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Citation
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Judgment date
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| June 2023 |
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Applicant's short, explained delay and demonstrated diligence justified a 14-day extension to file an appeal.
Extension of time – sufficient cause – accounting for delay – short/technical delay – residence and logistical difficulties – diligence vs. apathy – discretion to grant extension.
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30 June 2023 |
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Appellant's forgery challenge and alternate contract failed; respondent proved breach on balance, appeal dismissed.
Evidence Act (ss.110–111) – burden of proof in civil claims – claimant must prove case on balance of probabilities. Contract evidence – genuineness of a written agreement and effect of alleged forgery – requirement to plead fraud and report to authorities. Pleadings – particulars of fraud must be pleaded; failure weakens challenge to documentary evidence. Credibility – testimonies of casual construction workers admissible to prove works even without written contracts/receipts. Damages – general damages discretionary once breach is proved.
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30 June 2023 |
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Failure to join the seller in a disputed land sale is fatal and warrants quashing lower tribunals' decisions.
Land law — Joinder of parties — Where defendant claims land by purchase, seller and buyer are necessary parties; non-joinder is fatal; Order 1 Rules 1,3,9 CPC; revisionary powers under s.43(1)(b) LDCA.
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30 June 2023 |
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An unchallenged tribunal decision on land ownership permits criminal trespass prosecution despite competing ownership claims.
Criminal law – Criminal trespass – Mens rea – Knowledge of lack of permission; Land law – Effect of prior unchallenged Ward Tribunal ownership decision; Jurisdiction – Criminal prosecution permitted where ownership already adjudicated; Evidence – Subsequent customary right does not displace final tribunal finding.
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30 June 2023 |
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Oral agreement and witness testimony proved obtaining money by false pretence; appeal dismissed and conviction upheld.
Criminal law – obtaining money by false pretence: ingredients (false representation and intent to defraud); Evidence – oral agreements admissible and provable by witness testimony and conduct; Criminal procedure – failure to cross-examine on material issues may be treated as admission; Appellate review – second appeal will not disturb concurrent findings absent misdirection or non-direction.
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30 June 2023 |
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An administrator’s post‑appointment claim cannot revive a time‑barred land action; prior final judgment bars relitigation.
Land law – limitation period – recovery of deceased’s land – cause of action accrues on date of deceased’s death (Law of Limitation Act s.9(1)). Civil procedure – res judicata – prior final judgments between same parties on same land bar subsequent suits. Probate/administration – appointment of administrator does not revive time‑barred land claims. Evidence – knowledge of prior proceedings and finality of earlier decisions relevant to limitation and res judicata.
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30 June 2023 |
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Court upholds unfair dismissal finding, reduces CMA compensation from 18 to 12 months, and dismisses challenge to delayed Award.
Labour law — unfair dismissal for poor performance — employer’s duties to investigate, train and afford reasonable time to improve (Rules 13, 17, 18); Arbitrator’s discretion to award compensation exceeding 12 months; delayed CMA Award — justification and prejudice required to set aside.
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30 June 2023 |
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Appeal allowed: conviction quashed due to expunged exhibits and material prosecutorial contradictions undermining proof.
Criminal law – unlawful possession of government trophy – identification and proof of trophy ownership and permit requirements; Evidence – requirement to read admitted documents aloud to accused; expungement of exhibits not read aloud; Evidence – contradictions and inconsistencies in prosecution witnesses; effect on proof beyond reasonable doubt; Procedure – admissibility and handling of seizure/inventory documentation; adverse inference against prosecution.
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28 June 2023 |
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Appellate court re-evaluated evidence and dismissed appellant’s claim, upholding respondent’s ownership finding.
Land law – ownership dispute – evaluation and re-evaluation of evidence by first appellate court; burden of proof in land claims; materiality of witness contradictions; locus in quo inspection; procedural change of Tribunal chairperson not fatal.
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28 June 2023 |
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Appeal dismissed: certificate of seizure valid as receipt, conservation ranger competent valuer, evidence proved; conviction upheld.
