|
Citation
|
Judgment date
|
| December 2022 |
|
|
Applicant failed to prove exceptional circumstances or overwhelming appellate prospects to justify bail pending appeal.
* Criminal procedure – Bail pending appeal – Discretionary remedy under s.368(1)(a)(i) – Requires unusual or exceptional circumstances and overwhelming chance of success on appeal; * Evidence – Illness must be proven by medical evidence; * Appeal grounds – Must be apparent on face of record, not matters of factual disposition; * Balance of liberty versus administration of justice.
|
22 December 2022 |
|
Whether execution of a labour award should be stayed pending revision where withholding funds prevents irreparable loss to the applicant.
Labour law – stay of execution – Rules 25(1)-(9) Labour Court Rules – balance of convenience – irreparable harm – pending revision – withholding court-held funds – costs each party to bear.
|
22 December 2022 |
|
Section 15A(1) DCEA's "shall be liable to thirty years" is a maximum, not a mandatory minimum; sentences confirmed.
Criminal law — Narcotic trafficking — Interpretation of s.15A(1) DCEA: "shall be liable to imprisonment for a term of thirty years" construed as a maximum sentence permitting judicial discretion; trial courts' sentences confirmed.
|
21 December 2022 |
|
The applicant charged with transporting 161 kg of mirungi cannot be granted bail due to statutory prohibition.
* Criminal procedure — Bail — Applicability of specific statute versus general CPA provisions
* Drugs Control and Enforcement Act s.29(1)(b) — Bail prohibited where trafficking of cannabis/khart/other prohibited plant weighs 20kg or more
* EOCCA s.36(4)(f) — Bail barred for offences under the Drugs Control and Enforcement Act
* Weight threshold — Alleged 161kg of mirungi places accused within statutory prohibition
|
21 December 2022 |
|
Technical delay from court error and delayed Registrar response justified granting the applicant extension to file a review.
Extension of time — Section 14(1) Law of Limitation Act — technical delay due to court error/Registrar’s late response — application of Lyamuya criteria — rectification of judgment names — grant of extension.
|
16 December 2022 |
|
|
16 December 2022 |
|
Court granted one-day extension to file leave to defend, finding prompt action and sufficient cause.
Extension of time — Sufficient cause — Lyamuya guidelines — Accounting for delay — One-day delay held not inordinate — Affidavit averments not rebutted by counter-affidavit — Leave to defend in summary procedure (Order XXXV).
|
16 December 2022 |
|
Extension granted to file Bill of Costs because respondent's appeal processes constituted sufficient cause for delay.
Advocates Remuneration Order – extension of time to file Bill of Costs – whether respondent’s notice of appeal and leave to appeal constitute sufficient cause – discretionary nature of extension applications – uncontested application not automatically granted.
|
16 December 2022 |
|
Applicant failed to show good cause, proof of illness, or an apparent illegality to justify extension of time.
Labour procedure – extension of time – Lyamuya criteria for enlargement of time; technical delay and struck-out filings; requirement to account for whole period of delay; sickness must be proved by medical evidence; alleged illegality must be apparent on the face of the record.
|
15 December 2022 |
|
The court appointed the spouse as administratrix after finding her fit and directed filing of inventory and a final account within specified time frames.
* Probate – Letters of administration – Appointment of administratrix – Fitness, family endorsement and documentary proof (death certificate, affidavit of domicile, oath, bond) required for grant. * Probate procedure – Publication of public notice and absence of caveat. * Ancillary directions – filing of inventory and final account within specified time and mention to ascertain compliance.
|
15 December 2022 |
|
Court expunged an impartiality‑defective independent witness statement but upheld conviction, ruling drug‑law timing permits 24‑hour cautioned statements.
