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30,798 judgments
Citation
Judgment date
February 2026
Plaintiff awarded purchase price, general damages and interest after court found defendant fraudulently sold the land.
Civil procedure; contract for sale of land; fraudulent sale and burden/standard of proof for fraud; money had and received; measure of damages for breach of land sale; interest and costs.
6 February 2026
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.
6 February 2026
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.
6 February 2026
Breach of an investment contract was established, but fraud claims and piercing the corporate veil were not proven.
Contract law – breach of investment agreement – proof on balance of probabilities in ex parte proceedings; Fraud allegations – higher civil standard of proof; Lifting corporate veil – requires evidence of directorship, fraud or impropriety; Remedies – repayment, general damages, interest and costs; Exemplary damages – not awarded absent oppressive or profit-driven conduct.
6 February 2026
High Court declines to hear sole custody as first instance but permits mother to travel and have custody abroad, father to give written consent.
Children law – custody jurisdiction – Magistrates Court as court of first instance for sole custody applications; custody by agreement (s118 Children Act); best interests of the child; recognition of birth certificates (Registration of Persons Act s39(3)); High Court’s remedial powers (Judicature Act s37) to permit travel and custody abroad.
4 February 2026
Registrar precluded from determining share dispute pending in court; transfers funded by company funds are not valid transfers.
Companies law — transfer of shares — invalidity where acquisition funded by the company; surrender of shares under Regulations; Registrar's jurisdiction limited where related matter is pending in court (Regulation 4(1) SI 71 of 2016).
4 February 2026
The court dismissed the respondent’s suit as an abuse of process, barred by res judicata/functus officio and fatally defective.
Civil procedure – striking out pleadings (Order 6 r.30; Order 7 r.11) – cause of action – locus standi via Power of Attorney – res judicata and functus officio (consent judgment) – suit against deceased persons (nullity/substitution) – parallel proceedings, forum shopping and abuse of court process.
3 February 2026
Court extended expired letters of administration five years to allow the estate to continue receiving pension.
Succession — Renewal/extension of expired letters of administration — Succession Act s256(3) and s256(4)(c) — Court’s discretion under Judicature Act s37 — Estate receiving pension — beneficiaries’ consent — conditions: inventory and accounts — costs.
2 February 2026
Court extended expired letters of administration for two years, requiring inventory and account within one year.
Succession law — Extension/renewal of letters of administration — Applicability of s.256(3) and s.337(4) Succession Act — Requirement to show just cause for grants issued before 31 May 2022 — Beneficiaries’ consent — Filing of inventory and accounts.
2 February 2026
January 2026
Whether the High Court may stay enforcement of tax assessments that reapply a methodology invalidated by the Tax Appeals Tribunal.
Tax law – stay of enforcement of assessments – jurisdiction of High Court vs Tax Appeals Tribunal – administrative re‑litigation of rejected computation methodology (gaming tax and withholding tax) – irreparable harm and balance of convenience.
31 January 2026
Court granted stay of execution pending appeal after finding a prima facie case, risk of irreparable harm, and favourable balance of convenience.
Civil procedure – Stay of execution pending appeal – Requirements: notice of appeal; prima facie likelihood of success; irreparable harm/nugatory appeal; balance of convenience; promptness – Rule 42 High Court prerequisite – Execution for costs and threat of civil imprisonment.
30 January 2026
Plaintiff's special damages unproven; court awarded general damages, set off prior criminal compensation, and granted costs.
Civil damages – special damages require strict pleading and proof – general damages assessed for permanent bodily injury – prior criminal compensation to be set off under s.126(3) Trial on Indictments Act – ex parte proceedings where defendants defaulted.
30 January 2026
Appellant failed to prove lawful title or occupation; courts affirmed respondent's registered ownership and trespass finding, appeal dismissed with costs.
