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Citation
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Judgment date
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| December 2020 |
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Missing trial-record pages and possible denial of hearing nullify lower courts' judgments; retrial ordered de novo.
Evidence/record-keeping – missing trial proceedings; right to be heard – possible denial; procedural irregularity – nullification of lower courts' judgments and order for trial de novo; matrimonial property and maintenance issues noted but not decided.
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31 December 2020 |
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Death of the applicant’s advocate constituted sufficient cause to extend time to restore a dismissed appeal.
Extension of time; restoration of dismissed appeal; Law of Limitation Act s.14(1); sufficient cause; death/illness of advocate; delay and accounting for delay; procedural requirement to join extension and restoration; family matter—no costs.
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31 December 2020 |
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Plaintiff failed to prove share transfers; defendant lawfully held the title deed for safekeeping.
Property — Certificate of title — Custody and safekeeping of title deeds; Company law — Alleged share transfers — proof and authenticity of transfer documents; Evidence — Weight of signature comparison vs. handwriting expert; Civil standard of proof — balance of probabilities; Reliefs — entitlement to repossession and costs.
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31 December 2020 |
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Application to revoke letters of administration dismissed; administrator ordered to file a true inventory within 90 days.
* Probate and Administration — revocation of letters of administration — requirements under section 49 — adequacy of reasons for removal.
* Administrator‑General — statutory scheme under section 5(1) — who may apply for appointment.
* Estate administration — duty to collect assets and file proper inventory within prescribed time or seek extension.
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31 December 2020 |
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Duplicitous charges joining distinct offences (import, distribute, sell) are incurable and justify upholding acquittals.
* Criminal law – Charges – Duplicity – Importing, distributing and selling are distinct offences; joining them in one count is duplicitous and fatally defective. * Procedural law – A duplicitous charge is incurable and vitiates prosecution on that count. * Seeds Act offences – correctness of charge drafting and effect of duplicity on conviction.
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31 December 2020 |
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30 December 2020 |
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30 December 2020 |
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An incurably defective charge sheet renders proceedings incompetent and should be struck out, not dismissed, permitting possible re‑institution.
* Criminal procedure – defective charge sheet – proceedings declared a nullity – appeal incompetent; * Civil/criminal procedure – distinction between striking out and dismissal of an appeal; * Revisionary jurisdiction – section 29 Magistrates' Courts' Act – power to set aside and substitute orders; * Effect of striking out – does not bar re-institution of appropriate proceedings.
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29 December 2020 |
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Sentence for unlawful possession was illegal and excessive; appellant ordered released due to incorrect sentencing and time served.
Wildlife offence — Unlawful possession of government trophy; Defective charge — wrong statutory citation; Illegal/excessive sentence — statutory penalty three times value or 10–20 years; Admissibility/certainty of seizure notes and cautioned statements; Destruction of perishable exhibits — accused’s involvement and inventory required.
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29 December 2020 |
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Court upheld representative co-administrators for a multi-family estate and nullified an unlawful premises-closure order.
* Probate law – appointment and revocation of administrators – powers of Primary Court and grounds for revocation.
* Procedural requirements in probate – notice/advertisement and participation of beneficiaries.
* Representation of beneficiaries – appointment of co-administrators where heirs are numerous and from multiple mothers.
* Legality of court orders closing estate premises and proper execution of such orders.
* Administrator General as alternative neutral administrator when representative administration fails.
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29 December 2020 |
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Appellant failed to prove ownership and elements of malicious damage; acquittal therefore upheld and appeal dismissed.
Criminal law – Malicious damage to property (s.326(1)) – Elements to prove: existence of property, ownership, wilful and unlawful damage – Disputed land ownership and foundations as part of land – Ownership disputes to be determined in civil proceedings – Acquittal upheld where ownership not proved.
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29 December 2020 |
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Plaintiff lawfully owned the disputed land; defendants unlawfully demolished his workshop and were ordered to pay damages and costs.
Land law – ownership dispute – relevance of sale agreements and parcel dimensions; Execution and demolition – requirement of court order for lawful execution; Civil damages – recovery of proved specific and general damages for unlawful demolition; Liability – principal who identifies property and court broker who executes without warrant can be jointly liable.