Criminal procedure — arrest outside officer’s region; internal movement orders administrative. Evidence — no prescribed number of witnesses; credibility over quantity. Independent witness — impartiality required; motorbike rider disqualified and statement expunged. Drugs Control Act — governs timing for cautioned statements (24 hours) ousting 4‑hour Criminal Procedure Act limit. Exhibits — non‑maker may tender a report if knowledgeable; minor weight discrepancies not fatal to prosecution case.
|
15 December 2022 |
|
Extension of time refused where wrong statutory provision was cited and delay lacked sufficient cause.
Limitation and extension of time – competence of application – specific provision (s.25(1)(b) MCA) versus general Limitation Act (s.14); appeals from district courts – copies of judgment/decree not mandatory; sufficiency of cause – delay, diligence and prejudice; illegality ground must be apparent on the face of record.
|
15 December 2022 |
|
Appeal allowed: jurisdiction valid but seizure defects and material contradictions created reasonable doubt, conviction quashed.
Jurisdiction — DPP consent and certificate; Search and seizure — section 38(3) CPA receipt required where no independent witness; Evidence — material contradictions between seizure certificate, handover forms and witness testimony; Valuation — game warden qualifies as wildlife officer; Trial irregularity — trial court’s failure to consider defence can be cured on appeal.
|
15 December 2022 |
|
The appellant's petition was timely: s.379(1)(b) time runs from receipt of copies, and the preliminary objection is overruled.
* Criminal procedure – Appeal by Director of Public Prosecutions – computation of time under s.379(1)(b) – time to obtain copies excluded; petition time runs from receipt of copies. * Preliminary objection – point of law v. factual inquiry – suitable where material facts are undisputed on record. * Notice of intention to appeal v. petition of appeal – omission of a respondent from the petition not fatal absent prejudice.
|
14 December 2022 |
|
Applicant failed to prove constructive termination; CMA's premature‑filing finding and award are upheld.
Employment law – Constructive termination – Burden on employee to prove employer made continued employment intolerable (s.36(a)(ii) ELRA) – Five‑point test – Premature filing – CMA award upheld.
|
14 December 2022 |
|
Written land sale valid; defendant breached by non-payment; plaintiff awarded USD 1,680,000, interest and costs.
Land law – validity of sale where seller is alleged foreign-owned company; frustration of contract – evidentiary burden; written contract supremacy over alleged verbal variations; breach for non-payment of purchase price; recovery of unpaid balance with contractual interest; costs.
|
14 December 2022 |
|
Court granted 14-day extension to lodge appeal after applicant showed sufficient cause and respondent raised no objection.
Criminal procedure — extension of time to file appeal — s.361(1)(b) CPA (45-day rule) — sufficient cause shown by affidavit (inability to obtain legal assistance) — no objection by respondent.
|
14 December 2022 |
|
High Court dismissed appeal, finding Ward Tribunal had jurisdiction, proper quorum, adequate reasoning, and evidence favored the respondent.
Land disputes — Ward Tribunal jurisdiction and valuation threshold; mediation requirement under Land Disputes Courts Act; quorum of Ward Tribunal; appellate review limited to points of law; assessment of evidence and legal reasoning in ward and district tribunals.
|
14 December 2022 |
|
Appeal dismissed: ward tribunal had jurisdiction, quorum present, mediation failure not fatal, evidence properly evaluated; costs awarded.
* Land law – jurisdiction of Ward Tribunal – valuation of disputed land and absence of valuation report. * Procedure – duty to mediate under Land Disputes Courts Act and effect of failure to mediate. * Tribunal composition – quorum requirements under Ward Tribunals Act. * Evidence – appellate review limited to points of law; evaluation of factual evidence and legal reasoning.
|
14 December 2022 |
|
Court quashes CMA award as premature, finding mis-citation harmless and no proof of dismissal.
Employment law — Revision of CMA award — incorrect statutory citation not fatal; Burden of proof — distinction between suspension and dismissal; Premature filing of unfair dismissal claim — insufficient proof of termination — CMA award quashed.
|
14 December 2022 |
|
Court granted a temporary injunction preventing sale of disputed mortgaged properties pending resolution and 90‑day notice.
