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Citation
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Judgment date
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| November 2024 |
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8 November 2024 |
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Extension of time granted where technical delay and alleged illegality in tribunal’s premature res judicata ruling justified appeal.
Land appeal — extension of time under section 41(2) LDCA — technical delay excused where initial appeal struck out — counsel’s registry error — negligence versus sufficient cause — alleged illegality (premature determination of res judicata preliminary objection) as ground for extension.
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8 November 2024 |
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The applicant failed to prove an oral purchase; adverse possession was inapplicable, so the appeal was dismissed with costs borne by each party.
* Land law – proof of transfer – oral sale vs written agreement; burden of proof (s.110 Evidence Act); adverse possession – requirements and incompatibility with asserted purchase; credibility and delay in producing witnesses.
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8 November 2024 |
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8 November 2024 |
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An appeal was struck out as incompetent because the grounds challenged the trial court instead of the first appellate court.
Civil procedure – Appeal competency – Grounds of appeal must properly identify the impugned judgment – Misidentifying the first appellate court as the trial court renders appeal incompetent and liable to be struck out – Amendment may be permitted if error discovered early – Costs: each party bears own costs.
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7 November 2024 |
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7 November 2024 |
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Appellate court dismissed challenge to statutory rape conviction, finding age, medical evidence and confession adequately proved.
* Criminal law – statutory rape – proof of victim’s age by testimony and medical estimate; PF3 admissibility and evidential weight.
* Criminal procedure – confession – single voluntary admission sufficient.
* Criminal procedure – plea irregularity/voires dire – non-prejudicial procedural defects and current precedent on child evidence.
* Evidence – medical examination delay – not necessarily fatal absent proof of prejudice.
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7 November 2024 |
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Whether plots distributed by family custom and improved during marriage are matrimonial assets subject to equal division and discretionary spousal maintenance.
* Matrimonial property – division – whether land distributed by family customs and improved during marriage constitutes matrimonial assets under section 114(3) of the Law of Marriage Act.
* Customary distribution of deceased estate – evidential weight and legal recognition for division in matrimonial proceedings.
* Maintenance – spousal maintenance is discretionary; obligation to maintain children and asset division may negate need for spousal maintenance.
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7 November 2024 |
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Execution cannot lawfully proceed where original trial records are missing; execution order set aside.
Land disputes – Execution of decree – Missing records of trial (ward) tribunal – Executing tribunal must ascertain existence/authenticity of underlying judgment – Revisional jurisdiction under s.43 Land Disputes Courts Act – Nullification of execution order.
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7 November 2024 |
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Denial of the appellant's right to be heard vitiated tribunal proceedings; judgment and decree were quashed on revisionary grounds.
* Administrative law – Natural justice – Right to be heard; denial of hearing vitiates proceedings and renders judgment a nullity; appellate court may entertain points of law not raised at trial. * Evidence – Admission of affidavit evidence from a party abroad – procedural requirements and need for legal foundation. * Land law – Clan land disputes – remedies include nullification when tribunal proceedings are invalid. * Revisionary jurisdiction – Section 43(1)(a)(b) Land Disputes Courts Act – power to revise, quash and set aside tribunal proceedings.
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7 November 2024 |
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Revision dismissed: dismissal found substantively and procedurally unfair for failure to comply with statutory retrenchment requirements.
Employment law — proof of contract (unsigned documents and lost records) — retrenchment for operational requirements — requirement to disclose and consult under s.38 ELRA — procedural and substantive fairness of dismissal — compensation as remedy for unfair termination.
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7 November 2024 |
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The District Court lacked jurisdiction because the respondent appealed the wrong ruling; its decision and retrial order were quashed.
Civil procedure — Jurisdiction of appellate court — Appeal against wrong order — leave to appeal out of time — No valid appeal renders subsequent proceedings null — Probate procedure — inclusion of personal property in estate distribution — magistrate’s sua motu decision and retrial set aside.
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6 November 2024 |
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Tribunal’s striking out of defence and counterclaim without hearing violated right to be heard; retrial ordered.