Criminal procedure – seizure and receipt – a certificate of seizure listing seized items can substitute for a separate receipt (s.38(3) CPA). Wildlife Conservation Act – valuation certificates – conservation/game ranger falls within the definition of wildlife officer competent to sign evaluation certificates (s.86(4) WCA). Evidence – burden of proof in WCA offences – prosecution’s prima facie case shifts evidential burden to accused (s.100 WCA; Evidence Act principles). Charge particulars – minor discrepancies curable under s.388(1) CPA. Chain of custody – documentary proof can validate chain despite absence of a handing witness (s.195(1) CPA considerations).
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28 June 2023 |
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27 June 2023 |
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A court must substitute a deceased party with a legal representative before proceeding, otherwise its judgment is void.
Civil procedure – Death of a party – Order XXII Rule 4 CPC – Mandatory substitution of legal representative or abatement – Proceeding ex parte without substitution vitiates proceedings; judgment quashed.
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26 June 2023 |
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Appeal allowed: prosecution failed to prove statutory rape beyond reasonable doubt due to defective exhibits, uncertain age and weak identification.
Criminal law – statutory rape and rape – elements: age, penetration, and identification – necessity of proving age and identity beyond reasonable doubt. Evidence – tendering of documents – prosecutor should not improperly tender exhibits or fail to have them read aloud; irregularly tendered exhibits lack evidential value and may be expunged. Medical evidence – pregnancy may indicate prior sexual intercourse but may not prove penetration months later. Criminal procedure – doubts resolved in favour of accused; ambiguous trial judgments undermine convictions.
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26 June 2023 |
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Second appellate court dismissed appeal; ward tribunal had jurisdiction, valid quorum, and no procedural or evidential defects.
Land disputes — Ward Tribunal jurisdiction — pecuniary limit must be evidenced; Ward Tribunal composition versus quorum; locus standi and non-joinder; limitation and adverse possession — evidential basis required; right to be heard — attendance and summons; scope of second appeal.
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26 June 2023 |
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Certificate refused: alleged defects were factual or already determined, so no point of law certified; application dismissed with costs.
Land law — Certificate of point of law under s.47(2)&(3) Cap.216 — High Court must critically assess and not forward purely factual issues to Court of Appeal. Appellate limitation — High Court final on facts in land disputes; certificate reserved for legal questions. Procedure — Alleged procedural irregularities and unraised complaints are not automatically certifiable as points of law. Right to be heard — Denial of certification does not equate to denial of hearing where parties were heard in lower forums.
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26 June 2023 |
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Court remitted boundary dispute for locus in quo visit and fresh judgment, finding tribunal erred in ordering demolition without inspection.
Land law – boundary disputes; locus in quo inspection in land matters; weight of land officer evidence; remittal for site inspection and fresh judgment.
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26 June 2023 |
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Whether the appellant could challenge sale of matrimonial land absent spousal consent and despite non-joinder of parties.
Land law; matrimonial property — spousal consent required under section 59; non-joinder of necessary parties fatal; locus standi of spouse; appellate review of evidence.
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26 June 2023 |
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Post-contract negotiations do not revive limitation; the plaintiff's contract claim dismissed as time-barred.
Civil procedure – limitation period (six years) for contract claims; accrual of cause of action; Order VII Rule 6 – requirement to plead grounds for exemption when suit is filed after limitation; correspondence/negotiation does not revive or extend limitation period; dismissal of time-barred suit.
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23 June 2023 |
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Conviction quashed where identification and prosecution evidence were unreliable and the case was not proved beyond reasonable doubt.
Criminal law – Cattle theft – burden on prosecution to prove asportation and animus furandi beyond reasonable doubt; visual identification – Waziri Aman factors; unreliable identification and unexplained delays can render a conviction unsafe.
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23 June 2023 |
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Extension of time granted due to an apparent jurisdictional illegality despite insufficient sickness evidence.
