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90 judgments found.
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December 2014
Preliminary objections to a libel plaint were dismissed: pleadings found to state material facts, properly signed and verified.
Civil procedure — preliminary objection — Pleadings
31 December 2014
Applicant granted temporary injunction against respondents’ publications; court found no fair comment or public interest defence.
Defamation
— fair comment and qualified privilege — availability as defences at interlocutory stage
— Interim injunctions to restrain publication — balance between freedom of expression and protection of reputation
— Public interest — scope and relevance in justifying potentially defamatory reportage
29 December 2014
12 December 2014
November 2014
Appeal allowed: conviction for forcible entry quashed for lack of evidence proving violent or unusual entry by the applicant.
Criminal law — Forcible entry — proof beyond reasonable doubt — role of caution statements and evidence of consent/agreements in land occupation disputes (wakf land)
27 November 2014
Court granted winding up as just and equitable due to prolonged dormancy, non‑compliance and absence of active directors.
26 November 2014
Conviction for unlawful possession of radioactive material quashed due to inadequate, contradictory and hearsay-dependent forensic evidence.
Criminal law
— Evidence — Contradictory laboratory reports and weak expert testimony
— hearsay — Unproduced international report
— Misjoinder of counts — prejudicial to proper proof
— Standard of proof — beyond reasonable doubt
— Unlawful possession of radioactive material — Elements: identity, possession, unlawfulness
24 November 2014
Application to quash terrorism charges dismissed; charge description error not fatal, particulars sufficient for committal and trial.
Criminal procedure — Revision — Committal proceedings — Sufficiency of charge particulars
7 November 2014
No enforceable loan contract existed; applicant failed to meet conditions precedent, so bank properly refused the loan.
Contract law — Contract formation
— application versus agreement
— bank’s mandate
— conditions precedent to loan disbursement
— credibility of bribery allegation
— no breach absent contract or satisfied conditions
— requirement of security as condition precedent
5 November 2014
October 2014
Employer refusing reinstatement owes statutory compensation and twelve months’ wages, but not wage arrears for non‑attendance.
Labour law
— Minister's decision enforceable as decree — Whether a minister's decision on a labour reference is final and enforceable as a decree — Security of Employment Act s 28(1)(c)
— reinstatement orders — Employer's refusal to reinstate: entitlement to statutory compensation and twelve months' wages, not arrears for period not worked — Security of Employment Act s 40A(5)(b)
31 October 2014
Including an interlocutory order in an appeal tied to a later final decision is permissible; preliminary objections dismissed.
Appellate practice — Appeal procedure — interlocutory versus final orders
31 October 2014
A plea of guilty is equivocal if facts omit essential elements (unlawfulness, victim's age); conviction quashed and appellant discharged.
Criminal law
— Plea of guilty — equivocal plea invalidates conviction — appeal from guilty plea permissible where admitted facts do not constitute the offence — discretionary discharge instead of remittal due to time served and victim welfare
— Rape (statutory)
27 October 2014
Tenant’s termination for alleged defects failed for lack of notice; landlord awarded general damages for harsh termination.
Land law — Lease disputes
— allocation of repair/maintenance obligations under lease
— damages for wrongful or harsh termination
— proof required for specific damages
— whether notice of defects was given before termination
24 October 2014
Whether a s.230 "discharge" may be treated as an acquittal and whether a principal–agent relationship was proved for corruption.
Criminal law — Corrupt transaction — agent relationship as element of offence — Prevention and Combating of Corruption Act s.15(1)
Criminal procedure — No case to answer — Discharge vs acquittal under s.230 CPA — Curable/formal error and appellate correction by equity
10 October 2014
S.230 dismissal must properly read as acquittal; prosecution failed to prove agency and thus no prima facie corruption case.
Criminal law
— Corrupt transaction — agent relationship as element of offence
— Evidence — sufficiency of prosecution case and prima facie requirement
10 October 2014
Substituting manslaughter to murder at preliminary inquiry without hearing was unlawful and amounted to abuse of process.
