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387 judgments found.
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December 2023
Extension of time granted where timeous but incompetent original appeal created a technical delay and applicant acted promptly.
Civil procedure — extension of time — sufficient cause
— accounting for delay
— authorities: Lyamuya, Fortunatus Masha, Eliakim Swai
— diligence required
— negligence in filing not necessarily fatal where applicant promptly corrected error
— technical delay where original appeal was timeous but later found incompetent
21 December 2023
Second appeal dismissed: concurrent factual findings upheld; unsigned ward proceedings not fatal; non-joinder harmless without proof.
Civil procedure
— Necessary parties — vendor who gave evidence at trial need not be separately joined — Effect where administrator status not established
— Ward Tribunal proceedings — Requirement to sign proceedings — Members required to sign judgment, not daily proceedings
Land law — ownership dispute — Sale agreements and corroborative evidence — Appellate review of concurrent findings
20 December 2023
Failure to file the prescribed reference under Order 7(1) makes an appeal against taxation proceedings incompetent and struck out with costs.
Civil procedure — Taxation of costs — Advocates Remuneration Order, 2015
20 December 2023
High Court quashed DLHT decision for failing to sufficiently describe the disputed parcel of land.
Land disputes — Revision under s.43(1)(b) Land Disputes Courts Act — High Court's power under s.43 to quash DLHT proceedings for material error affecting merits
Land law — description of immovable property — Defective description a material irregularity
18 December 2023
Unsworn testimony of a key witness and exhibits admitted through it were expunged, quashing convictions for trophies and firearm possession.
Criminal procedure
— Evidence — Unsigned/unsworn testimony and exhibits admitted through such testimony have no evidential value and are expunged
— insufficiency of remaining evidence warrants quashing conviction — Retrial not ordered to enable prosecution fill gaps
15 December 2023
Whether an order refusing extension of time to file review is appealable to the High Court; court held it is not.
Civil procedure — jurisdiction — Appealability of orders
15 December 2023
Appeal dismissed: distributed estate ceased to be part of probate, suit filed within limitation, respondent proved ownership on balance of probabilities.
Land law — burden of proof in civil actions
— evaluation of evidence on a first appeal
— requirement of documentary proof to establish title
Land law — succession and probate — distribution of deceased’s estate
— accrual of cause of action for land claims
— limitation period
15 December 2023
Respondent failed to prove joint acquisition of 153 sacks of paddy; appellate inclusion and sale of the third house was erroneous.
Family law
— Division of matrimonial/family assets — Burden to prove joint acquisition and extent of contribution — Evidence standards
— Magistrates' Courts Rules) — Second appeal restraint: interference only for misdirection or miscarriage of justice — Execution limits: Rule 63(1)(b) (protection of residential house)
14 December 2023
Documentary exhibit not read aloud was expunged; remaining evidence insufficient—conviction quashed and sentence set aside.
Criminal law
— Documentary exhibits — failure warrants expungement — Expungement of exhibit
— Evidence — Sufficiency of evidence after expunction — Proof beyond reasonable doubt
Criminal procedure — Appeals — Dispositive ground may be decided without determining remaining grounds
14 December 2023
Application for extension refused; Registrar's rejection and alleged network failure not sufficient causes.
Civil procedure — electronic filing rules
— exemption/manual filing when system inaccessible
— negligence and single-day unexplained delay
Civil procedure — extension of time
— rejection by Deputy Registrar of electronic filing
— Sufficiency of cause for delay
12 December 2023
Termination for absenteeism upheld; limited subsistence allowance awarded and revision dismissed.
Labour law — unfair termination
— absenteeism of more than five working days as valid grounds for termination
— employee name discrepancies immaterial where records show interchangeable use
— procedural fairness in disciplinary hearings
— repatriation and subsistence allowance entitlement and quantification under section 43 ELRA and GN. No.47/2017
12 December 2023
Applicant failed to plead sufficient cause for extension; submissions introducing illegality and new facts were not entertained.
Civil procedure
— extension of time
— submissions cannot introduce new facts or substitute evidence — Parties bound by their pleadings
12 December 2023
Search, seizure and cautioned statements were lawful; prosecution proved trafficking beyond reasonable doubt; appeal dismissed.
