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Citation
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Judgment date
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| December 2019 |
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Extension under s.361(2) granted where court‑supplied defective notice and good‑faith delay made filing late but excusable.
Criminal procedure – extension of time to file notice of appeal under s.361(2) CPA – good cause – factors to consider (length of delay, reasons, prejudice, diligence) – defective notice titled to wrong court – reliance on court/prison‑supplied form by incarcerated appellant – ignorance of law inapplicable – time spent pursuing appeal in good faith excusable delay.
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20 December 2019 |
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Bail cannot be granted where statutory provision bars bail for trafficking heroin weighing 20g or more; application struck out.
Drugs – Bail – Trafficking in heroin weighing 20g or more is statutorily non-bailable (Drugs Control and Enforcement Act s.29(1)(a)); Criminal Procedure Act s.148(5)(a)(ii) – bail governed by statute; application struck out as incompetent.
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20 December 2019 |
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Affidavits lacking proper jurat (place/date/attestor’s details) are incurably defective and render the application incompetent.
* Criminal procedure – Extension of time – Application by Chamber Summons must be supported by valid affidavits; jurat must state attestor’s name, place and date as required by s.8 Notary Public and Commissioner for Oaths Act – absence of place/date renders affidavit incurably defective.
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20 December 2019 |
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Applicants granted extension to file appeal after demonstrating diligence and good cause under s.361(2) CPA.
Criminal procedure — Extension of time under s.361(2) CPA — "Good cause" requires promptness and diligence — Prisoner-applicant delays — Prospects of success not considered at extension stage — Discretionary grant of extension.
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20 December 2019 |
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Extension of time to appeal struck out for reliance on wrong statutory provision and an incurably defective affidavit.
* Criminal procedure – extension of time to appeal – Section 361(2) CPA – applicability limited to appeals to the High Court (from subordinate courts).
* Procedure – wrong enabling provision – application incompetent if court not properly moved.
* Evidence/affidavit – jurat must state place of swearing per s.8 Notary Public and Commissioner for Oaths Act – omission is incurable.
* Overriding objective – cannot cure defects going to competency of the application.
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20 December 2019 |
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Applicant charged with economic forest offences granted bail with strict s.36 security and supervisory conditions.
Criminal procedure – Bail pending trial – Presumption of innocence – Burden to prove risk of non-appearance – Economic offences – s.36 Economic and Organized Crime Control Act: security equal to at least half value of property/money involved – Conditions of bail for protection of public interest in natural resources.
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20 December 2019 |
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Bail application dismissed as res judicata and court functus officio due to prior DPP‑backed dismissal.
* Criminal procedure – bail – Effect of DPP’s certificate objecting to bail – certificate remains effective until proceedings conclude or withdrawn.
* Res judicata and functus officio – a court will not re‑entertain a bail application already finally determined by another court of concurrent jurisdiction.
* Remedy to challenge prior decision is appeal, not refiling identical application in another court.
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19 December 2019 |
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Applicant charged with unlawful possession of government trophies granted bail subject to EOCCA section 36 conditions.
* Criminal procedure – Bail pending trial – EOCCA ss.29(4), 36(1), (5) and (6) – bailable offence involving government trophies under Wildlife Conservation Act – security equal to half the value of subject matter – cash or title deed, two sureties, passport surrender and travel restrictions.
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19 December 2019 |
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Court partly allowed appeal, ordering 50/50 division of the home and 30% share for respondent in the family shop.
Family law – division of matrimonial property – assessment of contributions (money, property, work) – whether second spouse’s contribution must be considered – adjustment of shares where non-marital contributions established.
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19 December 2019 |
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Memorandum of Appeal struck out for argumentative grounds and fatal mis‑naming; mandatory procedural rules not curable by overriding objective.
Civil procedure – Preliminary objections – Order XXXIX Rule 1(2) CPC – Grounds of appeal must be concise and non‑argumentative; mis‑naming of parties in Memorandum of Appeal is a fatal defect; amendment must be sought before objection; overriding‑objective cannot cure mandatory procedural provisions.
