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Citation
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Judgment date
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| January 2014 |
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Plaintiff failed to prove an enforceable warranty or PDI; defendant entitled to storage charges and partial counterclaim award.
Commercial law – vehicle repair and warranty – burden of proof for warranty and PDI; privity of contract; enforceability of warranty between non-party dealer and consignee; repair order terms and storage charges; limitation period computed from receipt of demand.
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30 January 2014 |
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Tribunal need not re-inspect locus or re-hear witnesses on appeal; allocation documents and corroboration proved ownership.
Land law – proof of allocation and ownership – documentary evidence and corroborating witness testimony.* Appeals – scope of appellate fact-finding – role of District Tribunal on locus in quo and calling witnesses on appeal.* Civil procedure – applicability of Civil Procedure Code vis-à-vis Land Disputes Courts Regulations.* Improvements – claims raised first time on appeal cannot be adjudicated without proper basis at trial.
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30 January 2014 |
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Failure to hold a preliminary hearing after joinder is not automatically fatal; sufficiency of circumstantial evidence determines conviction validity.
Criminal procedure – Preliminary hearing – Non‑compliance with s.192 and joinder – omission not automatically fatal; depends on whether failure causes failure of justice
Evidence – Circumstantial evidence and chain of events – sufficiency to sustain conviction for cattle theft. Plea-taking – requirement for recording plea and effect of absence on trial validity
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29 January 2014 |
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Affidavits supporting stay and leave-to-appeal applications met formal requirements; preliminary objections dismissed.
Civil procedure – preliminary objection – formal defects in affidavits – compliance with Advocates Act s.44(2) and Order VI r.14 CPC – jurat and verification by Commissioner for Oaths – curable irregularities.
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29 January 2014 |
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Court overruled objections, finding affidavits properly endorsed, signed and verified; stay application set for hearing.
Advocates Act s.44(2) – endorsement/identification of preparer of legal instruments; Civil Procedure Code Order VI r.14 – signature of deponent; O.VI r.15 – jurat/verification formalities; preliminary objections to affidavit formalities; stay of execution pending appeal.
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29 January 2014 |
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An appeal from a Primary Court is filed when fees are paid; late filing without leave is dismissed.
Limitation of appeals – Appeal from Primary Court – Filing date is date of payment of filing fees – Section 25(1)(b) Magistrates' Court Act (30 days) – Law of Limitation Act ss.43(f),46 – Section 19(2) does not exclude time to obtain copy of judgment – Appeal dismissed as time-barred.
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24 January 2014 |
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Court upheld visual-identification evidence under portable-lamp illumination; procedural joinder irregularity for second appellant was raised.
Criminal law – Visual identification – reliability where identification occurred at night under illumination by a three-battery Chinese lamp during a prolonged struggle. Criminal procedure – joinder of accused after trial commencement – whether failure to read charge and take plea vitiates trial of the later-joined accused
Evidence – witnesses naming suspects during commotion – probative value for identity
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16 January 2014 |
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Appeal allowed: convictions unsafe where forgery relied on interested witnesses and lacked expert/audit corroboration.
Criminal law – Forgery – identification of handwriting by interested Treasury employees – need for caution and independent corroboration; failure to tender original expert report. Criminal law – Evidence – interested witnesses and corroboration; chain of custody and admissibility of exhibits. Theft by public servant – requirement to prove actus reus and mens rea, necessity of audit evidence (CAG) and proper identification/arraignment of payees
Procedural – convictions based on uncorroborated and incomplete documentary evidence are unsafe
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13 January 2014 |
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CMA lacked jurisdiction because the dispute remained pending at the Conciliation Board, so the CMA proceedings and award were nullified.
Labour law – jurisdiction of CMA – proceedings and awards void where matter remains pending before Conciliation Board; setting aside ex parte awards – need for credible evidence of good cause for non-appearance.
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10 January 2014 |
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Court struck out revision application for failing to first seek reversal of an ex parte CMA award.
Labour law — CMA ex parte award — requirement to apply to CMA for reversal (s.87(5) ELRA; Rule 14(5) GN No.67/2007) — procedural prerequisite — premature revision application — lack of jurisdiction — strike out.
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10 January 2014 |
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Failure to give timely retrenchment notice and an undated representation form rendered the retrenchment unfair; only the properly represented employee awarded remedies.
Employment law – Retrenchment – Requirement of timely notice and consultation under section 38 ELRA; invalid undated representation notice; admissibility of evidence – reliance on exhibit not tendered contrary to section 78(2) Evidence Act; remedies under section 40 ELRA for unfair retrenchment.
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9 January 2014 |
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Leave-to-appeal application struck out for lacking court leave to represent multiple applicants.
Labour procedure – leave to appeal – multiple applicants – Rule 44(2) Labour Court Rules – requirement for court leave to represent others – adoption of Civil Procedure Code only where lacuna – supporting affidavit represents only the deponent – application struck out for lack of leave of representation.
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9 January 2014 |
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Court set aside unspecified interest, ordered 7% per annum on judgment debt; trial court erred by leaving interest rate unspecified.
Civil procedure — judgment debt and interest — courts may award interest for periods prior to institution of suit but must specify rate; failure to specify creates unlawful ambiguity
Evidence — awards of general damages require proof and reasoned assessment. Findings of fact — trial court must base inferences (e.g., refusal to reconcile accounts) on evidence
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9 January 2014 |
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Whether interim relief can restrain a political party's disciplinary action, considering citation of law and affidavit formalities.
