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631 judgments found.
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December 2004
29 December 2004
An ex parte injunction restrained the respondent from enforcing a new rent increase pending determination of an earlier challenge.
Civil procedure — Interim injunction (ex parte) — Rent increase — Pending suit challenging prior rent increase — Abuse of court process
29 December 2004
Specific performance granted to the applicant for a house purchase; damages dismissed for lack of proof.
Civil procedure — substituted service and ex parte proceedings — Judgment in defendant's absence after substituted service
Damages — Special damages — Requirement for specific pleading and proof on balance of probabilities
Land law — Sale of land — Specific performance — Grant where purchaser performed contractual obligations and vendor disappeared
28 December 2004
Specific performance ordered where plaintiff proved contract and payment on the balance of probabilities; damages not proved.
Contract law — evidence — affidavits and documentary proof sufficient to establish entitlement to equitable relief
Contract law — Procedure — substituted service and ex parte proceedings allowed where defendant cannot be traced
Contract law — Remedies
— claim for special damages not proven and dismissed
— specific performance granted
Contract law — Sale of land — existence and performance of contract — specific performance granted where contract proved on balance of probabilities
28 December 2004
22 December 2004
Whether circumstantial and forensic evidence proved the accused’s participation in a bombing conspiracy.
Criminal law — Conspiracy to murder — Circumstantial evidence — Forensic evidence and risk of contamination — Association and shared use of property insufficient to prove guilt
22 December 2004
Reported
Criminal law — Terrorism — Conspiracy to commit murder -Accused had no knowledge of plans and activities of conspirators — Whether there is a basis for inferring guilt of accused
Evidence — circumstantial evidence — Accused was a friend of conspirators — Accused had no knowledge and activities of conspirators — Whether accused guilty of conspiracy to commit murder
22 December 2004
Court lacks jurisdiction due to insufficient pecuniary claims in plaintiff's pleadings, suit struck out.
Land law — property disputes — locus standi — pecuniary jurisdiction — procedural requirements in land disputes
20 December 2004
Failure to plead required land value ousts Land Division jurisdiction; separate preliminary‑objection notices contravene procedural rules.
Civil procedure
— Locus standi — challenges based on authority/heirs require evidential resolution
— Preliminary objections
20 December 2004
Compounding set aside: shotgun not covered by s71 and compounding officer lacked statutory power.
Administrative law — Delegation of Powers — Power to compound offences — Authority under section 82(2) and designation of Director of Game
Wildlife offences
— compounding of offences — requirements and limits of compounding under section 82 and section 71 of the Wildlife Conservation Act — Authority under section 82(2) and designation of Director of Game
— Possession offences — Requirement of circumstances raising reasonable presumption of use or intent
20 December 2004
A fine and forfeiture from a compounding under s.71 were set aside where a shotgun was not covered and the compounding lacked legal basis.
Wildlife offences
— compounding of offences — requirements and limits of compounding under section 82 and section 71 of the Wildlife Conservation Act
— procedural fairness — coercion to sign composition form and evidential inference from witness signature
20 December 2004
Commercial court has admiralty jurisdiction, but a fresh suit on the same ship ownership issue is barred as res judicata and abuse of process.
Civil procedure
— Abuse of process — instituting fresh proceedings while related main suit is pending
— Commercial jurisdiction — admiralty and ownership of merchant vessels under Rule 2 GN.141/1999
— Procedure
— Res judicata — interlocutory rulings and estoppel by judgment where same parties, issues and object are involved
20 December 2004
Appeal allowed: convictions quashed for unsafe night identification and insufficient evidence of conspiracy.
Criminal law
— conspiracy — Conspiracy must be proved by evidence placing accused at the alleged time and place
— duty to consider defence evidence — Trial court must analyse and weigh defence evidence
— visual identification evidence — Reliability and safety of identification at night — Waziri Amani principles on visual identification
17 December 2004
Uncertified payment vouchers insufficient to prove disbursements; most bill items disallowed and total taxed at Shs.103,500.