Land law – ownership by registered title – burden of proof – alleged kibanja purchaser’s evidence and sale agreement held suspect – trespass established; Civil procedure – second appeal scope under Ss.72 & 74 CPA; locus in quo – no proceedings on record, no retrial required; competence objection – Rule 102(b) leave required.
30 January 2026
Circumstantial evidence and credible minor witness testimony can sustain a murder conviction under common intention despite absence of a post-mortem report.
Criminal law — Murder — Circumstantial evidence and credibility of minor witness; common intention — Alibi — Requirement to raise and prove an alibi; proof of cause of death — Post-mortem report not always necessary where non-medical evidence supports unlawful death.
30 January 2026
Set-off and adverse inference for spoliation resolved competing claims over vehicle sales and parking fees, yielding a net judgment for the plaintiff.
Contract and quasi-contract – sale of vehicles and possession – valuation as evidence of price – set-off of mutual debts – spoliation of records and adverse inference – interest and costs.
30 January 2026
Stay of execution granted pending appeal, conditional on applicant depositing taxed costs as security.
Civil procedure – Stay of execution pending appeal – Requirements under Order 43 Rule 2 and 3/Order 22 r.23 – timely notice of appeal – imminent threat of execution evidenced by taxation and execution application – security for due performance – delay and likelihood of success.
29 January 2026
The court upheld the trial finding of respondent’s customary ownership and dismissed appellants’ challenges, including limitation and citizenship arguments.
Land law – customary land ownership – inheritance and letters of administration; Citizenship – relevance to customary ownership where not pleaded; Limitation Act – accrual of cause of action and continuous trespass; Jurisdiction – Magistrate Grade One and pecuniary value; Invalidity of local allocations – District Land Board authority; Evidentiary evaluation and burden of proof on appeal.
29 January 2026
Application to strike out plaint dismissed for want of prosecution due to failure to prosecute and serve respondent.
Civil procedure – dismissal for want of prosecution – failure to prosecute and non-service – inherent powers of court – Judicature Act s17(2)(a) and Civil Procedure Act s98.
29 January 2026
Late appeal validated but dismissed; prior veil-lifting justified attachment and execution, costs awarded to respondent.
Civil procedure – extension/validation of appeal period; res judicata – scope to include notices to show cause arising from earlier proceedings; amendments filed out of time without leave; lifting corporate veil – attachment of related assets; objector proceedings and execution.
29 January 2026
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.
29 January 2026
An appeal dismissed for want of prosecution after neither party complied with court directives under Section 17(2)(a).
Civil procedure – Dismissal for want of prosecution – Failure to comply with court directives – Section 17(2)(a) Judicature Act Cap 16 – Appeal dismissed.
29 January 2026
Benefit-protecting caveats lodged for minors do not lapse automatically and cannot be vacated without sufficient cause.
Registration of Titles Act s.124 – Caveats – Beneficiary caveats by Administrator General – Protection of minors’ interests – Caveats do not lapse automatically – Removal requires showing of sufficient cause.
29 January 2026
Court corrected omission under the slip rule to declare both consolidated suits barred by res judicata.
Civil procedure – consolidation of suits – res judicata – judgment in rem – slip rule (Section 99 CPA) – consequential orders vs correcting omissions.
29 January 2026
Whether the respondent validly filed company returns and what administrative corrections are available.
Companies Act – validity of annual returns – beneficial ownership – Registrar’s administrative role in verifying company-submitted particulars – data correction and Form-based rectification – mootness where register already restored.
29 January 2026
Appellant failed to show valid title or due diligence; trial court correctly found respondent owner and dismissed the appeal.
Land law – ownership of unregistered land – effect of temporary permission versus proprietary title – purchaser’s duty of due diligence before purchase – failure to call material witness – appellate re-evaluation of evidence.
29 January 2026
Application dismissed for want of prosecution due to non‑compliance with court directives under Section 17(2)(a).
