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Citation
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Judgment date
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| July 2013 |
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High Court competent to hear negligence claim; general damages do not determine pecuniary jurisdiction.
Civil procedure – jurisdiction and pecuniary limits (s.13 Civil Procedure Code) – whether High Court competent for negligence claims – general damages do not determine jurisdiction – preliminary objection raised late; estoppel by record and negligence of counsel.
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31 July 2013 |
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High Court has jurisdiction where the total monetary claim (including general damages) exceeds lower courts' pecuniary limit.
Civil procedure – Jurisdiction – Section 13 Civil Procedure Code – suit to be instituted in lowest court competent to try it; Jurisdiction – monetary threshold – where total claim (special plus general damages) exceeds lower court pecuniary limits, High Court competent; Damages – general damages do not automatically determine jurisdiction but count towards total claim; Procedure – preliminary objections raised late and after pre-trial representation may be negligent but jurisdictional points may still be considered on merits; Tort – medical negligence forum of trial.
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31 July 2013 |
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Court found substantive misconduct but nullified CMA proceedings due to procedural irregularity and lack of condonation.
Employment law – unfair dismissal – substantive versus procedural fairness – employee operated competing company without employer consent; termination substantively fair but procedural defects. Civil proceedings vs labour arbitration – timing, referral and condonation requirements – CMA proceedings nullified for lack of condonation. Statutory terminal benefits – employer obligations under ELRA supersede internal staff regulations.
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26 July 2013 |
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Leave to appeal granted on whether specific damages were pleaded/proved and whether additional evidence was lawfully relied on without recorded reasons.
Civil procedure – leave to appeal to the Court of Appeal – whether specific damages were pleaded and strictly proved; admissibility and reliance on additional evidence on appeal – Order XXXIX rules 27(1) and 27(2) Civil Procedure Code; appellate jurisdiction – s.5(1)(c) Appellate Jurisdiction Act; approach to leave where legal point is arguable.
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25 July 2013 |
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Police breached custodial duty by leaving a ligature point and failing to supervise; plaintiff awarded general damages.
Police duty of care – custodial safety – obligation to remove ligature points and to adequately supervise detainees. Suicide in custody – liability where omission affords opportunity to commit suicide. Proof of special damages – strict proof required by receipts/evidence. Damages for shock and loss of service awarded to relative of detainee who dies in custody.
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18 July 2013 |
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Applicant granted extension to seek review of amended decree due to failed rectification attempts and sufficient cause.
Civil procedure – Extension of time – Law of Limitation Act s.14(1) – sufficient/ reasonable cause required – delay excused where prior rectification attempts and court errors prevented timely review application. Decree and judgment – rectification of decree – decree must tally with court’s judgment; remedy may be rectification or review where rectification is ineffectual. Functus officio – striking out rectification application and direction to apply for review may justify extension of time.
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18 July 2013 |
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Conviction for cattle theft upheld where co-accused testimony and consistent evidence supported guilt; sale agreement not defective.
Criminal law – cattle theft – reliance on co-accused testimony; necessity of corroboration; assessment of witness consistency; validity of sale agreement as evidence.
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18 July 2013 |
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Appeal dismissed: co-accused evidence credible, sale agreement valid, conviction and five-year sentence for cattle theft upheld.
Criminal law – Cattle theft – Reliance on co-accused’s evidence – When warning and corroboration are not required; Evidence – Consistency of ocular and investigative testimony; Contract/evidence – Validity and evidentiary value of a sale agreement in theft prosecution.
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18 July 2013 |
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Appellate court upheld conviction and five-year sentence, finding co-accused testimony and sale agreement credible and consistent.
Criminal law – Cattle theft – Reliance on co-accused evidence and need for corroboration or warning – Assessment of inconsistencies in witness testimony – Admissibility and effect of a written sale agreement.
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18 July 2013 |
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Reported
Whether a university is a public corporation requiring the Attorney General to be joined in certiorari proceedings.
Judicial review — preliminary objections — affidavit admissibility under Order 19 r.3(1) CPC; exhaustion of alternative remedies — internal appeal unavailable where decision by University Council; Law Reform Act s.18(1),(3) — requirement to summon Attorney General where university is a public corporation under Interpretation of Laws Act/Universities Act.
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16 July 2013 |
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Court ordered joinder of the Attorney‑General for certiorari against a public university, dismissing other preliminary objections.
Judicial review – preliminary objections – affidavit content (factual vs. legal) – exhaustion of internal remedies where decision made by University Council – public university as "Government" under s.18(1) Cap 310 requiring Attorney‑General joinder.
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16 July 2013 |
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Plaintiff's land suit dismissed as prematurely filed; must first pursue objection proceedings under Order XXI in executing court.