Extension of time – sufficient reasons; sickness as ground – requirement to explain how illness caused delay and provide supporting evidence; duty to account for each day of delay; apparent illegality on face of record – jurisdictional defect (land dispute) as sufficient ground for extension.
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23 June 2023 |
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Temporary injunction granted to protect applicant’s claimed 7.5-acre farm pending determination of the main land suit.
Civil procedure – interlocutory injunction – requirements: prima facie case; irreparable harm; balance of convenience.* Land disputes – possession v. allocation by village authority – injunction pending adjudication of title.* Lack of formal title does not automatically bar interlocutory relief where a fair question of right and risk of irreparable harm exist.
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23 June 2023 |
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Grant of administration revoked for failure to exhibit accounts; applicant not shown fit to be appointed.
Probate law – Revocation of letters of administration – s.49(e) and s.107(1) of the Probate and Administration of Estates Act – wilful omission to exhibit inventory/accounts. Probate procedure – Requirement to file inventories/accounts in Form No.80 and Rule 106 compliance. Extensions of time – necessity to seek court extension where administration delays occur. Appointment of administrator – fitness and connection to estate required before appointment.
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23 June 2023 |
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Appeal held maintainable because dispute over sale makes both vendor and purchaser necessary parties.
Civil procedure — Maintainability of appeal; necessary parties; Order I Rule 10(2) Civil Procedure Code — whether sale agreement dispute makes vendor and purchaser necessary parties to appeal; appeal against co-defendant/judgment debtor.
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23 June 2023 |
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Applicant granted leave to defend summary suit where reconciliation issues raised a bona fide, triable dispute over claimed employee contributions.
Civil procedure – summary suit – leave to defend – requirement to show triable issues, bona fide or reasonable defence.* Evidence – account reconciliation and missing payroll/payslips as basis for disputing claimed statutory contributions.* Interpretation – courts should decide rights and avoid denying defence for procedural insufficiencies; sham or dishonest defences may be refused.
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23 June 2023 |
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Three accused convicted of manslaughter for abetting a mob killing; two accused acquitted for lack of proof.
Criminal law – mob justice killing; murder v. manslaughter; alibi defence – proof and credibility; aiding and abetting under section 22 of the Penal Code; cautioned/retracted statements – caution and corroboration; standard of proof beyond reasonable doubt.
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23 June 2023 |
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Conviction for murder based on last-seen circumstantial evidence and concealment of the victim's motorcycle.
Criminal law — Murder: conviction on circumstantial evidence; last-seen doctrine; proof beyond reasonable doubt; concealment and recovery of victim's property; failure to cross-examine key witness.
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23 June 2023 |
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23 June 2023 |
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22 June 2023 |
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Conviction set aside where contradictory evidence, delayed reporting and credibility doubts created reasonable doubt.
Criminal law – burden of proof beyond reasonable doubt; contradictions in witness testimony; delay in reporting alleged offence; credibility affected by ongoing land dispute; failure to produce alleged weapon as exhibit.
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21 June 2023 |
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21 June 2023 |
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Unrecorded judicial remarks on appellant's demeanour breached section 212 CPA, rendering the trial unfair and prompting a retrial.
Criminal procedure – section 212 CPA – mandatory recording of material remarks on witness/accused demeanour; non‑compliance risks unfair trial and judicial bias – consequence: quashing proceedings and ordering retrial; issues on independent witnesses and section 231 (case to answer) raised but not determined.
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21 June 2023 |
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Applicant failed to prove contractual breach; CMA award based on s.40(1)(c) ELRA was inapplicable and set aside.
Labour law – breach of contract versus unfair termination; evidence of resignation/abscondment; admissibility and effect of termination letters and job cards; inapplicability of s.40(1)(c) ELRA to claims framed as breach of contract; scope of Labour Court revision powers under Rule 28(1)(e).
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21 June 2023 |
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Appeal allowed: best interests and child’s bond with mother outweighed father’s domicile and finances, custody awarded to mother.
