|
Citation
|
Judgment date
|
| June 2018 |
|
|
Appellants' appeal for unlawful possession of government trophies dismissed; seizure lawful, chain of custody proven, cautioned statement expunged.
Criminal law – Unlawful possession of government trophies (elephant tusks) – proof of possession and custody. Evidence – admissibility of Certificate of Seizure and requirement (or not) of signatures by all accused. Evidence – chain of custody for physical exhibits; possessory nature of trophies. Evidence – admissibility and qualification of valuation report under Wildlife Conservation Act. Evidence – cautioned statement must be read over to accused; failure renders it irregular and expungible. Procedure – trial court’s duty to consider defence and correctly state convicting offence.
|
29 June 2018 |
|
Appeal dismissed: prosecution proved vehicle theft beyond reasonable doubt; seizure certificate and registration card properly admitted.
Criminal law – Theft – Identification of stolen vehicles – admissibility and evidential value of Registration Card and Certificate of Seizure (P1, P3). Criminal procedure – Tendering of exhibits – effect of non-objection at trial. Evidence – necessity (or not) of comparing logbook particulars with engine/chassis numbers. Fair trial – language comprehension – waiver by participation and cross-examination. Appeal – acquittal on separate count does not necessarily indicate bias as to other convictions.
|
29 June 2018 |
|
Pre‑marital property is matrimonial only upon proven substantial improvement; assets redistributed accordingly and maintenance order upheld.
Matrimonial property – scope of section 114 Law of Marriage Act – when pre-marital property becomes matrimonial by substantial improvement; Division of matrimonial assets – equitable allocation of houses, vehicles and livestock; Maintenance – upkeep order upheld and enforceable.
|
29 June 2018 |
|
Whether a pre-marriage property becomes matrimonial when substantially improved, and proper redistribution of matrimonial assets.
Matrimonial property — section 114 Law of Marriage Act — pre-marriage property converted to matrimonial asset by substantial improvement or joint efforts; appellate correction of misdirected inclusion of private property; division of houses, vehicles, livestock; maintenance enforcement.
|
29 June 2018 |
|
Failure to enter a statutory conviction before sentencing renders the judgment and sentence a nullity; record remitted for proper judgment.
Criminal procedure — Conviction and sentence — Requirement to specify offence and statutory provision in judgment — Sections 235(1) and 312(2), Criminal Procedure Act — Failure to enter conviction before sentence is fatal and renders judgment and sentence nullity — Remittal to trial court to compose proper judgment.
|
29 June 2018 |
|
A notice of appeal filed after the statutory ten‑day period was time‑barred and struck out under section 361(1)(a).
Criminal procedure — Appeal — Notice of intention to appeal — Time limit under section 361(1)(a), Cap. 22 [R.E. 2002] — Notice filed after ten days — Time‑barred — Notice of appeal struck out.
|
29 June 2018 |
|
Irregular, unexplained change of magistrates during trial vitiated proceedings and required retrial before another magistrate.
Civil procedure – Irregular change of magistrates during trial without reasons – Impairment of credibility assessment – Proceedings nullified and judgment quashed; retrial ordered. Contract – Alleged variation of written building contract by instructions – substantive dispute left for retrial.
|
29 June 2018 |
|
Reported
Omission of an advocate’s signature on a plaint is a curable procedural defect; dismissal was improper and the matter was remitted for trial.
Civil Procedure – Order VI Rule 14 – Signature of pleadings – Advocate’s signature must appear immediately after closing of statements; signature in "drawn and filed by" section insufficient. Procedural defect – omission of signature curable by amendment or striking out, not dismissal. Advocate Act s.44 distinction from Civil Procedure requirements.
|
29 June 2018 |
|
Conviction based on weak visual identification, unread cautioned statement and denial to call a defence witness rendered the verdict unsafe.
Criminal law – Armed robbery – Visual identification – Requirement to specify nature/intensity of light, distance and physical features before relying on identification evidence; caution in accepting identification in poor lighting. Evidence – Cautioned statement admitted but not read in open court – cannot be relied upon. Criminal procedure – Accused’s right to call witnesses – court’s power under s.231(4) to summon defence witnesses.
|
29 June 2018 |
|
Leave to appeal denied where no arguable appeal or issue of general importance, and jurisdictional complaint deemed an afterthought.
