Results.
22 judgments found.
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| November 2024 |
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Court admitted a mixed-content bank credit file as evidence, holding proper foundation by the custodian suffices under Section 4.
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Evidence — Documentary evidence — Admission of business records under Section 4 Evidence Act — Mixed originals and copies admissible with proper foundation — Custodian witness — George Bienga authority — Bank mandate file practice.
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26 November 2024 |
| October 2024 |
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A valid loan existed, but excessive interest was unlawful; court awarded a reduced sum capped under the Money Lenders Act.
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Contract law — existence of loan agreement; Unconscionability and usury — excessive interest unenforceable; Money Lenders Act — statutory cap (48%) limits recoverable interest; Courts may refuse enforcement of illegal terms but award proportionate lawful recovery.
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15 October 2024 |
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Verbal periodic tenancy arises from possession and accepted rent; tenant liable for damage beyond fair wear and tear.
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Landlord and tenant law — unregistered written lease void as a legal estate; possession and accepted rent create periodic tenancy; tenant’s repair obligations versus fair wear and tear under Rent Act; proof and quantum of repair costs.
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15 October 2024 |
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A subordinate court cannot state a case under section 341 during an ongoing trial; SI No.10/2024 does not oust jurisdiction.
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Criminal procedure — Section 341 CPC — Case stated may only be made after hearing and determination — Timing of case-stated procedure — Statutory Instrument No.10/2024 Rule 3 — Effluxion of time does not automatically oust subordinate court jurisdiction — Frivolous/dilatory applications.
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6 October 2024 |
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Prosecution proved unlawful wounding beyond reasonable doubt; unsworn intoxication and provocation defences were unproven, leading to conviction.
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Criminal law — Unlawful wounding (s232(a)) — burden and standard of proof beyond reasonable doubt — unsworn testimony of accused of diminished weight — intoxication and provocation require evidence of incapacity or loss of self-control to negate intent.
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4 October 2024 |
| September 2024 |
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The court dismissed the applicants' jurisdictional challenge as res judicata and warned against unlawful access to court records.
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Jurisdiction — Economic and Financial Crimes Court; transfer of matter — abatement by effluxion of time; res judicata and abuse of process; access to court records — Section 50 Subordinate Courts Act.
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26 September 2024 |
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Prosecution proved beyond reasonable doubt all elements of breaking into a shop with intent to steal; accused’s unsworn, belated defence lacked credibility.
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Criminal law — Breaking and entering with intent to commit a felony — Elements of offence — Burden of proof beyond reasonable doubt — Weight of unsworn evidence and belated defence — Credibility and omissions in accused’s testimony.
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11 September 2024 |
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Court extended the five‑month trial limit by 45 days under Rule 3(2) and refused a constitutional referral; trial to continue.
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Criminal procedure — Statutory time limits (S.I
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No.10/2024 Rule 3) — Commencement and computation of five‑month limit — Extension under Rule 3(2) — Jurisdiction not automatically lost on expiry — Constitutional reference unnecessary
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3 September 2024 |
| August 2024 |
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Court granted the State leave to amend prosecution witness and document lists under Rule 5(6), finding no fatal prejudice to the defence.
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Criminal procedure — Economic and Financial Crimes Court Rules 2024 — Rule 5(6) — Amendment of prosecution witness and document lists — Disclosure obligations — Prejudice to defence — Leave to amend.
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21 August 2024 |
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Enforcement of an oral employment contract for unpaid wages in Subordinate Court where defendant failed to appear.
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Contract law — oral employment contract — unpaid wages — burden of proof on plaintiff despite defendant’s absence — jurisdiction: Subordinate Court competent for monetary employment claims not exclusively industrial relations matters — damages and costs awarded.
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6 August 2024 |
| July 2024 |
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Court convicted the accused of possessing assets suspected as proceeds of crime and of obtaining subsistence allowances by false pretences.
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Forfeiture of proceeds of crime — possession of property reasonably suspected of being proceeds — reasonable suspicion based on articulable facts and asset/income disparity; evidential burden on accused who testifies; exclusion of defence material for non‑compliance with SI No.10/2024 disclosure rules; false pretences for subsistence allowances proven by absence of corroborating activity reports and phone-location evidence.