Criminal law — Search and seizure — DCEA read with CPA — Validity of search under s38 CPA and s48 DCEA
Evidence
— Cautioned statement — compliance with sections 50 and 51 CPA — Admissibility and computation of statutory four‑hour period
— statements of unavailable witnesses — Admissibility under s34B(2) Evidence Act — Probative value of admitted statement
11 December 2023
November 2023
30 November 2023
Second appeal cannot introduce new grounds; DLHT’s finding of lack of Ward Tribunal jurisdiction affirmed.
Appellate practice — Second appeal — new grounds not raised in the High Court are not entertainable by the Court of Appeal
Civil procedure — Execution — Questions arising from execution of a decree are for the executing court
Land law — Territorial jurisdiction — locus in quo, natural boundary demarcation
30 November 2023
Failure to serve mandatory 90‑day government notice ousts jurisdiction; application struck out with costs.
Administrative law
— Government proceedings act — mandatory 90 days' notice of intention to sue
— Urban authorities) act — procedure for suing urban authorities — impact of Written Laws
Civil procedure
— interim relief — certificate of urgency does not cure non-compliance with mandatory notice provisions
— jurisdiction — non-compliance with statutorily required notice ousts court's jurisdiction to entertain suit or application
Land law — Local government
30 November 2023
An application filed in the name of a power‑of‑attorney holder, not the donor, is procedurally irregular and is struck out.
Labour law
— Labour procedure — verification of affidavit — verification of paragraphs includes sub‑paragraphs
— Power of attorney — validity and proper use — holder cannot sue in own name
— Procedural irregularity — striking out application for lack of locus standi
30 November 2023
Purchase void where vendors defaulted and sale agreement unregistered; appellant not bona fide purchaser and appeal dismissed.
Land law — bona fide purchaser for value
— caveat emptor
— jurisdiction of District Land and Housing Tribunal against prior Primary Court proceedings
— unpaid purchase price rendering sale voidable
Land law — transfer of immovable property — requirement of registered deed of conveyance
30 November 2023
A defective written lease did not prevent finding an implied month-to-month tenancy; landlord granted possession and rent arrears.
Land law — Tenancy — validity of company contract execution
— authority to sign and company seal
— entitlement to possession and rent arrears where tenant defaults
— ex-parte proceedings for absent defendant
— implied/oral month-to-month tenancy established by occupation and payment
30 November 2023
23 November 2023
23 November 2023
23 November 2023
Whether the appellant could file a fresh appeal after the High Court ordered a remitted appeal to be reheard de novo.
Criminal procedure — Appeal — competency of appeal — Effect of quashing lower‑court judgment and ordering appeal to be heard de novo (requirement to proceed in the original appeal file rather than institute a fresh appeal)
17 November 2023
An advocate may depose an affidavit on matters within personal knowledge or on disclosed information and belief; objections requiring proof are not proper preliminary objections.
Civil procedure
— Affidavits — advocates as deponents — advocates may swear affidavits on matters within personal knowledge and may depose on information and belief if source disclosed
— preliminary objection — improper raising of points requiring proof — such points should be argued on the merits, not by preliminary objection
Legal profession — Advocate as witness — deposing counsel may be cross-examined and may be disqualified from acting as advocate if required to prove affidavit contents
15 November 2023
Court registered parties’ deed of settlement as consent order, ordering division and transfer of matrimonial property and marking appeal settled.
Family law — Matrimonial property — parties’ Deed of Settlement — registration as consent
— division and transfer of matrimonial property
— enforceability as decree
— marking appeal settled
14 November 2023
Excluding appellant’s witnesses without hearing him breached natural justice and nullified the lower tribunals’ proceedings.
Appellate practice — Appellate review — concurrent findings of fact may be disturbed where there is misapplication of legal principle or denial of fair hearing
Civil procedure — remedy — nullification of tainted proceedings and retrial
Evidence — competency of witnesses
Natural justice — Right to be heard — exclusion of witnesses without affording party opportunity to respond — vitiates proceedings
13 November 2023
The court dismissed respondents' late application to implead alleged necessary parties for failure to justify departing from the scheduling order.
Civil procedure — Impleader and necessary parties — Tests for necessity (right of relief; inability to pass effective decree)
13 November 2023
A company’s suit without a board resolution is incompetent; power of attorney does not substitute—suit struck out with costs.
Civil procedure — preliminary objection on competence — Pleading signed by company officer not a substitute for board resolution — Failure to plead or annex board resolution renders suit liable to be struck out
Company law — authority to sue — Board resolution authorizing institution of proceedings is a condition precedent and should be pleaded/annexed — Companies Act s147(1) read with Order VII r1
13 November 2023
Court held termination was retrenchment, retrenchment dues were paid, CMA's six-month compensation set aside.
