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Citation
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Judgment date
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| June 2021 |
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30 June 2021 |
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30 June 2021 |
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30 June 2021 |
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30 June 2021 |
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Appellant lacked locus standi where letter of administration was not properly tendered; appeal dismissed with costs.
Land disputes – locus standi – necessity to tender letter of administration to prove capacity to sue; inadmissibility of attaching such document to reply at appeal as method of adducing additional evidence; failure to tender document at trial may render proceedings incompetent and null; section 45 Cap.216 and overriding objective cannot cure prejudicial procedural defects.
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30 June 2021 |
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29 June 2021 |
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29 June 2021 |
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Applicant failed to account for days of delay; court dismissed extension of time to lodge appeal.
Criminal procedure – Extension of time to lodge appeal – Applicant must account for every day of delay – Delay allegedly caused by trial court must be supported by record; unexplained intervening delay defeats application.
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29 June 2021 |
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High Court quashed CMA award for failing to hear applicant, give reasons and consider both parties' evidence, remitting matter for rehearing.
Labour law – procedural fairness – right to be heard; requirement to consider and analyze evidence of both parties; duty to give reasons in awards; revision powers of the High Court; nullity ab initio and remittal for rehearing.
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29 June 2021 |
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29 June 2021 |
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29 June 2021 |
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28 June 2021 |
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25 June 2021 |
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24 June 2021 |
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Fair dismissal upheld where decision rested on the applicant’s admissions and disciplinary record, not disputed photographs.
Labour law – unfair termination – admissibility and evidential weight of photographs/electronic data – failure to tender device or certificate of authenticity – adverse inference – reliance on employee’s admission and disciplinary record – obligation to investigate under GN No. 42 of 2007.
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24 June 2021 |
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23 June 2021 |
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23 June 2021 |
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A criminal court lacked jurisdiction to determine land ownership; proceedings were nullified and conviction set aside.
Jurisdiction – RM's Court exceeded jurisdiction by determining land ownership; matters under Land Act s.167 are for land courts. Criminal law – obtaining money by false pretence premised on alleged double sale requires prior determination of ownership. Procedural remedy – proceedings and judgment void where court decides land issues without jurisdiction; stay and referral to land court required.
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23 June 2021 |
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Failure to record a tender-age witness's required promise to tell the truth vitiated her evidence and overturned the conviction.
Evidence Act s.127(2) — witness of tender age — requirement to promise to tell the truth and understanding of oath; procedural prerequisites before admitting child testimony; failure to comply — expunction of evidence; circumstantial evidence insufficient without child witness; retrial inappropriate where witness’s age has changed.
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23 June 2021 |
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23 June 2021 |
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Tenant did not breach rent covenant; padlocking without court order unlawful; tenant entitled to refund and damages.
Land law – Lease covenants – Certainty of rent; written lease specifying rent precedes payment (s.89(1)(a) Cap.113).; Distress and seizure – Levying distress must follow ss.102 and 104 Cap.113, require court order and use of court/tribunal broker; padlocking without this is unlawful.; Proof of tenant’s interest – payment to predecessor tenant can establish an interest in leased business premises; standard of proof is balance of probabilities.; Evaluation of evidence – appellate re-evaluation may correct tribunal’s misapplication of law and findings of fact.
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23 June 2021 |
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21 June 2021 |
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21 June 2021 |
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14 June 2021 |
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10 June 2021 |
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10 June 2021 |
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A child witness must be probed and recorded under s.127(2); improper reception vitiated conviction, but retrial ordered given remaining evidence.
Evidence — Child witness — Section 127(2) Evidence Act — Child may testify on oath/affirmation if understands; otherwise must promise to tell truth — alternatives, not cumulative processes. Evidence — Child witness — Necessity to ask and record simplified probing questions to determine competence. Criminal procedure — Improper reception of child’s evidence — expungement — effect on conviction. Criminal procedure — Retrial — conditions and interests of justice where remaining independent evidence exists.
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8 June 2021 |
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2 June 2021 |
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Grant of bail under EOCCA for alleged unlawful possession of firearms, with mandatory bond and surety conditions.
Bail — EOCCA s.36(1) — bailable offence — unlawful possession of firearms — mandatory bail conditions under s.36(5)(a)-(d) — bond and two sureties — sureties’ residence within territorial jurisdiction — surrender of travel documents — Deputy Registrar approval of sureties.
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2 June 2021 |
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The appellant’s conviction was unsafe because the allegedly stolen cattle were not properly identified.
Criminal law – Theft – Identification of stolen property – necessity of distinctive marks and pre‑trial/in‑court identification; Evidence – doctrine of recent possession is rebuttable and requires clear proof of ownership; Failure to tender exhibits weakens prosecution; Admissions insufficient where elements not proved.
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1 June 2021 |
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1 June 2021 |