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37 judgments found.
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February 2023
28 February 2023
Failure to record a child’s promise to tell the truth warranted expungement of her evidence and quashing of the rape conviction.
Family law — Mandatory recording of the child’s words
— contradictions in dates and inconsistent medical evidence undermine prosecution
— failure
— unexplained delay in reporting affects reliability
28 February 2023
28 February 2023
28 February 2023
27 February 2023
Extension of time for appeal granted where prison transfer and defective affidavit constituted good cause.
Criminal procedure — Extension of time to file notice of appeal — Delay caused by custody and prison transfers — Defective jurat
27 February 2023
Prison transfers and administrative delays constituted sufficient cause; court granted extension to file notice and appeal.
Criminal procedure — time limits for appeals
— Late supply/non-receipt of judgment as good cause for extension
— Law of Limitation Act s 14
27 February 2023
24 February 2023
24 February 2023
Conviction quashed where prosecution failed to link exhibits to appellant and prove chain of custody beyond reasonable doubt.
Criminal law — Evidence
— admissibility of seizure certificate tendered without objection
— chain of custody/paper trail for physical exhibits
Criminal law — Expert evidence — identification of locally made firearms not always requiring expert report when not contested
Criminal law — Unlawful possession of firearm and ammunition — burden of proof beyond reasonable doubt
Criminal law — Witnesses — adverse inference where prosecution omits available material witness (motorcyclist) without explanation
24 February 2023
23 February 2023
23 February 2023
22 February 2023
22 February 2023
Court granted extension to file notice of appeal, finding prison filing problems and a defective jurat constituted good cause.
Civil procedure — Procedural irregularity — defective jurat on affidavit and prison filing delays as grounds for extension
Criminal procedure — Extension of time — notice of intention to appeal — whether delay amounted to good cause under s.361(2) CPA
Limitation law — court’s discretion to extend time for reasonable or sufficient cause
21 February 2023
21 February 2023
20 February 2023
Extension granted where prisoner's reliance on prison officers and transfer caused failure to file notice of appeal.
Criminal procedure — extension of time to file notice of intention to appeal and appeal out of time
Limitation law — Limitation
— extension of time
— sufficient/good cause
Prison law — Reliance on prison officers and transfer between prisons
— diligence of lay prisoner
— omission beyond applicant's control
20 February 2023
20 February 2023
Court granted extension to file notice and petition of appeal, finding procedural error and language barriers constituted sufficient cause.
Criminal procedure — time limits for appeals — Notice of intention to appeal within ten days and lodging within prescribed period — Criminal Procedure Act s.361
Limitation law — extension of time — sufficient cause — Law of Limitation Act s14(1)
20 February 2023
20 February 2023
Non-joinder of village council as necessary party vitiated land-tribunal judgment; appeal allowed and proceedings set aside.
Civil procedure
— Non-joinder of necessary party
— Order 1 r.10(2) CPC — court’s duty to add necessary parties
Land law
— Certificate of Occupancy and need to trace allocation/survey/registration
— Evidence — insufficiency of individual village leader testimony to replace institutional village council account
17 February 2023
Applicant's unproven procedural error and ignorance did not justify extension of time; application dismissed with costs.
Civil procedure
— extension of time — guiding factors include length of delay, reasons, prejudice and prospects of success
— Procedural law — certificate of delay
Evidence — submissions are not evidence
17 February 2023
Appellant failed to prove land ownership; documentary evidence established respondent’s chain of title; appeal dismissed with costs.
Land law — burden of proof
— admissibility and weight of sale agreements and family minutes
— appellate review of factual findings and credibility
— misjoinder/non‑joinder not fatal
— occupancy by invitee/licensee does not confer title
— onus on claimant
Land law — ownership dispute
17 February 2023
Appellant failed to prove ownership; adverse possession cannot be used offensively; appeal dismissed with costs.
Land law
— adverse possession as shield not sword
— assessors’ opinion persuasive but not binding
— burden of proof in ownership claims
— minor witness contradictions not fatal
17 February 2023
15 February 2023
15 February 2023
14 February 2023
Court held CMA had jurisdiction and respondent entitled to acting allowance despite no formal policy; revision dismissed.
Civil procedure — Revision — appellate interference unwarranted where Arbitrator’s findings are supported by evidence
Labour law — jurisdiction and limitation
— cause of action arises on formal refusal to pay, not on earlier promise
— sixty-day
Legal profession — Remuneration — acting allowance
— computation by salary net-difference upheld
— entitlement may arise from established practice even without formal written policy
14 February 2023
14 February 2023
14 February 2023
14 February 2023
Applicant failed to prove court‑caused delay obtaining decree; extension of time to appeal was refused.
Civil procedure — Extension of time to appeal — Delay in obtaining certified copies of proceedings and judgment may constitute sufficient cause — Law of Limitation Act s 14(1) and s 19(2)
Evidence — Proof of court‑caused delay — Need for affidavit or registry evidence to substantiate court‑caused delay
10 February 2023
Court granted the applicants leave to seek judicial review of a ministerial deregistration order, finding a prima facie case and sufficient interest.
Administrative law
— Judicial review — Leave to apply for prerogative orders — Arguable case, six‑month time limit, sufficient interest
— Procedural fairness — right to be heard — Whether a ministry website broadcast constitutes a reviewable decision
Civil procedure — interim relief/status quo — Status quo injunction — Discretion where administrative directives already regulate activity
10 February 2023
9 February 2023
Financial hardship absent exceptional explanation and accounting for delay cannot justify extending time to file a bill of costs.
Limitation law — Limitation
— application dismissed with costs
— extension of time
— financial hardship generally not sufficient unless exceptional
— good cause required
— inordinate delay (approx. ten months)
— Lyamuya criteria (account for delay, diligence, point of law)
7 February 2023
Application to lift ex parte attachment improperly moved and supported by defective affidavit; preliminary objection upheld and application struck out with costs.
Civil procedure
— Affidavit practice — inadmissible contents (hearsay, arguments, opinions) — expunction of offending paragraphs
— Attachment before judgment — lifting of ex parte garnishee/attachment order
— preliminary objection — Competence of application — curability of wrong citation vs incurable procedural defect
7 February 2023