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Citation
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Judgment date
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| December 2020 |
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Application for revision struck out because the supporting affidavit was incurably defective with inconsistent deponent identity and signatures.
Labour revision — procedural requirements — supporting affidavit must be properly verified and attested; material inconsistencies in deponent identity or signatures render affidavit incurably defective and justify striking out application; preliminary objection on affidavit validity can be a pure point of law.
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17 December 2020 |
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A trial court's omission to decide and give reasons on a charged count renders the judgment a nullity and requires remittal for a proper judgment.
Criminal procedure – judgment requirements – court must state points for determination, decision and reasons – s.312(1) Criminal Procedure Code. Criminal procedure – defective judgment – failure to address a count renders judgment a nullity. Criminal procedure – correction of judgment – defect not cured under s.388(1) CPA; remittal for fresh judgment. Evidence – evaluation of prosecution case where multiple counts are charged.
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17 December 2020 |
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Appellate court quashed conviction after expunging improperly admitted exhibits, finding prosecution evidence insufficient.
Evidence — Improper admission of documents: failure to read exhibits out after admission is fatal; expungement follows. Criminal procedure — Sketch map and caution statement must be properly introduced and read; omission undermines prosecution case. Sufficiency of evidence — Expunged exhibits left prosecution case skeletal; suspicion alone cannot sustain conviction. Witness credibility — Material inconsistencies between prosecution witnesses affecting arrest and reporting sequence. Appellate review — First appellate court re-evaluates evidence; where serious charges carry mandatory sentences, closer scrutiny required.
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17 December 2020 |
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Whether houses acquired and improved during marriage are matrimonial assets, and whether an inherited farm is excluded.
Family law – division of matrimonial property – application of section 114(1) and (2) Law of Marriage Act – joint efforts and contributions. Distinction between inherited property and matrimonial assets; compensation claims for work on inherited land. Appellate review – interference only where lower court findings unsupported by evidence. Admissibility/pleading of items (trees, bicycle, sinks) in matrimonial asset division.
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17 December 2020 |
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Extension granted for late appeal where prior technical delay excused and alleged illegality not apparent on record.
Civil procedure — Extension of time — Applicant must show sufficient cause; discretion exercised judiciously. Illegality — Must be apparent on face of record to justify extension. Technical delay — Period during which an appeal is pending but later struck out may be excusable. Promptness and prejudice — Delay, diligence and lack of prejudice weighed in granting extension.
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17 December 2020 |
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Whether adverse possession and limitation bar the applicant’s familial claim to the disputed land.
Land law — Adverse possession — Whether continuous occupation by descendants of a prior occupant confers title against relatives asserting ancestral ownership; limitation law (Limitation Act Cap 89) and evidentiary assessment.
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17 December 2020 |
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Applicant granted extension to appeal after satisfactorily accounting for delay caused by prison transfer and lost notice.
Criminal Procedure Act s.361(2) – extension of time to appeal – "good cause" – flexible, fact-specific inquiry. Prisoner transfer and lost/non-return of notice of appeal may constitute good cause for delay. Once delay is satisfactorily accounted for, extension of time to appeal should ordinarily be granted.
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17 December 2020 |
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Omission to read admitted documents is fatal, but remaining victim, medical and admission evidence sustained rape conviction.
Criminal law – Rape – Admission of documentary evidence – Admitted documents must be read aloud in court; failure is fatal. Rape – Best evidence is the victim’s testimony – corroboration by early complaint and medical evidence. Criminal procedure – First appeal as rehearing – appellate re-evaluation of evidence. Statutory construction – Incest under section 158(1) limited to specified close relations, not cousins.
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17 December 2020 |
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Failure to state the value of the subject matter in the Plaint deprived the High Court of pecuniary jurisdiction; Plaint struck out.
Civil procedure – Jurisdiction – Pecuniary jurisdiction determined by substantive claim – Requirement to state value of subject matter in Plaint (Order VII r 1(i) CPC). Remedy for non‑compliance – striking out Plaint. Limitation and locus standi raised as preliminary objections but not decided.
