|
Citation
|
Judgment date
|
| August 2022 |
|
|
Second appeal dismissed: Ward Tribunal's jurisdiction, non-joinder, assessors' reasons, and ownership findings upheld.
Land law — jurisdiction of Ward Tribunal in pecuniary disputes; Non-joinder — necessity of parties (sellers) depends on circumstances; Evidence — standard and deference to concurrent findings of fact; Locus in quo — failure to record observations immaterial absent misapprehension; Assessors — requirement to give reasons when departing from opinions.
|
31 August 2022 |
|
Victim's testimony can prove age and rape, but parentage (impregnation) requires DNA or specific proof of paternity.
Criminal law – rape – victim's testimony as direct evidence; proof of age – birth certificate not mandatory; impregnating schoolgirl – parentage requires DNA/parentage proof; distinction between proof of rape (penetration) and proof of paternity.
|
31 August 2022 |
|
Loan to an unincorporated group bound individual members; court upheld bank’s judgment, admissibility of bank statement, and joint liability.
Contract law – existence of loan agreement and enforceability against members of an unincorporated group; Evidence – admissibility of electronic bank statements and oral authentication under section 78; Civil procedure – joint and several liability where relief is claimed and individual liabilities specified; Pleadings – parties bound by their own pleadings and estopped from contradicting them.
|
31 August 2022 |
|
Plaintiffs failed to prove title on balance of probabilities; suit dismissed and defendants awarded costs.
Land law — proof of title — balance of probabilities — failure to produce original documents and contradictions in oral testimony — defaulting defendant evidence struck out — court declines to adjudicate inter-defendant title disputes absent counterclaims
|
31 August 2022 |
|
Revision allowed to proceed where impugned order under section 96 CPC is not appealable; preliminary objections dismissed.
Civil procedure — Revision versus appeal — Revision not an alternative to appeal generally; revisional jurisdiction in exceptional circumstances — Appealability — Orders under section 96 CPC (correction of judgment/decree) not listed as appealable under section 74(1) and Order XL, Rule 1 — Preliminary objections on limitation — Time-bar issues may be inappropriate for determination at preliminary stage where trial court decided application on merits.
|
31 August 2022 |
|
A contradictory probate ruling did not revoke the respondent's appointment but the trial court must re-decide all issues comprehensively.
Probate and administration – whether trial court revoked appointment of administrator – interpretation of a contradictory ruling. Appellate review – scope of review where lower courts misinterpret trial court findings. Duty of probate court to determine ownership of estate property; jurisdiction to decide property disputes in probate proceedings. Revisionary powers (s.31 Magistrates Courts Act) – setting aside lower courts' decisions and remitting for fresh determination
|
31 August 2022 |
|
A debt‑acknowledgement deed supported by post‑dated cheques is prima facie proof of debt; mere denials do not justify leave to defend.
Civil procedure – Order XXXV summary suit – requirement of prima facie/arguable defence before granting leave to defend
Evidence – Debt‑acknowledgement deed as prima facie proof of debt; validity must be impugned on the face of the document to defeat summary judgment
Consideration – forbearance and post‑dated cheque can constitute consideration; plaintiff not required to prove separate consideration where suit rests on agreement supported by cheque. Corporate capacity – conducting business in a company name does not automatically negate personal liability under a personal debt acknowledgement
|
31 August 2022 |
|
Failure to read assessors' opinions in parties' presence vitiated the DLHT proceedings, requiring quashing and retrial.
Land disputes — Procedure — Assessors’ participation — Requirement to read assessors’ written opinions in presence of parties (s.23 Land Disputes Courts Act; Reg.19(2) GN.174/2003) — Failure to read assessors’ opinion renders proceedings a nullity when it occasions failure of justice (s.45) — Execution by Tribunal Broker — jurisdictional/disciplinary remedies.
|
31 August 2022 |
|
Baptism or Christian burial alone does not displace customary law; deceased's intention and mode of life determine applicable law.
