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Citation
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Judgment date
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| November 2025 |
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Minor contradictions did not defeat respondent’s evidence; ownership proved on balance of probabilities; appeal dismissed.
* Land dispute – proof of ownership – burden of proof on balance of probabilities – party with heavier/corroborated evidence prevails. * Evaluation of evidence – minor contradictions attributable to age or lapse of memory do not vitiate a party’s case. * Procedural error – misdirected finding on unpleaded witness requirement can be immaterial if respondent’s case is otherwise proved.
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14 November 2025 |
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Respondent proved ownership on the balance of probabilities; appeal dismissed and no costs ordered.
* Land law – ownership disputes – evaluation of oral testimony – distinguishing minor (age/memory-related) discrepancies from material contradictions that go to the root of title. * Evidence – burden on balance of probabilities in civil claims; party with heavier, credible evidence prevails. * Pleadings – court will not fault respondent where claimant did not plead a particular chain of title. * Credibility – corroborative neighbour evidence can bolster possession/ownership claims.
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14 November 2025 |
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Unsigned witness testimonies render tribunal proceedings unauthentic, requiring nullification and retrial.
* Procedure – Court proceedings – Requirement for presiding officer's signature at the end of each witness's testimony – Authenticity of record – Unsigned testimonies render proceedings unauthentic and vitiated.
* Appeal/Revision – Incurable procedural irregularity – Nullity of proceedings – Retrial ordered before different chairman and new assessors.
* Overriding objective – Not available to cure absence of authentication of trial record.
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14 November 2025 |
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High Court lacks jurisdiction to grant stay of execution once a notice of appeal to the Court of Appeal has been filed.
* Civil procedure – stay of execution – Order XXXIX r.5 CPC – jurisdiction – effect of lodging notice of appeal – once appeal to Court of Appeal commences High Court ceases to have jurisdiction; preliminary objection – application struck out with costs.
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13 November 2025 |
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Court granted temporary injunction preventing eviction and closure of petrol stations pending resolution of contractual dispute.
* Civil procedure – interim injunction – prerequisites: prima facie case, irreparable injury, balance of convenience; * Contract/Commercial law – marketing licence, termination and eviction of petrol stations; * Interim relief to preserve status quo pending substantive proceedings; * Loss of goodwill and business continuity as irreparable harm.
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13 November 2025 |
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Summary judgment for unpaid statutory social security contributions and penalties where defendant failed to seek leave to defend.
* Social security law – statutory employer and employee contributions – obligation to remit 20% monthly (10% employer, 10% employee).
* Civil procedure – summary judgment – effect of entering appearance without obtaining leave to defend in a summary suit.
* Evidence – reliance on inspection report, arrears schedule and penalty notice to prove quantum of arrears and penalties.
* Remedy – judgment for arrears and penalties with interest; no costs order.
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12 November 2025 |
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Summary judgment granted for unpaid statutory social security contributions and penalties where defendant failed to obtain leave to defend.
* Social Security Law – Employer’s statutory duty to remit employee and employer contributions monthly – sections 12 and 14(1) of NSSF Act. * Civil Procedure – Summary suit procedure – effect of defendant entering appearance but failing to obtain leave to defend; plaintiff entitled to summary judgment. * Evidence – sufficiency of inspection report, arrears schedule and penalty notice to establish liability and quantum. * Remedies – decretal sum with court-prescribed interest; costs discretionary.
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11 November 2025 |
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Extension of time granted where applicant satisfactorily explained delay after earlier appeal was struck out.
* Criminal procedure — Extension of time under section 361 CPA — Applicant must show sufficient cause; discretion to be exercised judiciously and flexibly.
* Procedure — Defective notice of appeal causing earlier appeal to be struck out can constitute satisfactory explanation for delay.
* Appeals — Once delay is satisfactorily explained, extension of time to file notice and petition of appeal ought to be granted (unopposed applications).
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10 November 2025 |
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Appeal filed beyond the statutory thirty-day period from a district court decision is time-barred and dismissed.
* Civil procedure – Appeals from primary court decisions to High Court – s.25(1)(b) Magistrates' Courts Act – thirty-day limitation period.