Appellate procedure – Leave to appeal under S.5(1)(c) AJA and Rule 45(a) – Requirement of an arguable appeal or issue of general importance. Civil procedure – Afterthought jurisdictional challenges – Failure to raise jurisdiction at earlier stages disentitles applicant to leave. Evidence – Complaint of wrong analysis must be specified to constitute an arguable ground for leave. Costs – Unsuccessful leave applicant ordered to bear costs.
|
29 June 2018 |
|
High Court quashed tribunal dismissal where appeal was wrongly dismissed pending appointment of deceased respondent's administrator.
Land Disputes — Revision under s.43(1)(b) of the Land Disputes Courts Act — Tribunal's dismissal for non-appearance quashed where respondent deceased and administrator appointment pending; scheduling around public holiday contributed to unjust dismissal.
|
29 June 2018 |
|
Conviction quashed due to unlawful admission of cautioned statements and unsafe visual identification.
Criminal law – armed robbery; admissibility of cautioned statements – requirement for inquiry into voluntariness and right to object; visual identification – reliability conditions for night identification and necessity of proper ID parade; conviction quashed where evidence unlawfully admitted and identification unsafe.
|
29 June 2018 |
|
An application to stay execution of an ex parte decree was dismissed as time-barred under the Limitation Act, with costs to the respondent.
Civil procedure – preliminary objections – distinction between pure points of law and matters requiring evidence (Mukisa principle). Limitation Act (Cap 89) – accrual of right; sections 5 and 6(m); item 21 Part III – 60 days for applications where period not specifically prescribed. Stay of execution – time for application runs from date of decree or date of awareness; failure to obtain extension renders application incompetent. Locus standi – non-parties must act promptly or obtain extension before seeking relief to suspend execution.
|
29 June 2018 |
|
A third party cannot directly enforce an insurer’s policy absent a prior judgment against the insured; trial irregularities nullified the judgment.
Motor Vehicles Insurance Act s.10(1) – Third‑party enforcement – Privity of contract – A stranger to an insurance policy cannot directly sue the insurer absent a judgment against the insured; procedural irregularities vitiating trial judgment.
|
29 June 2018 |
|
A court that passed a decree retains jurisdiction to execute it; striking out execution for lack of jurisdiction was erroneous.
Civil procedure – Execution of decrees – Order XXI Rule 9 CPC – court which passed decree is proper forum for execution; Magistrates Courts Act s.40 – concurrent jurisdiction of District Court presided by Resident Magistrate; Execution by attachment permitted under s.42 CPC; striking out for want of jurisdiction erroneous.
|
29 June 2018 |
|
Appeal against rape conviction dismissed; PF3 expunged for non‑compliance but victim’s credible evidence upheld, procedural irregularity non‑prejudicial.
Criminal law — Rape — Credibility of victim’s testimony; Evidentiary procedure — PF3 admissibility and section 240(3) CPA compliance; Criminal procedure — Sections 231 and 210(3) CPA; Voir dire competency tests for child witness; Requirement for in camera trials in sexual offence matters and curability of procedural irregularity.
|
29 June 2018 |
|
Defective charge and inadmissible caution statement did not overturn conviction because victim testimony and medical evidence sufficiently corroborated the rape charge.
Criminal law – Rape — charge sheet irregularity (citation of non‑existent subsection) not automatically fatal; Criminal Procedure Act s388 — errors cureable absent failure of justice; Caution statements — compliance with s50/51 CPA mandatory; non‑compliance warrants expungement; Evidence Act — child victim’s evidence carries weight; medical report (PF3) can corroborate sexual offences; closed family testimony assessed on merit and may be accepted if corroborated.
|
28 June 2018 |
|
A defective charge (omitting s.258(1)) and failure to call a material witness rendered the theft conviction unsustainable.
Criminal law – Stealing by servant – Charge sheet must cite the section creating the offence (s.258(1)) together with s.271 – omission renders charge fatally defective; Evidence – failure to call material witness may attract adverse inference; Admissions – admission of loss is not admission of theft; Confession – document not a confession where it does not admit commission of theft.
|
28 June 2018 |
|
Convictions quashed where visual identification was unsafe and co-accused statements were unreliable or improperly admitted.
