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Citation
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Judgment date
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| September 2023 |
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Prosecution failed to prove grievous harm and identity; appellant's conviction quashed.
Criminal law – Offence of causing grievous harm – ingredients required and burden of proof; medical evidence (PF3) insufficiency to establish "grievous harm"; visual identification – Waziri Amani criteria and need for watertight identification; first appeal – re-evaluation of evidence; acquittal where prosecution fails to prove identity and nature of injuries.
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29 September 2023 |
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Appeal against order striking out an execution application was incompetent because the order is not appealable under section 74/Order XL.
Civil procedure — Appealability — appeals lie only where law permits (section 74 CPC and Order XL) — execution proceedings (Order XXI) — order striking out execution application under rules 9, 10(2) and 28 not appealable — preliminary objection upheld; appeal struck out with costs.
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26 September 2023 |
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A court cannot grant divorce without determining presumption of marriage when no valid marriage certificate is produced.
Family law – divorce – validity of marriage proof – requirement that a marriage certificate must be issued by the Registrar General or authorised person. Family law – presumption of marriage – application of section 160(1) of the Law of Marriage Act where no formal certificate produced. Civil procedure – setting aside divorce judgment for want of proof of marriage; liberty to institute fresh proceedings.
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25 September 2023 |
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Review application dismissed: alleged fraud and apparent errors were an appeal in disguise, not grounds for review.
Civil procedure — Review — Grounds for review limited to apparent error on face of record, fraud, denial of hearing or lack of jurisdiction — Review not an appeal in disguise. Land law — Interpretation of Land Registration Act s.68 — challenge to statutory interpretation not established as apparent error for review. Land disputes — Orders against third-party occupier and claims for purchase money — matters more appropriately raised on appeal. Civil procedure — Decree extraction (Order XX CPC) — failure to extract decree not shown to cause miscarriage of justice warranting review.
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25 September 2023 |
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An appellant who constructs on land without a written, signed lease cannot enforce an oral agreement and is a trespasser.
Land law – disposition of land – lease – requirement that contracts for disposition (including leases) be in writing or have a written memorandum signed by the party against whom enforcement is sought (s.64(1) Land Act). Civil procedure – parties bound by their pleadings – cannot raise unpleaded issues without amendment. Property tort – trespass – construction without consent. Equitable estoppel – cannot succeed where no enforceable agreement proven.
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22 September 2023 |
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An appeal lodged beyond statutory time limits under s.361(1) is incompetent and is struck out.
Criminal procedure — Appeals — Time limits under section 361(1) Criminal Procedure Act — Notice of intention to appeal within 10 days and petition within 45 days. Failure to comply with statutory time limits — Appeal rendered incompetent — Remedy is striking out. Prisoner-lodged filings — inability to comply does not cure late filing absent extension or leave.
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22 September 2023 |
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Matrimonial proceedings without the Marriage Conciliation Board's certificate are a nullity and must be quashed.
Family Law – Law of Marriage Act, s.101 – mandatory requirement of Marriage Conciliation Board's certificate before instituting divorce proceedings. Evidence – documents appended to pleadings are not evidence; documentary evidence must be connected by oral testimony (Magistrates' Courts (Rules of Evidence in Primary Courts) Regulations regs. 8(1)(b), 11(2)). Jurisdiction – failure to produce/prove Board's certificate renders matrimonial proceedings a nullity. Remedy – proceedings and orders quashed; retrial declined; parties may institute fresh petition.
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22 September 2023 |
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21 September 2023 |
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High Court lacks jurisdiction to extend time for filing a Court of Appeal memorandum; application struck out.
Appellate procedure – Extension of time to file memorandum of appeal – Section 11(1) AJA does not empower High Court to extend time to lodge appeal to Court of Appeal – Court of Appeal Rules r.72(1) and r.10 vest extension power in Court of Appeal.
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20 September 2023 |
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E-filed submissions are filed on electronic submission date; one deponent may validly swear for many if reasons stated.
