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Citation
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Judgment date
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| December 2023 |
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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 (Rule 84(1)) – non-service renders notice invalid; revisional jurisdiction – Court may nullify inferior court proceedings under s.4(2) AJA; parties – mis-joinder and non-joinder of necessary parties (Order I r.10(2) CPC) – failure to join co-vendors and auctioneer; constitutional right – denial of right to be heard (Article 13(6)(a)) renders decision a nullity.
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15 December 2023 |
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Failure to serve notice and written request for copies rendered the appeal time‑barred and it was struck out.
Civil procedure — Appeal competence — Service of notice of appeal within 14 days (Rule 84(1)) — Request for High Court proceedings and time exclusion (Rule 90(1) and (3)) — Failure to serve written request — Time‑barred appeal — Abatement on death (Rule 105(2)).
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15 December 2023 |
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14 December 2023 |
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Applicant failed to account for delay or show arguable grounds for review; extension of time refused with costs.
* Civil procedure – extension of time – Rule 10 Court of Appeal Rules – requirement to show good cause and account for each day of delay.
* Review applications – requirement to indicate arguable grounds under Rule 66(1) when seeking extension.
* Delay caused by court office procedures – does not relieve applicant of duty to act promptly and account for subsequent delay.
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14 December 2023 |
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Applicant’s delay and failure to plead or diligently pursue correction of a defective certificate of delay warranted dismissal of extension application.
Civil procedure – extension of time – Rule 10 and 48(1) of the Court of Appeal Rules; requirement that grounds be pleaded in notice and affidavit; negligence and lack of due diligence not good cause; defective certificate of delay; inability to rely on grounds raised only in submissions.
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14 December 2023 |
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13 December 2023 |
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Extension application struck out for failing to seek extension from the High Court first as required by Rule 47.
Appellate procedure – extension of time – concurrent jurisdiction of High Court and Court of Appeal – Rule 47 requires applications for extension to be made first to the High Court – Rule 45A permits a ‘second bite’ in the Court of Appeal after High Court refusal – incompetency/prematurity grounds for striking out.
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13 December 2023 |
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13 December 2023 |
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13 December 2023 |
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12 December 2023 |
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Applicant failed to show good cause; illness and alleged illegality did not justify extension, application dismissed with costs.
Civil procedure – extension of time under Rule 45A and Rule 10; good cause tested by Lyamuya guidelines (account for delay, length of delay, diligence); medical evidence insufficient without showing prevention; illegality as ground for extension must be apparent on the face of the record; repetitive litigation and abuse of process.
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12 December 2023 |
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A magistrate hearing both the criminal and ensuing civil matter created a real possibility of bias, requiring retrial.
* Judicial impartiality – bias – presiding over related criminal and civil proceedings – test of a fair‑minded, informed observer (R v Gough; Porter v Magill)
* Revisional powers – s.4(2) Appellate Jurisdiction Act – nullification and quashing of proceedings; remittal for retrial
* Malicious prosecution – elements (malice, absence of reasonable and probable cause) and evaluation of evidence; damages assessment
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12 December 2023 |
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Apparent illegality in lower court proceedings can justify extension of time to lodge an appeal.
Civil procedure – extension of time (Rule 10) – discretionary remedy – illness and technical delay – Fortunatus Masha – illegality apparent on the record (assessors not invited to give opinions) as sufficient cause to extend time – appellate procedure (notice of appeal).
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11 December 2023 |
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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 – strike out. Rules 60(1)-(2), 111(1), 45 and 10 considered; settled authorities applied.
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8 December 2023 |
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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 – relevance of notice of appeal and service under Rule 84(1) – annexure of notice not mandatory in extension applications – Rule 49(1) affidavit requirement – certificate of delay under Rule 90 not prerequisite to seeking extension of time.
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8 December 2023 |
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Applicant granted 14-day extension to serve respondent due to promptly remedied inadvertence; each party to bear own costs.
Extension of time – Rule 10 Court of Appeal Rules – "good cause" – inadvertence by previous advocate – prompt discovery and prompt remedial action – mandatory service of notice of appeal and request for copies (Rule 84).
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5 December 2023 |
| March 2023 |
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Service suspension justified by complaint and police involvement; defamation not proved — High Court awards reversed.
Telecommunications/Mobile money — suspension of service — customer complaint and police involvement as justification; defamation — requirement to prove publication, exact words and speaker; re-appraisal of evidence on appeal under Rule 36.
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30 March 2023 |
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Failure to serve notice of appeal and to prove service of record request rendered the appeal incompetent and time-barred.
Civil procedure — Court of Appeal Rules 2009 — Rule 84(1) service of notice of appeal mandatory; failure to show proof of service in the record renders appeal incompetent; Rule 90(1)/(3) — 60-day time limit for instituting appeal and exclusion of time spent preparing record requires written request served on respondent; labour appeal struck out for non-compliance.
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29 March 2023 |
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29 March 2023 |
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29 March 2023 |
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Failure to apply in writing for High Court copies prevents time exclusion under Rule 90(1); appeal is time‑barred.
Civil procedure — Appeals — Time to institute appeal under Rule 90(1) of the Court of Appeal Rules, 2009 — Proviso excluding time for preparation/delivery of High Court copies — Requirement of written application within 30 days and service on respondent — Absence of application letter in record defeats exclusion — Appeal struck out as time‑barred.
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28 March 2023 |
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27 March 2023 |
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Whether a counterclaim is deemed abandoned when omitted from an amended defence after amendment of the plaint.
Civil procedure – counterclaim – whether omission of a counterclaim from an amended written statement of defence following amendment of the plaint amounts to abandonment; appellate practice – leave to appeal – test for granting leave where arguable issues or disturbing features exist; retrial – propriety of quashing judgment for non-determination of counterclaim.
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27 March 2023 |
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27 March 2023 |
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27 March 2023 |
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23 March 2023 |
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23 March 2023 |
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22 March 2023 |
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22 March 2023 |
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21 March 2023 |