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Citation
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Judgment date
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| November 2024 |
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The applicant failed to prove title; receipt was insufficient and credibility preferred respondent, appeal dismissed with costs.
* Land law – ownership dispute – burden of proof in civil cases – credibility findings of trial tribunal – appellate re-evaluation of evidence. * Evidence – hearsay and contradictions weaken plaintiff’s case; receipts insufficient alone to establish title. * Procedure – relief limited to pleaded claims; ownership cannot be granted absent a counterclaim.
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29 November 2024 |
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An affidavit sworn by an advocate that purports to be the applicant and omits information sources is incurably defective, warranting striking out the application.
Affidavits — Advocate as deponent — Permissible for counsel to swear affidavit; Affidavit defects — generally curable but can be incurable where deponent purports to be party or fails to disclose information sources; Pleadings language rules — raised but decision centered on affidavit defects; Relief — striking out incompetent application with costs.
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26 November 2024 |
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Failure to join the village council as a necessary party rendered the tribunal’s ex parte decision a material irregularity and was set aside.
* Land dispute – non-joinder of necessary party – village council alleged allocator of land – Order 1 r.3 CPC; * Necessary party test – right of relief and inability to pass effective decree without party (Abdullatif Mohamed Hamis); * Material irregularity – deciding case in absence of necessary party (Tang Gas); * Ex parte tribunal decision set aside for failure to join necessary party.
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26 November 2024 |
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Plaintiff failed to prove ownership of disputed land; trespass claim dismissed and suit dismissed with costs.
Land law – proof of ownership and title; credibility and consistency of evidence; trespass requires proof of superior right to possession; administratrix/administrator does not equate to ownership.
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26 November 2024 |
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Conviction for unlawful possession of wildlife trophy quashed where meat identification and inventory procedure were unlawful.
Criminal law – unlawful possession of government trophies – adequacy of identification evidence (lay scent/appearance vs scientific/expert evidence); Inventory and disposal procedure – mandatory right of accused to be heard before disposal – non‑compliance renders inventory inadmissible and to be expunged; Proof of possession – requirement to link accused to seized item.
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21 November 2024 |
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The applicant’s claim was dismissed as time‑barred for failing to plead a lawful exemption from the limitation period.
* Limitation of actions – accrual of cause of action – Item 24, Law of Limitation Act – six‑year period.
* Pleading requirements – Order VII, Rule 6 CPC – necessity to plead facts showing exemption from limitation.
* Effect of prior proceedings and different defendants on limitation – prior tribunal proceedings do not reset limitation absent proper pleading.
* Promissory estoppel/negotiations – may toll limitation if clear, pleaded and evidenced, but not on mere narration.
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20 November 2024 |
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Execution nullified because decree lacked land description and granted ownership to a defendant without a counterclaim.
* Civil procedure – Execution of decree – Decree must describe land by size and boundaries before execution. * Pleadings – Court must grant only reliefs prayed for; defendant claiming ownership must file a counterclaim. * Defective decree – Relief not claimed and lack of property description render decree unenforceable and execution void.
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19 November 2024 |
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Conviction for grievous harm was erroneous where only a lesser assault was proved; sentence reduced and immediate release ordered.
Criminal law – charge substitution – section 300(1) CPA – trial court must substitute lesser offence when proved; Medical evidence – PF-3 and testify insufficient to establish grievous harm under s.5 Penal Code; Curable errors – omission to substitute charge can be cured under s.388 CPA where no failure of justice; Evidence – assault occasioning actual bodily harm proved by eyewitnesses and medical notes; Sentencing – appellate reduction where sentence basis is unclear.
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19 November 2024 |
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Extension of time granted where withdrawn appeal caused technical delay and alleged absence of mandatory 90‑day notice raised an illegality on the record.
Land law — extension of time under s.41(2) Land Disputes Courts Act and s.95 CPC — technical delay from withdrawn appeal — illegality (absence of mandatory 90 days' notice) apparent on face of record — promptness and costs order.
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14 November 2024 |
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An unintelligible, defective plaint may be struck out; res judicata requires a prior final determination.
Civil procedure – preliminary objections – locus standi and jurisdictional objections that raise factual disputes are inappropriate as pure points of law; Res judicata – requires same parties, same subject matter and a final determination by a competent court; Pleadings – failure to state essential particulars (Order VII r.1(b), r.3, r.1(e)) and an unintelligible plaint justifies striking out rather than permitting amendment; Costs awarded to respondents where plaint struck out.