Civil procedure – Judicial review – Electronic filing: document deemed filed when submitted electronically before midnight EAT under Regulation 21(1). Civil procedure – Limitation: deadline falling on Sunday extends to next working day; electronic submission date governs. Affidavits – Rule 8(4): one person may swear affidavit on behalf of others if reasons are stated; deponent must confine to personal knowledge or state sources. Preliminary objections: factual disputes requiring evidence should not be decided as pure points of law.
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20 September 2023 |
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19 September 2023 |
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Variance as to scene and minor contradictions do not vitiate conviction where cautioned statement and evidence prove the offence beyond reasonable doubt.
Criminal law – causing grievous harm – proof beyond reasonable doubt – corroboration by cautioned statement and medical report. Evidence – variance between charge and witnesses’ testimony as to scene – can be cured by accused’s admission/cautioned statement. Evidence – minor discrepancies/contradictions – normal and not necessarily fatal to prosecution case. Criminal procedure – change of magistrate for preliminary steps – no unfairness where substantive hearing and judgment by same magistrate and no prejudice shown.
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19 September 2023 |
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Delay in receiving copies of judgment can constitute good cause for extension of time to seek leave to appeal.
Civil procedure – extension of time to file application for leave to appeal – s.11(1) Appellate Jurisdiction Act and s.14(1) Law of Limitation Act – delay in supply of copies of judgment as good cause – application of Lyamuya factors (account for delay, length, diligence, point of law).
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19 September 2023 |
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Court records and adopts the parties’ lawful deed of settlement as a consent judgment, resolving the unpaid levy dispute.
Civil procedure – Consent judgment – Recording and registering a deed of settlement under Order XXIII, Rule 3 of the Civil Procedure Code. Settlement – Summary suit – Compromise of disputed claims and adoption of payment instalment schedule. Release – Mutual discharge of past, present and future claims relating to the suit. Costs – Each party to bear its own costs.
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19 September 2023 |
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Applicant failed to show good cause—illness of relative and financial hardship did not justify extension of time to appeal.
Land law — Extension of time to appeal — Good cause requirement — Illness/death of relative and financial hardship — Need for detailed, plausible, and contemporaneous explanation; financial constraints only exceptional basis if convincingly shown.
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18 September 2023 |
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An appellate court erred ordering retrial and setting aside a valid primary court divorce and property division absent illegality.
Matrimonial law – divorce – division of matrimonial property – consideration of spouses' contribution – retrial – appellate interference only where proceedings or judgment are illegal or defective.
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13 September 2023 |
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Extension granted to file bill of costs due to late supply of order and court delay in admitting online filing.
Land procedure – extension of time to file bill of costs – necessity of attaching copy of court order – online filing/admission delay as good cause – electronic evidence/authentication issues – ex parte procedure where respondent fails to participate.
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11 September 2023 |
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Applicant failed to prove ownership on balance of probabilities; respondent's prior occupation established title.
Land law – ownership dispute – burden of proof – claimant must prove title or possession on balance of probabilities Evidence – credibility and consistency of witnesses – no contradiction where evidence matches pleadings Procedural fairness – tribunal may decide issues arising from pleadings; parties must be heard on added or necessary issues Remedies – allegations of trespass or crop destruction are subsumed if claimant fails to establish ownership Use of prior ward-tribunal dispute as evidential background in civil land disputes
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7 September 2023 |
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Applicant failed to show good cause or account for delay; extension of time to appeal denied.
Criminal procedure – extension of time under s.361(2) CPA – discretionary remedy requiring good and genuine cause. Requirement to account for each day of delay; delay must not be inordinate; applicant must show diligence (Lyamuya factors). Delivery of judgment in absentia or late supply of copies does not automatically constitute sufficient cause without accounting for delay.
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7 September 2023 |
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Court granted extension to file appeal due to applicant's sickness; alleged trial illegality not shown on the record.
