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Citation
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Judgment date
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| February 2026 |
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Court issued a habeas corpus writ after finding credible evidence of custodial detention despite respondents' denials.
Habeas corpus – Article 23 (personal liberty) – Right to habeas corpus inviolable – Burden of proof in habeas corpus – Evidentiary weight of affidavits where documentary records are in detaining authority’s control – Production order to inquire into legality of detention.
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12 February 2026 |
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Applicant, as majority shareholder, entitled to management; alleged misappropriation requires full trial, not affidavit accounting.
Company law – majority shareholder control – enforcement of share transfer agreement – Foss v. Harbottle principle and its exceptions – relief to compel handover of management; Accounting and alleged misappropriation – contentious fraud claims require full trial, not affidavit determination; High Court jurisdiction to grant equitable remedies.
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6 February 2026 |
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Applicant unlawfully disqualified without hearing; court awarded damages and costs but did not quash the election outcome.
Administrative law – Judicial review of university electoral decisions – Amenability of university electoral commission decisions to judicial review; natural justice – right to be heard – disqualification without hearing; remedies – damages where election quashing impracticable; admissibility of university secretary’s representative affidavit.
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6 February 2026 |
| January 2026 |
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Default to file defence after leave led to judgment for liquidated sum, interest from filing date, and costs.
Civil procedure – summary judgment on liquidated demand – Order 9 r.6 CPR – failure to file defence after leave to appear and defend – award of principal, interest and costs.
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29 January 2026 |
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Judicial review dismissed where no evidence that the Commission advised presidential termination; no cause of action established.
Constitutional law – Appointment and removal under Article 172 – Presidential prerogative; Administrative law – judicial review – alleged advice of service commission; Natural justice – whether right to hearing breached; Cause of action – necessity of showing respondent’s liability.
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29 January 2026 |
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Application for injunction to restrain re‑advertisement of university post dismissed for lack of serious issue and irreparable harm.
Administrative law – temporary injunction – recruitment dispute – Universities and Other Tertiary Institutions Act (Council and Appointments Board powers) – IGG investigation and recommendations – requirement of serious question to be tried and irreparable harm.
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29 January 2026 |
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The respondent’s failure to promptly release a mortgaged title after repayment caused foreseeable psychiatric injury and liability.
Banking law — duty to release mortgage/security on repayment; negligence and breach of fiduciary duty; psychiatric injury causation and foreseeability; assessment of special and general damages.
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28 January 2026 |
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WSD filed after court-ordered deadline without leave is a nullity; default judgment entered for the claimant.
Civil procedure – leave to defend and mandatory filing periods – Written Statement of Defence filed out of time without leave is a nullity; "sufficient cause" requires credible, timely evidence; Article 126(2)(e) and inherent powers do not override mandatory procedural directives.
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22 January 2026 |
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Appeal partly allowed: no valid sale agreement was proved; counterclaim for rent arrears was correctly dismissed.
Contract law – sale of goodwill – requirements for a valid contract (offer, acceptance, consideration, intention, certainty) – evidential value of written agreement – requirement for writing for transactions above prescribed currency points; Burden of proof – proving payment and signatures; Evidence – insufficiency to establish rental arrears (absence of tenancy terms, receipts, demand notice).
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22 January 2026 |
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High Court quashes staff tribunal awards: post‑retirement contracts are discretionary and tribunals may not award damages.
Administrative law – Judicial review of university staff tribunal – Locus standi of employer – Jurisdiction of staff tribunal over post‑retirement appeals – Post‑retirement contracts discretionary, not entitlements – Tribunal acted ultra vires in awarding general damages and breaching statutory timelines – Remedies: certiorari, prohibition, mandamus.
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22 January 2026 |
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Electoral Commission unlawfully cancelled the applicant's LCIII nomination using provisions applicable only to MPs and district chairs.
Electoral law — Qualifications and disqualifications — Article 80(2)(f) Constitution — Section 14(2)(f) Local Governments Act — Applicability to LCIII (sub‑county) chairpersons — Moral turpitude — Review of Electoral Commission decision.