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28 December 2020 |
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High Court granted bail in leading organized crime charge, finding jurisdiction and imposing stringent security and surety conditions.
Economic and Organized Crimes Act – Bail – Jurisdiction of High Court where charge does not specify value; Presumption of innocence; Patel v. Republic factors (availability, risk of further offending, interference with investigation, gravity of offence); Bail conditions – cash or immovable property security; surety requirements; verification by court registrar.
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28 December 2020 |
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Applicants charged with organized economic crime were granted bail pending trial, subject to strict monetary and surety conditions.
* Criminal procedure — Bail — Economic and organized crime — Jurisdictional issue where charge sheet omits value — High Court discretion to grant bail where prosecution does not oppose. * Bail conditions — cash deposit or immovable property, reliable surety, bail bond, identification and verification by court officers. * Constitutional and statutory foundations invoked: Article 108(2) Constitution; Economic and Organized Crime Control Act; Criminal Procedure Act.
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28 December 2020 |
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Probate court exclusive jurisdiction; wrong civil registration and defective summons denied respondent a hearing; matter remitted.
* Probate jurisdiction – ownership of estate property – probate and administration courts exclusively seized of estate ownership disputes per Mgeni Seifu.* Res judicata – prior High Court decision that a wrong party was sued did not constitute final determination of ownership between parties.* Procedural irregularity – wrongful registration of separate civil file and issuance of incorrect summons vitiated the probate hearing and denied right to be heard.* Remedy – nullification of impugned proceedings and remittal for expeditious determination.
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28 December 2020 |
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Personal guarantee permitted bank to set off matured FDR without further notice; trial court’s ruling reversed.
Guarantee and indemnity – enforcement against guarantor’s personal property – right to set off matured FDR – contractual clause permitting recovery without further notice – requirement (or not) of prior consent/notice before set-off.
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28 December 2020 |
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Applicant's dismissal quashed for breach of natural justice and procedural irregularities; mandamus issued, prohibition refused.
* Administrative law – Judicial review – Certiorari and mandamus for unlawful disciplinary decisions; incompetence of appellate authority. * Procedural fairness – Natural justice in disciplinary proceedings; right to be supplied with documents and to confront witnesses (Police Service Regulations C.6(6)). * Police discipline – Limits on Commission’s powers and proper role of Permanent Secretary under Police Force and Prisons Service Commission Act. * Limitation – Time runs from receipt of final communication denying competent appeal.
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28 December 2020 |
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Leave to appeal refused where affidavit failed to show arguable grounds or disturbing features from alleged tampering of the record.
* Appellate procedure – leave to appeal under s.5(1)(c) AJA and Rule 45 CAR – discretionary and granted only for arguable appeals or disturbing features deserving Court of Appeal guidance. * Evidence and pleadings – supporting affidavit must disclose grounds for leave; oral submissions introducing new complaints amount to afterthoughts. * Allegation of tampered trial record – insufficiently pleaded allegations do not justify leave.
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28 December 2020 |
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Mortgagor's uncontradicted sworn affidavit of being unmarried negates need for spousal consent; tribunal erred, appeal allowed.
Land law – Mortgage and spousal consent – Section 114 Land Act and Mortgage Financing provisions – Mortgagor’s duty to disclose marital status – Affidavit evidence and mortgagee’s duty to verify – Matrimonial home characterization – District Land and Housing Tribunal jurisdiction.
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28 December 2020 |
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Plaintiff entitled to judgment on a restructured loan; prior district court dismissal barred re‑litigation of insurance claim.
* Banking and security law – loan facility and restructuring – acknowledgement of restructuring and liability where repayments defaulted. * Res judicata – prior dismissal of related claims in District Court bars re‑litigation of insurance/failure‑to‑insure issue. * Proof of indebtedness – reliance on pleaded figure and auction proceeds; unpleaded oral payments disregarded. * Remedies – specific performance for payment, pre‑ and post‑judgment interest, costs.
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28 December 2020 |
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Respondents breached a restructured loan; indebtedness fixed after deducting auction proceeds; res judicata barred insurance defence.