Civil procedure – Case management – Parties' failure to comply with court directives issued on ECCMIS – Dismissal for want of prosecution under Section 17(2)(a) Judicature Act, Cap 16.
29 January 2026
Application for property division dismissed for non-appearance; ECCMIS e-service recognized; no order as to costs.
Civil Procedure – dismissal for non-appearance – Order 9 Rule 17; Electronic service – ECCMIS validation constitutes effective service; Property – application for severance/partition dismissed on procedural grounds.
29 January 2026
Application dismissed for want of prosecution after parties failed to comply with court directives under section 17(2)(a).
Civil procedure — Dismissal for want of prosecution — Non-compliance with court directives — Section 17(2)(a) Judicature Act (Cap 16) — Case management and party obligations.
29 January 2026
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.
29 January 2026
Vendors were joinable as necessary defendants because their presence was essential to the applicant’s ownership defence.
Civil procedure – Joinder of parties – Order 1 r.3 and r.10 CPR – Necessary parties – Vendor purchasers in land dispute – Amendment of plaint – Avoidance of multiplicity of suits.
29 January 2026
Court granted leave to proceed ex parte against non‑filing defendants after effective substituted service; suit set down for proof against defending respondent.
Civil procedure – substituted service – effectiveness of service by publication pursuant to court order – Order 9 r.10 & r.11 CPR – proceeding ex parte where defendants fail to file defence – setting suit down for formal proof against remaining defendant.
29 January 2026
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.
29 January 2026
Stay of execution refused where applicant failed to show a prima facie appeal, imminent execution, or adequate security.
Civil Procedure – Stay of execution pending appeal – Requirements: prima facie likelihood of success, risk of substantial/irreparable loss, no unreasonable delay, security for due performance – Failure to prove appeal filed or willingness to provide security – Application dismissed.
29 January 2026
A Decree Nisi granted to the applicant for cruelty and constructive desertion; property allocated, alimony denied.
Divorce — Valid church marriage; Cruelty established on balance of probabilities; Constructive desertion; Adultery not proved; Distribution of matrimonial property; Alimony denied; Costs: each party bears own.
28 January 2026
Res judicata overruled; court added the estate and appointed a beneficiary as administrator pendente lite; costs each party.
Succession Act – appointment of administrator pendente lite – addition of necessary parties under Order 10(2) CPR – res judicata not applicable where prior proceedings dealt with different reliefs – representation of deceased estate in land dispute.
28 January 2026
Discovery refused; consent execution precludes relevance of a statement of account and valuation was already filed on ECCMIS.
Civil procedure — Discovery — prerequisites: relevancy, possession/control, non-privilege, prior futile attempts; Execution by consent — consented figures render detailed statement of account immaterial; ECCMIS filing suffices for production; Order 22 r.38 applies to decree holders, not judgment debtors.
28 January 2026
Whether the applicant or the respondent is the rightful owner entitled to State compensation for military‑occupied land.
Land law – Temporary Occupation Licences (TOLs) – interpretation and evidential weight; ownership dispute over military‑occupied land; compensation by State – valuation date; locus standi – administrator substituted; counterclaim in trespass and fraud – burden and standard of proof; costs and interest awarded.
28 January 2026
Whether temporary occupation licences and verification determine rightful ownership and entitlement to government compensation for military‑taken land.
Land law — Temporary Occupation Licences (TOLs) — ownership disputes where TOLs are licence numbers not surveyed parcels — determination of which licence covered land taken by military — entitlement to compensation for Government acquisition — locus standi of administrator to continue deceased’s suit — burden of proof on counterclaim — limitation and valuation date for compensation.
28 January 2026
A non-candidate lacks standing; the Supreme Court cannot grant pre-election injunctions and the President enjoys constitutional immunity.
Constitutional law — Presidential election jurisdiction — Article 104 restricts standing to an aggrieved candidate; pre-election disputes lie with the Electoral Commission and High Court — Presidential immunity under Article 98(4) — Separation of powers prevents courts ordering Parliament to legislate or installing interim governments — Amicus and whistleblower status do not cure lack of locus standi.
