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Citation
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Judgment date
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| August 2024 |
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Court declined to disturb a taxing officer’s discretionary assessment of advocacy costs, dismissing the application.
* Taxation of costs – discretion of taxing officer – court will only interfere where wrong principle or injustice shown
* Advocates Remuneration Orders, 2015 – Order 48 – scope relates to costs of prosecuting taxation when more than one-sixth disallowed, not automatic disallowance of the whole bill
* Requirement of proof of instruction fees – no strict requirement for receipts; taxing officer may assess against scales and reasonableness
* Standard of review – taxation discretionary; interference only for wrongful principle or arbitrary exercise
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30 August 2024 |
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Extension of time granted because execution against non-parties constituted an incurable illegality.
Civil procedure — Extension of time — Requirement to account for each day of delay; Illegality as sufficient cause for extension of time; Execution — Executing decree against non-parties; Admissibility of BRELA extracts and effect of deregistration.
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30 August 2024 |
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28 August 2024 |
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Applicant failed to prove defendants trespassed on his land; claim dismissed, no order as to costs.
Land law - trespass and compensation; road reserve vs private land; community road dimensions and road corridor; burden of proof in trespass claims; evidentiary weight of valuation report and absence of key witnesses.
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27 August 2024 |
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Whether an executing tribunal may enforce a decree that mandates identification of the disputed land before handover.
Land law – Execution of decrees – Executability of a decree directing land identification by elders; Jurisdiction of executing tribunal versus appellate/revisionary tribunal; Procedure where decree is vague or anomalous.
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22 August 2024 |
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Respondent’s title upheld by adverse possession; the applicant’s appeal is dismissed.
Land law – adverse possession – requirements and proof; Restoration of appeal dismissed for want of prosecution; Evidence of possession versus documentary allocation; Locus of parties/administrators in succession disputes.
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22 August 2024 |
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Court recognised limited ownership for two plaintiffs but found no proved trespass by the basin authority.
Land law — proof of ownership — evidentiary burden under s.110 Evidence Act; Protected water‑basin regulation — beacons and 60‑metre buffer; Trespass — necessity of specific proof of boundary exceedance; Administrative records (village minutes, district letters, survey payments) as title evidence.
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20 August 2024 |
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Appellants' guilty pleas were unequivocal; convictions and custodial sentences were upheld as lawful.
* Criminal law – Plea of guilty – test for equivocal or coerced plea; accused must raise coercion at trial to challenge plea on appeal.
* Criminal procedure – Particulars of charge – adequacy of charge sheet and facts; naming every person advised not required where facts sufficiently disclose ingredients.
* Evidence – Exhibits – non-tendering of physical exhibits at plea stage does not necessarily vitiate convictions if facts from statements are read, explained and admitted.
* Sentencing – Discretion – custodial sentence without option of fine may be lawful even for first offenders depending on circumstances.
* Arrest and arraignment – Delay alone does not establish coercion absent supporting evidence.
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20 August 2024 |
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A material variance between the charge sheet and prosecution evidence vitiates the appellant's conviction.
Criminal law – Arson – Variance between charge sheet and prosecution evidence on material particulars (place of occurrence) – Material conflict vitiates proof beyond reasonable doubt – Substituted charge conflicting with evidence is fatal – Conviction and sentence quashed; immediate release ordered.
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19 August 2024 |
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A lease-termination dispute was contractual, outside the Land Tribunal’s jurisdiction, so its judgment was nullified.
Land law — Jurisdiction of District Land and Housing Tribunal — Termination of lease for breach is a contractual matter, not a title dispute — Tribunal lacked jurisdiction — Proceedings nullified and orders set aside.
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16 August 2024 |
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An application lacking mandatory particulars under Regulation 3(2) is incompetent and properly struck out.
Land procedure – Regulation 3(2) requirements – Form and mandatory particulars for land applications – Failure to state parties' addresses, land description, cause/time of action, and estimated value renders application incompetent and a nullity – Incompetent proceedings must be struck out; cannot be adjourned to cure.
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16 August 2024 |
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Consolidation of appeals was upheld; contested land and tree plantations held matrimonial property under section 114, and appeal dismissed.
* Family law – Matrimonial property – Application of section 114 Law of Marriage Act to determine assets acquired during marriage as matrimonial property; * Civil procedure – Appeals – Consolidation of separate appeals permissible absent prejudice; * Appellate review – Second appeal cannot raise grounds not argued in first appeal; * Maintenance and custody – Maintenance order sustained where appellant failed to show entitlement to custody.
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14 August 2024 |
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Restoration of dismissed land suit refused for lack of medical proof and unsupported hearsay.
* Civil procedure — restoration of dismissed suit for non-appearance at mediation — requirement to show sufficient cause. * Evidence — allegation of sickness must be substantiated (medical/chit or corroborative evidence). * Evidence — hearsay inadmissible where persons with direct knowledge do not file affidavits. * Procedure — parties must act diligently and obey court orders; applicant bears burden to prove good cause.
