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Citation
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Judgment date
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| July 2024 |
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22 July 2024 |
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22 July 2024 |
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22 July 2024 |
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18 July 2024 |
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18 July 2024 |
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8 July 2024 |
| June 2024 |
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28 June 2024 |
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28 June 2024 |
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14 June 2024 |
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Applicant’s inconsistent, uncorroborated reasons failed to show good cause for extension of time to lodge an appeal.
Criminal procedure – extension of time to lodge appeal – requirement to show good cause – applicant must give detailed, consistent reasons and account for each day of delay – allegations involving third parties or eCMS require corroborating affidavits – uncorroborated, inconsistent explanations defeat condonation.
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14 June 2024 |
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13 June 2024 |
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13 June 2024 |
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12 June 2024 |
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12 June 2024 |
| May 2024 |
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Application to correct 2014 proceedings wrongly filed; errors apparent on record require review, not clerical rectification.
Civil procedure — rectification of clerical errors — appropriate remedy for errors apparent on the face of the record — review application vs clerical rectification — ex parte judgment — competence of application under section 96 CPC.
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31 May 2024 |
|
Failure to join the village government did not vitiate the tribunal’s jurisdiction; tribunal properly evaluated evidence, appeal dismissed.
Civil procedure – necessary parties – local/village government not a necessary party absent allocation by Land Commissioner or existence of title deed/right of occupancy;* Land law – proof of ownership – evidence and witness corroboration can support declaration of ownership absent documentary title;* Jurisdiction – failure to join non-necessary party does not oust Tribunal’s jurisdiction;* Pleadings – tribunal entitled to decide upon evidence consistent with pleaded case.
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24 May 2024 |
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Self-defence unavailable where appellant used excessive, effectively premeditated force; appeal against grievous harm conviction dismissed.
Criminal law – grievous harm: proof of injury and unlawfulness; self-defence – requires reasonable and proportionate force; excessive or premeditated use of a weapon negates self-defence; first appellate court duty to re-evaluate evidence; intoxication must be proved and properly pleaded.
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16 May 2024 |
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7 May 2024 |
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2 May 2024 |
| April 2024 |
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29 April 2024 |
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29 April 2024 |
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25 April 2024 |
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25 April 2024 |
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24 April 2024 |
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Non‑joinder of village authority and prior transferees was not fatal; respondent may use counterclaim or third‑party procedure.
Land law — Joinder of necessary parties — Non‑joinder not automatically fatal — Documentary sale agreements are evidentiary, not automatic grounds for joinder — Counterclaim/third‑party procedure as remedy.
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24 April 2024 |
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22 April 2024 |
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18 April 2024 |
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16 April 2024 |
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16 April 2024 |
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15 April 2024 |
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A statutory amendment abolishing leave for civil appeals rendered the applicant's High Court leave application redundant and struck out.
Appellate procedure – Appellate Jurisdiction Act s.5 amended by Legal Sector Laws (Misc. Amendments) Act No.11/2023 – removal of leave requirement for civil appeals to Court of Appeal; Procedural amendment – retrospective application; Jurisdiction – High Court cannot grant leave once leave abolished; time‑bar and notice issues to be determined by Court of Appeal; Pending leave applications overtaken by statute – strike out; No costs awarded.
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15 April 2024 |
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15 April 2024 |
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12 April 2024 |
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5 April 2024 |
| March 2024 |
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A widow has locus standi to seek revocation of letters of administration; an omnibus objection is premature and dismissed.
Probate — Locus standi — Widow’s right to inherit and to apply for revocation of letters of administration; Omnibus applications — multiple related prayers not automatically bad in law; premature preliminary objections — omnibus objection to be determined after hearing main application.
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26 March 2024 |
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22 March 2024 |
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22 March 2024 |
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21 March 2024 |
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21 March 2024 |
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14 March 2024 |
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14 March 2024 |
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13 March 2024 |
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11 March 2024 |
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7 March 2024 |
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7 March 2024 |
| February 2024 |
|
|
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29 February 2024 |
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23 February 2024 |
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20 February 2024 |
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15 February 2024 |
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15 February 2024 |