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433 judgments found.
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March 2025
Summary judgment granted against the defendant for unpaid NSSF contributions and accrued penalties, with a payment schedule and possible penalty waiver.
Civil procedure — Summary judgment — Order XXXV Rule 2(2)(a)&(b) CPC
11 March 2025
Summary judgment granted for unpaid statutory NSSF contributions and penalties where defendant did not seek leave to defend.
Civil procedure — NSSF Act s.74A(2)
— interest at court rate
— no order as to costs
— recovery of unpaid statutory contributions and penalties
Civil procedure — Summary judgment
11 March 2025
Summary judgment for applicant for unpaid social security contributions; respondent ordered to pay and may seek penalty waiver.
Civil procedure — Summary judgment
11 March 2025
Absence of a social welfare officer for child witnesses vitiated the trial; the applicant's conviction was quashed.
Evidence — Absence of investigating/medical witnesses and PF3s — evidential gaps
Evidence — Child witness evidence
— mandatory attendance of social welfare officer
— Procedural irregularity vitiating trial
Evidence — Retrial principles — retrial only when interest of justice requires and not to fill prosecution gaps
11 March 2025
Extension of time granted because an apparent illegality in the appellate decision warranted reconsideration.
Civil procedure
— Extension of time to appeal — Illegality apparent on the face of the record as ground for extension
— Electronic filing — Burden of proof to demonstrate earlier effective filing date
10 March 2025
Summary judgment granted where defendant failed to seek leave to defend statutory NSSF contributions claim.
Civil procedure — Summary judgment — Order XXXV Civil Procedure Code — Award of decretal sum, court interest and costs
10 March 2025
Extension granted due to apparent sentencing illegality despite uncorroborated delay explanations.
Civil procedure — Extension of time to appeal — Good cause, inordinate delay and diligence (Lyamuya principles) — Illegality of impugned judgment as sufficient cause
Evidence — hearsay in affidavits — unauthorised third‑party information in an affidavit is inadmissible and lacks evidential value
10 March 2025
Revision dismissed: executing court lawfully upheld auction, no disclosure duty, and consent decree was executable.
Civil procedure
— Court brokers rules — Auction and sale in execution — Notice, publication, bidders and protection of bona fide purchaser
— Execution of decree — Attachment and sale — Whether property may be attached in execution of decrees of more than one court — Sections 50 and 54 CPC
— Interpretation of decree — Whether executing court may interpret but not rectify a decree — Section 38 CPC
10 March 2025
Alleged e-CMS failure did not justify unexplained, inordinate delay to obtain an extension of time to appeal.
Criminal procedure — Extension of time to appeal — good cause — duty to account for each day of delay
Evidence — System failure/excuse — Need for corroborating evidence (ICT/prison officer affidavits) when alleging institutional/systemic impediments
Requirement to act diligently and account for delay — Delay — Requirement to account for each day of delay — Lyamuya test
7 March 2025
Summary judgment granted for unpaid NSSF contributions and penalties after defendant failed to seek leave to defend.
Civil procedure — Summary judgment — Defendant's failure to apply for leave to defend deems plaint's allegations admitted — Order XXXV Rule 2(2)
Labour law — Social security contributions — Recovery of NSSF contributions and penalties by summary procedure — Section 74A(1) NSSF Act
5 March 2025
Expiry of the applicant's fixed‑term contract without reasonable expectation of renewal was not unfair termination; CMA award upheld.
Labour law
— Revision of CMA award — court will not revise award where CMA properly evaluated evidence — scope to interfere where claims were not pleaded or not proved before the CMA
— fixed-term contracts — expiry and non-renewal — reasonable expectation of renewal
5 March 2025
District Court's suo motu disposal without hearing parties violated the right to be heard, rendering its decision null.
Civil procedure
— Execution — Attachment of property — Execution irregularities and quashing of main judgment (Magistrates' Courts Act s22(3))
— revisional jurisdiction — section 22 Magistrates' Courts Act — Right to be heard (Article 13(6)(a) Constitution)
5 March 2025
Cautioned statement expunged, but victim's credible testimony and medical evidence proved sodomy beyond reasonable doubt.
Civil procedure — Delay and minor contradictions
— do not necessarily amount to reasonable doubt
— explained by threats, incapacity and memory lapse
Criminal law
— admissibility of cautioned statement — requirement of section 57(4) CPA for illiterate accused — non-compliance leads to expungement
— corroboration — medical evidence of anal penetration and witness observations corroborate victim’s account
— sexual offences — victim as best witness — credible testimony may suffice to convict absent direct eyewitness
5 March 2025
Failure to determine disputed age rendered trial a nullity; conviction set aside and appellant released.
