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Citation
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Judgment date
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| December 2019 |
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Part-payment and admission fixed recoverable debt; uncorroborated accounts insufficient to prove larger claim.
Debt recovery; burden of proof on plaintiff; effect of admissions under Evidence Act s.22; inadmissibility/unreliability of uncorroborated financial statements; award of contractual/common-law interest and costs.
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20 December 2019 |
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Unlawful arrest, incommunicado torture by police and compensatory/punitive damages with shared State and perpetrators’ liability.
Constitutional rights — unlawful arrest and detention (Art.23); prohibition of torture and cruel, inhuman or degrading treatment (Arts.24,44); redress and compensation for constitutional rights violations (Art.50); state vicarious liability and personal liability of public officers; assessment of damages for torture, incommunicado detention and permanent incapacity.
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20 December 2019 |
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The applicant was unlawfully arrested, tortured in custody and awarded constitutional damages against the State and officers.
Constitutional law — unlawful arrest and detention — right to be informed of reasons and prompt presentation to court (Art.23); Prohibition of torture — absolute non‑derogable right (Arts.24,44) and Anti‑Torture Act; State vicarious liability for acts of police and personal liability of public officers under Human Rights (Enforcement) Act; Assessment and award of constitutional damages, interest and costs.
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20 December 2019 |
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Unlawful arrest and incommunicado torture entitled the plaintiff to declaratory relief, compensatory and punitive damages, and apportioned state and officers' liability.
Constitutional law – personal liberty and arrest procedures (Art.23); absolute prohibition of torture (Art.24/Art.44); remedy and compensation for human rights violations (Art.50(1)); vicarious and personal liability of State and public officers; assessment and apportionment of damages for unlawful detention and torture.
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20 December 2019 |
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Tenant’s failure to pay agreed rent and implied waiver allowed landlord’s re‑entry; tenant liable for arrears, damages, interest and costs.
* Contract/Tenancy – condition precedent – payment of rent as precondition to landlord vacating premises. * Waiver – tenant’s continued occupation and trading without paying rent constitutes implied waiver of right to complain. * Re-entry – landlord’s right to re-enter for rent arrears and to seek compensation. * Pleadings – late objection to a counterclaim is improper where the counterclaim has been met and responded to.
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20 December 2019 |
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Applicant failed to prove sufficient cause for non-appearance; reinstatement application dismissed with costs.
Civil procedure – summary suit – application to reinstate dismissed application – sufficiency of cause for non-appearance; procedural route to set aside dismissal (Order 9 Rule 23) vs Order 36 Rule 11; requirement for evidence of illness/accident (medical/accident reports).
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20 December 2019 |
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Defendant held liable for collision; plaintiffs awarded reduced special damages, general damages, costs and 20% interest.
Motor vehicle collision — causation — reliance on findings in related criminal proceedings; special damages — requirement to plead and strictly prove but oral evidence may suffice; assessment and reduction of claimed repair costs; award of paint and hire charges; general damages for inconvenience; exemplary damages refused where prior criminal costs awarded; interest and costs.
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20 December 2019 |
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20 December 2019 |
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Taxing master’s large instruction fee award set aside where no formal application for higher fee was made; fees reduced to prescribed scale.
Advocates’ costs – Taxation – Instruction fees – Applicability of 6th Schedule – Requirement of formal application/certificate for higher fee where matter is complex – Taxing master’s discretion limited by procedural requirements.
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20 December 2019 |
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Attorney General liable to pay quantum meruit compensation and damages for firefighting services solicited by police.
Limitation law – exception for mistake (Section 6(1)(c)) – quantum meruit – implied obligation to pay for emergency services solicited and accepted by police – authority of police officers to procure assistance – vicarious liability of the Attorney General for police acts – awards of compensation, general damages and interest.
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20 December 2019 |
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Emergency firefighting services solicited by police give rise to a quantum meruit claim against the state; limitation exception applied.
Limitation law – s.6(1)(c) (mistake exception) – limitation period begins on discovery of mistake; Res judicata – requirement of same parties and identical issue; Quantum meruit – emergency services solicited and accepted by police create obligation to pay; State liability – acts of police officers with ostensible authority may bind the State; Remedies – award of compensation, general damages, interest and costs.
