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184 judgments found.
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January 2024
Extension of time granted to apply for High Court certificate where applicants acted diligently and raised arguable illegality.
Civil procedure
— Extension — applicant’s diligence and arguable illegality in impugned decision are relevant grounds to grant extension of time
— extension of time — Application for High Court certificate on point of law for appeals originating from Ward Tribunal — where no specific time is prescribed item 21 of Limitation Act applies (60 days)
Limitation law — Limitation — exclusion of period between delivery of judgment and obtaining copy when computing time
15 January 2024
Applicant proved interest in attached hotel items; court released items from execution, application allowed with no costs.
Civil procedure — Order XXI cpc)
— corporate formalities not invariably fatal
— evidential sufficiency of invoices, loan agreements and title documents
— Objection to attachment
— separate corporate personality prevents cross-attachment absent express basis
15 January 2024
Court overruled preliminary objections, finding registry error and procedural omissions curable and objection proceedings governed by Order XXI CPC.
Labour law — Labour procedure — Preliminary objections — curable procedural irregularities
Labour law — Rule 24(2)/(3) Labour Court Rules
— costs in labour matters
— objection proceedings governed by Order XXI CPC when Labour Rules have gaps
— scope and applicability
15 January 2024
Extension granted where ex parte judgment was invalid for failure to notify the defendant of the judgment date.
Civil procedure — Extension of time to appeal — Illegality on the face of the record
11 January 2024
Whether the respondent lawfully imposed crop cess on the applicant's rice; court held the levy lawful.
Evidence — Burden and standard of proof — burden on party asserting repayment or statutory compliance
Tax law — Crop cess/levy
— GN No. 693 of 2019
— Power to impose cess on buyers and other persons for produce above one tonne
11 January 2024
Extension to appeal refused: no apparent illegality and applicant failed to account for inordinate delay.
Land law — Extension of time to appeal under s.41(2) LDCA — Lyamuya guidelines
Land law — illegality and functus officio
— duty to account for each day of delay and show diligence
— on‑face‑of‑record principle
11 January 2024
Extension granted where probate judgment was tainted by jurisdictional error, defiance of High Court order, and procedural illegality.
Civil procedure — extension of time — Illegality on face of record as sufficient reason — Probate jurisdiction — fixed place of abode determines territorial competence — High Court order for trial de novo
11 January 2024
Failure to attach the decree to the memorandum of appeal renders the appeal incompetent and subject to striking out.
Civil procedure
— Appeals from district court to High Court — Requirement to attach copy of judgment and decree to memorandum of appeal — Order XXXIX r.1 Civil Procedure Code
— Overriding objective — Cannot override mandatory procedural/statutory requirements
11 January 2024
Second appeal dismissed; appellant failed to show misapprehension or miscarriage of justice warranting disturbance of concurrent findings.
Civil procedure
— Appeals — second appeal — Concurrent findings of fact — Appellate interference only where misapprehension of evidence, miscarriage of justice, or legal misdirection
— duty of appellate Court to re-evaluate evidence limited by established exceptions — Costs: discretion to make no order
11 January 2024
Mis‑pleading Penal Code provision and failure to inform accused of ingredients vitiated trial; retrial ordered with corrected charge.
Criminal law — Mispleading of offence: charging under Penal Code
— caution statement delay and chain of custody issues noted but not determinative here
— incurable irregularity
— retrial permissible where evidence establishes possession at night
11 January 2024
Failure to annex sale agreements does not automatically invalidate a land suit; Registrar of Titles must be joined.
Civil procedure — production of documents
Land law — Pleading requirements
Land law — non‑joinder of necessary parties
— Non‑joinder of necessary party (Registrar of Titles)
— Order I R.10 of the CPC
11 January 2024
10 January 2024
Applicant failed to show sufficient cause for extension of time to appeal; application dismissed with costs.
Appellate practice — extension of time — Whether applicant has shown sufficient cause for delay — Land Disputes Courts Act s 41(2)
Evidence — Proof of service/supply of judgment and decree — reliance on documentary dates and annexures. Failure to show sufficient cause
10 January 2024
Convictions quashed where stolen items were not properly identified, search lacked warrant and material witnesses were not called.
Criminal law — Burglary and stealing — doctrine of recent possession — Identification of stolen property
Criminal procedure — Search and seizure — Requirement of search warrant, presence of owner/occupier and independent witness — Criminal Procedure Act s 38(1)
Evidence — corroboration — witness testimony regarding recovery and searches requires independent witnesses/local leaders — Failure to call material witnesses undermines prosecution case
10 January 2024
Convictions quashed because identification and medical evidence were not watertight; prosecution failed to prove guilt beyond reasonable doubt.
Criminal law
— Evidence Act s.127 — inapplicable to adult complainant
— identification evidence — visual identification principles (Waziri Amri) — reliability and contradictions in lighting and description
— Medical evidence (PF.3) — inconsistencies and speculative opinion
10 January 2024
A board resolution is not required to sue external debtors; the requirement is confined to internal company disputes.