* Civil procedure – Temporary injunctions (Mareva-type) – application under section 2(3) Judicature Act and section 95 CPC; Atilio v Mbowe tripartite test (serious issue, irreparable injury, balance of convenience).
* Mortgage and loan validity – dispute whether trustees authorised loan and mortgage of Plot Nos. 192 and 192/1.
* Interim relief – injunction granted pending expiration of 90-day notice to protect disputed property from sale/enforcement.
|
14 December 2022 |
|
Trial court’s failure to determine the respondent’s counterclaim nullified the judgment and ordered a retrial.
Civil procedure – Counterclaim – Counterclaim is a separate suit under Order VIII Rule 1(2) CPC – Trial court must determine both claim and counterclaim – Omission to decide counterclaim is fatal – Proceedings and judgment nullified and retrial ordered.
|
13 December 2022 |
|
Court found marriage irreparably broken, granted divorce, vested matrimonial property for the children, custody per prior order.
Family law – Divorce – irretrievable breakdown under section 107(2) LMA: factors include desertion, adultery, cruelty and voluntary separation; pleadings bind parties; division of matrimonial property in trust for children; custody orders from Juvenile Court subsist unless varied.
|
13 December 2022 |
|
An execution court must confine enforcement to the precise terms of the decree and cannot determine new ownership disputes.
Execution law – Order XXI, Rule 11 CPC – scope of executing court; conditional decretal language ('if any'); executing court cannot go beyond terms of decree or determine ownership; fresh suit required for controversies over ownership.
|
13 December 2022 |
|
Extension of time refused: alleged irregularities (assessors' opinions and questioning) were unproven and not apparent on the record.
Extension of time – whether good cause shown under Lyamuya guidelines; assessors’ opinions — requirement to give written opinion under regulation 19(2) but no duty to reproduce it in record; illegality must be apparent on face of record; burden to prove alleged improper questions under section 110 Evidence Act; no miscarriage of justice shown.
|
13 December 2022 |
|
Respondent’s admitted sale of attachable property and prolonged non-payment justified civil imprisonment unless decree paid within three months.
Execution — arrest and detention of judgment debtor as civil prisoner; Order XXI Rules 28, 35, 39(2) — bad faith, transfer/concealment of property and neglect to pay; Affidavits — advocate may depose on matters within personal knowledge (Order XIX r3(1)); Attachment of judgment/decree — not mandatory under Order XXI r10(2), court may require certified copy under r10(3); Evidence Act — judicial notice of court record.
|
13 December 2022 |
|
Petition seeking corporate reliefs dismissed: claims time‑barred and petitioner lacked locus standi.
* Companies law – shareholder/director status – locus standi to seek corporate remedies; * Limitation law – Item 21 Part III Schedule, Law of Limitation Act (60 days) – accrual of cause of action; * Civil procedure – preliminary objections, dismissal of time‑barred petitions.
|
12 December 2022 |
|
Application by alleged director/shareholder dismissed as time-barred and for lack of locus standi.
Companies law – Company registry particulars and locus standi – BRELA updates and caveat – Limitation: Item 21 Part III Law of Limitation Act (60 days) – Cause of action date – Time-barred applications must be dismissed.
|
12 December 2022 |
|
Appeal allowed: judgment set aside for failure to prove services and reliance on inadmissible/unstamped documents.
• Civil procedure — admissibility of documents — documents not annexed to plaint and not admitted as exhibits cannot be relied upon in judgment.
• Evidence — admissions — implied or ambiguous statements do not constitute explicit admission enabling judgment under Order XII Rule 4.
• Stamp Duty Act s.47 — instruments chargeable with stamp duty must be duly stamped before being acted on or admitted in evidence.
• Burden of proof — plaintiff must prove performance of contract and service of invoices to establish claim for specific damages.