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20 December 2019 |
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State liable on quantum meruit for firefighting services solicited and accepted by police; claim not time-barred.
* Limitation – discovery exception (Section 6(1)(c)) – time runs from discovery of mistake, not original incident; * Res judicata – requirements for application include same matter and same parties; * Quantum meruit – implied promise to pay where services solicited and accepted in emergency; * State liability – vicarious/state bound where police officer with ostensible authority solicits and accepts services; * Remedies – award of compensation, general damages, interest and costs.
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20 December 2019 |
Civil procedure—malicious prosecution—tort arising from civil proceedings—plaint struck out—no reasonable or probable cause—lack of malice—public policy—application allowed.
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20 December 2019 |
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Court granted mandamus compelling the land board to decide a conversion application within 60 days due to undue delay.
* Administrative law – Judicial review – Focus on legality of decision-making process rather than merits.
* Mandamus – compelling performance of public duties – remedy for unreasonable delay.
* Delay – failure to decide within reasonable time amounts to abuse of authority.
* Land law – conversion of customary tenure to freehold – role of District Land Board and Registrar of Titles.
* Third‑party clearance – Civil Aviation Authority objections where land abuts airport buffer zone.
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20 December 2019 |
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Malicious newspaper publications defamed a public figure; court awarded damages, apology, injunction and costs.
Defamation – defamatory meaning and test of right-thinking members of society – malice and context of publication – remedies: general and exemplary damages, interest, apology, permanent injunction and costs.
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20 December 2019 |
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Failure to prove that whistleblower information directly caused tax recovery defeats entitlement to the statutory 10% reward.
* Tax law – Whistleblower reward – Section 8, Finance Act 2014 – requirement to prove information led to tax recovery; evidentiary standard on causation and proof.
* Evidence – Acknowledgement of receipt (TIF) is not conclusive proof of reliance; burden of proof lies on informer to show direct causal link to recovery.
* Customs/agency liability – Section 147 EAC Customs Management Act imposes agent liability for duties but does not, without pleading and proof, establish fraud or active participation in evasion.
* Civil procedure – Fraud allegations must be specifically pleaded with particulars and strictly proven.
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20 December 2019 |
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Court upheld presidential power to appoint/second UPDF officers into police posts and found LDU recruitment lawful; application dismissed.
Constitutional and administrative law – presidential power of appointment (Art.172) – delegation and Police Act s.13; secondment of UPDF officers to Police – lawfulness of assigning police rank; UPDF Act – reserve/auxiliary forces and lawfulness of Local Defence Unit (LDU); procedural discretion to admit late affidavit (Civil Procedure Act s.96); discretionary nature of prerogative remedies.
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20 December 2019 |
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Court upheld Presidential power to appoint/second UPDF officers to police and found LDU recruitment lawful.
Judicial review — Legality of Presidential appointments and secondments of serving military officers to police; Article 172 Constitution; Police Act delegation; UPDF Act — Secondment and reserve forces; Legality of Local Defence Units (LDU); Admissibility of late affidavit/enlargement of time.
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20 December 2019 |
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Cancellation of a registered land title was unlawful for being ultra vires and for denying the applicant a fair hearing.
Land law; judicial review – illegality, ultra vires and functus officio; procedural impropriety – denial of audi alteram partem; cancellation of registered title; remedies: certiorari, prohibition and injunction.
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20 December 2019 |
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Arrest lawful absent proof of malice; logbook misplaced; plaintiff failed to prove purchase; claim dismissed and defendants awarded damages.
Criminal procedure – lawful arrest and detention – reasonable and probable cause – Police Act s.23; Malicious arrest – requirement to prove malice. Property/vehicle transfer – log book/transfer forms misplaced – URA duplicate and validation process. Civil evidence – onus of proof in purchase disputes – agency/proxy and contribution. Remedies – dismissal of claimant’s claim; award of damages and costs to defendants.
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20 December 2019 |
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Lessee (operator) held vicariously liable for negligent driver; lessor bank absolved under finance lease.
