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Citation
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Judgment date
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| June 2021 |
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Appellate court wrongly nullified separate probate proceedings; disputed house remains under prior administratrix pending Forms V and VI.
Probate law – separation of estates – limits of revisional powers – sui motu nullification of probate proceedings – right to be heard (audi alteram partem) – requirement to file Forms V and VI to effect valid distribution under administration.
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30 June 2021 |
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Waiver of statutory bond and sureties in probate requires clear justification; unexplained failure to procure sureties warrants dismissal.
Probate — waiver of bond and sureties under s.67 Probates and Administration of Estates Act — exceptional relief requiring satisfactory reasons and evidence. Importance of administrator’s capacity, honesty and commitment when considering waiver. Unexplained failure to procure sureties is inadequate to justify waiver.
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30 June 2021 |
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Application for extension and leave to appeal dismissed as the intended appeal was overtaken by execution of the decree.
Land law and appellate procedure – extension of time to seek leave to appeal – accounting for delay – requirement of a point of law or general importance for leave – appeal overtaken by execution of decree; academic applications.
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30 June 2021 |
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Joinder by third party notice granted because the alleged vendor who passed title is a necessary party; each party to bear own costs.
Civil Procedure - Joinder/third party notice (Order 1 r.14(1)(b), Order XLIII r.2, s.95 CPC) - Necessary party in land dispute - Alleged vendor who passed title - Consent to joinder - Fair and conclusive determination.
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30 June 2021 |
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An application to set aside a dismissal for want of prosecution was granted for lack of proof the applicant was notified.
Civil procedure — Order IX Rule 9(1) — setting aside dismissal for want of prosecution; Service and notice in audio-teleconference hearings — proof of service (registry affidavit/mobile contact) required; Balance of convenience and costs.
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30 June 2021 |
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An appeal against an interlocutory ruling on whether defendants were sued personally or in official capacity was premature and dismissed with costs.
Civil procedure — Appeals — Interlocutory orders — Competence of appeal — Preliminary objections — Wrong party (individuals v. village council) — Mukisa Biscuits principle: preliminary objection must be pure point of law not requiring evidence.
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30 June 2021 |
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30 June 2021 |
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Major contradictions and failure to call material witnesses meant prosecution failed to prove rape beyond reasonable doubt.
Criminal law – Rape – Burden of proof beyond reasonable doubt; witness credibility – contradictions, hearsay and their impact; failure to call material witnesses (medical examiner, investigator, local chairperson) – adverse inference; conviction must be based on prosecution’s evidence, not weakness of defence; absence of PF3/medical evidence undermining proof of penetration.
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30 June 2021 |
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30 June 2021 |
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Leave to appeal granted where appeal raises arguable evaluative questions of evidence and the respondent conceded.
Land law; leave to appeal to Court of Appeal; second appeal; evaluation of evidence; standard of proof in civil proceedings; appellate review; concession by respondent.
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30 June 2021 |
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Applicant held vicariously liable for respondent's injuries from bus driver's negligence; appeal dismissed.
Tort — Vicarious liability — employer liable for negligent acts of employee operating employer's vehicle; evidence of course of employment may be inferred from tickets and admissions. Evidence — Exhibits (PF3) — a witness who possessed an exhibit and has knowledge may properly tender it. Civil procedure — burden of proof — respondents must prove on balance of probabilities; corroborative documents and admissions may suffice.
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30 June 2021 |
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A non‑party's attempt to challenge division of matrimonial property by revision was dismissed; title disputes must be litigated in proper civil proceedings.
Civil procedure – Revision – appropriateness of revision where applicant was not party to earlier matrimonial proceedings; Matrimonial law – division of matrimonial assets – third-party claims to property awarded in divorce; Evidence and proof – title and ownership disputes require oral evidence and determination in a competent civil forum.
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30 June 2021 |
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The applicant couple were appointed foster parents and the respondent appointed guardian ad litem in the child's best interests.
Child law – foster care and adoption – best interests of the child – residency and fitness of prospective foster parents – appointment of guardian ad litem by social welfare officer – change of child's name.