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19 December 2019 |
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Applicant failed to prove good cause for a 12-year delay; extension of time to appeal was refused.
Criminal procedure – Extension of time under s.361(2) CPA – Requirement to show "good cause" – Adequacy of affidavit evidence of prior filing and steps taken – Excessive delay (12 years) disentitles applicant to extension.
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19 December 2019 |
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Delay in obtaining certified proceedings is good cause to extend time to file an appeal; appeal to be filed within 30 days.
Extension of time – whether delay in supply of certified copies of proceedings constitutes good cause; Magistrates' Courts Act s.25(1); Criminal Procedure Act s.361(1)(b) – exclusion of time used to obtain copies; costs not awarded where respondent did not cause delay.
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19 December 2019 |
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Leave to appeal granted on substantial legal issues about third‑party insurance rights and appellate evaluation of evidence.
Appellate procedure – leave to appeal under s.5(1)(c) AJA and Rule 45(a) – test: substantial question of law or matter of general importance; Insurance law – third-party claims under insurance policies and requirement of contractual privity or prior judgment; Evidence – appellate evaluation of evidence and application of sections 58–60 Evidence Act.
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19 December 2019 |
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Conviction quashed for unreliable visual identification and lack of evidence linking the appellants to the arrest.
* Criminal law – Armed robbery – Visual identification – Evidence of identification at locus in quo must be watertight; unexplained delay or failure to inform police undermines reliability.
* Criminal procedure – Arrest and proof – Need to connect arrest to alleged crime via evidence of arresting officers.
* Evidence – Afterthoughts – Material facts first raised at trial and not at earliest opportunity may be treated as afterthoughts undermining credibility.
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19 December 2019 |
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Applicants charged under EOCCA entitled to bail; court imposed cash/title security, sureties, surrender of travel documents, and verification.
Criminal procedure – Bail pending trial under EOCCA s29(4) and s36; presumption of innocence; test for bail is probability of appearance; security calculation where subject matter has monetary value; surrender of travel documents and sureties; verification by trial magistrate.
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19 December 2019 |
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The applicant cannot sue the respondent insurer directly; insurer’s liability arises after judgment against the insured.
Motor insurance – nature of contract (indemnity vs guarantee); third‑party claims against insurer; Motor Vehicle Insurance Act s.10(1) – insurer liability contingent on judgment against insured; procedural requirements to join insurer or obtain judgment first; third party’s lack of direct enforceable right absent statute or judgment.
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19 December 2019 |
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High Court dismissed certiorari challenge to dismissal, finding procedure and jurisdiction of disciplinary and appellate bodies lawful.
Judicial review — Prerogative order of certiorari; grounds: illegality, procedural fairness, unreasonableness, excess/lack of jurisdiction; Public Service Regulations (Reg.47(10),47(11),61(3),62(2)); secondment vs. transfer — employer and disciplinary authority; scope of High Court review (not appellate).
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19 December 2019 |
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Whether disciplinary and appellate public service decisions were void for breach of natural justice, delay, or lack of jurisdiction.
* Judicial review – Certiorari – Review limited to illegality, excess of jurisdiction, denial of natural justice, unreasonableness.
* Public service disciplinary proceedings – clarity of charge, right to be heard, statutory time limits.
* Employment status – secondment versus transfer and disciplinary authority.
* Procedural defects – absence of some records or unsigned minutes not necessarily fatal.
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19 December 2019 |
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Court struck out repeat application for extension of time to file notice of appeal as functus officio.
Criminal procedure – extension of time to file notice of appeal – repetition of earlier application – functus officio/absence of jurisdiction – administrative recourse to prison and trial court for records.
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19 December 2019 |
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Court granted six-month extension to file estate inventory/accounts pending related administration and transfer proceedings.
Probate — Extension of time to file inventory and accounts — Court’s discretion to extend time where related proceedings (appointment of administrators and transfer of decreed shares) affect estate administration — Six months' extension granted.
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19 December 2019 |
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Unproven e‑filing/network failure does not justify extension of time to file a rejoinder; appeal proceeds on existing record.
