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Title
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Date
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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
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
Evidence – deference to trial court findings
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.
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.
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.
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.
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.
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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A GVH allocation and open development confer permanent usage rights where the owner delays asserting rights.
Customary land – communal ownership – chiefs’ authority to authorize use and occupation – allocation by Group Village Headman – laches/sitting on rights – permanent rights of usage and occupation
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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.
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.
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.
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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Interlocutory injunction continued to preserve status quo in a customary land dispute where damages are inadequate.
Land law - interlocutory injunction; serious issue to be tried; inadequacy of damages for land; balance of convenience; preservation of status quo in customary land disputes
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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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Applicants failed to prove customary entitlement; court found land belonged to respondent and dismissed claim with costs.
Customary land – communal tenure; burden of proof on claimant; RSC Order 113 possession proceedings; Land Act (ss.25,26,30,40) – chiefs’ role and consultation in lease processing; evidentiary weight of chiefs’ agreement and administrative endorsements
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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.
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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Customary land grants surface use only; government/developer may dig for irrigation but must restore land and compensate for damages.
Customary land — surface user rights only; Ministerial control of sub-soil and minerals (Land Act s.26) — Government/developer permitted to dig and lay irrigation pipes but must refill and compensate for destroyed crops/trees — No right to draw water from project canals — Procedural directions to list objectors, map customary lands and hold joint rights-explanation meeting
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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.
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.
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.
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.
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.
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.
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.
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 |