JUDGMENTS
Criminal Motion No. 19 of 2025
[Criminal law – House trespass with intent to commit theft – Multiple offences – Whether individual sentences appropriate – Individual sentences within established sentencing range – Offender of previous good character – Plea of guilty at first reasonable opportunity – Whether aggregate sentence manifestly excessive – Totality principle – Application for extension of time to appeal granted – Appeal allowed.]
Judgment date: 30 June 2026
Criminal Trial No. 50 of 2025
[Criminal Law – Sentencing – 2 charges under s.457 of the Penal Code, Cap 22 – Housebreaking at night with intention to commit theft – 1 charge under section 379 of the Penal Code – theft of a vehicle – sentence to reflect the seriousness of the offence and to protect the public – pleas of guilty – previous convictions – deterrent sentence.]
Decision date: 1 Jul 2026
Criminal Appeal No. 1 of 2026
[Criminal law – Kidnapping – Outraging modesty – Serious sexual assaults involving two victims – Consecutive sentences appropriate – Sentence unduly lenient – Appeal allowed.]
Judgment date: 29 June 2026
Civil Appeal No. 2 of 2026
[Probate and Administration Act s.42 – appeal from dismissal of application to appoint an administrator – necessity and expediency of such an appointment – relevance of previous findings as to conduct of the parties- undertaking given by Respondent not to dissipate assets- whether grounds for challenge to judge’s decision – Appeal dismissed with indemnity costs – stay on further action in Probate proceedings until costs paid.]
Judgment date: 25 June 2026
Criminal Motion No. 26 of 2025
[Criminal law – Child abuse – Significant aggravating features – Young and vulnerable victim – Serious and extensive injuries – Prolonged course of offending- Abuse of trust -Attempt to conceal offending – Personal circumstances of limited mitigating weight – Sentence neither manifestly excessive nor wrong in principle – Application for extension of time to appeal dismissed – Substantial delay in disposal of case – Timely disposal of criminal proceedings a matter of public importance.]
Judgment date: 24 June 2026
Criminal Motion No. 2 of 2026
[Criminal Law Procedure-application granted: leave to file certificate with Court of Appeal, s. 291A(1)(b), Criminal Procedure Code, Cap.7; Judges decision in appeal by PP from Order of acquittal by Chief Magistrate involved point of law desirable in public interest to be determined by Court of Appeal.
Applicants were employees of RTB; acquitted by Chief Magistrate of Charges under s.6 Prevention of Corruption Act, Cap 131: A1-s.6 (a) (corruptly accepting gift); A2-s.6(b) (corruptly receiving gift) in relation to principal’s affairs and of alternative offences, contrary to s.165 of Penal Code, Cap 22.
Judge determined CM’s misdirection re. presumption under s .25 of PCA – gift given and received corruptly as inducement or reward as alleged; failed to rule on rebuttal of presumption on balance of probabilities. Appeal allowed: acquittal quashed and retrial ordered.
Court of Appeal: point of law desirable in public interest to be determined by Court of Appeal. arising-having determined CM misdirected herself in respect of s. 25 presumption was Judge required to consider whether that occasioned “miscarriage of justice” or “failure of justice” (s.371 CPC). before quashing acquittal and making consequential orders? What issues was Judge required to address? What, if any, findings were Judge required to make in respect of those issues?]
Judgment date: 18 June 2026
Criminal Motion No. 2 of 2025
[Criminal Law-sentence- section 377(2) of the Penal Code, Cap. 22, carnal knowledge of boy under 14 years.
Appeal against total sentence of 33 years’ imprisonment and 20 strokes on conviction after trial of two Charges; Boy A aged 10 years and Boy B aged 11 years.
Sentencing- conviction after trial; Judge erred/sentencing discretion miscarried in taking starting point of 24 years’ imprisonment, reducing sentences to 17 years’ imprisonment and 16 years’ imprisonment and ordering the sentences to be served consecutively.
Court of Appeal sentenced afresh: 2017 amendment to section 377 (2)- increased maximum sentence of 30 years imprisonment, a minimum sentence of 15 years’ imprisonment and not less than 12 strokes.
Orders: sentences of imprisonment and order Appellant subject to 20 strokes quashed. Sentence: 20 years’ imprisonment and 12 strokes for the 1st Charge and 2nd Charge; 5 years’ imprisonment and 3 strokes of sentence for 1st Charge consecutive to sentence of 20 years’ imprisonment for 2nd Charge Total sentence: 25 years’ imprisonment and 15 strokes.]