Family law – Child custody – Application of ‘best interests of the child’ principle under Law of the Child Act (ss.4, 26, 39). Presumption favouring mother for children below seven years. Role and weight of social welfare report in custody determinations. Known domicile and financial stability are not alone determinative of custody. Appellate fresh review of custody evidence.
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21 June 2023 |
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Failure to file the mandatory Rule 5(2) statement renders a leave application for judicial review incompetent and incurable.
Judicial review – Procedural requirements – Rule 5(2) Law Reform (Judicial Review) Rules 2014 – mandatory requirement of a separate statement accompanying a leave application; failure fatal and incurable by amendment. Administrative law – leave to apply for certiorari and mandamus – joinder of Attorney General when government is party – no ex parte hearing against government. Civil procedure – preliminary objections – points of law may be raised even where relief is discretionary.
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20 June 2023 |
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Leave to appeal granted where applicants demonstrated a prima-facie arguable appeal, notably on validity of the sale agreement (exhibit R1).
Appellate procedure – Leave to appeal to Court of Appeal – Discretionary test – Prima facie/arguable appeal required. Evidence – Admissibility and consideration of documents (photocopies, exhibit R1) on appeal. Civil procedure – Appellate fairness – right to be heard when considering new exhibits at appellate stage. Land disputes – ownership challenges and evaluation of trial testimony and exhibits.
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20 June 2023 |
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Contradictory claimant evidence and corroborated respondent evidence warranted dismissal; no need to investigate the challenged sale agreement.
Land dispute; ownership versus possession; credibility of witnesses; reliance on documentary evidence alleged forged; no necessity for police investigation where corroborated oral evidence suffices.
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20 June 2023 |
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Failure to obtain leave to join the insurer precludes shifting liability; special damages unproven, general damages for amputation upheld.
Third-party procedure – Order I Rules 14–17 – leave required to file third-party notice; Failure to join insurer prevents shifting liability. Civil evidence – special damages must be specifically pleaded and strictly proved with documentary evidence. General damages – discretionary award for permanent disability (amputation) and appellate reluctance to disturb trial court's exercise of discretion. Interest and costs – upheld.
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20 June 2023 |
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An executing court must implement an unappealed ward tribunal decree; procedural defects do not bar execution without appeal.
Execution of decrees – Role of executing court: duty to implement but not alter or remake decrees; Interpretation only; Unappealed ward tribunal decrees are executable; Procedural defects at trial do not bar execution absent appeal (Section 19, Land Disputes Courts Act).
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20 June 2023 |
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Trial court lacked jurisdiction due to unendorsed DPP consent and certificate; proceedings quashed and appellant released.
Criminal procedure – jurisdiction under Economic and Organized Crimes Act – requirement of DPP's consent and certificate endorsed in court; absence renders trial a nullity. Evidence – chain of custody and exhibit handling issues (raised but not determined due to jurisdictional ruling). Wildlife offences – valuation and identification of government trophies; procedural compliance with seizure/receipts (issues noted).
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20 June 2023 |
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Expunged improperly admitted valuation report but upheld conviction and compensation on credible oral and expert evidence.
Criminal law – malicious damage to property; admissibility of documentary valuation report – procedural fairness and right to be heard; weight of eyewitness and expert oral evidence; adverse inference for non-called witnesses; compensation valuation; appeal dismissed with costs.
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20 June 2023 |
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Ex‑parte land judgment set aside because absence of assessors rendered the court’s composition jurisdictionally defective.
Civil procedure — Setting aside ex‑parte decree — Order IX Rule 9 — requirement to show sufficient cause. Evidence — sickness alleged but unsupported — medical proof required for non‑appearance. Advocacy — negligence of counsel not ordinarily sufficient cause; party’s duty to follow case. Jurisdiction — composition of court in land matters; failure to offer/seat assessors touches jurisdiction. Procedural irregularities — notice, awards of damages, duplicate decrees do not automatically invalidate judgment unless jurisdiction or right to be heard is affected.
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19 June 2023 |
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Appeal dismissed: alleged procedural defects were either unargued, non-prejudicial, or not fatal, and respondents proved ownership.
