Appeal dismissed: suit not time‑barred, res judicata unproven, evidence reappraised and trial court’s orders upheld.
Land law – recovery of land – Limitation Act s.5: cause of action accrues on trespass; res judicata – plea must be supported by a valid judgment/documentary evidence; Evidence Act s.103 – burden of proof; appellate re-appraisal of evidence; awards of general damages discretionary.
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13 October 2025 |
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Impoundment under a taxing Act lies within Tax Appeals Tribunal’s original jurisdiction, not High Court.
Tax law – jurisdiction; Tax Appeals Tribunal original jurisdiction over decisions under taxing Acts; East African Community Customs Management Act – impoundment of vehicles as decision under a taxing Act; High Court’s inherent jurisdiction displaced where statute vests original jurisdiction in a specialised tribunal.
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7 October 2025 |
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The applicants' certificate of no objection annulled for fraud; surviving spouses preferred administrators; caveats upheld.
Succession law – Administration of intestate estate; Fraudulent procurement of Administrator General certificate using forged family minutes; Validity of caveats against grant of letters of administration; Distinction between joint tenancy (survivorship) and tenancy in common (estate share); Preference of surviving spouse(s) as administrators; Remedies and costs (each party bears own).
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1 October 2025 |
| September 2025 |
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An extension of probate was refused because mandatory consents of all beneficiaries were not produced despite reasonable delay justification.
* Succession law – filing inventory – section 273(1) obligation; inventory filing depends on validity of grant.
* Succession law – extension/renewal of grant – sections 337(2) & (4) and 256(2)/(3) – discretionary relief with statutory conditions.
* Mandatory beneficiary consents – section 256(3)(b)(2) – absence of consents is fatal to extension application.
* Procedural relief – partial accountability/final accounts may be filed in extension proceedings.
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30 September 2025 |
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Applicant failed to show sufficient cause to set aside a dismissal for want of prosecution; reinstatement refused.
Civil procedure – dismissal for want of prosecution; Order 43 Rules 14 and 16 – readmission for "sufficient cause"; diligence and honest intention to prosecute; pandemic and illness not automatically sufficient; finality of litigation and misuse of court process.
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30 September 2025 |
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Whether the Physical Planning Act confines enforcement jurisdiction to the High Court, ousting Magistrates' Courts.
• Administrative law – Physical Planning Act – specialized internal review and appeal hierarchy – enforcement actions to be addressed by planning tribunals and High Court.
• Civil procedure – jurisdiction – whether Magistrates’ Courts’ jurisdiction is ousted by specific statutory provision defining "Court" as the High Court.
• Doctrine of exhaustion of administrative remedies – parliamentary scheme for technical planning disputes.
• Procedural irregularities – late filing of submissions and appeal – curable irregularity vs. jurisdictional time bar.
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30 September 2025 |
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Accused acquitted of rape because identity/participation was not proved despite evidence of sexual assault and lack of consent.
Criminal law—Rape: elements—sexual act and lack of consent proven; identity/participation must be proved beyond reasonable doubt; corroboration in sexual offences required, especially where complainant does not testify; absence of independent evidence linking accused to crime necessitates acquittal.
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24 September 2025 |
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The appellate court reduced a manifestly excessive sentence for malicious damage, correcting errors in sentencing procedure.
Criminal law – sentencing – appellate review of sentence – improper conversion of imprisonment to fine/compensation – interference with sentencing discretion where harsh or excessive – consideration of sentencing principles and mitigating factors.
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4 September 2025 |
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Application for striking defence, contempt, and access to information dismissed for procedural and jurisdictional failures.
Civil Procedure – Striking out defence – Service of written statement of defence – Good faith actions by public officers – Access to information – Jurisdiction for information complaints – Contempt of court – Proper application of interim orders – Discovery of documents.
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1 September 2025 |
| August 2025 |
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A person charged with aggravated defilement was granted bail after court found sufficient proof of residence and suitable sureties.
Criminal procedure – bail application – aggravated defilement – presumption of innocence – sufficiency of sureties – risk of abscondment – fixed place of abode – conditions for grant of bail – balancing rights of accused and interests of justice.
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28 August 2025 |
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Bail was denied to the applicant charged with murder due to risk of witness interference arising from his influential community position.
Criminal procedure – Bail – Murder charge – Discretion of court to grant bail – Substantiality of sureties – Risk of interference with witnesses – Community influence of accused as ground for denial.
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28 August 2025 |
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Court denied bail for a rape accused due to insufficient proof of a fixed place of abode despite substantial sureties.