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26 July 2024 |
| June 2024 |
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Accused convicted for assault occasioning actual bodily harm; accidental defence and unsworn testimony found insufficient.
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Criminal law — Assault occasioning actual bodily harm (s.248) — proof of ingredients — accident defence (s.9(1)) — weight of unsworn testimony — evidence of relatives/friends — Browne v Dunn (need to challenge adverse evidence).
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19 June 2024 |
| May 2024 |
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A plaintiff’s defamation claim based on a police report was dismissed as lacking required seriousness and constituting an abuse of process.
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Defamation — accusation to police — public interest and threshold of seriousness — reasonable publication — abuse of process — reporting suspected crime as justification/privilege.
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16 May 2024 |
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A witness statement does not replace oral examination in chief; it is a disclosure tool and may assist cross-examination.
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Criminal procedure — witness statements — not standalone evidence — examination-in-chief under Criminal Procedure Code remains required — Statutory Instrument No.10 of 2024 cannot displace primary legislation — disclosure and cross-examination — Simon Miyoba v The People.
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15 May 2024 |
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Court held EFCC Division rules apply to pending cases and dismissed the jurisdictional challenge as unmeritorious.
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Criminal procedure — jurisdiction of Economic and Financial Crimes Division — SI No.10/2024 (E&F Crimes Rules) — Rule 17 retrospective application to pending proceedings — cause-listing by National Prosecution Authority — disclosure and fair trial — procedural challenge inappropriate to delay proceedings.
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3 May 2024 |
| March 2024 |
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Court acquitted the Project Manager of abuse of office but convicted the Site Engineer and contractor for corrupt gratification.
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Abuse of office; corrupt practices (receipt and giving of gratification); evidential value of bank records and deposit slips; procurement/payment authorisation and thresholds; burden and standard of proof.
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1 March 2024 |
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Court convicted the site engineer and contractor for corrupt gratification; acquitted the project manager of abuse of office.
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Abuse of office — public procurement — completion certificates — progress payments and retention — corrupt gratification — bank transfers and contemporaneous records as corroboration
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1 March 2024 |
| February 2024 |
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Specific performance granted for sale of land; oral contract found varied not rescinded; plaintiff must pay balance by set date.
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Contract law — sale of land; specific performance as discretionary equitable remedy; variation vs rescission by conduct; time of the essence; unjust enrichment; hardship defence to specific performance.
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1 February 2024 |
| January 2024 |
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Restitution claim dismissed: savings group not a licensed money lender and plaintiff failed to prove unjust enrichment, duress, or invalid transaction.
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Restitution/unjust enrichment — requirements for restitutionary relief; Savings groups vs Money Lenders Act — when registration is required; Interest — penal interest not established; Mortgage formalities — writing and registration required under Lands and Deeds Registry Act; Duress — burden to prove coercion to set aside transaction; Evidence — credibility, contemporaneous documents and rule in Browne v Dunn.
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25 January 2024 |
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Plaintiff who purchased from the executor entitled to vacant possession; defendant not a bona fide purchaser lacking agent authority.
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Property law — Sale of land — Personal representative/executor’s authority — Agency and scope of authority — Nemo dat quod non habet — Bona fide purchaser for value without notice — Duty of due diligence — Vacant possession.
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25 January 2024 |
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Court extended the five‑month hearing period under S.I. No.10/2024 by 45 days and refused a constitutional referral.
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Criminal procedure — S.I
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No.10/2024 (Rules) — Rule 3 five‑month hearing limit — commencement of time in carry‑over cases — Rule 17 application to pending proceedings — extension of time under Rule 3(2) and Section 37 (Interpretation Act) — purposive construction (Citibank v Dudhia) — no loss of jurisdiction on expiry — constitutional reference refused
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6 January 2024 |
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Accused convicted of unlawful wounding after court rejected self‑defence/accident account and found prosecution proved guilt beyond reasonable doubt.
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Criminal law — unlawful wounding (s.232 Penal Code) — burden of proof on prosecution after not guilty plea — evaluation of conflicting testimony and credibility — self‑defence and accident rejected where evidence implausible.
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5 January 2024 |