* Banking and Security – Loan facilities and restructuring – admission of indebtedness and breach of facility agreement.
* Res judicata – effect of earlier dismissal on related insurance-defence – matters finally determined not reopenable in subsequent proceedings.
* Evidence – weight of bank statements and unpleaded oral assertions – need for pleaded particulars and documentary proof.
* Remedies – specific performance for repayment, award of contractual/post-judgment interest and costs.
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28 December 2020 |
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Extension of time to appeal refused for failure to show sufficient cause; delay in supply of copies not excusing where matter originated in Primary Court.
* Civil procedure — extension of time to file appeal — requirement to show sufficient cause; * Magistrates' Courts Act s.25(3) — no requirement to annex decision where matter originates from Primary Court; * Delay in supply of certified copies by District Court — not automatically sufficient ground for extension when origin is Primary Court; * Personal misfortune (death of spouse) — not excusing delay if it precedes the judgment complained of.
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28 December 2020 |
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Court permits supervised compulsory sale of untraceable shareholders' paid-up shares subject to strict safeguards.
* Company law – Untraceable shareholders – Court-ordered compulsory sale of paid-up shares – Availability and conditions of sale.
* Registrar compliance – BRELA online registration requirements and impact on companies with untraceable members.
* Trust and Administrator General – limits on entering Administrator General as member/trustee of private company.
* Winding up – alternative remedy where company cannot continue as going concern.
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24 December 2020 |
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Court permits compulsory sale of untraceable shareholders' paid-up shares under strict safeguards and supervision.
* Company law – Untraceable shareholders – Court-authorised compulsory sale of paid-up shares under strict safeguards.
* Company law – Registrar/BRELA compliance – difficulties updating electronic register when shareholders are untraceable.
* Trusts/Administrator General – Administrator General unsuitable as a registered member of a private company but may hold sale proceeds as trustee for 12 years.
* Remedies – Compulsory sale as alternative to winding up; winding up only where appropriate statutory grounds or members desire cessation.
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24 December 2020 |
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24 December 2020 |
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Failure to record a child witness's mandatory promise to tell the truth vitiates the evidence and quashes the conviction.
Evidence — Child witness (tender years) — 2016 amendment to section 127 requires child to promise to tell the truth and for that promise to be recorded; non-compliance vitiates evidence and may require expungement. Criminal procedure — retrial — retrial discretionary; ordered only when interests of justice require it. Criminal law — burden of proof — conviction must rest on strength of prosecution evidence.
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23 December 2020 |
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Administrators may be registered as members by court order, but the court refused to permit them to amend the register or notify the Registrar in these circumstances.
Companies law – Transmission of shares on death – administrators as legal representatives; Company register rectification – court’s power to order registration but limits where directors/co‑shareholders are untraceable; Remedies for untraceable shareholders – winding up as alternative.
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23 December 2020 |
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Printed documents are not automatically computer-generated; unpleaded or unstamped documents may be excluded; costs follow events.
Evidence — Electronic Transactions Act 2015 — "Data message" and computer-generated documents — Mere typing/printing does not make a document computer-generated; must arise from electronic transaction or automated process; requirements for certificates not applicable where document is not shown to be computer-generated. Evidence Act — Secondary evidence — Photocopies admitted where opponent admitted them in pleadings (s.67(1)(b)); unpleaded/unstamped documents may be excluded.
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23 December 2020 |
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Applicant granted 45 days to appeal after court found delay was technical and sufficiently explained.
* Land law – Extension of time to file appeal under section 41(2) Land Disputes Courts Act – requirement to show "good/sufficient cause" – discretion of the court. * Accounting for delay – technical delay due to court procedures and previous struck-out appeal not attributable to applicant’s negligence. * Prejudice – absence of demonstrated prejudice to respondents relevant to exercise of discretion.
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23 December 2020 |
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Transfer of matrimonial land without spouse consent is void; property declared matrimonial and subject to probate.
* Family law – Matrimonial property – Property acquired during marriage is matrimonial property even if registered in one spouse's name.