Tort — negligence — vicarious liability of employer for employee’s driving; finance lease — registered owner vs lessee liability; proof and assessment of general and special damages; effect of driver’s non‑appearance on adverse inference.
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20 December 2019 |
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Application for judicial review dismissed: regulator afforded fair process and private telecom not amenable to judicial review.
* Administrative law – judicial review – remedy focused on decision-making process and observance of natural justice.
* Fair hearing – public notice and public hearing satisfy audi alteram partem where complainant fails to attend.
* Sub judice – pending commercial proceedings can preclude administrative investigation.
* Bias – public pronouncements alone do not invalidate administrative action absent an improper decision thereafter.
* Public vs private – judicial review applies to public bodies; private corporations are not liable to public-law review for private-law disputes.
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20 December 2019 |
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Prisoners’ rights against torture breached; State vicariously liable and awarded damages split between State and officers.
Constitutional law – freedom from torture (Art.24, Art.44(a)) – Prevention and Prohibition of Torture Act; Evidence – plaintiff’s burden and corroboration by medical report; Vicarious liability – State/Attorney General liable for prison officers’ torts; Remedies – assessment and apportionment of compensatory and exemplary damages; Prisoners’ rights – enforceability and protection by courts.
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20 December 2019 |
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Appeal allowed: unpaid purchase balance and surveyor’s report established respondent’s trespass, eviction, payment with interest, damages and costs.
Land law – sale of land – alleged payment of balance and transfer – effect of unpaid balance on ownership; Civil procedure – appellate re-appraisal of evidence and use of independent surveyor; Evidence – handwriting expert opinion not given fair opportunity for cross-examination; Boundary disputes – locus visit and professional surveyor’s report; Remedies – eviction, payment of unpaid purchase balance with interest, general damages and costs.
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19 December 2019 |
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An LC-mediated oral agreement was binding; the applicant was estopped from reclaiming the sold land; appeal dismissed.
Property law – Sale of land – Subsequent oral/LC-mediated agreement superseding prior arrangements; Specific performance – impossibility where purchaser has occupied and used land (Contracts Act s64(2)(a)); Estoppel – seller barred from reclaiming sold land (Evidence Act s114); Appeal – re-appraisal of evidence on first appeal.
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19 December 2019 |
Constitutional law – fundamental rights and freedoms – freedom of movement (no-fly list) – right to dignity (degrading treatment) – non-derogable rights – judicial review – police powers (passport confiscation) – acts of infringement – injunction – damages
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16 December 2019 |
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Contempt application dismissed because the suspension was revoked before the contempt claim, leaving no live dispute.
Contempt of court — injunction — elements: existence of order, knowledge, non‑compliance; overtaken by events/mootness — revocation of suspension prior to contempt filing — no live dispute; costs.
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13 December 2019 |
| November 2019 |
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Interim injunction to halt implementation of digital tax stamps refused; public interest and operative legislation prevailed.
Tax law – temporary injunction – digital tax stamps (DTS) – challenge to regulations as ultra vires – public interest – reluctance to suspend operation of legislation – lis pendens/exhaustion of remedies.
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5 November 2019 |
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Court refused applicants’ request to restrain digital tax‑stamp implementation, prioritising public interest and statutory operation of law.
Tax law – Digital tax stamps – Interim injunction – restraint of public authority; judicial reluctance to suspend operation of legislation; requirements for interim injunction: prima facie case, irreparable harm, balance of convenience; issues of time‑bar, lis pendens and alternative remedy before Tax Appeals Tribunal.
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5 November 2019 |
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Interim protective orders require full disclosure and cannot be used to frustrate ongoing execution; application dismissed with costs.
Insolvency Act – Interim Protective Order – stay of execution – need for full disclosure of creditors, liabilities and assets – abuse of court process – competence of application where execution/warrant already issued.
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4 November 2019 |
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A delayed administrative decision, absent a time-bound court order and later served, does not automatically amount to contempt.
