Results.
38 documents found.
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Order to set aside default judgment
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Judgment |
9 April 2026 |
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The claimant’s late-registered lease was void; earlier registered lease prevails and the trespass claim is dismissed.
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Deeds Registration Act — mandatory registration period; late registration renders instrument void — priority of registration under s.8
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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
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Limitation — bars affirmative claims but does not preclude defendants relying on historical title defensively
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Relief — interlocutory injunction vacated; court-directed survey to demarcate customary land boundaries
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Judgment |
30 December 2025 |
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Whether the applicant is entitled to continue an interlocutory injunction despite a one-day late filing and alleged non-disclosure and stamping issues.
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Interlocutory injunctions — Order 10 Rule 27 (CPR 2017) — American Cyanamid principles — serious question to be tried; adequacy of damages; preservation of status quo — CPR Order 2 cure of irregularity — duty of full and frank disclosure for ex parte relief — equity and unclean hands — effect of unstamped agreements where party treats contract as operative.
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Judgment |
21 November 2025 |
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The applicant’s application to set aside a default judgment succeeded due to non-service and an arguable defence.
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Civil procedure — Setting aside default judgment — Non-service of originating process — Delay in bringing application — Prospects of defence — Prejudice — Vacatur of interlocutory injunction.
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Judgment |
20 November 2025 |
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Section 100 petition confined to Commission‑decided complaints; one unsigned result sheet found but did not affect election, petition dismissed.
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Election law — Section 100 appeal limited to matters decided by the Commission; scope of election petitions; irregularity defined as non‑compliance with the Act; presiding officer’s signature mandatory on result sheets; criminal electoral offences (handouts, unlawful campaigning) are for criminal process and require conviction before affecting election outcome; burden of proof on petitioner on balance of probabilities.
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Judgment |
11 November 2025 |
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A raped minor’s denial of abortion breached reproductive rights; law and guidelines require considering mental-health grounds for termination.
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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.
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Judgment |
28 October 2025 |
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An unwarned shot by a police officer killed an innocent bystander; the police service held vicariously liable, revenue authority not liable.
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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.
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Judgment |
19 June 2025 |
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An expired, unrenewed summons served outside the three‑month period is ineffectual and justified striking out the claim.
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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.
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Judgment |
9 May 2025 |
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Court awards K70,000,000 to the applicant for negligent medical treatment causing genital mutilation, including exemplary damages.
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Judgment |
16 March 2025 |
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High Court reversed conviction entered in absentia for felony; ordered trial to continue upon arrest and plea to amended charges.
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Criminal procedure — review — High Court power to call records — Trial in absentia — section 248 CP&EC — felony charges — requirement to issue warrant and bring accused before court — convictions where accused did not plead to amended charge.
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Judgment |
7 March 2025 |
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Leave to appeal and a stay were dismissed as premature and procedurally incompetent because the High Court judgment remained inchoate.
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Civil procedure — inchoate judgment — premature leave to appeal — inchoate judgments not appealable; stay of execution — must first apply to High Court where concurrent jurisdiction exists; SCA jurisdiction invoked after refusal by High Court; procedural competency of applications.
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Judgment |
22 January 2025 |
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High Court set aside magistrate’s judgment for lack of jurisdiction and ordered respondents to repay sums obtained; costs ordered against respondents’ counsel.
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Civil procedure — Jurisdiction of subordinate courts — Cause of action arising in another district — Proceedings and judgments without jurisdiction are null and void — High Court power to set aside subordinate court judgments — Third-party debt/attachment orders — Costs and remedies against counsel.
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Judgment |
21 November 2024 |
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Court continued stay of execution pending appeal, dismissed disclosure application as otiose, and ordered parties to agree arrangements within 28 days.
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Civil procedure — stay of execution pending appeal — discretion guided by interests of justice; disclosure/production of financial documents — otiose and irrelevant where stay already granted; interlocutory directions to agree arrangements.
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Judgment |
30 October 2024 |
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Stay of execution upheld where registry-caused appeal delay and respondent’s concealment of related conviction negated discharge.
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Forfeiture and stay of execution — application to discharge stay for alleged inordinate delay — duty of Registrar/Registry to prepare record of appeal — shortcomings in record not attributable to appellant — concealment of parallel money-laundering conviction involving same seized funds — discretion to refuse relief and award costs.
