Results.
5,386 judgments found.
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| December 2023 |
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Court awarded two months’ pay per year plus statutory severance, included certain fringe benefits, and ordered refunds and a 10% devaluation boost.
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Employment law — unfair dismissal — assessment of compensation — application of s.63(4) and (5) Employment Act — duration of service as primary factor; wages definition — inclusion of fringe benefits (airtime, milk, sugar, fuel, housing) and exclusion of employer pension/medical contributions for severance; mitigation of loss not applied as statutory requirement; failure to lead evidence precludes assessment of salary arrears.
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4 December 2023 |
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Prosecution failed to prove theft or gross negligence where employer’s lax banking practices created reasonable doubt.
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Criminal law — Theft by public servant (s283) — presumption of theft and burden to rebut; Negligence by public servant (s284) — requires high degree of gross negligence or recklessness; employer lax banking procedures and corroborated explanation created reasonable doubt.
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1 December 2023 |
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Regulator acted ultra vires by treating subscription-management provider as a tariff-setting broadcaster; committee hearing was procedurally fair.
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Communications law — Tariff regulation (s.74(1)) — Distinction between subscription broadcasting and subscription management services — Scope of licence — Ultra vires review — Delegation to committees (s.15) — Procedural fairness of regulatory enforcement hearing.
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1 December 2023 |
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The applicants’ non-consultation before redundancy violated fair labour practices; the SCA precedent was held per incuriam.
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Labour law — Retrenchment/redundancy — Requirement to consult employees — Fair labour practices (Constitution s31) — Employment Act s57 and s61(2) — ILO Convention 158 (arts 13–14) — Per incuriam decision (Mkaka One) — Remedy: compensation assessment.
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1 December 2023 |
| November 2023 |
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Security for costs ordered where non-resident, impecunious claimant pursued uncertain and potentially vexatious claims.
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Civil procedure — security for costs — claimant resident outside jurisdiction and impecunious — uncertain, inconsistent and potentially vexatious pleadings — lack of documentary proof of fund transfers — order for security for costs.
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29 November 2023 |
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An agreed consent order is binding; a party cannot later assess interest contrary to that order.
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Civil procedure — Agreed/consent order — Binding effect of Agreed Order endorsed by court — Assessment of interest — Res judicata — Variation of consent order requires fresh action — Late payment interest claims.
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29 November 2023 |
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Court dismissed application to set aside stay of execution, distinguishing appellate ‘inchoate’ doctrine from enforcement procedure.
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Civil procedure — Summary judgment on liquidated sum — Inchoate judgments and finality — Apex Court jurisprudence on appeals vs enforcement — Order 23 r 6(1) effect of judgment — Order 28 r 11 enforcement order and costs — Stay of execution pending assessment of interest and appeal.
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23 November 2023 |
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20 November 2023 |
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Court upheld eight-year custodial sentence for arson, finding it not manifestly excessive despite appellants being first offenders.
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Criminal law — Arson — Sentence — Whether sentence manifestly excessive — Aggravating factors: mob justice, planning/premeditation, total destruction of property — First offender status insufficient to warrant reduction — Offer to rebuild not a substantial mitigating factor.
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20 November 2023 |
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Interlocutory injunction vacated due to suppression of material facts and absence of arguable tenancy right.
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Interlocutory injunction — ex parte applications — duty of full and frank disclosure — suppression/misrepresentation of material facts — requirement of a serious question to be tried — tenancy evidence and allocation of statutory corporation housing — costs.
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17 November 2023 |
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Claimant had no contractual right of first refusal; council sale lawful; action dismissed and claimant ordered to vacate and pay arrears.
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Local government property disposals — right of first refusal requires contractual or legal instrument; legitimate expectation requires judicial review procedure; failure to advertise does not automatically invalidate council disposals; specific council housing policy governs eligibility.
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14 November 2023 |
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Disciplinary minutes not obligatory; dismissal for supervisory neglect upheld; deduction of terminal benefits to recover shortages held unlawful.
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Employment law — disciplinary procedure and natural justice — no legal requirement to record/tender disciplinary minutes; Appeals from IRC limited to questions of law or jurisdiction (Labour Relations Act s65); supervisory negligence may justify dismissal; Employment Act (ss52,56) restricts deductions from wages and prohibits offsetting unexplained stock shortages against terminal benefits.
