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10,218 judgments
June 2026
A petition is the proper mode to challenge an alleged unconstitutional presidential appointment; preliminary dismissal was refused.
  • Constitutional Law
    • — Mode of Commencement — Petition as proper process to challenge acts or decisions under Article 128(3) of the Constitution
    • — Judicial Review — Challenges to Presidential appointments — Limits of procedural rules versus constitutional right to petition
  • Civil Procedure — Preliminary Issues — When substantive merit questions cannot be decided at preliminary stage
30 June 2026
National newspaper imputing corruption to the applicant was defamatory; fair‑comment defence failed for lack of verified supporting facts.
  • Tort
    • — Defamation — Publication of statements imputing corruption and incompetence to a public official
    • — Defence of Fair Comment — Requirement that comment be opinion, based on proved facts, on matter of public interest, and not actuated by malice
    • — Malice and Verification — Failure to verify serious allegations and absence of evidential support undermines defences
30 June 2026
Leave to appeal does not excuse late filing; failure to secure further leave renders the appeal incompetent.
  • Civil Procedure — Appeals — Filing Time Limits and Leave to Appeal Out of Time — Effect of failure to file within prescribed period
29 June 2026
Whether a collective‑agreement gratuity can ground retention on payroll under Article 189 and the Employment Code.
  • Civil Procedure — Stay of Execution — Criteria for granting a stay pending appeal — Order 10 r 5, Court of Appeal Rules, 2016
  • Employment Law — Collective Agreements — Retention on payroll for gratuity — Interpretation of "in accordance with the current law" and interplay with Article 189 and s 73 Employment Code Act No. 3 of 2019
29 June 2026
Sale of estate property without prior court authority is void; purchaser entitled to restitution and interest, not damages.
  • Succession Law — Sale of Estate Property — Requirement of Prior Court Authority under Intestate Succession Act s 19(2) — Void ab initio
  • Equity — Unjust Enrichment — Restitution of Monies Paid Under A Void Contract
  • Contract Law — Damages — Inapplicability Where Contract Is Void Ab Initio; Interest as Appropriate Remedy
26 June 2026
A Certificate of Title may be cancelled for fraud only where the party alleging fraud proves it clearly and strictly.
  • Land Law — Title and Registration — Cancellation of Certificate of Title for Fraud or Impropriety — Burden and Standard of Proof under Lands and Deeds Registry Act ss 33–34
  • Civil Procedure — Evidence and Pleadings — Failure to Prosecute Counter‑Claim and Absence of Evidence — Court Cannot Cancel Title Without Clear Proof
26 June 2026
Court granted leave to apply for stay of execution out of time, reversing the single judge's refusal.
  • Civil Procedure
    • — Appeals — Stay of Execution Pending Appeal — Leave to Apply Out of Time
    • — Extension of Time — Delay Attributable to Counsel — Generally Not a Sufficient Excuse
    • — Court of Appeal Discretion — Section 9(b) Court of Appeal Act; Order 13 Court of Appeal Rules
26 June 2026
Stay of execution denied: applicant failed to show appeal prospects and special circumstances to justify halting pension assessment payment.
  • Civil Procedure — Stay of Execution — Requirements: appeal prospects and special/compelling circumstances — Order X r4(5) Court of Appeal Rules
  • Pension Law — Assessment of Benefits — Application of Supreme Court directions and appropriate actuarial valuation method
26 June 2026
26 June 2026
High Court wrongly dismissed an Article 28(1) Bill of Rights petition; appeal allowed and matter remitted.
  • Constitutional Law — Bill of Rights — Article 28(1) — Competence of petitions challenging alleged rights infringements
  • Civil Procedure — Jurisdiction and Procedure — Sua sponte determination at scheduling conference — Requirement to invite parties to address competence
  • Electoral Law — Forum — Distinction between nomination challenges under the Electoral Process Act and constitutional petitions under Article 28(1)
26 June 2026
Court discharged ex-parte stay pending appeal due to non-disclosure, forum shopping, and judicial comity concerns.
