Results.
72 judgments found.
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| July 2017 |
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Charge of aggravated robbery reduced to robbery where violence proven but no weapon established; accused convicted.
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Criminal law — Aggravated robbery vs robbery — requirement of offensive weapon; reduction to lesser offence under s181(2) Criminal Procedure Code; identification by single witness — quality and Turnbull guidance; common design/joint liability (s21(1) Penal Code); evidentiary weight of non-recovery of stolen property.
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14 July 2017 |
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High Court lacked jurisdiction to sentence a juvenile; case remitted to Juvenile Court and mandatory adult sentence inapplicable.
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Juvenile law; jurisdiction of High Court; Juveniles Act ss.2 and 64(1); applicability of Narcotic Drugs Act s.44 mandatory minimum sentence to juveniles; remittal to juvenile court under s.73.
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14 July 2017 |
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Whether counsel may withdraw for lack of instructions; court granted leave and struck counsel off the record.
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Civil procedure — Withdrawal of counsel — Leave to withdraw for lack of instructions — Counsel struck off the record.
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13 July 2017 |
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Court granted counsel's application to withdraw for insufficient instructions and struck them off the record in arbitration enforcement proceedings.
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Procedure — Withdrawal of counsel — Application for leave to withdraw for lack of sufficient instructions — Court grants leave and strikes counsel off the record — Arbitration Act (registration/enforcement) proceedings.
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13 July 2017 |
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Court granted adjournment but ordered the plaintiff to pay taxed wasted-day costs limited by Statutory Instrument No.6/2017.
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Civil procedure — Adjournment — Practice Direction No.13 requires a motion to adjourn — Off-record Surveyor General report not a ground for adjournment — Party causing adjournment liable for wasted costs — Taxation of costs limited by Statutory Instrument No.6 of 2017 (Legal Practitioners scale of fees).
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13 July 2017 |
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Decree nisi granted for irretrievable breakdown due to mutual unreasonable behaviour; interim custody to the petitioner.
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Family law — Matrimonial Causes Act s.9(1)(b) — irretrievable breakdown — unreasonable behaviour — mutual conduct — Decree Nisi — interim custody — maintenance and property adjustment to Registrar.
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13 July 2017 |
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Interim injunction confirmed to restrain bank from appointing a receiver pending trial, finding a serious question to be tried.
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Interlocutory injunction — American Cyanamid principles — serious question to be tried — irreparable injury — balance of convenience — debt recovery and receivership — contractual default versus equitable relief — costs in the cause — leave to appeal.
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13 July 2017 |
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Interim injunction denied where plaintiff’s claims were mainly monetary and compensable by damages.
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Interim injunction — requirement of clear right, irreparable harm and balance of convenience; monetary loss as adequate remedy; tenancy dispute; interlocutory relief.
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12 July 2017 |
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Employee’s application for interim injunction to retain company property after dismissal refused; must surrender property; leave to appeal granted.
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Interim injunctions — requirements: serious question to be tried, irreparable harm, balance of convenience — injunctions should not be used to deprive an owner of its property; employment law — surrender of company property after dismissal; reliefs dependent on injunctive relief dismissed; leave to appeal granted.
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12 July 2017 |
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Uncontested police report and repair invoice supported repair costs; appellate court corrected trial court's reduction and awarded K3,000.00.
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Road traffic accident; burden of proof; admissibility and weight of police Traffic Accident Report and repair invoice; assessment of damages; appellate correction of trial court misdirection where repair invoice is uncontested.
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12 July 2017 |
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A defective opposing affidavit and duplicative claim led the court to strike the rental claim as abuse, while allowing amendment and further proceedings.
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Civil procedure — preliminary issues — defective affidavit (jurat absent date/place) — requirement for skeleton arguments and authorities — interlocutory applications — multiplicity of proceedings — abuse of court process — striking out duplicative claim — leave to amend pleadings.