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22 January 2026 |
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Application to enlarge time to appeal dismissed for unexplained delay and lack of arguable grounds.
Civil procedure — Extension of time to appeal — Sufficient cause and inordinate delay — Knowledge of proceedings and estoppel from filing a WSD — Setting aside ex parte judgment does not automatically toll appeal time — Prospects of success on appeal (illegality ground) — Costs.
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22 January 2026 |
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Electoral Commission erred by revoking an LCIII nomination using MP/district provisions that do not apply to sub‑county chairpersons.
Electoral law — Qualification and disqualification of candidates — Article 80(2)(f) Constitution & s.14(2)(f) Local Governments Act concern MPs and district chairpersons only — do not extend to LCIII (sub‑county) chairpersons; Electoral Commission’s denomination/withdrawal of a LCIII nomination based on those provisions was ultra vires. Moral turpitude — conviction for conspiracy to defeat justice and compounding a felony involves moral turpitude but statutory disqualification must be expressly applicable.
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22 January 2026 |
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Election petition dismissed for lack of jurisdiction after being filed more than five days following the Commission's decision.
Election law – Jurisdiction – Timelines – Rule 5 (presentation within five days) – Time runs from date of Commission decision – Mandatory nature of time limits – Duty of petitioner to be vigilant.
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20 January 2026 |
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Judicial review allowed: Registrar unlawfully required shareholders’ special resolution and failed to provide written reasons; certiorari, mandamus and costs granted.
Companies Act/Table A – interpretation of articles and Table A as part of company constitution; transfer of shares – power to register lies with directors (board) for private companies; Judicial review – grounds of illegality, irrationality and procedural impropriety; Registrar’s duty to notify reasons (Companies (Powers of the Registrar) Regulations 2016); locus standi in judicial review; remedies – certiorari and mandamus; damages not available in judicial review absent separate cause of action.
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20 January 2026 |
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An appeal filed beyond the statutory five‑day period without extension is incompetent and must be dismissed.
Election law — Appeals from Electoral Commission — Rule 5(1) five‑day filing period — limitation statutes strict — no residual power to extend — late appeal without extension incompetent.
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13 January 2026 |
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Petition dismissed: applicant failed to prove statutory supporter thresholds despite lawful name change and minor affidavit defects.
Election law — Nomination requirements — Section 123(3)(f) LGA — Proof of supporters must show registration in National Voters Register; Name change — Deed Poll and Gazette — effective evidence; Affidavit formal defects — minor, court may allow; Burden and standard of proof in election petitions — petitioner must satisfy court to absence of reasonable doubt on material facts.
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12 January 2026 |
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Judicial review timely from registrar’s recognition date; registrar immune absent pleaded bad faith and private official not proper defendant.
Judicial review — limitation period — time runs from communication of impugned administrative decision; Registrar of Labour Unions — statutory protection from suit absent pleaded bad faith/negligence; proper parties — sue decision-making body or Attorney General; private union official not amenable to public-law review absent public function.
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12 January 2026 |
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Failure to exhaust a political party’s internal remedies precludes judicial review of its candidate selection.
Administrative law – Judicial review – Exhaustion of internal remedies – Political party autonomy – Justiciability of internal candidate selection – Procedural impropriety and irrationality – Rule 7A(b) Judicature (Judicial Review) Rules – Election Petitions’ Tribunals (party constitution).
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12 January 2026 |
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A petition filed outside mandatory electoral timelines, without sufficient justification, is incompetent and will be struck out.
Electoral law — mandatory time limits for election petitions — Rule 5 (presentation within five days) — strict compliance required; functus officio — Electoral Commission cannot rehear its own decision; nomination requirements — proposers/seconders; delay and dilatory conduct grounds for striking out petition.
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9 January 2026 |
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Court upheld mandatory 90‑day resignation requirement; uncertified resignation letter insufficient, appeal dismissed, parties bear own costs.
Electoral law – resignation requirement for public officers (Article 80(4); Section 4(4)(a) Parliamentary Elections Act) – proof of resignation – nomination procedure – admissibility and sufficiency of documentary proof – quorum and procedural fairness of Electoral Commission hearings.