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14 November 2023 |
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Application for summary disposal dismissed because disputed factual issues (including document authenticity and grounds for dismissal) require a full trial.
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Industrial relations — Summary disposal on point of law — Procedure permissible only where no disputed facts — Disciplinary proceedings and alleged unfair dismissal — Authenticity of documents and compliance with Employment Act s57 — Matter ordered to substantive hearing.
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14 November 2023 |
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Application dismissed for failing Order I, rule 18 and for inordinate delay; costs awarded against the applicants.
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Procedure — Order I, rule 18 SCA Rules — concurrent jurisdiction — same application must be first made to court below; delay and introduction of post‑order facts bar relief. Civil procedure — stay of execution/payment into court — discretionary, requires good grounds (risk of dissipation, non‑recovery). Labour law — section 72 LRA limits IRC’s power to award costs but does not preclude High Court/SCA awarding costs on appeals
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Costs — appellate courts have discretion to award costs in labour appeals
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10 November 2023 |
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Delay and applicants’ failure to mitigate justified refusal of extension, dismissal of judicial review permission, and refusal of stay.
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Judicial review — permission to apply — extension of time — unjustified 16‑month delay and failure to mitigate — forum misstated; matters better determined at trial — refusal of interlocutory stay of criminal proceedings.
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10 November 2023 |
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Applicants’ 16‑month delay and failure to mitigate precluded extension; issues suited to trial court, so judicial review application dismissed.
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Judicial review — permission to apply; extension of time — 3‑month rule; interlocutory stay of criminal proceedings; delay attributable to applicant/counsel; appropriateness of judicial review versus trial court remedy.
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10 November 2023 |
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Applicant failed to show a real risk of injustice required to stay civil proceedings pending related criminal proceedings.
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Civil procedure — Stay of civil proceedings pending criminal proceedings — Applicant must demonstrate a real risk of injustice, not merely allege prejudice — Burden of persuasion remains with the applicant — Alleged inability to cross-examine a witness insufficient without showing real risk of injustice.
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3 November 2023 |
| October 2023 |
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31 October 2023 |
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Whether a trust can be incorporated without statutory compliance and who may properly represent the corporate claimant.
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Trustees incorporation — compliance with Trustees Incorporation Act and Trustees Incorporation Rules; requirement to examine Form A, constitutions, fees and verified signatures — Wednesbury unreasonableness — quashing order (certiorari) — nullity of forged certificate — locus standi and proper corporate representation.
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27 October 2023 |
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Court refused oral amendment to cure a jurisdictional omission, dismissed the amendment application and awarded costs to the respondents.
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Civil procedure — Interlocutory applications — Oral applications permitted under Order 10 rule 2(2) — Amendment of applications — Jurisdictional provision (section 23 Courts Act) omitted — Court will not permit amendment that effectively overturns prior ruling — Costs awarded — Leave to appeal refused.
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27 October 2023 |
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Mandatory injunction suspended pending criminal proceedings; contempt not established absent willful disobedience; FIA-good faith protection considered.
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Contempt of court — willfulness requirement; freezing orders — verbal versus written and due process; priority of criminal proceedings; Financial Crimes Act s.26 immunity for good-faith compliance.
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26 October 2023 |
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Court refused dismissal for want of prosecution and ordered defendant’s lawyers to pay the applicant’s costs personally.
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Civil procedure — dismissal for want of prosecution (Order 12 r54) — burden of proof — admissible court file evidence — scheduling conference documents — costs — personal liability of legal practitioners.
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24 October 2023 |
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Application for leave to seek judicial review dismissed for inordinate delay and lack of arguable legal interest.
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Judicial review — leave to apply — extension of time — inordinate delay — locus standi/legal interest — alternative remedies under Financial Services Act — procedural fairness and merits of administrative decision.
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23 October 2023 |
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Security-for-costs order in a labour appeal set aside because section 72 bars costs and such security would be futile.
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Labour law — costs — section 72 Labour Relations Act proscribing costs in Industrial Relations Court and on appeal — security for costs — Supreme Court discretion under section 22 of the Supreme Court of Appeal Act and Rules — ex parte security-for-costs order set aside as futile.
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23 October 2023 |
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Bail pending appeal denied—no exceptional circumstances and court declined to resolve appeal merits at bail stage.