28 January 2026
The appellant’s appeal was struck out for procedural defects; gift of intestate property invalid without letters of administration.
Civil procedure – Appeals to High Court – requirement to commence appeals by memorandum of appeal and within statutory time – necessity of extracted decree or final order on record; Succession law – intestate property – gifts by widow prior to grant of letters of administration invalid (Section 187 Succession Act).
28 January 2026
Registrar expunged irregularly passed resolutions and filings due to lack of notice, ultra vires acts and illegal endorsements.
Companies law – Rectification of register – Invalid special resolution – Directors’ power to admit members (Table C Part II) – Illegal endorsements/copied signatures – Expungement under Regulation 8 – Registrar’s limited jurisdiction (section 243 and Regulation 8).
28 January 2026
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.
28 January 2026
Court granted injunction preventing respondent removing applicant’s telecom mast pending appeal due to regulatory obligations and irreparable harm.
Civil procedure – Temporary injunction pending appeal; ECCMIS filing and timeliness; res judicata; jurisdiction of Registrar to stay execution; Telecommunications law – UCC Regulations 2019 and Guidelines 2021; irreparable harm – license revocation, contractual breach, public service disruption; balance of convenience.
28 January 2026
Court set aside ex parte judgment, finding counsel's negligence constituted sufficient cause for the applicants.
Civil procedure – Setting aside ex parte decree – Order 9 r27 – "sufficient cause" includes advocate negligence; affidavit formalities and failure to attach order curable for substantive justice.
28 January 2026
Grant of administration obtained contrary to succession and Administrator General Act was revoked; disputed land restored to deceased’s estate.
Succession law – testate estate requires probate or letters of administration with will annexed; ordinary letters for intestacy defective for testate estate – Administrator General’s certificate of no objection mandatory – revocation of grant for defective or fraudulent procurement – Registration of Titles Act: indefeasibility subject to fraud and void underlying transactions – requirements for gift inter vivos and necessity of proper transfer instruments.
28 January 2026
Section 9 LADASA ousts the ACA; employment arbitration clauses cannot displace Industrial Court jurisdiction.
Labour law – Arbitration – Enforceability of contractual arbitration clauses in employment contracts – Section 9 LADASA excludes the Arbitration and Conciliation Act from Industrial Court proceedings – party autonomy vs statutory protection for employees.
27 January 2026
Acting Registrar acted ultra vires in vacating a garnishee nisi and varying a judge’s conditional stay; garnishee reinstated.
Labour law / execution — Conditional stay of execution — Mandatory bank guarantee covering decretal sum with interest — Breach causes stay to lapse — Garnishee proceedings — Registrar’s jurisdiction; ultra vires variation of judge’s order.
27 January 2026
Whether a stay of execution is appropriate where the appeal was withdrawn by consent and the property already sold.
Civil procedure – Stay of execution – Requirements: existence of appeal, likelihood of success, irreparable harm, balance of convenience, absence of delay – Withdrawal by consent – Execution completed and property transferred to third-party – Reinstatement vs set-aside.
27 January 2026
Applicant failed to show sufficient cause to reinstate a suit dismissed for want of prosecution due to lack of diligence.
Civil procedure — Reinstatement of suit dismissed for want of prosecution — Order 9 Rule 23 CPR — Sufficient cause — Applicant’s diligence and delay — Role of counsel’s negligence and litigant’s duty to follow up.
27 January 2026
Court granted adoption after finding petitioners met statutory requirements and the adoption served the child’s best interests.
Adoption law – jurisdiction of High Court in cases involving dual-national applicants – statutory adoption requirements (age, fostering, consent, criminal record, financial capacity, recommendations) – best interests of the child – recognition of foreign recognition of adoption orders (UK/Scotland).
27 January 2026