* Time-barred appeals – application of Law of Limitation Act where statute prescribes limitation but not consequence.
* Dismissal of time-barred appeals and discretionary treatment of costs when the court raises jurisdictional defects suo motu.
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10 November 2025 |
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10 November 2025 |
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Rape conviction of a ten-year-old upheld; life sentence reduced to thirty years due to sentencing provision.
Criminal law – Rape: proof of penetration; Evidence Act – child witness promise to tell the truth and admissibility (s.135); Criminal Procedure – remedial provisions for procedural omissions (ss.10(3), 411); Investigative witnesses – when absence attracts adverse inference; Right to counsel – accused must request legal aid; Sentencing – correct penalty where victim is ten years old (s.131).
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10 November 2025 |
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A divorce petition filed without a Marriage Conciliation Board certificate is incompetent and renders ensuing orders null for want of jurisdiction.
Matrimonial law – Requirement of referral to Marriage Conciliation Board under section 101 LMA – Certificate as jurisdictional prerequisite – Petition for divorce filed without certificate is incompetent – Proceedings and judgments nullity – Remedy: quash and liberty to refile.
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7 November 2025 |
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Appellate court re-evaluated evidence, found confession corroborated and ownership proved, and dismissed the appeal.
Criminal law – theft – proof of ownership by documentary evidence; cautioned statements – voluntariness, statutory compliance and retraction – corroboration; evaluation of defence – failure to consider defence as material irregularity; appellate re-evaluation of evidence.
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6 November 2025 |
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Unsworn child testimony needs corroboration; medical and circumstantial evidence sustained the appellant's rape conviction.
Evidence — Child witness — Section 127(2) Evidence Act — Unsworn evidence of a child requires corroboration; Corroboration by medical and circumstantial evidence; Circumstantial evidence must be watertight; Failure to call non-material witness not fatal; Prosecution’s discretion under section 143 Evidence Act.
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6 November 2025 |
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Typographical court-title errors are non-fatal, but failure to comply with mandatory electronic filing and Labour Court Rules renders the revision incompetent.
* Labour procedure – Revision of CMA award – competency of revision application – requirements of Labour Court Rules for notice of application/chamber summons and affidavit (rule 24). * Electronic filing – Mandatory compliance with Judicature and Application of Laws (Electronic Filing Rules) GN. No. 148/2018 – ECF as official court record; MS Word pleadings and PDF conversion must correspond (rules 11, 12, 26). * Court titling – misdescription of court or registry (division/sub-registry) is a non-fatal lapse if not jurisdictional.
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6 November 2025 |
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Right of action accrues when dispute/trespass arises, not automatically at the deceased's death.
Limitation law – accrual of right of action; section 9(1) (deeming provision) construed with sections 4,5,24 and 33; cause of action accrues when dispute/trespass is discovered; administrative decision dismissing as time‑barred set aside when action timely.
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5 November 2025 |
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Electronic submission date under the Electronic Filing Rules controls filing deadline; unexplained late filing renders the appeal time-barred and struck out.
Land law and procedure – limitation – appeals from District Land and Housing Tribunal – 45-day filing period – Law of Limitation Act and Land Disputes Courts Act – Electronic Filing Rules (G.N. No.148/2018) – Rule 21(1) electronic submission deemed date of filing – late filing renders court without jurisdiction – appeal struck out.
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5 November 2025 |
| October 2025 |
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Court orders exhumation and reburial where in‑residence grave near a water well posed public health risk and local consent existed.
Graves (Removal) Act – primarily for ministerial/public interest removals; Civil Procedure Code s.95 – private applications for exhumation; Public Health Act (ss.126–129) – burials at designated sites and prohibition of unlicensed funeral homes; public health risk from graves near communal water sources; local government and family consent as material consideration.
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28 October 2025 |
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Stay of execution refused: substantial loss shown but applicant failed to furnish required security, registry misnomer not fatal.
Labour procedure — stay of execution after garnishee absolute; jurisdiction where garnishee directs funds to judiciary account; registry misnomer not fatal; stay requires cumulative proof of substantial loss, promptness and security under Order XXXIX r.5 CPC and Labour Court rules.