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30 June 2021 |
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Extension of time granted due to apparent illegality despite financial hardship and settlement negotiations.
Civil procedure – Extension of time to appeal – Sufficiency of cause – Poverty/financial hardship not a sufficient cause – Negotiations/settlement do not stop limitation period – Apparent illegality on face of record (jurisdictional defect) may justify extension.
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30 June 2021 |
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Court stayed execution of a CMA award pending revision and ordered deposit equal to the award amount.
Labour law – Stay of execution of CMA award pending revision – Discretionary exercise guided by likelihood of success, irreparable loss, and balance of convenience – Security (deposit of award sum) as condition for stay.
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30 June 2021 |
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Application for third-appeal leave and certificate refused because the complaints were factual, not points of law or general importance.
Appellate jurisdiction – leave to institute a third appeal – requirement for points of law or matters of general importance; concurrent factual findings rarely disturbed by appellate courts. Certification on point of law – not appropriate where complaint is purely factual. Ex parte proceedings – service refusal and dispensed appearance.
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30 June 2021 |
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Application for extension of time dismissed after applicant conceded preliminary objections; dismissal for want of prosecution not res judicata.
Civil procedure – miscellaneous application for extension of time to appeal; preliminary objections – abuse of court process; competence; jurisdiction. Procedural law – dismissal for want of prosecution vs. struck out; substitution by Court of Appeal not a precondition to seek extension of time in High Court. Res judicata – dismissal for want of prosecution does not operate as res judicata (not a decision on the merits). Concession of preliminary objections by applicant results in dismissal of the application.
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30 June 2021 |
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A strict five‑day group reporting rule cannot bar the applicant's consoling contributions where delay is reasonably justified.
Constitutional interpretation of internal group rules – Rule 10(c) five‑day reporting requirement – whether strict time‑bar defeats purpose of consoling contributions Evidence – proof of reporting and justification for delay (distance, mourning customs, COVID‑19) Relief – primary court discretion to construe internal rules so as not to undermine substantive justice Pleading – issue raised about special damages and evidential requirements in primary courts
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30 June 2021 |
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A defective charge omitting 'intent to defraud' vitiated proceedings; conviction and sentence were quashed.
Criminal law – Obtaining money by false pretense – Particulars of offence must include intent to defraud – Defective charge vitiates proceedings – Point of law can be raised at any appellate stage – Nullity of proceedings and non-availability of cure under s.388 CPA – Retrial not always in interest of justice.
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30 June 2021 |
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Court ordered attachment and sale of the administratrix's share to satisfy a decree for 10% of the deceased's estate.
Civil Procedure — Objection to attachment under Order XXI r.57(1) CPC — Execution against administratrix of estate — Heirs' proprietary interest and locus to object — Attachment/sale of administratrix's share to satisfy decree — Preliminary objection on advocate's prior representation.
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30 June 2021 |
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30 June 2021 |
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Conviction for obtaining money by false pretences upheld despite non-production of the TV; sentence varied to three years in default.
Criminal law – Obtaining money by false pretences (s.302 Penal Code) – proof beyond reasonable doubt – evidential weight of witnesses versus non-production of receipts or exhibit. Evidence – failure to produce cash sale/EFD receipt and lack of demonstration of pre-sale testing – inferences against vendor. Principle – caveat emptor limited application in criminal liability; appellate restraint on disturbing concurrent factual findings.
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30 June 2021 |
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An appeal dismissed as time-barred precludes a subsequent extension application in the same court; proper remedy is appeal or review.
Civil procedure – application for extension of time – effect of prior dismissal of appeal as time-barred under s.3(1) Law of Limitation Act – distinction between incompetence (striking out) and time-bar dismissal – functus officio and proper remedies (appeal, revision, review).
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30 June 2021 |
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30 June 2021 |
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30 June 2021 |
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Leave to appeal granted because the supporting affidavit disclosed arguable issues on whether a decision was ex‑parte and on denial of hearing.
