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Citation
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Judgment date
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| November 2025 |
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7 November 2025 |
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7 November 2025 |
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Accused convicted of trafficking khat after court found lawful search, valid chemist analysis, intact chain of custody and compliance with destruction procedures.
Criminal law – Drugs control – search and seizure lawfulness and reasonable suspicion; admissibility and sufficiency of Government Chemist analysis; chain of custody requirements; statutory procedures for sampling and destruction of narcotic drugs; identification evidence where parade form absent; trafficking offence requiring weight threshold.
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7 November 2025 |
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Change of assessors did not vitiate proceedings where original assessors’ written opinions were on record; appellant failed to prove sale.
Land disputes — assessors — change of assessors between hearing and delivery of opinion; Regulation 19(2) — written assessor opinions required but need not be recorded in proceedings; admissibility of documentary evidence — failure to record admission prejudicial but retrial unnecessary if document lacks probative value; burden of proof in land ownership claims.
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6 November 2025 |
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Oral sale corroborated by seller’s wife sufficed to establish ownership; trial decision quashed and appellant declared lawful owner.
Land dispute; evaluation of oral evidence and corroboration; admissibility and weight of oral sale of land; assessor clarification questions not equivalent to cross‑examination; judgment set aside and appellant declared owner.
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5 November 2025 |
| October 2025 |
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28 October 2025 |
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24 October 2025 |
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23 October 2025 |
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23 October 2025 |
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23 October 2025 |
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22 October 2025 |
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Conflicting evidence on land size and boundaries required locus in quo inspection; tribunal’s decision quashed and remitted.
Land law — evidential evaluation in boundary disputes — conflicting pleadings on size and boundaries — duty to inspect locus in quo where material facts are unclear — probative value of sale agreement vis-à-vis oral testimony.
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22 October 2025 |
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Neither the applicant nor respondents proved title; the award of 20 acres was unpleaded and set aside.
Land law – proof of ownership – burden of proof and pleadings; sale agreements and probative value – requirement to identify boundaries; counterclaim and limitation of general denials; appellate re-assessment of evidence.
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22 October 2025 |
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A subordinate tribunal must comply with a superior court's restoration order; striking out the applicant's enforcement application was erroneous.
Land law — Execution and restitution — Effect of superior court's revision nullifying execution — Subordinate tribunal's duty to comply and implement restoration; scope limited to properties listed in execution orders — Procedural form is not fatal absent prejudice — Excess attachment by court broker is separate actionable matter.
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21 October 2025 |
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20 October 2025 |
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Appeal dismissed; conviction for unnatural offence upheld on victim, medical and caution‑statement evidence.
* Criminal law – Unnatural offence (section 154 Penal Code) – elements: penetration, act against order of nature, identity of perpetrator; * Evidence – visual identification – applicability of Waziri Amani factors; * Evidence – medical report (PF3) and caution statement as corroboration; * Criminal procedure – equivocal plea, afterthought defences (intoxication/insanity) and appellate re-evaluation of inconsistencies.
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15 October 2025 |
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Execution order quashed because the executing court ignored a prior custody ruling affecting execution.
Family law – maintenance execution; revisional jurisdiction under section 89(1) CPC; executing court’s jurisdiction (section 39 CPC) and limitation; material irregularity where execution proceeds ignore existing custody orders (section 44 CPC); remit for proper execution.
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10 October 2025 |
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High Court set aside trial order for lost sales money for lack of evidence; conviction otherwise upheld.
Criminal law – assault occasioning actual bodily harm (s.241 Penal Code) – appellate review on second appeal – scope to revisit findings of fact where misapprehension occurs – identification and proof beyond reasonable doubt – award of compensation/restitution set aside for lack of cogent evidence.
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3 October 2025 |
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Ignorance and custody do not constitute good cause for extension of time to file a criminal appeal.
Criminal procedure – extension of time to file appeal – good cause – ignorance of law and lack of legal advice in custody not sufficient – requirement to give notice of intention to appeal (s.382 CPA) – prisoner’s ability to file via officer in charge (s.384 CPA).
