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30 judgments found.
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December 2023
Non-service of notice and non-joinder of necessary parties rendered the High Court proceedings a nullity; appeal nullified under revisional powers.
Civil procedure
— Appeal procedure — Service of notice of appeal — non-service renders notice invalid
— Constitutional right — denial of right to be heard (Article 13(6)(a)) renders decision a nullity
— Parties — mis-joinder and non-joinder of necessary parties (Order I r.10(2) CPC)
— revisional jurisdiction — Court may nullify inferior court proceedings under s.4(2) AJA
15 December 2023
Failure to serve notice and copy‑request renders appeal time‑barred and leads to striking out.
Appellate practice
— Abatement of appeal — Death of appellant — Court of Appeal Rules r.105(2)
— Competence of appeal — Service of notice of appeal — Court of Appeal Rules r.84(1)
— Court of Appeal Rules r.90(3) — exclusion of time for obtaining copies — Rule 90(1)
15 December 2023
14 December 2023
Applicant failed to account for delay or show arguable grounds for review; extension of time refused with costs.
Civil procedure
— Delay caused by court office procedures — does not relieve applicant of duty to act promptly and account for subsequent delay
— extension of time
— review applications
14 December 2023
Failure to plead grounds and to diligently follow up a defective certificate of delay; negligence is not good cause for extension of time.
Civil procedure
— Certificate of delay — responsibility of Registrar and duty of party to seek correction — Failure to act/neglect in securing correction not good cause
— extension of time — good cause — Diligence required
— Procedural requirements — Grounds must be stated in notice of motion and supporting affidavit — Submissions cannot introduce new grounds
14 December 2023
13 December 2023
Extension application struck out for failing to seek extension from the High Court first as required by Rule 47.
Appellate practice — Appellate procedure — Extension of time — concurrent jurisdiction of High Court and Court of Appeal
13 December 2023
13 December 2023
13 December 2023
12 December 2023
Applicant failed to show good cause; sickness and non‑apparent illegality did not justify extension of time.
Civil procedure
— Extension of time to appeal — Good cause, inordinate delay and diligence (Lyamuya principles)
— Illegality — Illegality apparent on the face of the record justifying extension
— Sickness as ground for extension — Requires medical evidence proving prevention from acting during the relevant limitation period
12 December 2023
A magistrate hearing both the criminal and ensuing civil matter created a real possibility of bias, requiring retrial.
Civil procedure — Judicial impartiality — bias — presiding over related criminal and civil proceedings
Civil procedure — Porter — nullification and quashing of proceedings
Civil procedure — remittal for retrial Malicious prosecution
— damages assessment
— elements (malice, absence of reasonable and probable cause) and evaluation of evidence
12 December 2023
An apparent illegality in lower court proceedings can constitute sufficient cause to extend time to lodge an appeal.
Appellate practice — extension of time to file notice of appeal — Requirement for good cause under Rule 10 of the Court of Appeal Rules
Civil procedure — extension of time
— Distinction between technical and substantive delay (Fortunatus Masha)
— Whether alleged illegality apparent on the face of the record constitutes sufficient cause to extend time
11 December 2023
An omnibus application combining single-Justice and Full Court prayers is incompetent and struck out.
Civil procedure — Omnibus application — combining prayers for single Justice and Full Court — incompetence
— settled authorities applied
— strike out. Rules 60(1)-(2), 111(1), 45 and 10 considered
8 December 2023
Preliminary objections on absent notice and missing certificate of delay do not bar an application for extension of time; objections overruled.
Civil procedure — Preliminary objections — application for extension of time
8 December 2023
Applicant granted 14-day extension to serve respondent due to promptly remedied inadvertence; each party to bear own costs.
Civil procedure — extension of time — inadvertence by previous advocate — prompt discovery and prompt remedial action — mandatory service of notice of appeal and request for copies
5 December 2023
March 2023
Service suspension justified by complaint and police involvement; defamation not proved — High Court awards reversed.
Telecommunications law — Telecommunications/mobile money — suspension of service — customer complaint and police involvement as justification
30 March 2023
Appeal struck out for failure to serve notice of appeal and for being time‑barred under Court of Appeal Rules.
Appellate practice
— Court of Appeal Rules r.90(3) — exclusion of time for obtaining copies
— notice and petition of appeal — Service of notice of appeal (Rule 84(1)) — Failure to serve notice renders appeal incompetent
29 March 2023
29 March 2023
29 March 2023
Failure to apply in writing for High Court copies prevents time exclusion under Rule 90(1); appeal is time‑barred.
Civil procedure — Appeals
28 March 2023
27 March 2023
Whether a counterclaim is deemed abandoned when omitted from an amended defence after amendment of the plaint.
Civil procedure
— Appellate practice — leave to appeal — test for granting leave where arguable issues or disturbing features exist
— Counterclaim — whether omission of a counterclaim from an amended written statement of defence following amendment of the plaint amounts to abandonment
— retrial — propriety of quashing judgment for non-determination of counterclaim
27 March 2023
27 March 2023
27 March 2023
23 March 2023
23 March 2023
22 March 2023
22 March 2023
21 March 2023