Probate and Administration — Applicable law — Whether baptism/burial alone displaces customary law — Test: deceased's intention and mode of life
Jurisdiction — Primary Court competence where customary law applies
Evidence — Weight of burial and baptism evidence; requirement of expressed intention
Criminal/Procedural — Role and consideration of assessors' opinion; appellate review of trial court's issue framing and evidence analysis
|
31 August 2022 |
|
Leave granted and one legal issue certified: whether the acts amounted to malicious damage under s.326(1); locus visit held factual.
Appellate procedure – leave and certificate under s.6(7)(b) Appellate Jurisdiction Act – requirement of a pure point of law for certification. Criminal law – malicious damage to property – elements of wilfulness and unlawfulness under s.326(1) Penal Code
Evidence – locus in quo inspection irregularities are factual matters, not pure points of law
|
31 August 2022 |
|
Commissioner’s allocation of occupied land without lawful acquisition was unlawful; court ordered rectification and registration in the plaintiff’s name.
Land law – right of occupancy and priority of lawful occupation – requirement to comply with Land Acquisition Act before allocating occupied public land – rectification of land register where allocation unlawful
|
31 August 2022 |
|
Applicants' constitutional petition dismissed for failure to exhaust alternative remedies under Cap 3.
Constitutional procedure – Basic Rights and Duties Enforcement Act (Cap 3) – Sections 4 and 8(2): petition barred if alternative remedies exist; Criminal Procedure Act s.169(1) as alternative remedy in ongoing criminal proceedings; Civil suit and Law of Limitation Act as alternative remedy for damages; Subordinate courts’ duty to refer constitutional questions under s.9(1) of Cap 3.
|
31 August 2022 |
|
Appellant declared owner where respondent failed to prove alleged grant and ward tribunal's majority vote lacked evidential basis.
Land law ownership disputes proof on balance of probabilities; he who alleges must prove. Evidence requirement for documentary or direct witness proof to establish grant of land. Civil procedure tribunal majority votes must be grounded in evidence; votes lacking evidential basis are unreliable. Appeal lower tribunal decisions per incuriam can be quashed and replaced on appeal
|
31 August 2022 |
|
Plaintiff failed to identify the suit land; allocations, registration and sale to respondents were lawful; re-demarcation ordered.
Land law – proof of title – necessity of specific identification (location, size, boundaries) of suit land in plaint; Allocation of PORI (abandoned) land – validity of village allocations made pursuant to Government advertisement; Registration – lawful where allocation established; Sale/transfers by allottees – valid if based on lawful allocation; Remedy – re-evaluation and demarcation by land authorities to resolve boundary disputes.
|
31 August 2022 |
|
Applicant entitled to six-month temporary injunction to restrain transfer of allegedly mortgaged matrimonial property pending main suit.
Civil Procedure – Temporary injunction – Order XXXVII Rules – Application to restrain transfer of mortgaged matrimonial property pending suit – Atilio v Mbowe criteria: triable issue, irreparable loss, balance of convenience.
|
31 August 2022 |
|
Court struck out probate application because withdrawal would pre-empt a pending preliminary objection and made no order as to costs.
Civil procedure – Withdrawal of application – When withdrawal would pre-empt a pending preliminary objection – Proper remedy is striking out the application
Probate/administration – Intra-family estate disputes – Court cautious about awarding costs that may exacerbate family conflicts
Costs – Court may refrain from awarding costs in sensitive family litigation to avoid escalating disputes
|
31 August 2022 |
|
Appellant proved ownership by allocation and continuous possession; trial tribunal erred in evaluating evidence, appeal allowed.
Land law – burden of proof and evaluation of evidence – continuous possession and allocation – non-joinder of seller not fatal where seller testified.
|
31 August 2022 |
|
Applicant failed to show sufficient cause or apparent illegality for extension of time; application dismissed.