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28 October 2025 |
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Extension of time granted where incarcerated applicant delayed by failure to obtain court records and respondent did not object.
Appellate jurisdiction — Extension of time under section 14(1) AJA — "Sufficient cause" construed broadly — Incarcerated applicants and inability to procure records — Respondent’s concession relevant to discretionary grant.
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27 October 2025 |
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23 October 2025 |
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23 October 2025 |
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22 October 2025 |
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Commission for a court broker must be calculated on the lesser of inventory or decretal sum; discretionary allowances otherwise upheld.
* Court Brokers Rules – computation of commission – item 1(b) Fourth Schedule – commission to be based on the lesser of inventory value or decretal sum; * Taxation discretion – awarding reasonable per diems for public officers; * Rule 28 – prescribed commission includes attachment and safeguarding expenses; * Evidential requirements – disallowance of costs where supporting receipts are inconsistent with claimed dates.
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22 October 2025 |
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21 October 2025 |
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21 October 2025 |
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Appeal against rape conviction dismissed; familiar-witness identification and lawfully recorded statements established guilt beyond reasonable doubt.
* Criminal law – Rape – Identification at night by a familiar witness – conditions for safe recognition (lighting, proximity, voice recognition, contemporaneous reporting).
* Evidence – Extra‑judicial statements – admissibility and timing; no fixed statutory limit for recording extra‑judicial statements.
* Evidence – Caution statement – compliance with section 51(1)(a) Criminal Procedure Act (timing).
* Defence – Allegation of frame‑up raised in defence may be treated as afterthought if not advanced during prosecution stage.
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20 October 2025 |
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20 October 2025 |
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20 October 2025 |
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Appellant failed to prove criminal trespass; ownership dispute is civil and evidence was insufficient.
* Criminal law – Trespass to land – Ownership or boundary disputes must be settled in civil courts; criminal trespass will not succeed where title/boundaries unsettled.
* Criminal procedure – Retrial de novo – Nullified proceedings restart afresh; retrial order did not compel a locus in quo absent specific direction or request.
* Evidence – Burden of proof – Prosecution/applicant must prove possession and trespass beyond reasonable doubt; concurrent acquittals should not be disturbed absent misdirection.
* Documentary evidence – Admission/irregularities in exhibit SMF1 immaterial where applicant failed to prove the offence.
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20 October 2025 |
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A retrial does not automatically require a locus in quo and criminal trespass cannot succeed amid unresolved civil disputes over land.
Criminal law – Trespass to land – Where ownership or boundaries are contested, resolution lies in civil courts; criminal trespass cannot succeed without clear proof of possession and unlawful entry. Procedure – Retrial de novo – Nullification of earlier proceedings restarts the hearing; retrial court is not automatically bound to revisit locus in quo absent application or necessity. Evidence – Burden of proof in criminal case rests on prosecution/complainant; failure to summon material witness and to prove boundaries defeats trespass charge.
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20 October 2025 |
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17 October 2025 |
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Appellant entitled to costs after respondent withdrew application; District Court misapplied Order XXII Rule 1(1) CPC.
Civil procedure – withdrawal of application – award of costs – Order XXII Rule 1(1) CPC – costs ordinarily follow the event – discretionary refusal requires proper reasons; Appeals from Primary Courts – extension of time – withdrawal and costs.
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17 October 2025 |
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17 October 2025 |
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16 October 2025 |
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A charge alleging multiple rapes without separate counts is incurably defective and vitiates the conviction.
Criminal procedure – Charge sheet – Series of offences – Where multiple similar offences are alleged on distinct occasions each must be set out as a separate count (s.133 CPA); a charge aggregating distinct incidents as 'diverse dates' is incurably defective and vitiates subsequent proceedings – Conviction and sentence set aside.
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16 October 2025 |
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16 October 2025 |
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16 October 2025 |
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Extension granted where technical delay and apparent suo motu jurisdictional illegality justified relief to the applicant.
* Civil procedure – extension of time under Advocate Remuneration Orders r.8(1) – factors: length and reasons for delay, diligence, prejudice, and existence of apparent illegality. * Illegality – court raising jurisdiction suo motu and deciding it without hearing parties – sufficient and apparent ground to extend time. * Technical delay – prosecuting related application can justify extension if applicant acted promptly.