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9 January 2026 |
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The High Court dismissed an election appeal for being filed outside the mandatory five-day timeframe, lacking jurisdiction.
Election law – Appeal to High Court from Electoral Commission – Rule 5 S.I. 141-1 – mandatory five-day time limit – jurisdictional consequence of late filing – duty to monitor delivery of Commission decisions – no extension or validation sought.
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9 January 2026 |
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The applicant challenging post-election results lacked locus standi and the court lacked jurisdiction to hear the matter.
Electoral law – jurisdiction of the Electoral Commission limited to complaints before and during polling (Art.61(1)(f), Art.64(1), s.15 Electoral Commission Act) – post-election complaints require election petition – locus standi to challenge election outcomes – National Council for Older Persons Act (gender representation) raised but remedy is judicial petition.
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9 January 2026 |
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A clerical misnaming on nomination papers was curable; the Electoral Commission validly upheld the nominations and the petition was dismissed.
Electoral law – nominations – misnomer/clerical error on nomination papers – curable under PEA s.29 and ECA s.15; control form as conclusive step in nomination process; substantive justice prevails over technicalities; procedural objections to affidavits/answers and Commission signature dismissed.
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8 January 2026 |
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Petition dismissed for being filed one day late; election filing timelines are mandatory and jurisdictional.
Election law – strict and mandatory timelines – Rule 5(1) S.I.141-1 – filing within five days – jurisdictional requirement – ECCMIS availability – dismissal for one-day delay.
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8 January 2026 |
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Court dismissed challenge to Electoral Commission's deletion of voters, finding review process complied with natural justice and fresh evidence inadmissible.
Electoral law – Voter registration and transfers – Review of parish tribunal recommendations by Electoral Commission – Natural justice in review proceedings – Admissibility of fresh evidence on appeal – Appellate scope of High Court in pre‑polling electoral appeals.
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7 January 2026 |
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Electoral Commission lawfully disqualified a candidate for failing to prove a lawful change of date of birth prior to nomination.
Electoral law — Jurisdiction of Electoral Commission to determine pre-poll complaints; Candidate eligibility — age requirement for Youth Councillor; Evidence — admissibility and weight of statutory declarations, birth notifications and NIRA records; Burden of proof in election petitions (balance of probabilities, heightened scrutiny).
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7 January 2026 |
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Pre-poll appeal dismissed: delayed deed poll and name variations do not invalidate academic qualifications; supporter signatures not proved forged.
Election law — pre-poll appeal — validity of deed poll despite delayed gazettement — name variations and effect on academic qualifications — proof of forged nomination supporter signatures — admissibility of forensic evidence without expert testimony.
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7 January 2026 |
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Court refused to enlarge time for filing an election petition, finding no special circumstances and insufficient WhatsApp evidence.
Election law — Extension of time — Court has jurisdiction to enlarge filing periods but only upon proof of special circumstances; discretion exercised narrowly — Admissibility and sufficiency of WhatsApp screenshots contested — Applicant's lack of diligence and inadequate evidence justified dismissal and striking out of out-of-time petition.
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7 January 2026 |
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A court may not extend statutory time to file an election appeal absent express power; late appeal and validation dismissed.
Electoral appeals – Parliamentary Elections (Interim Provisions) (Appeals to the High Court from Commission) Rules – mandatory five‑day filing requirement; no jurisdiction to extend statutory time; service on counsel starts time; need for expedition and diligence in election litigation.
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6 January 2026 |
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Mandatory temporary injunction denied for lack of special circumstances and failure to exhaust internal remedies.
Judicial review; Mandatory temporary injunctions; status quo (last actual pre‑dispute peaceable state); exhaustion of internal remedies; investigatory suspension; interlocutory relief likely to decide main suit; balance of convenience.
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5 January 2026 |
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Application to compel the Electoral Commission to facilitate prisoners' voting dismissed as res judicata of an earlier decision.
Constitutional law – prisoners’ right to vote under Article 59; judicial review – duty of Electoral Commission to facilitate voting; res judicata – finality of prior High Court ruling bars re-litigation.
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4 January 2026 |