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716 judgments found.
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June 2024
Appeal dismissed: appellant failed to prove respondents owned cattle that maliciously damaged his crops; hearsay insufficient.
Appellate practice — Second appeal — Second appellate review of concurrent findings — Second appellate review of first appellate omission
Criminal law — Malicious damage to property — Elements: ownership, damage, causation, malice — burden of proof beyond reasonable doubt
Evidence — Hearsay — hearsay and admissibility — Weight and admissibility of hearsay evidence (PW2) and consequences of reliance
28 June 2024
Omission of the sentence from a conviction judgment breaches section 312(2) CPA and requires quashing and remittal for proper judgment.
Criminal procedure — Judgment of conviction
— fatal irregularity
— Mandatory contents
— omission of sentence from judgment
— quashing judgment and remitting file for proper judgment
— effect on custody and time to appeal
— sentence recorded only in proceedings insufficient
28 June 2024
Conviction quashed for grave sexual abuse due to unsupported trial‑court findings and insufficient evidence.
Criminal law — Grave sexual abuse
— best evidence from child victims
— retrial principles (Fatahel Manji)
— Sufficiency of evidence and requirement that findings flow from testimony
28 June 2024
Late supply of judgment to an incarcerated appellant constituted good cause for a 45-day extension to file an appeal.
Civil procedure — Extension
— factors: account for each day, absence of inordinate delay, diligence
— late supply of judgment to a prisoner can constitute good cause
Criminal procedure — Extension of time to appeal
— mis-pleading not fatal
— Proper enabling provision is
28 June 2024
28 June 2024
Whether statutory rape was proved beyond reasonable doubt by the victim’s testimony and supporting medical evidence.
Civil procedure — Procedure
— oral testimony at trial prevails
— Preliminary hearing proceedings are not evidence
Criminal law
— Credibility — Minor inconsistencies do not necessarily vitiate conviction if core facts are credible and corroborated
— Statutory rape
Evidence
— medical opinion is persuasive but not conclusive, especially where genital washing occurred
— Victim’s oral testimony may suffice to prove penetration
28 June 2024
The applicant’s claim failed; an absolute donation and the respondent’s inherited possession defeated the later recovery claim.
Land law — adverse possession
— elements and inapplicability where donee has color of right
— statutory limitation for recovery of land (12 years)
Land law — donation without reservation
— burden of proof in civil cases
— effect on ownership
28 June 2024
A recorded settlement bars re‑opening and execution; courts may only execute an existing, certified decree.
Civil procedure — Execution
— Functus officio — Settlement recorded by court bars subsequent execution of same claims
— Recording/certification of adjusted decree — Requirement for an executable decree and certification of payments/adjustments under Order XXI Rule 2 of the Civil Procedure Code
28 June 2024
Conviction based on an equivocal plea and defective rape particulars is quashed; re‑arraignment ordered.
Civil procedure
— Procedural safeguards — requirements and steps before accepting plea of guilty (Chaki; Hussein Rashid Jumanne)
— remedy — quash conviction, set aside sentence, re‑arraign
Criminal law — Rape
Criminal procedure — plea of guilty — Equivocal plea — conviction founded on an equivocal plea is a nullity
28 June 2024
appeal dismissed where improperly read‑in exhibits were expunged and remaining evidence failed to prove a loan.
Civil procedure — Civil appeal
— Online marketing transaction disputed as loan
— re‑evaluation of evidence on first appeal
— Speed‑track non‑adherence not automatically fatal if no injustice
28 June 2024
28 June 2024
28 June 2024
28 June 2024
Plaintiffs’ claim arising from a 2015 contractual breach was time‑barred; continuous breach not established, suit dismissed.
Limitation law — Limitation of actions — Contract claims
— demand letters do not necessarily revive time‑barred claims
— six‑year limitation
28 June 2024
Amendment of plaint beyond the specific leave granted introduced a new cause of action and warranted striking out with costs.
Civil procedure — amendment beyond court order — introducing new cause of action
Civil procedure — amendment of pleadings
— Order VI r.17 CPC
— preliminary objection as point of law
— scope of court's leave
Civil procedure — remedy — striking out with costs
28 June 2024
Five-day delay from late judgment availability and e-filing technical failure constituted good cause for extension of time.
Land law — good cause
— balancing right to appeal and finality
— judiciary e-case management technical failure
— late availability of judgment
— prejudice to parties
— short delay (five days)
Land law — Land disputes courts act s.41(1)(2) — extension of time
28 June 2024
Employee resignation terminates employment; section 41(3) ELRA inapplicable to employer's acceptance letter.
Labour law
— applicability of section 41(3)(i) and (ii) ELRA to employee resignation
— CMA award set aside
— improper CMA order to involve medical review board
— resignation
— validity of employer’s acceptance letter
28 June 2024
28 June 2024
Appeal struck out for defective memorandum containing argumentative grounds and objections to proceedings rather than to the decree.
Civil procedure — Appeals
— costs discretion where appellant unrepresented
— memorandum of appeal
— non‑compliance renders memorandum defective
28 June 2024
28 June 2024
Cash used to facilitate murder is tainted property and forfeited to the State under the Proceeds of Crime Act.
Proceeds of Crime Act — forfeiture of property — sections 14(1) and 15(1) — requirements: conviction and tainted property — definition of "tainted property" (s.3) — cash used to facilitate murder admissible as tainted property and forfeitable.
