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Citation
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Judgment date
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| October 2025 |
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Charges dismissed where accused detained 28 years, later fit for trial, and prosecution lost the Police file/indictment.
* Criminal procedure – pre-trial detention – fitness to plead – detention pending Ministerial orders after finding of incapacity; subsequent fitness to stand trial and implications for liberty.
* Abuse of process – gross want of prosecution where Police file/indictment lost and cannot be reconstructed after repeated adjournments.
* Court powers – Judicature Act and Trial on Indictments Act; inherent jurisdiction to discontinue prosecution to prevent oppression and protect right to fair hearing.
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27 October 2025 |
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A dismissal under Section 17(2) of the Judicature Act for want of prosecution is final and not restorable; appeal is the remedy.
Civil procedure — inherent powers — Section 17 Judicature Act — dismissal for want of prosecution — prolonged mediation and inactivity as abuse of process — dismissal under s17(2) is a final decree and not restorable; remedy by appeal.
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27 October 2025 |
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Interlocutory default judgment set aside as plaint sought non-pecuniary relief; late defence validated and matter restored for hearing.
* Civil Procedure – Default/interlocutory judgment – Order 9 Rule 8 – scope limited to debt, detinue or pecuniary damages only – interlocutory judgment irregular where plaint seeks declarations or enhanced/exemplary damages.
* Civil Procedure – Setting aside default judgment – irregularity of procedure and nature of claim as ground for setting aside.
* Civil Procedure – Validation of belated defence/extension of time – administration of justice requires disputes be decided on merits where delay is excusable and uncontroverted.
* Mootness – related applications overtaken by events when default judgment set aside and defence validated.
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27 October 2025 |
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Applicant granted unconditional leave to defend summary suit due to bona fide triable issues and curable affidavit defects.
Civil procedure — Order 36 leave to appear and defend summary suit — requirement of bona fide triable issues; Order 52/affidavit requirements — one affidavit may suffice where competent to depose for all applicants; Annexures and Commissioner for Oaths formalities — technical defects curable under Article 126(2)(e); Evidence/admissibility — unstamped or incomplete agreement, privity of contract and vicarious liability are triable issues not suitable for summary disposal.
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27 October 2025 |
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Alleged fraudulent title challenged but plaintiffs failed to prove fraud or possession; suit dismissed.
• Limitation — discovery of fraud under s.25 Limitation Act delays start of limitation period.• Locus standi — beneficiaries/administrators may sue to protect intestate estate.• Impeachment of registered title — fraud must be pleaded with particulars and proved strictly to impeach certificate of title.• Evidence — hearsay and inconsistent oral testimony insufficient to establish gift or continuous possession.• Land law — Land Reform Decree 1975 reduced customary occupants to tenants at sufferance affecting claims predating registration.
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27 October 2025 |
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Court extended a pre-2022 grant of probate for two years due to pending litigation and beneficiaries’ concurrence.
Succession law – Extension of grant of probate – Application of section 337(4) to pre-31 May 2022 grants – Section 255(3) governs post-2022 grants – Court to consider beneficiaries’ interests and testator’s intentions – Extension granted where residual estate subject to pending litigation – Time extended to file inventory and accounts.
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17 October 2025 |
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Court extended pre‑2022 Letters of Administration under s.337(4) after finding cause and beneficiaries' consent; inventory/account deadlines extended.
* Succession Act — extension of Letters of Administration — application of Section 337(4) to grants made before 31 May 2022; Section 256(3) to grants after commencement. * Requirements for extension — "just cause" under s.337(4); compliance and beneficiaries' consent under s.256(3). * Court discretion — consideration of beneficiaries' best interests. * Extension of time to file inventory and exhibit account under s.273 and s.37 Judicature Act.
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17 October 2025 |
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Pre-2022 grants may be extended on showing just cause, with the beneficiaries' interests guiding the court's discretion.
Succession law – extension of letters of administration – application of Section 337(4) to pre-31 May 2022 grants – distinction from Section 256(3) (post-amendment) – requirement to show just cause and consideration of beneficiaries' best interests – grant of further time to file inventory and accounts.
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17 October 2025 |
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Applicant’s conviction for attempted murder upheld; sentence reduced by one year one month to reflect remand time.
