Results.
18 judgments found.
|
|
|
| December 2025 |
|
|
The claimant’s late-registered lease was void; earlier registered lease prevails and the trespass claim is dismissed.
-
Deeds Registration Act — mandatory registration period; late registration renders instrument void — priority of registration under s.8
-
Trespass — possessory tort; possession ordinarily sufficient but yields to superior registered title. Nemo dat quod non habet — unregistered surrender ineffective; re-grant by minister invalid if prior lease subsists. Res judicata — default judicial review judgment not a merits-based bar; identity of parties and merits required
-
Limitation — bars affirmative claims but does not preclude defendants relying on historical title defensively
-
Relief — interlocutory injunction vacated; court-directed survey to demarcate customary land boundaries
|
30 December 2025 |
|
|
17 December 2025 |
| November 2025 |
|
|
Post-declaration election petitions proceed under Section 101; technical defects in verification are curable and not necessarily fatal.
-
Election law — Procedure — Distinction between Sections 100 and 101 PPLGEA — Post-declaration petitions proceed under Section 101 — Verifying sworn statements and exhibits — Procedural defects curable under CPR, 2017 — Judicial review not mandatory for factual election disputes.
|
7 November 2025 |
| October 2025 |
|
|
A raped minor’s denial of abortion breached reproductive rights; law and guidelines require considering mental-health grounds for termination.
-
Gender Equality Act — right to sexual and reproductive health; Penal Code s243 — preservation of life includes mental health; vicarious liability of employer; duty to impart information; Minister’s duty to provide clear clinical guidance; Human Rights Commission enforcement obligations; access to lawful abortion for minors impregnated by sexual violence.
|
28 October 2025 |
| September 2025 |
|
|
Leave for judicial review dismissed for deficient drafting, but applicant granted liberty to refile with notice to respondent.
-
Judicial review — leave to apply — procedural and drafting deficiencies (typos, wrong citations, unclear arguments) — Order 19 CPR — dismissal with liberty to refile — notice to respondent.
|
22 September 2025 |
| June 2025 |
|
|
Court declared multiple constitutional breaches in a detained child’s treatment and ordered declarations, mandamus, compensation and costs.
-
Constitutional and child-protection law — detention of children — torture and cruel, inhuman or degrading treatment — right to be informed of rights on arrest — prompt notification of parent/guardian — separation from adult offenders — right to nutrition — entitlement to compensation and mandamus relief.
|
19 June 2025 |
|
An unwarned shot by a police officer killed an innocent bystander; the police service held vicariously liable, revenue authority not liable.
-
Police law — use of firearms — duty to give warning, proportionality, and duty to render medical assistance; vicarious liability of police service; revenue authority not vicariously liable; admissibility and limited weight of hearsay in postmortem remarks.
|
19 June 2025 |
| May 2025 |
|
|
Court exercised inherent jurisdiction to release a deteriorating vehicle from custody, imposing conditions to protect the applicant's claim.
-
Civil procedure — Inherent jurisdiction — Release of property in Court custody to prevent deterioration — Interim protective conditions to safeguard parties' substantive rights.
|
28 May 2025 |
|
The respondent's application for leave to appeal was denied because the High Court's review judgment remained inchoate pending assessment of terminal dues.
-
Administrative law — Appeals — Leave required for appeals from High Court judgments given on review under s123(2) of the Constitution and s21 of the Supreme Court of Appeal Act; inchoate judgments pending Registrar’s assessment; Ombudsman jurisdiction — anonymous complaints and locus standi; interpretation of constitutional provisions and binding precedent.
|
22 May 2025 |
|
An expired, unrenewed summons served outside the three‑month period is ineffectual and justified striking out the claim.
-
Civil procedure — validity and service of summons — Order 7 rule 25 (3‑month rule) — Irregularity and cure — Order 2 rules — renewal of summons — strike out — notice of change of legal practitioners not served — interlocutory application falls away.
|
9 May 2025 |
| April 2025 |
|
|
The High Court has no jurisdiction to enlarge the statutory 30‑day appeal period from the Industrial Relations Court.
-
Labour law — Appeals from Industrial Relations Court — Section 65(2) Labour Relations Act — thirty-day statutory appeal period — High Court lacks power to enlarge time — IRC (Procedure) Rules inapplicable in High Court.
|
1 April 2025 |
| March 2025 |
|
|
Oral preliminary objections are procedurally improper; such issues must be raised by formal application supported by affidavit.
-
Civil procedure — preliminary issues — must be raised by formal application supported by affidavit and skeleton arguments — oral preliminary objections improper — viva voce evidence from counsel inappropriate — improperly raised issue struck out with liberty to refile.
|
25 March 2025 |
|
Registrar’s total non-response to information requests on political party funding was unlawful and required written explanation; fee non-payment alone did not justify silence.
-
Access to information — political party funding — duty of Registrar to respond — constitutional right of access (s.37) — Political Parties Act s.36 — subsidiary fees and competence of requests — absence of regulations — judicial review of administrative non-response.
|
12 March 2025 |
|
High Court affirms unfair dismissal but reduces an IRC award, restricting boosting and interest in labour compensation.
-
Employment law — conversion of fixed-term to indefinite contract — unfair dismissal under sections 28 and 57 of the Employment Act; Labour compensation — judicial discretion under section 63(4) — limits on boosting, inflation adjustments and interest in labour awards; Civil procedure — compliance with pleadings and effect of failure to amend.
|
12 March 2025 |
|
Leave for judicial review of a Law Society disciplinary process was discharged as premature; disciplinary self-regulation aligns with procedural-fairness rights.
-
Administrative law — judicial review — permission to commence — prematurity of review before disciplinary hearing; Legal profession — self-regulation and disciplinary jurisdiction; Constitutional law — section 43 right to procedurally fair administrative action; Professional ethics — personal conduct on social media as conduct bringing profession into discredit.
|
11 March 2025 |
| January 2025 |
|
|
The Ombudsman lacked jurisdiction to investigate an anonymous complaint; resulting employment nullifications were set aside and benefits ordered.
-
Ombudsman jurisdiction — section 123(1) Constitution — anonymous complaints — requirement that a person who has suffered injustice lay complaint; judicial review of Ombudsman determinations; nullity of unlawful directives; compliance by public authority; reinstatement and terminal benefits; costs each party.
|
31 January 2025 |
|
Claim dismissed with costs for failure to comply with trial directions and an incompetent adjournment request.
-
Adjournment applications — competence and supporting evidence; failure to comply with trial directions; failure to prosecute; court’s discretion to grant adjournments; dismissal with costs.
|
29 January 2025 |
|
|
12 January 2025 |