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Citation
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Judgment date
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| December 2022 |
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Municipal acquisition without statutory procedure: customary owners entitled to valuation-based compensation, damages and costs.
Land law – customary land – acquisition for public purpose – Land Acquisition Act requirements (notice, service, Gazette) – failure to follow statutory procedure – valuation for compensation – entitlement to compensation and general damages for delayed payment.
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16 December 2022 |
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Whether the High Court may suo motu nullify administrator appointments and whether it may revoke/appoint administrators on probate appeals from Primary Court.
Appellate jurisdiction – certification of point of law – whether High Court may raise appointment issue suo motu and nullify appointments without hearing – whether High Court can revoke and appoint administrators in probate appeals originating from Primary Court.
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16 December 2022 |
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15 December 2022 |
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Whether plaintiffs alleging customary ownership can overcome a lawful survey, allocation and execution order.
Land law – Ownership dispute between customary occupiers and a surveyed/allotted plot; validity of survey and allocation; execution of tribunal decree and legality of demolition; proof required for customary title and compensation claims; weight of documentary evidence (allocation, registration, valuation).
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15 December 2022 |
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Extension of time granted due to apparent illegality from reliance on an unadmitted exhibit despite unexplained delay.
Extension of time – section 11(1) Appellate Jurisdiction Act – requirement to account for each day of delay – exception where illegality exists – illegality need not be strictly apparent on face of record – reliance on unadmitted/ unmarked exhibit (P3) as basis of decision constitutes sufficient illegality to grant extension.
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15 December 2022 |
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Administrator's claim dismissed; municipal allocation irregular and purchaser lawfully occupies the plot despite the voided offer.
* Land law – survey and allocation – requirement of notice and compensation to existing occupiers; irregular survey/allocation renders the allocation flawed.
* Land law – customary ownership – continued customary title until lawful acquisition; right to sell under customary title when acquisition procedures not followed.
* Right of occupancy – development conditions and rent obligations – failure to comply may render offer ineffective.
* Trespass – purchaser from customary owner in lawful occupation not a trespasser where municipal procedure was defective.
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12 December 2022 |
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A civil suit cannot re-open or set aside a closed probate/administration; remedies are appeal, revision, or suit against the administrator personally.
* Probate and Administration — jurisdiction — effect of court closing probate/administration (functus officio) — civil suit cannot re-open concluded probate proceedings. * Probate procedure — inventory, accounts, inspection, caveat, citation and contentious procedure. * Remedies — appeal/revision against probate order; suit against administrator personally for misconduct; criminal prosecution for fraud. * Public policy — finality of probate proceedings prevents collateral civil challenges to closed estates.
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12 December 2022 |
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8 December 2022 |
| November 2022 |
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Plaintiff entitled to repayment, interest and damages after court found an oral supply agreement breached and payments misapplied.
Contract law – Oral agreement for supply of goods – Proof by credible oral testimony and documentary evidence (order and bank slips); Breach for non‑delivery; Restitution of advance payments; Interest and general damages for loss of business circulation.
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25 November 2022 |
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11 November 2022 |
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11 November 2022 |
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Employees of a public corporation must exhaust Public Service Act remedies before approaching the CMA, ousting the CMA's jurisdiction.
Public Service Act s.32A – jurisdiction – employees of public corporations treated as public servants – requirement to exhaust Public Service Act remedies before CMA – premature CMA proceedings rendered illegal; statutory tension between finality of Presidential decision and access to labour fora.
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9 November 2022 |
| October 2022 |
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Failure to file the statutory notice and to comply with Rule 24(3) rendered the labour revision incompetent and it was struck out.
* Labour law – Revision of CMA award – Requirement to file notice of intention to apply for revision under Regulation 34(1) GN. 47/2017 – mandatory compliance.
* Civil procedure – Affidavit formalities – Rule 24(3)(a)-(c) Labour Court Rules GN. 106/2007 – addresses and description of parties and issues – non-compliance renders affidavit defective.
* Procedure – Pleadings – raising new issues in submissions (travelling outside the pleadings) is impermissible.
* Public law – non-joinder of Attorney General for public corporation at revision stage not permissible when not party at CMA.
