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Citation
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Judgment date
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| September 2022 |
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A clan member had locus standi but failed to prove ownership; appeal dismissed with costs.
Land law – locus standi of clan member to sue for clan land; Burden of proof – civil standard (balance of probabilities); Evidence – need for corroboration of clan ownership claims; Costs – discretionary award, generally follows the event; Appellate review – assessment of trial record and credibility.
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30 September 2022 |
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Appeal allowed where identification, medical findings and an alleged coerced confession raised reasonable doubt.
Criminal law – rape: identification of accused requires contemporaneous description or proper identification parade; medical evidence as corroboration of penetration; voluntariness and admissibility of oral confessions; standard of proof—benefit of doubt to accused.
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30 September 2022 |
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An informal mortgage backed by the mortgagor's affidavits was valid where the applicant failed to prove spousal interest.
Land law – Informal mortgage – validity where mortgagor swears affidavit of marital status and mortgagee takes reasonable verification steps. Civil procedure – Submissions are not evidence; documentary attachments to appellate submissions inadmissible as trial evidence. Evidence – Burden on claimant to prove spousal interest and call necessary witnesses; new facts on appeal generally not entertained.
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30 September 2022 |
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Caution statement and subsequent oral confessions tainted by detention delays and suspected coercion rendered conviction unsafe; appeal allowed.
Criminal law – admissibility of confessions – voluntariness of caution statements – delay in arraignment and detention – alleged torture/coercion – requirement for corroboration – conviction unsafe when based on tainted confessions.
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30 September 2022 |
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30 September 2022 |
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Court struck out late notice of appeal but suo motu extended time 30 days for incarcerated appellant to file appeal.
Criminal procedure – notice of appeal filed out of time – striking out appeal – court’s inherent power to extend time suo motu – special consideration for incarcerated appellants.
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30 September 2022 |
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30 September 2022 |
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30 September 2022 |
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Appellant failed to prove facial illegality or sufficient medical evidence to justify extension of time; appeal dismissed.
Land law – extension of time to appeal – discretion to extend time must be judiciously exercised; illegality must be apparent on the face of the record to ground extension; pecuniary jurisdiction requires evidence of value; medical evidence for sickness must be specific and dated.
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29 September 2022 |
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29 September 2022 |
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29 September 2022 |
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29 September 2022 |
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Oral village-allocation evidence established ownership; lack of minutes not fatal; defendants failed to prove pastoralist reserve.
Land law – ownership of unregistered village land – allocation by village general meeting; Evidence – sufficiency of oral testimony where documentary minutes absent; Burden of proof – shifting onus in civil disputes once one party leads evidence; Village Land Act s.8(5) and Evidence Act (sections cited) relevance.
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29 September 2022 |
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29 September 2022 |
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Conviction for unnatural offence quashed where prosecution failed to prove penetration and identity beyond reasonable doubt.
Criminal law – Unnatural offence: elements of proof (penetration and carnal knowledge) – burden of proof beyond reasonable doubt – weight of victim testimony – corroboration by clinical evidence and oral confession – identification and contradictory eyewitness evidence – benefit of doubt.
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29 September 2022 |
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An out‑of‑time leave application lodged without a notice of appeal is premature, incompetent and must be struck out.
Civil procedure — Appeals — Leave to appeal to Court of Appeal — Time limit under Rule 45(a) (30 days) — Notice of appeal requirement under Rule 46(1) — Non‑compliance renders leave application premature and incompetent — Extension of time under section 11(1) Appellate Jurisdiction Act.
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29 September 2022 |
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28 September 2022 |
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28 September 2022 |
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27 September 2022 |
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Victim identification, medical findings, and a voluntary admission proved the appellant's guilt beyond reasonable doubt.
Criminal law – Rape: identification of accused by a known victim using torchlight; corroboration by immediate naming and family witnesses; medical evidence of penetration sufficient even in absence of spermatozoa; admissibility and weight of voluntary oral admission before village authorities; delay in reporting and alleged family grudges as afterthoughts.
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23 September 2022 |
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Conviction upheld based on voluntary cautioned statement and oral confession; appeal dismissed.
Criminal law – Cautioned statement – timeliness under s.50(1)(a) Criminal Procedure Act – recorded within four hours. Evidence – Voluntariness of confession – allegation withdrawn at trial cannot be raised on appeal without supporting evidence. Evidence – Oral confession at crime scene in presence of civilians admissible and may ground conviction. Evidence – Credibility of witnesses and corroboration of confession dispense with need to recover stolen items.
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23 September 2022 |
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Oral admission corroborated by local witnesses and chemist evidence upheld conviction for cannabis cultivation; appeal dismissed.
Criminal law – cultivation of narcotic drugs; proof of plant identity by government chemist; admissibility and weight of oral confessions in preliminary investigation; role of local witnesses in proving possession/ownership; absence of cautioned statement not necessarily fatal; delay in taking suspect to scene not per se prejudicial.
