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Citation
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Judgment date
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| December 2020 |
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Court permits supervised compulsory sale of untraceable shareholders' paid-up shares subject to strict safeguards.
* Company law – Untraceable shareholders – Court-ordered compulsory sale of paid-up shares – Availability and conditions of sale.
* Registrar compliance – BRELA online registration requirements and impact on companies with untraceable members.
* Trust and Administrator General – limits on entering Administrator General as member/trustee of private company.
* Winding up – alternative remedy where company cannot continue as going concern.
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24 December 2020 |
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Court permits compulsory sale of untraceable shareholders' paid-up shares under strict safeguards and supervision.
* Company law – Untraceable shareholders – Court-authorised compulsory sale of paid-up shares under strict safeguards.
* Company law – Registrar/BRELA compliance – difficulties updating electronic register when shareholders are untraceable.
* Trusts/Administrator General – Administrator General unsuitable as a registered member of a private company but may hold sale proceeds as trustee for 12 years.
* Remedies – Compulsory sale as alternative to winding up; winding up only where appropriate statutory grounds or members desire cessation.
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24 December 2020 |
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Administrators may be registered as members by court order, but the court refused to permit them to amend the register or notify the Registrar in these circumstances.
Companies law – Transmission of shares on death – administrators as legal representatives; Company register rectification – court’s power to order registration but limits where directors/co‑shareholders are untraceable; Remedies for untraceable shareholders – winding up as alternative.
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23 December 2020 |
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Revocation application dismissed after forensic report showed alleged will was forged and the applicant failed to challenge it.
* Probate and administration – revocation of letters of administration – application to revoke where will allegedly exists.
* Evidence – alleged forgery of will – admissibility and probative value of forensic report annexed to counter‑affidavit.
* Civil procedure – counter‑affidavit and reply – failure to reply may amount to implied admission where serious allegations are raised.
* Standard of proof – allegations of criminality in civil proceedings require a higher degree of probability.
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22 December 2020 |
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An earlier grant of letters of administration takes precedence; a subsequent probate for the same estate cannot lawfully co-exist.
* Probate and letters of administration – coexistence – an earlier grant prevails; two grants over same estate cannot co-exist. * Probate and Administration Act, s.49 – revocation as remedy where conflicting grants exist. * Abuse of process – obtaining subsequent probate without setting aside prior grant. * Relevance of authenticity of will secondary to the legal effect of concurrent grants.
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22 December 2020 |
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Revision dismissed where applicant admitted joint acquisition of the matrimonial plots and produced no contrary evidence.
* Family law – Divorce – Division of matrimonial property – Whether property is matrimonial where a party admits joint acquisition.
* Civil procedure – Revision under section 79(1) Civil Procedure Code – scope and limits where no error on the face of the record and evidence contradicts applicant's claim.
* Property law – Ownership disputes over house versus plots – jurisdictional proper forum for land ownership disputes.
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22 December 2020 |
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22 December 2020 |
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An omnibus chamber application combining revision and injunction was incompetent; district court ruling quashed and set aside.
* Civil procedure — Revision — competence of chamber summons — Whether combining revision and injunction in one chamber application is permissible; omnibus applications may be struck out where prayers are disjointed.
* Judicial impartiality — Recusal — Request must be timely and grounded on concrete reasons; late letters filed after judgment are insufficient.
* Evidence and procedure — Proper mode of service and admissibility of documents may be dealt with on retrial or appropriate proceedings.
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21 December 2020 |
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Failure to read admitted documentary evidence to the appellants was fatal and led to quashing of conviction.
* Criminal law – possession of narcotic drugs – sufficiency of particulars in charge sheet – offences in same transaction may be charged together. * Criminal procedure – admission of documentary exhibits – requirement to read and explain contents to accused – failure is fatal and warrants expungement. * Right to fair hearing – accused must be informed of documentary evidence to enable focused defence; absence of crucial documents may render conviction unsustainable.
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21 December 2020 |
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An apparent jurisdictional illegality (probate court deciding land ownership) justified extension of time and setting aside the dismissal.
