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Citation
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Judgment date
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| September 2022 |
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30 September 2022 |
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Whether actions altering the applicant's employment status and advertising his post amounted to contempt of court.
Contempt of court – preservation of status quo by injunction – effect of injunction on prior acts and on fixed-term employment contracts; expiry by effluxion of time; necessity for specificity in contempt allegations; protection of council members acting in good faith under university charter.
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30 September 2022 |
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Judicial review dismissed because applicant failed to exhaust statutory internal remedies under the Universities Act.
• Administrative law – Judicial review – requirement to exhaust statutory internal remedies before seeking judicial review under Rule 7A.
• Employment law – Universities and Other Tertiary Institutions Act – Appointments Board and University Staff Tribunal as exclusive/primary remedies for staff disputes.
• Procedural competence – forum shopping and premature invocation of judicial review.
• Public finance – appointment of Accounting Officers falls within statutory procedures (not decided on merits).
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30 September 2022 |
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Cancellation of land titles on alleged fraud was beyond the Commissioner’s jurisdiction; cancellations quashed and titles restored.
Administrative law – Judicial review – Illegality, procedural impropriety and irrationality – Commissioner of Land Registration’s power to cancel titles – Distinction between cancellation for ‘errors/illegalities’ and cancellation for fraud; fraud requires court determination.
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30 September 2022 |
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30 September 2022 |
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Magistrates’ court improperly entertained a compensation claim beyond its pecuniary jurisdiction; proceedings set aside.
Civil procedure – joinder of parties – Order 10 r.2 CPR; Res judicata – S.7 CPA and competence of LC III judgments; Jurisdiction – pecuniary limits of Magistrates’ Courts (S.207 MCA) and nullity of proceedings without jurisdiction.
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29 September 2022 |
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Magistrate’s court had jurisdiction over a contract‑for‑services dispute and lawfully imposed conditional security for costs.
Revision — High Court review of magistrates’ proceedings; Jurisdiction — distinction between contract of service and contract for services; Employment Act s.93 — remedies via labour officer do not oust magistrate jurisdiction where relationship is contract for services; Civil Procedure — Order 9 rr.12 & 27 CPR — court may set aside ex parte judgment on such terms as it thinks fit, including security for costs; Terms of orders — court may impose terms without parties specifically praying for them.
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29 September 2022 |
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Plaintiffs failed to prove fraud; defendant’s registered title upheld and counterclaim for ownership, access, injunction and damages granted.
Land law – registration and title – a certificate of title is conclusive in absence of proven fraud; fraud must be pleaded with particulars and strictly proved. Evidence – burden of proof in civil claims lies on the party alleging fraud; mere surveyor error not proof of fraud by title holder. Remedies – dismissal of claim to cancel title; declaratory relief, injunction, access order and damages for successful counterclaimant.
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22 September 2022 |
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Application to admit new evidence on appeal dismissed for defective service and failure to meet the test for fresh evidence.
Civil practice — Application for leave to adduce additional evidence on appeal — Requirements: exceptional circumstances, due diligence, credibility, likely to affect outcome — Service of motion — affidavit of service mandatory — Pleadings binding parties; unpleaded issues inadmissible.
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22 September 2022 |
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Court held plaintiff’s title overlapped a gazetted forest reserve; plaintiff found trespasser, title corrected and injunction granted.
Land law – overlap between registered title and gazetted Central Forest Reserve – later title treated as intruding and holder liable as trespasser. Public lands/forests – ULC cannot validly lease land that forms part of a gazetted forest reserve. Evidence – requirement of inspection report, proper survey submission and clear titling (block/plot) when land borders protected areas. Remedies – declaration, correction/curving off title (s.91 Land Act), permanent injunction, damages and costs.
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22 September 2022 |
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Plaintiffs failed to prove fraud; defendant's title upheld and counterclaim for ownership, access, injunctions and damages granted.
Land law – title and impeachment – fraud must be pleaded with particulars and strictly proved; Certificate of Title is conclusive absent proven fraud; reliefs include declaration of ownership, injunctions, access orders, damages and costs.
