|
Citation
|
Judgment date
|
| June 2025 |
|
|
|
6 June 2025 |
|
|
5 June 2025 |
|
|
4 June 2025 |
|
Reassignment recorded properly; respondent proved breach of oral contract; general damages award upheld.
Civil procedure – Succession of magistrates – Order XVIII Rule 10(1) – successor may proceed where predecessor unable to conclude trial; reasons for reassignment must be on record; no prejudice required. Evidence – Burden and standard – civil cases decided on balance of probabilities; corroboration by witness and bank statement; failure to cross-examine accepts testimony. Damages – General damages – discretionary award must be supported by reasons; appellate interference only if award arbitrary, excessive, or based on no evidence.
|
4 June 2025 |
|
|
2 June 2025 |
|
|
2 June 2025 |
| May 2025 |
|
|
Insufficient description of unsurveyed land is a fatal pleading defect; DLHT proceedings and judgment quashed.
Land — Pleadings — Description of immovable property — Regulation 3(2)(b) GN No. 174/2003; Order VII Rule 3, Cap. 33 — Insufficient description of unsurveyed land is fatal — Failure to disclose cause of action — Remedy: amend or reject plea — Revisional powers under s.43(1)(b) Cap. 216 to quash proceedings.
|
30 May 2025 |
|
|
27 May 2025 |
|
Reference allowed: taxing officer erred under Order 48 by awarding taxation costs after disallowing over one-sixth.
Advocates Remuneration Order, GN No. 263 of 2015 – Order 48 (one-sixth rule) – failure to exclude instruction fee under proviso bars award of taxation costs when more than one-sixth is disallowed; Order 55(3) – fees for attending taxation must be placed at end of Bill and may be left blank for Taxing Officer; Order 64 – advocates from same firm treated as same advocate for drawing bill; High Court intervention in taxation decisions limited to errors of law or misapplication of principles.
|
27 May 2025 |
|
Primary Court’s refusal to admit electronic evidence and proceeding to judgment breached the appellant’s right to be heard; proceedings quashed.
Primary Courts – Evidence – admissibility of electronic evidence – Primary Courts apply GN No.22/1964 and lack mechanisms to admit electronic evidence; procedural irregularity and breach of right to be heard where court declines such evidence but proceeds to judgment; correct remedy is to strike out or halt proceedings and advise action before competent court; appellate court cannot uphold tainted proceedings.
|
27 May 2025 |
|
Proceedings quashed because the suit failed to provide a sufficient, specific description of the disputed land.
Land law; description of suit land—pleadings must give clear, specific identification of immovable property (Reg 3(2)(b), Order VII r.3); acquisition provisions of Cap 288 apply to formal land acquisition, not allocation/trespass; Government Proceedings Act amendments apply to suits against the Government and are not retrospective; failure to describe land is fatal and renders proceedings a nullity.
|
26 May 2025 |
|
Court quashed dismissal and ex parte judgment where advocate's illness constituted sufficient cause and tribunal misdirected itself.
Land disputes – setting aside dismissal order and ex parte judgment – good cause: advocate's illness – representation of corporate parties – application of GN No. 174/2003 (Regulations) vs Order XXVIII CPC – preliminary objection on filing fees not a pure point of law.
|
23 May 2025 |
|
|
23 May 2025 |
|
Prisoners' confinement and delayed access to court records can justify a limited extension of time to lodge an appeal.
Criminal procedure – extension of time to file notice of intention to appeal – Section 359 & 361 Criminal Procedure Act – good cause – prisoner confinement and delayed access to judgment – ignorance of law ordinarily insufficient but contextual difficulties may justify extension.
|
23 May 2025 |
|
|
20 May 2025 |
|
|
16 May 2025 |
|
|
16 May 2025 |
|
|
16 May 2025 |
|
Court granted probate and appointed the petitioner executor after required will verification and publication obligations were met.
Probate law – Grant of probate – Compliance with section 55 Cap. 352 and Probate Rules (Rule 34). Testamentary formalities – Sworn witness verification satisfying section 57(2). Public notice – Citation published in Official Gazette and newspapers; lapse of 14‑day caveat period (Rule 76). Executors – Appointment of nominated executor; obligation to file inventory and final accounts.
|
15 May 2025 |
|
|
12 May 2025 |
|
|
9 May 2025 |
|
|
9 May 2025 |
|
|
9 May 2025 |
|
|
9 May 2025 |
|
|
8 May 2025 |
|
Suit struck out as prematurely filed after objection dismissed for want of prosecution; res judicata objection requires factual inquiry.
Civil procedure – preliminary objection – res judicata – whether objection constitutes pure point of law; Order XXI Rules 57–62 CPC – objections to attachment – duty to restore dismissed objection before filing fresh suit; premature institution of suit and abuse of court process; overriding objective cannot cure fundamental procedural defects.
|
6 May 2025 |
|
|
6 May 2025 |
|
|
2 May 2025 |
| April 2025 |
|
|
|
30 April 2025 |
|
|
30 April 2025 |
|
|
30 April 2025 |
|
|
30 April 2025 |
|
|
30 April 2025 |
|
|
30 April 2025 |
|
|
29 April 2025 |
|
|
29 April 2025 |
|
|
29 April 2025 |
|
|
29 April 2025 |
|
|
29 April 2025 |
|
|
17 April 2025 |
|
|
4 April 2025 |
|
|
3 April 2025 |
| March 2025 |
|
|
|
28 March 2025 |
|
|
28 March 2025 |
|
|
27 March 2025 |
|
|
26 March 2025 |
|
Failure to describe immovable property in the plaint nullifies proceedings for lack of cause of action.
Land law – Pleadings – Requirement under Order VII Rule 3 to describe immovable property sufficiently; failure to describe land – legal defect amounting to failure to disclose cause of action under Order VII Rule 11 – proceedings vitiated and judgment quashed; locus in quo and joinder issues raised but unnecessary where plaint is fatally defective.
|
25 March 2025 |
|
|
25 March 2025 |
|
Applicant failed to account for each day of delay; extension of time to file revision dismissed.
Extension of time – good and sufficient cause – necessity to account for each day of delay – technical/e‑filing delay requires evidence – discretionary exercise of court’s powers – dismissal for failure to account.
|
25 March 2025 |
|
|
25 March 2025 |