Companies Act s.147 — Board resolution — Necessity of board approval to institute suit — Requirement applies primarily to internal disputes involving shareholders or directors — Not a precondition for ordinary commercial claims by a company against external parties.
10 January 2024
Absence of required Attorney‑General consent for witchcraft trial rendered proceedings a nullity; convictions quashed and appellants released.
Civil procedure — Proceedings are nullity
— guilty plea and s360 Criminal Procedure Act
— immediate release/acquittal where prosecution had no opportunity to adduce evidence
— jurisdictional defect allows quashing of conviction and setting aside of sentence
10 January 2024
Owner held vicariously liable for passenger injury by unlicensed substitute driver; insurer not liable absent pleaded policy or statutory right.
Road traffic law
— General damages — appellate restraint and principles for interference
— Hearsay and exhibit timing — PF3 dated later and missing bus ticket can be reasonably explained
— Motor vehicle accidents — proof on balance of probabilities of passenger injury and hospitalization
— Motor Vehicle Insurance Act — third party cannot sue insurer directly absent statutory right, judgment against insured or pleaded policy terms
— Vicarious liability — scope when substitute/unlicensed driver causes accident while vehicle used in course of employment
10 January 2024
Whether a fresh preliminary inquiry may be lawfully instituted after a nolle prosequi and discharge under section 91.
Civil procedure — Criminal procedure act, sections 91(1) and 91(3)
— limits on DPP’s power to withdraw and re-institute charges
— requirement of sufficient evidence and commencement of hearing at first appearance
Criminal procedure — nolle prosequi — effect on preliminary inquiry — whether nolle prosequi extinguishes prior PI proceedings
8 January 2024
Applicant granted bail pending trial for economic offences subject to substantial monetary/security conditions and sureties.
Criminal procedure — Bail pending trial — Economic offences — Application of EOCCA ss 36(5) — (6): security, bonds and sureties
8 January 2024
Bail pending appeal refused for failure to show exceptional circumstances or produce current, corroborated medical evidence.
Criminal procedure
— Bail pending appeal — Requirement of exceptional or unusual circumstances
— Medical evidence — Ill health as ground for bail pending appeal requires current medical report or prison officer affidavit
8 January 2024
5 January 2024
Trial court lacked jurisdiction where DPP's consent/certificate omitted charging sections, nullifying conviction and ordering retrial.
Civil procedure — remedy
— accused remanded pending retrial
— file remitted for hearing de novo
— proceedings and conviction quashed
Criminal procedure — Jurisdiction
5 January 2024
5 January 2024
5 January 2024
Constitutional law — Fundamental Rights and Freedoms — Right to be Heard
5 January 2024
Failure to exhaust statutory internal remedies and a clear time‑bar warranted striking out the plaintiff’s employment‑related claim.
Labour law — exhaustion of internal remedies — Public Service Act s.32A
Limitation law — Limitation of actions — Time‑bar under Standing Orders and Law of Limitation Act
5 January 2024
Defective EOCCA certificate and consent (omitting charging section) nullified trial; conviction quashed and retrial ordered.
Jurisdiction — omission of charging section — defect goes to root of trial — proceedings nullity
Jurisdiction — Remedy
— credit for time served
— quash conviction and sentence
— retrial before competent magistrate
4 January 2024
Bail granted pending trial for bailable economic offences subject to substantial monetary/property security and reporting conditions.
Criminal procedure
— Bail pending trial — offences bailable
— non-opposition by the Republic — imposition of monetary and property security, surrender of travel documents, monthly reporting and sureties.* Consistency of bail conditions with those granted to co-accused
3 January 2024
Application for interlocutory injunction and audit dismissed; triable issue found but no irreparable harm and balance of convenience favoured respondents.
Civil procedure
— interlocutory injunction — Atilio
— Order XXVI CPC — commission for local investigation or account examination discretionary and ordinarily addressed in main suit
— Probate/administration — administratrix’ remedies and duties in relation to deceased shareholder’s interest
Company law — Companies law — management by directors and rights of personal representative to enforce/share transfer
Evidence — Evidence/pleadings — new matters raised from the bar cannot be entertained if not pleaded
3 January 2024
Appointment of the applicant as administrator and clear tribunal composition irregularities justified extension to revive the dismissed appeal.
Civil procedure — extension of time — discretion to grant where sufficient cause shown
Probate law — Succession/procedure — administrator of deceased appellant has locus standi to revive an appeal. Land disputes/Ward Tribunal — statutory composition
3 January 2024
The court rejected preliminary objections, verifying jurisdiction over a contractual loan dispute distinct from employment issues.
Civil procedure — jurisdiction — Contractual Claim — Res Sub Judice Doctrine
1 January 2024
1 January 2024
Absence or invalidity of the Marriage Conciliation Board certificate renders divorce proceedings a nullity for lack of jurisdiction.
Family law — Divorce — Mandatory Marriage Conciliation Board certificate — Non‑compliance is jurisdictional and renders proceedings nullity
1 January 2024