|
Citation
|
Judgment date
|
| June 2021 |
|
|
Registrar acting in quasi‑judicial capacity is immune; extension for delayed judicial review refused for inordinate delay.
* Administrative law – Quasi‑judicial immunity – Registrar of Companies immune from civil suit for decisions made in exercise of statutory quasi‑judicial powers.
* Civil procedure – Extension of time – Applications for judicial review require ‘‘good cause’’; inordinate delay and unsupported allegations of counsel’s mistake justify refusal.
* Limitation/laches – Finality of litigation and sleeping on rights bar stale judicial review claims.
|
30 June 2021 |
|
Negligent shooting by a security guard caused death; employer vicariously liable; plaintiffs awarded damages, interest and costs.
Tort — Negligence — Wrongful death under Law Reform (Miscellaneous Provisions) Act — Duty, breach and causation; Vicarious liability of employer for acts of security guard; Assessment of special and general damages; Interest and costs.
|
30 June 2021 |
|
Certiorari granted to quash rescission of early retirement where withdrawal was irrational and premised on a material factual mistake.
Administrative law – Judicial review of administrative decision – Withdrawal of early retirement – Procedural fairness and natural justice – Irrationality/unreasonableness – Material mistake of fact – Certiorari to quash ultra vires decision.
|
30 June 2021 |
|
Court dismissed challenge to ecclesiastical revocation: matter non‑justiciable, wrong party sued, age requirement unmet.
* Church autonomy and ministerial exception – civil courts must defer to highest ecclesiastical adjudications on selection and fitness of ministers; religious questions generally non‑justiciable.
* Exhaustion of internal remedies – Provincial Constitution/Canons require church dispute‑resolution tribunals to be exhausted before external adjudication.
* Proper parties – Registered Trustees hold church property and do not elect or consecrate bishops; suit against wrong party is incompetent.
* Qualification for ecclesiastical office – age requirement must be established by reliable official records; statutory declaration alone cannot override national register.
|
30 June 2021 |
|
Ex parte judgment awarding special, general and exemplary damages for employee deceit and falsified customer accounts.
* Civil torts – deceit/fraud – employee falsifying client accounts and invoices – intention and dishonesty as gravamen of deceit
* Proof – allegations of fraud require cogent evidence though standard remains balance of probabilities
* Remedies – award of special damages proved, general damages for inconvenience, exemplary damages for deterrence, interest and costs
* Procedure – ex parte hearing appropriate where defendant duly served but fails to defend
|
30 June 2021 |
|
An affidavit commissioned by an advocate struck off the roll is incurably defective, rendering the unsupported motion incompetent and struck out.
* Civil procedure – affidavits – validity – affidavit commissioned by an advocate struck off the roll is incurably defective and illegal under s.1(4) Commissioner for Oaths (Advocates) Act.
* Constitutional procedure – substantive justice – undated affidavits are curable under Article 126(2)(e) of the Constitution.
* Civil procedure – competence – a notice of motion unsupported by affidavit evidence is incompetent and liable to be struck out.
* Evidence – judicial notice – court may judicially notice unchallenged findings and official correspondence regarding an advocate’s suspension/strike-off.
|
28 June 2021 |
|
Owner entitled to compensation where police unlawfully retain and vandalise an impounded vehicle; special damages not proven.
Property law – unlawful police custody of privately owned vehicle – proof of ownership and impoundment; damages – valuation of used vehicle, failure to prove special/anticipated earnings; award of general and exemplary damages; interest and costs.
|
24 June 2021 |
|
An officer who absconds and is found AWOL/deserted cannot claim unlawful or constructive dismissal under military law.
Military law – AWOL and desertion versus dismissal; constructive dismissal – contract and reasonableness tests inapplicable where employee’s misconduct; UPDF Act s.65 – dismissal procedures; Employment Act exclusion for UPDF personnel; burden of proof on claimant.
|
24 June 2021 |
|
Challenge to creation of new counties dismissed as time-barred and for lack of sufficient interest (no standing).
Judicial review – limitation period – Rule 5(1) Judicature (Judicial Review) Rules 2009; Standing – direct or sufficient interest – Rule 3A Judicature (Judicial Review) (Amendment) Rules 2019; Justiciability – public interest litigation and separation of powers; Reliefs sought – declarations, certiorari, injunctions dismissed for lack of competence and standing.
|
24 June 2021 |
|
Leave to appeal refused where applicants lacked interest and review was a disguised appeal; application dismissed with costs.
Civil procedure – leave to appeal under Order 44 Rule 1(2) CPR – test for leave; standing/interest of a former legal representative; review versus appeal – disguised appeal; adding parties post-judgment; champerty; costs personally against counsel for abuse of process.
|
21 June 2021 |
|
Disciplinary dismissal upheld where applicant failed to prove denial of fair hearing or bias.
* Administrative law – disciplinary proceedings – fair hearing – audi alteram partem – cross-examination required only where absence causes prejudice or where proceedings are judicialized.
* Administrative law – bias – actual or apparent bias must be proved; mere presence of recusant members without evidence of influence does not vitiate proceedings.
* Practice – preliminary objections on service – must have merit to be entertained.
|
21 June 2021 |
|
Judicial review dismissed as time‑barred; Commissioner lawfully cancelled titles to correct illegal amalgamation and register errors.