Civil procedure — Taxation of costs — sufficiency of proof for disbursements
— advocate’s fee reduced having regard to claim value and issues
— payments to non-parties (witness) not recoverable in decree holder’s bill
— uncertified photocopies of payment vouchers inadequate
17 December 2004
Appeal allowed: conviction for stealing by agent quashed due to inconsistent evidence and failure to prove guilt beyond reasonable doubt.
Criminal law — Stealing by agent — Entrustment, agent’s receipt of goods, failure to account, mens rea
Criminal procedure — Burden of proof — Burden of proof beyond reasonable doubt
Evidence — Hearsay evidence — Weight and inadmissibility where primary maker did not testify
17 December 2004
17 December 2004
Application to amend plaint to add new defendant and claims dismissed as afterthought; eviction order granted to expedite justice.
Civil procedure — amendment of pleadings
— afterthought amendments and prejudice to existing parties
— Amendment permissible to determine real questions but not to introduce new cause of action after court has determined core controversy
— eviction order granted to expedite justice
— interlocutory rulings and timeliness
16 December 2004
Late application to amend pleadings to challenge a completed auction sale was dismissed as an abuse of process.
Civil procedure — amendment of pleadings — discretion to allow amendments but not to defeat ends of justice — delay and abuse of process — challenging auction sale and registration after transfer — injunction inappropriate after registration
16 December 2004
Court remitted parts of an arbitration award for reconsideration due to lack of reasons and proof for specific damages.
Arbitration — Award — Court may remit award under s.14 Arbitration Ordinance for reconsideration
Tort — Specific damages — Requirement of specific proof
— not automatically misconduct
— Setting out reliefs in the award consequential
16 December 2004
Remanding an individual for non-appearance of a corporate accused is unlawful; companies cannot be imprisoned.
Criminal procedure
— Corporations — a body corporate cannot be imprisoned
— natural justice — obligation to hear person before curtailing personal liberty
— remand — remanding an individual for non-appearance of a corporate accused
— Remedies when a corporate accused fails to appear — ex parte proceedings or contempt, not imprisonment of officers
15 December 2004
Whether confessions are admissible where interview breached statutory time limits and alleged torture rendered them involuntary.
Criminal procedure — Admissibility of confessional statements — Non-compliance with statutory safeguards under the Criminal Procedure Act ss.50 — 51
Evidence — Extra‑judicial/confessional statements recorded before Justice of the Peace — Whether an Honorary District Magistrate is a Justice of the Peace capable of receiving extra‑judicial confessions
15 December 2004
Whether a purchase order containing an arbitration clause constitutes an enforceable agreement to arbitrate.
Arbitration — enforceability of arbitration clause — purchase order — submission to arbitration
Arbitration — Stay of proceedings
— document characterization
— Law of Contract Ordinance considerations
15 December 2004
An injunction against the respondent was refused because a government demolition notice rendered relief futile.
Civil procedure — TANROADS demolition notice futility of relief — interim order inappropriate where third‑party governmental demolition may supersede Balance of convenience and irreparable harm — injunction refused where relief would be ineffective Proper defendant for injunctive relief — injunction should target the party with enforceable control over the land
15 December 2004
Where two sales conflict, the earlier valid sale prevails; unreliable seller testimony defeated the later purchaser's claim.
Civil procedure — Appellate review — when appellate court may reverse trial court despite locus in quo inspection
Evidence — credibility of vendor — inconsistent testimony undermines purchaser’s claim
Land law — competing sales — priority of sale — earlier valid sale prevails over subsequent sale
14 December 2004
Convictions quashed for incomplete record and improper handling of caution statements; retrial ordered before a different magistrate.