* Contempt of court – requirement of wilful disobedience to a court order – purpose to safeguard rule of law. * Administrative law/Electoral law – jurisdiction of Electoral Commission to determine election complaints post-declaration of results. * Remedies – contempt proceedings inappropriate for adjudicating the merits of administrative/electoral decisions; appeals or judicial review are proper avenues. * Effect of subsequent compliance – where decision is later served, contempt application may be overtaken by events.
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4 November 2019 |
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Applicant's malicious prosecution claim dismissed; prosecution had reasonable cause and claim against government was time‑barred.
Malicious prosecution – essential ingredients (institution of proceedings, lack of reasonable/probable cause, malice, termination in favour of plaintiff) – reasonable and probable cause judged objectively; Limitation law – actions against the Government barred after two years (Civil Procedure and Limitation (Miscellaneous Provisions) Act Cap 72 s.3(1)); Arrest and prosecution – police and DPP duties and sanctioning of files; Damages – plaintiff must prove inconvenience/loss causally linked to wrongful prosecution.
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1 November 2019 |
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No malicious prosecution proved; prosecution had reasonable cause and claim against the State was time-barred, suit dismissed with costs.
* Malicious prosecution — elements: institution of proceedings; lack of reasonable and probable cause; malice; termination in favour of plaintiff.
* Reasonable and probable cause — objective test based on materials available to prosecutor.
* Malice — requires improper motive or reckless disregard; not inferred merely from institution of prosecution.
* Limitation — actions against the State barred after statutory period (Civil Procedure and Limitation (Miscellaneous Provisions) Act, s.3(1)).
* Remedies — damages discretionary; costs follow the event.
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1 November 2019 |
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Commissioner’s rectification of the land register was irrational and ultra vires; court quashed the amendment order.
Land law; judicial review of administrative action; rectification of land register; procedural fairness; ultra vires and irrationality; certiorari to quash amendment of title; damages not automatic in judicial review; costs awarded to successful applicants.
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1 November 2019 |
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Commissioner’s title-rectification decision quashed as irrational and ultra vires; applicants awarded costs, no damages.
Administrative law – Judicial review of land registration rectification – Natural justice/fair hearing – Ultra vires and irrational exercise of statutory power – Certiorari quashing amendment of register – Damages not automatic in judicial review – Costs awarded to applicants (except 4th applicant's counsel).
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1 November 2019 |
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Plaintiff failed to prove malicious prosecution; defendants had reasonable cause and claim against the State was time-barred.
Malicious prosecution – elements (institution of proceedings; absence of reasonable/probable cause; malice; termination in favour) – Reasonable and probable cause assessed objectively – Malice requires improper purpose or reckless disregard – Limitation: actions in tort against the Government barred after two years (s.3(1) Civil Procedure and Limitation Act) – Damages and costs.
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1 November 2019 |
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Statutory demand set aside where a bona fide substantial dispute exists and insolvency may not be used for debt collection.
Insolvency law – statutory demand – bona fide substantial dispute as to debt – insolvency not a substitute for debt collection; judgment creditors should first pursue execution and other remedies.
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1 November 2019 |
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Commissioner’s title-rectification was ultra vires and irrational; certiorari granted to quash the amendment order.
Administrative law – Judicial review – Illegality, irrationality and procedural impropriety – Commissioner for Land Registration’s power to rectify title – Ultra vires exercise of power to evade prior court judgments – Certiorari to quash amendment order dated 27/11/2018.
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1 November 2019 |
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Registration of a company under a name confusingly similar to an existing company was unlawful; plaintiff’s trademark registration upheld.
Company law – registration of company names – misleading or confusing names – s.37 Companies Act; Trade mark law – registration, publication and distinctiveness – failure to object during statutory period; Property – proof of title and ownership of church land; Remedies – cancellation of registration, injunctions, damages and costs.
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1 November 2019 |
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Freezing was initially lawful on suspicion, but an almost year‑long freeze pending investigations became unreasonable and was lifted.
Anti‑Money Laundering Act – powers of Financial Intelligence Authority to halt financial activity on suspicion of money‑laundering; administrative discretion and principle of legality; limits on prolonged freezing of assets; right to timely resolution and protection of third‑party interests; judicial supervision of state investigatory delays.
