|
Citation
|
Judgment date
|
| October 2025 |
|
|
Guilty plea found equivocal due to uninvestigated marriage defence; conviction set aside and plea to be retaken.
Criminal law – guilty plea – equivocal or entered under misapprehension; marital status as potential defence to rape; trial court duty to elicit material defences; exceptions to bar on appeals from guilty pleas; conviction set aside and matter remitted for plea to be retaken.
|
1 October 2025 |
| September 2025 |
|
|
Defective service by an unauthorised tribunal staffer vitiated ex parte proceedings; matter remitted for fresh inter partes hearing.
Land procedure – service of summons – Regulation 6 of GN No. 174/2003 and GN No. 363/2017 – competence of process server – staff member/night watchman not authorised – defective service vitiates ex parte proceedings – remittal for fresh inter partes hearing.
|
30 September 2025 |
|
A third party can object to execution despite an appeal; substitution of "declare" for "affirm" is a curable formality.
Oaths and Statutory Declarations Act, s.4 – form of jurat – declaration versus affirmation – formal irregularity not necessarily fatal. Affidavit formalities – jurat and signature present; absence of prejudice/fraud renders defect curable. Execution proceedings – third‑party objection under Order XXI Rules 59–60 and s.48(1)(e) Civil Procedure Code – executing court retains jurisdiction to hear third‑party proprietary claims. Functus officio – pending appeal on substantive judgment does not automatically oust executing court from adjudicating execution/third‑party objections.
|
30 September 2025 |
|
A mixed factual/argumentative counter-affidavit need not be struck out; offending parts may be expunged and verification in representative capacity upheld.
Civil Procedure – Affidavits – Order XIX Rule 3(1)&(2) CPC – affidavits confined to facts; statements of belief must state grounds – mixed factual and argumentative paragraphs to be expunged not necessarily struck out – verification by representative not fatally defective where knowledge or belief is present.
|
30 September 2025 |
|
Marriage certificate accepted; property status unresolved—attachment only on fresh execution with land search and proof of non‑residence.
Civil Procedure – Execution – Protection of matrimonial home – Application of section 54(1)(e) (formerly 48(1)(e)) prohibiting sale of residential house occupied by judgment debtor, wife and dependent children. Evidence – Documentary evidence – Marriage certificate with accompanying affidavit sufficient unless rebutted by cogent evidence. Execution procedure – Duty of executing officers/decree holders to verify attachability; requirement for fresh execution supported by land search and proof of non-residential use. Appellate procedure – Existence of pending appeal before Court of Appeal noted; directions made subject to appeal.
|
30 September 2025 |
|
Delivery of a reserved ruling must proceed despite a party’s death; appointment of an administrator does not suspend delivery.
Civil procedure – delivery of reserved judgment – effect of death of a party – section 34 CPC (timely delivery) – Order XXII Rule 6 CPC (deliver as if party alive) – rejoinder filed after death does not prevent delivery.
|
30 September 2025 |
|
Failure to annex the tribunal’s decree to a DLHT appeal is fatal; appeal struck out despite correct petition form.
Civil procedure – Preliminary objection – pure point of law – competence of appeal. Appellate procedure – Land Disputes Courts Act v Civil Procedure Code – specific statute prevails; CPC applies where lacuna exists. Appeal requirements – petition of appeal from DLHT; necessity to annex decree/order to petition under Order XXXIX Rule 1(1) CPC. Effect of non‑compliance – omission to attach decree is fatal; appeal incompetent and struck out.
|
30 September 2025 |
|
Appeal struck out as time-barred for failure to prove when the corrected decree was availed.
Civil procedure – Limitation and competence – Appeal after striking out – leave to refile within 30 days of obtaining corrected decree – when time begins to run determined by tribunal records. Preliminary objection – point of law – limitation affects jurisdiction. Evidence – tribunal’s official record required to prove date decree was availed; advocate’s office stamp insufficient. Result: appeal struck out as time-barred; costs awarded to respondent.
|
29 September 2025 |
|
A child accused tried in an ordinary court: proceedings nullified and conviction quashed for lack of juvenile jurisdiction.
Law of the Child Act – age determination – medical certificate under s.114(3) as sufficient evidence; juvenile jurisdiction – s.98(1)(a) exclusive; proceedings in ordinary court against a child are nullity; quashing of conviction and sentence; discretionary refusal to remit for retrial where custody time and interests of justice warrant release.
|
29 September 2025 |
|
Illegality apparent on the record justified a 21‑day extension despite the appellants' unexplained delay.
Civil procedure – extension of time – applicant must account for each day of delay or demonstrate illegality apparent on the face of the record; Illegality/ procedural irregularity – denial of right to be heard and ineffective service may justify extension; Substituted service by publication – effect and limits; Jurisdiction – dispute over registered land raises jurisdictional point but must be raised appropriately in proper proceedings.
|
26 September 2025 |
|
Question-and-answer recording in labour arbitration does not vitiate proceedings absent demonstrated prejudice.
Labour arbitration — recording of witness evidence — Rule 19(1) Labour Institutions Rules — question-and-answer or reported speech format does not vitiate proceedings absent demonstrated prejudice — fairness and opportunity to be heard paramount.
|
25 September 2025 |
|
An equivocal guilty plea that fails to admit essential elements (victim's age) renders the conviction unsafe and is quashed.
