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Citation
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Judgment date
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| April 2021 |
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Court entered judgment on admission after finding government correspondence and valuation constituted unequivocal admission and estoppel.
Judgment on admission – Order 13 Rule 6 CPR – admissions outside pleadings – internal government correspondence and valuation report as admissions – estoppel by conduct and legitimate expectation – discretionary nature of judgment on admission – compensation for compulsory acquisition.
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30 April 2021 |
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Company directors, not estate executors, are entitled to custody of the company’s duplicate land titles absent proven membership rights.
Company law – membership and register of members; probate evidence (Section 94) does not automatically confer membership on executors; directors’ authority over company property; custody of duplicate certificates of title; admissibility of documentary and email evidence.
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30 April 2021 |
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Contempt in another matter does not automatically bar access to a different court; review dismissed for lack of error and prima facie defence.
Civil procedure — Review — Error apparent on the face of the record — Review sparingly granted; requires patent, self-evident error.
Contempt — Effect of contempt in one proceeding on access to court in other matters — Contempt ordinarily must be purged but a different-matter contempt does not automatically bar access elsewhere.
Service — Late service and competence — Court may exercise discretion to waive procedural non-compliance absent shown prejudice.
Setting aside ex parte/default judgment — Applicant must show service failure or a bona fide prima facie defence to justify trial on merits.
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30 April 2021 |
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Cut‑off voter registration did not amount to disenfranchisement; electoral complaints must follow statutory tribunal/Commission procedures.
Constitutional and electoral law – right to vote – exercise of right contingent on statutory registration – Electoral Commission’s power to set registration cut‑off – requirement to exhaust electoral complaint procedures (tribunal/Commission) before court – limited judicial interference in electoral timelines.
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30 April 2021 |
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Plaintiff failed to prove driver negligence or causation; claim dismissed and employer not vicariously liable.
Negligence – duty of care, breach and causation; Road traffic accidents – evidential burden and standard of proof on plaintiff; Vicarious liability – requirement of employee negligence and course of employment; Res ipsa loquitur – not applicable where evidence contradicts inferred negligence.
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30 April 2021 |
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Suo motu dismissal without notice set aside; applicants’ non-appearance excused and application reinstated for merits.
Civil procedure — Dismissal under Order 17 Rule 3 CPR — suo motu calling of file by judge without notice — effect on validity of dismissal; Review and setting aside — Order 9 Rule 22/23 CPR — sufficient cause/excusable non-appearance; Consent judgment — partial payment and further assessment; Case management vs indulgence to dilatory parties.
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30 April 2021 |
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Applicant was a public officer but the District Chairperson lawfully revoked her committee appointment; judicial review remedies denied.
Local government law – Appointment and revocation of District Executive Committee members – Powers of District Chairperson under Local Government Act (sections 16, 18, 20) – Judicial review – Illegality, irrationality and procedural propriety – Evidence of public officer status (payroll, Official Oath) – Discretionary nature of prerogative remedies.
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29 April 2021 |
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29 April 2021 |
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Taxation award set aside due to unqualified representation and fatal procedural failures (no service, no pre‑taxation hearing).
Advocates Act – locus to represent – notice of instructions; Unqualified person holding out as advocate – offence – no costs recoverable; Service and pre‑taxation meeting mandatory – failure renders taxation a nullity; Taxation appeals – limited interference with quantum, but procedural illegality vitiates award.
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29 April 2021 |
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Application for security for costs dismissed where respondents’ claim was bona fide and applicant’s conduct contributed to their impecuniosity.
Civil procedure – security for costs – discretion to order security – impecuniosity alone insufficient – bona fide claim – defendant’s conduct contributing to plaintiff’s impecuniosity relevant – access to justice.
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27 April 2021 |
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Plaintiff failed to prove kibanja or occupation; mortgage valid, bailiff immune, and suit dismissed with costs to the bank.
* Land law – Kibanja (customary occupancy) – requirements for lawful acquisition and need for mailo owner’s consent; * Succession law – lack of letters of administration invalidating beneficiary’s power to alienate estate property; * Registered dispositions – doctrine of notice, overriding interests and actual occupation; * Mortgage registration – lawful registration absent notice; * Execution procedure – requisites and inventory for warrants; * Bailiff immunity – qualified immunity under section 46(2) Judicature Act for honest and reasonable execution; * Registrar immunity – absolute immunity for judicial/administrative errors; * Vicarious liability – limits on decree-holder’s liability for bailiff’s acts.
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22 April 2021 |
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An application for leave to appear and defend a summary suit filed after the prescribed ten days is time-barred and dismissible with costs.
* Civil procedure – Summary suits (Order 36) – Defendant’s application for leave to appear and defend – Time limit of 10 days under Form 4 – requirement to apply under Order 36 Rules 3 and 4.
* Civil procedure – Computation of time – Order 51 Rules 2 and 8 inapplicable to ten-day period prescribed under Order 36/Form 4.
* Civil procedure – Applications – consequence of filing late without extension – application time-barred and properly dismissed with costs.
* Pleadings and relief – requirement to frame proper orders and grounds when seeking leave to defend.