* Procedural law – right to be heard (audi alteram partem) – tribunal must not proceed ex parte where party present but unrepresented; should adjourn or allow substitution.
* Civil procedure – amendment and misjoinder – wrongly joined parties’ names may be struck out or amended; entire pleadings should not be defeated for misjoinder.
* Civil procedure – functus officio – prior order closing pleadings must be vacated before permitting further pleadings.
* Remedy – where proceedings are tainted by denial of hearing and procedural irregularities, judgment may be quashed and retrial ordered.
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6 November 2024 |
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Leave to defend a summary suit granted where affidavit disputing claimed amount disclosed a triable issue.
* Civil procedure – Summary suit (Order XXXV CPC) – Leave to appear and defend – Defendant must show by affidavit an arguable/triable issue. * Affidavit – sufficiency – documentary annexures not always required where affidavit discloses antagonistic matters with the plaint. * Procedure – timelines for filing defence and reply; costs each party to bear own costs.
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6 November 2024 |
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Court quashed administrator's appointment for procedural irregularity and ordered previous probate resumed; appellants failed to prosecute appeal.
* Probate procedure – opening a fresh probate file while an earlier probate matter remains pending – legitimacy of administrator's appointment.
* Civil procedure – deviation from grounds of appeal – failure to prosecute appeal.
* Revisionary jurisdiction – section 44(1) Magistrates' Courts Act – nullification and quashing of lower courts' proceedings and orders.
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6 November 2024 |
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A land tribunal lacks jurisdiction to determine ownership of property forming part of a deceased estate.
Land law – Jurisdiction – Determination of ownership of property alleged to form part of a deceased estate falls within probate court jurisdiction; land tribunals lack competence to decide such matters; appellate quashing of tribunal’s decision for want of jurisdiction.
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6 November 2024 |
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An informal sale agreement is valid if parties intended to be bound; appellant failed to prove superior title.
Land law – validity of informal sale agreements entered by lay parties – technical omissions not fatal where parties intended to be bound; proof of title – inheritance and transfer without probate in appropriate circumstances; neighbour’s consent not required for sale; evaluation of evidence and doctrine favoring documentary over unproduced oral claims.
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6 November 2024 |
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A land tribunal lacks jurisdiction over ownership disputes tied to unresolved probate administration; appeal dismissed with costs.
* Jurisdiction – Land tribunal – Lack of jurisdiction where dispute involves unresolved probate/administration of deceased estate.
* Probate law – Administration incomplete – Administratrix dying before distribution prevents vesting of estate in heirs.
* Locus standi – Administrator of a descendant’s estate cannot claim property that remains part of an undecided ancestor’s estate.
* Forum – Ownership disputes dependent on probate matters must be determined by probate court.
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6 November 2024 |
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5 November 2024 |
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The appellant failed to prove redemption or adverse possession; an invalid will was rightly rejected and the appeal dismissed with costs.
* Land law – proof of ownership – redemption and adverse possession – standard of proof: balance of probabilities; * Evidence – assessors’ opinions – chairman may differ if reasons given and evidence evaluated; * Documentary evidence – validity and admissibility of wills under customary-law formalities; * Appeal – re-evaluation of evidence and dismissal for lack of merit.
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5 November 2024 |
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A land tribunal lacks jurisdiction to decide ownership of land forming part of a deceased estate; probate court has exclusive jurisdiction.
* Jurisdiction – Probate vs. Land Tribunal – ownership of land forming part of deceased estate falls within probate court jurisdiction and not the District Land and Housing Tribunal.* Civil procedure – proceedings and judgment of a tribunal are nullity if the tribunal lacks jurisdiction.* Appellate review – jurisdictional defects may dispose of an appeal without determination of other grounds.
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5 November 2024 |
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Applicant's revision application struck out for failure to comply with regulation 34(1) and Labour Court Rules 46(1)–(3).