Criminal procedure — extension of time to file appeal — discretion of court. Grounds for extension — sickness supported by prison dispensary certificate — valid ground. Grounds for extension — alleged illegality in trial record must be apparent on the face of the record to succeed. Admission of cautioned statement and victim's age — contested but not shown to be facial illegality.
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5 September 2023 |
| August 2023 |
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Appeal dismissed for failure to prove sickness and show good cause to set aside ex-parte judgment.
Land Disputes Courts – Regulation 11(2) – Setting aside ex-parte judgment – requirement to show good cause. Civil procedure – Adjournments for sickness must be supported by credible medical evidence – identity, seal and timing of production relevant. Service – implied notice may suffice where parties cohabit and facts indicate awareness of proceedings.
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31 August 2023 |
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Second appellate court partly allowed the appeal, reducing the respondent's damages and awarding a limited rent refund.
Contract law – lease agreement – existence of lease, termination notice and remedies for breach. Burden of proof – civil standard – balance of probabilities and sufficiency of evidence. Appellate review – scope of second appeal and when interference with lower courts' concurrent findings is warranted. Damages – general damages require reasoned assessment; improper use of leased premises limits recovery for loss. Costs – recovery of advocate's costs requires proper bill of costs; unproven claims disallowed.
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31 August 2023 |
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Prosecution failed to prove the theft element of armed robbery; omission of time was non-fatal and referral inconsistency unfounded.
Criminal law – Armed robbery (s.287A Penal Code) – elements: theft, use of weapon at or immediately after theft, directed against person – requirement to prove theft. Evidence – victim unconsciousness and failure to state who took property – insufficiency and variance with charge. Criminal procedure – omission of time in charge sheet not fatal where time not alleged; contradictions regarding referral not material.
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31 August 2023 |
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Appellant's conviction for unlawful possession of government trophies upheld; sentence reduced to twenty years imprisonment.
Wildlife Conservation Act – unlawful possession of government trophy – proof of possession and evidence of seizure (eyewitness, independent witness, chain of custody, valuation). Burden of proof – section 100(3)(a) WCA shifts onus to accused to show lawful possession once prosecution proves possession. Criminal procedure – no fatal variance between charge and evidence where witness testimony consistently locates arrest. Sentencing – reduction to statutory minimum for first offender where imposed sentence found excessive.
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29 August 2023 |
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Court granted 10-day extension to file notice and petition, finding certified-copy delay and incarceration amounted to sufficient cause.
Criminal procedure – Extension of time under section 361(2) CPA – "Good/sufficient cause" – Delay caused by failure to supply certified copies and incarceration – Time obtaining court records excluded from limitation computation (see Gregory Raphael v. Pastory Rwehabula).
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29 August 2023 |
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Applicant granted leave to seek judicial review over alleged unlawful eviction, cattle detention, and denial of fair hearing.
Judicial review — leave to apply for certiorari and mandamus; statutory six‑month limitation; sufficient interest/prima facie case; procedural fairness (right to be heard, notice, compensation); seizure/detention of cattle and alleged unlawful fines.
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28 August 2023 |
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Appeal dismissed; child and medical evidence established penetration and identity, upholding statutory rape conviction.
Criminal law – statutory rape; proof of penetration – medical evidence (PF3) and clinical officer's testimony; child witness evidence – competency under s.127(2) Evidence Act (promise to tell truth); dowry/bride-price dispute not a defence to statutory rape; appellate review of credibility and sufficiency of evidence.
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28 August 2023 |
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An unsigned trial judgment is a nullity, rendering any appeal incompetent and requiring remittal for a properly signed judgment.
Civil procedure – requirement that judgments be signed and dated (Order XX Rule 3 CPC) – unsigned judgment is a nullity – decree cannot be drawn from unsigned judgment – effect on competency of appeal (Order XXXIX Rule 1 CPC) – remedy: striking out appeal, quashing judgment, setting aside decree and remittal to trial tribunal.
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24 August 2023 |
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A time‑barred application for leave to appeal was struck out; withdrawal refused and no order as to costs.