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28 October 2022 |
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28 October 2022 |
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Title issued during an unresolved boundary/ownership dispute is invalid; concurrent factual findings upheld and appeal dismissed.
Land law – boundary and ownership disputes; validity of survey and title issued during unresolved dispute; concurrent findings of fact on appeal; titles obtained amid dispute are void.
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28 October 2022 |
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A title issued after a disputed survey is invalid; appellate court upheld concurrent findings and dismissed the appeal with costs.
Land law – Survey and titling – Validity of title issued during ongoing ownership/boundary dispute – Concurrent findings of fact on appeal – Burden of proof and possession evidence; credibility assessment; title obtained during dispute may be void.
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28 October 2022 |
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A primary court may consolidate probate objections with the petition; clan meetings are not mandatory; applicant's appeal dismissed.
* Probate law – appointment of administrator – clan/family meeting is customary, not statutory – minutes helpful but not mandatory. * Probate procedure – objections at primary court often raise factual issues – magistrate may consolidate objection with petition. * Evidence – allegations of prior distribution require proof.
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28 October 2022 |
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Court allowed correction of clerical slips under section 96 CPC, accepting a letter application under Order XLIII r.2 exceptions.
Civil Procedure — Section 96 CPC — correction of clerical or arithmetical mistakes; Order XLIII r.2 CPC — general requirement for chamber summons supported by affidavit and exceptions (oral application, unanimous memorandum, other appropriate mode); requirement to afford parties hearing before correction; practice of consulting court before invoking exceptions.
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27 October 2022 |
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Taxation during a pending appeal was improper; apportionment and contingency-based instruction fees were unlawful.
* Civil procedure — Taxation of bill of costs — Jurisdiction — Taxation impermissible where notice of appeal to Court of Appeal is pending. * Costs — Apportionment — Parties to litigation treated equally in taxation absent court order; Attorney General is a proper party. * Advocates' fees — Instruction/contingency fees — Instruction fees must be based on pleaded subject matter and prescribed scales; basing fees on decretal sum (contingency percentage) is improper.
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27 October 2022 |
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Court granted extension of time to appeal after accepting registry delay and exercising discretion to disregard a short unexplained lapse.
* Civil procedure – extension of time to appeal – Law of Limitation Act s.14(1) and Land Disputes Courts Act s.41(2) – delay caused by registry/typing problems – accounting for delay – overriding objective and exercise of judicial discretion.
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27 October 2022 |
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21 October 2022 |
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11 October 2022 |
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11 October 2022 |
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11 October 2022 |
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Applicant's unsubstantiated negotiation claims failed to justify 370‑day delay; CMA's refusal to extend time was upheld.
Labour law – extension of time/condonation – applicant must account for entire delay, show diligence, and provide evidence supporting claimed negotiations or referrals; mere uncorroborated assertions insufficient – discretionary refusal by CMA upheld.
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7 October 2022 |
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7 October 2022 |
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Extension of time denied: unpaid-salary claim accrued when each salary fell due; applicant failed to account for delay.
Labour law – extension of time – accrual of cause of action for unpaid salaries – whether cause of action arises on each falling due or on employer’s death – requirement to account for each day of delay when seeking extension of time.
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6 October 2022 |
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Labour dispute founded on a CMA award was filed in the wrong forum; proper remedy is execution in the High Court Labour Division.
Labour law — jurisdiction — enforcement of CMA awards — proper forum is High Court Labour Division; Public Service Act and Teachers Service Commission Act — civil‑service dispute resolution schemes; wrongful filing in District Court; execution of arbitral/labour awards.
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4 October 2022 |
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Reporting an alleged commercial fraud was not malicious prosecution; appeal dismissed with costs.
Malicious prosecution — elements: institution by defendant; want of reasonable and probable cause; malice; termination favorable to plaintiff — burden on plaintiff. Acquittal not determinative of malice. New facts cannot be introduced in appellate submissions; appeals constitute rehearings limited to the record.
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4 October 2022 |
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Child’s prompt identification plus medical corroboration upheld rape conviction despite reporting delay.