* Civil procedure – Extension of time – Application requires sufficient and credible reasons supported by evidence – Alleged e‑filing/network failure must be proven.
* Procedural fairness – Rejoinder not indispensable – Absence of rejoinder does not automatically warrant dismissal of appeal.
* Judicial discretion – Court may refuse extension where reasons are speculative or uncorroborated.
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19 December 2019 |
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Unsupported delay reasons do not justify extension; absence of a rejoinder does not bar determination of the appeal.
Civil procedure — Application for extension of time to file rejoinder — Need for credible reasons for delay; speculative network-failure claims insufficient — Rejoinder not essential to determination of appeal.
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19 December 2019 |
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A prisoner was granted extension to file appeal documents after showing delay caused by prison authorities.
* Criminal Procedure Act (s.361(2)) – extension of time to file Notice and Petition of Appeal – Court’s discretion where good cause is shown.
* Criminal Procedure Act (s.363) – prisoner’s appeals to be presented through officer in charge – reliance on prison authorities may explain delay.
* Procedural law – good cause for delay – unchallenged affidavit attributing delay to custodial procedures suffices to grant extension.
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19 December 2019 |
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Alleged illegality and a technical defect (failure to attach decree) justified extension of time to file the appeal.
* Limitation of actions – extension of time under section 14(1) of the Law of Limitation Act – whether illegality in impugned decision amounts to sufficient cause. * Civil procedure – struck out appeal for failure to attach decree – distinction between striking out (curable) and dismissal (final). * Legal negligence – when counsel’s lapse constitutes inaction precluding extension. * Withdrawal and refiling – effect of striking out and ability to refile appeal.
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19 December 2019 |
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Court sanctioned statutory amalgamation, transferring assets and dissolving the petitioner without winding up, subject to registration with Registrar.
* Companies law – Amalgamation – Court sanction of amalgamation under Companies Act sections 229(1) and 231(1)(a)–(f) and (2).
* Corporate procedure – Validity of shareholder and board resolutions as basis for amalgamation.
* Consequences – Transfer of assets, liabilities and undertakings; dissolution without winding up.
* Compliance – Requirement to register amalgamation order with Registrar of Companies.
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19 December 2019 |
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Plaintiffs failed to produce the alleged written loan agreement; no breach proven and suit dismissed.
Contract law — specific performance and currency conversion; Evidence Act — burden of proof (s.110) and requirement for written instruments/secondary evidence (s.101); admissibility of emails to vary written credit facilities; failure to prove contractual breach — dismissal of claim.
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19 December 2019 |
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Plaintiffs failed to prove the alleged loan agreement; specific performance and damages claims dismissed.
Contract law – burden of proof of existence and terms of contract (s.110 Law of Evidence Act); Written contracts and inadmissibility of extrinsic evidence to vary terms (s.101 Law of Evidence Act); Specific performance and damages – failure to prove contractual obligation or causative loss.
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19 December 2019 |
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Affidavit lacking a jurat renders an extension application incompetent and is struck out.
* Criminal procedure — application for extension of time — requirement of supporting affidavit.
* Affidavit law — jurat/attestation — total absence of jurat renders affidavit incurably defective.
* Affidavit law — contents — prayers in affidavit are improper and may be struck out, but do not necessarily nullify the whole affidavit.
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19 December 2019 |
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19 December 2019 |
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Delay caused by late extraction/supply of decree and reasonable document preparation constituted sufficient reason for extension of time.
Law of Limitation – extension of time to appeal – delay due to late supply/extraction of decree – sufficiency of reasons – factors for exercise of discretion (length of delay, reasons, arguability, prejudice).
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19 December 2019 |
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An unexplained sixteen-year delay in pursuing an appeal does not constitute "good cause" for extension of time.
Criminal procedure — Extension of time under s.361(2) Criminal Procedure Act — Applicant must show "good cause" — Duty to account for delay — Prisoner’s transfer/delay in obtaining records insufficient without proactive pursuit.