Criminal law
— Double jeopardy — Prior final conviction for criminal trespass bars retrial on same facts
— Juvenile procedure — Obligation to determine accused’s age before trial and sentence
Criminal procedure — Jurisdiction — defective or incurable omissions invalidate proceedings and require quashing of conviction and retrial
4 March 2025
Whether instituting fresh matrimonial proceedings violated an appellate retrial order, rendering subsequent judgments nullities.
Functus officio — appellate orders — compliance with court orders — retrial de novo — nullity of proceedings instituted contrary to appellate directive.
4 March 2025
February 2025
Failure to prove the pleaded monetary claim and deviation from pleadings justified dismissal of the appeal with costs.
Appellate practice — Appellate interference — concurrent findings may be disturbed where there is a miscarriage of justice or violation of legal principle
Civil procedure — Filing of written submissions — Non-compliance with court order
Evidence — Documentary evidence — trial court’s duty to consider and give reasons if rejecting documents — Court may reject exhibits that do not prove pleaded relief
27 February 2025
Court dismissed appeal, holding administrator's contract claim was a civil suit and costs properly awarded under s.30 CPC.
Civil procedure
— Costs — Award of costs at preliminary objection stage — Judicial discretion under s.30 Civil Procedure Code
— Probate & administration — Executor/administrator’s power to sue and prosecute appeals — Costs follow the event
27 February 2025
Proceedings struck out for lack of locus standi where applicants failed to prove representative status and standing.
Civil procedure — Locus standi — Representative suits — Requirement for leave and notice under Order I Rule 8 CPC
Land law — Joinder of necessary parties — Commissioner for Lands and Registrar of Titles as necessary parties where title/resurvey central to dispute
Civil procedure — Correction of clerical or arithmetical mistakes — Scope limited to errors not affecting judgment’s substance — Section 96 CPC
24 February 2025
A filed settlement deed was entered as a consent judgment resolving unpaid social security contributions with instalment terms.
Contract law — Consent Judgment — settlement deed filed and made the court’s consent judgment
Contract law — Enforcement — payment of outstanding principal by instalments and concurrent submission of current contributions
Contract law — Finality
— Compromise of claimed penalties reflected in parties’ agreement
— settlement bars further claims between parties and binds successors
Contract law — Social security law — employer statutory obligation to remit members’ contributions — default and penalties
24 February 2025
An application to restore an appeal dismissed for want of prosecution is incompetent if filed after the statutory 30‑day limitation period.
Civil procedure
— extension of time — Court lacks jurisdiction to entertain time‑barred applications absent prior leave
— Filing date — Issuance of e‑CMS control number as official filing date for limitation purposes
— Restoration of appeal dismissed for want of prosecution — Limitation period — Issuance of e‑CMS control number as official filing date for limitation purposes
24 February 2025
The applicant’s failure to exhaust statutory social‑security remedies rendered the suit premature and thus incompetent.
Contract law — Procedural — court may decide on submissions in chief where other party fails to file reply
Contract law — Proper party to sue — Board of Trustees
Contract law — Social security
— Claims to benefits to be first determined by Director‑General and (if dissatisfied) reviewed by Social Security division/Authority
— Jurisdiction
24 February 2025
Appellate court’s failure to hear parties violated the constitutional right to be heard, rendering its decision a nullity.
Civil procedure — Constitutional right to fair hearing (article 13(6)(a)) — natural justice — appellate proceedings held without hearing
21 February 2025
Failure to tender and admit a reconciliation-board certificate renders a divorce petition incompetent and deprives the trial court of jurisdiction.
Civil procedure — Effect of non-compliance
— petition filed without a valid, admitted reconciliation-board certificate is incompetent
— subsequent orders are quashed
— trial court lacks jurisdiction
Civil procedure — Evidentiary status of annexures — documents attached to pleadings are not evidence unless formally tendered and admitted
Family law — Divorce jurisdiction — mandatory requirement to refer matrimonial disputes to a Marriage Reconciliation Board under section 101 of the Law of Marriage Act
21 February 2025
Material variance in dates and unexplained reporting delay rendered the rape conviction unsafe, resulting in acquittal.
Criminal law — sexual offences — proof of rape — victim's evidence as primary evidence and requirement of corroboration, including medical evidence
Criminal procedure — variance between charge and evidence — fatal to proof if material and unexplained — Fatal to conviction
Evidence — delay in reporting — delay in reporting an offence does not automatically discredit an eyewitness if a reasonable explanation exists — Unexplained delay undermines witness credibility and prosecution case
21 February 2025
Unexplained 543‑day delay and uncorroborated prison transfers do not justify extension of time to appeal.