* Criminal law – Rape of a child – Victim’s contemporaneous identification and in‑court identification – Corroboration by medical examination. * Delay in reporting – Explanation may excuse otherwise prejudicial delay. * Hearsay – conviction must be based on direct evidence; prosecution discretion on witness selection. * Alibi – notice and proof required. * No legal obligation to report to local leaders before police.
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3 October 2022 |
| September 2022 |
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Religious-council and court-issued talaka dissolved the marriage, validating the subsequent marriage and dismissing the damages claim.
Islamic law – talaka – recognition of religious council (BAKWATA) and primary court certificate; burden of proof on plaintiff to show divorce invalidity; validity of subsequent marriage where prior marriage dissolved; causation and damages for breakdown of marriage.
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30 September 2022 |
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Application for Mareva injunction dismissed as overtaken by events and Atilio v Mbowe criteria not met.
Civil procedure – Temporary/Mareva injunction – application improperly brought under Order XXXVII where no suit pending; defect curable under CPC s.3A (overriding objective); application overtaken by events where trespass, tree-felling and construction of public hospital preceded application; Atilio v Mbowe conditions (prima facie case, irreparable loss, balance of convenience) not satisfied.
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30 September 2022 |
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Political statements at village meetings were not defamatory absent wider publication and proven reputational harm; later utterances amounted to a fresh cause of action.
Defamation – Elements: defamatory words, reference, publication, damage; Publication – extent and third‑party reception; Pleadings – necessity to plead and prove the exact words; Amendment – repetition of defamatory words after filing is a fresh cause of action (requires new suit); Political speech – statements in political/village meetings assessed in social/political context for defamatory character; Damages – necessity of clear, corroborated evidence of reputational harm and consequential losses.
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27 September 2022 |
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Related criminal proceedings arising from the employment dispute justified a limited extension of time to file the labour claim.
* Labour law — Extension of time to institute proceedings — Good cause — Interdiction prior to termination not a ground; negotiations with employer insufficient; related criminal proceedings may constitute good cause.
* Civil procedure — Delay — Applicant must account for period of delay and show diligence — criminal prosecutions connected to employment can justify extension.
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20 September 2022 |
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Court allowed amendment to remove withdrawn counsel's name, barred that counsel from further involvement, and ordered DLHT to accept the limited amendment.
* Land law – Revision powers under section 43 – High Court may act suo motu on complaints about DLHT proceedings.
* Civil procedure – Amendment of pleadings – Discretion to allow amendments where no injustice; procedure required when counsel has withdrawn.
* Professional conduct – Withdrawal of counsel – withdrawn counsel loses standing to seek procedural orders and must desist from interfering.
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20 September 2022 |
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Tribunal’s unilateral date change and failure to summon for ruling justified extension of time to file an appeal.
* Civil procedure – extension of time – change of hearing date and failure to summon for delivery of ruling – procedural irregularity and illegality as ground for extension.
* Civil procedure – ex parte proceedings – absent party entitled to be informed when judgment is delivered.
* Appeals – necessity of drawn order/decree for lodging appeal – delay caused by inability to obtain drawn order can justify extension.
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20 September 2022 |
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Non‑compliance with Labour Court Rules and an omnibus application warranted striking out the extension application.
Labour procedure – extension of time – compliance with Labour Court Rules (index of pagination; affidavit content; notice of representation) – omnibus applications – constitutional argument on technicalities not a defense to rule non‑compliance – competence of application.
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20 September 2022 |
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15 September 2022 |
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13 September 2022 |
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Non-joinder of the Commissioner for Lands renders the plaintiff’s suit improperly before the court.
Land law — Offer of right of occupancy signed by district land officer — Commissioner for Lands is a necessary party to disputes touching such offers — Non‑joinder renders suit improperly before court; mis-pleading a party as trespasser may be struck out but does not always require dismissal.
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12 September 2022 |
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9 September 2022 |
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9 September 2022 |
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6 September 2022 |
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6 September 2022 |
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6 September 2022 |
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2 September 2022 |
| August 2022 |
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31 August 2022 |
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30 August 2022 |
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30 August 2022 |
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26 August 2022 |