|
Citation
|
Judgment date
|
| June 2016 |
|
|
Applicant failed to show a triable issue or irreparable harm to obtain an injunction preventing sale of mortgaged properties.
Civil procedure — Interlocutory injunction — Application to restrain bank from selling mortgaged properties — Atilio v Mbowe test applied: triable issue, irreparable injury, balance of convenience — Adequacy of damages and evidence required to show damages would be inadequate.
|
30 June 2016 |
|
Application for security for costs struck out because the supporting affidavit lacked specificity about the deponent’s status and authority.
Civil procedure – security for costs – competency of supporting affidavit – requirement to specify deponent’s status and authority to depose on behalf of multiple applicants. Civil procedure – High Court (Commercial Division) Procedure Rules, 2012 – Rule 63(b) – court’s power to strike out defective applications suo motu. Pleadings and representation – inconsistent pleadings and non-participation by some applicants undermine affidavit sufficiency.
|
30 June 2016 |
|
Appeal allowed where recorded plea was ambiguous and facts did not support a guilty plea to shop breaking.
Criminal law — Guilty plea — Requirement of unequivocal plea supported by clear facts — Facts and exhibits must link to charged offence — s.360(1) Criminal Procedure Act limits appeals only where plea is unequivocal.
|
29 June 2016 |
|
An equivocal guilty plea based on ambiguous facts renders the conviction unsafe and must be quashed.
Criminal law – plea of guilty – requirement of an unequivocal plea – ambiguous facts and uncertain identification render plea equivocal and conviction unsafe.
|
29 June 2016 |
|
Delay in obtaining judgment copies does not, by itself, justify extension of time to appeal in matrimonial proceedings.
Civil Procedure / Family Law – extension of time to appeal – "sufficient reason" – discretionary inquiry. Law of Marriage Act s.80 – no mandatory requirement to attach copies of judgment/decree to appeal filed in magistrate's court. Distinction from Civil Procedure Code (Order XXXIX Rule 1) where copies are mandatory – Benedict Mumello distinguished. Alternative remedy of record perusal available; delay in supply of copies not necessarily sufficient cause.
|
28 June 2016 |
|
|
27 June 2016 |
|
Failure to inform accused of s.214(1) rights upon magistrate transfer vitiates proceedings and mandates a retrial.
Criminal Procedure Act s.214(1) – transfer of trial magistrate – duty to inform accused of right to have previously recorded witnesses re-summoned and re-heard – discretion in 'may' construed in favour of fair trial – failure to inform is fatal irregularity – proceedings and judgment nullity – retrial de novo ordered.
|
25 June 2016 |
|
Appeal dismissed: charge and assessor participation valid; offences of impersonation and false pretence proven; costs order set aside.
Criminal procedure — validity of charge; Primary Courts — role of assessors and effect of omitted signature; Criminal law — impersonation (s.369) and obtaining by false pretence (s.302) — elements and proof; Distinction between civil land disputes and criminal fraud; Costs in criminal proceedings.
|
24 June 2016 |
|
Appellant’s convictions for impersonation and obtaining by false pretence affirmed; procedural complaints and assessors’ participation were not fatal.
Criminal law – impersonation (s.369 Penal Code) – obtaining by false pretence (s.302 Penal Code) – validity of charge sheet; Procedure – Primary Court assessors’ participation and signatures; Evidence – standard of proof beyond reasonable doubt; Costs – award of costs in criminal proceedings.
|
24 June 2016 |
|
Representative-suit acceptable despite one unsigned claimant, but supporting affidavit lacked jurat place/date and application was struck out.
Civil procedure – Representative suit – Order I Rule 8 – requirement that persons to be represented signify consent by signing list; absence of one signature among many remedied by deletion rather than striking out. Civil procedure – Citation – omission of Chapter number when citing Civil Procedure Code not fatal where only one Code applies. Evidence/Procedure – Affidavit jurat – Section 8 Notaries Public and Commissioners for Oaths Act requires place and date in jurat; failure renders affidavit incurably defective.
|
24 June 2016 |
|
High Court lacks jurisdiction over internal religious society management disputes; suit struck out for wrong forum.
Jurisdiction – High Court jurisdiction over internal religious society disputes; Article 19(2) Constitution – limits on court intervention in religious affairs; Civil Procedure Code s.13 – suit must be instituted in lowest competent court; Societies/BAKWATA – primacy of internal dispute-resolution mechanisms and administrative hierarchy.
|
20 June 2016 |
|
Application for Mareva injunction dismissed for wrong citation; court not properly moved under cited Civil Procedure provisions.
Mareva (freezing) injunction — Common law remedy — Proper statutory basis — Wrong citation of Order XLIII Rule 2, s.68(e) and s.95 Civil Procedure Code — Discretionary supplemental and inherent powers insufficient to ground Mareva order — Merchandise Marks Regulations 2008 contain freezing orders but different scope — Court must be properly moved.
|
20 June 2016 |
|
A valid DPP certificate under s.36(2) EOCCA (writing, prejudice to safety/interests, pending case) bars grant of bail.
Criminal procedure – Bail – Director of Public Prosecutions’ certificate under s.36(2) EOCCA – Validity criteria: written, effect on safety/interests, relates to pending criminal matter – certificate lawfully bars bail if criteria met.* Constitutional law – Effect of Constitutional Court ruling on s.148(4) CPA – High Court’s duty to follow Court of Appeal precedent regarding DPP certificates.* Precedent – Hierarchy of courts and binding effect of Court of Appeal decisions on High Court determinations of DPP certificates.
|
17 June 2016 |
|
A valid DPP certificate under s36(2) bars bail; Court of Appeal precedent upheld, bail application dismissed.