Criminal law – visual identification – necessity for ‘watertight’ identification: light, duration, distance, prior knowledge; Admissibility of cautioned and extra-judicial statements – proper identification of maker, signature/fingerprint and connection to accused; Confessions by co-accused – section 33 Evidence Act limits and requirement that confession incriminate the confessor; Conviction requires proof beyond reasonable doubt; Dock identification and identification parade irregularities.
|
28 June 2018 |
|
A signed discharge voucher alone does not conclusively prove payment; non est factum cannot first be raised on appeal.
Civil procedure – ex parte judgment – duty to notify absent party of judgment delivery; failure may vitiate decision. Evidence – discharge of liability voucher – whether a signed voucher alone proves payment; need for proof of encashed cheque/bank evidence to satisfy balance of probabilities. Contract/evidence – non est factum – available where document misrepresented or due to incapacity, but must be pleaded at trial, not first raised on appeal.
|
28 June 2018 |
|
Conviction for stealing by agent upheld; sentence reduced to four years and restitution of sale proceeds ordered.
Criminal law – Stealing by agent (Penal Code ss. 273(b), 258(1)) – entrustment and conversion of entrusted property. Evidence – Documentary evidence (contracts, sale agreement) as primary/effective proof. Evidence – Admissibility and weight of caution statements; conviction may rest on other cogent evidence. Criminal procedure – Appellate reduction of sentence under section 366(1) Criminal Procedure Act. Remedies – Restitution of sale proceeds to victim.
|
28 June 2018 |
|
Variance between charge and evidence (theft in transit vs obtaining by false pretence) vitiated conviction; proceedings declared nullity.
Criminal law – evidence – material variance between charge and prosecution evidence (stealing goods in transit v. obtaining by false pretence) – defective charge renders proceedings a nullity; cautioned statement improperly admitted must be expunged; contradictions in prosecution witnesses resolved in favour of accused.
|
28 June 2018 |
|
A review application that raises appellable issues rather than new evidence or an apparent error is dismissible; appeal is the proper remedy.
Civil Procedure — Review — Order XLII Rule 1 CPC — review limited to new evidence, mistake apparent on face of record, or other sufficient reason. Distinction between review and appeal — appellable matters are not grounds for review. Functus officio — Court cannot reverse its own reasoning by review. Land dispute procedure — confusion between execution application and main suit does not, by itself, justify review.
|
28 June 2018 |
|
Leave granted to file late Notice of Appeal under section 361(2) CPA for good cause shown.
Criminal Procedure Act (Cap. 20) s.361(2) – extension of time to file Notice of Appeal – affidavit evidence – good cause – unopposed application – leave to file late appeal.
|
28 June 2018 |
|
An unopposed urgent application for injunctive relief under Order XXXVII is granted; costs reserved.
Civil Procedure — Order XXXVII Rules 1(a) & 2(1) — Certificate of urgency — urgent injunctive relief — unopposed application — respondent’s concession — costs reserved.
|
28 June 2018 |
|
Extension of time granted due to advocate’s retention of appeal documents and arguable challenge to Ward Tribunal composition.
Extension of time – enlargement of time to file appeal – factors to consider (length of delay; reason; arguable appeal; prejudice) – retention of client documents by former advocate as cause for delay – composition of Ward Tribunal (whether secretary sat as member) – ex parte hearing where respondent defaulted.
|
28 June 2018 |
|
Appellate court upheld a two‑year sentence for grievous harm and quashed an improperly issued community service order.
Criminal law – Grievous harm – sentencing discretion – appellate interference only for manifest inadequacy or wrong principle. Community Service Act – s.3 inquiry requirement – community service order ultra vires if issued without statutory inquiry or prison authority consultation. Procedure – transfer of file and participation of State in post‑conviction orders.
|
28 June 2018 |
|
|
28 June 2018 |
|
Conviction quashed where armed robbery charge omitted the threatened person and identification evidence was unreliable.
Criminal law – armed robbery – particulars must include the person against whom threat or violence was directed (s.287A Penal Code); omission is fatal and incurable (s.388(1) CPA). Identification – visual ID requires source/intensity of light and prior descriptions; identification parade without prior description has no evidential value. Evidence of recovery – certificate of seizure and relevant witnesses are necessary to prove possession of stolen property.
|
28 June 2018 |
|
Appeal dismissed: child’s competent testimony corroborated by medical evidence proved penetration; conviction and sentence upheld.