Judgment date: 16 June 2026
Civil Suit No. 21 of 2025
Civil Procedure – Joinder of parties — Application for leave to add registered owner of motor vehicle as defendant — Whether conditions for joinder under Order 15 rule 4 satisfied — Whether common question of law or fact exists — Whether rights to relief arise out of same transaction — Amendment of pleadings — Application for leave to amend Writ of Summons and Statement of Claim — Whether amendment bona fide — Whether prejudice caused to opposing party — Whether amendment alters character of suit — Rules of the Supreme Court 1990, Order 15 rule. 4; Order 20 rules 5 & 8 Evidence — Admissions on pleadings — Whether assertion of fact in a pleading constitutes evidence-Admission by Defendant in Defence of registered ownership of vehicle — No evidence adduced to contradict admission — Whether Court entitled to accept assertion as truth of fact at interlocutory stage — Road Traffic — Negligence — Registered owner of
motor vehicle — Statutory liability of owner for negligent driving — Section 86 of the Road Traffic Act (Cap. 68)]
Decision date: 19 May 2026
Civil Suit No. 39 of 2020
[Civil Law – Appeal – Security for Costs — Appeal against Registrar’s refusal — Order 23 Rule 1, Rules of the Supreme Court (Cap. 5) — Plaintiff ordinarily resident out of jurisdiction — whether just to order security — relevant factors — merits of claim — delay in application — oppression and access to justice — absence of affidavit in opposition — whether deemed admission — financial means of Plaintiff — enforceability of foreign judgments — costs in any event]
Decision date: 14 May 2026
Criminal Trial No. 18 of 2025
[Sentencing – D1 & D2 – house trespass – common intention – section 451 of the Penal Code, Cap 22 read with section 34 of the same – convicted after trial – antecedents]
Decision date: 13 May 2026
Criminal Trial No. 18 of 2025
[Criminal law – Judgment – D1 & D2 – house trespass – common intention – Jointly charge – section 451 of the Penal Code, Cap 22 read with section 34 of the same – plead not guilty – trial]
Decision date: 7 May 2026
Criminal Trial No. 6 of 2026
[Criminal law – Offences against properties – 1 charge under Section 454 of the Penal Code (Cap. 22) – housebreaking with intent to commit theft – 2 charges under section 447 of the Penal Code – criminal trespass – 4 charges under section 379 of the Penal Code – plead guilty to all charges – history of previous convictions – repeat offender – deterrent sentence]
Decision date: 22 Apr 2026
Civil Suit No. 3 of 2024
[Civil Procedure — Order 18 rule 18 — Striking Out — Pleadings — Distinction between material facts and evidence — Alleged failure to maintain vehicle — No specific defect pleaded — Whether claim is plainly unsustainable — Triable issues present]
Decision date: 21 Apr 2026
Criminal Motion No. 1 of 2026
[Criminal Procedure — Leave to appeal out of time — Delay — No satisfactory explanation — Whether appeal has merit — Sentencing — Fine — Extension of time to pay — Financial hardship — No realistic ability to pay — No repayment plan — Whether extension justified held — Application dismissed — Appeal devoid of merit — No practical basis to extend time — Sentence and grace period proper]
Decision date: 13 Apr 2026
Criminal Appeal No. 19 of 2025
[Criminal Law — Sentence — Multiple offences — Unlicensed practice of medicine — Importation of unregistered medicinal products — Totality principle — Consecutive and concurrent sentences — Whether aggregate sentence manifestly excessive — Whether facilitative regulatory offence should run consecutively — Appeal allowed in part — Aggregate sentence reduced]
Decision date: 4 Apr 2026
Originating Motion No. 4 of 2025
[Insolvency — Provable debts — LAD accruing post-liquidation — Cut-off at date of winding-up — Post-liquidation accrual excluded — Application dismissed]
Decision date: 19 Mar 2026
Criminal Trial No. 13 of 2025
[Criminal law – Bail Application – Application dismissed]
Decision date: 28 Jan 2026
Originating Summons No. 44 of 2014
[Civil Procedure — Pleadings — Amendment — Appeal by way of rehearing — Late amendment — No affidavit explaining delay — Introduction of new and potentially dispositive defence — Prejudice — Discretion — When amendment should be refused]
[Contract — Repudiation — Distinction between breach and repudiation — Election — Contract Act (Cap. 106) — Limitation defence — Futility]
[Practice and Procedure — Registrar’s decision — Appeal — Rehearing — Discretion to allow amendment — Ketteman & Ors v Hansel Properties Ltd & Ors applied]
Decision date: 26 Jan 2026
High Court Criminal Motion No. 20 of 2025
[Criminal law – Application for leave to appeal out of time – Bail Application denied by Magistrate – No likelihood appeal to succeed – Application Dismissed]
Decision date: 21 Jan 2026
Civil Appeal No. 14 of 2024
[Civil: Appeal from Judge’s ruling refusing an appeal from Registrar’s ruling that action deemed automatically discontinued, pursuant to O.21, r.2(6) RSC, and refusing reinstatement under O.21, r.2(10) RSC, dismissed]
Decision date: 20 Jan 2026
Civil Suit/COM No. 109 of 2017
[Civil Procedure – Application for leave to appeal to the court of appeal and extension of time to file appeal – factors to consider when allowing leave to appeal – in this case no prospect of success – application dismissed]
Decision date: 18 Dec 2025
Petition No. 19 of 2025
[(i). The Petitioner has not demonstrated the necessity or expediency required under s42 of the Probate and Administration Act; (ii). The undertaking in force provides adequate protection of the disputed assets pending the determination of Originating Summons no.13 of 2023. The Court may direct that it be reinforced by a statutory declaration by the 1st Respondent; (iii). The appointment of an administrator pendente lite would be unnecessary and disproportionate; (iv). The Petition is dismissed; and (v). Costs to the Respondent, to be taxed if not agreed]
Decision date: 17 Dec 2025
Criminal Appeal No. 24 of 2025
[Criminal law — Bail — Revocation — Accused charged in separate case while on bail — Breach of bail conditions — Failure to remain contactable — Proper exercise of discretion — Appeal dismissed]
Decision date: 17 Dec 2025
Criminal Appeal No. 21 of 2025
[Criminal Appeal – Extension of time to pay fine – Sentencing discretion – Ability to pay – Unrealistic repayment proposal – No merit in appeal – Appeal dismissed]
Decision date: 13 Dec 2025
Companies Winding Up No. 4 of 2025
[ Winding-up – Stay pending appeal – Leave to appeal – Arbitration agreement – Derment arbitration.]
Decision date: 6 Dec 2025
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