* Civil procedure – extension of time – good cause – negligence of counsel generally not sufficient; exception for extraordinary circumstances.* Civil procedure – extension of time – illegality apparent on record – constitutes good cause if of sufficient importance and self-evident.* Jurisdiction – probate courts – limitation on jurisdiction to determine ownership of landed property; such matters fall under Land Disputes Act/Land Act jurisdiction.
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18 December 2020 |
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The High Court quashed District Court child‑custody and affiliation decisions for lack of jurisdiction after the Law of the Child Act.
* Child law – Jurisdiction – Law of the Child Act established Juvenile Courts (ss.97–99) with power over care, maintenance and protection; Affiliation Act repealed (s.160).
* Jurisdictional limit – District Courts may only decide custody and maintenance arising from matrimonial proceedings (Law of Marriage Act ss.125–126).
* Civil procedure – High Court revisional powers under Magistrates' Courts Act s.44(1)(b) to quash proceedings heard without jurisdiction.
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18 December 2020 |
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18 December 2020 |
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A court cannot decide contested factual issues on annexures and written submissions without admitting evidence or hearing witnesses.
Civil procedure – written submissions versus oral evidence; annexures to submissions not admissible as exhibits without formal tender and witness testimony; dispensing with witnesses where facts are contested is a fundamental procedural error rendering proceedings a nullity; appeal and setting aside of judgment.
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18 December 2020 |
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Convictions quashed where cautioned statements were admitted without inquiry and seized property lacked mandatory seizure certificate.
* Criminal procedure – admissibility of cautioned/confessional statements – objection requires inquiry/trial-within-trial into voluntariness before admission. * Criminal procedure – seizure of property – mandatory certificate/receipt of seizure signed by owner and witness; absence undermines possession evidence. * Conviction based on uncorroborated/retracted confession and uncertified exhibit cannot stand.
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18 December 2020 |
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Appellant's statutory rape conviction quashed for unsafe dock identification, unreliable caution statement, and insufficient circumstantial evidence.
Criminal law – Sexual offences: admissibility and competence of child witness evidence (s127 Evidence Act); proof of age under Law of the Child Act; visual/dock identification vs identification parade (Waziri Amani); weight and admissibility of cautioned statements; adequacy of circumstantial evidence to establish guilt beyond reasonable doubt.
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18 December 2020 |
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A transfer order under sections 47–48 MCA is final and not appealable under section 49(3), so the appeal was dismissed.
* Civil procedure – Transfer of proceedings – Sections 47–48 Magistrates' Courts Act – Section 49(3) bars appeal against grant or refusal of transfer orders.
* Transfer powers are discretionary but final for purposes of appeal; substantive jurisdictional objections need other remedies.
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17 December 2020 |
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Partly allowed revision: sale alone did not justify revoking administrator, but revocation upheld for citation irregularities.
* Revisional jurisdiction – section 44(1)(b) MCA – application by a purchaser affected by an appellate decision.
* Electronic filing – Rule 21(1) GN No.148 of 2018 – documents filed before midnight deemed filed that day.
* Natural justice – right to be heard – joinder/notification of interested parties in appeals affecting property rights.
* Probate/administration law – powers of court-appointed administrator to sell estate property without beneficiaries' consent (unless held in trust).
* Procedural compliance – failure to comply with citation rules can justify revocation of letters of administration.
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16 December 2020 |
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Time to appeal runs from judgment delivery, not certification; the appellant’s High Court appeal was time‑barred and dismissed.
* Civil procedure – appeals – limitation period – commencement of time to appeal to High Court under s.25(1)(b) Magistrates’ Courts Act – time runs from delivery/pronouncement of judgment, not from later certification/signing. * Law of Limitation Act s.14(1) – extension of time for filing appeal where appeal is out of time.
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16 December 2020 |
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An evasive, general denial in a written statement of defence entitles the plaintiff to judgment on admission in a liquidated sum claim.
* Civil procedure – Order VIII r3–5 CPC – requirement for specific, non-evasive denials; * Judgment on admission – Order XII r4 – effect of evasive/general denials in action for liquidated sum; * Pleadings – insufficiency of mere denial of debt; * Interest – award of commercial and court rates.
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15 December 2020 |
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Applicant failed to show good cause for extension; delay was inordinate and alleged illegality was not apparent on the record.