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20 April 2021 |
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Review allowed for counsel’s negligence but no error apparent; matter set down for rehearing de novo.
Civil Procedure — Review under Order 46 r.1 and s.82 — negligence/mistake of counsel can constitute sufficient cause for review; error apparent on face of record requires manifest, self-evident error and cannot be established by arguments requiring re-evaluation of evidence; review competent where final ruling/orders were delivered though no formal decree extracted.
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20 April 2021 |
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Contempt not established where respondents initiated appraisal process; applicant should institute a fresh suit for contract renewal.
* Contempt of court – elements: lawful order, notice, ability to comply and non‑compliance – standard of proof higher than balance of probabilities.
* Judicial review – limits on court interference with internal administrative/managerial discretion; courts ensure legality, not substitute merits.
* Remedies – contempt inappropriate where respondents attempted compliance; fresh suit may be proper route for new factual complaints.
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19 April 2021 |
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Public officers held in contempt for disobeying interim stay of disciplinary dismissal; fines and damages awarded.
* Contempt of Court – disobedience of interim injunction staying disciplinary sanction – knowledge and non‑compliance required to establish contempt.
* Interim relief and status quo – events after grant do not excuse disobedience; variation or discharge must be sought.
* Public officers’ accountability – fines and exemplary damages as sanctions for deliberate breach of court orders.
* Collective Bargaining Agreement (Article 82.3) – interlocutory stay pending appeal does not permit unilateral implementation without complying with court orders.
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19 April 2021 |
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An appeal dismissed for want of prosecution may be reinstated under inherent powers if justice requires, subject to conditions.
Civil Procedure – Order 43 r.31 dismissal for want of prosecution – reinstatement not expressly provided but may be granted using inherent powers (Art.126(2)(e) Constitution; s.98 Civil Procedure Act; s.33 Judicature Act) where justice requires – inordinate delay weighed against substantive justice – conditional reinstatement with costs.
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16 April 2021 |
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Judicial review dismissed as time‑barred and for lack of sufficient interest; Law Council’s approval was discretionary and lawful.
Judicial review — time limits — Rule 5(1) three months; Locus standi — direct or sufficient interest; Abuse of process — actio popularis; Advocates regulations — directory/ discretionary nature; Partnership Act — continuation of firm name after partner’s death; Mootness and purposive statutory interpretation.
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16 April 2021 |
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Respondent entitled to unpaid certified contract sum; employer estopped from disputing internally signed completion certificate.
* Contract law – performance and payment – Certificate of Completion and Joint Verification Form; employer’s obligation to pay certified sum within contractually stipulated time.
* Evidence – Parol evidence rule; documentary evidence prevails over conflicting oral assertions about contract timing.
* Company law – Indoor management rule (Turquand rule) – outsider entitled to rely on acts of company officers; employer estopped from denying authority of its employees absent notice of irregularity.
* Burden of proof – party alleging forgery/fraud must adduce evidence; failure to do so defeats counterclaim.
* Remedies – certified contractual debt and general damages for delay upheld where employer fails to timely dispute certification.
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9 April 2021 |
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Court found executive director abused public discretion, breached HR policies and discriminated in refusing to renew applicant’s contract.
Administrative law – judicial review – amenability of statutory body actions to review; joining decision‑maker to account; abuse of discretion, mala fides and discrimination in public employment decisions; legitimate expectation and breach of internal Human Resource policies; remedies: declaratory relief, mandamus and damages.
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9 April 2021 |
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High Court granted habeas corpus where a person allegedly arrested by military-clad unknowns remained unproduced and uncharged.
* Constitutional and statutory protection of personal liberty – Article 23 and Judicature Act s.34 – availability of habeas corpus where person is unproduced and uncharged.
* Habeas corpus – purpose to test legality of detention and require production before a court – writ may issue where arrestors are unidentified but identifiable by state uniform.
* Evidence and returns – absence of a return or arraignment justifies issuance of writ.
* Remedies – High Court discretion to grant habeas corpus and award costs.
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7 April 2021 |
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Temporary injunction refused where applicant failed to prove irreparable injury from revenue authority’s recall for vehicle re-examination.
* Civil procedure – Interlocutory relief – Temporary injunction – requirements: prima facie case, irreparable injury, balance of convenience. * Administrative/tax law – Recall/re-examination of cleared goods by revenue authority – statutory power to require production for re-verification. * Jurisdiction – preliminary objection that tax matters lie with Tax Appeals Tribunal overruled for interim preservation of status quo.
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6 April 2021 |
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Court refused applicants' amendments and further affidavits in judicial review and struck off the second respondent.
* Judicial review – amendment of notice of motion and affidavits – discretion to allow amendments – necessity to determine real question and avoidance of injustice.
* Parties – substitution/striking out – Parliamentary Commission v Parliament – parliamentary representation by Attorney General; corporate personality issues.
* Civil procedure – limitation and timelines in judicial review – time of the essence; 90-day disposal expectation.
* Evidence – refusal of information by public body does not automatically justify post-filing supplementary affidavits.
* Relief – court may refuse amendments that cause delay or prejudice and may strike parties where appropriate.
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1 April 2021 |