* Law of Marriage Act s.59(1) – Spouse consent required to alienate matrimonial home; transfer without consent is void.
* Land law – Transfer to company without spouse consent cannot defeat spouses' proprietary rights; declaration of nullity and property subject to probate.
* Procedural – Non-land claims (bank accounts, vehicle) dismissed as outside the scope of a land case.
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23 December 2020 |
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A district court lacked jurisdiction to hear a revision filed beyond the statutory twelve‑month limit; its proceedings were quashed.
* Civil procedure – Jurisdiction – Revisional jurisdiction of District Court over matters from Primary Court – limited by section 22(4) Magistrates' Courts Act (12‑month limit).
* Time bar – Revision determined after statutory period – renders District Court without jurisdiction.
* Consequence – Proceedings, drawn order and ruling of a court lacking jurisdiction are quashed and set aside.
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23 December 2020 |
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Claimant failed to prove increased market value of an exhibit; custody of the exhibit remained with the trial court, not the respondent.
* Civil procedure – burden of proof – claimant must prove facts establishing claim on balance of probabilities; mere assertion of value insufficient.
* Evidence – valuation of property – necessity of supporting evidence for claimed market value.
* Custody of exhibits – where an item is tendered and marked in criminal proceedings it remains in court custody; possession claims must be pursued against the trial court, not a party.
* Applicable rule – Magistrate's Court (Rules of Evidence in Primary Courts) GN. No. 66 of 1972, Rule 1(2).
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23 December 2020 |
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Denial of cross-examination after a change of magistrate violated the appellant’s right to be heard; retrial ordered.
Criminal procedure – right to be heard – failure to restart hearing after magistrate's disqualification; denial of opportunity to cross-examine witness; Evidence Act amendment permitting testimony by teleconference/video conference; retrial ordered where proceedings are irregular and unfair.
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23 December 2020 |
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Sickness of the applicant’s legal officer constituted sufficient cause to grant extension of time to file an appeal.
Extension of time – sufficient cause – sickness of legal officer – documentary medical evidence – accounting for delay and diligence – technical delay following struck application.
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22 December 2020 |
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Applicant failed to show good cause for extension of time; delay unexplained and ignorance of law insufficient.
Extension of time – discretionary exercise requiring good cause; applicant must account for each day of delay; ignorance of law/unrepresented not good cause; no mandatory requirement to attach Primary Court proceedings for appeal to High Court; illegality may justify extension only if apparent on the face of the record.
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22 December 2020 |
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Revocation application dismissed after forensic report showed alleged will was forged and the applicant failed to challenge it.
* Probate and administration – revocation of letters of administration – application to revoke where will allegedly exists.
* Evidence – alleged forgery of will – admissibility and probative value of forensic report annexed to counter‑affidavit.
* Civil procedure – counter‑affidavit and reply – failure to reply may amount to implied admission where serious allegations are raised.
* Standard of proof – allegations of criminality in civil proceedings require a higher degree of probability.
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22 December 2020 |
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Conviction quashed for insufficient proof and procedural irregularities; improperly admitted exhibits expunged, no retrial ordered.
Criminal law – Theft – Identification and proof of ownership – Complainant must testify or admissible evidence must establish ownership; Improperly admitted documents not read out must be expunged; Extraneous matter by trial court vitiates proceedings; Retrial not ordered where prosecution evidence is patently weak and ordering retrial would prejudice the accused.
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22 December 2020 |
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An appeal dismissed for want of prosecution must be restored in the same court or refiled, not immediately appealed to the High Court.
Civil procedure – dismissal for non-appearance/want of prosecution; failure to file court-ordered written submissions; Order IX CPC – restoration of dismissed proceedings; applicability of CPC to appeals from Primary Court; procedural remedy vs. substantive appeal.
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22 December 2020 |
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Trial tribunal’s boundary and credibility findings upheld; adverse possession claim failed and appeal dismissed with costs.
Land law – boundary dispute between adjacent parcels – adverse possession and inheritance claims – assessment of witness demeanour and credibility – tribunal’s locus in quo inspection – assessors’ opinions advisory, presiding officer may differ – appellate interference with factual findings limited.