  • Civil Procedure
    • — Stay of Execution Pending Appeal — Whether stay should be granted where appeal would be rendered nugatory
    • — Ex-parte Relief — Duty of Full and Frank Disclosure — Non-disclosure as ground for discharge
    • — Judicial Comity — Horizontal Overruling and Forum Shopping — Single judge cannot override colleague's decision
25 June 2026
Court refused to expunge late-served heads of argument, allowing the appeal to proceed on its merits.
  • Civil Procedure — Appeals — Filing and service of heads of argument — Whether late-filed heads should be expunged — Court's discretion to overlook procedural breaches where no tangible prejudice — Court of Appeal Rules 2016, Order 10 r 9(16); Constitution Art 118(2)(e)
25 June 2026
Detention pending expulsion without the statutory notice or proof of service may justify habeas corpus and immediate release.
  • Constitutional law — Habeas corpus — Detention without charge or production in court — Validity and limits of administrative detention
  • Refugee law — Expulsion procedure — Service of notice under section 21(2) of the Refugees Act — Proof of service as fundamental procedural requirement
24 June 2026
Stay of execution refused where appeal lacked prospects of success and no special circumstances were demonstrated.
  • Civil Procedure — Stay of Execution Pending Appeal — Discretionary remedy — Consideration of prospects of success and irreparable harm — Court of Appeal Rules/authorities
23 June 2026
Part XVIII and Article 266 do not bar Parliament from creating commissions by ordinary legislation; petition dismissed.
  • Constitutional Law
    • — Commissions — Whether Part XVIII and Article 266 preclude Parliament from creating commissions by statute — Constitution Arts.1,216-237,266,267
    • — Transitional Provisions — Effect of section 19 (Act No.1 of 2016) on Parliament’s power to establish statutory commissions
22 June 2026
Court granted extension of time to appeal and a stay of execution to prevent the appeal becoming nugatory.
  • Civil Procedure
    • — Appeal Out of Time — Extension of time: sufficient reason, promptness and delay due to former counsel
    • — Stay of Execution — Whether to grant: arguable appeal, risk of nugatory outcome and balance of convenience
  • Property Law — Trespass and Possession — Protection of subject matter pending appeal to prevent irreversible prejudice
19 June 2026
A presidential nomination can only be invalidated for failure to meet constitutional qualifications or nomination procedure, not internal party governance.
  • Constitutional Law
    • — Elections — Presidential nomination challenges — Scope of Article 52(4) — Must be grounded on Article 100 qualifications or Article 52 procedural requirements
    • — Political Parties — Internal governance — Alleged breaches of Article 60 not a ground to invalidate a presidential nomination
  • Electoral Law — Acceptance of nominations — Review limited to constitutional qualifications and prescribed nomination procedure
19 June 2026
Whether the electoral commission may revoke allocated candidate symbols without statutory authority, notice or hearing.
  • Administrative Law — Judicial Review — Revocation of Allocated Electoral Symbol — Illegality, Irrationality and Procedural Impropriety — Electoral Process Act/Regulation 8
19 June 2026
Application to amend cross‑appeal refused for unexplained two‑year delay; costs awarded to appellant.
  • Civil Procedure — Appeals — Amendment of Notice of Cross Appeal — Leave to amend after inordinate delay — Court of Appeal Rules (Order VIII; Order X)
18 June 2026
Court granted stay of execution pending appeal where appeal had reasonable prospects and special circumstances existed.
  • Civil Procedure
    • — Stay of Execution — Granting stay pending appeal where appeal has reasonable prospects and risk of rendering appeal nugatory
    • — Originating Summons — Resolution of admitted debts and discretion under Order 30 Rule 11(j) of the High Court Rules
18 June 2026
Running mate cannot be directly challenged under Article 52(4); petitioners failed to prove lack of Grade twelve equivalent, petition dismissed.
  • Constitutional Law
    • — Electoral Law — Qualifications for President and Vice‑President — Derivative examination of running mate's qualifications under Article 52(4) and Articles 100(1)(e), 110(2) and 266
    • — Procedure and Evidence — Burden of proof and res inter alios acta — Petitioners must adduce independent evidence to disqualify candidates
17 June 2026
Single judge lacked jurisdiction to set aside an ex‑parte leave and stay; unauthorised firms ordered to pay costs.