Criminal procedure — extension of time to file notice of appeal and appeal — good cause — Applicant must account for the period of delay (Lyamuya criteria)
Prison law — Prison transfers and reliance on prison officers to lodge documents — Need for corroborative evidence and specification of transfer dates
19 February 2025
Technical defects in child‑testimony and adjournment procedure were curable; conviction and sentence were upheld.
Criminal law — Child evidence — compliance with amendment on reception and assessment of child evidence — Evidence Act s.127(2),(7)
Criminal procedure
— Preliminary hearing — failure vitiates only the preliminary hearing not the trial — Section 192 CPA
— Section 231 CPA — Right to call defence witnesses — s.231(4) CPA
19 February 2025
Summary judgment available to recover statutory NSSF contributions where defendant fails to seek leave to defend.
Summary procedure — Order XXXV CPC — Recovery of statutory NSSF contributions under s.74A(2) — Defendant’s failure to obtain leave to defend — Allegations deemed admitted — Documentary proof sufficient for summary judgment.
18 February 2025
Summary judgment granted for unpaid statutory pension contributions where defendant failed to obtain leave to defend.
Summary procedure — Order XXXV CPC — Recovery of statutory pension contributions — Section 74A(2) NSSF Act permits summary suit — Failure to obtain leave to defend amounts to confession — Award of principal, published lending interest and court interest — Costs awarded.
18 February 2025
Appeal dismissed: age, penetration and identity proved; statutory 30-year rape sentence upheld.
Criminal law
— Evidence in sexual offences — child victims’ testimony — Credibility, coherence and corroboration in rape cases
— sentencing — Statutory minimum sentence — Sentence at statutory minimum affirmed
— sexual offences against a child — Proof that victim is under relevant statutory age is an essential ingredient — Proof of age, penetration and identity
17 February 2025
Suo motu limitation correctly raised; six‑year limitation barred the appellant’s 2009 claim filed in 2024—appeal dismissed, no costs.
Civil procedure — Limitation of actions — Jurisdictional effect of time limitation — Magistrate’s Courts
14 February 2025
An appellate court’s failure to consider grounds of appeal is a fatal irregularity warranting nullification and remittal.
Appellate practice — Appellate duty — first appellate court may re-evaluate evidence including defence where trial court failed to make findings
Family law — Matrimonial proceedings — right to be heard — Jurisdiction and right to be heard before distribution of matrimonial property
14 February 2025
A breach-of-sale claim seeking refund is a contractual dispute, not a land dispute, so the DLHT lacked jurisdiction.
Civil procedure
— Jurisdiction of tribunals — jurisdiction is statutory and cannot be conferred by consent
— preliminary objection — competence of DLHT to hear claims seeking contractual remedies
— Procedural — decisive jurisdictional ground obviates consideration of merits
Land disputes — distinguishing disputes over ownership/possession/use from contractual breaches concerning land
13 February 2025
Corporate veil lifting quashed for failure to prove fraud, sham or asset concealment; respondent must prove misuse before reapplying.
Company law — Directors’ liability — majority shareholder‑director may be liable where proven, but liability requires established grounds
Company law — Execution
— TRA non-response insufficient proof of absence of assets
— Tracing judgment debtor’s assets
Company law — lifting corporate veil — requires proof of fraud or exceptional circumstances
12 February 2025
Second appeal barred from new factual grounds; custody upheld on child's welfare and continuity of care.
Family law — Child custody — Best interests of the child paramount — Best interests and continuity of care govern custody (s.125 LMA; Law of the Child Act)
Appellate practice — Second appeal — Issues not raised in first appeal cannot be pursued as afterthoughts in second appeal — Confined to points of law arising from first appeal
Family law — Custody — Best interest of the child (s.125 LMA) and deference to concurrent findings of fact — Best interests, continuity of care and parental capacity govern custody
11 February 2025
Applicant failed to show sufficient cause for extension; filing errors and e-CMS issues do not excuse delay.
Civil procedure — extension of time
— Alleged e-CMS errors unsupported by evidence insufficient
— Deputy Registrar has no mandate to amend parties’ documents
— Prospects of success on appeal are premature at extension stage
— Responsibility for accuracy of filings rests with parties
— sufficient cause
7 February 2025
Extension granted where prison administrative failure, not applicant's negligence, delayed appeal filing.
Criminal procedure
— Extension of time to appeal — Delay caused by Electronic Case Management System failure and prison office inability to lodge appeal
— Extension of time — Sufficient cause
7 February 2025
Failure to observe mandatory witness‑statement timelines violated fair hearing; dismissal set aside and case restored.