Criminal law – Sexual offences against a child – Competence and voir dire of a child witness – s.127 Evidence Act. Evidence – Child’s testimony as best evidence; corroboration by medical report (PF3). Criminal procedure – Right to cross-examine; harmless omission where conviction rests on other credible evidence. Standard of proof – Penetration proved beyond reasonable doubt; conviction appropriately upheld.
|
28 June 2018 |
|
Trial court improperly admitted cautioned statement and failure to tender recovered exhibits created reasonable doubt, convictions quashed.
Criminal law — admissibility of cautioned statements — necessity of trial-within-trial procedure when voluntariness is challenged; evidentiary requirement to tender recovered exhibits (weapons, stolen property) — failure to account for exhibits raises reasonable doubt in armed robbery prosecution.
|
28 June 2018 |
|
Appeal allowed: trespass claim is not a land dispute; dismissal set aside and matter remitted for hearing on merits.
Civil procedure — form of appeal — petition of appeal vs memorandum of appeal — no prejudice where impugned decision cited; Jurisdiction — land dispute vs tort — trespass to property not necessarily a land dispute for Land Tribunal; Procedural remedy — strike out vs dismissal when jurisdictional objection upheld.
|
27 June 2018 |
|
Appeal allowed: trespass claim is tort, not a land dispute; trial court wrongly dismissed for lack of jurisdiction.
Civil procedure – form of appeal document – misnaming "petition" vs "memorandum" not fatal where no prejudice; Jurisdiction – trespass to property is a tort, not necessarily a land dispute for Land and Housing Tribunal; Procedure – striking out versus dismissal after upholding jurisdictional objection; Application of quidquid plantatur solo solo cedit not appropriate where no dispute over ownership or occupation of land.
|
27 June 2018 |
|
Equivocal guilty plea, improper preliminary hearing and unlawful sentencing led to quashing of conviction and appellant's release.
Criminal procedure – equivocal guilty plea – requirement that accused be afforded opportunity to admit or dispute facts; improper preliminary hearing after guilty plea; cautioned statement must be read out before admission; sentence requiring confirmation under section 170 CPA – failure to refer renders sentence unlawful; remedy: quashing of proceedings and conviction.
|
27 June 2018 |
|
A wrong statutory citation renders an application incompetent and should be struck out; appeal dismissed with no costs order.
Procedure — Wrong or non-existent statutory citation — Incompetent application — Proper remedy is striking out (not dismissal) — Appellate discretion on costs.
|
27 June 2018 |
|
Appeal dismissed: child’s unsworn testimony and PF3 sufficiently proved sexual offence; sentence corrected to life imprisonment.
Criminal law – sexual offences against children – admissibility and assessment of evidence of a child of tender years under section 127 TEA (as amended); competence and cross‑examination rights; corroboration by medical report (PF3); non‑necessity of tendered clothing or DNA for conviction; appellate power to correct conviction and substitute sentence under CPA.
|
27 June 2018 |
|
Cautioned statement not read aloud must be expunged, but other credible evidence upheld the appellant's conviction.
Criminal law – Unnatural offence (sodomy) – evidence and identification; cautioned statement admitted but not read over — expunged; medical evidence and PF3; discretion to summon witnesses; improper re‑examination by trial court but non‑fatal error.
|
27 June 2018 |
|
Failure to address accused under s.226(2) CPA and trial irregularities, plus weak evidence, led to release rather than retrial.
Criminal procedure — conviction in absentia — s.226(2) Criminal Procedure Act — right to be heard; trial irregularity — magistrate examining witness; insufficiency of medical evidence; retrial vs release.
|
27 June 2018 |
|
General damages in defamation need not be quantified; district court competent and matter remitted for trial.
Civil procedure – Jurisdiction – Pecuniary jurisdiction and court fees – Defamation – General damages need not be quantified – Primary court jurisdiction limited to matters under customary or Islamic law – Suit remitted to District Court for trial.
|
27 June 2018 |
|
Appeal dismissed: identification, lawful caution statement and corroborating evidence proved armed robbery beyond reasonable doubt.
