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Citation
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Judgment date
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| June 2023 |
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Threatening a student with failure does not amount to demanding sexual favour as a condition for preferential treatment under s.25 PCCA.
Criminal law – Corruption (s.25 PCCA) – Elements: position of authority; demand of sexual favours as condition for employment/promotion/right/privilege/preferential treatment; strict statutory interpretation
Evidence – admissibility of public document copies (Evidence Act, s.65/68/85) and proper certification; trial court’s duty to consider but not necessarily accept defence evidence; proof beyond reasonable doubt and material contradictions undermining prosecution case
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30 June 2023 |
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30 June 2023 |
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Child’s promise under s.127(2) sufficed, but prosecution’s evidence was insufficient and convictions were quashed.
Evidence — Child witness — s.127(2) Evidence Act — competence and promise to tell truth; no mandatory recording of verbatim competence questions if record shows compliance and no injustice. Sexual offences — unnatural offence requires evidence of anal penetration by the victim; medical findings alone insufficient to prove anal penetration without victim’s account
Rape — conviction must rest on credible, coherent testimony and adequate forensic linkage; absence of specific date and unresolved inconsistencies may render conviction unsafe
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30 June 2023 |
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30 June 2023 |
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30 June 2023 |
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30 June 2023 |
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30 June 2023 |
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29 June 2023 |
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27 June 2023 |
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Acquittal where prosecution failed to establish a prima facie case due to unreliable night-time visual identification.
Criminal law – Prima facie case under s.293(1) CPA; Visual identification – night-time identification by mobile torchlight; Necessity to exclude mistaken identity (Waziri Amani; Juma Hamad); Insufficiency of suspicion and uncorroborated assertions to warrant calling accused to defence.
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27 June 2023 |
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27 June 2023 |
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26 June 2023 |
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26 June 2023 |
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23 June 2023 |
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23 June 2023 |
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22 June 2023 |
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21 June 2023 |
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21 June 2023 |
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21 June 2023 |
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20 June 2023 |
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20 June 2023 |
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20 June 2023 |
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19 June 2023 |
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19 June 2023 |
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Trafficking conviction quashed due to material contradictions and failure to prove chain of custody, despite lawful emergency search.
Criminal law – Trafficking in drugs – definition includes storing; no vehicle required. Search and seizure – Night-time search during murder investigation may be justified as an emergency exception to court-authority requirement
Evidence – Chain of custody must be established by documentary or credible oral evidence; failure undermines prosecution. Witness credibility – material contradictions and lack of an independent, contemporaneous witness to search weaken the charge. Cautioned statement – no inquiry required where objection lacks legal basis
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16 June 2023 |
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16 June 2023 |
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Court overruled defendants' preliminary objection on non‑joinder, defective verification, and company representation; defects deemed curable.
Civil procedure – preliminary objection – non‑joinder of necessary party – necessary party test and Order I r.3, r.9, r.10(2). Civil procedure – verification of pleadings – Order VI r.15(2) – defects involving knowledge of facts require evidence and are curable procedural irregularities under the overriding objective. Company law/procedure – authority to sue – general board resolution suffices to institute proceedings; specific resolution to appoint an advocate not required where no internal conflict
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15 June 2023 |
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15 June 2023 |
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Court dismissed appeal for failure to show sufficient cause for extension; late supply of judgment and unpleaded illegality insufficient.
Appeal — extension of time — discretion to grant extension — sufficient cause required — delayed supply of judgment and proceedings not per se sufficient — illegality may justify extension but must be pleaded and shown — unopposed application not automatically granted; Magistrate's Courts Act s.20(3); Civil Procedure (Appeals in Proceedings Originating in Primary Courts) Rules G.N. No.312/1964; relevant case law cited
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15 June 2023 |
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15 June 2023 |
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14 June 2023 |
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14 June 2023 |
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14 June 2023 |
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14 June 2023 |
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14 June 2023 |
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12 June 2023 |
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Interlocutory injunction application became academic after the statutory 90‑day Government notice expired and was struck out.
Civil procedure – Mareva/temporary injunction – status quo – interlocutory relief pending statutory notice period. Government proceedings – section 6(2) Government Proceedings Act – 90‑day notice requirement as precondition to suing Government. Doctrine of equity/academic application – application overtaken by events – striking out
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12 June 2023 |
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An executed ex-parte decree may be set aside if summons service was defective or sufficient cause for non‑appearance exists.
Land law – ex-parte decree – setting aside – defective service of summons – affidavit of service must show authorised process server. Civil procedure – execution of decree – execution does not bar setting aside ex-parte decree where grounds established. Doctrine of functus officio – inapplicable to ex-parte determinations where recall or setting aside is sought
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12 June 2023 |
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9 June 2023 |
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Court granted leave for two nominated persons to bring a representative suit under Order I Rule 8 CPC.
Representative proceedings – Order I Rule 8 Civil Procedure Code – requirements for leave to sue on behalf of numerous persons with same interest – authorization and evidentiary proof; procedural preliminaries – proper raising of preliminary objections; relief – leave granted to nominated representatives (annexture MB2).
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9 June 2023 |
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9 June 2023 |
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8 June 2023 |
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8 June 2023 |
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7 June 2023 |
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A primary court lacked jurisdiction over a cooperative-society dispute, rendering its judgment and execution null and void.
Cooperative societies — disputes arising from the business of a cooperative society — dispute resolution under Regulation 83, Cooperative Societies Regulations, 2015
Jurisdiction — primary court’s lack of inherent jurisdiction renders judgment and execution nullity. Civil revision — District Court’s revisional power and time limits under s.22(4) Magistrates Courts Act. Procedural law — jurisdictional challenge may be raised at execution stage
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7 June 2023 |
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7 June 2023 |
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6 June 2023 |
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6 June 2023 |
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Admissions of acts alone did not prove intent for assault occasioning actual bodily harm; appeal dismissed.
Criminal law – assault occasioning actual bodily harm (s.241) – prosecution must prove actus reus and mens rea; admissions of act do not automatically prove intention
Evidence – conviction must rest on strength of prosecution case, not weakness of defence; burden remains on prosecution. Self-defence – possible justification under s.18 where victim armed and fight was mutual
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5 June 2023 |
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Primary Court lacked jurisdiction where Form No.1 indicated the deceased was Christian; appeal dismissed.
Probate jurisdiction — Primary Courts — Form No. 1 (paragraph on religion) determines jurisdiction at admission stage; probate matters involving religion require proper forum; nullification for want of jurisdiction distinct from revocation/annulment of letters of administration; District Court justified in quashing proceedings for lack of jurisdiction.
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2 June 2023 |