Judicial review – time limits under Judicature (Judicial Review) Rules 2009 – Rule 5(1); Land registration – powers of Commissioner to cancel titles for illegal/amalgamated registrations and register errors; Service – effectiveness of registered post under Interpretation Act; Sub judice – not a ground for judicial review to restrain Commissioner; Alternative remedy (appeal) and procedural compliance.
|
21 June 2021 |
|
Applicant's challenge to demolition failed for lack of approved plans; longstanding access road created an easement benefitting the respondent.
Planning and building law – burden of proof that demolition was unlawful; absence of approved plans/commencement permit; receipts insufficient as proof; local authority’s power to demolish unauthorised structures; easement/right of way – easement by long user/prescription; distinction between pre-existing access and Access to Roads Act applications (Cap 350).
|
21 June 2021 |
|
Prolonged interdiction beyond prescribed limits was unlawful; Attorney General wrongly joined; declaratory relief granted, no prerogative orders.
Administrative law – judicial review – interdiction/suspension of public officer – statutory and institutional time limits – procedural fairness – declaration for unlawful delay; Attorney General wrongly joined where autonomous body acted independently.
|
21 June 2021 |
|
Claim for conversion dismissed: plaintiffs lacked proof of ownership, action was frivolous/time‑barred, and officer acted within employment.
Civil procedure – plaint must disclose cause of action; frivolous and vexatious claims and abuse of process; locus standi and proof of ownership in conversion/trespass to goods claims; limitation bars claims against the State; vicarious liability of Government for acts of public officers; lawful enforcement under Fisheries Act and disposal by court order.
|
21 June 2021 |
|
Application for stay pending appeal dismissed for lack of merit, absence of execution steps and abuse of process.
Stay of execution pending appeal; judicial review and appeals from administrative/tribunal decisions; balance of convenience and risk of perpetuating illegality; absence of execution proceedings; abuse of process in seeking dilatory stays.
|
21 June 2021 |
|
Plaintiff failed to prove trespass or statutory breach; court ordered relocation of lines at defendant's cost, no costs awarded.
Trespass to land — proof requires possession and unlawful entry or placement; Electricity Act s.67(4) — 60-day notice for works on private land; breach of statutory duty — elements and time-bar; remedies — removal, relocation, account and costs.
|
15 June 2021 |
|
Applicants raised bona fide triable issues (payment, parties’ capacity, procedural defects), so unconditional leave to defend was granted.
* Civil procedure – summary judgment – Order 36 rules 3 & 4 CPR – requirement for defendant to show a bonafide triable issue of fact or law.
* Pleadings – competency – whether plaint affidavit formal defects (e.g., lack of court stamp) and filing in wrong division affect summary proceedings.
* Company law – liability of directors – whether directors can be personally sued for company obligations.
* Evidence – requirement of written tenancy agreement and documentary support for rent claims in summary suits.
|
15 June 2021 |
|
A council chairperson cannot unilaterally appoint a subcommittee to approve an organogram on behalf of Council.
Administrative law – Judicial review – amenability where decision‑making process of a statutory body is challenged; Statutory interpretation – UOTIA s.6 and s.20 – limits on delegation and composition of council committees; Illegality and procedural impropriety – unilateral appointment of subcommittee and approval of organogram ultra vires; Locus standi – former employee with sufficient interest for public law challenge; Remedies – certiorari and mandamus; Time limits – s.129 UOTIA not an absolute bar to judicial review of administrative process.
|
15 June 2021 |
|
Review dismissed for failure to show error apparent or new evidence; prior company-shareholding orders remain in force.
Civil procedure – Review under Section 82 and Order 46 – Grounds: error apparent on face of record; newly discovered evidence; other sufficient reason – Application to clarify company shareholding and restrain Registrar – No error or new evidence established – Review dismissed.
|
15 June 2021 |
|
Applicant entitled to restitution, damages and interest after respondents' fraudulent breach of farming investment contracts.
* Contract law – breach of oral and written farming contracts – failure to plant and perform – fundamental breach.
* Fraud/misrepresentation – inducement to invest via false statements – liability for deceit.
* Restitution and unjust enrichment – recovery of money had and received where consideration wholly failed.
* Remedies – award of restitution, general and aggravated damages, interest and costs; counterclaim dismissed.
|
15 June 2021 |
|
An official cannot be personally bound by judicial-review orders for acts performed in an official capacity; execution must target the public office.
Judicial review — Public bodies — Misnomer/incorrect party — Acts done in official capacity — Error apparent on the face of the record — Review under Section 82/Order 46 — Execution against proper party.
|
10 June 2021 |
|
Court overruled respondents’ preliminary objections and ordered the applicants’ substantive challenge to proceed on the merits.
Civil procedure – Order 1 Rule 12 – written authority for one applicant to depose for others; Human Rights procedure rules – citing repealed subsidiary instrument curable; Cause of action – sufficiency of affidavit and annexures; Advocate filings – joint submissions by counsel permissible.
|
8 June 2021 |
|
Public authority cannot assume management of a privately vested market without prior fair compensation; directive quashed.
* Judicial review – amenability – public body actions affecting property rights. * Administrative law – illegality, irrationality and procedural impropriety as grounds for judicial review. * Constitutional law – right to property (Article 26) requires prompt, fair and adequate compensation before state takes possession or management. * Market Act 1942 and KCCA Act – authority to manage markets but cannot divest vested private management without compensation. * Remedies – certiorari and prohibition to quash and restrain unlawful administrative directives.
|
2 June 2021 |