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Citation
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Judgment date
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| March 2026 |
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Applicant failed to account for each day of delay; extension of time to seek stay of execution refused.
Labour law — Extension of time — Accounting for each day of delay — Stay of execution pending set‑aside application — Requirement of sufficient cause and diligence — Related/pending applications not automatically excusing delay (authorities cited).
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11 March 2026 |
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Material contradictions and lack of reliable connection to the appellant rendered the conviction unsafe and were quashed.
Criminal law – sexual offences against a child – admissibility of child evidence (voir dire) – Evidence Act s.127 – ECMS electronic authentication as substantial compliance with signature requirement (Criminal Procedure Act s.226) – PF3 medical report admissibility and role as corroboration – proof of age by school admission register – material contradictions and unexplained gaps creating reasonable doubt – identity not established.
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5 March 2026 |
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A compensation claim accrues when the plaintiff knew the material facts; suit filed after one-year limitation was dismissed as time-barred.
Limitation law – cause of action accrual – compensation claims – one-year limitation under section 3(1) and Item 1, Part I Schedule – preliminary objection as pure point of law – pleadings and annexures determine accrual date.
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4 March 2026 |
| February 2026 |
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Temporary injunction granted to protect disputed village land from further destruction pending ownership determination.
Land law — Temporary injunction — Atilio v. Mbowe test: prima facie case, irreparable harm, balance of convenience — Village land/public interest vs private title — Interlocutory relief pending land suit.
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27 February 2026 |
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Denial of the appellant’s right to call a defence witness was a procedural irregularity warranting quashment and remittal.
Criminal procedure — Right to call defence witnesses — Sections 248(1)(a),(b) and 248(4) CPA — Duty to adjourn and secure attendance of absent defence witnesses — Procedural irregularity and failure of justice — Quashment and remittal.
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27 February 2026 |
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Plaintiff exceeded limited leave to amend by introducing substantive changes; Amended Plaint and suit struck out with costs.
Civil procedure – amendment of pleadings – scope of leave – Order VI, Rule 17 CPC – amendments outside leave – irregular pleading – striking out Amended Plaint and suit – costs; Defendants justified in withholding amended defences.
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25 February 2026 |
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An appeal from an interlocutory ruling was struck out: alleged denial of hearing does not overcome the statutory bar under section 84(2).
Civil procedure – interlocutory orders – appealability under section 84(2) Civil Procedure Code – competence of appeal – alleged denial of right to be heard does not automatically render interlocutory order appealable – appeal struck out and file remitted to trial court.
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24 February 2026 |
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Failure to call material witnesses made the sole victim testimony insufficient to prove sexual offences beyond reasonable doubt.
Criminal law – sexual offences – penetration and age – admissibility and sufficiency of medical evidence (PF3) – competence of medical witness; Failure to call material witnesses – adverse inference; Evidence of relatives/step-family – not inherently unreliable but requires scrutiny; Sole witness convictions and corroboration.
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20 February 2026 |
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A claim asserting an interest derived from a deceased person's estate is a probate matter and not cognisable in ordinary civil court.
Probate and administration jurisdiction — Succession disputes — Whether claims asserting entitlement from a deceased person’s estate are cognisable in ordinary civil courts — Family arrangements do not oust probate jurisdiction — Reliance on Dorice Kenneth Rwakatare v Nurdin Abdallah Mushi and Mgeni Seif v Mohamed Yahaya Khalfani.
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19 February 2026 |
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Small-claims court had jurisdiction for contractual recovery; only strictly proved special damages recoverable; statutory interest applies.
Civil procedure – jurisdiction: pleadings determine jurisdiction; Small Claims court competent for contractual recovery arising from land-related background. Contract law – enforceability of oral agreements: where transaction is not a disposition of land, section 68 Land Act inapplicable; section 10 Law of Contract applicable
Damages – special damages must be specifically pleaded and strictly proved; inconsistent testimony limits recoverable amount
Interest – statutory post-judgment interest (7% p.a.) applies absent agreement
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18 February 2026 |
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Court adopts parties' settlement as consent judgment resolving dispute over redemption and transfer of disputed land.