* Civil procedure – Extension of time – Law of Limitation Act, s.14(1) – requirement to show good cause. * Good cause factors – length of delay, diligence, contributory negligence, and whether point of law is apparent on the face of the record. * Negligence of advocate – not ordinarily good cause absent exceptional circumstances. * Certified copy of judgment – proof required to exclude delay. * Alleged illegality – must be clear and apparent, not requiring extensive factual inquiry.
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15 December 2020 |
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15 December 2020 |
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A 15-year unexplained delay to file an arbitral award was inordinate; failure to show efforts to procure the arbitrator’s filing warranted dismissal.
Arbitration law – filing/registration of arbitral award – s.12(2) Arbitration Act; Limitation – extension of time under s.14(1) Law of Limitation Act – good cause requirement; Excusable delay – time spent pursuing court proceedings as technical delay; Procedural duty – party’s obligation to show efforts to procure arbitrator’s filing; Discretion – necessity of material to exercise it.
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15 December 2020 |
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Applicant failed to show prima facie case, irreparable harm or balance of convenience to restrain bank enforcing its security.
* Civil procedure – interim injunction – applicant must show a serious question to be tried, irreparable harm and balance of convenience (Atilio test).
* Banking/security law – creditor’s right to enforce debenture and appoint receiver – courts reluctant to restrain lawful enforcement absent strong prima facie case, fraud or collusion.
* Evidentiary requirement – acknowledgements of debt and lack of credible proof of irreparable loss defeat an application for interim relief.
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15 December 2020 |
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Separation (3 years) affirmed; custody to mother, maintenance order preserved, and major matrimonial assets apportioned.
Law of Marriage Act — divorce grounds (s107(2)): adultery requires proof on a balance of probabilities; separation must be physical. Child custody — best interests paramount; consider child's independent views and social welfare reports. Maintenance — father's duty to maintain; court cannot vary an unchallenged maintenance order. Matrimonial assets (s114) — court may order distribution ancillary to separation; significant assets may be apportioned despite status quo findings.
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15 December 2020 |
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A divorce petition filed without the prescribed conciliatory-board certificate is incompetent and renders proceedings a nullity, warranting dismissal of the appeal.
Marriage law – Law of Marriage Act s.106(2) – Mandatory requirement of a conciliatory board certificate; Marriage Conciliatory Board (Procedures) Regulations, 1971 GN No. 240 – Form No.3 compliance; Procedural competence – Petition instituted without statutory certificate renders proceedings a nullity.
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15 December 2020 |
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Extension of time granted to restore dismissed matrimonial appeal despite eight-month delay, in the interest of justice.
Law of Limitation Act s.14(1) – extension of time – setting aside dismissal for want of prosecution; delay and explanation; Lyamuya factors; special considerations in matrimonial appeals; exercise of discretion and costs.
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14 December 2020 |
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Execution orders are not appealable under the CPC; the proper remedy is revision, not appeal.
Civil procedure – Execution orders – Appealability – Execution orders are not listed as appealable under Order XL Rule 1 or sections 74/75 CPC; remedy is revision. Consent/settlement decrees – execution arising from consent judgments – challenges by revision. Appeal as creature of statute – no appeal without clear statutory provision.
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14 December 2020 |
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A former advocate’s move to a new firm created a conflict, so the applicant’s and respondent’s pleadings were struck out.
* Advocates’ professional conduct – conflict of interest – movement between firms – regs 3, 50 and 51 Advocates (Professional Conduct and Etiquette) Regulations, 2018. * Confidentiality and potential witness status – disqualification from representation. * Court’s inherent power to restrain representation and strike out pleadings to prevent abuse of process.
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14 December 2020 |
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Former firm association created a disqualifying conflict, so conflicted firms’ pleadings were struck out and costs shared.
Professional ethics – conflict of interest; advocates moving firms and disclosure of confidential information; imputed conflict to new firm; court’s inherent power to restrain representation; striking pleadings drafted by conflicted counsel.
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14 December 2020 |
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A divorce petition filed more than six months after a reconciliation certificate is incompetent and the trial judgment is nullified.
Matrimonial law — reconciliation-board certificate — sections 101, 104(5) and 106(2) Law of Marriage Act — six‑month time limit for filing divorce petition — competence of petition filed without timely certificate; late submissions disregarded.