  • Civil Procedure
    • — Jurisdiction — Competence of single Judge to set aside ex‑parte orders — Preliminary objection succeeds
    • — Ex‑parte orders — Leave to appeal and stay — Procedure for setting aside or discharge
  • Costs — Representation — Advocates acting without instructions liable for costs — Exception for properly instructed counsel
17 June 2026
Appeal dismissed for want of prosecution where appellants failed to seek timely extension after prolonged non‑compliance.
  • Civil Procedure
    • — Appeals — Dismissal for want of prosecution — Exercise of discretion under Order X r 7 and requirement to comply with Order 10 r 6 CAR
    • — Extension of Time — Formal application under Order XIII r 3 CAR — Duty to apply promptly when non‑compliance anticipated
  • Constitutional Law — Procedural Technicalities — Article 118(2)(e) not a blanket override of procedural rules; applies only to prevent manifest injustice
16 June 2026
Court stayed lower court judgment pending appeal to prevent appeal being rendered nugatory due to unadmitted evidence.
  • Civil Procedure
    • — Arrest of Judgment Pending Appeal — Discretion to stay judgment to prevent appeal becoming nugatory
    • — Procedure Before Court of Appeal — Applications to a Single Judge — Order VII Rule 2
  • Evidence — Admission of Witness Statements and Cross‑Examination — Effect on Fair Trial and Appeal
16 June 2026
Court granted stay pending appeal where appeal raised a prima facie challenge to interest calculations under the Money Lenders Act.
  • Civil Procedure
    • — Stay of Execution Pending Appeal — Prospects of success and whether refusal renders appeal nugatory — Application of appellate preview test
    • — Security for Costs — Availability under Rules of the Supreme Court (Order 59/10/40) and creditor's procedural obligation
  • Contract/Statutory Interest — Money Lenders Act — Legality of interest computation and statutory caps on recoverable interest
16 June 2026
A relaunch of litigation already finally determined is barred by res judicata; action dismissed in limine.
  • Civil procedure
    • — Res judicata — Whether a subsequent action is precluded where a terminal ruling has finally determined the same parties, issues and reliefs
    • — Enforcement and appeal — Requirement to appeal or seek enforcement/fix time rather than relaunch identical proceedings
15 June 2026
The applicant's appeal was dismissed for want of prosecution after failing to file the record and heads within 60 days.
  • Civil Procedure
    • — Appeal — Dismissal for want of prosecution — Failure to file record of appeal and heads within prescribed 60 days — Discretion under Court of Appeal Rules Order 10 Rule 7
    • — Delay — Intentional or contumelious default and inordinate delay — Requirement of prejudice or risk to fair trial as precondition for dismissal
12 June 2026
Failure to serve the record of appeal and heads within 14 days without leave renders the appeal incompetent and dismissed.
  • Civil Procedure —  Appeals
    • — Service of record of appeal and heads of argument — Requirement to serve within 14 days — Court of Appeal Rules Order 10 Rule 9(9)
    • — Leave to serve out of time — Failure to apply renders late service a nullity and appeal incompetent
12 June 2026
Out-of-time leave refused where procedural sequence under Order 13 was not followed and delay was inadequately explained.
  • Civil Procedure
    • — Appeals — Extension of time for filing application for leave to appeal out of time — Requirement to obtain leave where both 14-day and further 21-day periods have expired — Order 13 Rule 3(2) and (3)
    • — Rules of Court — Procedural compliance — Application incompetent where prescribed procedural sequence is not followed
11 June 2026
Majority shareholder breached fiduciary duties by controlling subsidiary, entitling company to damages; negligent misstatement dismissed.
  • Company Law
    • — Shareholder Derivative Action — Leave under Companies Act s.331 — Court jurisdiction to hear derivative claim despite defendant's arbitration plea
    • — Fiduciary Duties — Majority shareholder exercising operational control — Liability for breach of Shareholders Agreement and provision of misleading corporate information
  • Tort — Negligent Misstatement — Statements to third party (government) — Requirement of special relationship/assumption of responsibility (Hedley Byrne)
9 June 2026
Appellant failed to prove encroachment and lacked a cause of action against the alleged occupier; appeal dismissed.