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17 December 2020 |
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Adverse possession cannot be used offensively; respondent’s evidence was weightier and the appeal was dismissed with costs.
Land law – ownership disputes – proof of title – burden of proof and evidential weight. Adverse possession – doctrine is a shield not a sword; plaintiff cannot rely on it to obtain declaration of title. Appeal – appellate tribunal’s duty to consider trial record and give reasons; judgment defective in form does not automatically vitiate substantive decision. Civil procedure – parties cannot tie; heavier evidence determines outcome.
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17 December 2020 |
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Failure to prove victim's age and unlawful magistrate takeover rendered the convictions unsafe.
Criminal law – Statutory rape – necessity to prove victim's age; citation in charge or magistrate’s remark is not proof. Criminal procedure – Reassignment/takeover of partly heard trial – section 214(1) Criminal Procedure Act – failure to record reasons or allow recall of witnesses renders trial a nullity. Evidence – impregnating a pupil – need to link pregnancy to accused; expungement of exhibits not read in court affects prosecution case.
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17 December 2020 |
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17 December 2020 |
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Procedural defects and failure to read an admitted search warrant rendered the conviction unsafe and were quashed.
Criminal procedure – plea-taking and entry of plea – requirement to properly enter pleas (s.228/288 CPA); Criminal procedure – rights before calling defence (s.231 CPA) – failure to explain rights is a serious irregularity; Evidence – circumstantial evidence – conviction requires all incriminating facts incompatible with innocence; Evidence – admission of exhibits – duty to read admitted exhibits in court; Fair trial – failure to read exhibit fatal, warrants expungement and quashing of conviction.
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17 December 2020 |
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Conviction quashed because a defective charge sheet failed to disclose essential elements, rendering the trial unfair.
Criminal law – charge sheet particulars – defective charge – mis-citation of Penal Code provisions – failure to disclose essential elements – unfair trial – incurable defect under s.338 Criminal Procedure Act – conviction quashed.
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17 December 2020 |
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Ambiguous entry that "right of appeal is explained" justified extending time to file notice and petition of appeal.
Criminal procedure – extension of time – Section 361(2) CPA – "good cause" – discretionary but to be exercised judiciously; once delay satisfactorily accounted for extension ordinarily granted. Subordinate courts – Section 359(1) CPA – duty to inform accused of time limits for notice and petition of appeal; mere entry "Right of appeal is explained" may be ambiguous and resolved in favour of accused. Evidence – submissions from the bar are not evidence and will be accorded no weight.
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17 December 2020 |
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17 December 2020 |
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Ward Tribunal judgment based on untested family‑meeting minutes breached right to be heard and was quashed and remitted.
Civil procedure – Ward Tribunal proceedings – reliance on family‑meeting/mediation minutes not adduced in evidence – right to cross‑examination and natural justice. Tribunal competency – mere naming (Baraza la Ardhi Kata) does not invalidate proceedings absent prejudice. Revision jurisdiction – illegality consisting of denial of hearing is revisable under section 36(1) of Cap 216. Remedy – nullity and remittal for fresh judgment where proceedings vitiated.
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17 December 2020 |
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Omission to read admitted exhibits in court is a fatal irregularity warranting quashing of conviction.
Criminal law – failure to produce documents – sufficiency of prosecution evidence. Evidence – documentary exhibits – requirement to read admitted exhibits in open court. Procedural fairness – omission to read exhibits as a fatal irregularity affecting conviction. Irregular admission of caution statements and witness contradictions considered but appeal decided on exhibit irregularity.
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17 December 2020 |
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Charge sheet defective for not specifying statutory subsection; conviction quashed as proceedings declared a nullity.
Criminal law – Charge sheet requirements – failure to specify subsection of charged statute – contravention of s135(a)(ii) Criminal Procedure Act – incurable defect under s388 CPA – nullity of trial proceedings; Evidence – admissibility and reading of exhibits (caution statement, PF3) – procedural compliance required.
