|
Citation
|
Judgment date
|
| November 2018 |
|
|
A defective charge sheet and lack of proof of conspiracy vitiated the convictions, leading to quashing of sentences.
Criminal law – Charge sheet/particulars – Defective charge where statutory reference contradicts particulars – Prejudice and fair trial; Criminal law – Conspiracy – Conviction requires proof of prior agreement; Procedural law – Incurable defects in charge depriving accused of gist of charge.
|
2 November 2018 |
|
Court entered default judgment for unpaid overdraft; publication required before execution.
Commercial procedure – Default judgment – Application under Rule 22(1) High Court (Commercial Division) Procedure Rules, 2012 – proper grant where defendant fails to appear and co-defendant’s defence struck out. Civil procedure – Striking out defence – Rule 31(1)(b) – consequences of non-appearance at pre-trial conference. Remedies – Enforcement of mortgage security – sale of mortgaged property to satisfy decretal sum. Execution – Rule 22(2)(a) & (b) – requirement to publish decree in newspapers and observe prescribed waiting period before execution.
|
2 November 2018 |
|
Default judgment for bank on unpaid overdraft; interest awarded and mortgaged property liable to sale.
Commercial law – Overdraft facility – breach of repayment obligations; Default judgment – High Court (Commercial Division) Procedure Rules 2012 – Rule 22(1) and Rule 22(2); Striking out of defence – Rule 31(1)(b); Interest awarded pre‑ and post‑judgment; Mortgage enforcement – order for sale on default.
|
2 November 2018 |
|
Post-mortem proved unnatural death, but inadmissible confessions and unsafe identification meant prosecution failed to prove murder.
Criminal law – murder – proof beyond reasonable doubt; post-mortem evidence; admissibility of cautioned statements; recognition/identification evidence – lighting, delay and credibility; insufficiency of evidence to convict.
|
2 November 2018 |
|
Default judgment entered for unpaid loan with principal, general damages, high pre-judgment interest, and conditional execution pending publication.
Commercial Division — Default judgment under rule 22(1) — Service by publication — Debt/loan recovery — Award of principal and general damages — Interest at 22% (filing to judgment) and 7% (post-judgment) — Execution conditioned by rule 22(2)(a)&(b) requiring newspaper publication and 21-day wait.
|
1 November 2018 |
|
Application to stay suit against guarantors pending company administration dismissed as speculative and unnecessarily delaying justice.
Civil Procedure – stay of proceedings – discretionary relief under section 68(e) and 95 CPC and section 2(3) Judicature Act – requirements for stay and avoidance of speculative/preventive stays. Insolvency/Company administration – effect of court-ordered administration on third-party proceedings and guarantor liability. Evidence – anticipatory allegations of double recovery are speculative and insufficient to warrant interlocutory relief.
|
1 November 2018 |
| October 2018 |
|
|
|
31 October 2018 |
|
Convictions quashed where trial court failed to consider defence, identification evidence was unsafe, and cautioned statement was improperly admitted.
Criminal law – Armed robbery; visual identification – necessity to establish conditions favouring correct identification (light, duration, familiarity, consistency); failure to consider defence is fatal – appellate re-evaluation; admissibility of cautioned statements – compliance with procedural/formal requirements and voluntariness; expunction of improperly admitted statements.
|
31 October 2018 |
|
Witness statements under the Commercial Division Rules are governed by the Rules, not Cap 12 jurat requirements.
Civil procedure – witness statements v. affidavits – applicability of Notaries Public and Commissioners for Oaths Act (Cap 12) jurat requirements to witness statements governed by High Court (Commercial Division) Procedure Rules, 2012 – rule 48 and third schedule control jurat content for witness statements.
|
31 October 2018 |
|
|
31 October 2018 |
|
|
31 October 2018 |
|
A plaint omitting the subject matter's value is fatally defective and was struck out for lack of jurisdiction.
Civil procedure – Order VII Rule 1(i) CPC – mandatory requirement to state the value of the subject matter of the suit – purpose: jurisdiction and court fees – omission renders plaint incompetent – striking out plaint; land law – mortgage disputes; non-monetary relief does not dispense with value statement requirement.
|
31 October 2018 |
|
Delay caused by awaiting judgment copies amounted to sufficient cause; extension of time to appeal granted for 30 days.