Labour law – extension of time to file revision – applicants must account for all days of delay and show diligence; alleged illegality must be apparent on face of record to justify extension; filing of a different dispute after court direction does not cure time-bar.
|
31 August 2022 |
|
Appeal against objection proceedings is incompetent; aggrieved party must file a fresh suit under Order XXI Rule 62.
Civil Procedure – Objection proceedings (Order XXI) – Decisions are final and not appealable; remedy is a fresh suit under Order XXI Rule 62
Civil Procedure – Burden of proof in objection proceedings – Objector must prove interest in property at date of attachment (Order XXI Rule 58)
Evidence – Appellate court cannot admit fresh evidence or resolve issues not raised/proved before the trial tribunal in objection proceedings
|
31 August 2022 |
|
|
31 August 2022 |
|
Appeal allowed and conviction quashed where plea of guilty was ambiguous and improperly recorded.
Criminal procedure – Plea of guilty – Equivocal/ambiguous plea – Requirement to read charge in language accused understands and to record individual admission or denial (Adan v R; Yonasan Egalu) – Omnibus plea inadequate – s.360 Criminal Procedure Act: exception where plea imperfect.
|
31 August 2022 |
|
Leave to appeal granted where proposed grounds raised arguable issues on spouse consent, mortgage execution and joinder.
Civil procedure — Leave to appeal to Court of Appeal under section 47(2) LDCA — test is whether proposed grounds raise arguable issues, not merits. Matrimonial property — spouse's consent to mortgage and limits on subsequent disposition by mortgagor or mortgagee. Mortgage law — execution/sale of mortgaged matrimonial home by financial institution following default; notice to consenting spouse
Succession/joinder — necessity to join administrator/executor of deceased mortgagor's estate in disputes over mortgaged property. Appeal procedure — requirement to lodge appeal within prescribed period once leave granted
|
31 August 2022 |
|
Leave to appeal denied because the proposed issues are factual, not points of law requiring appellate consideration.
Leave to appeal – discretionary power of High Court – granted where proposed appeal raises points of law deserving Court of Appeal consideration. Adverse possession – requirement of proof of actual possession; factual inquiry vs point of law. Title disputes – validity of sale, village council approval and witnessing are factual/evidential matters
Section 47(2) & (3)
Land Disputes Courts Act – certification of point of law for appeals originating from Ward Tribunal
|
31 August 2022 |
|
Suo motu dismissal of a revision application without hearing parties violated the right to a fair hearing; ruling quashed and remitted.
Constitutional law – Right to fair hearing – Article 13(6)(a) – parties must be heard before court raises and determines suo motu issues affecting outcome. Civil procedure – Miscellaneous applications – improper suo motu dismissal of revision application – distinction between revision and appeal to be addressed after hearing parties
Civil Procedure Code, Order XIX r.3(1),(2) – affidavits and counter-affidavits – preliminary objection procedure
Magistrates' Courts Act s.44 – High Court revisionary powers to nullify and remit when procedural irregularity affects fairness
|
31 August 2022 |
|
A buyer of surveyed registered land must prove vendor’s title; Commissioner’s allocation with Certificate of Occupancy prevails.
Land law – ownership of surveyed/registered land – allocation by Commissioner of Lands and Certificate/Right of Occupancy – purchaser’s burden to prove vendor’s title and to exercise due diligence – priority of official allocation
|
31 August 2022 |
|
|
31 August 2022 |
|
The court dismissed the appeal, upholding the trial court's finding of no jurisdiction in a land dispute case.
Civil Appeal – Land dispute jurisdiction – Validity of preliminary objections regarding court jurisdiction – Determination of fraudulent land sale and proceeds recovery claims.
|
31 August 2022 |
|
Appeal allowed: prosecution failed to prove statutory rape beyond reasonable doubt due to material contradictions and failure to call a key witness.
