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Citation
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Judgment date
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| March 2019 |
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Commission’s findings affecting the applicant quashed for breach of procedural fairness and reasonable apprehension of bias.
Administrative law – judicial review of a commission of inquiry – bias and reasonable apprehension of bias; procedural fairness and duty to act fairly; adequacy of summons/notice to persons under inquiry; limits of judicial intervention — irrationality (Wednesbury) vs procedural impropriety; remedies – declaratory relief and costs.
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29 March 2019 |
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Apprehension of bias and lack of adequate notice render commission findings against the applicant null and void.
Judicial review of commissions of inquiry; reasonable apprehension of bias; duty to act fairly/natural justice in inquisitorial inquiries; adequacy of witness summons and notice; limits of Wednesbury irrationality; discretionary remedies (declaratory order and costs).
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29 March 2019 |
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28 March 2019 |
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Court issued mandamus compelling Treasury to pay an overdue government judgment debt after formal demand and prolonged delay.
Administrative law – Mandamus – Judicial review available where no effective alternative remedy; Government judgment debts – duty of Treasury/Permanent Secretary to pay decretal sums; Demand requisites – formal demand to appropriate office; Default/non-response – ex parte proceedings justified.
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25 March 2019 |
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Court orders payment through current claimant attorneys, rejects MECCABEA’s claims, and requires verification to prevent champerty.
Decretal payments – entitlement and collecting agent; validity of powers of attorney; post‑judgment associations and champerty; verification of lawful beneficiaries; prohibition of maintenance and champerty agreements.
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21 March 2019 |
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Court granted a temporary injunction to preserve the status quo over disputed land pending the main suit.
Interlocutory relief – Temporary injunction – requirement of prima facie case and irreparable harm; where undecided, balance of convenience to preserve status quo – land disputes; proprietary rights vs alleged partnership investment.
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20 March 2019 |
civil procedure—constitutional law—human rights—preventive arrest—freedom from torture, cruel, inhuman or degrading treatment—freedom of movement and association—public order—police powers—justification for arrest—compensation—liability of government agencies—costs
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15 March 2019 |
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Whether a district land board is a necessary party where its allocation underlies a disputed title over leased land.
* Land law – joinder of parties – addition of statutory land board as necessary party under Order 1 r.10(2); * Procedural law – ex parte proceedings and treatment of late affidavits; * Civil procedure – requirement to observe statutory notices before suing a statutory body; * Title disputes – allocation by district land board versus subsisting leaseholder rights.
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14 March 2019 |
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Applicant’s claim to ancestral land dismissed: respondents lawfully occupy inherited portion and claim barred by limitation.
Land dispute – customary succession and division of kibanja; proof on balance of probabilities; continuous occupation and burial as indicia of title; Limitation Act (12 years) – time bar to recovery; evidentiary weight of locus inspection and long possession.
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13 March 2019 |
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Long‑standing caveats left unaddressed by the Registrar were vacated to enable the Administrator General to wind up the estate.
Caveats — Registration of Titles Act (ss.139–141) — Registrar’s duty to notify and act timely — Administrator General’s duty to realize estate property — long‑standing caveats — judicial removal where registrar neglects statutory duty.
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13 March 2019 |
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Appellants who inherited long possession were bona fide occupants; eviction and unsupported damages were set aside.
Land law – bona fide occupants – s.29(2) & s.29(5) Land Act; inheritance/transfer of occupancy; evaluation of evidence on possession; registered proprietor vs bona fide occupant; improper award of general damages without proof; locus in quo evidence not fatal where record suffices.
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11 March 2019 |
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Regulator and bank lawfully froze corporate accounts due to majority shareholder's nexus with alleged Ponzi scheme; application dismissed.
* Financial Institutions Act s.118 – central bank power to direct freezing of accounts where funds are suspected proceeds of crime. * Anti‑Money Laundering Act – accountable persons’ duty to detect, investigate and report suspicious transactions and to undertake enhanced due diligence. * Corporate veil – relationship between majority shareholder/director and company may justify lifting veil where used to cloak wrongdoing. * Judicial review – regulator and bank freezing of accounts under statutory mandate not unlawful if exercise is rational and pursuant to AML/FIA duties.
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7 March 2019 |
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A judicial review challenging asset freezing under anti-money laundering law failed; court instead ordered restitution to verified fraud victims.
Judicial Review – Illegality, Irrationality, and Procedural Impropriety – Anti-Money Laundering Act – Asset Freezing – Right to be Heard – Discretion of Financial Intelligence Authority – Compensation for Victims of a Pyramid Scheme – Statutory Interpretation – Equitable Remedies.
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7 March 2019 |
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Applicant failed to show sufficient cause to reinstate dismissed application; supporting affidavit incurably defective; POA held valid.
Civil procedure — Order 9 r.23 — setting aside dismissal for non‑appearance — sufficient cause; Consent judgments — binding absent fraud or collusion; Stamps Act — Powers of Attorney must be stamped to be admissible; Oaths Act — affidavits must show Commissioner for Oaths’ particulars and stamp; Procedural compliance — incurable defects and consequences.
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7 March 2019 |
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6 March 2019 |
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5 March 2019 |
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Whether the Minister exceeded powers by imposing trade licence fees on banks and standalone ATMs.
* Administrative law – judicial review of delegated legislation – statutory instrument made by Minister subject to review.
* Constitutional/statutory interpretation – scope of Trade (Licensing) Act vs Financial Institutions Act; generalia specialibus rule.
* Ultra vires – Minister exceeded authority by listing banks under trade licensing; ATMs outside bank premises may be licensed under Trade (Licensing) Act.
* Taxation/licensing – double charging and overlap between sector-specific and general licensing regimes.
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4 March 2019 |
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Court held Executive Director lacked authority to appoint arbitrator; appointment quashed and council ordered to appoint.
* Arbitration Act – ouster clause (s.9) does not preclude judicial review of ultra vires or unconstitutional acts; * Administrative law – delegatus non potest delegare; Executive Director cannot exercise appointing authority absent lawful delegation; * Judicial review – certiorari and mandamus available to quash unlawful appointment and compel proper appointing authority to act; * Joinder – appointed arbitrator is necessary party when his status is directly affected.
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1 March 2019 |