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Citation
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Judgment date
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| February 2022 |
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Whether an interlocutory injunction restraining distraint may be granted where tenant claims set-off and damages without proving irreparable harm.
Interlocutory injunctions – irreparable injury – adequacy of damages – set-off for tenant’s damages – distraint for rent – American Cyanamid guidelines as discretionary guidance – equity and clean hands – balance of convenience.
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28 February 2022 |
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Where multiple assailants exist and the fatal blow is unidentifiable, murder conviction may be reduced to manslaughter.
Criminal law – murder v manslaughter; common intention (s.22 Penal Code) – identification evidence; alibi—requirements for police investigation; novus actus interveniens; post-mortem causation.
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23 February 2022 |
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Whether a lawyer who drafted a will is appointed executor by implication and entitled to estate legal fees.
Wills — appointment of executors — express appointment vs executor according to tenor — burden to prove implied appointment; Legal practitioners — duty to obtain client instructions — misconduct for acting and charging without authority (Rules 3(2)(b), 16(3)); Recovery of legal fees — not permitted absent authority under will or instructions.
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22 February 2022 |
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Public encouragement that sports aids recruitment does not create enforceable employment rights without lawful representation and proof.
Legitimate expectation – public encouragement vs legally binding promise; Recruitment – Defence Act s.13, sports as one of several criteria; Club membership distinct from employment; Burden of proof in civil claims – receipts, club rules and evidence required; Verbal agreements enforceable only if proved; Ostensible authority and outsider reliance on public statements.
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17 February 2022 |
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The Court of Appeal lacks jurisdiction to hear Lands Tribunal appeals; such appeals lie to the High Court.
Administrative law – Appeals – Jurisdiction – Appeals from Lands Tribunal – Court of Appeal lacks jurisdiction where Lands Tribunal Act s.16 designates High Court; interplay of Article 131(1) and Court of Appeal Act ss.4 & 22; supremacy of statute interpretation and binding Supreme Court precedent.
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15 February 2022 |
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Appeal dismissed: no evidence showed the beer was contaminated while in the respondent's possession, so no negligence or statutory liability.
Product liability / negligence – duty of care and causation in food contamination claims; evidential importance of chain of custody; Food and Drugs Act strict-liability offences and civil damages; appellate review of alleged speculative findings; standard of proof on balance of probabilities.
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10 February 2022 |
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Appellant failed to prove manufacturer's negligence or statutory liability for contaminated beer; appeal dismissed with costs.
Product liability; negligence and causation; chain of custody/contamination; Food and Drugs Act (strict liability) and proof; appellate review of factual findings; speculation in judgment immaterial.
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10 February 2022 |
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9 February 2022 |
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Council's bad-faith repossession nullified; the appellant’s estate retains title and subsequent purchasers are bona fide for value.
Lands law – repossession of allocated land – validity and good faith of council repossession; requirement of offer letter and payment receipts to prove title; bona fide purchasers for value without notice; section 13 Lands Act inapplicable where repossession alleged to correct erroneous offer; late reliance on register correction provisions (Lands & Deeds Registry Act) impermissible on appeal.
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9 February 2022 |
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Interlocutory misjoinder refusal upheld; ex tempore rulings must state adequate reasons though appellants are necessary parties.
Civil procedure – Misjoinder – Whether directors/shareholders are necessary parties where claim alleges fraudulent misrepresentation and seeks to lift the corporate veil; Ex tempore rulings – requirement to state issues, evidence, applicable law, findings and conclusion.
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9 February 2022 |
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Interlocutory misjoinder application properly refused to preserve parties for trial on alleged fraud and lifting corporate veil.
Civil procedure – Misjoinder/striking out parties – Interlocutory application – adequacy of ex tempore rulings and duty to give reasons; Company law – separate corporate personality and lifting (piercing) the corporate veil – allegations of fraudulent misrepresentation as ground for joinder.
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9 February 2022 |
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An employer may deduct a loss from an employee’s gratuity if the employee was notified and given an opportunity to respond.
Employment law – gratuity – deduction to recover loss – surcharge for delayed examination entries – notice and opportunity to be heard – appellate interference with perverse factual findings – section 45 Employment Act not applicable to gratuity deductions.
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7 February 2022 |
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Appeal dismissed: no duress, respondent not a licensed money lender, and agreed interest/enforcement upheld.
Contract law – duress – requirement of evidence of coercion; Money Lenders Act – definition of money lender requires carrying on business or holding out; enforcement of freely agreed contractual terms on interest; procedural rule barring new grounds on appeal; foreclosure remedy inapplicable where parties transacted outside regulated lending framework.
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7 February 2022 |
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Whether accrued rights under a repealed securities statute survive repeal and confer jurisdiction on the High Court.
Civil procedure — jurisdiction — accrued rights under repealed statute preserved by Interpretation and General Provisions Act — forum for enforcement where cause of action arose pre-repeal — writ vs application as mode of commencement — interlocutory findings and pre-emption of merits.
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4 February 2022 |
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Final Supreme Court judgment barred post‑judgment amendment; attempt to revive claims was res judicata and an abuse of process.
Civil procedure – amendment of originating summons – Order 20/5 RSC – res judicata and abuse of court process – finality of Supreme Court judgment – substitution of deceased litigant.
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4 February 2022 |
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Application to stay execution pending leave to appeal refused; stay of proceedings granted pending determination of leave to appeal.
Civil procedure — Stay of execution — Application pending motion for leave to appeal — Discretionary remedy — Requires good and compelling reasons: irreparable harm, special circumstances, or prevention of nugatory appeal — Declaratory judgment setting aside writ of possession not automatically stayed.
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3 February 2022 |
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Whether an unincorporated NGO can be sued via a representative, and whether interim injunction and joinder orders were proper.
Unincorporated bodies—capacity to sue—representation and joinder; interim injunction—adequacy of damages and balance of convenience where limited local assets risk removal; joinder of Attorney General—Ministry oversight; extraterritorial joinder and service; amendment of pleadings and jurisdictional preliminary issues.
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2 February 2022 |
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A statutory grant of control over a gazetted national monument can constitute a sufficient superior claim to seek summary possession.
Administrative/Property law — National Heritage Conservation Act and Statutory Instrument No. 50/2009 — Effect of gazetting land as national monument — Order 113 summary possession — Right to possession not strictly dependent on certificate of title — Squatting/trespass.
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2 February 2022 |