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3 October 2025 |
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High Court’s jurisdiction is ousted by a notice of appeal; proceedings must be stayed/adjourned sine die pending appeal.
Judicial review — jurisdiction ousted by lodging notice of appeal — effect of pending appeal on High Court proceedings; stay/adjournment (sine die) versus striking out; precedent and obeying Court of Appeal guidance (Arcado Ntagazwa, JOVET v Bavaria).
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2 October 2025 |
| September 2025 |
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Conviction for unlawful possession of trophies upheld: independent witness not required; chain of custody and seizure certificate valid.
* Criminal law – unlawful possession of government trophies – arrest, search and seizure in forested/game-controlled area; independent witness requirement under s.106 WCA applies to dwellings only. * Evidence – chain of custody – documentary and oral proof of seizure, custody, transfer and tendering sufficient to maintain integrity of exhibits. * Evidence – certificate of seizure signed by accused constitutes admissible evidence; cautioned statement not relied upon. * Procedural – minor contradictions in time/place of arrival not fatal to prosecution; unsubstantiated allegations of torture require medical/extrinsic proof.
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30 September 2025 |
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Appellant failed to prove ownership on balance of probabilities; appellate court upheld dismissal and ordered costs.
* Evidence – Burden and standard of proof in land ownership claims – claimant must prove existence of legal right on balance of probabilities; oral testimony must establish when and how ownership arose. * Appellate review – First appellate court duty to re-evaluate evidence and arrive at own findings. * Civil procedure – Parties bound by pleadings; contradictions between pleadings and evidence may warrant disregarding inconsistent testimony. * Evidence – Hearsay and uncertain oral proof weigh against claimant in land disputes.
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29 September 2025 |
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Appellant failed to prove ownership of land; appeal dismissed for failure to discharge burden of proof.
Land law – ownership and possession – burden of proof on person alleging title – Evidence Act ss.117 and 119 – inconsistencies between pleadings and testimony – appellate re-evaluation of evidence and credibility.
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29 September 2025 |
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Applicant awarded custody because the trial court prioritized paternity over the children's best interests.
* Child custody — Best interests of the child paramount (Law of the Child Act s.39); * Parental paternity not sole determinant of custody; * Consideration of social welfare officer's report; * Forceful removal of children and child labour undermine fitness for custody; * Mother's emotional care and continuity may outweigh financial considerations.
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29 September 2025 |
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Under e-filing rules, an appeal is filed on timely submission/upload; payment is not a precondition, so the appeal was timely.
Procedure – Appeals – Time limits – Electronic filing (e-CMS) – Filing occurs on submission/upload by registered user before midnight; payment is subsequent and not a precondition to filing – appeal found timely.
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18 September 2025 |
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Criminal compensation does not bar a civil claim, but specific damages must be strictly proved with supporting receipts.
* Criminal law/compensation – criminal compensation order does not bar a civil claim for further damages. * Civil damages – strict proof required for specific/quantified damages; receipts or hospital invoices necessary. * Evidence – bus tickets and referrals may prove travel but do not substitute for proof of cash payments. * Appeals – second appeal will not disturb concurrent findings of fact absent misdirection or non‑direction.
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18 September 2025 |
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Appellants promptly sought extension to set aside an ex‑parte judgment; trial tribunal erred by dismissing without proper consideration.
Land law – extension of time to apply to set aside ex‑parte judgment; service of summons – procedural fairness and where to decide service issues; interlocutory applications – duty to address substantive grounds; promptness and explanation required for extension of time.
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18 September 2025 |
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Court quashed dismissal where tribunal failed to determine preliminary objections and restored the application for hearing.
* Land law – setting aside ex parte judgment – application to restore ex parte proceedings. * Civil procedure – preliminary objections – requirement to determine preliminary objections before addressing merits or dismissing for want of prosecution. * Tribunal procedure – dismissal for non-appearance; applicability of Regulation 15(a) to miscellaneous applications. * Revisionary jurisdiction – s.47(1)(b) Land Disputes Courts Act – quashing and setting aside tribunal orders. * Costs – no order where defect raised suo motu by the court.