Criminal law – Sexual offences – statutory rape – prosecution must prove every ingredient beyond reasonable doubt; victim’s evidence is best but must be credible and consistent
Evidence – contradictions and inconsistencies – where they go to the root of the case they undermine prosecution case
Evidence – failure to call material witness – adverse inference may be drawn against the prosecution. Trial procedure – duty of trial court to evaluate demeanour and resolve material inconsistencies
|
31 August 2022 |
|
Failure to tender letters of administration rendered the administrator's suit incompetent; annexures to pleadings are not evidence.
Civil procedure - capacity to sue - administrator of estate - letters of administration must be pleaded and proved; annexures to pleadings are not evidence
Evidence - annexures v. evidence - originals/tendering in court required under Evidence Act. Locus standi - failure to prove representative capacity renders proceedings incompetent and liable to be quashed
|
31 August 2022 |
|
Petitioner granted letters of administration after proper publication and no caveat filed.
Probate and administration – Letters of administration – Requirement to publish a general citation and wait 14 days for caveat – Compliance with publication and absence of caveat entitles petitioner to appointment and grant of letters.
|
31 August 2022 |
|
|
31 August 2022 |
|
Appeal dismissed: child’s evidence and medical proof corroborated sodomy; sentencing provision omission held curable.
Criminal law – Unnatural offence against a child – conviction upheld where child’s testimony properly recorded under s.127(2) Evidence Act and corroborated by medical PF3; omission to cite sentencing provision curable; prosecution must prove penetration and age beyond reasonable doubt.
|
31 August 2022 |
|
|
31 August 2022 |
|
Conviction for cheating quashed where fraudulent trick was unproved, particulars contradicted exhibits, and burden improperly applied.
Criminal law – Cheating (s.304 Penal Code) – Element of fraudulent trick/false pretence – Variance between charge particulars and exhibits – Burden of proof remains on prosecution (s.3(2)(a) Evidence Act) – Failure to summon material witnesses – Conviction for offences not charged (forgery/stealing) is unsafe.
|
31 August 2022 |
|
Court held plaintiff owns 95 acres; title rectification unlawful; trespassers ordered to demolish and restrained.
Land law — Ownership by purchase from indigenous vendors; validity of rectification of title by Commissioner/District — Requirement to comply with Land Acquisition Act and Land Act for lawful acquisition; trespass, demolition orders and permanent injunctions
|
31 August 2022 |
|
|
31 August 2022 |
|
Guilty plea rendered equivocal by language failure and defective charge; conviction and sentence quashed.
Criminal procedure – Interpretation – Duty of trial court under section 211 to inquire into accused's language comprehension and provide interpreter where necessary. Plea of guilty – Equivocal plea – Plea rendered equivocal by language barrier and procedural irregularities. Charge drafting – Variance between statement of offence and particulars; handwritten alteration of destination without recorded amendment vitiates proceedings. Immigration offence – Facilitation of smuggling under section 46(1)(e) – importance of clear particulars and explanation of offence
|
31 August 2022 |
|
|
31 August 2022 |
|
Fixed‑term contracts expire automatically; no unfair termination where no reasonable expectation of renewal and employer gave pre‑expiry notice.
Employment law – Fixed‑term contract – Contractual duration and automatic expiry; reasonable expectation of renewal; unfair termination provisions inapplicable where no reasonable expectation; effect of pre‑expiry notice negating renewal expectation.
|
31 August 2022 |
|
Conviction quashed: prosecution failed to prove victim's age and relied on inadmissible/insufficient medical evidence.
Criminal law – Rape: proof beyond reasonable doubt – proof of victim's age (clinic card and parental evidence) – admissibility and probative value of PF3 – medical report by nurse not a medical practitioner – delay in medical examination – variance between charge and evidence as to place.
|
31 August 2022 |
|
Filing a notice of appeal or a stay application does not automatically prevent taxation of a bill of costs.