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15 October 2025 |
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13 October 2025 |
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The applicant's conviction was quashed due to unreliable night identification and inconsistent medical evidence.
Criminal law – Proof beyond reasonable doubt; visual identification at night by recognition – necessity to describe lighting, distance, room size and clothing; medical evidence on penetration – significance of 'old' vs fresh injuries; improbability where other persons present; conviction quashed where identification and medical evidence create reasonable doubt.
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13 October 2025 |
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Appeal allowed where police non‑attendance, identity discrepancies and charge‑evidence variance rendered prosecution unsafe.
Criminal law – Evidence in sexual offences – burden of proof beyond reasonable doubt; child victims’ testimony; necessity to call investigating police officer; variance between charge and evidence (rape vs sodomy) and need for amendment; identity and identification parade; adequacy of defence consideration.
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13 October 2025 |
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Appellant's conviction quashed because victim's dock identification lacked prior description or identification parade, defeating proof beyond reasonable doubt.
Criminal law – Kidnapping with intent to confine – Visual identification – Dock identification insufficient without prior description or identification parade – Caution statement admissibility – Burden to prove identity beyond reasonable doubt.
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13 October 2025 |
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Accused acquitted where confession of arranging robbery lacked corroboration to prove murder beyond reasonable doubt.
Criminal law – murder – elements: death and unlawful cause established by post-mortem; Confession law – cautioned statement admissible but requires voluntariness and corroboration; Common intention – liability cannot be inferred without corroborative evidence linking accused to homicidal act; Criminal Procedure – Section 312(1) no prima facie case mandates acquittal.
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13 October 2025 |
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Accused acquitted under s.312(1) because confession of planning, without corroboration, did not establish participation in the killing.
Criminal law – Murder: elements (death, unlawful killing, accused’s causation and malice aforethought); Confessional statements – admissibility, voluntariness and need for corroboration; Common intention – limits where confession shows planning but not participation in lethal act; Criminal Procedure Act s.312(1) – acquittal where no prima facie case.
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13 October 2025 |
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Res judicata did not bar the applicant’s suit; the plaint disclosed a cause of action and objections were dismissed.
* Civil procedure – Res judicata – Applicability of section 11 CPC – requirement that conditions be cumulatively satisfied; * Civil procedure – Objection (attachment) proceedings – Order XXI r.62 – objection orders do not bar fresh suit to determine title; * Civil procedure – Pleading – Order VII r.1(e) – what constitutes a disclosed cause of action (loan, mortgage, execution, objection).
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13 October 2025 |
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Court granted 20‑day extension to file labour revision, finding advocate’s funeral absence a sufficient cause and computing delay from statutory expiry.
Labour law — extension of time — good cause — computation of delay from expiry of statutory period (42 days) — advocate’s unavoidable absence (funeral) as sufficient cause — alleged illegality unnecessary to decide once good cause established.
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10 October 2025 |
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Unpleaded illegality and failure to file notice of representation barred setting aside the CMA ex-parte award; revision dismissed.
Labour law – setting aside ex-parte award; representation – mandatory notice of representative; inability to raise unpleaded illegality on revision; party’s duty to follow proceedings despite counsel.
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9 October 2025 |
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Breach of oral currency-exchange contract: plaintiff awarded return of withdrawn funds and general damages; loss of profit unproven.
Contract law – oral agreement for currency exchange – proof of deposit and transfer – breach by non-payment and withdrawal – failure to prove special damages – award of general damages – interest must be pleaded or agreed.
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7 October 2025 |
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Appeal dismissed: successor magistrate lawfully recommenced trial; child and eyewitness evidence sufficiently proved attempted rape.
Criminal law – attempted rape – evidence in flagrante delicto; Evidence Act s.135 – child of tender age testimony admissibility and assessment; Criminal Procedure Act s.230 – recommencing trial and re‑summoning witnesses after missing record; duty to call witnesses – prosecution discretion; defence obligations – importance of cross‑examination; conduct (flight) as evidential factor.
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6 October 2025 |