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18 September 2025 |
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The respondent failed to prove land ownership; appellate court re-evaluated evidence, allowed the appeal and declared the appellants lawful owners.
* Land law – Proof of ownership – burden of proof lies on claimant – standard: balance of probabilities. * Evidence – inconsistencies in testimony and lack of documentary proof undermine ownership claims. * Appellate review – first appellate court may re-evaluate and critically scrutinize evidence and correct erroneous factual findings. * Failure by trial tribunal to properly analyse evidence may justify reversal and declaration of ownership.
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12 September 2025 |
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Change of chairmen and lack of assessors' opinions vitiated the tribunal's proceedings, warranting retrial de novo.
Land law – District Land and Housing Tribunal – composition and requirement of chairman plus two assessors and obligation to record assessors’ opinions before judgment; Civil procedure – change of presiding officer – Order XVIII Rule 15(1) – successor must record reasons or lacks jurisdiction; Procedural irregularities – absence of assessors and unrecorded opinions – nullity; Remedy – nullification and trial de novo; Costs – none ordered.
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12 September 2025 |
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Preliminary objections involving factual disputes are unsuitable; objection dismissed and reference proceeds to merits.
* Civil procedure — Preliminary objections — limited to pure points of law; factual disputes unsuitable for determination at preliminary objection stage.
* Advocates Remuneration Order (GN No. 263 of 2015) — Order 7(1) — scope and competency of references from taxing officer decisions.
* Res judicata — effect of prior taxation by Deputy Registrar on subsequent district taxation causes.
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12 September 2025 |
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Curable defects in search procedure do not defeat a sound prosecution; evidence proved unlawful possession of elephant tusks.
Criminal law – unlawful possession of government trophy – elements: possession, identity as government trophy, absence of permit; Criminal procedure – search order (s.38 CPA) non-compliance curable under s.388/411; cautioned/confessional statements – requirement for voluntariness inquiry; evidence – corroboration by arresting officers, independent witness, expert identification and chain of custody.
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12 September 2025 |
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Appeal allowed: acquittal quashed and respondents convicted for causing grievous harm; minor inconsistencies were not fatal.
Criminal law – causing grievous harm – elements: (1) injury amounting to grievous harm; (2) causation by accused; evidence – medical evidence supporting grievous harm; identification – daylight, acquaintanceship and eyewitness testimony; contradictions – minor inconsistencies in chaotic multi-perpetrator attacks do not necessarily undermine prosecution case; appellate review – trial court’s reliance on minor variances to acquit can be overturned.
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12 September 2025 |
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A material variance between the charge and evidence on land ownership defeats proof of criminal trespass.
Criminal law — Criminal trespass — Essential proof of unlawful entry into property of another; material variance between charge particulars and evidence on ownership — variance renders charge unproved beyond reasonable doubt — conviction quashed.
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11 September 2025 |
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Appellate court upheld convictions but reduced and ordered concurrent sentences, and corrected excessive compensation to reflect proven loss.
Criminal law — Arson and malicious injury to property — Identification evidence at night by known witnesses — Valuation of destroyed crops and trees — Sentencing: requirement to follow Sentencing Guidelines; concurrent vs consecutive sentences — Compensation: quantum to follow evidential valuations.
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4 September 2025 |
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Extension of time granted where prolonged medical treatment and transfers constituted sufficient 'good cause' to explain delay.
Criminal procedure – Extension of time under s.382(2) CPA – ‘Good cause’ – medical incapacity, hospitalisation and inter-prison transfers as explaining delay – court’s discretionary assessment of length of delay and reasons.
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4 September 2025 |
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A sale agreement without the vendor’s evidence is inadequate to prove land ownership on the balance of probabilities.
Land law – proof of title – sale agreement insufficient where vendor absent to prove source of ownership; Evidence Act s.117 – burden on claimant; civil procedure – assessors’ change not fatal where hearing assessors consistent; tribunal exceeded issues by ordering unpleaded refund; locus in quo not mandatory absent request or prejudice.
