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Citation
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Judgment date
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| February 2026 |
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Court granted bail to an elderly, ill accused after finding exceptional circumstances and balancing public interest.
Criminal procedure – Bail – Trial on Indictments Act s.16 – Exceptional circumstances (including advanced age) – Proof of non‑absconding (fixed abode and sureties) – Balancing individual rights and societal interest.
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27 February 2026 |
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Court extended an expired grant of probate two years to preserve estate and enable executors to defend a pending will challenge.
Succession Act – extension of expired grant of probate – just cause – executors' duty to preserve estate – pending suit challenging will – conditional renewal and requirement to file inventory and accounts.
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27 February 2026 |
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Court extended expired letters of administration for two years, finding just cause under Succession Act s.337(4).
Succession Act s.337(4) — Extension of letters of administration; requirement to show "just cause"; court's discretionary power; conditions: inventory and account; costs ordered to administrator.
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27 February 2026 |
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No proved 2019 insurance policy — insurer not liable; lender held liable for failing to provide insurance documentation.
Insurance law – insurer’s liability requires proof of an operative policy for the loss period; absence of a 2019 policy precludes indemnity. Consumer protection – lender’s duty to provide key insurance documentation; lender liable for representations to borrower. Burden of proof in civil claims.
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27 February 2026 |
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Judicial review unavailable for private employment disputes; accepted offer created contract but remedy is an ordinary claim.
Judicial review — amenability — employment/contract dispute — offer and acceptance — withdrawal of offer — private law vs public law — exhaustion of internal remedies — certiorari/mandamus inappropriate for pure contractual claims.
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10 February 2026 |
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Local government's summary closure of a registered school was procedurally unlawful, irrational and is quashed; school must be reopened.
Administrative law — Judicial review — Amenability of local government decision to review; Illegality and ultra vires acts; Procedural impropriety and audi alteram partem — Education Act (sections 37, 46) — Requirements for notice, inquiry and hearing before closing private schools; Wednesbury irrationality; Remedies: certiorari, mandamus, prohibition, injunction, costs; damages declined for lack of evidence.
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10 February 2026 |
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Contempt application dismissed for failure to prove respondents had notice of the injunction and wilfully disobeyed it.
Civil contempt — elements: existence of order, service/notice, non‑compliance, wilfulness; affidavit irregularities — severability; personal service and proof of knowledge required for committal.
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10 February 2026 |
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Court struck out counter-claim that exceeded the scope of granted leave as an abuse of the amendment process.
Civil procedure – Amendment of pleadings – Leave to amend must be based on proposed amended pleading – Proposed pleading bounds scope of amendment – Abuse of process where new party or new cause of action introduced without fresh leave – Power to strike out under Section 98 CPA and s.14(2) Judicature Act – Order 6 r30(1) inapplicable where cause of action disclosed.
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10 February 2026 |
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Attachment before judgment dismissed; merger did not prove respondent’s intent to dispose assets or evade a decree.
Civil procedure — Attachment before judgment — Section 64 Civil Procedure Act and Order 40(5) CPR — Requirement of clear proof of present intent to dispose or remove property to obstruct execution — Merger/vesting of assets under repeal statute — Remedy to be exercised sparingly.
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10 February 2026 |
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High Court lacked first-instance jurisdiction for sole custody but allowed applicant to travel with child and have custody abroad.
Jurisdiction — High Court inherent jurisdiction vs Magistrates' Court as first-instance for custody; Children Act — custody by agreement (s118) and sole custody procedure (s116, Rule 19 SI 59–2); Parental duty under Constitution Article 31(4); Proof of child's age (Registration of Persons Act s39(3)); Court's remedial power under Judicature Act s37; Relocation of child and consent of other parent.
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4 February 2026 |
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Court extended expired letters of administration five years to allow the estate to continue receiving pension.
Succession — Renewal/extension of expired letters of administration — Succession Act s256(3) and s256(4)(c) — Court’s discretion under Judicature Act s37 — Estate receiving pension — beneficiaries’ consent — conditions: inventory and accounts — costs.
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2 February 2026 |
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Court extended expired letters of administration for two years, requiring inventory and account within one year.
Succession law — Extension/renewal of letters of administration — Applicability of s.256(3) and s.337(4) Succession Act — Requirement to show just cause for grants issued before 31 May 2022 — Beneficiaries’ consent — Filing of inventory and accounts.
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2 February 2026 |
| January 2026 |
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The court extended the applicants' expired letters of administration for two years after finding just cause.