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14 August 2024 |
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Rectification under s.95–96 CPC cannot be used to convert a maintenance award into a monthly payment; application dismissed.
Civil procedure — Rectification of judgments (s.95–96 CPC) — Clerical error versus substantive alteration — Maintenance orders — Periodicity and duration of maintenance cannot be added by rectification; appeal or revision is proper remedy.
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13 August 2024 |
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Conviction from an imperfect guilty plea and omitted documentary evidence quashed; retrial ordered.
* Criminal law – plea of guilty – equivocal versus unequivocal plea – circumstances rendering plea imperfect or unfinished.
* Criminal procedure – requirement to produce, read and explain documentary materials (e.g., caution statements, extra‑judicial statements) to the accused.
* Criminal procedure – accused should personally state facts admitted; failure to comply may vitiate conviction.
* Remedy – quashing conviction and sentence and ordering trial de novo where plea/record defective.
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12 August 2024 |
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Appeal dismissed: contradictions in appellant's evidence fatal; adverse possession unavailable where purchase is asserted.
* Land law – ownership disputes – credibility of oral evidence and material contradictions; * Adverse possession – not available where plaintiff asserts purchase; * Civil procedure – locus standi – parties bound by their pleadings; * Non-joinder – immaterial where primary claim not proved.
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12 August 2024 |
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Convictions quashed where identification, chain of custody and statutory consent to prosecute were defective.
* Wildlife offences – unlawful entry, possession of government trophies and firearms – insufficiency of identification evidence and expert valuation. * Evidence – identification of exhibits and firearms; expert evidence requiring demonstration of distinguishing characteristics. * Evidence – chain of custody requirement for seized exhibits. * Procedure – amended charge sheets lacking court endorsement. * Jurisdiction – requirement of proper consent under Economic and Organized Crimes Control Act (section 26(1)); trial nullity where consent absent.
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9 August 2024 |
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Appeal predicated on a defective decree is incompetent and must be struck out; appellant must procure the correct decree.
Land dispute – defective decree – requirement that formal decree accord with judgment – duty on appellant to procure correct decree – incompetent appeal struck out – appellate court cannot adjourn or cure incompetence on record.
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9 August 2024 |
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High Court certified points on ward tribunal jurisdiction and non‑joinder of village council for Court of Appeal determination.
Land disputes — certification of points of law under s.47(2) — jurisdiction of Ward Tribunal under Written Laws (Misc. Amendments) Act No.3/2021 s.45 — non‑joinder of allocating authority (village council) as necessary party — re‑evaluation of evidence not pursued as a point of law.
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7 August 2024 |
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Appeal dismissed: trial court properly received child’s evidence and lawfully convicted on uncorroborated victim evidence.
* Criminal law – Sexual offences – Statutory rape involving a child of tender age – Evidence of a child under section 127 Evidence Act and procedure for oath/affirmation; application of section 127(7) permitting conviction on uncorroborated child/victim evidence where credibility is satisfied and reasons recorded. * Criminal procedure – Section 210(3) CPA – informing witnesses of right to have evidence read over. * Evidentiary sufficiency – failure to call an alleged eyewitness not necessarily fatal where the court accepts the victim’s uncorroborated account.
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2 August 2024 |
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Appeal dismissed: insufficient evidence to increase maintenance or order equal division; trial court's 20/80 distribution affirmed.
* Matrimonial property — division — extent of contribution is a question of evidence; equality requires proof of contribution. * Maintenance — increase not warranted in absence of evidence of need and payer’s means. * Appellate review — lower courts’ factual findings will not be disturbed without evidence. * District court order quashed for failing to consider respondent’s income.
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2 August 2024 |
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Second appeal dismissed; concurrent factual findings and documentary evidence upheld, additional evidence not admitted.
* Civil procedure – second appeal – concurrent findings of fact – not to be disturbed unless perverse, demonstrably wrong or result of misdirection.
* Evidence – documentary evidence (written loan agreement and confirmation) sufficient to prove debt on balance of probabilities.
* Evidence – relatives may testify; credibility, not number, determines weight.
* Admissibility – objection to unstamped documents cannot be raised for first time at second appeal if not previously raised.
* Procedure – late filing of submissions may be excused on sufficient explanation.
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2 August 2024 |
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Conviction quashed because prosecution failed to prove the applicant was the perpetrator beyond reasonable doubt.
Criminal law – Rape of a child under ten – mandatory life sentence; evidential standard for rape – victim’s uncorroborated testimony under s.127(6) Evidence Act; assessment of witness credibility; procedural defects (unsworn witness, undisclosed medical credentials); failure to call key witnesses undermining identification evidence.
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1 August 2024 |