Civil procedure – extension of time – sufficient cause – awaiting copies of judgment and decree can constitute sufficient cause. Factors to consider: length of delay, reason for delay, prejudice to respondent, prospects of success – fact specific and not exhaustive. Applicant unrepresented and residence may be relevant to reasonableness of delay.
|
31 October 2018 |
|
Eye-witness and circumstantial evidence established murder and common intention; three accused convicted and sentenced to death, one acquitted.
• Criminal law — Murder: visual identification — reliability tests (Waziri Amani factors). • Cautioned statement: repudiation and absence of trial-within-a-trial — no evidential weight. • Common intention: inferred from joint actions, presence and conduct. • Circumstantial and medical evidence: post-mortem corroboration of multiple head injuries. • Alibi: acquittal where eyewitnesses and defence evidence exclude presence.
|
31 October 2018 |
|
|
31 October 2018 |
|
|
31 October 2018 |
|
Non‑joinder of borrower did not defeat enforcement of independent demand guarantees; misnomer of defendant was amendable.
Civil procedure – Preliminary objections – requirements for a pure point of law (Mukisa Biscuits) – distinction between technical/procedural objections and ones requiring reference to facts. Civil procedure – Non‑joinder/misjoinder – Order I rules 9, 13 and 10(2) CPC – when absence of a party defeats a suit or permits joinder. Commercial law – Demand/payment guarantees – independence of guarantees (URDG) and enforcement without joining borrower. Civil procedure – Misnomer – amendment of pleadings to correct party name under procedural rules.
|
30 October 2018 |
|
Primary Court lacked jurisdiction to try stealing by agent; High Court quashed convictions and ordered re-institution in competent court.
Criminal jurisdiction — Primary Court jurisdiction — First Schedule to Magistrates' Courts Act — offence not included in Part I — trial in absence of jurisdiction — revisional powers (ss.31(1), 29(b)) — quashing of judgment and re-institution in competent court.
|
30 October 2018 |
|
A monetary claim may survive death, but failure to substitute the deceased’s legal representative within 90 days causes abatement.
Civil procedure – substitution of deceased party – Order XXII r.4(1),(3) Cap 33 R.E.2002; Limitation Act Item 16 Part III – 90‑day period to apply for legal representative; Survival of monetary claims – s.9(1) Law Reform (Cap 310); Abatement where no timely application; Court raising abatement suo motu.
|
30 October 2018 |
|
High Court quashed District Court orders and ordered rehearing after finding procedural irregularity and denial of hearing.
Magistrates' Courts — Revisionary jurisdiction — Quashing District Court proceedings for procedural irregularity and denial of right to be heard; stay of execution — effect and improper revocation.
|
30 October 2018 |
|
|
30 October 2018 |
|
Conviction quashed for illegal cautioned statements and failure to prove possession and proper procedural safeguards.
Criminal procedure – section 231 CPA – requirements before drawing adverse inference – failure to explain charge or record accused’s election invalidates adverse inference. Evidence – cautioned statements – four-hour statutory limit – statements taken outside limit expunged. Evidence – chain of custody – principle relaxed for items not easily tampered with (elephant tusks) but nexus to accused still required. Possession – recent/constructive possession – prosecution must prove dominion or control; mere presence in vehicle insufficient. Right to fair trial – opportunity to cross-examine adverse witnesses and corroboration of accomplice evidence required.
|
30 October 2018 |
|
A jurat lacking identification and date makes the applicant's affidavit incurably defective and subject to striking out.
Oaths and Statutory Declarations Act (Cap 34) s10 — jurat requirements (identification of deponent and date); Affidavit formalities — jurat must state whether deponent is known to the commissioner or identified by another; Incurable defect — omission of required jurat particulars renders affidavit and originating application incompetent; Remedy — striking out with costs; leave to file fresh application in the interests of justice.
|
30 October 2018 |
|
Prosecution proved murder beyond reasonable doubt; eyewitness and post-mortem evidence established intent, defences rejected.
Criminal law – Murder – Elements: death, unlawful act, perpetrator, malice aforethought – proof beyond reasonable doubt. Evidence – Credibility and corroboration of eyewitness testimony and post-mortem report. Defences – Self-defence, provocation and intoxication: requirements and when they fail. Circumstantial and direct evidence – Weapon, force and injuries as indicia of intent to kill.
|
30 October 2018 |
|
Accused acquitted where medical and identification evidence failed to prove attempted murder beyond reasonable doubt.