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Judgment |
19 June 2024 |
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Applications for stay and enlargement of time dismissed as premature and incompetent for lack of jurisdiction; costs awarded to respondent.
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Civil procedure — stay of execution — Applicant must first apply to court below (Order I r.18); stay exceptional and discretionary; Enlargement of time — where order made in chambers leave to appeal required (s.21 SCA Act); Appeals premature before assessment of damages — inchoate judgment; Wrong procedural provision renders application incompetent.
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Judgment |
19 May 2023 |
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Applicant failed to prove individual entitlement to customary land; trial findings upheld and appeal dismissed with costs.
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Land law — Customary land — Communal ownership; chiefs’ power to authorize use under customary law — No individual title. Civil procedure — Burden and standard of proof: balance of probabilities
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Evidence — deference to trial court findings
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Appeals — abuse of process; dismissal with costs
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Judgment |
23 July 2018 |
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Occupier of customary land entitled to compensation for loss of use and destroyed crops following State taking.
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Land law — Customary land vested in the President — Occupier's entitlement to disturbance/compensation — Non-retroactivity of statutes — Assessment of damages for loss of use and destroyed crops.
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Judgment |
20 July 2018 |
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An interlocutory injunction was refused where the defendant’s actions were carried out pursuant to an existing court order.
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Civil procedure — interlocutory injunctions — exceptional remedy; injunctions ordinarily not granted to restrain acts undertaken pursuant to an extant court order; customary land — Section 25 Land Act — sale of customary land may be void ab initio (relevant to triability).
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Judgment |
4 July 2018 |
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Court continued interlocutory injunction pending trial, finding serious triable issues and limitation defence premature.
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Interlocutory injunction — preservation of status quo — American Cyanamid guidelines; Limitation Act — possession, re-entry and forfeiture; Adequacy of damages in land possession disputes; Serious issue to be tried — disputed facts on title and occupation.
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Judgment |
21 May 2018 |
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Plaintiffs' claims for road‑works damage dismissed: negligence not proven and claim against authority statute‑barred.
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Limitation Act — joinder after expiry of limitation period; negligence — duty of care to properties near road works; res ipsa loquitur inapplicable where cause known; pleadings limit issues (waiver must be pleaded).
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Judgment |
23 April 2018 |
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Appeal dismissed: lower court's adverse-possession finding upheld; inheritance statute inapplicable where not pleaded.
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Land law — adverse possession — uninterrupted occupation and use for over 12 years — limitation statute; Civil procedure — evaluation of evidence and credibility; Pleadings — court confined to issues raised; Deceased Estates Act not applicable where inheritance not pleaded.
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Judgment |
30 January 2018 |
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Respondent’s long delay allowed the appellant to acquire permanent usage rights to customary land allocated by the chief.
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Land Law
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Customary Land — Allocation and Right of Use and Occupation — Validity of chief’s allocation under Land Act ss 2, 25 and 26
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Evidence and Delay — Laches/Sitting on Rights — Delay in asserting customary land rights may defeat later claim if land was lawfully allocated and openly developed
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Judgment |
24 October 2017 |
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General Interpretation Act preserves repealed law and subsidiary Rules, so the Rules of the Supreme Court remain operative and the preliminary objection is dismissed.
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Statutory interpretation — Courts (Amendment) Act 2016 — General Interpretation Act (ss.13, 14(1)) — effect of repeal on subsidiary legislation — Rules of Supreme Court remain operative — summary judgment procedure preserved.
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Judgment |
1 July 2017 |
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Interlocutory injunction continued to protect asserted use-and-occupation rights in customary land pending resolution of disputed authority and jurisdiction.
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Customary land — rights to use and occupy (distinct from registered title) — interlocutory injunction — adequacy of damages — balance of convenience — authority of seller and jurisdiction of chief to witness customary land transaction.
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Judgment |
22 May 2017 |
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Appellate court upheld conviction and concurrent sentences based on recent possession and an unreasonable explanation.
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Criminal law — burglary and armed robbery — doctrine of recent possession — possession of stolen property shortly after theft — burden and standard of proof — appellate restraint on sentence interference; concurrent sentences.