* Labour law – Revision of CMA award – Procedural requirements – Affidavit must not contain prayers; offending paragraphs may be expunged. * Employment and Labour Relations (General) Regulations, G.N. No.47/2017 – regulation 34(1) – mandatory requirement to file Form No.10 (notice of intention to seek revision). * Labour Court Rules, G.N. No.106/2007 – rule 46(1)–(3) – mandatory index and pagination for notice of application; non-compliance renders application incompetent. * Overriding objective cannot cure mandatory procedural defects in labour revision applications.
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5 November 2024 |
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Expert exhibits expunged for chain‑of‑custody and non‑attendance, yet victim’s credible testimony upheld statutory rape conviction.
* Criminal law – Statutory rape – proof of age, penetration and identity – victim's evidence as primary proof; * Evidence – expert reports – requirement to prove chain of custody for forensic reports; * Evidence – PF3 (medical report) – author or competent medical witness must be available for cross‑examination; * Witnesses – non‑production of non‑material witnesses not necessarily fatal; * Search and seizure – alleged lack of independent witness to search considered but prosecution case remained strong.
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4 November 2024 |
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Appeal dismissed—registered land ownership upheld; purchaser entitled to removal or compensation for improvements on wrongly sold land.
Land law – registered land – documentary evidence prevails over oral evidence; nemo plus iuris – seller without title cannot pass good title; duty on purchaser to conduct land searches; locus in quo visits discretionary; purchaser’s remedy for improvements on wrongly acquired land (removal or valuation/compensation).
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4 November 2024 |
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Appeal dismissed: land description sufficient; exhibits properly excluded; respondent’s evidence heavier, ownership upheld.
* Land law – sufficiency of land description – location, neighbours and measured paces may suffice; decree omissions rectifiable.
* Evidence – admissibility of documents before District Land and Housing Tribunal – compliance with Regulation 10 of G.N. No. 174/2003 (annexure and service) required.
* Proof of clan land ownership – failure to call deceased witnesses excused where alternative credible witnesses and eyewitness testimony exist.
* Civil standard – evaluation on balance of probabilities; weight of evidence governs outcome.
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4 November 2024 |
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Alleged illegality of a CMA award must be apparent on the record to justify extension of time for revision.
Labour law – Extension of time – sufficient cause – illegality apparent on the face of the record as exception to strict delay accounting; res judicata and functus officio – conversion of CMA settlement into executable award; duty to account for delay.
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4 November 2024 |
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Appeal dismissed where land was adequately identified at execution hearing; decree rectification is sought at executing tribunal.
* Land law – Execution of decree – Requirement for description of land for execution – Adequacy of description supplied at execution hearing.
* Civil procedure – Execution proceedings – Remedy to challenge an inadequately described decree is by application to the executing tribunal for rectification.
* Evidence – Appeal proceeding ex parte where respondent absent; abandonment of grounds of appeal.
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4 November 2024 |
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Borrower who withdrew loan cannot later avoid repayment due to an unrenewed licence or alleged uninsured loss.
Contract law – loan agreement – borrower’s acceptance by withdrawal and use – obligation to repay; Pleadings – parties bound by pleadings and inability to change case; Evidence – failure to prove loss and insurance coverage; Second appeal – interference only for misdirection or injustice; Typographical errors – harmless if no miscarriage of justice.
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1 November 2024 |
| October 2024 |
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31 October 2024 |
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Proceedings are void where a child is tried without the statutory age inquiry; conviction quashed and retrial ordered in Juvenile Court.
* Law of the Child Act s.113 – duty to conduct age inquiry where accused appears to be a child – mandatory requirement.
* Jurisdiction – trial of a person who is a child by a court of general jurisdiction without age inquiry is a nullity.
* Criminal Procedure Act s.372 – revisional powers to nullify proceedings, quash conviction and set aside sentence.
* Law of the Child Act s.101 – bail and recognisance for children pending juvenile proceedings.
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31 October 2024 |
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31 October 2024 |
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Arrest based on reasonable police report negates false imprisonment claim; damages require proven economic loss.
