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Citation
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Judgment date
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| February 2026 |
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Alleged contempt dismissed because the interim order had been vacated by consent before the alleged breach.
Contempt of court – jurisdiction to determine contempt of own orders – elements of contempt: existence of lawful order, knowledge, deliberate non-compliance – effect of consent order vacating interim order.
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20 February 2026 |
| January 2026 |
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High Court reviews its appellate judgment where omission to describe suit-land boundaries caused execution to affect neighbouring registered land.
Civil procedure – Review of High Court appellate judgment – Jurisdiction to correct errors apparent on the face of the record; Execution – delivery of property specifically decreed v. attachment – objector proceeding inapplicable; Locus in quo and boundary demarcation – sketch plan (PEX112) defines suit land; Registered neighbouring land excluded from decree/execution.
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30 January 2026 |
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Non‑service of a memorandum of appeal does not automatically render an appeal incompetent where the respondent’s conduct indicates waiver.
Civil procedure – Appeals – Service of memorandum of appeal – Whether non‑service renders appeal incompetent – Waiver by conduct (extraction/service of hearing notice) – Courts to favour substantive justice over technical non‑compliance.
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28 January 2026 |
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Court permitted amendment of the plaint to specify the disputed plot, overruling objections on service and affidavit authority.
Civil procedure — Amendment of pleadings — Leave to amend to clarify land description — Criteria: avoid injustice, interest of justice, good faith, not prohibited by law — Preliminary objections on affidavit authority and service time — Overruled.
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23 January 2026 |
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Appellate court upheld convictions and compensation for obtaining money by false pretence and conspiracy; sentence affirmed.
Criminal law – Obtaining money by false pretence – Elements: misstatement, knowledge, intent to defraud, detrimental reliance – Conspiracy to commit a felony – Appellate review of evidence – Sentence review – Compensation award.
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21 January 2026 |
| October 2025 |
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The applicant's land claim was struck out as time‑barred and for failing to plead a cause of action or the fraud exception.
Limitation of actions – recovery of land – 12‑year period – accrual of cause of action; Preliminary objections – plaint to be rejected under Order 7 Rule 11(d) where time‑barred; Non‑disclosure of cause of action – Order 7 Rule 7; Fraud exception (Section 25) must be pleaded in the plaint.
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29 October 2025 |
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Application to extend time and validate an out-of-time appeal dismissed for failure to show sufficient cause.
Extension of time – sufficient cause – mistake/negligence of counsel – sickness – validation of out-of-time memorandum of appeal – discretion to enlarge time.
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16 October 2025 |
| September 2025 |
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Appeal dismissed: no privity or proven agency, alleged admissions unclear, trial court correctly assessed evidence.
Contract law – privity of contract and agency – necessity of proving agency by clear evidence; Civil procedure – admissions – must be clear, unambiguous and drawn to the court’s attention to warrant judgment on admission; Appeal – appellate re-evaluation of evidence supports trial court findings where key third party not produced.
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30 September 2025 |
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A dismissal under O.17 r.4 can operate as a final decision and bar a subsequent suit as res judicata.
Civil procedure — res judicata — dismissal under Order 17 Rule 4 — constitutes decision on merits — same cause of action and privies bar subsequent suit.
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18 September 2025 |
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Application for stay of execution dismissed for failure to provide security or show likelihood of success on appeal.
Civil procedure – Stay of execution – O.43 R.4(3) CPR – conditions: substantial loss, no unreasonable delay, security – Taxation of costs as a threat of execution – Requirement to show likelihood of success if no security furnished.
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12 September 2025 |
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Ignorance of procedure by an unrepresented appellant can be sufficient cause to extend time to file an appeal.
Civil procedure – appeals – extension of time to file memorandum of appeal – sufficient/good cause required; ignorance of procedure by unrepresented litigant may constitute sufficient cause; defective notice of appeal struck out; appeal to be filed within prescribed extended period.
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10 September 2025 |
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Ignorance of appellate procedure by an unrepresented litigant can justify extension of time to file an appeal.