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Criminal law — Bail pending appeal — s24(1) Supreme Court of Appeal Act — discretionary power; exceptional circumstances required — appellate court should not decide merits at bail stage — defilement conviction; sufficiency and consistency of trial evidence.
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19 October 2023 |
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Wrong procedural regime and incurable procedural irregularities led to dismissal of the plaintiff’s action; leave to appeal granted.
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Civil procedure — transitional application of rules — 2017 Civil Procedure Rules do not apply to actions commenced before 3 October 2017; Rules of the Supreme Court govern. Procedural irregularity — incurable hybrid use of rules, failure to follow mandatory mediation, improper addition of party — grounds for dismissal. Application to dismiss for want of prosecution must be brought under applicable rules
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18 October 2023 |
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Accused discharged under section 247(1) after 15-year prosecutorial dormancy and State's unwillingness to proceed.
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Criminal procedure — Prosecutorial delay — Discharge under section 247(1) of the Criminal Procedure and Evidence Code — Discontinuance under section 77(1) limited to DPP — Section 286 remedies for delay — Right to fair trial within a reasonable time.
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18 October 2023 |
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A preliminary objection was sustained and the claimant ordered to bring contempt proceedings over an alleged breach of a freezing order.
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Commercial law — freezing injunction — preliminary objection — full and frank disclosure — real risk of dissipation — arbitration clause — alleged breach of freezing order — contempt proceedings.
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13 October 2023 |
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Court sustained preliminary objection and directed claimant to bring contempt proceedings over alleged encashment of bank guarantee.
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Commercial law — freezing injunction — bank guarantees — preliminary objection — full and frank disclosure — risk of dissipation — alleged contempt for cashing guarantee — arbitration clause.
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13 October 2023 |
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Bail granted where State failed to prove flight risk or danger to applicant's life, subject to conditions.
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4 October 2023 |
| September 2023 |
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30 September 2023 |
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Violent, wilful disobedience of court orders warranted reinstated committal, fine, and police-enforced demolition.
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Contempt of court — wilful disobedience of injunctions — violent public obstruction — reinstatement of suspended committal and fine — police-assisted enforcement and demolition — payment of costs
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29 September 2023 |
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Bank validly charged and sold mortgaged property; penalty/default interest unlawful and to be assessed and refunded.
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Registered Land Act s60(2), s71 — statutory demand and mortgagee’s duty when exercising power of sale; Validity of charge despite typographical title error; Loans Recovery Act s3 — challenge to excessive interest; Contractual penalty/default interest held unlawful where compound interest sufficed; Bona fide purchaser and absence of fiduciary disqualification; Accounting disputes over loan debits and advance fees.
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27 September 2023 |
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Dismissal unfair where employer failed to prove misconduct and denied procedural fairness.
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Employment law — unfair dismissal — substantive fairness (insufficient and ambiguous evidence of misconduct) — procedural fairness (failure to disclose evidence, lack of particularity of charges, inability to cross-examine accuser, potential bias of panellist) — burden on employer under s.61 Employment Act.
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25 September 2023 |
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The accused sentenced to five years for manslaughter balancing mitigating factors against the gravity of loss of life.
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Criminal law — manslaughter — sentencing principles; mitigation: first offender, guilty plea, cooperation, time in custody; aggravation: loss of life, failure to render assistance, mature age; intruder/attempted sexual assault; proportionality of sentence.
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23 September 2023 |
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Court pierced corporate veil and dismissed interpleader, authorizing sale to satisfy the execution debt.
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Enforcement of judgment — seizure and sale — interpleader application — piercing the corporate veil where company interposed to evade liabilities — abuse of process — Prest v Petrodel.
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22 September 2023 |
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Court upheld conviction on an unequivocal guilty plea and affirmed a 14-year sentence for defilement despite appellant's challenge.
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Criminal law — Defilement — Plea of guilty — Section 251 CPE — Requirement that accused understands nature and consequences — Interpretation of plea — Appeals confined to record — Sentencing: 14-year starting point for defilement, mitigation vs aggravation.
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20 September 2023 |
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Claimant failed to prove Defendant owned the land sought for enforcement; alleged forged sale document referred for police investigation.
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Enforcement of consent judgment — application for possession/charging order — burden of proof on claimant to show ownership — conflicting sale agreements and contested signatures — alleged forged document — referral to police for investigation — costs: each party bears own costs.
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15 September 2023 |
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Claimant failed to prove the defendant owned the land; competing forged documents prompted police referral.