Criminal law — Trial irregularity — Conviction unsafe where essential findings, charge specification and exhibits are not properly recorded
Criminal procedure — incomplete record of trial — Necessity to record particulars of arrest and seizure for unequivocal facts
Evidence — Cautioned/confessional statements — inadmissible/evidentially worthless if not read over in court for accused to challenge — Evidence Act s.127
14 December 2004
Supplier awarded damages and interest for unlawful premature termination and continued use of installed equipment.
Contract law — supply/lease agreement
— assessment of damages for lost profit, equipment value and renovations
— inadmissibility of damages for advertising/signpost not authorised by contract
— supplier’s obligation to install and maintain equipment
— unlawful premature termination without contractual notice
14 December 2004
Preliminary objections dismissed: plaint discloses a cause of action and claimed interest counts for pecuniary jurisdiction.
Civil procedure
— Pecuniary jurisdiction — value of subject matter — Interest specifically claimed counts towards jurisdiction
— Preliminary objections — whether plaint discloses cause of action — assessment based on plaint itself
14 December 2004
Reported
Banking law
— Banking — Loan facility — Compound interest charged on loan facility — Compound interest defined
— loan facility
13 December 2004
Conviction for arson upheld on identification and credibility; fourteen-year subordinate-court sentence quashed as ultra vires, reduced to four years.
Civil procedure — Appeal
Criminal law — arson — Identification evidence — admissibility and sufficiency where accused admits presence and distinctive clothing matched witness description
Criminal procedure — Sentencing
— Limits of subordinate court sentencing powers under section 170 Criminal Procedure Act
— sentence ultra vires and excessive
13 December 2004
Due notice to produce and s.98 Evidence Act can render unstamped agreements admissible when the respondent fails to produce stamped originals.
Evidence
— Admissibility of documents — Photocopies/secondary evidence — s.64 & s.67(1)(a)(iii) Evidence Act
— Stamp duty and admissibility — Notice to produce and s.98 Evidence Act — Presumption of attestation, stamping and execution
13 December 2004
Purchaser and bank not liable; receiver and company remain liable for unpaid suppliers after receivership.
Company law
— Company/agency — Authority of agent to bind company — Debenture clause excluding liability of debenture holder for receiver’s acts
— Receivership — Priority of application of sale proceeds under sale agreement and s.78 Cap.212
Evidence — documentary proof — Admissibility of delivery notes and exclusion where dates appear irregular
13 December 2004
Conviction quashed where evidence failed to prove the appellant solicited or authorised receipt of money.
Criminal law — Corruption offences — Soliciting and receiving bribe — Requirement for reliable evidence and corroboration
Criminal procedure — substitution of charge — proper prosecution application and reading of substituted charge
Evidence — credibility and corroboration — Proof required to show accused authorised third party to receive money
10 December 2004
Sale in execution set aside where auctioneer sold more property than Court ordered despite unrecorded out-of-Court payment.
Civil procedure
— Costs — court may apportion costs where court prompted irregularity and respondent did not raise preliminary objection
— Execution of decree — Certification of out-of-court settlement — Order XXI r.2(1)-(2)
— Sale in execution — Proclamation and conduct of sale — Sale set aside where property sold exceeded that authorized
10 December 2004
Appellant's two‑year sentence for abusive language exceeded six‑month statutory maximum; appeal allowed and appellant released.
Criminal law — sentencing
10 December 2004
An internal bank write‑off does not extinguish a borrower's liability; debenture and guarantees remain enforceable.
Commercial law
— Debenture enforcement — Whether suing guarantors concurrently with principal discharges guarantors — Guarantee remains coextensive with principal debt under contract
— Loan recovery — Whether internal bank 'write‑off' extinguishes debtor's liability — Bank provisioning does not discharge customer liability
Jurisdiction — Commercial Division — Whether commercial jurisdiction is ousted by land‑related elements — Realization of charged property ancillary to commercial claim and s.167 Land Act not ousting jurisdiction
10 December 2004
Banking law — Banking — Debtors — Discharging a debtorfrom liability — Whether the bank’s internal mechanism of'writing offdebts or losses discharges a debtorfrom ® liability
Banking law — Banking — Securities
— Debenture — Whether guarantors discharged upon the debtor failing to excise options provided in a debenture
— Guarantee — Whether guarantors discharged upon the debtor failing to excise options provided in a debenture
Contract — Estoppel — Whether a bank is estoppedfrom claiming from debtors money due to it after using its internal mechanism ofdebt or loss write-off
Contract law — Contract-liability ofa surety — Liability is co-extensive with that ofthe principal debtor
10 December 2004
High Court lacks jurisdiction over appeals originating in a Ward Tribunal; appeal dismissed for want of jurisdiction.