Civil procedure — Leave to appeal — Requirements for grant of leave: arguable case, novel or serious point of law — Ex‑parte characterization where defendant participated — Right to be heard — Pleadings/affidavit must disclose grounds to be considered.
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30 June 2021 |
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Ignorance and poverty do not justify extension of time to seek certification of a point of law; certification dismissed.
Civil procedure – extension of time – applicant must show sufficient cause; ignorance of law and poverty not sufficient; certification of point of law – court must ensure issue is a legal question not factual/credibility; appeal certification dependent on extension being granted.
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30 June 2021 |
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Applicant's unaccounted delay and unsubstantiated reasons led to dismissal of extension of time with costs.
Civil procedure – Extension of time – application under s.5(1)(c) and s.11(1) Appellate Jurisdiction Act and Rules 45 & 47 Court of Appeal Rules; Requirement to account for each day of delay; Necessity of corroborative affidavit evidence for asserted reasons (e.g., treatment by traditional healer); Financial constraints alone insufficient to justify extension.
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30 June 2021 |
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An unexplained delay and lack of supporting evidence defeat an extension of time based on alleged advocate misconduct; application dismissed.
Civil procedure – extension of time – alleged illegality by advocate – need for supporting evidence (supplementary affidavit) to impeach court record. Civil procedure – delay and acquiescence – unexplained long delay undermines application for extension. Professional conduct – alleged advocate misconduct may attract disciplinary proceedings but is not a substitute for civil relief in extension applications.
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30 June 2021 |
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Procedural omission in recording an amended defence led to nullification of proceedings and order for trial de novo.
Land procedure — Procedural irregularity — Amended Written Statement of Defence not reflected on record — Proceedings nullified from defence evidence — Trial de novo ordered — Costs reserved.
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30 June 2021 |
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Failure to appear at a notified remote hearing and an unexplained delay did not justify setting aside the ex parte ruling.
Labour law – setting aside ex parte ruling – sufficiency of grounds for rescission; Civil procedure – remote/digital hearings – non-appearance and adequacy of excuse (handset battery exhaustion); Procedural law – inordinate delay in applying to set aside judgment; Employment law – implications of fixed-term contract expiry on relief sought.
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30 June 2021 |
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An equivocal or mistaken guilty plea permits appeal despite section 360(1); conviction quashed and matter remitted.
Criminal law – Guilty plea – Equivocal/ambiguous plea or plea resulting from mistake/misapprehension – Exceptions to s.360(1) Criminal Procedure Act – Conviction quashed and matter remitted for trial de novo.
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30 June 2021 |
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30 June 2021 |
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Court allowed warrant for arrest of judgment debtor under Order XXI after default, subject to payment and procedural conditions.
Execution of decree — arrest and detention of judgment debtor under section 42 and Order XXI rules 35–39 — notice to show cause and warrant on default — committal not automatic — decree-holder to pay arrest and subsistence costs.
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30 June 2021 |
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Appellant lacked locus standi where letter of administration was not properly tendered; appeal dismissed with costs.
Land disputes – locus standi – necessity to tender letter of administration to prove capacity to sue; inadmissibility of attaching such document to reply at appeal as method of adducing additional evidence; failure to tender document at trial may render proceedings incompetent and null; section 45 Cap.216 and overriding objective cannot cure prejudicial procedural defects.
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30 June 2021 |
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29 June 2021 |
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Plaintiff's municipal permit insufficient where billboard encroached road reserve and lacked TANROADS' required authorization.
Administrative and roads law – road reserve encroachment – municipal permit insufficient where billboard encroaches road reserve; TANROADS' permit required. Land/boundary proof – necessity of professional surveyor evidence to establish plot beacons and encroachment. Signage/advertising regulation – prohibition of animated billboards within 100-metre radius from junction. Civil procedure – failure to call appropriate expert weakens party's case; suit dismissed for want of proof.
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29 June 2021 |
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Employer must prove retrenchment fairness; failure to follow agreed selection criteria renders dismissal procedurally unfair.
Labour law – retrenchment (operational requirements) – employer’s burden to prove fairness (s.39 ELRA) – selection criteria and consultation – procedural fairness – compensation for fixed-term contracts limited to unexpired term.