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Enforcement of judgment — possession of land — burden of proof on applicant — competing sale agreements — alleged forgery and perverting the course of justice — referral for criminal investigation — costs: each party to bear own costs.
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15 September 2023 |
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Default judgment set aside because summons was not personally served and substituted service was not authorised.
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Civil procedure — set-aside of default judgment — requirement of personal service of summons — substituted service permissible only by court order — failure to show valid service justifies setting aside default judgment.
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4 September 2023 |
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The High Court dismissed the applicant’s customary-land claim as prematurely filed because statutory land tribunals, not the High Court, are the proper forum.
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Customary land — Part VII Customary Land Act 2016 — jurisdictional forum for customary land disputes — requirement to establish customary land tribunals by legal instrument — effect of executive delay on access to justice — High Court restraint from usurping statutory forum.
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1 September 2023 |
| August 2023 |
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Applications for interlocutory injunction and declaratory orders dismissed for procedural non-compliance and absence of a commenced proceeding.
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Civil procedure — Interlocutory injunctions — Order 10 r8: mandatory pre-proceeding requirements; Declaratory relief — Order 19 r27: requires existing proceeding; Service outside jurisdiction — Order 8 r30; Service by email — Order 8 r8; Legal capacity and locus standi to sue; Curability of defects in sworn statements.
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31 August 2023 |
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Whether default judgment and order for allocation of alternative land are proper despite defective process and Government's failure to defend.
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Default judgment against Government; valid service on Attorney General; procedural irregularities not fatal; court can order allocation of alternative land; public interest in protecting educational facilities; compensation governed by Lands Acquisition and Compensation Act.
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30 August 2023 |
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Court allowed a limited grant and held a single adult beneficiary applicant may be administrator; criticized improper affidavits and counsel supervision.
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Probate—Jurisdiction under DEWIPA—High Court competence for estates above K1,000,000; Letters of administration—single administrator permissible where beneficiaries are adult; Evidence—affidavits must be signed by deponents; Professional conduct—counsel’s supervisory duties and effect of improper commissioning of affidavits.
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25 August 2023 |
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Magistrate erred by refusing jurisdiction without reasons; remedies for pre‑charge detention lie in habeas corpus/High Court, not necessarily bail.
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Administrative law; duty to give reasons for judicial/administrative decisions — Criminal procedure; jurisdiction of magistrate courts vs High Court divisions — Habeas corpus and remedies for pre‑charge detention — Bail applications where no charge has been laid.
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24 August 2023 |
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Applicants failed to show an arguable constitutional challenge to ACB prosecutions absent DPP consent; leave for judicial review denied.
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Constitutional law — prosecutorial powers — Corrupt Practices (Amendment) Act 2022 — repeal of consent requirement — Director of Public Prosecutions’ supervisory powers (s99 Constitution; ss76,79 CP&EC) — judicial review leave requirements (standing, timeliness, alternative remedy, arguable case) — challenge to statute should name Attorney General.
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24 August 2023 |
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High Court may refer apparent perjury arising in civil proceedings to a Resident Magistrate; petitioner’s credibility doubted.
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Procedure and criminal referrals in civil proceedings — High Court jurisdiction under s108 Constitution and s12 Courts Act — CPR powers to re-open after trial but before judgment — Appearance of perjury on balance of probabilities — Credibility and weight of evidence — Referral to Resident Magistrate under Penal Code s101.
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18 August 2023 |
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18 August 2023 |
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Statutory compensation under s.63, not common‑law damages, governs unfair dismissal awards; upward departures require clear, justifiable reasons.
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Employment Act s.63 — statutory compensation for unfair dismissal; distinction from common‑law damages; s.63(5) minima based on remuneration and years of service up to dismissal; s.63(4) just and equitable uplift—must be justified; improper use of immediate/future loss heads; review powers under r.5A(2).
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17 August 2023 |
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Whether reporting missing funds amounted to false imprisonment or malicious prosecution of the applicant.
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Tort — False imprisonment: liability where defendant laid a charge versus mere reporting to police; Malicious prosecution: elements — initiation, lack of reasonable/probable cause, malice, favourable termination; Defamation: need to prove specific defamatory words and publication; Legal costs reimbursement requires documentary evidence; Costs award — partial costs granted to successful head of claim.
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9 August 2023 |