Criminal procedure — Abuse of process — Prosecutorial conduct
— Criminal procedure
— Malicious substitution to defeat bail
Criminal procedure — Bail — substitution of charges while bail pending
Criminal procedure — substitution of charge — proper prosecution application and reading of substituted charge
10 October 2014
Transfer of probate proceedings without notice and non‑compliance with Probate Rules rendered the District Court process irregular.
Probate law — Administration of estates — Validity of grant of Letters of Administration
8 October 2014
Reported
Suit dismissed because arbitration award conclusively determined plaintiff had no exclusive development rights over Mbudya Island.
Arbitration — Arbitration award — finality and preclusive effect
— interpretation of contractual clauses on development rights
— whether judicial proceedings may proceed on issues conclusively determined by arbitrators
2 October 2014
September 2014
High Court struck out application for leave to appeal as incompetent, directing applicants to seek extension/leave at the Court of Appeal.
Labour law — Appeals
Labour law — jurisdiction
— procedural competence of applications before High Court vs Court of Appeal
— proper forum for extension of time/leave to appeal
26 September 2014
High Court has jurisdiction over land disputes above statutory thresholds; Order XXXVII r.8(1)(b) citation was sufficient.
Civil procedure — Order XXXVII r.8(1)(b)
— Possession and repairs
— authorising entry upon land or building
Land disputes — Pecuniary jurisdiction — High Court pecuniary jurisdiction in land disputes
23 September 2014
High Court may determine whether a Primary Court validly granted letters of administration; preliminary objections dismissed.
Civil procedure
— preliminary objection — requirement that a preliminary objection raise a pure point of law capable of disposing the suit (Mukisa test)
— section 95 CPC (inherent powers) — High Court may invoke inherent powers to entertain jurisdictional challenges in probate matters
Probate law — Jurisdiction of primary courts in administration of estates — Whether the High Court can determine whether the Primary Court validly issued letters of administration and whether the Probate and Administration of Estates Act applies (large estate)
19 September 2014
Applicant’s dismissal for non-appearance was set aside where registrar’s communication about a different session constituted sufficient cause.
Labour law — Labour procedure — setting aside dismissal for non-appearance
19 September 2014
Amendment joining defendants was permissible; corporate pleadings should show board authorization, but procedural defects are curable.
Civil procedure — amendment of plaints — where causes of action arise from same series of transactions joinder and amendment permitted
Civil procedure — Procedural rules — cardinal principle — curability of non-fatal breaches
Civil procedure — Signing and verification of pleadings
— advocate’s signature/verification without express client authority is irregular but curable
— remedies include production or amendment rather than automatic striking out
19 September 2014
Whether the registered employer or its joint-venture partner is liable to pay employees' terminal benefits under section 44.
Company law — Corporate personality — Separate legal entity — Liability for employment obligations, effect of liquidation
Employment law — termination and terminal benefits — Employer liability for terminal benefits — Identification of employer under section 44 of the Employment and Labour Relations Act
17 September 2014
Applicant granted extension of time to file revision after CMA award was delivered late and without notifying the parties.
Labour law — Extension of time
17 September 2014
Applicant's extension application struck out for incorrect citation; Rule 56(1) Labour Court Rules is the proper enabling provision, refile allowed.
Civil procedure — Procedure
— defective combination of forms and omission of mandatory contents under Rule 24(2)(e) may invalidate an application
— wrong citation/non-citation of enabling provisions renders application incompetent and liable to be struck out
Civil procedure — Relief — court may strike out defective application but grant opportunity to refile in interest of justice
Labour law — Extension of time — proper enabling provision
17 September 2014
Procedural omissions (preliminary hearing, express rights warning) are curable if non‑prejudicial; evidence established armed robbery.
Criminal law
— Armed robbery — Elements required to prove armed robbery (stealing, being armed or in company, use or threat of violence)
— Preliminary hearing — non‑compliance with s.192 CPA vitiates only the preliminary hearing not the trial where accused fully participates
Criminal procedure — right to be informed of right of defence under s.231(1)(a) CPA — Duty to address accused under section 231(1)(a) and (b)
15 September 2014
A suit instituted and prosecuted by a person not entitled to represent an association, without complying with Order 1 r.8, is incurably defective and dismissible.