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19 December 2019 |
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Applicant failed to show sufficient cause or evidence for extension of time; application dismissed with costs.
Extension of timeLaw of Limitation Act s.14(1) discretion to grant extension; requirement to show sufficient cause and account for every day of delay; need for evidence of steps taken to obtain certified copies of judgment.
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19 December 2019 |
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Preliminary objections failing the Mukisa test were dismissed because they raised factual issues requiring evidence, so the suit proceeds on the merits.
Government Proceedings Act s.6(2) — statutory 90‑day notice; Civil Procedure Code Order VI r.15(2) — verification of plaint; preliminary objection — Mukisa test; distinction between pure points of law and factual issues; service evidence (dispatch book).
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19 December 2019 |
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Court stayed litigation pending arbitration, finding respondents prima facie bound as participants/beneficiaries under the Trust Deed.
Arbitration clause in Trust Deed; stay of court proceedings pending arbitration; who is bound—participants/beneficiaries under a trust; timing for stay applications (after appearance, before WSD/other steps); serious allegations (fraud/dissolution) do not automatically oust arbitration.
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19 December 2019 |
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Applicants charged under EOCCA granted bail pending trial subject to cash/property deposit, sureties, passport surrender and movement restrictions.
Criminal procedure – Bail pending trial – EOCCA s.29(4)(b) and s.36(5)(a) – deposit of cash or property equivalent to half value involved – apportionment among multiple accused – sureties, bail bonds, surrender of travel documents, movement restriction.
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19 December 2019 |
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Appellate court dismisses challenge to asset division and custody, finding trial court properly assessed contributions and children's welfare.
* Family law – Divorce – Division of matrimonial assets – Section 114 Law of Marriage Act – assessment of monetary and non‑monetary contributions; improvement of separately‑owned property.
* Family law – Custody – Sections 125–127 Law of Marriage Act – welfare of the child as paramount; parental conduct and neglect as grounds for custody to mother.
* Evidentiary standard – requirement of tangible proof of contribution for equitable distribution.
* Polygamy/customs – cultural differences may affect relevance of certain factors under s.114(2).
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18 December 2019 |
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Applicants granted bail pending trial under EOCCA subject to s36 security, sureties, passport surrender and verification.
Bail – right and presumption of innocence – application under sections 29(4) and 36(1) EOCCA – statutory conditions: cash bond or title deed, promissory bond and sureties – apportionment of security among multiple accused – verification by trial magistrate.
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17 December 2019 |
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Appeal partly allowed — trial judgment lacked reasoned evaluation and contained a substantive mismatch with the decree, matter remitted for fresh judgment.
Civil procedure – Judgment must contain objective evaluation of evidence and findings on balance of probabilities; defective or unreasoned judgments warrant remittal. Decree varying from judgment may be substantive, not clerical, and requires correction by the trial court. Special damages must be pleaded and proved; general damages are discretionary but must be supported by reasoning.
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17 December 2019 |
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Trial judgment lacked objective evaluation and contained a substantive judgment–decree mismatch; matter remitted for fresh reasoned judgment.
Civil procedure – requirement for judgments to contain objective evaluation of evidence and findings on balance of probabilities; variance between judgment and decree – substantive error not correctable as clerical mistake; special damages must be specifically pleaded and strictly proved; discretion in awarding general damages must be judiciously exercised.
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17 December 2019 |
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Applicant granted further extension to file appeal; res judicata objection overruled.
Criminal procedure — Extension of time to file Notice and Petition of Appeal — res judicata and functus officio — "second bite" doctrine — good cause required for extension — re-approach to High Court after appeal struck out.
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17 December 2019 |
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Reference against Taxing Master's taxation dismissed; new EFD receipt issue not entertained and discretion upheld.
* Taxation reference – application to set aside Taxing Master's award – exceptional interference only where taxing officer misdirects or fails to exercise discretion judicially; * Advocates' Remuneration Order GN No.264/2015 – 9th Schedule – applicability to contentious matters; * Electronic Fiscal Device (EFD) receipts – evidentiary and procedural requirement – cannot be raised on reference if not argued at taxation; * VAT in bill of costs – allowable if incurred and evidenced; * Civil procedure – scope and limits of reference against taxation decision.
