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Citation
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Judgment date
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| May 2025 |
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A clerical error in a writ's cause number does not void enforcement of a registered arbitral award absent a court-ordered stay.
Arbitration enforcement – registered arbitral award – execution by writ of fieri facias – incorrect cause number is irregularity not nullity – pending challenge does not bar enforcement absent stay – remedy is regularisation of writ.
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27 May 2025 |
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Applicant's review refused: absence of counsel and no fresh evidence insufficient; failure to serve demand letter fatal.
Civil procedure — Review under Order 39 — two-stage discretion; Absence of counsel — sufficiency of excuse; Order VI — failure to serve letter of demand fatal; Order 35 — effect of non-appearance.
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22 May 2025 |
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Application to review a res judicata ruling dismissed for wrong procedural basis and absence of fresh evidence.
Civil procedure — Review of judgment — Proper procedure: Order XXXIX (review) not Order XXXIV; requirement of fresh evidence for review; res judicata; appeal as proper remedy for challenging prior judgment.
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21 May 2025 |
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An interested party's joinder application dismissed for lack of locus standi; costs awarded to the plaintiff.
Civil procedure – Joinder of interested party – Order 14 Rule 5 High Court Rules – locus standi of proposed joiner – prevention of multiplicity of actions and inconsistent decisions – joinder refused for lack of sustainable interest.
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20 May 2025 |
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Court set aside writ of possession, recognising assignees' right to redeem where debt paid into court and no judicial foreclosure existed.
Equitable mortgage – no power of sale without court foreclosure; writ of possession – set aside where equity of redemption survives and judgment debt paid into court; competence of assignees/beneficial owners to seek redemption; amended affidavit—caption amendment permissible where no prejudice; equitable jurisdiction to suspend possession and permit redemption.
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16 May 2025 |
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Fresh action to vary a consent judgment was barred by res judicata; court may set aside, not vary, consent orders.
Civil procedure — Res judicata and multiplicity of actions — Challenge to consent judgment — Whether fresh action may seek variation vs setting aside — Abuse of court process; setting aside consent orders for mistake, fraud or misrepresentation.
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16 May 2025 |
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Application to stay proceedings refused; defendants failed to show special circumstances and appeal lacked prospects.
:[
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15 May 2025 |
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Witness statements must contain only facts within personal knowledge; opinions, conclusions and hearsay are expunged.
Evidence — witness statements — must be confined to facts within personal knowledge; no opinions, conclusions, legal argument or hearsay (Order 38/2A/7); objections to evidence to be made when evidence is offered (Order 5 Rule 21).
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15 May 2025 |
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Court ordered sale of charged properties under Order 88 and held post-judgment interest recoverable.
Charging order — enforcement by sale under Order 88 — affidavit and disclosure requirements — post-judgment interest recoverable under Judgments Act s.2 — sale by Sheriff — costs taxed — leave to appeal.
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14 May 2025 |
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Whether to restrain a caretaker from acting as Senior Chief pending a contested customary chieftaincy determination.
Interlocutory injunction – American Cyanamid principles – serious question to be tried; balance of convenience and status quo – customary chieftaincy succession – joinder under Order 14 Rule 5.
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13 May 2025 |
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Possession of stolen property and failure to satisfactorily explain it led to conviction for aggravated robbery.
Criminal law – Aggravated robbery – Elements: theft, contemporaneous use or threat of violence, and possession; evidential burden to explain possession; failure to call corroborating witness renders explanation an afterthought.
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13 May 2025 |
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Unreliable audio/CCTV timestamps and lack of voice identification undermine convictions for theft and destroying a missing court record.
:[
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12 May 2025 |
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The applicant proved entitlement to specific performance; the respondent was ordered to complete conveyance of the six hectares.
Specific performance — sale of land — uniqueness of land — damages inadequate — burden of proof on plaintiff despite respondent's non‑appearance — administrator of estate ordered to complete conveyance.
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12 May 2025 |
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Applicant may commence bankruptcy proceedings without first exhausting other execution methods; Official Receiver appointed as interim receiver.