Civil procedure — Representation — Unincorporated association/numerous persons
Legal profession — Advocacy — Person not on roll of advocates cannot assume role of advocate to institute or conduct proceedings for others without complying with procedural prerequisites
12 September 2014
A revision under s.44(1)(b) Cap.11 is inappropriate where the applicant has a statutory right of appeal; application struck out.
Civil procedure
— Revision v appeal — competence of revision where statutory right of appeal exists — Magistrates' Courts Act s 44(1)(b)
— Statutory interpretation — Specific provision prevails over general provision — Purposive construction and legislative intent
12 September 2014
Whether an employment relationship existed and whether a 'golden handshake' barred claims for unpaid employment benefits.
Employment law — determination of employment relationship
— admissibility of evidence
— factors: control, hours, integration, economic dependence, provision of tools, exclusivity
— procedural fairness of termination
10 September 2014
Conviction based on uncorroborated, delayed visual and voice identification was unsafe; appeal allowed and convictions quashed.
Criminal law — Visual identification — Cardinal principle
— corroboration required
— Delay in reporting/naming suspects to police undermines identification
Criminal law — Voice identification — unreliable without expert support. Prosecution’s burden to prove identity beyond reasonable doubt
8 September 2014
In defamation claims the plaint must quote the exact allegedly defamatory words verbatim; omission renders the plaint incompetent.
Defamation
— attachments do not cure omission — cause of action
— Pleadings
5 September 2014
Res judicata requires cumulative proof of all s.9 elements; non‑party heirs are not bound by prior probate findings.
Civil procedure — Res judicata — Application of section 9 CPC and requirement of same parties/privies
Civil procedure — competence of Chamber Summons
— Competence to challenge primary court probate findings by chamber application
— Order XLIII & s.95 CPC
5 September 2014
Tenant's damages claim after eviction dismissed where eviction procedures were lawful and losses were unproven.
Land law — Landlord
— burden of proof for claimed losses after eviction
— claims for lost cash and property require credible proof
— lawful eviction procedure and notices
Land law — Landlord & tenant law
3 September 2014
August 2014
Trial court erred in deciding "no case to answer" on written submissions without allowing appellant reply; judgment set aside.
Civil procedure — defendant's written submissions — written submissions have no evidential value — right to fair hearing and natural justice — remittal to trial court for proper procedure
29 August 2014
Lower court breached the right to fair hearing by hearing extension application piecemeal and entertaining a late competence objection; appeal allowed and matter remitted.
Civil practice and procedure — Magistrates' courts — Directions under s.44(1)(a) Magistrates' Courts Act — Guidance on testing competence and cumulative hearing of prayers
Civil procedure — Setting aside ex parte decree — consolidated chamber summons for extension of time and setting aside decree — Competence and procedure for consolidated applications
Constitutional law — right to be heard (Article 13(6)(a)) — no surprise hearing — Article 13(6)(a) of the Constitution
29 August 2014
High Court has s.372(1) jurisdiction to examine subordinate court records; one affidavit paragraph expunged, objections otherwise dismissed.
Criminal procedure — Affidavit formalities
— impermissible prayers expunged
— incorrect citation of enabling provision not necessarily fatal
Criminal procedure — revision jurisdiction
— High Court’s power
— prematurity and committal issues to be dealt with on merits
— substitution of charge effect
22 August 2014
Court overruled preliminary objections and allowed the applicant’s revision application to proceed, fixing a hearing.
Criminal procedure — Revision — High Court’s supervisory/revisional powers under s.44 Magistrates Courts Act and ss.372/373 Criminal Procedure Act — Whether interlocutory orders of a district court are subject to revision by the High Court
Evidence — Affidavit contents — Whether mentioning statutory provisions in supporting affidavit constitutes improper legal argument
18 August 2014
Lower court’s suo motu computation of decretal sums without hearing breached fair hearing; proceedings set aside and remitted.
Natural justice
— Remittal — nullification of irregular proceedings and rehearing before another magistrate
— Right to be heard — court cannot decide new issues suo motu without reopening proceedings
18 August 2014
An application under s.44(1)(a) must specify directions and cite enabling law; it cannot seek revisional orders indirectly.
