|
Citation
|
Judgment date
|
| March 2018 |
|
|
Publication of a public-space photograph on a billboard without consent infringed the applicant’s privacy; injunction and nominal damages awarded.
Constitutional and international law – Right to privacy (Article 27 Constitution; Article 17 ICCPR) – Publication of images taken in public spaces – when publication for commercial gain requires consent. Balancing exercise – right to privacy versus freedom of expression/commercial speech. Remedies – nominal damages and injunctive relief for unauthorized commercial use of image.
|
26 March 2018 |
|
Failure to plead disability renders a proprietary land claim time‑barred; trial court misdirected on limitation.
Limitation Act (s.5, s.6, s.11, s.21(1)(c)) – actions to recover land – accrual of cause of action – disability does not postpone accrual but may extend limitation if pleaded; Pleadings – disability must be pleaded (Order 18 r.13 CPR); Adverse possession – uninterrupted hostile possession can vest title; Out‑of‑time land claims are barred and trial judgments based on unpleaded disability are liable to be set aside.
|
22 March 2018 |
|
A school’s use of a one-off pre-registration test to exclude promoted candidates from its UNEB centre was unfair, discriminatory and unlawful.
Administrative law – grant-aided schools – actions constituting administrative action – Article 42 (right to fair administrative action). Education law – promotion to candidate class – legitimate expectation to be registered at school UNEB centre after promotion to S.4. Assessment law – distinction between formative/interim (low-stakes) and summative/high-stakes tests; improper conversion and use of diagnostic test as pre-registration high-stakes exam. Discrimination – wrongful/animus-based discrimination by excluding lower-performing students to protect institutional reputation. Remedies – award of general damages for emotional and practical harm, interest and costs.
|
22 March 2018 |
|
Agreement to assist obtain replacement certificates held voluntary, lacking contractual intention and consideration; appeal dismissed.
Contract law – Intention to create legal relations – Consideration – Voluntary assistance versus enforceable agreement; First appeal – re‑hearing evidence and error of law in finding enforceable contract.
|
22 March 2018 |
|
A Taxing Officer must give reasons for a taxation award; an unreasoned award was set aside and remitted for fresh taxation.
Taxation of costs – Duty of Taxing Officer to give reasons – Judicial obligation to state principles and factual conclusions – Unreasoned taxation award set aside and remit for fresh taxation.
|
19 March 2018 |
|
Court reversed Law Council’s imposition of extra supervised practice, ordered certificate issuance, awarded damages and costs.
Advocates Act — review of Law Council decisions — distinction between judicial review and statutory review under Advocates Act; supervised practice requirements — scope and limits of Law Council powers; recognition of foreign/postgraduate professional legal qualifications — non‑discrimination and EAC integration obligations; misfeasance in public office — remedy of damages; orders reversing administrative decision and directing issuance of certificate of eligibility.
|
16 March 2018 |
|
A mutual commercial reconciliation is binding absent proven duress or misrepresentation; defendant liable for reconciled debt and damages.
Commercial law – account reconciliation – binding effect of mutually signed reconciliation absent fraud, mistake, undue influence or illegitimate duress; Evidence Act – admissions; Contract law – duress, undue influence, non est factum and mistake; Remedies – damages and interest on decreed commercial debts.
|
15 March 2018 |
|
Court ordered taxation of advocate-client bill after the respondent failed to demand taxation within the statutory period.
Advocates Act ss.50, 57–58 – advocate-client bills – effect of written fee agreement; service and itemisation requirements; taxation by Taxing Officer; court’s power to order taxation where client fails to act; Advocates (Remuneration and Taxation) Reg.10.
|
15 March 2018 |
|
The respondent failed to prove customary inheritance; communal customary ownership of the land succeeded.
Customary land – proof of customary ownership and inheritance – burden on claimant to establish applicable customary rules and devolution – corporate entity cannot rely on director’s inheritance without proof – communal grazing rights and abandonment.
|
15 March 2018 |
|
An administration deed bars garnishee enforcement where the creditor’s claim arose prior to the deed; advocate’s fees were so bound.
Insolvency law – provisional administration – moratorium on enforcement actions under administration deed. Administration deed binds creditors as to claims arising on or before the deed’s date, including contingent claims. Advocate’s professional fees arising from instructions accepted before administration are provable contingent liabilities. Creditor bound by deed must prove its debt to the administrator or obtain court leave before enforcement.
|
15 March 2018 |
|
Court holds award procured in breach of PPDA was nullity; contract cancelled and awarded to appellant.
Public Procurement – evaluation criteria – substantial responsiveness to bidding document – failure to meet mandatory experience requirements renders bid non-responsive; Public Procurement – administrative review – section 90(7) PPDA Act mandatory; contract signed during review period is void; Regulations cannot validate illegally procured contracts; procedural objections (late memorandum, absence of party at Tribunal) do not bar merit review where party heard on appeal.
|
13 March 2018 |
|
Temporary injunction granted restraining travel ban pending trial, finding prima facie case, irreparable harm and balance of convenience in applicant’s favour.
Civil procedure – Temporary injunction – criteria: prima facie case, irreparable injury, balance of convenience. Tax law – travel ban – section 105 Income Tax Act – requirement of reasonable grounds that person may leave permanently. Constitutional law – right to practise profession (Art 40(2)) – loss of constitutional rights may constitute irreparable harm. Res judicata and pre-existing appellate findings – limitations on interlocutory relief and the need not to decide substantive issues at interlocutory stage.
|
4 March 2018 |