Criminal law – Attempted murder – identification and corroboration – role of telephone call data and witness testimony; Defence of alibi – burden and disproof; Sentence – requirement to arithmetically deduct remand period; Appellate review of credibility findings.
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6 October 2025 |
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Court declared the respondent mentally ill and unable to manage affairs, appointing the applicant and a daughter as joint representatives.
Mental Health Act Cap 308 — determination of mental illness requires medically accepted standard and psychiatrist evidence; Capacity and competence — section 59(3)(b) court power to declare inability to manage affairs; Appointment of personal representative — section 61(1) court may appoint suitable relative where no appointment exists; Duties and safeguards — inventory, annual accounts, restriction on disposal, six‑monthly psychiatric reviews.
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6 October 2025 |
| September 2025 |
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Court extended letters of administration where administrator complied with law, beneficiaries consented, and minors’ interests were protected.
* Succession Act s256(3) – Extension of Letters of Administration – prerequisites: compliance with appointment, beneficiaries’ consent, and best interests.
* Children Act s6(1) – parental responsibility permits consent on behalf of minor beneficiaries.
* High Court powers – Judicature Act s37 and Interpretation Act s34(3) inform extension and conditions.
* Estate administration – filing of inventory and full account as condition of extension.
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17 September 2025 |
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Letters of administration extended two years where beneficiaries consented and estate delayed by title/registration issues.
* Succession Act – Extension of Letters of Administration – s256(3) – requirements: compliance with appointment provisions, beneficiaries' consent, best interests of beneficiaries.
* Estate administration – incomplete distribution due to title conversion and correction of registration errors – justification for extension.
* Court powers – Interpretation Act s34(3) and Judicature Act s37 – discretion to extend and impose conditions (inventory and account).
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17 September 2025 |
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Court extended Letters of Probate for one year after finding statutory conditions and beneficiaries' consent satisfied.
* Succession Act – section 255(3) – extension of Letters of Probate – conditions: proper appointment, beneficiaries’ consent, best interests of beneficiaries.
* Civil procedure – late filing of inventory and accounts – leave to file granted where estate not wasted and beneficiaries consent.
* Interpretation and Judicature Acts – court’s power to extend probate period.
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17 September 2025 |
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A court cannot reinstate an application decided on its merits; appeal or review, not inherent power, is the proper remedy.
* Civil procedure – Finality of judgments – doctrine of functus officio – court loses jurisdiction to vary or revisit a decision once pronounced. * Civil procedure – Inherent powers (s.98 Civil Procedure Act) – do not empower reinstatement of matters decided on merits; proper remedies are appeal, review or revision. * Post‑judgment relief – reinstatement of dismissed application is not a recognised substitute for appeal or review. * Stay of execution – dismissal on merits cannot be reopened by a reinstatement application.
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16 September 2025 |
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Suit dismissed as res judicata upheld; punitive compensation under inherent powers set aside.
Civil procedure – Res judicata – elements and application where prior suits addressed same subject matter; locus observations and estoppel; inherent powers (Section 98 CPA) – procedural limits and prohibition on awarding compensation not pleaded.
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16 September 2025 |
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Applicant’s attempt to reopen a jurisdiction issue abandoned on appeal was an abuse of process and dismissed with costs.
* Civil procedure – Revision under Section 83 – scope and limits – abuse of process where issue previously raised and abandoned on appeal.
* Jurisdiction – pecuniary jurisdiction of Magistrate’s Court – post‑judgment valuation cannot retroactively establish lack of jurisdiction.
* Abuse of process / Henderson v Henderson – finality in litigation and estoppel against re‑litigating issues.
* Revisionary relief – Court not to rely on extraneous materials outside lower court record to unsettle prior orders.
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12 September 2025 |
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Counterclaim properly dismissed as res judicata; respondent’s trespass suit upheld and appeal dismissed with costs.
* Civil procedure – Res judicata – Section 7 Civil Procedure Act – counterclaim dismissed where matter already finally adjudicated in earlier suit. * Tort – Trespass to land – new wrongful entries constitute fresh cause of action against persons in possession and are not necessarily barred by earlier ownership determinations. * Succession – burden of proof for estate property – administrator must prove land forms part of estate. * Evidence – contradictions must be grave to vitiate findings; locus visit and unchallenged boundaries support possession findings.
