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Citation
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Judgment date
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| August 2022 |
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The defendant held vicariously liable for police negligence and ordered to pay special, general and punitive damages.
Tort — Negligence: police use of firearms during dispersal of protest — breach of duty of care; Vicarious liability — state liable for acts of police in course of employment; Proof of special damages — requirement of pleading and evidential support; Assessment of general and punitive damages; Interest and costs.
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31 August 2022 |
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Review dismissed: fresh title and will evidence not shown to justify reopening matter after trial and appeal avenues.
Civil procedure – Review vs appeal – Limits on review where appeal lies; fresh evidence on review – requirements of due diligence, relevance and not altering the case; alleged counsel negligence not automatic ground for review.
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31 August 2022 |
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Registrar lacked jurisdiction to entertain post‑judgment application; court ordered respondent to account and administrators to distribute estate.
Civil procedure – Registrar’s jurisdiction under Order 50 CPR – limits on interlocutory steps after consent judgment; Probate/administration – administrators’ duty to file inventory and distribute estate; Account‑ability of beneficiary for estate proceeds received pursuant to consent order; High Court’s power to set aside registrar orders and substitute appropriate relief.
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31 August 2022 |
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Council resolution binding; university breached implementation, plaintiffs entitled to appointment, back pay from suit date, damages and costs.
Administrative law – university council resolutions – binding nature of council decisions; legitimate expectation – failure to implement approved staff structure; breach by mismanagement and external recruitment; remedies: declaration, salary entitlement from date of suit, general damages and costs.
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31 August 2022 |
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26 August 2022 |
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A registered title-holder can sue in trespass and failure to state the exact start date is not fatal because trespass is a continuing tort.
Civil procedure – preliminary objection – whether plaint discloses cause of action in trespass; Property law – certificate of title confers legal possession; Tort – trespass to land is a continuing tort; O.7 r.11(e) CPR – requirement to state when cause of action arose not fatal in continuous torts.
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26 August 2022 |
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Appellants failed to prove title on the balance of probabilities; trial court's finding of respondents' ownership upheld.
Land law – proof of title – burden of proof on plaintiff in civil suit – certificate from traditional authority insufficient without identification of described boundaries; possession and long occupation (homes, gardens, boundary trench) as evidence of ownership; locus in quo evidence; appellate re-evaluation of facts and credibility.
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26 August 2022 |
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Representative order granted where applicants showed common existing interest, valid authorizations, and a proposed plaint meeting Order 1 Rule 8 CPR.
Civil procedure – Representative suit (Order 1 Rule 8 CPR) – conditions: common actual and existing interest; authorization by represented persons; proposed plaint listing all represented persons. Land law – long-term occupation, improvements and burial sites as evidence of beneficial/actual interest. Procedural – contested title and occupant status are triable issues, not a bar to representative action.
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26 August 2022 |
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Appellant failed to prove ownership or possession of land; locus in quo showed respondents' occupation; appeal dismissed with costs.
Land law – Ownership and possession – Burden of proof on claimant to establish ownership or possession on balance of probabilities – Locus in quo findings – Admission of fresh evidence at locus irregular but harmless where decision founded on observed occupation – Trespass and eviction orders requiring proof of entry or interference.
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26 August 2022 |
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Claim to recover third‑party restoration costs barred by section 34(1) CPA; execution must be pursued in the original suit.
Civil Procedure – Execution of decrees – Section 34(1) CPA bars separate suits on matters relating to execution, discharge or satisfaction of a decree; executing court has exclusive jurisdiction; section 34(2) permits treating execution applications as suits to adduce oral evidence. Contract/damages – claim for costs of third‑party works arising from breach of consent judgment must be pursued in execution proceedings, not a fresh suit.
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26 August 2022 |
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25 August 2022 |
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Interim injunction to stop student elections refused where requirements for urgent injunctive relief were not met and elections could be challenged afterwards.
Administrative law — interim injunctions — requirements for injunctive relief (pending main application likely to be rendered nugatory; imminent threat) — exhaustion of internal remedies — student guild elections — discretionary refusal where outcome can be challenged post-election.
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23 August 2022 |
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Application to reinstate dismissed appeal denied for inordinate delay and the appeal being time-barred.
Civil procedure — Readmission of appeal dismissed under O.43 r14/16 CPR; 'sufficient cause' — counsel's death or negligence; Inordinate delay and laches — 20-month delay to apply to set aside dismissal; Time-barred appeal — appeal filed after dismissal of earlier application.
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22 August 2022 |
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Judicial review inappropriate for private employment disputes; applicant should pursue labour remedies.
Judicial review — amenability — employment disputes arising from contract are private law matters not ordinarily subject to judicial review; remedies lie with labour institutions; exhaustion of available labour remedies required.
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22 August 2022 |
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Value of subject matter for taxation is determined from pleadings; taxing master’s award upheld and VAT payable on instruction fees.
Advocate taxation — Value of subject matter determined from amounts claimed in pleadings under Sixth Schedule; taxing master must give reasons if excluding claimed sums; advocate-client costs — apportionment among multiple clients and limits of court interference with taxing master’s discretion; interest on taxed costs discretionary and requires evidence of demand; VAT payable on instruction/professional fees where applicable.
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22 August 2022 |
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Plaintiffs' image rights not infringed because their implied consent permitted commercial use of their images.