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17 December 2020 |
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Ignorance of law and unexplained delay do not justify extension to set aside a dismissal order.
Civil procedure – extension of time – sufficient cause – applicant must account for each day of delay; ignorance of law or being a lay person is not sufficient cause; alleged illegality must be apparent on the face of the record to justify extension; applications filed to frustrate execution may be dismissed as not in good faith.
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17 December 2020 |
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17 December 2020 |
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Non‑compliance with BRADEA Section 6 petition requirements warrants striking out a constitutional petition; extraneous affidavit paragraphs expunged.
Constitutional procedure – BRADEA Section 6 – mandatory petition contents; Civil Procedure – Order XIX Rule 3 – affidavit must be factual not legal argument; Preliminary objections – competence and expungement of extraneous affidavit paragraphs; Frivolous/vexatious objections – premature at preliminary stage.
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17 December 2020 |
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Petition struck out for failure to comply with mandatory Section 6 BRADEA requirements; improper affidavit paragraphs expunged.
Constitutional procedure – BRADEA s.6 mandatory petition contents – non‑compliance attracts striking out; Affidavit practice – Order XIX r.3 prohibits legal argument and extraneous matter in affidavits; Frivolous/vexatious objection – premature at preliminaries unless pure point of law.
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17 December 2020 |
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An appellant who pleaded guilty cannot appeal his conviction under section 360(1) CPA; only sentence legality may be challenged.
Criminal law – guilty plea – appeals – Section 360(1) CPA bars appeals against conviction after a guilty plea, leaving only legality/extent of sentence open to challenge. Plea validity – ambiguity, explanation of ingredients, and unread exhibits cannot sustain an appeal against conviction where plea was entered. Procedure – appellant who pleads guilty is generally precluded from challenging conviction on appeal.
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17 December 2020 |
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Uncertain description of the suit land rendered lower tribunals' judgments non-executable; proceedings quashed and set aside.
Land law — requirement for clear, certain description of suit property — judgments without identifiable size/boundaries non-executable. Civil procedure — non-joinder of purportedly necessary party (village council) — where land description defect is fundamental court may nullify proceedings. Jurisdiction — pecuniary jurisdiction dependent on reliable valuation; conflicting valuations should be resolved by calling valuers or at locus in quo. Revisional powers — High Court may quash orders of subordinate land tribunals where proceedings are fatally defective.
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17 December 2020 |
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A defective charge and an equivocal plea vitiated the conviction; appeal allowed, conviction quashed and sentence set aside.
Criminal procedure – defective particulars of offence – necessity to disclose essential particulars to enable defence; Criminal procedure – equivocal plea – magistrate must determine plea's nature or record not guilty and hear prosecution; Criminal procedure – requirement to convict properly before sentencing – failure renders judgment invalid; Evidence – alleged exhibits not admitted and cautioned statement procedural irregularities may vitiate plea.
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17 December 2020 |
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Extension of time to appeal granted where transfer and loss of legal assistance constituted good cause despite trial court having explained appeal rights.
Criminal procedure – Extension of time to appeal under section 361(2) CPA – "Good cause" discretionary and fact-sensitive – Alleged failure to explain appeal under section 359(1) – Prisoner transfer and death of relative assisting to engage counsel can constitute good cause.
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17 December 2020 |
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Extension of time granted where inmate showed good cause (inadequate procedural explanation and death of assisting relative).
Criminal procedure – extension of time under section 361(2) CPA – "good cause" requirement – duty to consider reasons for delay and surrounding circumstances; right to legal representation; effect of trial magistrate’s failure to explain appeal procedure and reliance on relatives to engage counsel.
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17 December 2020 |
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Extension of time to appeal granted due to good cause (death of assistant and transfer) despite appeal rights being explained.
Criminal procedure – extension of time to file appeal under section 361(2) CPA – "good cause" standard – section 359(1) duty of subordinate court to explain right and time to appeal – factors: death of relative assisting with representation and prison transfers may constitute good cause.
