|
Citation
|
Judgment date
|
| August 2025 |
|
|
|
25 August 2025 |
|
A tribunal's failure to afford the applicant a hearing on an issue it raised suo moto rendered its decision a nullity.
Land law – procedural fairness – right to be heard – tribunal raising preliminary objection suo moto – refusal to afford applicant opportunity to address issue – natural justice – nullification of decision rendered without hearing party.
|
25 August 2025 |
|
|
25 August 2025 |
|
|
25 August 2025 |
|
|
21 August 2025 |
|
|
21 August 2025 |
|
|
21 August 2025 |
|
|
21 August 2025 |
|
Failure to properly record assessors’ opinions fatally vitiates tribunal proceedings and requires a retrial from the defective stage.
Land law – Land Disputes Courts Act – assessors’ opinions – failure to record assessors’ opinions – effect of procedural irregularity – nullification of tribunal’s proceedings and judgment – remittal for retrial.
|
15 August 2025 |
|
A court may not hold a non-party or mere contract witness liable for breach under the doctrine of privity of contract.
Civil procedure – revision – contract law – privity of contract – liability of non-party – powers of witness vs. guarantor – irregular ex parte proceedings – court powers of revision.
|
13 August 2025 |
|
A conviction for statutory rape of a child under ten was upheld, with mandatory life imprisonment affirmed despite alleged evidentiary contradictions.
Criminal law – statutory rape – burden of proof – credibility of child witness – effect of delay in reporting – contradictions in testimony – sentencing – mandatory life imprisonment for victim under ten years – Penal Code ss 130, 131(3).
|
12 August 2025 |
|
|
5 August 2025 |
| July 2025 |
|
|
The court struck out a land recovery suit for non-compliance with mandatory notice requirements in government proceedings.
Government Proceedings Act – Compliance with section 6(2) – Service of 90 days’ notice to Solicitor General mandatory.
|
31 July 2025 |
|
The court dismissed a land ownership claim, affirming the 1st defendant's lawful ownership based on unchallenged tribunal judgment.
Land Law – Ownership dispute over Plot No. 138, Block 'D' in Mbinga Town – Validity of sale – Identity and credibility of claimant.
|
23 July 2025 |
|
Plaintiff's claim of land ownership dismissed due to lack of proof, defendants found lawful occupants through village government allocation.
Land law – ownership – disputed land – plaintiff's claim of ownership from inheritance – defendants' claim of land allocation by government during operation vijiji.
|
23 July 2025 |
|
The court upheld the conviction for unlawful possession of government trophy, affirming correct legal procedure and evidence handling.
Criminal Law – wildlife conservation – unlawful possession of government trophy – identification of evidence – chain of custody – procedural fairness.
|
22 July 2025 |
|
Appeal partly allowed; conviction for armed robbery set aside, conviction for grievous harm upheld with five-year sentence.
Criminal law – Armed robbery – Causing grievous harm – Evidence evaluation – Sentencing – Common intention.
|
22 July 2025 |
|
|
18 July 2025 |
|
|
18 July 2025 |
|
|
17 July 2025 |
|
Court approves adoption of child, emphasizing the child's best interest and compliance with legal requirements.
Child Adoption – determination of best interest of the child – compliance with legal procedures for adoption
|
16 July 2025 |
|
The applicants received a 14-day extension to file a revision application due to technical and electoral-related delays.
Labor Law – Extension of time – Grounds for delay – Technical delay – Electoral participation.
|
14 July 2025 |
|
|
14 July 2025 |
|
Court upheld the legality of fines and livestock confiscation under by-laws for grazing in restricted areas.
Environmental Management Act - by-laws - legal validity of fines - livestock grazing - lease agreement compliance
|
11 July 2025 |
|
|
10 July 2025 |
|
Ex parte judgment can only be contested via appeal after refusal to set aside the order for ex parte hearing.
Civil Procedure – Ex parte judgment – Setting aside – Jurisdiction – Functus officio – Right to appeal.
|
9 July 2025 |
|
Court grants extension of time for inmate to appeal due to justified issues of delay and reliance on prison services.
Criminal procedure – Extension of time – Application for appeal out of time due to delay in receiving court records and prison assistance.
|
8 July 2025 |
|
Application for extension of time struck out due to failure to attach the impugned ruling.
Preliminary objection – incompetence – failure to attach ruling in application for extension of time
|
3 July 2025 |
|
|
2 July 2025 |
|
The application for review of a retrial order was dismissed, as the errors alleged were not apparent for review.
Civil procedure - review of judgment - errors on the face of record - retrial order versus reevaluation of evidence.
|
2 July 2025 |
| June 2025 |
|
|
|
30 June 2025 |
|
|
26 June 2025 |
|
|
26 June 2025 |
|
|
26 June 2025 |
|
|
26 June 2025 |
|
|
26 June 2025 |
|
|
25 June 2025 |
|
|
25 June 2025 |
|
|
19 June 2025 |
|
|
19 June 2025 |
|
|
19 June 2025 |
|
|
19 June 2025 |
|
|
19 June 2025 |
|
|
19 June 2025 |
|
|
19 June 2025 |
|
Appellate court found victim’s age and penetration proved, reversed acquittal and convicted respondent of rape with 30-year sentence.
Criminal law – Sexual offences – Statutory rape – Proof of age and penetration – Child of tender age’s evidence may suffice if credible – Medical evidence corroborating penetration – Appellate re-evaluation under s.382(1)(a)(i) Criminal Procedure Act.
|
17 June 2025 |
|
|
16 June 2025 |
|
A notice to rectify a land register that cancels title must give reasons, provide hearing and respect constitutional compensation protections.
Land registration – notice of intention to rectify – substance over form: notice that effects automatic cancellation is a decision; administrative bodies must give reasons; right to be heard (Article 13(6)(a)); constitutional protection of property and requirement for fair and adequate compensation (Article 24).
|
13 June 2025 |
|
Appellate court quashed judgment and ordered retrial where hearsay, contradictions and locus visits tainted the proceeding.
Land disputes — evidence — hearsay inadmissibility under s.62 Evidence Act; burden and standard of proof in civil suits (s.110, balance of probabilities); locus in quo visits — when justified and need for fair procedure; procedural irregularity warranting trial de novo.
|
12 June 2025 |
|
A conditional notice to rectify a land title that imposes a time limit and automatic cancellation is a decision appealable under section 102(1).
Land Registration Act s.102(1) – appealability of notices of intention to rectify – notice amounting to decision where conditional cancellation and time limit imposed; compliance with s.102(1)(a) by filing notice of intention via e‑CMS; constitutional rights may be raised in ordinary High Court proceedings; administrative decisions and duty to give reasons/right to be heard.
|
12 June 2025 |