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Citation
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Judgment date
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| October 2022 |
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31 October 2022 |
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31 October 2022 |
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31 October 2022 |
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Summary procedure under Order XXXV(1)(e) is limited to public authorities; a private plaintiff's summary suit was incompetent and quashed.
Civil procedure — Summary procedure (Order XXXV Rule 1(e) CPC) — limited to Republic/Government/local authorities — private plaintiff cannot employ that summary route; incompetence of suit — remedy: quashing via revision under s.44(1)(b) Magistrates' Courts Act; conversion to ordinary suit not appropriate where summary provision is wholly inapplicable.
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28 October 2022 |
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28 October 2022 |
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Extension of time granted where district court conducted suo motu revision without hearing applicant, violating right to be heard.
Extension of time — illegality as sufficient reason; Right to be heard — condemnation unheard in revision proceedings; Revision powers — suo motu exercise requires hearing parties; Clerical/citation error — curable and not fatal to proceedings.
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28 October 2022 |
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28 October 2022 |
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Extension of time granted after court found maintainable irregularity and absence of the originating file for the taxation cause.
Civil procedure – Extension of time – Sufficient cause required for extension – Court to exercise discretion judiciously. Taxation proceedings – Bill of costs – Validity of taxation cause where originating application record not produced. Advocate Remuneration Order, 2015 (Order 8) – application for reference out of time where irregularity in originating file is asserted.
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28 October 2022 |
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27 October 2022 |
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27 October 2022 |
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Identification, medical and circumstantial evidence proved the appellant guilty of raping a two-year-old; appeal dismissed.
Criminal law – rape of a child under ten – identification by recognition; corroboration by medical evidence (PF3); circumstantial evidence proving penetration and penile intercourse; failure to cross-examine material prosecution witnesses; mandatory life sentence under section 131(3).
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26 October 2022 |
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Court allowed extension of time for an incarcerated applicant to file appeal after late receipt of judgment.
Appellate procedure – s.11(1) Appellate Jurisdiction Act – High Court’s power to extend time for notice of intention to appeal; Court of Appeal Rules r.48(1) – curable citation errors; affidavit verification – requirements and challenge; extension of time – incarcerated litigant and delayed supply of judgment as sufficient cause.
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26 October 2022 |
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26 October 2022 |
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26 October 2022 |
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25 October 2022 |
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25 October 2022 |
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24 October 2022 |
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20 October 2022 |
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20 October 2022 |
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19 October 2022 |
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Conviction for theft upheld on confession and recovered property; illegal six-year sentence reduced to three years.
Criminal law – Theft – Proof beyond reasonable doubt by direct eyewitness evidence, recovery of property and civilian confession (oral and written minutes); evaluation of defence evidence and afterthoughts; sentencing jurisdiction of subordinate courts under s.170(1)(a) CPA – unlawful imprisonment term exceeding jurisdiction; reduction of sentence.
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18 October 2022 |
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18 October 2022 |
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18 October 2022 |
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Appellant’s unpleaded exchange claim and inadequate land description led to dismissal for failure to prove ownership.
Land dispute — Pleadings — Parties bound by pleadings; evidence introducing unpleaded claim inadmissible; burden of proof on claimant; description of unregistered land — requirement to specify size, boundaries or neighbours (Reg. 3(2)(b)/Order VII r.3); failure to disclose particulars defeats claim; weakness of defence does not shift onus.
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18 October 2022 |
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A tribunal cannot decide a disputed limitation point on pleadings alone; factual accrual requires proof and rehearing was ordered.
Land law – Limitation of actions – Accrual of cause of action over deceased estates (s.9(2) LLA) – Dispossession and discontinuance – pleadings and submissions are not evidence – preliminary objections raising factual issues must fail; procedural irregularity – rehearing ordered before different chairman and assessors.
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18 October 2022 |
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Prisoner’s transfers and reliance on prison officers constituted good cause to extend time to file an appeal.
Criminal procedure – Extension of time to file notice of appeal – Good cause – Prisoner transfers and reliance on prison officers – Court’s discretion to extend time.
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17 October 2022 |
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17 October 2022 |
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17 October 2022 |
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Appellate court held the prosecution proved rape beyond reasonable doubt; conviction and 30‑year sentence upheld.