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11 July 2017 |
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Interim injunction granted to preserve Subdivisions A and C pending trial; Subdivision B excluded due to Supreme Court determination.
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Interlocutory injunctions — equitable discretion — irreparable harm — adequacy of damages — clear right to relief — allegations of fraud/unclean hands — foreclosure of land — stare decisis; no jurisdiction to injunct parcel determined by Supreme Court.
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10 July 2017 |
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Court granted ex parte leave to commence contempt proceedings for alleged disobedience of an order restraining illegal mining.
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Civil procedure — Contempt of court — Leave to commence committal proceedings — Order 52 rule 2 — Ex parte application — Affidavit and statement verifying facts — Continued trespass and illegal mining despite judgment in default.
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10 July 2017 |
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A sale and assignment were frustrated by subsequent criminal restriction and forfeiture, defeating the plaintiff's ownership and possession claims.
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Property law — Contract for sale and assignment — Effect of supervening criminal restriction and forfeiture — Frustration of contract — Bona fide purchaser and registration out of time — Duress and alleged penal interest.
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10 July 2017 |
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A stay pending appeal was granted because the appeal raised a jurisdictional issue going to the root of the case.
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Civil procedure — Stay of execution pending appeal — Discretionary remedy — Prospects of success and risk of rendering appeal nugatory — Jurisdictional challenge goes to root and justifies stay.
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8 July 2017 |
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A stay pending appeal granted because the appeal raises a jurisdictional issue going to the root of the case.
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Civil procedure — Stay of execution pending appeal — Discretionary remedy — Prospects of success and whether execution renders appeal nugatory — Jurisdictional challenge goes to root of case; stay granted.
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8 July 2017 |
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Marriage annulled because the petitioner was pregnant by another man at the time of marriage; dowry refund and wedding damages denied.
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Family law — Voidable marriage — s29(f) Matrimonial Causes Act: marriage voidable where spouse was pregnant by another at time of marriage; s30 time limitation and ignorance requirement; insufficiency of oral evidence to establish non‑consummation; dowry refund a customary matter; damages for adultery require proof and identification of third party.
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7 July 2017 |
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Marriage annulled under s29(f) due to petitioner’s undisclosed pregnancy; dowry refund and damages denied; costs to petitioner.
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Family law — Voidable marriage — Non-disclosure of pregnancy by one party at time of marriage — s29(f) Matrimonial Causes Act — nullity; limitation and ignorance requirements under s30; dowry refund a customary law matter; damages for adultery under s11 require proof and citation of third party.
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7 July 2017 |
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Court refused to stay execution, finding insufficient grounds given the party constitution's arbitration clause and limited court role.
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Civil procedure — Stay of execution — Order 36 Rule 10 High Court Rules and Order 59 Rule 13 Supreme Court Rules — requirement of sufficient grounds and prospects of success — limited judicial role in internal political party disputes governed by constitution and arbitration clause.
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7 July 2017 |
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Court may grant interim permission for a deported person to attend judicial review to protect the right to a fair hearing.
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Immigration law; judicial review; interim/ex-parte relief; section 27 Immigration and Deportation Act; jurisdiction to secure litigant's attendance; right to fair hearing; contempt for disobedience.
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7 July 2017 |
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High Court may grant interim ex-parte temporary permits to secure an applicant’s attendance and fair hearing despite immigration officers’ powers.
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Immigration law; judicial review; interlocutory/ex-parte relief; temporary permit under section 27; right to a fair hearing; court’s power to summon witnesses; contempt for non-compliance with court orders.
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7 July 2017 |
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Court allowed defendants to call expert valuation evidence to resolve disputed share valuation and dilution despite an existing consent order.
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Civil procedure — Expert evidence — Leave under Order 38 Rules 36–37 — Valuation of shares and alleged dilution — Consent order enforcement — Admissibility test: "appreciable help" — Duties and independence of expert witnesses — Case management directions.
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7 July 2017 |