Land law – procedural jurisdiction – executing court's objection proceedings under Order XXI Rule 57/62; Limitation – Law of Limitation Act s.6(b) and Item 5 Part I First Schedule (two-year period); Res judicata – requirement of a substantive adjudication on the merits; Procedural defects – cure of name/identity defects.
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15 July 2013 |
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Failure to cite section 91(1) ELRA together with Labour Court Rules renders a revision application incompetent and struck out.
Labour law – Revision of CMA award – Competence of application – Requirement to cite section 91(1) ELRA together with Labour Court Rules (Rule 28(1), Rule 24). Civil procedure – Preliminary objection – Incomplete or wrong citation of enabling provisions renders application incompetent and liable to be struck out. Procedural law – Omission of proper citation is substantive, not merely technical; court may grant limited leave to refile.
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12 July 2013 |
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A refiled labour application was struck out as time‑barred for failure to obtain court leave or extension after an earlier striking out.
Labour law – time limits – refiling after striking out – leave or extension required to refile; Limitation Act ousted by labour statute (Employment and Labour Relations Act s91(1)). Civil procedure – preliminary objection – striking out for being time‑barred; court need not examine other objections once time bar sustained.
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12 July 2013 |
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Leave to appeal refused because the applicant’s complaints were factual/evidential, not points of law.
Appeals — leave to appeal to Court of Appeal — appeal permitted on point of law only (Labour Institutions Act section 57). Labour law — termination of employment — procedural compliance — distinction between questions of fact/evidence and questions of law. Appellate procedure — leave to appeal must demonstrate an arguable point of law worthy of determination by the Court of Appeal.
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12 July 2013 |
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Appellants’ distributions under a later void probate cannot oust respondent’s village-allocated ownership; appeal dismissed.
Probate and administration – invalidity of multiple letters of administration over same estate; locus standi of persons acting under void letters; land law – evidentiary weight of village allocation and testimony in ownership disputes; appellate review – deference to Tribunal's factual findings when supported by credible evidence.
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12 July 2013 |
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Court upheld CMA reinstatement order, finding the travel authorization genuine and no proven deception by the respondent.
Employment law – unfair termination; Travel Authorization Form authenticity and interpretation; burden to prove employee deception; discretion under s.40(1) to order reinstatement or compensation; s.40(3) employer's option to pay twelve months' wages if not reinstating.
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12 July 2013 |
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Applicant failed to show good cause for inordinate delay in seeking out‑of‑time revision; application dismissed.
Labour law – leave to apply for revision out of time – requirement to show good cause for delay – absence of forum due to legislative repeal not automatically excusing delay – diligence and promptness required – medical evidence must connect to the period of delay.
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11 July 2013 |
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Court quashed CMA's substantive-unfairness finding and related reinstatement/compensation, confirmed procedural unfairness but awarded no compensation.
Labour law — unfair termination — substantive vs procedural fairness — admitted misconduct — CMA's irrational finding quashed; reinstatement and 12-month compensation set aside; procedural unfairness confirmed but no compensation awarded; remedies under s.40(1) ELRA are alternative.
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10 July 2013 |
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An application for revision of a CMA award must specify section 91(2)(a)/(b)/(c); omission renders the application incompetent and is struck out.
Labour law – Revision of CMA awards – Mandatory citation of enabling provisions – Section 91(1) read with section 91(2)(a), (b) or (c) – Incomplete citation renders application incompetent – Preliminary objection upheld.
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7 July 2013 |
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Whether High Court must stay proceedings after the appellant files a Notice of Appeal to the Court of Appeal.
Criminal procedure – Notice of Appeal – rule 68(1) Court of Appeal Rules – Notice of Appeal institutes appeal and may remove jurisdiction; Exceptions where High Court must grant leave or certificate under rule 71 to perfect appeal; Stay of proceedings pending Court of Appeal determination where appeal instituted against interim order; Novelty of disposing a ground without reasons and competency of resulting appeal.
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3 July 2013 |
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Letters of administration revoked where administratrix attempted to deprive heirs and purported sale was a nullity.
Probate and administration – revocation of letters of administration for mismanagement and attempted deprivation of heirs; purported sale of estate property held a nullity; preliminary objection dismissed for want of prosecution and not reinstated; estate property ordered sold and proceeds shared equally among heirs.
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2 July 2013 |
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A criminal Notice of Appeal institutes the appeal and generally removes the High Court’s jurisdiction, so proceedings were stayed pending appeal.
Criminal procedure – effect of Notice of Appeal – rule 68(1) Court of Appeal Rules; appeal instituted by Notice removes case from High Court jurisdiction; High Court retains jurisdiction only to grant leave to appeal or certificate on point of law to perfect appeal; stay of proceedings pending appellate determination where Notice of Appeal filed.
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1 July 2013 |