Civil procedure – Application for leave to appeal – Time limit under Rule 45(a) – Computation of time under s.60 Interpretation of Laws Act – Delay unaccounted for renders application incompetent – Incompetent matters are struck out – Withdrawal not permissible – No costs where respondent unserved.
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23 August 2023 |
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The High Court expunged untendered SMS evidence and allowed the appellant’s appeal due to material contradictions undermining the respondent’s case.
Evidence – Primary Courts – documentary evidence must be tendered and connected by oral testimony (Reg. 11(2) Magistrates' Courts (Rules of Evidence in Primary Courts) Regulations). Evidence – admissibility – untendered exhibits to be expunged. Evidence – contradictions – material inconsistencies among witnesses may go to the root and destroy credibility. Appeals – interference with concurrent findings only where misdirection/misapprehension/miscarriage of justice present. Civil procedure – reliefs and discretionary awards when claims or evidence insufficient.
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23 August 2023 |
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18 August 2023 |
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Technical delay in an appeal (misnaming the originating court) can constitute good cause to extend time for filing appeal documents.
Criminal procedure – Extension of time under section 361(2) – Whether technical delay constitutes good cause to extend time for filing notice and petition of appeal. Procedural irregularity – Appeal struck out for misnaming originating court – remedied by extension when promptly applied for.
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18 August 2023 |
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Whether the applicant's guilty plea was unequivocal and established all elements, including unlawfulness, of the cultivation offence.
Criminal procedure — guilty plea — unequivocal plea requirements — need for facts to establish all elements of offence (including unlawfulness under DCEA) — section 192 CPA not required where guilty plea — exhibits not mandatory if plea unequivocal.
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18 August 2023 |
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Appeal allowed: conviction quashed where alleged loss rested on inadmissible oral proof of an audit and there was a fatal variance in ownership of the money.
Criminal law – burden of proof – prosecution must prove guilt beyond reasonable doubt. Evidence – contents of documents – section 61 Evidence Act prohibits proving document contents by oral evidence. Criminal procedure – variance between charge and evidence – requirement to amend charge under section 234 CPA. Conviction and sentence quashed where material defects in prosecution case.
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17 August 2023 |
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16 August 2023 |
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Partial interim injunction granted to prevent disposal of disputed assets pending ownership determination, other prayers refused.
Civil procedure – Interim injunction – Attilio v Mbowe test: triable issues, irreparable harm, balance of convenience; partial injunction granted to restrain disposal/alienation/leasing of disputed assets pending trial; broader restraints on employment actions and unspecified bank withdrawals denied for lack of specificity.
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16 August 2023 |
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16 August 2023 |
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15 August 2023 |
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Court granted extension to appeal for excusable technical delay and prisoner-related impediments.
Criminal Procedure Act s.361(2) — extension of time to appeal; technical delay excusable where earlier appeals were struck out; prisoner’s limited capacity and reliance on prison authorities as relevant factor; notice of intention to appeal — time extended.
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15 August 2023 |
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Sickness (epilepsy) proved by medical certificate constituted good cause to extend time to file appeal documents.
Criminal procedure – extension of time under section 361(2) CPA – "good cause" test – sickness (epilepsy) as acceptable ground – proof by medical certificate – omission of judgment date not necessarily fatal.
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9 August 2023 |
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Appeal allowed: convictions quashed for unreliable visual identification, contradictory evidence and mismatch between charged and proved property.
Criminal law – armed robbery – elements of the offence – necessity for proof of stolen items matching the charge. Evidence – visual identification – conditions for watertight identification; identification parade where suspects unknown. Evidence – confession of co-accused – reliability and requirement of credible independent witnesses. Evidence – authenticity of court record – presumption of regularity.
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7 August 2023 |
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Non-compliance with s.192 CPA and failure to prove trophy valuation vitiated conviction for unlawful possession of a Government trophy.