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17 December 2019 |
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A revision filed more than 60 days after the impugned ruling without leave is time-barred and struck out with costs.
Limitation of actions — Schedule III Item 21 (Law of Limitation Act) — sixty-day rule — civil revision — time-bar; Revisional jurisdiction — requirement of lower court record; Overriding-objective (section 3A) cannot cure statutory limitation; Preliminary objection — striking out for want of jurisdiction/time.
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17 December 2019 |
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Applicant awarded unpaid retainer fees and costs after proving retainer agreement and invoices in respondent’s absence.
* Contract law – Retainer agreement – proof of existence and terms by documentary evidence (exhibit PI). * Proof of debt – invoices and demand notice as evidence of outstanding retainer fees (exhibit P2). * Civil procedure – defendant’s failure to file defence; ex parte hearing justified. * Evidence – burden of proof under section 110(1) of the Evidence Act – uncontradicted evidence entitles claimant to decree. * Remedies – decretal sum and costs awarded.
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17 December 2019 |
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Review application struck out for being filed by chamber summons instead of the required memorandum of review.
Civil Procedure — Review — Form of application — Order XLII Rules 1 and 3 require memorandum of review (mutatis mutandis from appeal); chamber summons and affidavit improper — competence — Preliminary objection — wrong enabling provisions — general Section 95 may be disregarded where specific provisions govern.
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17 December 2019 |
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Improper involvement of assessors and failure to record their opinions vitiated the trial, warranting nullification and retrial de novo.
Land Disputes Courts Act – composition and role of assessors; assessors’ questions permissible only after re-examination and by leave; prohibition on chairman/assessors cross-examining witnesses; duty to record and consider assessors' opinions and give reasons for departure; High Court revisional powers and retrial de novo where material irregularity affects merits.
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17 December 2019 |
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Failure to record assessors' written opinions vitiates the Tribunal's decision and warrants a retrial de novo.
Land Disputes — Assessors — Mandatory requirement to obtain and record assessors' opinions in writing (s.23, Reg.19(2)) — Failure to show assessors' active participation renders Tribunal's decision a nullity — High Court revisional powers (ss.42,43 Land Disputes Courts Act) — Remittal for hearing de novo.
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17 December 2019 |
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An application for leave to file an out-of-time appeal was struck out for being founded on the wrong statutory provision.
Criminal Procedure Act – extension of time to file appeal – section 361(2) vests High Court discretion to admit out-of-time appeals – wrong statutory citation renders application incompetent – application struck out.
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17 December 2019 |
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Court finds disputed plot was sold, fraud not proved; suit dismissed and plaintiff ordered to surrender title deed.
Contract — sale of land — written agreement as primary evidence (Evidence Act s.100) — exception for fraud (s.101) — higher standard to prove fraud — burden of proof and balance of probabilities — adverse inference where key witness not called — obligation to surrender title deed under contract.
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16 December 2019 |
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An appeal lodged against a non‑party in probate proceedings is fatal and will be struck out; refile only with proper party substitution and extension of time.
* Probate and administration — appeal filed against non-party — competence of appeal.
* Parties — caveator appearance transforms probate proceedings into ordinary civil suit (petitioner as plaintiff, caveators as defendants).
* Amendment — substitution of parties after appeal filed is not merely technical and may be fatal.
* Procedural remedy — striking out of incompetent appeal; leave to refile upon extension of time.
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16 December 2019 |
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Appellant failed to prove ownership of cattle and did not call the herder; appeal dismissed for lack of evidence.
* Civil procedure — second appeal — interference with factual findings only where there is misdirection or non-direction on evidence; * Evidence — burden of proof rests on party alleging facts (sections 110 and 111, Law of Evidence Act); * Tort/vicarious liability — owner’s liability for servant’s negligence requires proof of ownership and connection; * Failure to call material witness (herder) may be fatal to proof of ownership and causation.
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16 December 2019 |