Tort – False imprisonment – elements required: deprivation of liberty, lack of reasonable/probable cause, malice, absence of consent; Informer liability – no tort where report made on reasonable suspicion and without malice (Rudolf Chavula); Jurisdiction – distinction between land dispute and tort; Damages – claimant must prove economic loss to sustain general/economic damages.
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29 October 2024 |
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District Court lacked territorial jurisdiction; conviction quashed and retrial ordered in competent district court.
Criminal procedure — Territorial jurisdiction of district courts — Magistrates Courts Act s.4(1)-(2) — Trial in wrong district — Proceedings nullity — Conviction quashed and sentence set aside — Retrial ordered in competent district court.
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29 October 2024 |
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Prisoner’s late-filed notice treated timely if prison authority delayed transmission; conviction overturned for failure to prove theft beyond reasonable doubt.
Criminal law – Theft – Proof beyond reasonable doubt – Ingredients of stealing and need to prove ownership and dishonest appropriation; Evidence – Suspicion insufficient for conviction; Criminal procedure – Notice of intention to appeal filed by prisoner – delay caused by prison authorities treated as not attributable to prisoner.
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25 October 2024 |
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Adoption granted where statutory requirements met and adoption found to be in the child's best interest.
Adoption law – statutory requirements for adoption – best interest of the child – validity of parental and Ministry consents – reliance on Social Welfare Investigation Report.
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25 October 2024 |
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Review dismissed: procedural defects and no error apparent where counsel abandoned grounds; review cannot substitute for appeal.
Civil procedure – Review – Order XLII Rule 3 requires memorandum of review with grounds; affidavit not proper substitute – Error apparent on face of record – abandonment of grounds – review is not an appeal.
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25 October 2024 |
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25 October 2024 |
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Appellant failed to prove the disputed farm was part of the deceased estate; the WILL and documents were insufficient.
Probate law – letters of administration – validity of WILL – testator capacity and attestation – documentary evidence versus oral evidence – hearsay inadmissibility – locus in quo inspection – appellate interference with concurrent factual findings.
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25 October 2024 |
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CMA lacked jurisdiction to arbitrate a collective-agreement dispute absent the parties' agreement; award set aside.
Labour law – Collective agreements – Disputes concerning application, interpretation or implementation of collective agreements must be mediated at CMA and, if mediation fails, referred to Labour Court unless parties agree otherwise; arbitration requires parties' agreement; arbitration conducted without such agreement is jurisdictionally null and void.
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24 October 2024 |
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23 October 2024 |
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23 October 2024 |
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23 October 2024 |
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22 October 2024 |
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Illegality apparent on record—denial of cross‑examination—justifies extension of time to appeal.
Extension of time – illegality apparent on face of record – denial of right to be heard and cross‑examination – ex parte judgment set aside but trial proceeded improperly – appellate remedy.
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21 October 2024 |
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18 October 2024 |
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Appellate court quashed conviction for lack of proper jurisdictional documents and significant evidentiary defects.
* Criminal procedure – Jurisdiction – Validity of consent and certificate under Economic and Organized Crime Control Act – Requirement that properly authorized officer and correct statutory subsections be cited.
* Criminal law – Trial defects – Expert evidence and chain of custody – necessity to call government chemist/analyst and custodian of exhibits.
* Evidence – Variance between charge and prosecution exhibits – charge must be proved as laid.
* Criminal appeals – Retrial – retrial inappropriate where it would permit prosecution to fill gaps in evidence.
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18 October 2024 |
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First appellate court re-evaluated evidence and upheld earlier purchaser’s superior title; appeal dismissed with costs.
* Land law – proof of ownership – purchaser’s document versus later purported gift – priority of earlier lawful occupation/purchase.
* Appellate procedure – first appeal as re-hearing – power and duty to re-evaluate evidence.
* Evidence – identity and content of documentary exhibits determine their probative value.
* Civil procedure – locus in quo inspection is discretionary, not mandatory.
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18 October 2024 |
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18 October 2024 |
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18 October 2024 |
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17 October 2024 |