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1 November 2019 |
| October 2019 |
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Interim injunction discharged because the underlying MOU expired and public interest/statutory duties justified lifting the order.
* Arbitration Act s.6 – court power to grant and to vary/discharge interim measures in support of arbitration. * Civil Procedure Act s.98 – supplementary remedy where Arbitration Act is silent. * Interim injunctions – discharge for material change of circumstances, undue hardship, public interest. * Public bodies – courts reluctant to restrain lawful statutory functions; public interest may justify discharge.
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31 October 2019 |
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Consent order transferred property; respondents held in contempt, fined or committed, awarded damages and injunction granted.
* Civil procedure – Contempt of court – Elements: existence of lawful order, knowledge and disobedience.
* Enforcement of consent judgment – transfers and mortgages effected after consent order void as against order.
* Remedies for contempt – fines, committal to civil prison, compensatory damages, injunctions and correction of land register.
* Police involvement – liability and referral of police officer’s conduct for investigation.
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30 October 2019 |
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Court set aside dismissal for want of prosecution under s.98 CPA and reinstated the suit to be heard on the merits.
Civil procedure – dismissal for want of prosecution under s.98 CPA – inherent jurisdiction to set aside dismissal and reinstate suit – counsel’s negligence and client’s rights – functus officio and court’s control over its orders (Rawal v Mombasa Hardware).
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8 October 2019 |
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State vicariously liable for hospital negligence in maternal death due to inadequate post‑operative care and failure to transfuse blood.
Medical negligence; doctor‑patient duty of care; failure to provide blood transfusion and inadequate post‑operative care; vicarious liability of State hospital; unpleaded contributory negligence cannot be relied upon; awards for special and general damages.
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3 October 2019 |
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Whether unsigned minutes created a valid contract and whether property should be decreed to purchaser and protected for the child.
Contract law – validity of agreement – minutes unsigned, lacking consideration and intention to be legally bound – not a gift inter vivos; Civil procedure – appellate interference with general damages where trial findings inconsistent; Family law – court exercising inherent/ equitable powers to protect child’s interest by ordering transfer of property; Equitable doctrines – in pari delicto and unjust enrichment/appropriation of payment.
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3 October 2019 |
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A non‑party guarantor may be discharged and an erroneous warrant set aside where the guarantor was not bound by the underlying suit.
Civil procedure – Guarantor liability – Whether a non‑party guarantor can be bound by consent/judgment – Res judicata inapplicable to non‑parties – Enforcement against principal debtor – Setting aside erroneous warrant of arrest issued by Assistant Registrar.
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2 October 2019 |
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Adoption permitted despite statutory age shortfall where child’s best interests, consent and long‑term fostering support adoption.
Children Act – Adoption – Welfare principle paramount; residency and fostering requirements for non‑citizen adopters; statutory age differential versus best interests; parental consent and custody order; permission for international relocation and registration.
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1 October 2019 |
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Court allowed amendment to add beneficiaries, finding no prejudice and leaving technical objections for later determination.
Civil procedure – Amendment of pleadings – Leave to amend to add additional plaintiffs – Order 1 Rule 1 CPR; Section 98 Civil Procedure Act; Section 33 Judicature Act – Avoidance of multiplicity of suits – Technical objections (particulars of fraud, limitation) to be addressed at substantive stage.
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1 October 2019 |
| September 2019 |
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The appellant failed to rebut the respondent’s account; magistrate’s award and jurisdiction were upheld.
Magistrates’ pecuniary jurisdiction; extent of permissible awards (interest, damages, costs); evidential value and burden to rebut a statement of account; duty to facilitate agreed re-measurement; first appeal standard on facts.
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30 September 2019 |
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An interim stay of eviction may be granted urgently where a substantive application is pending and execution poses an imminent threat.
Civil procedure – Interim stay of execution – urgency and ex parte relief – requirement that a substantive application be pending and a real threat of execution exist (Hwan Sung Industries) – amended CPR notice exceptions – stay of warrant for vacant possession pending fixation of substantive application.
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27 September 2019 |