Criminal law – Armed robbery – visual identification in daylight – proximity and opportunity to observe. Identification parade – compliance with Police General Orders and admissibility of parade reports. Caution statements – compliance with Crim. Proc. Act ss.50,51,57 and admissibility after withdrawal of objection. Proof beyond reasonable doubt – evaluation of identification, admissions, and rebuttal of alibi.
|
27 June 2018 |
|
Plaintiffs proved defective machines and breach of contractual commissioning/after‑sales obligations; awarded principal sum, interest and costs.
Sale of goods – implied/express term for installation, commissioning and after‑sales service – continuing breach and fresh accrual under Limitation Act – striking out witness statement for failure to attend cross‑examination – damages and interest awarded.
|
26 June 2018 |
|
Court granted letters of administration pendente lite under section 38 and Rule 50 of the Probate Act, pending the main probate cause.
Probate law – Letters of administration pendente lite – Grant under section 38 and Rule 50 of the Probate and Administration Act – Interim administration pending determination of main probate cause.
|
26 June 2018 |
|
Appellant granted leave to apply to set aside an ex-parte judgment after lower court wrongly conflated leave-stage test with substantive issues.
Civil procedure – Extension of time – Application for leave to apply out of time to set aside ex-parte judgment – Court must assess "good cause" for delay, not decide substantive setting-aside issues. Evidence – Affidavit explaining delay and lack of proof of service can constitute good cause. Procedural error – Reliance on counsel’s absence at leave stage improper.
|
26 June 2018 |
|
Whether the appellant’s child‑rape conviction was safe given alleged procedural defects and evidential discrepancies.
Criminal law – Rape of a child; admissibility and competence of child evidence – voir dire under section 127(2) Evidence Act; sufficiency of corroboration by medical and other witnesses; procedural compliance with section 312 Criminal Procedure Act; effect of minor contradictions on safety of conviction.
|
26 June 2018 |
|
Court granted an extension of time to appeal where the respondent did not oppose, allowing 21 days to lodge the appeal.
Civil procedure – extension of time to appeal – exercise of judicial discretion – application granted where respondent did not oppose and no reasons to refuse were shown.
|
26 June 2018 |
|
Daylight identification and corroborative evidence upheld robbery conviction; appeal dismissed.
Criminal law – robbery – identification evidence (daylight, prior acquaintance, proximity, opportunity to observe) – corroboration by witnesses and medical report – burden of proof beyond reasonable doubt – appellate review of trial court’s reasoned judgment.
|
26 June 2018 |
|
Conviction quashed because the court lacked jurisdiction where ages of accused (possible children) were not established.
Criminal law – Armed robbery – Competence of charge – Jurisdiction – Age of accused – Law of the Child requires juvenile matters to be heard by Juvenile Court – Failure to prove ages renders charge and conviction incompetent; visual identification and other issues unnecessary once jurisdictional defect established.
|
26 June 2018 |
|
Appellants' conviction quashed for trial court's failure to comply with statutory conviction requirements.
Criminal procedure — Mandatory particulars of conviction — failure to state offence and statutory section violates s.235(1) and s.312(2) CPA; conviction irregular and non‑curable under s.388; judgment quashed and matter remitted for proper conviction and sentencing; sentence backdated to original date.
|
26 June 2018 |
|
Appeal partly allowed: filings held timely; registry mis‑title an administrative error; suo motu order for defence filing set aside.
• Civil procedure – extension of time under Law of Limitation Act s.14(1) and CPC s.95 – admissibility of exchequer receipt as proof of timely filing.
• Civil procedure – registries and court titles – administrative function of registers; registry mis‑labelling not necessarily jurisdictional.
• Civil procedure – suo motu orders – court must not grant relief not applied for; setting aside orders made beyond scope of application.
• Family/matrimonial proceedings – procedure for setting aside ex‑parte judgments and subsequent defence pleadings.
|
25 June 2018 |
|
A trial court's failure to specify the offence and Penal Code section renders its conviction and judgment invalid.
Criminal procedure – Judgment and conviction – Requirements of Sections 235(1) and 312(2) Criminal Procedure Act – Necessity to specify the offence and Penal Code section when convicting. Defective conviction – statement "convicted as charged" insufficient – invalid judgment. Remedy – quashing of judgment, setting aside sentence and remitting record for proper conviction and sentencing.
|
25 June 2018 |