Civil procedure — Consent judgment — Adoption of a filed Memorandum of Settlement under Section 105 and Order XXIII CPC; Land law — Redemption and transfer of disputed land; Settlement enforcement; Default and repossession remedies; Certificate of title discharge by bank.
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18 February 2026 |
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Illness substantiated by medical evidence justified extension of time; alleged illegality was not patent on the record.
Extension of time – Law of Limitation Act s.14(1) – Lyamuya criteria – accounting for whole period, inordinate delay, diligence, patent illegality – illness (malaria) as sufficient cause – juvenile proceedings: social inquiry report and child’s views not shown to be patent illegality.
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18 February 2026 |
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Whether malice aforethought was proved where a single spontaneous stab caused death; manslaughter conviction affirmed.
Criminal law – Murder – Elements: death, unlawful causation, malice aforethought – Malice aforethought must be inferred from circumstances (weapon, force, target, number of blows, conduct before/after) – Sudden fight and improvised weapon may negate malice – Manslaughter as lesser offence where intention to kill not proved – Eyewitness and postmortem corroboration of causation.
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18 February 2026 |
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Accused acquitted where death and unlawful cause were proven but circumstantial evidence failed to implicate the accused.
Criminal law — Murder — Prima facie case — Circumstantial evidence — Need for unbroken chain excluding other reasonable hypotheses — Mere presence at scene insufficient — Post‑mortem showing strangulation.
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17 February 2026 |
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Appeal allowed: Tribunal proceedings quashed for denying parties hearing and unrecorded succession of chairmen.
Civil procedure — Land dispute — Right to be heard — Proceedings against absent parties without proof of service or ex parte order nullify judgment; Succession of presiding officers — Assumption of a partly heard matter by successor requires recorded reasons — failure renders proceedings void ab initio.
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13 February 2026 |
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A successor chairperson must record reasons for taking over a partly heard trial; failure renders subsequent proceedings a nullity.
Civil procedure – Partly heard proceedings – Successor tribunal chairperson must record reasons for taking over – Requirement is jurisdictional – Failure to record reasons renders subsequent proceedings a nullity; prejudice irrelevant to cure jurisdictional defect. Land dispute – evidence and ownership issues raised but not determined on appeal due to jurisdictional ruling
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12 February 2026 |
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Extension granted where delay was technical from parallel proceedings; 34 days deemed reasonable, 14 days to file appeal.
Probate — Extension of time to appeal — Technical delay due to parallel proceedings — Accounting for days of delay — Application of Lyamuya criteria — High Court allowance of extension (14 days).
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11 February 2026 |
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Appeal struck out where decree’s case number differed from judgment; tribunal may correct clerical errors under section 106.
Civil Procedure — Decree must agree with judgment (Order XX r.8(1)) — Discrepancy in case numbers renders appeal incompetent — Clerical or arithmetical mistakes curable under Section 106 — Distinguishing Mantrac — Appropriate remedy: strike out appeal and remit to tribunal for correction.
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10 February 2026 |
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Failure to afford parties a hearing in a suo motu revision vitiated the decision; retrial ordered.
Magistrates' Courts Act s.22(1) - Revisional jurisdiction - suo motu revision on complaint - right to be heard / natural justice - failure to summon parties vitiates proceedings - remittal for retrial.
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4 February 2026 |
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A land tribunal lacks jurisdiction to determine ownership of estate property while probate proceedings remain pending.
Jurisdiction – Probate v. land tribunal – Ownership of property forming part of a deceased’s estate – Pending probate bars land tribunal jurisdiction – Proceedings held nullity.
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3 February 2026 |
| January 2026 |
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Whether a Mareva injunction is appropriate pending a 90‑day notice in a disputed land ownership and farming rights case.
Interim relief — Mareva/interim injunction — land ownership dispute — prima facie/triable issue — irreparable loss (loss of crops/livelihood) — balance of convenience — maintenance of status quo pending 90‑day notice.
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23 January 2026 |
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Whether an urgent status-quo order can be granted against unserved respondents without a formal preliminary objection.
Land procedure – Urgent interim injunction – Maintenance of status quo – Service of process – Duty of urgency and diligence – Competence objections and non-joinder to be raised by formal preliminary objection.
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20 January 2026 |