Civil procedure – extension of time to appeal – discretion to grant leave upon proof of sufficient/good cause; Appellate procedure – distinction between notice of appeal and memorandum of appeal; Procedural ignorance – ignorance of procedure by an unrepresented litigant may constitute sufficient cause; Delay/dilatory conduct – assessed in granting extension and may be fatal if inexcusable.
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10 September 2025 |
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10 September 2025 |
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Ignorance of appeal procedure (filing notice instead of memorandum) can constitute sufficient cause to extend time to appeal.
Civil procedure – extension of time to appeal – sufficient/good cause – ignorance of procedure by unrepresented litigant may constitute sufficient cause – notice of appeal versus memorandum of appeal – court’s discretion to extend time.
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10 September 2025 |
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10 September 2025 |
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10 September 2025 |
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Review dismissed: applicant not aggrieved because preliminary dismissal did not extinguish alleged property right.
Civil procedure – Review under Section 82 and Order 46 – Requirement of aggrievement/loss of right or title – Dismissal on preliminary objections does not necessarily create a legal grievance – Right to institute fresh suit subject to limitation.
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10 September 2025 |
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10 September 2025 |
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10 September 2025 |
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10 September 2025 |
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Review dismissed: preliminary-objection dismissal did not deprive the applicant of a legal right, so no review remedy.
Civil procedure — Review — Requirement that applicant be an aggrieved person who has suffered loss of a right or title — Dismissal on preliminary objections (locus standi/no cause of action) not amounting to loss of right — Remedy: institution of proper suit subject to limitation — Costs awarded.
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10 September 2025 |
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Whether a stolen vehicle reverts on conviction or whether innocent purchasers with documents of title acquire good title.
Sale of Goods Act – Sections 31 and 32 – reversion of property in stolen goods on conviction versus protection of innocent purchasers holding documents of title. Property law – nemo dat quod non habet – defective title and exceptions where transferor is in possession of documents of title. Civil proof – standard for alleging fraud; burden on plaintiff to prove fraud by clear and convincing civil standard
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5 September 2025 |
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A consent judgment was set aside for illegality, collusion, and misunderstanding, requiring parties to revert to their pre-judgment positions.
Civil procedure – Consent judgment – Setting aside consent judgment – Collusion, illegality, and misapprehension of material facts – Legal effect of statutory declaration regarding identity – Authority of Assistant Registrar – Binding effect of actions by counsel.
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4 September 2025 |
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Application for leave to appeal out of time dismissed due to failure to show sufficient cause for delay.
Civil Procedure – Extension of time – Affidavit in reply filed out of time without leave – Sufficient cause for delay – Dismissal of application for leave to appeal out of time.
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4 September 2025 |
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A police officer was found personally liable for unlawfully shooting the plaintiff, with the state not held vicariously liable.
Tort – Police brutality – Unlawful shooting by police officer – Vicarious liability of the state – Scope of employment – Damages for civil wrongs
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3 September 2025 |
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A dismissed appeal cannot be reinstated where the applicants fail to show sufficient cause or prove diligent prosecution.
Civil procedure – dismissal of appeal for nonappearance – reinstatement of appeal – sufficient cause – diligence and negligence – misplacement of court file.
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2 September 2025 |
| July 2025 |
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Failure to comply with a discovery order warranted striking out the defence and awarding costs to the applicant.
Civil procedure – discovery and interrogatories – consent court order requiring production of certified documents – failure to comply. Civil procedure – Order 10 Rule 21 CPR – striking out a defence for non-compliance with discovery/interrogatories
Remedy – placing non-compliant defendant in position as if not defended and costs award
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10 July 2025 |
| May 2025 |
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A party may not prove title using evidence or agreements not pleaded; unpleaded departures are fatal to the case.
Civil procedure – Pleadings – Departure from pleadings at trial – Admissibility of evidence inconsistent with plaint – Requirement to amend pleadings – Proof of title on balance of probabilities; Evidence – Credibility affected by unpleaded material.
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30 May 2025 |
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Appellant failed to prove customary land ownership; magistrate's findings and locus inspection were upheld and appeal dismissed.
