Results.
493 judgments found.
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December 2022
16 December 2022
16 December 2022
16 December 2022
16 December 2022
14 December 2022
14 December 2022
14 December 2022
14 December 2022
14 December 2022
14 December 2022
13 December 2022
12 December 2022
12 December 2022
12 December 2022
7 December 2022
5 December 2022
2 December 2022
Court granted a Mareva injunction restraining respondents from demolishing disputed structures until expiry of the 90-day statutory notice.
Land law — Land
— existence of triable issue on title
— injunction limited to pre-filing period
— irreparable harm risk and necessity of interim relief
— Mareva-type injunction to restrain demolition pending expiry of statutory notice
— statutory 90-day notice as legal impediment to suit
2 December 2022
November 2022
30 November 2022
Uncorroborated night-time visual and voice recognition was insufficient to prove murder beyond reasonable doubt; accused acquitted.
Criminal law — Murder
— alibi raising reasonable doubt
— identification/recognition evidence
— uncorroborated recognition insufficient to convict
— voice identification regarded as weak
30 November 2022
Witchcraft-based provocation can reduce murder to manslaughter if sudden shock deprived the accused of self-control.
Criminal law
— homicide
— Provocation — Witchcraft-based belief — Provocation available only if there is sudden shock depriving self-control
— sentencing — Time spent in custody and comparative precedents considered in fixing term
— where doubt exists, murder may be reduced to manslaughter
Evidence
— benefit to accused
— raises doubt
29 November 2022
Circumstantial and last‑seen evidence must exclude all reasonable hypotheses of innocence to convict the accused of murder.
Criminal law — Murder — Circumstantial and last‑seen evidence — Requirement to exclude every reasonable hypothesis of innocence
Criminal procedure — duty to call material witnesses — Failure to call material witnesses may attract adverse inference
Evidence — Witness credibility — Contradictions between police statements and in‑court testimony undermine prosecution case — Effect on reliability
28 November 2022
Oral admissions and cumulative circumstantial evidence established identity, mens rea and guilt for murder.
Criminal law
— identification — recognition of decomposed body by relatives and witnesses sufficient
— mens rea — malice aforethought may be inferred from conduct (delay in reporting, secret burial, attempts to flee)
— Murder
Evidence — Confession/admission — oral admissions to civilians and police admissible and probative
28 November 2022
25 November 2022
25 November 2022
23 November 2022
18 November 2022
Letters of administration granted to family‑nominated petitioner where publication complied and no objections filed; inventory due in six months.
Civil procedure — Probate and administration
— Family nomination as evidence for appointment of administrator
— Grant of letters of administration — Publication by general citation and absence of caveat — Non‑contentious petition
16 November 2022
11 November 2022
Admission of a certified photocopy insurance cover note without satisfying statutory requirements renders it inadmissible, justifying setting aside the judgment.
Evidence — appellate relief
— costs awarded to appellant
— judgment and decree set aside
Evidence — certified photocopy of insurance cover note — inadmissible
Evidence — Evidence act (ss.65–68) — admissibility of secondary evidence
Evidence — proof of insurance contract — broken by exclusion of exhibit
11 November 2022
11 November 2022
10 November 2022
Appeal dismissed: appellant failed to prove land ownership; ward tribunal decision and award of costs were upheld.
Civil procedure
— appeals from Ward Tribunal — Appellate review of findings based on weight of evidence and locus visit
— Costs — discretionary award of costs
— Ward Tribunal judgments — Order XX Rule 4 CPC not applicable to ward tribunals (Section 2 Civil Procedure Code)
4 November 2022
4 November 2022
4 November 2022
Extension of time granted where prison transfers prevented applicant from signing notice of intention to appeal; affidavit deemed credible.
Criminal procedure — Extension of time — inability to sign notice due to inter-prison transfers — affidavit certified by prison officer as evidence — delay beyond applicant's control
3 November 2022
Application to enter suit land for evaluation dismissed for lacking pleading support and due to an extant restraining order.
Civil procedure — pleadings and evidence — Whether a party may obtain court-ordered inspection/evaluation when no pleading or Notice of Additional Exhibits supports it — Order VI r 7 Civil Procedure Code, National Insurance Corporation v Sekulu Construction Co [1986] T.L.R. 157
2 November 2022
October 2022
Absence of assessors' recorded opinions nullifies DLHT proceedings and requires retrial before new chairman and assessors.
Land law — District Land and Housing Tribunal procedure — Mandatory participation and recorded opinions of assessors — s 23(2) Land Disputes Courts Act; Regulation 19(2) GN 174/2003
Civil procedure — Irregular record and omitted proceedings — Failure to record or read assessors' opinions — Serious irregularity requiring nullification and retrial
31 October 2022
31 October 2022
31 October 2022
31 October 2022
An ex‑parte judgment was set aside because substituted service by publication lacked court order and was uncertain.
Civil procedure
— ex‑parte judgment — Uncertainty of service as ground to set aside ex‑parte judgment and order re‑hearing
— Service of summons — Validity of publication in newspaper without court order
28 October 2022
A deed of settlement was recorded as consent judgment determining ownership, closing an easement, and each party bearing own costs.
Civil procedure
— Consent judgment — Recording deed of settlement as court judgment
— Costs — each party to bear own costs
Land law — Ownership and easement — Determination of private land and termination of easement
28 October 2022
28 October 2022
28 October 2022
28 October 2022
28 October 2022
28 October 2022
Attachment and sale of a residential house occupied by debtor and spouse is void; property must be returned after debt payment.
Civil procedure
— Attachment and sale of property — challenge by spouse claiming matrimonial/home exemption
— costs borne by parties
— Decretal amount paid
— return of property
28 October 2022
An equivocal guilty plea, exacerbated by language barriers and procedural defects, vitiated the conviction and required a retrial.
Criminal law — Plea of guilty
— appeal from plea of guilty permissible in limited circumstances
— conviction and sentence quashed where procedure not followed
— Equivocal plea
— language barrier and need for interpreter
28 October 2022