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13 November 2024 |
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Enlargement of time refused where applicant failed to produce affidavit from court officials and failed to account for delay.
Extension of time – application to enlarge time to file notice and records of appeal and certificate – applicant must account for delay and exhibit diligence; affidavit evidence required from responsible court officers to corroborate alleged registry refusal; absence of such evidence and inordinate delay warrant dismissal.
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13 November 2024 |
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Appeal dismissed; conviction for incest upheld though investigator’s tardy caution statement was expunged.
Criminal law – Sexual offences/incest; evidence of child of tender age – compliance with s.127(2) Evidence Act; admissibility and recording of caution statements – statutory four‑hour rule; extrajudicial statements recorded by Justice of the Peace – Chief Justice’s instructions; relevance of identity discrepancies; non‑calling of witnesses and adverse inference.
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12 November 2024 |
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Failure to join the Commissioner for Lands in a suit over surveyed/registered land ousts tribunal jurisdiction, nullifying its proceedings.
Land dispute; surveyed/registered plot; non-joinder of Commissioner for Lands/Registrar of Titles; jurisdictional defect; Government Proceedings Act; Nestory Msoffe precedent; nullification of tribunal proceedings.
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12 November 2024 |
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12 November 2024 |
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Plaintiff’s crops seized lawfully for illegal cultivation in forest reserve; suit dismissed with costs.
Forest reserves – encroachment and cultivation prohibited; seizure of crops lawfully made under Forest Act s.26; evidentiary contradictions undermine claim to ownership and damages; CHRGG report and maps as admissible evidence of reserve boundaries.
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12 November 2024 |
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Appellant failed to prove ownership; appellate court upheld tribunal's finding that respondent lawfully occupies the land under 2017 boundaries.
Land law – ownership and occupation disputes; evaluation of conflicting oral evidence; standard of proof in civil land claims; appellate re-evaluation of credibility; giving benefit of doubt where evidence is evenly balanced.
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11 November 2024 |
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11 November 2024 |
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The applicants' compensation claim for acquired land was dismissed as time-barred; court found no jurisdiction.
Limitation of actions – Compensation for compulsory acquisition – Accrual of cause of action upon completion of valuation; binding effect of Court of Appeal precedent; jurisdictional bar where suit is time-barred; preliminary objection on statutory notice and plaint sufficiency not decided once time bar established.
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8 November 2024 |
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Failure to prove administratrix authority and ownership defeats a land claim; assessors’ opinions were properly considered.
* Land law – locus standi and administration of estates – requirement to obtain letters of administration before suing on a deceased’s estate; * Evidence – burden of proof in civil claims – claimant must prove ownership on balance of probabilities; * Adverse possession – cannot be asserted where claimant relies on customary inheritance; * Procedural law – assessors’ opinions must be written, read and considered (Reg.19(2) GN No.174/2003; s.24 Land Courts Act); * Pleadings – parties are bound by their pleadings and cannot change cause of action on appeal.
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6 November 2024 |
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Court affirmed conviction for unlawful possession of government trophies despite exhibit destruction and absent independent witnesses.
* Criminal law – unlawful possession of government trophies – proof of possession and identification of wildlife parts; chain of custody and admissibility of destroyed exhibits. * Evidence – absence of independent witnesses at arrest/search; evaluation of minor inconsistencies in witness statements. * Procedural – failure to call additional witnesses or disclose vehicle/phone details not necessarily fatal where prosecution case otherwise proved.
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5 November 2024 |
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An unequivocal guilty plea after proper procedure supports conviction despite omission of the specific time in the charge.
Criminal procedure – plea of guilty – requirements for valid plea (reading charge, explaining ingredients, prosecutor’s facts, accused’s admission); Charge sufficiency – omission of time not fatal under s.132 CPA; Evidence – tendering PF-3 or proving age not mandatory where facts not disputed; Appealability – guilty plea generally bars appeal absent facial illegality.
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5 November 2024 |
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Appellate court set aside unpleaded finding of customary distribution and restored disputed land to the estate administrator.
Civil procedure – relief must be pleaded – court cannot grant unpleaded relief; Evidence – customary distribution not established where witnesses admit no administration and letters of administration were later issued; Probate/estate administration – appointment of administrator and ongoing dispute negate applicability of presumed customary distribution; Appellate review – High Court re-evaluates evidence and draws its own conclusions on appeal.
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1 November 2024 |