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14 December 2020 |
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Internal organizational delay does not constitute good cause to extend time to file an appeal.
* Civil procedure – Extension of time – application for leave to file notice of appeal out of time – requirement to show "good cause" and account for all periods of delay.
* Procedural timetables – Rules of court must be obeyed prima facie; discretion to extend time exercised on material demonstrating good cause.
* Internal administrative delay – Waiting for an organisation/union board decision does not constitute good cause for extension of time.
* Technical delay – Time spent pursuing an incompetent application in the Court of Appeal can be excusable if properly accounted for.
* Labour matters – Court ordered no costs.
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14 December 2020 |
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A stay of execution requires proof of loss, promptness and security; absence of security warrants striking out the application.
* Civil Procedure – Stay of execution – Order XXXIX Rule 5(3) CPC – three conditions: substantial loss, absence of unreasonable delay, and provision of security – failure to show security fatal to stay application.
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11 December 2020 |
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An appeal dismissed as time-barred cannot be cured by a same-court extension application; available remedies are review, revision or appeal.
* Appeals – time limitation – effect of finding an appeal is time-barred – court ousted of jurisdiction; remedy is review, revision or appeal, not same-court extension of time. * Civil procedure – extension of time – application filed in the same court after appeal dismissed for being time-barred is nullity. * District Court – struck out versus dismissal – legal effect of time-barred finding is dismissal.
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11 December 2020 |
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11 December 2020 |
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Court dismissed appeal, holding house matrimonial and spouse’s domestic contribution justified the 70/30 property division.
Family law – Division of matrimonial assets; Assets acquired before marriage but improved/built during marriage treated as matrimonial property; Contribution includes domestic work and management of household affairs; Burden of proof under s.110(1) for alleged misappropriation; Section 114 (Cap 29 R.E. 2019) factors and Bi Hawa Mohamed applied to property division.
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10 December 2020 |
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Extension of time granted for administrator to file final estate account due to delayed bank statements and in the interests of justice.
Civil procedure – Extension of time under s.14(1) Law of Limitation Act; probate administration – filing of final account; diligence and interest of justice; late bank statements as cause for delay.
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10 December 2020 |
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A non‑party cannot obtain joinder or a trial de novo by revision absent jurisdictional error or material irregularity.
Revisional jurisdiction – Section 79 CPC – supervisory powers; locus standi of non‑party in matrimonial proceedings; joinder in matrimonial causes; limits to revision (jurisdictional error, illegality, material irregularity); Law of Marriage Act – characterization of matrimonial assets.
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10 December 2020 |
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High Court held dismissal for res judicata and costs were improper where successive probate appeals raised distinct issues about estate distribution.
* Civil procedure – res judicata – issue preclusion requires same parties, same issue and final decision; different issues in successive appeals negate res judicata. * Probate – powers of court versus duties of administratrix – distribution orders may be challenged if court exceeded its role. * Costs – discretion under section 30 CPC; matters raised suo motu ordinarily should not attract costs.
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8 December 2020 |
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Court excused a late taxation application but directed re-taxation to exclude costs incurred after the judgment date.
Advocates' Remuneration – taxation of bill of costs – time bar where no specific statutory limit existed – 60‑day rule to fill lacuna (BOT v Said A. Marinda) – equitable discretion to excuse late filing; Taxation practice – costs recoverable only up to date of judgment – items dated after determination must be excluded on re‑taxation.
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8 December 2020 |
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Court overruled the respondent's preliminary objections and ordered the applicant's injunction application to proceed on merits.
Civil procedure — Temporary injunction application — Preliminary objections — Procedural defects in affidavits and chamber summons — Order XIX Rule 3(1) CPC — Notaries Public and Commissioners for Oaths Act compliance — Procedural omissions not necessarily fatal — Emphasis on substantive justice.
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8 December 2020 |
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Failure to give reasons and evidential defects invalidated court-martial convictions; appeal allowed and appellant acquitted.
Court-martial procedure — duty to give reasons for findings and sentence despite Regulation requiring verdicts be recorded as "guilty/not guilty"; Evidence — chain of custody and proper tendering of exhibits; Hearsay — improper reliance on hearsay undermines criminal convictions; Disciplinary offences — prejudice to good order requires proof of underlying wrongful act; Remedy — defective trial and insufficient evidence may justify acquittal rather than retrial.
