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Citation
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Judgment date
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| March 2022 |
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Whether summary dismissal for gross negligence was unfair where disciplinary procedure was followed and evidence supported the decision.
Employment law – unfair/wrongful dismissal; disciplinary procedure and natural justice; substratum of facts required to support summary dismissal; variation of charges; appellate review of factual findings.
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3 March 2022 |
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Appellate court upheld dismissal for gross negligence, finding proper procedure, natural justice and sufficient factual basis.
Employment law – summary dismissal for gross negligence; disciplinary procedure; rules of natural justice; substratum of facts required to support dismissal; appellate restraint on factual findings.
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3 March 2022 |
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Application for extension of time to renew an appeal refused for lack of just and sufficient cause; costs awarded to respondent.
Civil procedure – extension of time – discretion under Court of Appeal Rules (Order 13 Rule 3(1)) – requirement to show just and sufficient cause – counsel’s delay or inadvertence insufficient – costs awarded.
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1 March 2022 |
| 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 |
| January 2022 |
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Section 34 does not bar declaratory proceedings over overlapping titles; injunction to preserve status quo was rightly granted.
Lands and Deeds Registry Act s34 — scope and limits; declaratory relief versus action for possession; interlocutory injunction to preserve status quo; overlapping survey diagrams/misdescription of boundaries; Surveyor General report as relevant evidence.
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31 January 2022 |
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Licence renewal pending keeps licence in force; duplicated bets void under displayed bookmaker rule, one valid ticket payable.
Betting law – licence renewal pending – continued validity of licence and enforceability of contracts; Betting Control Act – s.5 and s.20 – effect on recovery of betting debts; Contract incorporation – conspicuous display and constructive notice of standard terms; Betting rules (Act No.10) – prohibition on duplicated combinations – void bets and refunds; Waiver/estoppel – conduct and past practice insufficient to vary express bookmaker rules.
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28 January 2022 |
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Appeal dismissed: oral contract governed employment status; fraud unproved and post‑termination salary would be unjust enrichment.
Employment law — oral contract of service — determination of employment status; redundancy — entitlement to redundancy and leave pay; unjust enrichment — no salary for period not worked; civil procedure — affidavit evidence and role of trial judge in cross‑examination; pleading and proof of fraud (elevated standard).
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27 January 2022 |
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Res judicata bars relitigation of chieftaincy entitlement; re-installation and presidential recognition were null and void.
Civil procedure — Order 14A RSC — disposal on a point of law; Res judicata/Henderson v Henderson — finality of prior High Court and Supreme Court determinations; customary chieftaincy succession — presidential recognition vs prior judicial determinations; abuse of process/multiplicity of actions.
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26 January 2022 |
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An automatic statutory right of appeal under s22 obviates leave; the leave application was dismissed as misconceived.
Court of Appeal Act s22 – automatic right of appeal; s23 – exceptions to automatic appeal; s25 – notice and memorandum of appeal; leave to appeal unnecessary where automatic right exists; procedure for filing appeal and extension of time.
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25 January 2022 |
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Appellant’s alleged offer letter and documents did not overcome respondents’ Certificates of Title absent strict proof of fraud; appeal dismissed.
Land law – offer letters and equitable interests – Certificate of Title conclusive under Lands and Deeds Registry Act – burden and strict proof of fraud or impropriety to impeach title – Circular No.1/1985 procedure for council land allocations – evidentiary weight of documentary anomalies and absent vendor testimony – entitlement to compensation for improvements by non‑owner.
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21 January 2022 |
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A mortgagee who takes possession must account for rents received and rents it ought to have collected before the debt is fixed.
Mortgagee in possession – duty to account – rents received and rents which ought to have been collected – burden of proof on mortgagee – accounting for sale proceeds – reconciliation by Registrar.
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18 January 2022 |
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Local Court letters of administration issued without jurisdiction are void; sales under them are ultra vires and any party may apply to the High Court.
Succession law – Jurisdiction of Local Court to grant letters of administration – Letters issued beyond statutory monetary limit void – Acts done under void letters (property sales) ultra vires and null – Parties entitled to apply to High Court for proper administration.
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17 January 2022 |
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A mortgagee in possession must account for rents received and those it ought to have collected; burden lies on the mortgagee.
Mortgagee in possession — duty to account for rents received and rents which ought to have been collected — burden of proof on mortgagee — requirement to account for sale proceeds — updated statement and Registrar reconciliation.
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16 January 2022 |