• Appellate review — appellate court may re-evaluate evidence where there are misdirections or failures to prove essential facts.
|
12 December 2022 |
|
Applicant not entitled to contractual retirement gratuity because a valid trade-union negotiated 2014 CBA suspended that provision.
Labour law – Collective Bargaining Agreement – validity and binding effect of renegotiated CBA (2014) – trade union representation – suspension/deletion of retirement gratuity clause – section 71 Employment and Labour Relations Act – evidential burden to vitiate agreement.
|
12 December 2022 |
|
|
12 December 2022 |
|
Court upheld appointment of a co-administrator to protect beneficiaries' interests and dismissed the appeal.
Probate and administration — Appointment of administrator — Court’s discretion to appoint co-administrator — Beneficial interest and fitness to administer — Duty to protect heirs’ interests.
|
8 December 2022 |
|
Court allowed consolidation and amendment of defences and attachment of newly discovered documents, but refused a counterclaim under Order VI r.17.
Civil procedure – Amendment of pleadings – Order VI r.17 – Tests for amendment: necessary to determine real questions in controversy and not occasion injustice – Consolidation of multiple written statements of defence permitted – Addition of newly discovered documentary evidence permitted – Inclusion of counterclaim under Order VI r.17 not permissible (counterclaim constitutes separate suit).
|
8 December 2022 |
|
Applicant failed to show good cause or diligence for 127-day delay; extension to file review dismissed.
Criminal procedure — Extension of time (Rule 10) — Application for review (Rule 66(3)) — Requirement to account for each day of delay and show diligence — Manifest error on face of record — Withdrawal of file under s.91(1) Criminal Procedure Act.
|
8 December 2022 |
|
A CMA refusal of condonation that finally bars referral is revisable; proven sickness can justify extension of time.
* Labour law — condonation for late referral — requirements for 'good cause' — sickness proved by medical evidence can constitute good cause.
* Civil procedure — revision of CMA decisions — interlocutory vs final orders — refusal of condonation that forecloses filing is revisable.
* Preliminary objections — test for a pure point of law — Mukisa Biscuit applied; objections lacking legal foundation dismissed.
|
8 December 2022 |
|
Second appellate court dismissed challenge to administrator appointment and refused to entertain an unpleaded procedural ground.
* Probate and administration – appointment of administrator – evaluation of evidence and endorsement by family members.
* Appellate procedure – parties bound by pleaded grounds – late raising of new grounds not permitted when factual inquiry is required.
* Appearance of advocates – alleged non‑compliance with filing Form A – not a pure point of law and not entertained on appeal.
* Concurrent findings of fact – second appellate court will not disturb without shown misapprehension of evidence.
|
8 December 2022 |
|
Second appeal dismissed; appellate court will not entertain new factual grounds and will not disturb concurrent findings of fact.
* Probate and administration – appointment of administrator – evaluation of evidence and standard of proof – concurrent findings of fact by primary and district courts not lightly disturbed on second appeal. * Appeals – parties bound by grounds of appeal – new factual grounds cannot be raised for the first time on appellate review. * Civil procedure – requirements for raising points of law versus factual issues on appeal.
|
8 December 2022 |
|
Stay of execution granted pending set-aside application, conditional on deposit of specified security to prevent substantial loss.
Civil Procedure — Stay of execution — Order XXXIX r.5(3) CPC — Conditions: substantial loss, no unreasonable delay, security for due performance; Order XXI r.24(3) CPC — Court may require security or conditions; Undertaking to furnish security — may suffice if court prescribes timeframe; Stay granted pending set-aside of ex parte judgment subject to deposit of specified security.
|
7 December 2022 |
|
Unexplained change of tribunal chairpersons and lapse of assessors vitiates proceedings, requiring retrial de novo.
