|
Citation
|
Judgment date
|
| July 2022 |
|
|
Police unlawfully evicted and converted company property; State vicariously liable and substantial damages awarded.
Tort — Trespass to land — Unauthorised entry and eviction by police without court order — statutory safeguards under Police Act mandatory. Tort — Conversion/Detinue — seizure and removal of machinery and goods; refusal to return — market value and damages recoverable. Vicarious liability — State liable for acts of police officers done in course of employment. Remedies — special damages proved by invoice accepted; general and punitive damages awarded; interest and costs granted.
|
27 July 2022 |
|
A Kenyan court decree was registrable and enforceable in Uganda where reciprocity, jurisdiction, effective service, and discretion were established.
Foreign judgments – Registration and enforcement – Foreign Judgments (Reciprocal Enforcement) Act – reciprocity and comity between Commonwealth jurisdictions. Civil procedure – registration of foreign decree – requirements: competent jurisdiction, unsatisfied decretal sum, time limits, and enforceability in original jurisdiction. Service – effective service and failure to appear – judgment conclusive in absence of appeal. Relief – registration and execution of foreign decree; costs of application.
|
27 July 2022 |
|
|
19 July 2022 |
|
Unlawful military arrest, detention and malicious prosecution; State vicariously liable and damages awarded.
Constitutional law – Article 23 personal liberty – unlawful arrest and detention (unauthorized places, failure to inform, failure to produce within 48 hours, denial of access to counsel/medical care); Tort – malicious prosecution (absence of reasonable and probable cause, improper motive, termination by nolle prosequi); State liability – vicarious liability of Attorney General for acts of military officers; Remedies – declarations, general and exemplary damages, interest and costs.
|
19 July 2022 |
|
|
16 July 2022 |
|
|
14 July 2022 |
|
Leave to defend cannot be conditioned on paying the disputed claim or enforcing contested tenancy terms.
Civil procedure – Order 36 r.8 CPR – leave to appear and defend may be unconditional or subject to terms; discretion must be exercised judiciously; conditioning leave on deposit of the disputed claim or enforcing contested contractual terms is improper; right to be heard; access to justice.
|
13 July 2022 |
|
Res judicata bars relitigation of previously decided ESIA and land issues, even if recast as human-rights claims.
Civil procedure – Res judicata – environmental law – ESIA approval challenged; whether prior judicial review and land suit bar relitigation; recharacterisation of issues as human-rights claims does not defeat res judicata.
|
12 July 2022 |
|
Applicants failed to prove wilful breach of an interim stay; contempt application dismissed with costs.
Contempt of court — civil contempt — elements (order, notice, non‑compliance, wilfulness) — burden of proof beyond reasonable doubt; Interim stay of execution — status quo — not a permanent injunction; Insufficiency of uncorroborated photographs and documents introduced from the bar; Non‑party without notice cannot be held in contempt.
|
8 July 2022 |
|
Application for leave to appeal dismissed for late service and defective supporting affidavit; no evidence applicants were aggrieved.
Civil procedure – leave to appeal – requirements for leave under S.98 CPA and O.52 CPR; service of proceedings – O.5 rr.1–3 CPR and requirement to apply for extension of time; affidavits – competency, authority to depose and requirement to state source of knowledge; res judicata – underlying strike-out decision (context).
|
8 July 2022 |
|
Leave to appeal refused where applicant failed to show arguable legal points or risk of substantial loss.
Civil procedure — leave to appeal — requirement of prima facie arguable questions of law and risk of substantial loss; affidavit in reply and Order 6 r.8 CPR; consequential orders (vacant possession, eviction) and res judicata; discretion on costs under s.27(1) CPA.
|
8 July 2022 |
|
An appeal dismissed for non‑service and late filing will not be reinstated absent sufficient cause and proper compliance with service requirements.
Civil procedure – Reinstatement of appeal dismissed for non‑appearance; service of memorandum of appeal; requirement to file within time and obtain leave for late filing; proof of service of court process; sufficiency of cause for reinstatement; power of attorney technicality.
|
8 July 2022 |
|
High Court dismissed suit and amendment as res judicata; prior judgment on same land between same parties is final.
Civil procedure – Res judicata – application to add a party – s.7 Civil Procedure Act – prior judgment on same land between same parties – amendment not permitted – dismissal with costs.
|
8 July 2022 |
|
An appeal from a chief magistrate requires formal leave; a letter seeking records does not constitute leave.
Appeal – requirement of leave from Chief Magistrate or High Court (Local Governments Act s.32; Magistrates Courts Act s.220) – Procedure for leave – Civil Procedure Rules Order 52 r.1 – Letter for records not a substitute for formal notice of motion – Incompetent appeal dismissed with costs.
|
6 July 2022 |
|
Court quashed parts of a parliamentary committee report and arrest warrant for ultra vires action, bias, and denial of fair hearing.
Administrative law – Judicial review – Parliamentary committee inquiries – ultra vires, res judicata and sub‑judice limits – Expropriated Properties Act – repossession certificates – natural justice – bias by co‑opted executive – quashing report parts and arrest warrant – prohibition against enforcement.
|
4 July 2022 |
|
A court cannot refer proceedings to arbitration on a preliminary objection; a formal, evidence-backed application is required.
Arbitration and Conciliation Act (s.5, s.9) – referral to arbitration – requirement to show valid, operative arbitration agreement and that dispute falls within its scope – procedural requirement for a formal application rather than a preliminary objection – preliminary objection (demurrer) cannot determine facts or require judicial discretion.
|
1 July 2022 |