Civil procedure — Chamber summons and affidavits — Application rendered defective where supporting affidavit is struck out — Affidavit format and jurat (place of oath)
Criminal procedure — High Court supervisory powers — Party‑initiated application incompetent where supervisory power is primarily suo motu — Magistrates Courts Act s.44(1)(a)
13 August 2014
A supporting affidavit lacking the Commissioner for Oaths’ name in the jurat is incurably defective and renders the application incompetent.
Civil procedure — Procedure — affidavits — Jurat — omission of the name of Commissioner for Oaths in jurat
— application incompetent
— no amendment permitted after preliminary objection
— omission is fatal and renders affidavit incurably defective
13 August 2014
Appellants' convictions quashed for lack of corroboration and improper admission of cautioned/confession statements, breaching fair trial rights.
Criminal law — credibility of interested witnesses — Interested witnesses require caution before acceptance
Criminal procedure — Cautioned/confession statements — inquiry into voluntariness required when repudiated
Evidence — Co‑accused statements — May be used against others if corroborated
11 August 2014
High Court lacked jurisdiction under s.49 to revoke letters granted by a subordinate court; application struck out with costs.
Civil procedure
— Appeal/revision — Availability of revisional jurisdiction where a right of appeal exists — Proper remedy to challenge subordinate court grants (appeal or revision)
— wrong citation of enabling provision — Wrong citation renders application incompetent — Application incompetent/struck out
Probate law — Revocation of letters of administration — proper forum is the court that granted the letters (Primary Court) — Probate and Administration Act ss.3, 49(1)-(2)
8 August 2014
July 2014
High Court ordinary civil registry lacked jurisdiction over the plaintiff's commercial claim; suit struck out.
Jurisdiction — pecuniary limits — interpretation of section 40(3) MCA (2004)
31 July 2014
Reported
High Court lacked jurisdiction over the commercial claim under s.40(3) MCA (2004); suit struck out for want of jurisdiction.
Civil procedure
— Dismissal for want of jurisdiction — suit declared incompetent and dismissed without costs
— jurisdiction — Pecuniary jurisdiction — Interpretation of MCA s.40(3) (2004) amendments
— Mischief rule and Hansard — Legislative intent to preserve and revitalise the Commercial Division
31 July 2014
Reported
An appeal filed in the High Court instead of the subordinate court as mandated is incompetent and must be struck out.
Family law — Matrimonial appeals — mandatory requirement to file memorandum of appeal in subordinate court under s.80(2) LMA and r.37(1)
— appeal struck out
— filing directly in High Court is incompetent
— no order as to costs
31 July 2014
Revision application struck out for failure to cite mandatory enabling statutory provisions correctly.
Labour law
— Labour Court Rules — Wrong or omitted citation is fatal — Application struck out rather than decided on merits
— Revision of CMA award — Mandatory citation of specific statutory provisions
31 July 2014
An unlicensed private money-lender cannot lawfully charge compound interest or validly take security; lease and rent recovery allowed.
Contract law
— unlicensed money-lender
— each party to bear own costs
— illegality of charging compound interest and taking security
— rent arrears and eviction
— tenant’s occupation and set-off of proceeds
— validity of 18 October 2003 lease
25 July 2014
Mis‑citation of the enabling probate rule rendered the chamber application incurably defective and it was struck out with costs.
Civil procedure — Civil procedure code s.95 — Inherent powers cannot be used to cure omission or wrong citation where law exists
Probate law — Procedural requirements in probate — Citation of enabling provisions — Wrong or uncertain citation renders application incurably defective — Probate Rules (Rule 14)
24 July 2014
An application for leave to seek certiorari filed after six months is time‑barred; a struck‑out prior filing does not cure limitation.
Administrative law — Judicial review — time limitation — six‑month rule. • Effect of struck‑out proceedings — strike‑out restores parties to original position and does not extend limitation. • Extension of time — mandatory dismissal of time‑barred applications
23 July 2014
Handwriting proof can establish that an accused signed a cautioned statement, but an unsigned/initial‑less page is inadmissible under s.58(2).
Criminal procedure — admissibility of cautioned statement — proof of signature by handwriting comparison
— unsigned page inadmissible
— voluntariness allegations not decided where not properly raised at admissibility stage
22 July 2014