Image rights/publicity rights – commercial use of athletes' images – consent (express vs implied) required for lawful exploitation Right of publicity vs privacy – commercial injury requires lack of consent Evidence of briefing, branded apparel, venue promotion and payment as indicators of consent Where consent exists, intentional commercial use does not constitute infringement
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22 August 2022 |
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Stay of execution denied where appeal filed but applicants failed to show substantial loss or provide security.
Civil procedure – Stay of execution – Requirements under Order 43 r.4(3): notice of appeal; likelihood of substantial loss; absence of unreasonable delay; security for due performance. Substantial loss – burden of proof; claimed COVID‑19 hardship insufficient without evidence. Interests of minors/beneficiaries weigh against stay where execution provides necessary support.
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22 August 2022 |
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19 August 2022 |
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18 August 2022 |
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18 August 2022 |
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18 August 2022 |
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18 August 2022 |
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17 August 2022 |
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17 August 2022 |
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17 August 2022 |
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16 August 2022 |
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16 August 2022 |
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16 August 2022 |
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16 August 2022 |
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Registered title upheld; some occupants held bibanja while others were trespassers and ordered evicted with damages.
Land law – registered title – fraud standard and burden; Bibanja/bona fide occupant – security of occupancy where acquisition predates registration; Sale of bibanja on registered land – requires consent/first option to registered owner; Invalid land transactions in breach of statute create no interest; Remedies – declaration, vacant possession, damages, injunctions, interest and costs.
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16 August 2022 |
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15 August 2022 |
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Judicial review application struck out as time-barred for being filed beyond the three-month limit without court-ordered extension.
Judicial review — limitation period under Rule 5(1) of Judicature (Judicial Review) Rules — time runs from date impugned decision made, not from communication; failure to seek extension renders application incompetent; procedural impropriety of affidavits in rejoinder containing legal arguments.
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15 August 2022 |
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11 August 2022 |
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Minister lacked authority to interdict a presidentially appointed Secretary; IGG recommendations are not self-executing; interdiction quashed.
Administrative law – Judicial review – Legality and ultra vires actions by Ministers Inspector General of Government – Recommendations not self-executing – Must be implemented within legal framework Public appointments – Disciplinary control and removal of presidential appointees reserved to the President (Interpretation Act s.24) Remedy – Certiorari to quash unlawful administrative decisions
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8 August 2022 |
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Plaintiff proved breach and negligent performance of construction contract; misrepresentation not proven; damages and costs awarded.
Construction law — breach of contract for defective finishing works; concurrent liability in contract and tort for negligent performance; misrepresentation/deceit not established; corporate liability — personal liability where contract executed in individual’s capacity; counterclaim dismissed for insufficient proof; damages and interest awarded.
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8 August 2022 |
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Contractor held liable for breach and negligent workmanship; misrepresentation not proved; damages and costs awarded.
• Contract law – breach of construction contract – failure to complete within agreed time and defective workmanship• Tort/duty – concurrent liability in contract and tort for negligent performance and failure to supervise• Misrepresentation – requirement of false statement, materiality and inducement; claim not established• Remedies – special damages strictly proved; general damages to restore plaintiff’s position; interest and costs• Counterclaim – dismissed for lack of proof• Corporate liability – director held liable where contract was executed in personal capacity
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8 August 2022 |
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Applicant lacked sufficient interest and res judicata applied; appointment process lawful and application dismissed.
Judicial review — standing/ sufficient interest — applicant as mere busybody or former employee; Res judicata — prior High Court determination of appointee's date of birth; Administrative law — irrationality, illegality, procedural impropriety alleged in appointment process; Statutory construction — section 14(1) Civil Aviation Authority Act does not limit board to recommending a single candidate; Affidavits — compliance with Order 19 Rule 3 of CPR.
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8 August 2022 |
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Court set aside default judgment, granted extension and unconditional leave to defend after accepting counsel's negligence as sufficient cause.
Civil procedure – Summary suit – Default judgment – Setting aside under Order 36 r.11 CPR for sufficient cause. Civil procedure – Extension of time and validation of belated filings – Section 98 Civil Procedure Act – justice and merits. Advocate’s negligence – mistake or oversight by counsel may constitute sufficient cause not to visit consequences on litigant. Summary judgment defence – requirement to show bona fide triable issues or plausible defence to obtain unconditional leave to defend.
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8 August 2022 |
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Stay of execution pending appeal denied where applicant failed to prove non-compensable substantial loss and had no legal proprietary interest.
Stay of execution – requirements for grant pending appeal – need to show pending appeal, likelihood of success, imminent execution, lack of undue delay, readiness to give security, and substantial loss not compensable by damages – balancing judgment creditor’s rights and appellant’s right to appeal.
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8 August 2022 |
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Court dismissed judicial review, finding party nomination decisions non-justiciable and applicants failed to exhaust internal remedies.
Political parties – internal affairs – nomination and vetting of candidates – generally non-justiciable and within party discretion. Procedural law – exhaustion of internal remedies – requirement to pursue party dispute resolution mechanisms before judicial review. Civil procedure – improper joinder – party organ not a separate legal entity; only the registered political party is suable. Judicial review – courts’ limited role in substituting political decisions of party organs.
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2 August 2022 |