Civil procedure – Taxation of bill of costs – Whether notice of appeal or pending stay bars taxation – No automatic stay
Decretal relief – Omission in decree where judgment awards costs – slip of pen; decree to be amended to reflect judgment
Advocates Remuneration Order – Taxation on prescribed scale; attendance/transport items taxable without travel receipts
Execution – Distinction between taxation and execution; stay required to stop enforcement
|
31 August 2022 |
|
Bank entitled to enforce mortgage, evict occupant and sell mortgaged property after borrowers’ loan default.
Mortgage enforcement; loan default; priority of mortgage over subsequent lease; eviction of occupant; sale and possession under Land Act ss.125–129; ex parte proceedings and striking out of unproven defence
|
31 August 2022 |
|
Convictions quashed where prosecution failed to prove identity, elements of offences, and omitted essential witness.
Criminal law – proof beyond reasonable doubt; identity of accused – identification parade and CCTV evidence; obtaining money by false pretence – elements not established; witness credibility – interested witnesses and contradictions; failure to call essential witness (TRA personnel) fatal to prosecution case.
|
31 August 2022 |
|
Conviction quashed where visual identification and proof of recent possession were not sufficiently established.
Criminal law – armed robbery; visual identification evidence – Waziri Aman factors (light, distance, duration, prior acquaintance); recent possession doctrine – proof of ownership and recent theft essential; retracted cautions and insufficient admissible evidence – conviction cannot stand.
|
31 August 2022 |
|
Appellant lawfully repossessed motorcycle after respondent defaulted on agreed weekly payments; assessors' consultation established.
Contract — hire‑purchase — interpretation of payment terms (weekly minimum vs. lump sum) — requirement to consult primary court assessors — proof of excuse for non‑performance — repossession rights on default.
|
31 August 2022 |
|
High Court recorded parties’ lawful deed of settlement as judgment, ordering payment instalments, release of claims, and each party to bear own costs.
Civil procedure – Consent judgment – Recording and enforcement of deed of settlement – Court bound to record lawful compromise reached by parties; settlement disposes of appeal and may be made an order of court. Debt recovery – Payment schedule and mode of payment incorporated into consent judgment
|
31 August 2022 |
|
Leave to seek judicial review granted where a regulator’s letter threatened applicant’s contracts and an arguable case existed.
Judicial review — leave to apply for certiorari and prohibition — requirements for leave: sufficient interest, arguable case, absence of alternative remedies, promptness — impugned letter requesting insurer information potentially threatening contractual relations — leave granted.
|
31 August 2022 |
|
High Court reinstated conviction where appellant proved ownership and respondent failed to prove inheritance; recent possession applied.
Criminal law – ownership dispute over allegedly stolen property – proof of ownership by purchase versus claim of inheritance
Evidence – credibility and sufficiency – uncorroborated assertions versus witness testimony and documentary exhibits. Doctrine of recent possession – application where accused found with recently stolen property supports conviction when lawful ownership not proved
Appeal – appellate court erred in acquitting where trial court's conviction was supported by evidence
|
31 August 2022 |
|
Retention of material admitted as exhibits is lawful absent a court order directing their return.
Criminal procedure – search and seizure powers of police; exhibits admitted in evidence remain under court custody; return of exhibits governed by Criminal Procedure Act s.353; lawfulness of continued retention absent court order; claim for damages where statutory return procedure not followed.
|
31 August 2022 |
|
High Court granted bail in high-value tax-related economic crime case, imposing strict security and surety conditions.
Criminal procedure – Bail – High Court jurisdiction to determine bail where value of subject matter exceeds subordinate court cap – Offences bailable under Tax Administration Act and EOCCA. Bail conditions – Limits of judicial flexibility under section 36(5) and (6) of Cap. 200 – security, sureties, custody of travel documents, mandatory attendance and verification of bonds. Procedural law – Challenges to the plausibility or quantum of charges are for the trial court, not bail proceedings
|
31 August 2022 |