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12 September 2025 |
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Appeal from dismissal of review was incompetent without leave; substantive defects in pleadings and witness statements were not shown to be fatal.
* Civil procedure – appealability – dismissal of review applications requires leave before appealing; appeal without leave is incompetent.
* Civil procedure – pleadings and witness statements – application of Illiterates’ Protection Act s.3 and Order XVIII, Rule 5A compliance; defects not always fatal.
* Judicial review – error apparent on the face of the record – threshold requires manifest mistake not necessitating lengthy argument.
* Civil Procedure Rules – Order 43 memorandum of appeal requirements — grounds must be specific, not narrative.
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12 September 2025 |
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Appellate court finds LC I/II lacked jurisdiction over land dispute; prior judgments void; appeal dismissed.
Civil procedure – appeals – Order 43 CPR – general grounds, amendment of memorandum of appeal, and discretionary validation; Jurisdiction – Local Council I and II courts’ competence in land disputes post-amendment to Land Act; Res judicata – inapplicable where prior court lacked jurisdiction; Evidence – written contract required to prove terms of sale; judgments void ab initio where court lacks statutory jurisdiction.
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12 September 2025 |
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Allocation and ownership disputes arising from tenancy agreements are private law matters, not amenable to judicial review.
Administrative law – Judicial review – Amenability of decisions – Distinction between public law and private contractual/property disputes; Tenancy and ownership disputes against a public body are ordinarily private law matters to be resolved in ordinary civil proceedings; Judicial review not appropriate to enforce purely contractual rights; Expired tenancies and alleged trespass limit locus to seek public law remedies.
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12 September 2025 |
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Appellant cannot escape loan repayment by alleging lender lacked a licence; appeal dismissed with costs.
* Money‑lending law – requirement of a money lending licence under Tier 4 Microfinance Institutions and Money Lenders Act, 2016 – carrying on business without licence prohibited.
* Illegality defence – ex turpi causa – exceptions where protective statute operates to afford remedies despite statutory breach.
* Evidence – Section 91 (parol evidence rule) and Section 92 – written loan agreement cannot be varied by oral evidence between the parties.
* Tort – trespass to land – must prove unauthorized entry interfering with possession; mere inspections of pledged security not necessarily trespass.
* Civil procedure – appellate grounds must not be argumentative; parties bound by issues framed at trial.
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12 September 2025 |
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Three issues decided: limitation (three years), limited striking of duplicative property claims, and plaint discloses cause of action for vicarious liability.
* Limitation – application of Limitation Act and Law Reform (Misc. Provisions) Act to death claims; three-year limitation applies to private companies; two-year limit applies only to Government, local authorities or scheduled corporations. * Abuse of process – where part of a claim is substantially the same as a matter pending in another suit the duplicative part may be struck out. * Civil liability – vicarious/secondary liability and lending of servants: an entity that enlists or places armed personnel at its disposal may be prima facie liable for their torts if control/direction at the material time is pleaded.
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12 September 2025 |
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Court granted bail to a refugee charged with aggravated defilement due to exceptional family circumstances and sufficient sureties.
Criminal procedure – Application for bail – Exceptional circumstances – Rights of refugees – Presumption of innocence – Substantial sureties – Balancing individual and public interest.
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12 September 2025 |
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Extension of Letters of Administration granted where statutory requirements and beneficiaries’ consent were satisfied, following delay in estate distribution.
Succession – extension of validity of Letters of Administration – requirements under Section 256(3) of the Succession Act – consent of beneficiaries – best interest of estate – delay due to legitimate cause.
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10 September 2025 |
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Judicial review application dismissed for being out of time and for failure to exhaust internal and statutory remedies.
Judicial review – Limitation period – Sufficient interest (locus standi) – Exhaustion of internal remedies – Proper service – Cause of action against regulatory body – Political party internal disputes.
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8 September 2025 |
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Court allowed out‑of‑time reply to defence and counterclaim, finding clerk’s negligence a sufficient cause.
* Civil Procedure – extension of time to file pleadings – sufficient cause – negligence of counsel or law‑firm servant may justify enlargement.
* Civil Procedure – Order 5 Rule 1(2) CPR – service timing of documents – distinction between Registrar endorsement and fixation of hearing date.