* Criminal procedure – guilty plea – requirement that plea be unequivocal, voluntary and informed – exceptions permitting appellate interference where plea ambiguous, mistaken, or facts admitted do not disclose offence. Statutory rape – age of victim is an essential element that must be admitted or proved. Trial court duty – ensure accused admits all ingredients of offence before convicting on plea. |
25 September 2025 |
|
|
25 September 2025 |
|
Whether a brief meeting satisfied statutory consultation requirements for fair retrenchment under section 38 ELRA.
Labour law – Retrenchment – Section 38 ELRA – Meaningful consultation; burden of proof on employer but applicant must particularise breaches; procedural compliance; limitation; Rule 43(1) representation formalities.
|
23 September 2025 |
|
|
18 September 2025 |
|
|
18 September 2025 |
|
The plaintiff's fresh suit was dismissed as barred by res judicata because a prior suit on the same mortgage and guarantee had been finally dismissed.
Civil Procedure – Res judicata (s.9 Civil Procedure Code) – requirements: same matter, same parties or privies, same title, heard and finally decided – applicability where prior suit dismissed for want of prosecution and appeal pending. Property law – mortgage and guarantee – validity of security agreements and challenge in successive suits. Procedural law – dismissal for want of prosecution constitutes a final decision precluding fresh suit on same cause of action.
|
17 September 2025 |
|
|
12 September 2025 |
|
|
11 September 2025 |
|
|
8 September 2025 |
|
A conviction based on an imperfect or equivocal plea of guilty is invalid and cannot lawfully sustain a sentence.
Criminal procedure – Plea of guilty – Requirements for an unequivocal plea – Consequences of an imperfect or equivocal plea – Procedural irregularities in plea-taking and admission of evidence – Setting aside conviction and sentence on appeal.
|
4 September 2025 |
|
|
2 September 2025 |
|
|
2 September 2025 |
|
A trial and appellate court's failure to adhere to appellate directions and to ensure parties' right to be heard renders proceedings void.
Matrimonial proceedings – appellate jurisdiction – adherence to appellate directives – right to be heard – raising and determining issues suo motu – nullity of proceedings for procedural irregularity – scope of rehearing limited by superior court order.
|
1 September 2025 |
|
A suit was struck out for failure to adequately describe the disputed property as required under civil procedure rules.
Civil procedure – preliminary objection – land suits – sufficiency of property description – mandatory pre-suit government notice – Order VII, Rule 3 Civil Procedure Code – Government Proceedings Act section 6(2) – striking out for procedural defects
|
1 September 2025 |
| August 2025 |
|
|
Grant of letters of administration where statutory requirements and unanimous nomination by heirs were satisfied without objection.
Probate and administration – Letters of administration – intestate succession – statutory compliance – publication of citation – nomination by heirs – absence of caveat – appointment of administratrix.
|
29 August 2025 |
|
Court appointed the petitioner as administrator of the deceased's estate following full compliance with probate procedural requirements.
Probate and administration – application for letters of administration – compliance with citation and consent procedures – withdrawal of caveats – appointment of administrator – duties of administrator regarding inventory and accounts.
|
29 August 2025 |
|
|
22 August 2025 |
|
|
22 August 2025 |
|
|
22 August 2025 |
|
|
21 August 2025 |
|
|
21 August 2025 |
|
Failure to comply with procedural safeguards after closing the prosecution's case fatally vitiates all subsequent proceedings.
Criminal procedure – requirement for trial court to make ruling on prima facie case and inform accused of rights after prosecution closes its case – non-compliance – fatal irregularity vitiates subsequent proceedings – nullification and remittal for retrial.
|
19 August 2025 |
|
|
18 August 2025 |
|
|
18 August 2025 |
|
|
18 August 2025 |
|
Application for extension of time to challenge a consent judgment dismissed for failure to account for delay or show manifest illegality.
Civil Procedure – Extension of time – Sufficient cause – Requirement to account for delay – Illegality as ground for extension – Threshold for illegality on face of record – Consent judgment and duress allegations.
|
18 August 2025 |
|
|
15 August 2025 |
|
|
15 August 2025 |
|
A claim for recovery of land failed where the plaintiff could not establish ownership against decades-long adverse school occupation.
Land Law – Ownership – Burden of proof – Customary inheritance and locus standi – Documentary evidence – Donation of land for public use – Title by prescription – Admissibility of hearsay.
|
13 August 2025 |
|
|
11 August 2025 |
|
|
11 August 2025 |
|
|
5 August 2025 |
|
Court orders Plaintiff to appear for cross-examination due to insufficient responses to key interrogatories.
Civil Procedure – Interrogatories – Adequacy of responses – Court's discretion to order further examination.
|
4 August 2025 |
| July 2025 |
|
|
|
31 July 2025 |
|
|
31 July 2025 |
|
|
31 July 2025 |
|
|
31 July 2025 |
|
|
31 July 2025 |
|
Applicant granted time extension for appeal due to illness and alleged judicial irregularities in original case.
Extension of time – Illness as ground – Alleged judicial irregularities and res judicata – Sufficient cause determination for appeal extension.
|
30 July 2025 |