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22 September 2022 |
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An unlicensed money lender cannot lawfully charge interest; loan-interest claims procured under duress were unenforceable.
Money lending – Unlicensed money lender – Illegality of charging interest under Tier 4 Microfinance Institutions and Money Lenders Act 2016 s.84(1)(a). Contract law – Validity and enforceability – duress, consensus ad idem and certainty of terms for loan acknowledgements. Remedies – declaratory relief and permanent injunction; dismissal of counterclaim for lack of prosecution.
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20 September 2022 |
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19 September 2022 |
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Failure to do due diligence and purchasing with notice defeats a registered title where an earlier equitable interest exists.
Land law – sale of land; purchaser’s due diligence; bona fide purchaser for value without notice; breach of sale agreement; constructive trust and tracing; cancellation of certificate of title; damages for breach and loss of quiet enjoyment.
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16 September 2022 |
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16 September 2022 |
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14 September 2022 |
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A defective affidavit of service does not automatically invalidate a belated but substantive defence; application dismissed.
Civil procedure – service of process – affidavit of service must disclose identifying witness and particulars – defective affidavit may not automatically invalidate subsequent pleadings; Civil Procedure Rules O.5 r.16, O.6 rr.8 &10, O.8 r.3 – late filing of WSD and need for leave – specificity of denials – striking out applications and prejudice assessment.
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9 September 2022 |
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Defective affidavit of service did not justify striking out a specific WSD after lengthy delay; application dismissed with costs.
Service of summons — affidavit of service must name identifying witness and record personal service — defective affidavit may not alone justify striking out defence where parties proceeded with the case; Pleadings — O.6 r.8 and r.10 CPR require specific, non-evasive denials; late technical objections may be refused where parties have participated in mediation and trial preparation; application dismissed with costs.
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9 September 2022 |
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Assistant Registrar lacked jurisdiction to appoint an administrator; illegal grant set aside; limited administration order upheld.
Administration of estates – jurisdiction of Registrar – Assistant Registrar lacked power under O.50 CPR to appoint administrator; grant issued without jurisdiction set aside; previously distributed estate and filed inventory bar fresh general grant; limited letters of administration enforceable only to the respondent’s specified share (20 acres unleased and 2 acres titled).
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9 September 2022 |
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Magistrate Grade I lacked pecuniary jurisdiction over recovery of registered land; proceedings set aside and transferred to High Court.
Civil procedure — Jurisdiction — Magistrate Grade I pecuniary limits under s.207 MCA — Recovery of registered land — Duty to inquire into subject-matter value where not pleaded — Registration of Titles Act governs, Grade I lacks unlimited jurisdiction — Proceedings set aside and matter transferred to High Court.
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8 September 2022 |
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Stay of execution denied where applicant failed to show substantial loss, likelihood of success, or adequate grounds for stay.
Stay of execution pending appeal — requirements under O.43 r.4 CPR — notice of appeal — substantial loss — likelihood of success on appeal — security for due performance — balance of convenience.
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7 September 2022 |
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The respondent unlawfully froze the applicant's bank accounts under s.17A without reasonable suspicion or evidence.
Judicial review – legality of administrative action – focus on decision-making process, not merely outcome. Anti-Terrorism Act s.17A – requirement that FIA be "satisfied" funds are intended for terrorism before freezing. Statutory procedure – s.17A(2) 48-hour notice to DPP and s.17A(3) DPP to apply expeditiously to court. Anti-Terrorism Regulations r.18(2) – in camera examination of confidential intelligence underpinning freezing orders. Illegality/ultra vires – public authority must have evidential basis for coercive measures; absence of such basis vitiates action. Mootness – subsequent unfreezing does not remove live controversy where procedural legality remains contested.
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7 September 2022 |
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2 September 2022 |
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2 September 2022 |
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Garnishee law permits attachment of funds held by an agent or bailee for a judgment debtor; bank must present account, order made absolute.
Garnishee proceedings – Order 23 CPR – attachment of monies held by agents/bailees for judgment debtor – bank as garnishee – duties to present account and notify customer – funds held for benefit of judgment debtor attachable.
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2 September 2022 |