Succession law – Renewal/extension of Letters of Administration – Section 337(4) Succession Act – requirement to show just cause – beneficiaries' consent – conditional extension requiring inventory and full account – costs awarded to administrators.
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27 January 2026 |
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Court extended the applicant's letters of administration two years due to a pending suit, ordering inventory and accounts.
Succession Act – Extension of Letters of Administration – Section 337(4) (pre-31 May 2022 grants) – "just cause" established by pending civil suit – requirement to file inventory and accounts – costs payable by administrator.
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27 January 2026 |
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Applicants lacked locus to renew expired letters; letters became inoperative after co-administrator's death; application dismissed.
Succession Act – renewal of letters of administration – locus to apply – effect of death of joint administrator (s.230(2)(d)) – extension of pre-31 May 2022 grants (s.337(4)) – fitness of administrator – beneficiaries' consent – certificate of no objection from Administrator General.
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27 January 2026 |
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Local government officers unlawfully entered land and assaulted the owner, violating non‑derogable rights; damages awarded.
Property law – Trespass to land; Certificate of title conclusive proof of ownership; Physical Planning Act – enforcement notice and compliance period; Constitutional law – prohibition of torture, cruel, inhuman or degrading treatment (Articles 24, 44); Vicarious liability of local government; Damages and punitive liability for public officer.
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23 January 2026 |
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Lineal beneficiaries may sue to recover intestate land and fraud/constructive trust can defeat limitation defenses.
Succession law – beneficiaries' locus to protect intestate property; Limitation Act – accrual under s.6(2); s.19(1) exception for fraud/fraudulent breach of trust; constructive trustee and concealment of title prevents statute-bar defence.
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23 January 2026 |
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Court allowed joinder of beneficiaries and a co‑administrator to a suit seeking cancellation of title and removal of a caveat.
Civil procedure — Order 1 Rule 10(2) CPR — joinder of necessary parties; beneficiaries and co‑administrators; maintainability of suit; abuse of court process; cancellation of title and removal of caveat.
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23 January 2026 |
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Court ordered resurvey of gazetted forest reserve after finding NFA’s acreage error and adjusted title boundaries.
Land law – validity of registered title overlapping a gazetted central forest reserve – statutory declaration SI No.63/1998 – boundary plan BP1631 – resurvey and GPS re‑establishment – remedy for erroneous public body plotting (NFA).
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23 January 2026 |
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Whether refusal to sign transfer documents constituted civil contempt enforceable by coercive compliance and a fine.
Civil contempt — enforcement of consent judgments — elements of civil contempt (lawful order, knowledge, ability, failure) — coercive remedies (specific performance, conditional fine) — refusal to imprison where circumstances do not warrant committal.
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23 January 2026 |
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Judicial review dismissed as time‑barred: filed beyond the three‑month statutory limit without seeking extension.
Judicial review — time limits — Section 40(7) Judicature Act and Rule 5(1) Judicial Review Rules — three-month limitation — date grounds first arose is date decision issued — failure to seek extension — jurisdictional bar — dismissal without costs.
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23 January 2026 |
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Mortgagee entitled to sell by public auction and obtain eviction after complying with statutory notice requirements.
Mortgage law – legal mortgage registration – compliance with demand and notice requirements under the Mortgage Act – remedies of mortgagee including power of sale and entry into possession – sale by public auction – eviction for vacant possession – ex parte proceedings after substituted service.
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23 January 2026 |
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Court permits mortgagee to sell by public auction and obtain eviction after statutory notice compliance, with no costs awarded.
Mortgage law – Legal mortgage registration; compliance with Mortgage Act notices (demand, default, notice of sale); power of sale by public auction; entitlement to vacant possession and eviction; discretionary refusal of costs.
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23 January 2026 |
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Court permitted amendment of plaint to reflect discovered title, finding no prejudice and costs in the cause.
Civil Procedure — Amendment of pleadings — Order 6 Rule 19 CPR — leave to amend before hearing — discovery of new facts after filing — titled land vs unregistered plots — change of cause of action — prejudice compensable by costs — interest of justice.
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23 January 2026 |
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Appellant's challenges to the company's incorporation and to the existence of tenancy failed; trial court's findings were upheld.
Civil procedure – preliminary objections and capacity to sue – timing and pleading of preliminary points; Evidence – proof of corporate existence by witness admission, registration details, company form and post-trial exhibit; Landlord and tenant – creation of tenancy by conduct/oral agreement, receipts and local leader corroboration as proof of occupation and rent arrears; Burden of proof – plaintiff’s duty to prove tenancy; Appellate review – re-evaluation of evidence and assessment of credibility.
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23 January 2026 |