Civil procedure — chamber application for interim relief against political‑party disciplinary action; proper citation of law — application of s.2(2) Cap.358 where Cap.33 is silent; affidavit admissibility — expunging argumentative paragraphs; jurisdiction — disputes over natural justice in party disciplinary proceedings are factual, not pure preliminary‑law points.
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3 January 2014 |
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Claim for unlawful detention dismissed because plaintiff was a prohibited immigrant and arrest by Immigration Officers was lawful.
Immigration law – prohibited immigrant; requirement of valid passport, visa or residence permit – Arrest and detention by Immigration Officers lawful where statutory criteria met; Tort – false imprisonment – burden on plaintiff to prove defendant authorised arrest; discretion of immigration officers and absence of malice; damages claim dismissed for lawful detention.
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2 January 2014 |
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1 January 2014 |
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1 January 2014 |
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Default judgment entered on an undefended counterclaim awarding return/payment for petroleum, damages, interest and costs.
Civil procedure – Default judgment under rule 22(1) – Counterclaim undefended – entitlement to default judgment. Commercial law – Sale of petroleum products – return or payment for goods
Damages – Loss of use of vehicles – quantification
Interest – Commercial/mercantile practice – award of interest at commercial and court rates; Engel Petroleum precedent
Execution – Restrictions under rule 22(2)
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1 January 2014 |
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A party may pursue execution of a Ward Tribunal decision after withdrawing an appeal; the DLHT must hear and enforce such execution applications.
Land law — Execution of Ward Tribunal orders — Effect of withdrawing an appeal — District Land and Housing Tribunal’s duty under s.16(3) CAP 216 to enforce Ward Tribunal orders — Admissibility of unauthenticated tribunal orders.
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1 January 2014 |
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1 January 2014 |
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Court upholds CMA: termination for riding motorcycle contrary to medical advice was substantively and procedurally unfair; compensation confirmed.
Employment law – unfair dismissal – substantive and procedural fairness; effect of medical evidence and mitigating circumstances; limits on management overruling of disciplinary committee recommendations; sanction proportionality.
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1 January 2014 |
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Whether petitioners complied with s.8(2) of the Basic Rights Act and whether a defective verification clause renders the petition incompetent.
Constitutional petition — compliance with Basic Rights and Duties Enforcement Act s.8(2); procedural competence — adequacy of verification clause; preliminary objection disposed by written submissions.
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1 January 2014 |
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Appellant's conviction for possession of leopard skins upheld; eyewitness testimony and admitted exhibits proved guilt beyond reasonable doubt.
Criminal law – unlawful possession of government trophies – proof by eye-witnesses – quality not quantity of evidence
Evidence – non-production of some witnesses – not fatal where available eyewitnesses give credible direct evidence
Evidence – escape from lawful custody – permissible adverse inference supporting guilt
Evidence – admissibility of exhibits – official certificate and trophies properly tendered and admitted
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1 January 2014 |
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A judgment is invalid if the court record does not show who pronounced it; file remitted for proper pronouncement.
Civil procedure – judgment pronouncement – requirement to record coram and identify person pronouncing judgment; failure to show who pronounced judgment vitiates it; strong evidence required to impeach court record; remedy of setting aside judgment and ordering proper pronouncement.
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1 January 2014 |
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Prolonged abandonment and adverse possession defeat a late claim to repossession; procedural complaints insufficient to overturn tribunals.
Land law – abandonment of land and long adverse possession – effect on later repossession claims; evidential weight of admissions and inconsistent dates; procedural irregularity and assessors' errors – when such complaints do not vitiate a tribunal’s decision; limits on tribunal chairperson’s powers to dispossess.
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1 January 2014 |
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Plaintiffs failed to prove lawful occupation or compensable development; registered title and court-ordered eviction rendered demolition lawful.
Land law – occupation and possession – proof on balance of probabilities; Residential licences – irregular issuance and revocation by Government Notices; Registered title as prima facie evidence; Lawful eviction/execution of court order; Proof of development and damages must be specific and strict.
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1 January 2014 |
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Applicant's dismissal for want of prosecution was excused where counsel fell ill en route, justifying restoration of the application.
Civil procedure — Restoration of dismissed suit — Application under Rule 2(2) & (3) of High Court (Commercial Division) Procedure Rules and section 95 CPC — Sickness of advocate en route to court substantiated by medical chit — excuse for failure to appear accepted
Appearance — Availability of other advocates in same firm or personal appearance by applicant does not automatically negate an otherwise sufficient explanation for non-appearance
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1 January 2014 |
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Court confirmed employees (not consultants), CSSC was payroll processor, and termination was unfair; CMA award upheld.
Employment law — distinction between employee and independent contractor — application of Control Test, Organisation Test and Dominant Impression Test; section 61 indicia
Secondment — effect of secondment and when host/receiving organisation lacks power to terminate; payroll processor distinction. Unfair termination — substantive and procedural fairness; remedy of compensation
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1 January 2014 |
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Conviction quashed where rape identification rested solely on voice at night without proven familiarity.
Criminal law — Identification evidence — voice identification — requirement of demonstrable familiarity with the voice; Identification at night/dark conditions — need for adequate lighting or other markers; Sufficiency of evidence in sexual offence convictions.
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1 January 2014 |