Labour law — Rule 23 Code of Good Practice and s.38 ELRA
— consultation and disclosure
— proof of unpaid terminal benefits
— remedies for unfair termination
— unjust enrichment
Labour law — termination for operational requirements — retrenchment
3 November 2023
October 2023
Court granted extension to seek joinder in pending land appeal due to an apparent point of law despite unexplained delay.
Civil procedure — composition of District Land and Housing Tribunal
— alleged irregularity
— joinder to pending appeal
Civil procedure — extension of time — Law of Limitation
31 October 2023
Plaintiff's suit struck out for failing to sufficiently describe immovable property as required by Order VII, Rule 3 CPC.
Civil procedure — Order VII — Description of immovable property — sufficiency of plaint — costs
31 October 2023
High Court set aside DLHT judgment because the immovable property was not sufficiently described, depriving jurisdiction.
Land law
— Evidence — sale agreement failing to disclose land size
— Jurisdiction — Description of immovable property
— Revision — Court may suo motu nullify proceedings where material error affects merits
31 October 2023
Appellate court affirmed ownership finding; assessor change and omission of one witness evaluation were not fatal.
Land disputes — assessors — Change or absence of assessors — Land Disputes Courts Act s 23(1)-(3)
Land law — ownership and trespass — evaluation of witness credibility and materiality of contradictions — Appellate re‑evaluation of evidence
31 October 2023
Failure to describe the suit land creates a jurisdictional defect making DLHT proceedings null and void.
Jurisdiction — Can be raised at any stage and may be raised suo motu by the court — mandatory threshold question before substantive determination — Remedy: nullification where jurisdictional defect exists
Land law
— Land procedure — competency of suit
— boundary evidence — Tribunal cannot make dispositive boundary or measurement findings not pleaded or proved
31 October 2023
Appeal dismissed because the challenged judgment lacked a valid record due to undocumented consolidation and missing trial proceedings.
Civil procedure
— Change of presiding officer — Failure to record reasons for reassignment
— Consolidation of proceedings — Sua motu consolidation by tribunal without affording parties opportunity to be heard
Land law — Tribunal procedure — Whether an appeal lies from a judgment purportedly arising from a case file with no proceedings
31 October 2023
Ward Tribunal proceedings are null where members’ attendance is not recorded and the non-member secretary signs the judgment.
Land law — Land tribunals — Ward Tribunal composition and quorum
Land law — Remedy
— fresh suit permitted subject to statutory compliance
— set aside judgments, no order as to costs
Land law — Secretary not a member — signing judgment invalidates decision
Land law — Void proceedings
— appeal to DLHT from nullity is incompetent
— High Court revisional powers under s.43(1)(b) and (2) to set aside null proceedings
31 October 2023
Court recorded and adopted a settlement as a consent judgment, declaring ownership and ordering re‑allocation of an equivalent plot.
Civil procedure — Consent judgment — Deed of Settlement recorded as decree under Order XXIII r.3 CPC — Enforceability of settlement agreement
Land law — Ownership and allocation — Declaration of ownership and reallocation of equivalent plot and issuance of title as settlement remedy
31 October 2023
Failure to file court‑ordered written submissions equals non‑prosecution, but the court may strike out instead of dismissing where omission is bona fide.
Civil procedure
— Distinction between dismissal and striking out — Striking out vs dismissal — Relief where omission due to bona fide mistake by lay litigant
— non-compliance with court-ordered written submissions — effect is equivalent to non-appearance and grounds for dismissal — Order XXXIX, Rule 17(1) CPC
31 October 2023
Failure to file court‑ordered written submissions amounts to non‑prosecution; court may dismiss or strike out appeal in its discretion.
Civil procedure
— Written submissions — equivalent to non-appearance — Order XXXIX, r.17(1) Civil Procedure Code
— striking out — incompetent matter should be struck out, dismissal implies decision on merits — Interests of justice and counsel's default
23 October 2023
Applicant failed to show good cause for extension; alleged illegality was unpleaded and application dismissed with costs.
Extension of time; good cause and accounting for each day of delay; illegality as ground for extension must be pleaded in affidavit; parties bound by pleadings; execution may overtake relief but primary failure here was lack of sufficient explanation.
23 October 2023
Appeal dismissed as time‑barred and improperly filed directly in the High Court instead of via the DLHT.