Criminal procedure — Section 192 CPA — Preliminary hearing — Requirement to read and explain memorandum of agreed facts to accused; non-compliance vitiates preliminary hearing. Evidence — Chain of custody and identification — Gaps in custody and absence of evidence of valuation undermine reliance on trophy valuation certificate. Wildlife law — Unlawful possession of Government trophy — Identification and proven valuation are essential ingredients of the offence. Admissibility — Failure to read admitted document (inventory/disposal) to accused = expunge from record.
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7 August 2023 |
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Plaintiff entitled to administratrix appointment; unchallenged clan nomination and intestacy rules outweigh a caveat alleging prior distribution.
Probate law – letters of administration – entitlement where deceased died intestate – petitioner who is child entitled under intestacy rules may be appointed. Evidence – family/clan meeting minutes – admissibility and weight where unchallenged. Caveat – insufficiency of a caveat based solely on allegation that deceased had distributed assets before death. Administrator’s duty – necessity to file inventory and the limits of appointment-stage determinations under the Probate and Administration of Estates Act (sections 33 and 108).
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4 August 2023 |
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Appeal struck out because the notice of intention to appeal was given to the wrong court contrary to section 361(1)(a) CPA.
Criminal procedure – Notice of intention to appeal – Requirement under section 361(1)(a) CPA that notice be given to the subordinate (trial) court within ten days – Defective notice given to wrong court renders appeal incompetent – Remedy: striking out and advising application for extension of time to give valid notice.
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3 August 2023 |
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Application for leave struck out for reliance on incorrectly cited statutes and inconsistent affidavit dates.
Appellate procedure — leave to appeal — wrong statutory citation/non-existing revision year; supporting affidavit — inconsistent judgment date and potential time-bar under Court of Appeal Rules r45(a); non-citation renders application incompetent; limits of the overriding objective.
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3 August 2023 |
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Extension of time granted to file appeal documents where record is silent on conviction-in-absentia and no prejudice shown.
Criminal procedure – extension of time – section 361(2) CPA – requirements of good cause (cause, length, accounting for delay). Conviction in absentia – record silence on whether accused were informed of conviction raises public-interest and fairness issues. Exercise of discretion – consideration of prejudice to respondent and potential illegality. Orders – extension granted; notices and petitions to be filed within specified days.
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3 August 2023 |
| July 2023 |
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Successor judge’s failure to record reasons for taking over a partly heard case renders ensuing proceedings a nullity.
Civil procedure — Order XVIII, r.10(1) CPC — Successor judge taking over partly heard case must record reasons — Failure to do so renders subsequent proceedings and judgment a nullity — Remedy: quash and remit for retrial.
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31 July 2023 |
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Appellants held to have acquired title by adverse possession; respondent's ownership claim time‑barred and dismissed.
Land law – adverse possession and limitation – elements required for acquiring title by adverse possession – burden of proof in land claims – evaluation of contradictory witness evidence – role of locus in quo inspection and assessors' opinions.
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28 July 2023 |
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Appellant declared owner by adverse possession after uninterrupted cultivation for over thirty years; trial judgment quashed.
Land law – ownership dispute – proof on balance of probabilities – value of long continuous possession and cultivation. Adverse possession – elements: exclusive continuous possession, animus possidendi, statutory period – possession for over twelve years grants title. Evidence – documentary defects and failure to call signing witnesses render instrument inadmissible/afterthought. Appellate review – trial Tribunal erred in evaluation of evidence and departure from assessors' opinion.
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27 July 2023 |
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Failure to tender and link a conciliation certificate under section 101 invalidates the Primary Court's divorce proceedings.
Marriage law – section 101 Law of Marriage Act – requirement of Marriage Conciliation Board certificate before filing divorce petition. Evidence – Magistrates' Courts (Rules of Evidence in Primary Courts) Regulations, 1964, Regulation 11(2) – documentary evidence must be linked with oral testimony to be admissible. Civil procedure – nullification of Primary Court proceedings for failure to prove statutory preconditions to suit.
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26 July 2023 |