Criminal law — Attempted murder — Requirement to prove intent and act likely to endanger life; Medical/forensic evidence to establish nature of injurious substance; Visual identification — Waziri Amani guidelines, contradictions in lighting, number and roles undermine reliability; Alibi and reasonable doubt; Appropriate charge where injuries are non life‑threatening (assault causing bodily harm).
|
30 October 2018 |
|
Prosecution failed to prove respondents' guilt where unreliable night-time identification and sketch-plan deficiencies created reasonable doubt.
Criminal law – Murder – Elements of murder – Death and unlawful act established but identity of assailants not proved beyond reasonable doubt; Visual identification at night – lighting, duration, distance and sketch plan deficiencies undermine reliability; Defence (denial/alibi) raising reasonable doubt – acquittal.
|
30 October 2018 |
|
|
30 October 2018 |
|
Court granted 14‑day extension to apply for leave to appeal after bereavement and accident caused delay.
Extension of time – discretionary relief under s.11(1) AJA – sufficient cause; promptness, diligence, accounting for delay; bereavement and accident as grounds for extension; ex parte proceeding where respondent defaults.
|
29 October 2018 |
|
Failure to join the Treasury Registrar after statutory vesting rendered the suit incompetent and required striking out.
Public law – Vesting order (GN. 203 of 2014) – Transfer and vesting of residual functions, assets and liabilities in Treasury Registrar – Effect on capacity to be sued. Civil procedure – Non-joinder of necessary party – Requirement to join Treasury Registrar where entity ceased to exist. Government Proceedings Act – Section 6(2) – Statutory 90-day notice to Attorney General before suing the State – Compliance precondition to joinder. Remedy – Striking out suit for failure to comply with statutory notice and for non-joinder of necessary party.
|
29 October 2018 |
|
Appeal struck out as incompetent due to variance between the ruling and the drawn order; preliminary objection upheld.
Civil procedure – Appeals – Competence of appeal – Drawn order dated differently from the court’s ruling – Material procedural variance renders appeal incompetent and liable to be struck out. Preliminary objection – Appropriateness of raising competence objection where drawn order and ruling mismatch.
|
29 October 2018 |
|
Second appeal allowed on maintenance due to reliance on extraneous matters; asset distribution claim failed for lack of proof.
Family law – divorce and maintenance – appellate review – second appeal limited to legal misdirection; extraneous considerations vitiate judgment. Family law – matrimonial property – burden of proof on party claiming joint acquisition; documentary evidence and vendor testimony necessary. Civil procedure – appellate jurisdiction – second appeal will not reappraise evidence unless lower courts misdirected on law.
|
29 October 2018 |
|
Buyer entitled to repayment and interest where supplied generator did not correspond to contractual description.
Sale of Goods – sale by description – failure of goods to correspond to description (230 kVA v 180 kVA); buyer's inspection and acceptance; remedies – repayment of price and interest; insufficient proof of specific ancillary expenses; general and exemplary damages refused.
|
29 October 2018 |
|
Failure to disclose ward tribunal membership renders proceedings void; appellate confirmation set aside and retrial ordered.
Land law – Ward tribunal composition – Section 11, Land Disputes Courts Act (Cap. 216) – omission to disclose names/number of members – fatal irregularity – want of jurisdiction – nullity – appellate confirmation of nullity infirm – remittal for retrial.
|
29 October 2018 |
|
Court dismissed petition challenging an interim arbitral award as interlocutory and not amenable to judicial challenge.
Arbitration — interim/interlocutory awards — finality test for judicial challenge; whether an interim award constitutes an "award" under the Arbitration Act; jurisdiction to review ongoing arbitral proceedings; removal of arbitrators/umpire prior to final award.
|
29 October 2018 |
|
|
26 October 2018 |
|
Application for re‑admission dismissed as time‑barred and improperly founded on the wrong procedural provision.
Civil procedure – re‑admission of proceeding – Order XXXIX, Rule 19 applicable only where appeal dismissed under specified rules; Limitation Act (item 10, Part III) 30‑day period for re‑admission applications; competence and clarity of prayers; delay caused by obtaining judgment not sufficient excuse.
|
26 October 2018 |
|
Application for re-admission dismissed as time-barred and procedurally incompetent; each party to bear own costs.
Limitation — Application for restoration/re-admission — 30-day time limit under item 10 Part 3 of the Schedule to the Law of Limitation Act — late filing renders application time-barred. Civil Procedure — Order XXXIX r.19 CPC — provision applies to appellants seeking re-admission after dismissal of an appeal; not available where applicant is not appellant or appeal not dismissed. Procedural law — Competency of application — ambiguous prayers and wrong procedural foundation render application incompetent. Relief — Dismissal for non-compliance with limitation; costs ordered each party to bear own costs.
|
26 October 2018 |
|
A taxing master must follow binding High Court precedent; striking out on wrong-provision grounds was set aside.