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17 December 2020 |
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Failure to be notified of the judgment date can constitute sufficient cause to grant extension of time to file a revision.
Civil procedure – Extension of time – Whether sufficient cause shown to extend time to file revision – Non-notification of judgment date as sufficient cause. Execution of Tribunal decisions – Ex parte determination – Right to seek revision where party was not notified of judgment delivery. Precedent – Reliance on Bharya Engineering & Contractors Co. Ltd v Hamoud Ahmed Nassor regarding non-notification ground for extension.
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17 December 2020 |
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Court overruled technical preliminary objections, holding citation and form defects curable under the overriding objective.
Civil procedure — Preliminary objections — Incorrect or non-citation of statutory provisions — Whether omission of subsections is fatal. Probate practice — Compliance with Probate Rules — Requirement to use Form 1 and Rule 5. Interpretation of laws — Section 20 Interpretation of Laws Act — citation of statutes. Overriding objective — Written Laws (Misc. Amendments) (No.3) Act, 2018 — curing procedural defects to achieve substantive justice. Lay litigant — courts to construe filings liberally where no prejudice results.
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17 December 2020 |
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Applicant lacked authority and time to seek revision; revision improperly used instead of an appeal.
Land — Revision jurisdiction under s.43(1)(b) Cap. 216 — Locus standi of former administrator — Validity and expiry of power of attorney — Time bar for revision and requirement to show extension — Revision vs appeal; need for exceptional circumstances — Requirement to plead and prove error material to merits.
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17 December 2020 |
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17 December 2020 |
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Non‑compliance with mandatory Rule 24 notice and affidavit requirements warranted striking out of condonation application.
Labour Court Rules, 2007 — Rule 24(1)–(3), Form No.4 — mandatory contents of notice of application and supporting affidavit — meaning of "shall" — preliminary objections on point of law — non‑compliance renders application incompetent and liable to be struck out.
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17 December 2020 |
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Leave to appeal refused where lengthy unexplained delay and proposed grounds did not raise points of law or public importance.
Appeals — Leave to appeal — Time for filing after extension of time — Whether grounds raise point of law or public importance — Admission of additional evidence — Bias allegations — Inspection of locus in quo — Exercise of judicial discretion.
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16 December 2020 |
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Extension of time refused where applicant's affidavit was tainted with untruths and ignorance of the law was insufficient cause.
Limitation law — extension of time — sufficient cause; affidavit tainted with untruth — incompetent; ignorance of law is no excuse; arguable grounds must be pleaded in affidavit; application struck out without costs.
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16 December 2020 |
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Where a Ward Tribunal’s summons was lawfully left with an adult household member, extension of time was rightly refused; ex parte judgments must first be set aside.
Procedure — Ward Tribunals Act lacuna on service — permissible to take inspiration from Primary Court rules/Order V r.19 CPC; substituted service on adult family member valid where defendant absent. Civil procedure — extension of time — applicant must account for each day of delay when illegality not pleaded. Appellate procedure — ex parte Ward Tribunal judgment must first be set aside before appealing on the merits.
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16 December 2020 |
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Failure to tender a sale agreement and prove village approval defeats appellant’s land claim; respondent’s 1976 agreement prevails.
Land law – proof of ownership – sale agreement as primary evidence; Village Land Act s.31 – requirement of village council approval for disposition; appellate review – entitlement to reassess evidence where lower tribunal misdirected or failed to analyse; evidentiary consequence of failing to tender contract or call the seller; locus in quo – findings must be supported by proceedings.
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16 December 2020 |
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Court granted extension of time to file an appeal after uncontroverted explanation that a Notice of Appeal was misplaced.
Extension of time to appeal; Criminal Procedure Act s.379(2); Appellate Jurisdiction Act s.11(1); misplaced Notice of Appeal as cause of delay; ex parte application where respondent defaults.
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16 December 2020 |
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Court revised CMA award to include unpaid months because condonation by the Commission barred exclusion of those claims.