28 June 2024
Substituting a charge without complying with s.234(2) CPA vitiates subsequent proceedings and mandates retrial.
Civil procedure
— Appeal — appeal struck out
— remedy
Criminal procedure — substitution of charge
28 June 2024
28 June 2024
A will not formally tendered in evidence cannot be relied upon; caveat dismissed and probate petition struck out.
Civil procedure — Probate and administration — Will validity
28 June 2024
28 June 2024
Appellants failed to prove squatter or customary title; registered title and survey evidence established respondent’s ownership.
Land law — compensation for occupants not pleaded — not adjudicated
Land law — ownership disputes
— burden of proof in land possession claims
— necessary parties and joinder
— registered title and survey evidence versus undocumented squatter certificates
28 June 2024
Court adopted parties' deed of settlement as consent judgment and decree, disposing the appellant's matrimonial appeal.
Family law — matrimonial dispute — appeal against property and proceeds awards — compromise by parties — deed of settlement adopted as consent judgment and decree
28 June 2024
Court adopted parties' deed of settlement as a consent judgment and made its terms the court's decree.
Civil procedure — settlement by parties during appeal — enforceability and adoption of deed of settlement as consent judgment and decree
Family law — Matrimonial property disputes — allocation of house and car proceeds on appeal
28 June 2024
Illness and filing-system difficulties did not justify extension without accounting for each day of delay.
Civil procedure — Extension of time to appeal — Good cause, inordinate delay and diligence (Lyamuya principles) — Requirement to account for each day of delay, s14 Law of Limitation Act
28 June 2024
28 June 2024
28 June 2024
28 June 2024
Whether a spouse can claim division or compensation for property acquired before marriage without proof of contribution.
Family law — Division of matrimonial property — property acquired or substantially improved by joint efforts — Law of Marriage Act s 114
28 June 2024
Revision was improperly used where an appeal was available, so the District Court's dismissal was upheld and administration proceeds.
Civil procedure — Probate and administration
— Appointment of administrator
— conditions for invoking revisional powers
— dismissal of revision and remittal for administration
— distinction between appeal and revisional jurisdiction
— objector filed revision after Primary Court appointment
28 June 2024
Administrators failed to rebut registered title; certified title holder's allocations upheld and suit dismissed with costs.
Administrative law — Locus standi — administrators of estate have standing unless shown their appointment has ceased
Civil procedure — burden and standard of proof — balance of probabilities in land disputes
Land law
— Planning and land-use change — reclassification and survey can lead to lawful allocation of plots
— proof of title — certificate of title prima facie/conclusive evidence of ownership unless rebutted by proof of prior interest, possession or unlawful procurement
28 June 2024
28 June 2024
Applicants failed to show triable issues or irreparable harm warranting injunction against mortgagee enforcing a mortgage.
Civil procedure — Temporary injunction — Application to restrain mortgagee from selling mortgaged property pending suit — Application of Atilio v Mbowe three‑part test (serious triable issue, irreparable injury, balance of convenience)
Jurisdiction — inherent powers — limits where applicants fail to show triable issue or irreparable harm
Land law — Mortgage — sanctity of contract and mortgagee’s right to enforce
28 June 2024
28 June 2024
Grant of letters of administration under s.46 where sole executor died and statutory requirements were satisfied.
Civil procedure — Probate and administration act s.46 — Grant of letters of administration on death of sole executor
Civil procedure — Probate Rules r.46 — Form and evidential requirements (description/value of unadministered estate; death certificate/affidavit; affidavit of sole executor status)
Civil procedure — Procedural compliance
— Appointment of administratrix and no order as to costs
— public citation and absence of objections
28 June 2024
Absent evidence of unequal contribution, matrimonial assets are divided equally; appellate court erred in admitting additional evidence and reallocating shares.
Family law
— appellate courts should not admit fresh evidence unnecessarily
— burden of proof on party alleging greater contribution
— equal division where no evidence of differing contributions
— family matter — each party to bear own costs
— Matrimonial property — division
28 June 2024
28 June 2024
28 June 2024
Reference dismissed: failure to prove improper or late service of taxation notice does not render taxation proceedings incompetent.
Legal profession — Advocates remuneration order 2015 — Order 6(1) and (2): service of notice of taxation — competency of taxation proceedings
28 June 2024
28 June 2024
28 June 2024
28 June 2024
Valuation by unqualified officer and failure to hear the accused before trophy disposal rendered trophy evidence inadmissible, quashing that conviction.
Civil procedure — Remedies
— expunction may undermine and lead to quashing of conviction reliant on such evidence
— Illegally procured exhibits to be expunged
Criminal procedure — PGO No.229 — mandatory hearing of accused before Magistrate before disposal of perishable exhibits
Evidence
— valuation by unqualified person inadmissible
— Wildlife offences
28 June 2024
Appellate court allowed appeal: unread medical exhibit expunged and failure to consider defence rendered conviction unsafe.
Civil procedure — Appeal — First appellate court may re‑evaluate evidence and substitute findings of fact
Criminal law
— Documentary evidence
— failure
— Unnatural offence against a child — Proof beyond reasonable doubt — Weight of child’s testimony and corroboration by medical evidence
Criminal procedure — Duty to analyse defence evidence
28 June 2024
28 June 2024
28 June 2024