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23 September 2022 |
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22 September 2022 |
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22 September 2022 |
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21 September 2022 |
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19 September 2022 |
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19 September 2022 |
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19 September 2022 |
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19 September 2022 |
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16 September 2022 |
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Appellant’s conviction for unnatural offence upheld: prompt identification and victim’s testimony were sufficient without further corroboration.
Criminal law – Unnatural offence – Identification by victim soon after offence – prompt naming and description as assurance of reliability. Evidence – Corroboration – no fixed number of witnesses; credibility and coherence decisive under s.143 Evidence Act. Sexual offences – medical report and clinical testimony supportive of penetration; oral evidence may suffice. Arrest – proximity to scene and victim direction reinforce identification.
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15 September 2022 |
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15 September 2022 |
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Applicant failed to prove the notice of appeal was invalid; court struck out the extension application as incompetent with costs.
Land procedure – extension of time to lodge notice of appeal – competence of application where notice of appeal allegedly already lodged – requirement to prove status of filed notice (endorsement/striking out) – failure to produce registry evidence – application struck out with costs.
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15 September 2022 |
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Extension to file notice of appeal struck out where applicant failed to prove the notice's invalidity or striking out.
Civil procedure – Extension of time to lodge notice of appeal – Applicant must prove status of any notice filed in Court of Appeal registry before High Court grants enlargement – lack of registry evidence fatal to application. Competence of application – High Court cannot entertain extension when notice of appeal exists in Court of Appeal registry. Court of Appeal Rules – interaction between notice of appeal, notice of motion and striking out (Rule 89(3)); reliance on William Shija v Masha (1997) TLR 213.
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15 September 2022 |
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14 September 2022 |
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Non-joinder of the allocating authority rendered the land tribunal's proceedings unmaintainable; judgment set aside.
Land law – non-joinder – allocating authority as necessary party – Order 1 r.10(2) CPC. Procedural law – calling independent witness does not substitute joinder. Revisionary powers – s.43(2)(b) Land Disputes Courts Act. Government Proceedings Act s.7 – jurisdiction where government is a party.
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14 September 2022 |
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14 September 2022 |
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14 September 2022 |
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Employer undertakings and loan guarantees can create reasonable expectation of renewal; compensation reduced from 24 to 12 months.
Labour law – fixed-term contracts – reasonable expectation of renewal – burden on employee to prove employer undertakings; employer loan guarantees and uncontested renewal communications can create legitimate expectation; discretion in compensation awards – appellate interference where award not judicious.
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13 September 2022 |
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Procedural amendment requiring Attorney General's joinder is retrospective and ousts DLHT jurisdiction over pending suits against government.
Government Proceedings Act — Written Laws (Miscellaneous Amendment) Act No.1 of 2020 — mandatory joinder of Attorney General and requirement that suits against government be filed in the High Court; Procedural amendment — retrospective effect to pending cases; Non-joinder of Attorney General vitiates proceedings; Jurisdiction — DLHT lacked jurisdiction to continue hearing suit against city council after 21 February 2020; Remedy — quash proceedings, judgment and set aside orders.
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13 September 2022 |
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Court upholds bank's contractual rights to recover debt and sell mortgaged property; no court-ordered rescheduling of loan.
Contract law – bank-customer relationship – contractual terms binding parties; courts generally may not reschedule clear loan agreements. Land law – mortgage enforcement – requirement to issue prescribed notice of default (Land Act and Regulations) before sale. Civil procedure – appellate review of District Land and Housing Tribunal – issues must be considered and can be affirmed on appeal. Equitable relief – estoppel and restructuring of loan not available absent legal basis or evidence of invalidity.
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12 September 2022 |
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12 September 2022 |
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12 September 2022 |
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12 September 2022 |
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12 September 2022 |
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Tribunal’s striking out without hearing parties breached the right to be heard; ruling quashed and matter remitted.
Land procedure — substitution of deceased party — Order XXII R.3 CPC — dismissal for want of prosecution — right to be heard (Article 13(6)(a)) — procedural fairness — nullity of proceedings — revisional jurisdiction s.43(1)(a) Land Disputes Courts Act.
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12 September 2022 |
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12 September 2022 |
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9 September 2022 |
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Estoppel and insufficient evidence upheld; appellant failed to prove the disputed land formed part of the deceased’s estate.
Evidence — Estoppel (s.123 Evidence Act) — witness estopped from contradicting prior testimony at another tribunal. Evidence — Burden and standard (s.110 Evidence Act) — applicant must prove ownership on balance of probabilities. Documentary evidence — weight and relevance of a friendly letter alleged to prove non-payment of purchase price. Land law — succession and estate — whether disputed land formed part of deceased’s estate where an oral sale and subsequent transfers occurred. Procedure — capacity of parties — change of capacity (natural person to administratrix/administrator) does not erase prior knowledge-based testimony.
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9 September 2022 |
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9 September 2022 |