* Evidence – hearsay – deponent’s account of personal knowledge explaining delay is not hearsay.
* Discretionary relief – leave to file reply out of time granted where sufficient reason shown.
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8 September 2025 |
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Appeal dismissed as incompetent where no notice of appeal was filed within 14 days and no extension or leave was sought.
Criminal procedure – Appeals – Requirement to commence appeal by notice in writing under Section 28 Criminal Procedure Code Act – Failure to file notice of appeal within 14 days and absence of application for extension/leave renders appeal incompetent – Appellate court will not examine merits where appeal is not properly before it.
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4 September 2025 |
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A court may extend expired Letters of Administration if statutory conditions, including beneficiary consent, are satisfied.
Succession law – Letters of Administration – extension of validity – requirements for extension under Section 256(3) of the Succession Act – proof of compliance and beneficiary consent – justification for delay in estate administration.
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3 September 2025 |
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Extension of Letters of Administration granted where statutory requirements and beneficiary consent were satisfied.
Succession law – extension of Letters of Administration – requirements for extension – beneficiary consent – interest of the estate – compliance with Section 256(3) of the Succession Act.
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3 September 2025 |
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Court extends Letters of Administration where legal requirements and beneficiary consent are met, and estate remains unresolved.
Succession – Extension of Letters of Administration – Section 256(3) of the Succession Act – Beneficiary consent – Pending estate matters – Compliance with legal requirements by administrator.
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3 September 2025 |
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Although homicide and malice were established, the prosecution failed to prove the accuseds' participation beyond reasonable doubt, so both were acquitted.
Criminal law – Murder – Elements: death, unlawfulness, malice aforethought established by post-mortem and injuries; Identification and participation – conviction requires credible direct or corroborated circumstantial evidence placing accused at scene; Uncorroborated hearsay/confessional statements to third parties require caution; Burden of proof beyond reasonable doubt – doubts resolved for accused.
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2 September 2025 |
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Absence of an identification parade and uncorroborated night identification made conviction for aggravated robbery unsafe.
Criminal law – Aggravated robbery – essential ingredients (theft, violence, deadly weapon, participation) – Identification evidence – visual identification at night – necessity and importance of identification parade – alibi and burden to disprove – reliance on agreed facts and medical evidence.
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2 September 2025 |
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Defilement proven but identity of the assailant not established beyond reasonable doubt; accused acquitted.
* Criminal law – Aggravated defilement – necessity to prove both the sexual act and the identity of the perpetrator beyond reasonable doubt.
* Evidence – medical report and victim’s out‑of‑court statements as corroboration; limitations where key eyewitness absent.
* Evidence – non‑production of charge and caution/plain statement and its effect on prosecution’s case.
* Criminal burden – where reasonable doubt exists, it must be resolved in favour of the accused.
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2 September 2025 |
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Accused convicted of murder based on credible nighttime visual identification, corroboration and post‑mortem evidence of fatal sharp‑force injuries.
Criminal law – Murder: proof of death, unlawful cause and malice aforethought; visual identification (night-time) – issues of familiarity, illumination, proximity and duration; corroboration by neighbour testimony, tracking-dog evidence and post-mortem; circumstantial inference of intent from nature of injuries.
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2 September 2025 |
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Medical evidence negating penetration and unreliable identification led to acquittal for aggravated defilement.
Criminal law – Aggravated defilement – elements: victim under 14; sexual act requires penetration (however slight) – medical evidence (intact hymen/no injuries) may negate penetration; identification — inconsistencies and absence of identification parade undermine prosecution case; prosecution must prove all elements beyond reasonable doubt.
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2 September 2025 |
| August 2025 |
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An appeal against a judgment confirming the Respondents’ ownership of land was dismissed due to lack of evidential support from the Appellants.
Civil procedure – first appeal – land ownership – gift intervivos – evidential burden of proof – contradictions and inconsistencies in witness testimony – validity and weight of unchallenged documentary evidence – appellate review of factual findings – upholding trial court decision.
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29 August 2025 |
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The applicant's loan to the respondent was enforceable; respondent liable for UGX 71,500,000, damages, interest and costs.