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22 December 2020 |
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An earlier grant of letters of administration takes precedence; a subsequent probate for the same estate cannot lawfully co-exist.
* Probate and letters of administration – coexistence – an earlier grant prevails; two grants over same estate cannot co-exist. * Probate and Administration Act, s.49 – revocation as remedy where conflicting grants exist. * Abuse of process – obtaining subsequent probate without setting aside prior grant. * Relevance of authenticity of will secondary to the legal effect of concurrent grants.
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22 December 2020 |
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Division of matrimonial assets remitted for proper exercise of section 114 after lower courts erred and relied on evidence not in record.
Matrimonial property division — court's duty under section 114 Law of Marriage Act — necessity to determine acquisition and parties' contributions — inadmissible/extraneous evidence on appeal; clan land claim.
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22 December 2020 |
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Letters of administration granted after publication and family appointment; administrator ordered to file inventory and accounts.
* Probate & administration – Grant of letters of administration – publication of citation and absence of caveat – family/clan appointment – duties of administrator: exhibit inventory within six months and file final accounts after twelve months.
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22 December 2020 |
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Revision dismissed where applicant admitted joint acquisition of the matrimonial plots and produced no contrary evidence.
* Family law – Divorce – Division of matrimonial property – Whether property is matrimonial where a party admits joint acquisition.
* Civil procedure – Revision under section 79(1) Civil Procedure Code – scope and limits where no error on the face of the record and evidence contradicts applicant's claim.
* Property law – Ownership disputes over house versus plots – jurisdictional proper forum for land ownership disputes.
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22 December 2020 |
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High Court lacks jurisdiction to stay execution once a notice of appeal is filed in the Court of Appeal.
* Labour law — Stay of execution — Jurisdiction where notice of appeal pending before Court of Appeal — High Court ceases to have jurisdiction once notice of appeal lodged. * Interpretation of s.91(3) EALRA — stay pending Labour Court decision only. * Procedural competence — Rule 11(2),(3) Court of Appeal Rules vests stay-power in Court of Appeal.
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22 December 2020 |
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Applicant's revision dismissed: contract was fixed-term and expired; supplementary documents cannot impeach certified CMA record.
Labour law – fixed-term employment – contract construction and expiry; Evidence – presumption of genuineness of court records (s.89 Evidence Act) – supplementary affidavits cannot lightly impeach certified proceedings; Procedure – scope of revision of CMA award.
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22 December 2020 |
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Temporary injunction granted pending land suit after applicant showed prima facie case, irreparable harm, and balance of convenience.
* Civil procedure – Temporary injunction – Requirements: prima facie case/serious issue, irreparable injury, balance of convenience (Atilio test).
* Land law – Possessory orders and subsequent developments – effect of earlier possessory judgment on interlocutory relief.
* Interim relief – protection of occupiers and maintaining peace pending determination of land disputes.
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22 December 2020 |
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22 December 2020 |
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Whether disputed properties were matrimonial assets and whether the division percentages reflected each party’s contributions.
Law of Marriage Act s114(1) – matrimonial assets – definition and requirements; division of matrimonial property – proof of joint acquisition and contribution; failure to cross‑examine and absence of evidence undermining attack on asset status; appellate restraint on concurrent findings.
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22 December 2020 |
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Registration and transmission by operation of law established the plaintiff's title; purchaser from one without title cannot prevail.
Land law – ownership of registered plot – transmission by operation of law and registration as conclusive; nemo dat quod non habet – purchaser from person without title cannot pass good title; remedy – declaration, vacant possession and demolition; costs apportioned in equity.
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22 December 2020 |
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Second appeal dismissed: marriage found irreparably broken; custody decided by children’s best interests; asset division upheld.
Family law — Divorce — Whether marriage broken beyond repair (s.107 Law of Marriage Act) — Cruelty as ground for divorce; Custody — Best interests of the child (s.125) — schooling children to remain with primary caregiver; Matrimonial property — Division based on evidence of acquisition and joint development; Second appeal — Limited to questions of law; concurrent factual findings not disturbed absent misdirection or misapprehension.
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21 December 2020 |