Civil procedure — jurisdiction — Appeals
— Appeals from Ward Tribunal
— High Court cannot entertain such appeals directly
7 December 2004
7 December 2004
Conviction quashed where trial court improperly relied on withdrawn witness evidence and identification of stolen property was doubtful.
Criminal procedure
— Doctrine of recent possession — inapplicability where item changed hands and long lapse
— identification of stolen property — sufficiency and corroboration
— reliance on withdrawn testimony is incurable irregularity
— Standard of proof — beyond reasonable doubt
— withdrawal of charge and substituted charge
7 December 2004
Conviction for stealing by agent quashed due to inconsistent evidence and prosecution's failure to prove dishonesty beyond reasonable doubt.
Criminal law
— Admissibility and reliability of contract evidence — Civil creditor — debtor relationship may negate dishonest intention
— Stealing by agent — elements: entrustment, agent’s receipt of goods, failure to account, mens rea
Evidence — Evidence and credibility — hearsay and improbable testimony cannot support employer’s case
7 December 2004
Fifteen‑year delay and wrong procedure defeated attempt to set aside an ex parte High Court judgment from a Primary Court.
Civil procedure
— Appeals from Primary Courts
— Magistrates' Courts Act s.25(1)(b)
— Setting aside ex parte judgment — Proper remedy is application to the court which passed the decree under Order 9 r.13
Limitation law — extension of time — requirements and sufficiency of explanation for delay
7 December 2004
Donor custodian cannot override contract; certified unpaid sums payable and late, unformalized extra claims disallowed.
Contract law — donor-funded projects — third party custodian of funds (ITECO) remains outside contract and cannot override contractual payment obligations
3 December 2004
An appeal does not stay execution; stay requires no delay, security for performance, and proof of irreparable loss, which were not shown.
Civil procedure — Stay of execution — Appeal does not automatically stay execution
3 December 2004
Caveat removed where caveator failed to show cause and relied on an apparently spurious document.
Land law — Land registration ordinance s.78(4)
— burden to show cause on caveator
— probative value of authenticated surveyed plan versus unsupported document
— removal of caveat
1 December 2004
November 2004
Court confirmed amendment of the applicant's memorandum clause after finding compliance with section 7 requirements.
Company law — Companies law — alteration of memorandum of association — confirmation
— amendment confirmed
— court satisfied statutory compliance
30 November 2004
Stay application struck out for invoking wrong procedural provision and failing to meet Order XXXIX Rule 5 requirements.
Civil procedure
— Chamber summons — citation of alternative statutory provisions — Vague "any other enabling provision" insufficient
— Stay of execution pending appeal — Order XXXIX Rule 5 and Order XXI Rule 24 applied — Order XXXIX Rule 5(1) and Rule 5(3) requirements
30 November 2004
An appellate stay must be sought under Order XXXIX Rule 5(1); invoking Order XXI Rule 24 is incompetent.
Civil procedure — Stay of execution
30 November 2004
Court granted ex parte petition appointing applicants as guardians ad litem for an infant under the Adoption Ordinance.
Family law — Adoption — Appointment of guardian ad litem — Ex parte petition — Court may grant where no objection
29 November 2004
An unopposed adoption petition was heard ex parte and the court granted appointment of the petitioners as guardians ad litem.
Family law — Adoption — Appointment of guardian ad litem
29 November 2004
29 November 2004