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4 September 2025 |
| August 2025 |
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Leave for judicial review and interim stay granted against the Registrar’s refusal to recognize party leaders and suspension of subsidies.
Judicial review—leave to apply—conditions for leave (timeliness, arguable case, interest)—alternative remedies—grant of stay order—political party leadership and subvention suspension—Registrar of Political Parties’ decisions—public interest in interim relief.
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28 August 2025 |
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Extension of time granted to file appeal after missing electronically-held notice constituted good cause.
* Criminal Procedure Act – extension of time – section 382(2) – court’s discretion to grant extension where good cause shown. * Appeal procedure – notice of appeal – missing notice from record due to electronic case management omission. * Struck out appeal – relief by extension where applicant produces earlier-filed notice and respondent does not oppose.
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27 August 2025 |
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Sufficient cause for extension of time established where applicant diligently sought judgment copy and acted promptly in matrimonial appeal.
Extension of time – Appeal from district court in matrimonial proceedings – Sufficient cause – Delay due to obtaining judgment copy – Requirement of attaching judgment copy in appeals from primary court – Reasonable delay.
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26 August 2025 |
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An acquittal for arson was upheld as contradictions in prosecution evidence meant proof beyond reasonable doubt was not met.
Criminal law – Appeal against acquittal – Proof beyond reasonable doubt – Contradictory prosecution evidence – Standard of identification – Effect of contradictions in evidence.
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22 August 2025 |
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22 August 2025 |
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The court granted the applicant an extension of time to file a reference, finding sufficient cause for delay due to procedural setbacks.
Civil procedure – extension of time – accounting for delay – diligence in prosecution – procedural irregularity as sufficient cause – principles for extension of time per Lyamuya Construction Co. Ltd case.
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22 August 2025 |
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A suit was dismissed for failing to disclose a cause of action against the second, third, and fourth defendants.
Civil procedure – cause of action – pleadings – requirement for plaint to disclose a cause of action – rejection of plaint where no cause of action is disclosed – Order VII Rule 1(e) and Rule 11(a) of the Civil Procedure Code.
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22 August 2025 |
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A court upheld a land tribunal's decision confirming title ownership where procedures and evidentiary standards were properly followed.
Land law – Ownership – Certificate of title as evidence of ownership – Standard of proof – Setting aside ex parte decisions – Proper procedure when Tribunal proceedings are alleged to be irregular.
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22 August 2025 |
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Court upholds conviction for threatening violence despite procedural irregularity in sentencing, as sentence already served.
Criminal procedure – Threatening violence – Sentence in absentia – Contradictory defence evidence – Compliance with section 243(4) of the Criminal Procedure Act – Reliability of court records
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21 August 2025 |
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Whether the statutory 90‑day notice to sue the Government was validly served and a representative suit could proceed.
* Government Proceedings Act s.6(1)–(2) – mandatory 90‑day notice of intention to sue the Government – proof of service requirements; * Civil Procedure Code Order 1 Rule 8(1) – representative suit – requirements to institute; * Evidence – electronic case management proof of service admissibility and sufficiency; * Preliminary objection – threshold for striking out for non‑service.
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21 August 2025 |
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Extension of time granted where records show appeal was filed within the statutory 45‑day period.
Criminal procedure – extension of time – good cause – calculation of 45‑day appeal period from date of receipt of proceedings – prison official seal as evidence – discretion to grant extension.
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20 August 2025 |
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A bona fide purchaser of registered land is entitled to transfer or a refund if legal formalities of sale are unmet.
Land law – Sale of part of registered land – Bona fide purchaser – Requirement of compliance with land transfer laws – Incomplete disposition – Equitable remedies where disposition formalities not completed.
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20 August 2025 |
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Extension of time to appeal granted where prior timely appeal was wrongly struck out and applicant showed good cause.
Criminal procedure – Extension of time – Good cause – Right of appeal – Application granted due to procedural irregularities and applicant’s diligence.
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20 August 2025 |