Criminal law — Rape — Victim’s evidence and medical corroboration — No absolute requirement for DNA/fingerprint evidence — Visual identification and contemporaneous identification by victim — Court’s questioning of witnesses permitted under Evidence Act s.176 — Appellant’s conduct as corroborative evidence.
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13 October 2022 |
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13 October 2022 |
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12 October 2022 |
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12 October 2022 |
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High Court nullified appellate proceedings after finding two conflicting judgments signed by the same magistrate, allowing a fresh appeal.
Revision — Magistrates Courts Act s.44(1)(b) — suo motu revision where error material to merits appears; Civil procedure — conflicting duplicate judgments by same magistrate — lack of authenticity and nullity; Remedy — nullification of appellate proceedings and leave to file fresh appeal; Costs — no order, parties to bear own costs.
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11 October 2022 |
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10 October 2022 |
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Whether limitation and interpretation of G.N. No.311 raise points of law warranting certification for appeal.
Appellate Jurisdiction Act s.5(2)(c) — certification of points of law for appeal to the Court of Appeal Limitation of actions — time-bar and commencement of cause of action Interpretation — item 5(b), Schedule to Magistrates' Courts (Limitation under Customary Law) Rules, G.N. No. 311 of 1964 Procedural — certification appropriate where legal questions arise and respondent does not oppose
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7 October 2022 |
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Appellate court quashed improper substantive findings and remitted estate administration to the Primary Court for proper appointment.
Probate and administration — Appointment of administrator — Primary Court powers under paragraph 2 of the Fifth Schedule and Rule 9 — Requirement to state reasons when appointing a non‑interested person (officer of the court or reputable impartial person); Appellate limits — District Court exceeded jurisdiction by deciding lawful spouse and excluding specific property; Remittal to Primary Court for proper appointment.
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7 October 2022 |
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Appellate court expunged improperly admitted evidence, re‑evaluated defence, and quashed conviction for failure to prove identity beyond reasonable doubt.
Criminal procedure – admissibility of cautioned statement – inquiry into voluntariness and correct procedure to re‑tender exhibit after inquiry; expungement where procedure not followed. Evidence – visual identification – need for description, source/intensity of light, distance and immediacy of identification. Criminal procedure – failure to analyse defence evidence in judgment (s.312 CPA) – appellate court may re‑evaluate evidence (s.388 CPA). Exhibits – failure to read/mark and establish chain of custody may warrant expungement. Detention/arraignment – delay not raised at trial and absence of prejudice defeats complaint.
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7 October 2022 |
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Forgery conviction quashed where prosecution failed to prove appellant forged or possessed the forged vehicle registration card.
Criminal law – Forgery – Elements: making a false document with intent to defraud and knowledge it is false – burden of proof beyond reasonable doubt. Evidence – Documentary evidence (TRA report) – admissibility and need for author to explain technical identification; exhibit tendered by addressee may be admissible but may create gaps if unexplained. Criminal procedure – Inquiry on objection – inquiry required for contested confessional/cautioned statements, not for generic objections to documentary exhibits. Evidence – Recent possession/doctrine – not applicable where accused was not found in possession of the alleged forged document; hearsay limitations where witnesses rely on what investigating officer said.
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7 October 2022 |
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Appeal dismissed: sale of trees proved, elements of malicious damage satisfied, and land-ownership challenge inappropriate in this criminal proceeding.
Criminal law – Malicious damage to property (s.326(1) Penal Code) – proof of ownership of property (trees), destruction, causation and malice. Evidence – Documentary evidence (section 100(1) Law of Evidence Act) – admitted documents speak for themselves; failure to object or to cross-examine limits later challenges. Civil v. criminal jurisdiction – disputes over land ownership are to be determined in appropriate forums; a criminal charge may properly proceed where the dispute concerns chattels (trees). Appeal – second appeal standard: concurrent factual findings will not be disturbed absent misapprehension of evidence, miscarriage of justice or legal error.
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7 October 2022 |
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5 October 2022 |
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4 October 2022 |
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Alleged illegality in an unsigned trial court judgment justified extension of time to file an appeal; awaiting judgment did not.
Criminal appeals — Extension of time — Good cause required under s.25(1)(b) Magistrates' Courts Act — Delay awaiting judgment not sufficient where judgment not required for appeal from primary court — Alleged illegality (absence of assessors' signatures) may constitute sufficient cause to extend time.
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4 October 2022 |