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8 December 2020 |
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Domestic work counts as contribution but insufficient proof can justify unequal division of matrimonial house.
* Family law – division of matrimonial property – application of section 114 LMA – factors to consider (contribution, customs, debts, children’s needs).
* Evidence – proof of monetary contribution – requirement to quantify payments and extent of work.
* Domestic work – recognised as contribution but not automatically equivalent to 50% share.
* Maintenance obligations – children’s maintenance as a factor supporting unequal distribution.
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8 December 2020 |
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Order for retrial nullified the primary court appointment; respondent’s post-revision administration void and appellants declared lawful owners.
Probate and administration — effect of district court revision ordering retrial — nullity of primary court appointment; Probate law/Islamic law — Islamic law not automatically applicable; tests under s.88(1)(a) (intention, manner of life, heirs’ agreement); weight of deceased’s affidavit as evidence of intention; sale and distribution by an invalid administrator void.
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8 December 2020 |
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Section 96 slip corrections cannot be used to review or vary substantive judgments; reassignment violated Order XLII rule 5.
Civil procedure – Distinction between section 96 (slip rule) and Order XLII (review); Limits of corrections to clerical/arithmetical mistakes; Jurisdiction and reassignment under Order XLII rule 5; Correctness of varying judgments and awarding unproved damages.
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8 December 2020 |
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Conviction quashed due to improperly admitted caution statement, procedural defects, and insufficient corroborative evidence.
Criminal law – statutory rape; Evidence Act s.127 – voir dire not required for complainants over 14; caution/confessional statements – inquiry required upon retraction before admission; PF3/exhibit handling – must be placed and read on record; corroboration – pregnancy alone insufficient to prove accused’s guilt; right to cross‑examine medical witness.
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7 December 2020 |
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Appellant failed to prove sufficient contribution to upset equitable 30% division of matrimonial assets; appeal dismissed.
Family law – division of matrimonial assets – proof of contribution – section 114(1) Law of Marriage Act – burden of proof under s.110(1) Evidence Act – domestic duties as contribution – equity not equality.
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4 December 2020 |
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The defendant lawfully rescinded the loan after the applicants' fraudulent misrepresentation; suit dismissed with costs.
* Contract law – misrepresentation and fraud – concealment of material facts and lack of utmost good faith as grounds for rescission of loan facility.
* Banking law – preconditions to disbursement (domiciliation) and lender’s right to rescind where borrowers misrepresent material terms.
* Remedies – rescission justified; no entitlement to damages where borrower induced contract by fraud.
* Security – lender’s general lien over mortgaged property; discharge where outstanding debt paid.
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4 December 2020 |
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High Court directed application of the Probate Act and revoked the primary court administrator due to procedural defects and jurisdictional concerns.
* Probate law – application of Probate and Administration of Estates Act to primary court proceedings – High Court power under sections 92 and 93 to direct Act's application and to exercise original jurisdiction. * Jurisdictional competence – small‑estate limits and proper forum for administration. * Procedural fairness – notice, publication and opportunity for heirs to be heard; revocation of primary court administrator where failure of justice shown.
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3 December 2020 |
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Appellant failed to prove entitlement to a larger share of matrimonial assets; LMA prescribes 45‑day appeal period.
* Family law – division of matrimonial property – entitlement measured by contribution (s.114 Law of Marriage Act).
* Evidence – need for proof of contribution and assets – appellate court will not admit fresh evidence or disturb concurrent factual findings without good reason.
* Procedure – time to appeal in matrimonial proceedings governed by s.80 Law of Marriage Act (45 days), not s.25 Magistrates' Courts Act (30 days).
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3 December 2020 |
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Whether the appellant proved entitlement to a larger share of matrimonial assets and whether the appeal period is 45 days under the LMA.
* Family law – Matrimonial property – Division under section 114 Law of Marriage Act – contribution (financial, work, domestic) as basis for share. * Evidence – appellant’s failure to prove additional assets or greater contribution; appellate review of concurrent factual findings. * Appeals – Time to appeal in matrimonial proceedings governed by s.80(2) LMA (45 days), not MCA (30 days).
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3 December 2020 |