Labour law – constructive termination – condonation for late filing – concurrent decisions within the Commission – time-bar under Rule 10 GN No. 64/2007; entitlement to unpaid salaries; scope of consequential awards under fixed-term contract.
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16 December 2020 |
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Appeal against grant of letters of administration dismissed: absent co-appellant waived hearing; magistrate name discrepancy was clerical.
Probate – Revocation of letters of administration – Competency of trial proceedings – Appellate obligation to address illegality before merits. Procedural fairness – Right to be heard – Absence of co-appellant and waiver of right where prosecution case closed by present co-appellant. Judicial conduct – Alleged change of magistrate – Typographical error versus substantive change – signatures/handwritten record as evidence.
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16 December 2020 |
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Oral supply agreement enforceable; defendant’s non‑payment justified ex parte judgment for debt, interest and damages.
Contract law – enforceability of oral sales agreements; conduct and written correspondence as proof Sale of Goods Act s.5(1) – contracts may be oral or implied Evidence – civil standard (preponderance of probabilities); documentary proof (invoices, ledgers, demand notices) Remedies – debt recovery, commercial interest, post-judgment court interest, general damages Civil procedure – failure to file defence; ex parte proceedings under Order VIII, Rule 14(1)
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16 December 2020 |
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Property bought in a child’s name is not matrimonial; acquisition during separation needs proof of contribution to qualify for division.
Family law – division of matrimonial property – property registered in a child’s name not matrimonial; Family law – joint-effort doctrine – property acquired during separation requires proof of contribution (monetary or domestic/wifely); Civil procedure – appellate review – concurrent findings of fact not disturbed absent misdirection; Matrimonial disputes – costs discretionary and should be reasoned.
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16 December 2020 |
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Agreement signed while in police custody was induced by coercion/undue influence and therefore void ab initio.
Contract law – validity – free consent, coercion and undue influence (Law of Contract Act ss.10,13–16) – contract void ab initio when consent induced by police/state actor pressure; Evidence – attesting/state attorney absence undermines probative value of written agreement; s.101 Evidence Act inapplicable where writing is not mandatorily exclusive; Remedies – refund and general damages; counterclaim dismissed.
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16 December 2020 |
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16 December 2020 |
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Delay caused by pursuing other remedies held sufficient; extension of time to file revision granted.
Limitation law — extension of time under s.14(1) Law of Limitation Act — delay caused by pursuit of other remedies can constitute sufficient cause; role of s.21 guidance; affidavit evidence and non‑controversion.
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16 December 2020 |
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Failure to read assessors' opinions rendered the tribunal judgment a nullity, prompting nullification and retrial.
Land appeal — time computation — exclusion of period obtaining judgment/decree under Law of Limitation s19(2); Trustees Incorporation — registered trustees have capacity to hold land; Foreigners — cannot hold village land except as permitted, but trusteeship/consent may permit acquisition; District Land and Housing Tribunal procedure — assessors’ opinions must be recorded and read to parties before judgment; Failure to read assessors’ opinions vitiates proceedings; High Court revisional powers — nullification and retrial ordered.
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16 December 2020 |
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Court granted extension to appeal, finding the deceased litigant's illness amounted to sufficient cause; alleged illegality was not apparent.
Land — extension of time to file appeal — sufficient cause — sickness of litigant as ground for extension; Illegality must be apparent on the face of the record; Administrator permitted to continue deceased's proceedings.
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16 December 2020 |
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16 December 2020 |
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Partly allowed revision: sale alone did not justify revoking administrator, but revocation upheld for citation irregularities.
Revisional jurisdiction – section 44(1)(b) MCA – application by a purchaser affected by an appellate decision. Electronic filing – Rule 21(1) GN No.148 of 2018 – documents filed before midnight deemed filed that day. Natural justice – right to be heard – joinder/notification of interested parties in appeals affecting property rights. Probate/administration law – powers of court-appointed administrator to sell estate property without beneficiaries' consent (unless held in trust). Procedural compliance – failure to comply with citation rules can justify revocation of letters of administration.
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16 December 2020 |