Civil procedure — Appeals from DLHT
— Filing procedure — Petition to DLHT and transmission to High Court required (s 38(2)–(3) LDCA)
— Limitation period
Legal profession
— Advocates’ professional conduct — Submission of unreliable/forged annexures
— duty to maintain integrity and ethics — Advocates
23 October 2023
Failure to test a child witness's understanding of oath rendered her evidence inadmissible and the conviction unsafe.
Appellate practice — Appellate review of trial court's evaluation of evidence and credibility — Benefit of doubt and quashing of unsafe convictions — Conviction unsafe where sole independent child evidence is expunged
Criminal law — Child witness evidence — Mandatory voire dire before receiving evidence of a child of tender years — Evidence Act s127(2)
Criminal procedure — Duty to record remarks on witness demeanour in proceedings — Section 212 CPA — Timing and purpose of remarks
23 October 2023
Applicant's absence at mention and hearing justified dismissal of Mareva injunction application for want of prosecution.
Civil procedure
— Dismissal for want of prosecution — Repeated non-appearance — Order IX Rule 5 and s 95 Civil Procedure Code
— Mareva injunction — Failure to prosecute application — Consequences
23 October 2023
High Court reversed DLHT’s ownership declaration for lack of strict evidence and invoked revisional powers.
Land law — Government proceedings
— capacity of public corporation to be sued pre-2020 without Attorney General
— Non‑joinder/retrospectivity of Written Laws
— Revisionary powers of High Court under s.43 of Land Disputes Courts Act
— unjust enrichment where declaration made without adequate evidence
Land law — proof of ownership — strict proof required
20 October 2023
An appeal from a Primary Court filed directly in the High Court is incompetent and therefore dismissed.
Family law — jurisdictional filing requirements
— Civil Procedure
— costs where defect raised suo motu
— non-compliance renders appeal incompetent
Family law — Matrimonial appeals
18 October 2023
Applicant failed to show good cause or account for each day of delay; extension of time refused and application dismissed.
Civil procedure — extension of time
13 October 2023
Conviction quashed for failure to prove unlawful possession due to chain‑of‑custody gaps and material evidential contradictions.
Criminal law — Chain of custody — documentation (Chain of Custody form), sealing/labeling requirements — Requirement for clear marking, custody record and continuity of seizure to prove exhibits relate to alleged offence
Criminal procedure — Search and seizure — Search conducted without a warrant — Requirement of search warrant under s.38 Criminal Procedure Act
Evidence — certificate of seizure — Authentication and signatures and compliance with section 38(3) of the Criminal Procedure Act — Need to prove specific nature of government trophies (wildebeest tails)
13 October 2023
An affidavit using statutory‑declaration wording in its attestation clause is defective and does not satisfy oath/affirmation requirements.
Civil procedure
— Affidavits — improper attestation — Oaths and Statutory Declarations Act (judicial oaths/forms)
— Oaths and Statutory Declarations Act — prescribed form — Part III/Schedule (statutory declarations)
— preliminary objection — Preliminary objection to affidavit — Attestation clause/formality
13 October 2023
Primary Court lacked jurisdiction in a Christian probate matter; proceedings and subsequent revision were nullities, bad faith is a factual issue.
Civil procedure — Nullity
— Acts and orders of a court lacking jurisdiction are nullities
— subsequent proceedings founded on null proceedings are equally void
Civil procedure — Procedural law — preliminary objection — Allegation of bad faith is factual and not a pure point of law
Civil procedure — Relief
— permissive direction to preserve status quo where estate already administered or distributed
— Setting aside decisions as null ab initio
Jurisdiction — Probate and administration — Primary Court may exercise jurisdiction only where applicable law is customary or Islamic law — no jurisdiction where deceased professed Christianity
13 October 2023
Applicant failed to prove sufficient cause for extension of time to file a reference; application dismissed.
Civil procedure
— Electronic filing (G.N
— extension of time — Application under Order 8(1) Advocates Remuneration Order (G.N
Limitation law — exclusion of time spent obtaining judgment copies — automatic exclusion — Law of Limitation Act s.19 (exclusion for obtaining copy of decree or order)
No. 148 of 2018) — Rule on electronic submissions — Judicature and Application of Laws (Electronic Filing) Rules, 2018 r.20 (exemption from e‑filing by Registrar)
No. 264 of 2015) — Order 8(1) Advocates Remuneration Order, 2015 (G.N. No. 264)
13 October 2023