Civil procedure
— Dismissal for procedural non‑compliance — where dismissal results from court’s failure to follow mandatory procedure, such dismissal is ultra vires and liable to be set aside
— Order XVIII — mandatory timelines for filing and service of witness statements — denial of adequate time to review witness statements and prepare for cross-examination vitiates proceedings
— restoration — case restored and remitted for rehearing where dismissal is nullified due to procedural irregularity
7 February 2025
Appeal dismissed: claim within limitation and respondent proved title; court upheld sanctity of record and weight of evidence.
Civil procedure — Presumption of accuracy of court record — Allegation of alteration of proceedings
Evidence — weight of evidence — Failure to produce title document and evaluation on balance of probabilities
Land law — Limitation — Accrual of cause of action and twelve‑year limitation
6 February 2025
Defendant’s failure to file leave to appear warranted summary judgment for unpaid social security contributions and penalties.
Civil procedure — Summary suit
— Entitlement to summary judgment
— Interest and costs
5 February 2025
January 2025
Appeal allowed: suit to recover deceased’s land was time‑barred, DLHT lacked jurisdiction; decision quashed with costs.
Civil procedure — Procedure
Evidence — Evidence and possession — long occupation and allocation issues unnecessary to decide once limitation bars suit
Limitation law — Limitation of actions — Land — dispossession or death
30 January 2025
A temporary stay of execution was granted where urgency, arguable appeal and risk of irreparable eviction were established.
Civil procedure — Stay of execution pending appeal — Criteria for ex parte stay: urgency, prima facie arguable appeal, and risk of irreparable harm (prevention of nugatory appeal)
21 January 2025
Deaths proven but prosecution failed to link the accused beyond reasonable doubt using circumstantial and phone‑tower evidence.
Criminal law — Murder — Elements of murder and proof beyond reasonable doubt
Evidence
— Cautioned/confessional statements — Compliance with CPA s57(3) mandatory
— circumstantial evidence — Tests for a chain of inference pointing unerringly to guilt
6 January 2025
December 2024
A stay of execution granted pending ownership dispute where applicant shows prima facie title and risk of irreparable harm.
Execution law — Stay of execution under Order XXI r.57 — Ownership dispute over attached property — Prima facie title and absence of encumbrance — Risk of irreparable harm — Balance of convenience favors stay.
18 December 2024
Allegation of coercion failed; appellate court properly enforced a freely signed written loan agreement and dismissed the appeal.
Appellate practice — Appellate review — re-evaluation of Primary Court evidence and application of Magistrates' Courts
Contract law
— free consent and coercion — burden on party alleging coercion to prove threats or duress
— sanctity of contract — courts should not alter terms of freely concluded agreements absent vitiating factors
17 December 2024
Land recovery claims accrue at the owner’s death; a 12‑year limitation bars late claims despite caretakers or later administrators.
Limitation law — Limitation of actions
— cause of action to recover land accrues on owner’s death
— possession by caretaker does not extend or restart limitation
— subsequent grant of letters of administration does not revive time‑barred claims
— time‑bar as jurisdictional bar
17 December 2024
Applicant failed to show sufficient cause for extension due to lack of proof, unaccounted delay and advocate inaction.
Limitation law — Limitation of actions — Extension of time — sufficient cause factors (length, reason, arguability, prejudice) — duty to account for each day of delay
16 December 2024
Unreliable identification and defective cautioned/confessional statements led to acquittal of the accused.
Criminal law — murder elements (death, causation, malice) — visual identification reliability — compliance with s.57(3)/(4) CPA for cautioned statements — right to be brought to court as soon as practicable
13 December 2024
A former lessee lacks locus standi to obtain an injunction restraining the owner after lease expiry.
Administrative law — Locus standi — lease expiry
— a former lessee/trespasser lacks standing to seek injunction against true owner
— interim injunction not available to expired-lessee
— jurisdictional nature of locus standi
12 December 2024
Failure to tender the Marriage Conciliation Board certificate in evidence deprived the trial Court of jurisdiction, nullifying subsequent judgments.
Family law — Law of marriage act
— annexures not evidence
— non-compliance renders proceedings a nullity
— requirement of Marriage Conciliation Board certificate in divorce petitions
11 December 2024
Acquittal upheld: prosecution failed to prove teacher’s sexual offences due to delay and material contradictions.
Criminal law — sexual offences
— Burden of proof beyond reasonable doubt
— DNA/chain of custody issue unnecessary where prosecution case fails on credibility
— Material contradictions among prosecution witnesses vitiate the case
— Unexplained delay in reporting sexual offences may undermine prosecution
11 December 2024