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Judgment |
3 April 2017 |
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Court continued interlocutory injunction to preserve land pending trial because damages are inadequate and balance of convenience favoured plaintiff.
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Civil Procedure — Interim Relief — Interlocutory injunction — Preservation of status quo in land disputes — Application of American Cyanamid principles
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Judgment |
12 December 2016 |
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Judgment |
27 October 2016 |
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Judgment |
13 June 2016 |
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Plaintiffs' claim to customary land dismissed for lack of evidence; lease process found not irregular; costs awarded.
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Land Law — Customary Land — Communal use, chiefs’ authority to authorize occupation — Land Act ss 2,25,26
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Civil Procedure — Possession Proceedings — Originating summons under RSC Order 113/Order 5 — Requirement to prove title or right to occupation
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Judgment |
8 February 2016 |
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Court held parties agreed only to grant use of the mining licence, not its transfer; plaintiffs' claim dismissed, counterclaim granted.
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Mines and Minerals — mining licence: 'use' v transfer; contract interpretation — objective approach and surrounding background; agency — licence-holder may use agents (s.43); royalties — contractual obligation and counterclaim; plaintiffs failed to prove breach or loss.
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Judgment |
3 November 2008 |
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Government may excavate for irrigation on customary land; surface rights remain and compensation is payable for damage.
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Land Law — Customary Land — Extent of Rights (Surface Use Only) — Land Act s26
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Property/Development — Infrastructure on Customary Land — Authority To Excavate And Lay Pipes — Duty To Refill And Compensate
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Judgment |
2 December 2007 |
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Delay after an ex parte interim order and genuine disputes over title made mandatory interlocutory relief inappropriate.
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Interlocutory injunctions — ex parte interim relief and subsequent delay — mandatory interlocutory injunctions exercised with caution — balance of convenience — competing title/regularization disputes — adequacy of damages.
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Judgment |
23 August 2004 |
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Customary land rights are constitutionally protected; eviction requires statutory expropriation procedures and compensation; injunction granted.
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Customary land — constitutional protection of property rights — expropriation requires public utility, notice and compensation — Land Act and Land Acquisition Act procedural compliance — Environment Management Act grants locus standi to 'any person' — injunction to prevent environmental degradation
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Judgment |
10 January 2004 |
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Plaintiff in road-traffic accident awarded K160,000 for pain, suffering and loss of amenities; costs awarded.
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Road traffic accident — assessment of damages — medical evidence of bodily injury — pain and suffering and loss of amenities — compensatory principle — award of K160,000 and costs.
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Judgment |
7 November 2002 |
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Plaintiff awarded K150,000 for pain, loss of amenities and reduced earning capacity after a road traffic injury.
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Personal injury — Road traffic accident — Assessment of damages — Pain and suffering and loss of amenities — Loss of earning capacity — Liability established by default judgment — Awards guided by comparable cases and local purchasing power.
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Judgment |
20 March 2002 |
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Assessment of damages after bus-accident: proved special damages awarded; loss of earning capacity and general damages granted, total K846,466.
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Tort — Road accident — Assessment of damages — Proof and particularisation of special damages; distinction between loss of earnings (special) and loss of earning capacity (general); recoverability of cash carried abroad despite Exchange Control regulation; quantum for artificial limb, medical expenses, pain and loss of amenities.
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Judgment |
18 February 2002 |
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Assessment of personal injury damages, hearsay inadmissibility of medical reports, rejection of vehicle claim due to discharge.
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Damages for personal injury — distinction between pecuniary and non-pecuniary losses — assessment by comparison and adjustment for local economic conditions; admissibility of medical reports — hearsay unless doctor called; proof required for special damages; discharge as bar to vehicle claim; interest and exemplary damages not recoverable.
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Judgment |
13 February 1996 |
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High Court reviewed and reduced a Taxing Master’s increased taxation of a solicitor-and-own-client bill, fixing K6,384.20.
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Taxation of costs — Review of Taxing Master’s decision — Solicitor-and-own-client bill — Discretionary awards — Requirement for reasons when varying prior taxation — Admissibility of original bill as a guide.
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Judgment |
1 December 1986 |