Criminal procedure – bail application – fixed place of abode – substantial sureties – discretion of the court in bail for serious offences – presumption of innocence – right to liberty – interest of justice.
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28 August 2025 |
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A certificate of title fraudulently procured by excluding estate beneficiaries will be cancelled, and the land restored to the estate.
Succession law – Intestate succession – Customary land – Administration of estate – Fraudulent procurement of certificate of title – Cancellation of title – Beneficiaries' equitable rights – Gifts intervivos – Standard of proof in civil cases.
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18 August 2025 |
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A buyer from a non-owner cannot acquire valid interest in customary family land absent due diligence or proper authority.
Land law – Customary tenure – Temporary use of family land – Gift intervivos – Consensus ad idem in contract – Due diligence – Validity of sale – Miscarriage of justice on appeal.
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15 August 2025 |
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Failure to timely deliver transfer documents entitled the purchaser to rescind the sale and obtain a full refund with interest.
Contract – breach – sale of land – time of the essence – rescission – agency – refund of deposit – specific performance – interest and costs – counterclaim dismissed.
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15 August 2025 |
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A court granted stay of execution pending appeal where substantial loss was demonstrated and the application was undefended.
Civil procedure – Stay of execution – Pending appeal – Substantial loss – Security for due performance – Unopposed application – Requirements for grant of stay.
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8 August 2025 |
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An application for redress regarding unavailable trial records was dismissed for having been brought against a non-juristic party and in the wrong forum.
Civil procedure – parties – non-suit against a non-juristic person – requirement to sue the Attorney General in suits against government; Criminal appeals – missing or unavailable record of proceedings – proper forum for redress – authority of appellate court to order retrial or reconstruction of record.
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8 August 2025 |
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A stay of execution was refused where no substantive appeal existed and legal requirements were not met by the applicant.
Civil procedure – stay of execution – conditions required for grant – absence of substantive appeal – delay – security for due performance – proof of irreparable loss – abuse of process.
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8 August 2025 |
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A probate extension application was denied for failing to obtain all beneficiary consents and for improper delegation of duties.
Succession law – extension and renewal of probate – requirements for further extension – necessity of compliance with original grant conditions – need for consent from all beneficiaries – non-delegable duties of executor – sufficiency of cause for delay.
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8 August 2025 |
| July 2025 |
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Estate administrators may only be bound by advocate-client fee claims where joint instructions are proven and due process is observed.
Administration of estates – capacity of administrators to challenge bills of costs – taxation and execution – necessity of joint instructions from administrators – proof of service – right to a fair hearing – setting aside irregular bills of costs and execution orders.
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29 July 2025 |
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10 July 2025 |
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10 July 2025 |
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9 July 2025 |
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8 July 2025 |
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8 July 2025 |
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2 July 2025 |
| June 2025 |
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Leave to appeal granted on legal issues surrounding garnishee procedures, fair hearing, and attachability of central bank statutory reserves.
Civil procedure – garnishee orders – whether garnishee order absolute may be issued against non-party without garnishee nisi proceedings or hearing – statutory construction – attachability of central bank statutory reserves – right to fair hearing – preliminary objections as to contempt, non-appealability, and abuse of process – grant of leave to appeal on substantial questions of law.
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30 June 2025 |
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Leave to appeal granted where dismissal for late service raised substantial questions on jurisdiction, procedural fairness, and garnishee enforcement.
Civil procedure – Leave to appeal – Substantial question of law – Garnishee orders – Procedural default versus substantive justice – Jurisdiction of issuing court – Binding effect of orders on non-parties – Alleged contempt and audience before the court.
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30 June 2025 |
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Leave to appeal granted where procedural defects and fair hearing rights raise substantial constitutional and legal questions.
Civil Procedure – leave to appeal – interlocutory orders – effect of procedural irregularities – right to fair hearing – absence of judicial finding of contempt – Article 28 and 126(2)(e) of the Constitution – whether omission of court seal is fatal defect – preliminary objections dismissed.
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30 June 2025 |
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30 June 2025 |
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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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24 June 2025 |
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10 June 2025 |
| May 2025 |
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30 May 2025 |
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A court grants an interim stay of execution to preserve the status quo pending the outcome of a main stay application.
Civil procedure – Interim stay of execution – Requirements – Competence of notice of appeal – Imminent threat of execution – Discretion of court to preserve status quo.
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27 May 2025 |
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19 May 2025 |
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19 May 2025 |