Criminal procedure – Bail – DPP’s certificate under s36(2) Economic and Organized Crimes Control Act – Validity criteria (writing; likely prejudice to safety/interests of Republic; relates to pending criminal matter) – Interaction with Constitutional Court ruling on s148(4) CPA – Doctrine of precedent and binding effect of Court of Appeal decision.
|
17 June 2016 |
|
Conviction quashed due to unsafe visual identification and uncorroborated, contradictory arrest evidence.
Criminal law — armed robbery; stabbing. Evidence — visual identification at night — must be watertight; risk of mistaken identity. Prosecution omissions — failure to call crucial corroborating witness (owner of house). Inconsistent witness accounts and uncorroborated arrest vitiate conviction.
|
15 June 2016 |
|
Default judgment entered where defendant failed to file defence; arbitration pursuit did not prevent judgment; publication required before execution.
Commercial law – Default judgment – High Court (Commercial Division) Procedure Rules 2012 r.22(1), r.22(2) and r.67(3) – entry of judgment where defendant fails to file defence. Arbitration – Effect of defendant withholding defence to pursue arbitration – interlocutory refusal to refer to arbitration not bar to default judgment. Remedies – declaratory relief, principal and interest awards, compensation for legal services, costs; publication requirement before execution of decree.
|
15 June 2016 |
|
Appeal against trial court's refusal to admit documents was interlocutory and therefore incompetent under section 43(2) MCA.
Criminal procedure – interlocutory order – refusal to admit documentary evidence – appealability – section 43(2) Magistrate's Courts Act (as amended) – finality test – remittal of record.
|
13 June 2016 |
|
Identification by known witnesses and an admission to an accomplice upheld conviction; appeal dismissed.
Criminal law – Armed robbery – visual identification by known witnesses – reliability where witnesses knew accused prior to incident and were together with him at material time. Criminal law – Confession/admission to co-witness – corroboration by accomplice’s evidence. Evidence – No fixed number of witnesses; non-production of owner/registration not fatal if other evidence proves offence. Criminal procedure – Requirement to state substance of charge and call for plea (s.228(1) CPA).
|
13 June 2016 |
|
Failure to cite section 16 of the Arbitration Act renders a petition to set aside an arbitral award incompetent and incurable.
Arbitration — setting aside award — petition must cite enabling provision (section 16 Arbitration Act) — Rules 5 and 6 procedural only and cannot substitute for statutory jurisdictional basis. Civil procedure — wrong/non‑citation of law renders application incompetent and incurable; petition struck out. Extension of time — section 95 CPC/Article 107A(2)(e) cannot be used to cure substantive statutory omission once petition is incompetent.
|
12 June 2016 |
|
A bank unjustifiably refused to credit a valid cheque; plaintiff awarded the cheque amount, damages and account reopening.
Bills of Exchange Act – cheque as bill of exchange – holder for value – statutory presumption under section 30(2) and burden to rebut it. Evidence Act – burden where fact is especially within knowledge of a party (s115) and general burden of proof (s110). Bank duties – return or notify payee upon refusal to pay a cheque; countermand of payment must be proved. Counterclaim for recovery of mistaken payments – requirement to prove mistake or unlawful procurement.
|
10 June 2016 |
|
Court granted interim injunction restraining eviction pending trial, finding triable issues, potential irreparable harm, and balance of convenience favouring the applicant.
Land law – Lease – Temporary injunction to restrain eviction pending trial – Test for interim injunction: prima facie triable issues; irreparable harm; balance of convenience – Eviction by locking gates not necessarily completed – Court may consider defendant’s ability to satisfy damages – Order XXXVII R.3 CPC.
|
3 June 2016 |
|
Appellate court upholds robbery conviction: reliable visual recognition, admissible caution statement, and unproven alibi; appeal dismissed.
Criminal law – Robbery with violence – visual identification and recognition – application of Waziri Amani principles; Criminal procedure – Cautioned/confession statement admissibility – failure to object and allegations of torture; Criminal procedure – Defence of alibi – s.194(4) CPA notice requirement and appellate scrutiny; Fair trial – complaints of hearing impairment and denial of witnesses assessed against trial record.
|
3 June 2016 |
|
Negligence of an advocate does not constitute sufficient cause to extend time to lodge a notice of appeal.
Appellate procedure – extension of time under section 11(1) Appellate Jurisdiction Act – requirement to show good/sufficient cause; Procedural law – negligence or oversight of counsel ordinarily not sufficient cause to enlarge statutory time; Appeal filing – judgment or decree not required to lodge a notice of appeal; Discretionary relief – courts must refuse extensions based on sympathy for counsel’s mistakes.
|
3 June 2016 |
|
Committal proceedings are not unconstitutional but require legislative reform to protect fair trial rights and prevent delay.
Criminal procedure – Committal proceedings – Sections 244 and 245(1)–(3) CPA – Constitutional right to be heard (Art.13(6)(a)) – Prima facie assessment – Role of DPP and subordinate courts – Remedies for delay – Recommendation for legislative reform.
|
2 June 2016 |
|
Appeal from District Court in appellate jurisdiction was time-barred; waiting for judgment copies did not extend limitation period.
Appeals — Time limitation — Appeal from District Court exercising appellate or revisional jurisdiction governed by s.25(1)(b) Magistrates Courts Act (30 days) — s.80 Law of Marriage Act (45 days) inapplicable to appellate jurisdiction — s.19(2) Law of Limitation Act (exclusion for obtaining copies) not applicable — failure to obtain leave/extension renders appeal time-barred.
|
1 June 2016 |