Bankruptcy — enforcement of money judgments — Order 45 (no hierarchy of execution methods) — act of bankruptcy under s.3(1)(g) — failure to comply with bankruptcy notice — appointment of Official Receiver as interim receiver
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12 May 2025 |
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Bank failed to notify customer of account dormancy/closure; plaintiff failed to prove alleged 15% monthly investment terms.
Banking law – account characterization (transactional vs investment) – burden of proof on terms of account; banker’s duty to notify customer of dormancy/closure; statutory retention of bank records; nominal damages for negligent failure to inform.
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12 May 2025 |
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Whether the accused's drunkenness or provocation amounted to extenuating circumstances negating malice aforethought.
Criminal law – Murder – Elements: actus reus and mens rea – Eyewitness credibility and forensic (postmortem) evidence – Extenuating circumstances (drunkenness/provocation) under section 201(1) – Conviction where evidence excludes diminished responsibility.
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9 May 2025 |
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Application to dismiss for want of prosecution fails where ongoing interlocutory activity and efforts to comply are shown.
Civil procedure — Dismissal for want of prosecution — O
LIII R.10(10) HCR — meaning of 'no progress' after filing — interlocutory activity and compliance efforts bar dismissal — costs awarded
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8 May 2025 |
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Court entered judgment on admission for unpaid car‑hire sum after finding the defendant’s letter a clear, unequivocal admission.
Civil procedure – Judgment on admission – Order 21 r 6 High Court Rules / Order 27 r 3 RSC – Admission must be clear and unequivocal – Assessment of quantum by Deputy Registrar – Interest and costs – Non-admitted issues reserved for trial.
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7 May 2025 |
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6 May 2025 |
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Section 175(1) cannot be used to sue directors personally in initial proceedings; personal claims struck out for irregularity.
Corporate Insolvency Act s175(1) — scope and procedure; piercing corporate veil; separate legal personality; irregular commencement and waiver; striking out personal claims for irregularity.
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6 May 2025 |
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Non-parties cannot raise a preliminary objection; prior involvement or erroneous service does not confer locus standi.
Civil procedure — locus standi — preliminary objection by non-parties — distinct actions — prior-party status does not confer defendant status in a new action — erroneous service does not create party status.
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6 May 2025 |
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Out‑of‑time review dismissed for inordinate delay and failure to comply with Order 39 Rule 2; leave to appeal granted.
Civil procedure — Review of judgment on assessment — Order 39 Rule 2 (High Court Rules) — 14‑day time limit — Out‑of‑time applications require special leave — Article 118(2)(e) Constitution does not excuse non‑compliance with mandatory procedural rules — Inordinate delay and absence of explanation justify dismissal.
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6 May 2025 |
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Aggravated robbery not proved due to unestablished theft; accused convicted of assault occasioning actual bodily harm.
Criminal law — Aggravated robbery — Elements: armed/with others; theft; violence — Failure to prove theft — Medical report and witness evidence of assault — s181(2) Criminal Procedure Code — Conviction for lesser offence: Assault Occasioning Actual Bodily Harm (s248 Penal Code).
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5 May 2025 |
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The accused were convicted of murder based on eyewitness identification, post-mortem blunt force trauma and common intention.
Criminal law – Murder: elements of Section 200 Penal Code; malice aforethought under Section 204; common intention (Section 22); identification and eyewitness evidence; post-mortem evidence – blunt impact trauma
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5 May 2025 |
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After oral examination the court ordered the judgment debtor to pay K5,000 monthly to satisfy the rent judgment.
Rent arrears – Enforcement – Examination of judgment debtor – Determination of assets, income and liabilities – Instalment order for satisfaction of judgment – Warrant of distress and recovery of possession.
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5 May 2025 |
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2 May 2025 |
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Delay due to illness, counsel’s death and a missing record did not justify dismissal for want of prosecution.
Civil procedure — Dismissal for want of prosecution — inordinate delay v. intentional default; excuses (illness, death of counsel, missing record, indigence) — court’s discretion to refuse dismissal; status conference; leave to appeal granted.
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2 May 2025 |