Practice and procedure – Taxing master – Striking out of application for being brought under wrong provision – Applicability of Order 9 rule 9(1) CPC – Duty to follow High Court precedent.
|
26 October 2018 |
|
A temporary injunction was granted to preserve possession of commercial property pending trial, costs reserved.
Civil procedure – interim relief – temporary injunction – requirements under Order 37 r.2 CPC: serious questions to be tried, irreparable harm, balance of convenience; property preservation pending suit.
|
26 October 2018 |
|
Application for bail struck out as Drug Act, not EOCCA alone, governs bail and alleged drug quantity rendered offence unbailable.
Criminal procedure – Bail – Competency of application – Whether EOCCA s.36(1) alone can move the Court where Drug Control and Enforcement Act governs bail; applicability of s.29(4) importing CPA provisions. Drug offences – Trafficking – Statutory weight thresholds for unbailability – alleged 152.71 kg exceeds then-applicable 100 kg threshold making offence unbailable. Bail hearings – Not a forum to probe merits of charges; scrutiny of evidence left to committal/trial courts.
|
26 October 2018 |
|
Appellate court declared appellant owner, found village allocation unlawful, quashed tribunal decision and ordered respondent to vacate.
Land law – ownership by inheritance and administration of estate – weight of evidence on appeal; Village land allocation – proof required and inconsistencies in minutes versus payment receipts; Appellate re-evaluation of evidence – misdirection by tribunal chairman and assessors’ opinions.
|
26 October 2018 |
|
Appeal allowed: identification evidence inadequate and failure to call material witnesses rendered conviction unsafe.
Criminal law – Rape – Eye-witness identification; admissibility under s.127 Evidence Act; failure to call material witnesses – negative inference (Hemed Issa v Mbilu); hearsay and lack of corroboration – conviction unsafe.
|
26 October 2018 |
|
Weak identification and an unlawfully obtained caution statement rendered the robbery conviction unsafe; appeal allowed and conviction quashed.
Criminal law – Armed robbery – Visual identification evidence – reliability and need for description or prior knowledge; Criminal procedure – Variance between charge sheet date and evidence – undermines prosecution case; Criminal procedure – Caution statement – time limits under section 50 CPA and requirement to read/explain to accused before admission; Conviction unsafe where identification and confession evidence are defective.
|
26 October 2018 |
|
|
25 October 2018 |
|
|
25 October 2018 |
|
Unparticularized quantified "special damages" are treated as general damages and do not confer High Court jurisdiction.
Civil procedure – Preliminary objection – Pecuniary jurisdiction – Effect of quantified but unparticularized "special damages" on jurisdiction. Pleadings – Special damages – Necessity of particulars; failure to particularize converts claim effectively into general damages. Jurisdiction – Section 13 CPC – Proceedings to be instituted in the lowest competent court; High Court improperly moved where claim is within subordinate court's pecuniary limit.
|
25 October 2018 |
|
Applicant’s unexplained delay and unsupported reliance on counsel’s negligence do not justify extension of time to set aside the judgment.
Limitation of actions – extension of time under s.14(1) Law of Limitation Act – requirement to show sufficient or reasonable cause. Civil procedure – applicant must account for each day of delay when seeking enlargement of time. Negligence of counsel and asserted denial of hearing (audi alteram partem) are not automatically sufficient grounds for extension without adequate explanation.
|
25 October 2018 |
|
Failure to apply for leave to depart an expired speed track results in striking out of the suit.
Civil Procedure — Order VIII A Rule 4 — Scheduling Conference (speed track) — departure or amendment requires prior leave of court — party must apply before expiry — costs normally on party benefiting from amendment — failure to apply leads to striking out.
|
25 October 2018 |
|
Application for land tribunal revision cited wrong statutes; court struck it out for incompetence and ordered no costs.
Land law — Revision jurisdiction — Incorrect statutory citation — Applications for revision from District Land and Housing Tribunal must be moved under s.41 Land Courts Act — Incompetence and striking out — No costs.
|
25 October 2018 |
|
Where evidence shows joint contribution, a matrimonial house is divisible equally; lower courts misapprehension warranted correction.
Matrimonial property – Joint efforts – Contribution includes financial and domestic efforts – Second appeal standard for interference with concurrent findings – Equal division of jointly acquired matrimonial house.
|
25 October 2018 |