* Contract law – validity and enforceability of oral and documentary loan agreements; sufficiency of written materials to satisfy statutory requirements. * Evidence – effect of a defendants non-attendance at trial and uncontroverted documentary evidence. * Money-lending – charging interest does not automatically make a lender a licensed money-lender; absence of evidence of business money-lending. * Remedies – award of principal, general damages, interest at court rate and costs.
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29 August 2025 |
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A registered proprietor's title prevails against unproven ancestral or customary claims, barring sustainable allegations of fraud.
Land law – Registered ownership – Certificate of title as conclusive evidence – Challenge to title on grounds of alleged fraud – Customary tenure and effect of repealed Land Reform Decree – Limitation of actions – Family dispute and remedies.
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27 August 2025 |
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A young accused charged with aggravated robbery granted bail due to age, credible sureties and low risk of interfering with investigations.
Criminal procedure — Bail — Application for bail pending trial for aggravated robbery — Role of Bail Guidelines 2022 and Section 16(Trial on Indictments Act) — Exceptional circumstances requirement — Relevance of age, fixed abode, substantial sureties, DPP no-objection and national identity documentation.
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20 August 2025 |
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Bail was denied as the applicant failed to prove identity, fixed abode, and exceptional health circumstances despite advanced age.
Criminal procedure – Bail – Mandatory bail under Article 23(6)(c) of the Constitution – Committal to High Court precludes mandatory bail – Ordinary bail – Exceptional circumstances – Proof of identity and fixed abode required – Applicant's failure to provide identification and medical evidence precludes bail.
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19 August 2025 |
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The court dismissed a bail application for murder, finding no exceptional circumstances and unreliable sureties.
Criminal Procedure – Bail – Criteria for granting bail in capital offences – Exceptional circumstances – Grave illness – Reliability of sureties – Public interest in serious offences.
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19 August 2025 |
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Applicant established sufficient cause to set aside a S.17(2) dismissal and have the suit reinstated.
* Civil procedure – setting aside dismissal for want of prosecution – error apparent on the face of the record.
* Inherent powers – Section 17(2) Judicature Act – dismissal for abuse/delay can be set aside and reinstated.
* Procedural irregularity – directions in certified record interpreted; counsel’s mistake not visited on litigant.
* Reinstatement – matter ordered to be heard on the merits; costs to abide outcome.
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18 August 2025 |
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Applicants granted unconditional leave to defend where respondent failed to prove identity, loan and proper service.
* Civil Procedure – Order 36 r.4 – unconditional leave to appear and defend – grant where there is a bona fide defence or real dispute to be tried.
* Evidence – burden of proof (s.101 Evidence Act) – plaintiff must prove identity and existence of loan with reliable corroboration.
* Service and formality – requirements for service and mandatory summons in summary suit (Order 36) – defectively served/incorrect summons defeats claim of lateness.
* Summary procedure – where disputed facts and identity issues exist, matter should proceed to trial.
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15 August 2025 |
| July 2025 |
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Court appoints wife as personal representative of mentally ill individual to manage his estate.
Mental Health – Appointment of personal representative – Person unable to manage affairs due to mental illness – Legal capacity and representation.
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17 July 2025 |
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15 July 2025 |
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A suit dismissed for nonattendance under Section 17(2) may be reinstated if sufficient cause is shown for absence.
Civil procedure – dismissal for nonattendance – inherent powers of court – reinstatement of suit under Section 17(2) of Judicature Act – distinction from dismissal for want of prosecution under Order 17 Rule 5 Civil Procedure Rules – sufficient cause for absence – judicial discretion to restore suit for hearing on merit.
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14 July 2025 |
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14 July 2025 |
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A conviction for rape may be based on credible victim and eyewitness testimony even without immediate medical evidence.
Criminal law – rape – standard of proof in sexual offence – assessment of contradictions in prosecution evidence – sufficiency of victim’s oral testimony in absence of immediate medical evidence – corroboration not always required.
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11 July 2025 |
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A Magistrate Grade II's orders regarding land ownership and custody were set aside for lack of jurisdiction and procedural irregularity.
Civil Procedure – Revision – Jurisdiction – Magistrate acting beyond pecuniary jurisdiction – Jurisdiction in land disputes – Family and Children Court – Determination of land ownership – Welfare of children – Procedural irregularity.
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10 July 2025 |
| June 2025 |
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30 June 2025 |