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29 June 2021 |
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Appeal allowed: convictions quashed due to identity uncertainty, improper exhibit tendering and lack of chain of custody for electronic evidence.
Criminal law – identity and proof – requirement to prove beyond reasonable doubt that accused is same person who committed impersonation-related offences. Criminal procedure – admissibility of exhibits – prosecution witnesses (not the Public Prosecutor) must tender exhibits under oath (s.198(1) CPA). Evidence – chain of custody – electronic evidence (mobile phone/SIM) must be traced and accounted for. Cyber law – courts should consider applicability of the Cybercrimes Act where ICT elements feature.
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29 June 2021 |
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29 June 2021 |
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Absence of a definite land description renders lower tribunal proceedings and decisions void and subject to quashing.
Land law — requirement for certain description of disputed land; Civil procedure — defect of proceedings where land size/location not stated; Appellate practice — court raising point suo moto and right to be heard (Art.13(6)(a)); Remedy — quashing and setting aside defective tribunal decisions (Reg.3(2)(b) GN. No.174/2003; Ponsian Kadagu precedent).
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29 June 2021 |
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Representative suits require genuine, verifiable consent; fraudulent procurement of leave renders the suit incompetent and is struck out.
Land law – representative suit – validity of leave for representative action – requirement of genuine consent by those represented; Advocates’ duty to verify clients and signatories; Fraudulent procurement of leave vitiates suit; Remedy: striking out and requirement for individual suits (consolidation possible later).
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29 June 2021 |
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Court granted the applicant a 14-day extension to file a reference despite unexplained delay.
Advocate Remuneration Order – reference to High Court – extension of time – Law of Limitation Act s14(1) and s19(2) – exclusion of days awaiting copies – Lyamuya principles on extension of time – discretion and prejudice.
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29 June 2021 |
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Applicant failed to account for days of delay; court dismissed extension of time to lodge appeal.
Criminal procedure – Extension of time to lodge appeal – Applicant must account for every day of delay – Delay allegedly caused by trial court must be supported by record; unexplained intervening delay defeats application.
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29 June 2021 |
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Grant of letters of administration after proper citation and no caveat; administrator ordered to file inventory and accounts.
Probate & Administration – Grant of letters of administration where deceased died intestate – Proper public citation and absence of caveat support grant. Duties of administrator – obligation to administer estate according to law, to file inventory within six months and final accounts within twelve months. Purpose of administration – protection and preservation of estate assets, including foreign and domestic bank accounts and company shares.
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29 June 2021 |
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Letters of administration granted to the son where citations were published and no caveat filed; inventory and accounts ordered.
Probate & Administration – Grant of letters of administration where deceased died intestate – Publication/citation requirements complied with and no caveat filed – Need to protect local and foreign assets and address tax matters – Administrator required to file inventory within 6 months and final accounts within 12 months.
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29 June 2021 |
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The court granted letters of administration to the applicant son, ordering inventory and accounts and warning against misappropriation.
Probate and Administration – Grant of letters of administration; Intestate estate – entitlement of biological child to administration; Evidence – death certificate and clan minutes; No caveat – ex parte grant; Administrator’s duties – inventory, accounts, debt settlement, distribution; Liability for misappropriation.
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29 June 2021 |
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Conviction for impregnating a schoolgirl quashed due to failure to prove appellant's paternity beyond reasonable doubt.
Criminal law – Evidence – proof beyond reasonable doubt – impregnating a schoolgirl – necessity to prove paternity/identity of perpetrator; role of DNA/scientific evidence where appropriate; trial court misdirection where critical ingredient not established.
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29 June 2021 |
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High Court quashed CMA award for failing to hear applicant, give reasons and consider both parties' evidence, remitting matter for rehearing.
Labour law – procedural fairness – right to be heard; requirement to consider and analyze evidence of both parties; duty to give reasons in awards; revision powers of the High Court; nullity ab initio and remittal for rehearing.
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29 June 2021 |
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29 June 2021 |