  • Land Law — Tort — Trespass/Encroachment — Burden of proof in civil encroachment claims
  • Civil Procedure — Pleadings/Locus standi — Requirement to sue registered proprietor to disclose cause of action
  • Evidence — Survey Reports — Weight and verification of surveys and coordinates
5 June 2026
Slip rule may correct a costs order to align the judgment with the court's true intention.
  • Civil Procedure
    • — Slip Rule (Order 20/11/1 RSC) — Correction of judgments not reflecting court's intention
    • — Costs — Joinder by court — Liability for costs when a party is joined by court order
5 June 2026
A withdrawn appeal relaunched without leave under Order X r12(4) is incompetent; preliminary objections may be raised before the record is filed.
  • Civil Procedure —  Appeals
    • — Withdrawal and Restoration — Whether a withdrawn appeal may be relaunched without leave under Order X r12(4) of the Court of Appeal Rules
    • — Preliminary Objection — Whether Order XIII r5(1) prevents raising objections before the record of appeal is filed
5 June 2026
Applicant charged with a state security offence granted bail where prosecution did not oppose and continued detention was unjustified.
  • Criminal Law — Bail — Admission to bail pending trial — Application under Criminal Procedure Code s 123(3) and (4) read with s 33 — Effect of prosecution's non‑opposition
  • Criminal Procedure — Arrest and Detention — Detention without being taken to court beyond 24 hours — Relevance to bail entitlement
4 June 2026
Failure to file mandatory skeleton arguments and authorities with a nomination petition divests the court of jurisdiction.
  • Election Law — Nomination Petitions — Requirement to file skeleton arguments, list of authorities and supporting documents with the petition — High Court (Election Petition) Rules r 4(3)
  • Civil Procedure — Jurisdiction — Mandatory procedural requirements — Effect of non-compliance with statutory "shall" provisions divests court of jurisdiction and renders proceedings incompetent
3 June 2026
May 2026
A board resolution filed late without leave and without giving the respondent opportunity to reply cannot support an appeal against gratuity entitlement.
  • Civil Procedure
    • — Industrial relations — Admission of further affidavit after close of case — Right to be heard — Improper introduction of a board resolution
    • — Court's duty to regulate its procedure — Ensuring substantial justice without prejudice to either party
  • Employment Law — Gratuity — Contractual gratuity rate dispute — Validity and admissibility of board resolution filed late
28 May 2026
Leave granted to appeal so Supreme Court can clarify jurisdictional effect of defective records of appeal.
  • Civil Procedure —  Appeals
    • — Defective or Incomplete Record of Appeal — Whether missing transcripts affect jurisdiction and proper determination of appeal — Court of Appeal Act s 13
    • — Leave to Appeal to Supreme Court — Public interest and reasonable prospects as threshold for leave — Court of Appeal Act s 13
28 May 2026
The accused person used public office to secure his sister's appointment—convicted of abuse, forgery and uttering; acquitted on one count.
  • Anti‑corruption law — Abuse of authority — Use of public office to obtain advantage for a relative — Anti‑Corruption Act s21(1)(b) and s21(2)
  • Criminal law
    • — Forgery — Making a false document with intent to deceive — Penal Code s342/s347
    • — Uttering false documents — Use, dealing with and inducing action upon false documents — Penal Code s4/s352
28 May 2026
Delay excused but intended appeal lacked reasonable prospects; leave out of time and stay were refused.
  • Civil Procedure
    • — Appeals — Leave to appeal out of time — Requirement to show sufficient cause and reasonable prospects of success
    • — Stay of Execution — Granting a stay depends on leave to appeal and whether the order is capable of being stayed
27 May 2026
A non‑civil‑servant occupant was not eligible to buy a government pool house; title stood and mesne profits were inappropriate.
  • Property Law — Government Pool Houses — Eligibility to Purchase — Role of Sitting Tenant and Civil Servant Status — Cabinet Circular No.12 of 1996
  • Land Law — Certificate of Title — Prima Facie Proof of Ownership; Challenge Requires Clear Proof of Fraud or Impropriety — Lands and Deeds Registry Act ss33–34
  • Remedies — Mesne Profits — Award Requires a Landlord–Tenant Relationship or Established Tenancy
27 May 2026
Failure to comply with mandatory appellate service rules warranted dismissal of the appeal and costs against interested parties' practitioners.