Civil appeal — first appellate court’s duty to re-evaluate evidence; Burden of proof in civil claims — balance of probabilities; Customary land disputes — proof of ownership and allocation by clan; Locus in quo inspections — weight and effect on findings of fact.
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29 May 2025 |
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An ex parte judgment already taxed and in execution cannot be reopened; trial court became functus officio and the judgment is reinstated.
Civil procedure – functus officio – final judgment, taxation and execution bar trial court from reopening matter; substituted/adequate service – reopening not justified; ex parte judgment reinstated.
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9 May 2025 |
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Interlocutory judgment deprived the defendant of locus; the plaint disclosed a cause of action and the dispute was not moot.
Civil procedure – preliminary objections – locus to be heard – interlocutory judgment – effect of interlocutory judgment absent application to set aside. Civil procedure – mootness – registration of property does not necessarily moot claims where possession, caveats and reliefs sought remain live. Civil practice – plaint sufficiency – cause of action exists where right alleged, violation and responsible party pleaded
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7 May 2025 |
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Convicted thief’s possession and documents revested apparent title to innocent purchasers protected under Section 32.
Sale of Goods Act – Reversion of stolen goods (ss.31–32) – nemo dat quod non habet – protection of innocent purchasers in possession of documents of title – fraud must be proved on strong civil standard.
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5 May 2025 |
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Conviction of a thief does not automatically revest property where bona fide purchasers received documents of title in good faith.
Sale of Goods Act—Sections 31 and 32—reversion of stolen goods vs protection of bona fide purchasers; document of title/bill of lading as transfer of title; nemo dat quod non habet; standard of proof for civil fraud (heavier than balance but less than beyond reasonable doubt).
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5 May 2025 |
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A thief’s conviction does not automatically revest property where innocent purchasers acquired goods via documents of title in good faith.
Sale of Goods Act – reversion of stolen goods (s.31) – exception for transfers by person in possession of goods or documents of title (s.32) – nemo dat quod non habet – protection of innocent purchasers acquiring defective title – standard of proof for fraud in civil cases.
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5 May 2025 |
| April 2025 |
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Court refused to recall a witness for further cross-examination as prejudicial, abusive of process, and unnecessary.
Civil procedure – Recalling witnesses (Order 18 r.13 CPR) – Discretion to reopen evidence – Grounds for recall: fresh evidence, inadvertence, mistaken fact or law – Considerations: materiality, prejudice, stage of litigation, finality, abuse of process.
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30 April 2025 |
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The appeal recognized adverse possession over 12 years, impacting the land ownership claim's validity.
Property Law – Land ownership dispute – Adverse possession – Title claim by beneficiary vs. possession claim by family.
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16 April 2025 |
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Civil Procedure—Execution—garnishee orders—public funds held in trust—illegality of attaching district accounts—wrong procedure overridden by illegality—no evidence to trace statutory from non-statutory funds—each party to bear own costs
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16 April 2025 |
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Court declares attachment of local government statutory/trust accounts illegal; each party to bear own costs.
Public finance — Garnishee/attachment — Statutory or trust funds held by local government — Whether such funds are liable to garnishee to satisfy private judgment — Procedure: objector proceedings versus stay of execution — Illegality principle overriding procedural irregularity.
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16 April 2025 |
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16 April 2025 |
| February 2025 |
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Court allowed estate administrator to be substituted for deceased defendant using inherent jurisdiction despite delayed proceedings.
Civil procedure – substitution of legal representative after death of defendant – Order 24 r.4 and r.11 CPR – interlocutory judgment does not terminate suit – inherent jurisdiction under s.33 Judicature Act and s.98 Civil Procedure Act – abatement and delay – execution proceedings.
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13 February 2025 |
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Substitution of a defendant allowed with costs; leave to amend plaint denied as it introduces a new, prejudicial cause of action.
Civil procedure – substitution of parties – Order 1 Rule 10(2) CPR – court may remove wrongly joined party and allow substitution; Affidavit evidence – Order 19 Rule 31 CPR – affidavits confined to deponent’s own knowledge; hearsay inadmissibility; Amendment of pleadings – Order 6 Rule 13 CPR – amendment disallowed where it introduces a new cause of action, adds/drops parties or unfairly prejudices the opposite party; fraud must be specifically pleaded; Costs – discretionary and may follow the event.
