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Citation
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Judgment date
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| January 2015 |
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Whether a foreign worker recruited by deception is a trafficked person and entitled to special, general and punitive damages.
Employment law – breach of contract – failure to provide agreed managerial role, allowances and emoluments. Trafficking in persons – recruitment by deception – foreign worker declared a trafficked person under the Prevention of Trafficking in Persons Act, 2009. Damages – award of special, general and punitive damages; exemplary damages awarded for oppressive conduct. Procedure – substituted service and ex parte proceedings where defendants absented themselves.
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30 January 2015 |
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A licensee deprived of use of market-built premises is not barred by a prior consent order and is entitled to compensation, not eviction.
Market redevelopment project; licence vs proprietary interest; consent decree and res judicata; municipal liability for delegated committee actions; unlawful deprivation; damages and costs award.
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30 January 2015 |
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Suspension beyond statutory period and dismissal without a fair hearing held unlawful; employee awarded salary, benefits and damages.
Employment law — suspension and dismissal — employer’s duty to afford hearing (s.66 Employment Act 2006) — suspension limited to four weeks (s.63) — employer must prove reason for dismissal (s.68) — remedies for unfair termination: unpaid salary, notice pay, accrued leave, severance, damages, provident fund.
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30 January 2015 |
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Unlawful termination conceded; contractual handbook governs severance and paid sums in Exh D.1 satisfy all due claims; costs awarded.
Employment law – unlawful termination (no hearing) – contractual staff handbook governs severance calculation – statutory severance formula absent – payment in lieu of notice and end-of-service benefits – relief limited to pleaded claims.
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29 January 2015 |
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A power of attorney terminates on the principal’s death; agents cannot continue litigation without probate authority.
Power of Attorney – termination on principal’s death; agency — agent’s authority ceases at death; probate procedure — letters of administration/executor required to pursue estate claims; preliminary objection — capacity and competence to sue; cause of action against advocate — triable but not determinative once POA invalidated.
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27 January 2015 |
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Judicial review cannot be used to stop DPP investigations; DCTs ordered released to Insurance Regulatory Authority with access preserved.
Judicial review — limits on using review to restrain prosecutorial investigations; custody and release of Duplicate Certificates of Title (DCTs); interim protective measures; prohibition of transfers during pending investigations.
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22 January 2015 |
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An appeal and subsequent High Court decision founded on a jurisdictionally defective, time‑barred appeal are nullities and reviewable.
Civil procedure – Review under s.82 Civil Procedure Act and O.46 CPR – Appeals tainted by res judicata, lack of leave and time‑bar – Jurisdictional defect – Illegality renders subsequent appellate decisions null and void.
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22 January 2015 |
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Regulatory guidelines without statutory authority cannot lawfully bar practising under a chosen firm name; refusal infringed constitutional rights.
Administrative law – regulatory guidelines versus subsidiary legislation – guidelines lacking statutory basis have no force of law. Subordinate legislation – byelaws/regulations require statutory authority and proper procedure (Statutory Instrument, ministerial approval). Constitutional rights – right to practise profession (Article 40(2)), equality/non-discrimination (Article 21), fair administrative treatment/hearing (Articles 42 and 44). Remedies – declaratory relief, order for renewal, compensation under Article 50, costs.
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19 January 2015 |
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Applicant failed to prove locus standi or redemption; trial court’s credibility findings and dismissal upheld, appeal dismissed with costs.
Land law – succession and locus standi; whether claimant is dependent/beneficiary under Succession Act; proof of redemption of mortgaged land; evaluation of witness credibility and documentary evidence; appellate review (Pandya v R) upholding trial court findings.
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13 January 2015 |
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Documentary agreements and conduct estop respondent from orally varying title; appellant entitled to quiet enjoyment.
Evidence — Parol evidence rule — Sections 91 and 92 Evidence Act — oral evidence inadmissible to contradict written agreements absent exception. Property — Title and possession — long possession and documentary agreements support right to quiet enjoyment. Estoppel — Conduct and acceptance of part of land may estop party from reclaiming full title. Appellate review — First appellate court duty to re-examine evidence where trial findings rest on impressions.
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12 January 2015 |
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Applicants exercising powers under Article 230(2) are amenable to judicial review; an interim ex parte order granted without mandatory notice was set aside.
Judicial review – public law remedy – locus standi of Inspector General/Inspectorate to be joined to judicial review proceedings under Article 230(2) and Inspectorate Act; issue estoppel – distinguishability and right to be heard; interim ex parte injunction – mandatory notice under O.37 r.3, illegality and vacation of order.
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9 January 2015 |
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Whether the defendant validly terminated the dealership for contractual breaches and whether the plaintiff’s security deposit is refundable.
Contract law – Exclusive dealership agreement – condition precedent to contract (payment of Shs.28,000,000) – performance targets – bounced cheques – contractual right to supply/takeover for supply failures – termination under express clauses – interpretation of ambiguous refund clause contra proferentem – refundable security deposit with interest – dismissal of other damages claims.
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9 January 2015 |
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A plaintiff company lacking proprietary interest and representative authority cannot sue for cancellation of title or related reliefs.
Civil procedure – Order 7 r.11 CPR – rejection of plaint for failing to disclose a cause of action; Representative actions – Order 1 r.8 CPR – capacity to sue on behalf of others; Land law – tenants’ locus to seek cancellation of title; Inspectorate/IGG report – enforcement by Registrar of Titles; Pleading – general damages require pleaded right/infringement.
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8 January 2015 |