  • Civil Procedure
    • — Appeal
      • — Service of Notice and Memorandum of Appeal — Mandatory compliance with Court of Appeal Rules Order 10 r 3(9)
      • — Service of Record and Heads of Argument — Proper personal or authorised service required; informal arrangements insufficient
    • — Costs — Personal liability of legal practitioners — Counsel may be ordered to pay costs where conduct in failing to effect proper service is improper or negligent
27 May 2026
Stay of taxation dismissed because taxation related to a distinct cause and the pending appeal could not affect it.
  • Civil Procedure — Stay of Proceedings — Stay of taxation proceedings pending appeal in unrelated cause — Appeal does not automatically stay execution — Order 59/13 Rules of the Supreme Court
27 May 2026
A grant of administration obtained on an essential untrue statement may be revoked, but contributors to property can claim equitable interest.
  • Succession Law — Administration of Estates — Revocation of letters of administration obtained by an untrue statement — Intestate Succession Act ss 15, 29
  • Property Law — Contributions to Matrimonial Property — Equitable relief for improvements and unjust enrichment — High Court Act s 13; Jimminny Walker authority
  • Civil Procedure — Determination of Beneficiaries — Duty to identify dependents and minor interests before distribution
27 May 2026
Court granted leave to lodge appeal out of time where legislative amendment caused forum error and no contumelious delay.
  • Civil procedure — Extension of time — Leave to lodge appeal out of time — Intervening legislative amendment affecting proper forum (Lands Tribunal Act)
26 May 2026
Failure to consult before redundancy warrants compensation, but an appellate court rightly reduced an excessive award.
  • Employment law
    • — Redundancy — Employer's duty to consult employees prior to redundancy — Remedies for breach of consultation obligation (Employment Code Act s.55)
    • — Measure of compensation — Distinction between award for wrongful termination and compensation for failure to perform contractual/statutory consultation obligation
  • Civil procedure — Assessment of damages on appeal — Appellate restraint and the Kawimbe principles for interfering with trial judge's award of damages
22 May 2026
The defendant’s non-payment under a credit agreement constituted breach; interest, not general damages, was the proper remedy.
  • Contract Law — Sale of Goods — Credit agreement and delivery — Existence of contract and proof of delivery — Sale of Goods Act s 28
  • Remedies — Measure of Damages — Non-payment of money — Interest as appropriate compensation for breach
22 May 2026
A pre‑marital house can be adjusted for divorce where the appellant made substantial post‑marital contributions; remitted for valuation.
  • Family law
    • — Matrimonial property — Pre‑marital acquisition rendered amenable to adjustment by post‑marital contributions — Matrimonial Causes Act s55(1)(b)
    • — Property adjustment — Apportionment of shares — Insufficient evidence requires remittal for inquiry and valuation
18 May 2026
Plaintiff succeeds in malicious prosecution claim; defamation claim fails for lack of proof of defamatory effect.
  • Civil
    • — Malicious prosecution — Elements and proof — Termination in claimant's favour; absence of reasonable and probable cause; malice
    • — Defamation (libel) — Publication and defamatory effect — Requirement to adduce evidence of impact on right‑thinking members of society
18 May 2026
Whether enforcement of security documents is arbitrable when enforcement depends on breaches under an arbitration‑governed sale agreement.
  • Arbitration Law — Interim Measures — Mode of commencement where enforcement of securities derives from an arbitration‑governed sale agreement — Arbitration Act s 11
  • Civil Procedure — Vacation Filing — Leave to file during Michaelmas vacation — High Court Rules Order 49 r 3; Order 2 r 4
18 May 2026
Lateral transfer changing duties but retaining rank did not amount to constructive dismissal, demotion or redundancy; claim dismissed.
  • Employment Law
    • — Transfers and Job Duties — Whether lateral transfer altering duties and reporting lines constitutes constructive dismissal
    • — Demotion and Redundancy — Whether movement to a pari passu post without statutory breach amounts to unlawful demotion or redundancy
    • — Remedies and Costs — Voluntary resignation following transfer negates claim for compensation; no costs awarded
15 May 2026