Land procedure – change of judicial officer in partly heard trial – successor judge must record reasons – assessor appointment lapse – integrity and transparency of proceedings – retrial de novo.
|
7 December 2022 |
|
Where killing occurs in a fight absent malice aforethought, the proper conviction is manslaughter, not murder.
Criminal law – murder vs manslaughter; malice aforethought under section 200 Penal Code; evidential weight of extra‑judicial statements where maker is absent for cross‑examination; deaths during fights/fracas and effect of intoxication/provocation; reliance on post‑mortem particulars to infer intention.
|
7 December 2022 |
|
|
7 December 2022 |
|
Uncorroborated hearsay and an inadmissible written statement failed to prove the accused's guilt beyond reasonable doubt.
* Criminal law – identification – visual identification must be watertight to exclude honest mistake; factors: duration, distance, lighting, prior acquaintance.
* Evidence – hearsay – statements relayed by witnesses who did not observe the crime are of no evidential value unless corroborated.
* Evidence Act s.34B – written statements of absent witnesses admitted under s.34B require corroboration before grounding conviction.
* Standard of proof – prosecution must prove murder beyond reasonable doubt; doubts must benefit the accused.
|
7 December 2022 |
|
Prosecution failed to prove link between accused and fatal neck injury due to unreliable post‑mortem and weak visual identification.
Criminal law – Murder – proof of death and cause; post‑mortem report reliability where clerical inconsistencies appear; visual identification – cautionary requirements (lighting, distance, duration, description, identification parade); alibi – evidential effect and prosecution's duty to link accused to death beyond reasonable doubt.
|
7 December 2022 |
|
|
7 December 2022 |
|
Appeal dismissed: insurer cannot raise unpleaded forgery or new issues on appeal; trial court had jurisdiction and award stands.
Insurance law – third‑party motor insurance – admissibility and challenge of insurance documents; civil procedure – pecuniary jurisdiction of Resident Magistrate Court; appellate review – cannot raise issues not pleaded or raised at trial; forgery allegations require pleading and proof; general damages discretionary and need not be strictly proved.
|
5 December 2022 |
|
Applicants failed to account for delay and show apparent illegality; extension of time to file revision refused.
Labour law – extension of time – applicant must account for all days of delay – Lyamuya principles applied; technical delay exception (Fortunatus Masha) distinguished – mere assertion of failure to evaluate evidence not illegality apparent on face of award – abuse of court process relevant to extension.
|
5 December 2022 |
|
Extension of time granted where tribunal’s delay in supplying judgment caused a technical delay preventing timely appeal.
Land law — Extension of time to appeal — Technical delay due to tribunal’s late supply of judgment — Application of Lyamuya factors — No inordinate delay; exercise of discretion to grant extension.
|
2 December 2022 |
|
CMA had jurisdiction, but award set aside because there was no fixed-term contract and the Arbitrator misconceived the complaint.
Labour law — jurisdiction of CMA to hear breach of contract claims; distinction between fixed-term and unspecified-period contracts; failure to frame preliminary issue on contract type; mischaracterisation of breach claim as unfair retrenchment; burden of proof in employment disputes.
|
2 December 2022 |
|
Appellate court permissibly consolidated grounds; appellant failed to prove kinship, so administrator’s appointment was upheld.
* Civil procedure – appeals – appellate court may consolidate grounds and frame issues; need not deal seriatim with grounds of appeal.
* Succession/Probate – appointment of administrator – family meeting minutes and venue are customary practice, not legal prerequisites for letters of administration.
* Evidence – burden of proof on person who alleges a fact (s.111 Evidence Act) – failure to prove kinship undermines objection to administration.
|
2 December 2022 |
|
Time awaiting a copy of the DLHT ruling is excluded from limitation; appeal was within time, short extension granted.
Land law – extension of time to appeal – computation of limitation – exclusion of period awaiting copy of judgment under section 19(2) Law of Limitation Act – appeal period under section 41(2) Land Disputes Courts Act – requirement of written request for copies.
|
2 December 2022 |