Land disputes — ownership and possession — weight of evidence and corroboration; Procedural irregularities — assessors’ participation, change of chair, interpreter oath and reading pleadings — new grounds on appeal and requirement of leave; Pleadings — capacity of plaintiff (administrator) and effect of defective title — not fatal where capacity undisputed.
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19 June 2023 |
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The appeal succeeded because the respondent failed to prove purchase and title to the disputed land.
Land dispute – burden of proof – sale agreement – discrepancy in acreage and seller identity – failure to call witnesses – re-evaluation of evidence on first appeal – setting aside DLHT decision.
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19 June 2023 |
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Uncorroborated cautioned statements, defective identification and broken forensic chain led to acquittal on terrorism and related charges.
Terrorism — jurisdiction and retrospective operation of EOCCA scheduling; duplicity of charge; admissibility and voluntariness of cautioned statements; need for corroboration of retracted confessions; reliability and procedure of identification parades; chain of custody and forensic corroboration; burden of proof in terrorism/murder cases; fair trial concerns from prolonged delay.
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19 June 2023 |
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Applicants failed to account for delay and alleged irregularity was not apparent on record; extension of time refused.
Civil procedure – Extension of time – Applicant must account for all days of delay, show diligence and that delay is not inordinate (Mbogo; Lyamuya). Advocate's negligence or inaction does not automatically constitute good cause for extension. Illegality as ground for extension must be apparent on the face of the record; non-apparent irregularities cannot justify enlargement of time.
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17 June 2023 |
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The appellant's conviction was quashed because the plea was equivocal and must be retaken by another magistrate.
Criminal procedure – Plea of guilty – requirements for unequivocal plea (language of court, explanation of charge and sentencing consequences, pleading to each ingredient) – Equivocal plea vitiates conviction – Mitigation cannot cure defective plea – Remedy: quash conviction and retake plea.
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16 June 2023 |
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A closed probate cannot be re-opened to revoke already discharged administrators; the proper remedy is a civil suit, and the VEO appointment was void.
Probate law – re-opening of closed Probate and Administration Cause – administrators functus officio – revocation after closure impermissible. Remedies – aggrieved heir should sue administrators/persons in possession in personal capacity; Rule 8 (5th Schedule) and authorities applicable. Appointment of administrators – court must ascertain willingness, suitability and impartiality; appointment of VEO without such inquiry is nullity.
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16 June 2023 |
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Registry-naming defect excused; limitation objections deferred as factual issues requiring trial evidence.
Jurisdiction – naming of 'Land Division' in plaint – technical defect; High Court jurisdiction preserved by legislative amendment and overriding objective; Limitation – Order VII r.6 CPC requires pleading grounds for exemption under the Law of Limitation Act; acknowledgement, part payment and continuing breach are factual matters not resolvable on preliminary objection.
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16 June 2023 |
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A suit seeking to re‑open a closed probate administration is untenable; former administrators are functus officio and must be sued personally if appropriate.
Probate and Administration – closed administration – administrators functus officio – completed duties and exhibited inventory/accounts preclude reopening of administration. Probate and Administration – remedies against former administrators – civil action in personal capacity under ss.138–139, or criminal proceedings for fraud. Civil procedure – competency of suit – claims premised on reopening closed probate are untenable and may be struck out. Liability of legal personal representative – cannot be held liable for matters relating to a separate closed estate’s administration.
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16 June 2023 |
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Administrator of surviving spouse lacked locus standi to enjoin sale of property still part of deceased husband’s undeclared estate.
Probate & Administration – locus standi – administrator of surviving spouse lacks standing to litigate property still forming part of deceased spouse’s estate where letters/inventory absent. Succession – right of survivorship does not operate automatically without probate/distribution. Civil procedure – temporary injunction – application of Atilio v Mbowe principles (serious triable issue, likelihood of success, irreparable injury, balance of convenience). Execution – protection of decree holders’ rights against interlocutory challenges based on pending probate.
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16 June 2023 |