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7 February 2025 |
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Court severed offending paragraphs of an affidavit under Order 19 r.3 and overruled the preliminary objection, allowing merits hearing.
Civil procedure – Preliminary objection – Affidavit - Order 19 r.3 CPR – Argumentative statements and matters of law in affidavits – Severance of offending paragraphs versus striking out – Relevance objections to be determined on merits.
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7 February 2025 |
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The plaintiffs' suit abated for failing to take out summons for directions; a counterclaim against a co‑defendant is incompetent.
Civil procedure – mandatory requirement to take out summons for directions under Order 11 (Civil Procedure (Amendment) Rules, 2019) – failure to comply causes abatement of suit
Counterclaims – scope and competence – a defendant cannot maintain a counterclaim solely against a co-defendant or non-parties; such pleading is incompetent. Inherent powers – not to be invoked where statute and rules adequately provide remedy
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7 February 2025 |
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An appeal dismissed under Section 17(2) may be reinstated where dismissal resulted from the court’s procedural error.
Civil procedure – dismissal for non-prosecution under section 17(2) Judicature Act – reinstatement where dismissal due to court’s procedural error; party not to be condemned for court’s fault.* Procedural fairness – premature dismissal before lower court record called and before service of hearing notice may amount to sufficient cause to set aside dismissal.
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7 February 2025 |
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6 February 2025 |
| January 2025 |
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A land sale based on a minor’s purported power of attorney and an expired lease is void, nullifying subsequent transfers.
Capacity of minors – contract law – minors cannot validly contract or grant power of attorney to sell land; such acts are void ab initio. Land law – lease expiry – expired lease reverts to lessor; holding over without entitlement does not confer transferable title
Equity – equitable interest cannot be founded on antecedent illegality in the chain of title. Civil procedure – appellate review – inconsistent findings and legal defects justify setting aside trial court orders
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31 January 2025 |
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Appeal dismissed: respondents failed to prove ownership or possession and the trespass claim was time-barred.
Civil procedure – appeal – re-evaluation of evidence on first appeal; Evidence – standard of proof on balance of probabilities in land ownership disputes; Limitation of actions – Section 5 Limitation Act, recovery of land after twelve years; Torts – trespass to land is possessory in nature and requires proof of possession; Continuous tort argument does not negate statutory limitation where possession not shown.
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1 January 2025 |
| December 2024 |
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An appeal lacking a properly filed and presented memorandum under Order 43 is invalid and dismissed with costs.
Civil procedure – Appeal – Requirement of memorandum of appeal – Order 43 r(1), r(2) – Failure to present memorandum invalidates appeal; submissions filed without leave are irregular and insufficient – Appeal dismissed with costs.
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20 December 2024 |
| November 2024 |
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Appellant's inconsistent pleadings and weak evidence led to dismissal and affirmation of the trial court's land ownership finding.
Civil procedure – time to appeal – Section 79(1) and 79(2) Civil Procedure Act – certified copy request freezes appeal period; Evidence – land ownership disputes – assessment of oral testimony, locus in quo and sketch map; Evidence – documentary exhibits must show attributes of ownership/possession to be probative; Pleadings – party bound by pleadings (Order 6 Rule 7 CPR) and departure from pleadings undermines credibility; Evaluation of credibility – consistency of witnesses and contradictions in defence.
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19 November 2024 |
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Claim to recover land dismissed as time-barred; amendment Rules did not apply retroactively.
Civil Procedure – commencement of statutory instrument – where no commencement date specified, commencement is date of Gazette publication (Interpretation Act s.17)
Civil Procedure – summons for directions under CPR (Amendment) Rules 2019 – not applicable to suits filed before Rules’ commencement
Limitation – recovery of land – s.5 Limitation Act: 12-year bar applies; causes of action pleaded as arising in 1999 render 2019 suit time-barred. Limitation exceptions – allegations of fraud must be specifically pleaded with circumstances to displace limitation (Limitation Act s.25)
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7 November 2024 |