Judgments

• Procedural law – Striking out – Rule 65(1)(b) & (c) – Failure to pursue case and where continuation no longer justified. • Duty of diligence – Applicant’s obligation to maintain contact with counsel and pursue proceedings. • Restoration – Struck-out applications may be restored on showing good cause under Rule 65(3).

Family/customary land – declaration of title – burden of proof on plaintiff; customary grants and gifts of family land; long possession as evidence of ownership; compensation for reclamation not establishing transfer absent family consent.

Land law — Declaration of title — Burden of proof on plaintiff to establish ownership by clear and acceptable evidence — Family/customary grants and gifts of land — Long possession and unchallenged evidence amounting to admission — Reclamation for development requires proof of family consent.

* Civil procedure – Reopening of pleadings – Court’s discretion under Rules 46(3), 46(4) and inherent powers (Rule 90) – Admission of late submissions after close of pleadings to consider subsequent domestic legislation. * Human rights – Consideration of new electoral legislation (Independent National Electoral Commission Act No.2 of 2024) where relevant to pending Charter-based claims.

* Family law – Matrimonial property – Section 21(1) Matrimonial Causes Act – property completed during marriage treated as matrimonial asset; entitlement may arise absent direct documentary proof of contribution. * Evidence – Burden to prove ownership or contribution – documentary proof required to establish claims to specific assets. * Distribution – valuation and equitable share where construction completed in marriage (20% awarded).

* Human rights – Elections – Alleged curtailment of rights to campaign and participate through appointment of electoral commissioners and discriminatory electoral practices. * Procedure – Reopening pleadings – Court’s discretion under Rule 46(3) and inherent power under Rule 90. * Evidence – Admission of additional submissions/evidence post-pleadings in interest of justice. * Case management – Denial of extraordinary-session decision; imposed filing timelines.

Land law – declaration of title and recovery of possession; interlocutory and perpetual injunctions; admissions in court as conclusive evidence; claim of matrimonial interest – burden to prove marriage and financial contribution; sufficiency of lease with schedules as evidence of title.

Employment law – Summary dismissal – Allegation of theft unproven; investigative committee report not determinative – Employer must prove misconduct before summary dismissal under collective agreement and Labour Act; Natural justice – query, response and disciplinary inquiry sufficient where collective agreement provides procedure; Remedies – reinstatement, back pay, damages and costs for wrongful dismissal.

Employment law – Termination of employment – Payment in lieu of notice; Compliance with express contract terms; Requirement for written notice in statute versus the parties’ contractual terms; Burden of proof in unfair dismissal claims.

* Labour law – Collective Bargaining Agreement – Out-of-station/night subsistence and accommodation; * Distinction between a transfer and a temporary assignment for special duties; * Entitlement to allowances where employee required to spend nights away from recognized station; * Proof on balance of probabilities; * Interest and costs awarded.

Labour law – Termination of employment – Section 17 Labour Act (Act 651) – pay in lieu of notice; HR manual as policy not contract; unfair dismissal burden under Section 63(4); evidential burden for payment claims (bank statements, contract).

* Labour law – unfair termination – Section 63(4) Labour Act – requirement to prove fair reason and fair procedure; impartiality in disciplinary/termination processes. * Criminal law overlap – extortion/blackmail: negotiation and threat definitions; counter-offer and threat to litigate are not extortion. * Evidence – civil standard of proof (preponderance) for unfair dismissal; higher standard if criminal allegation. * Administrative law – bias and acting as judge in one’s own cause (Article 23).

Assault and battery – burden and standard of proof – Evidence Act (NRCD 323) – necessity of corroboration – police report as evidence – brawl initiated by plaintiff – dismissal for failure to prove claim; costs awarded.

* Contract — payment for travel services — liability to refund where services not rendered and payments retained. * Evidence — burden and standard in civil claims; documentary proof required to substantiate payments and refunds. * Interest — award of pre-judgment interest where money is retained since a specified date. * Damages — claim for general damages dismissed for lack of pleaded and evidential support. * Costs — successful claimant awarded specified costs.

Chieftaincy appeals; Article 131(4) Constitution; Article 131(2) special leave; Supreme Court Rules C.I.16 rr.7(1) & 30; time limits for leave to appeal; prima facie error; finality of chieftaincy disputes; key precedents Imbeah v Ababio, Afendza III, Dolphyne.

* Chieftaincy law – National Register of Chiefs – alteration of entries – right to be heard before orders affecting statutory chieftaincy rights (s.57(5) Chieftaincy Act, 2008). * Procedural fairness – audi alteram partem – personal nature of rights cannot be cured by hearing of related persons. * Judicial review – certiorari – quashing of judgments made in absence of affected party; reliance on Ex parte Hawa Yakubu precedent. * Civil Procedure – Order 55 High Court (Civil Procedure) Rules, 2004 (C.I.47) – notice and hearing requirements.

Contempt of court – procedure for citing alleged contemnor ex facie curiae – bench warrant vs summons – audi alteram partem – jurisdictional nullity ab initio – certiorari – judicial bias and presumption of innocence.

Land law – Proof of title by deed and continuous possession – Trespass – Reliefs: recovery of possession, perpetual injunction, general damages and costs – Civil procedure: court may proceed in absentia where defendants fail to participate.

Civil procedure – Service of process; jurisdiction depends on valid service – Substitution of parties; substitution cannot cure lack of service – Deceased parties; substitution of non-parties void ab initio.

* Civil procedure – summary judgment – failure to file opposing affidavit – absence of defence allows entry of summary judgment * Civil procedure – evidentiary weight of supporting affidavit and exhibits where respondent offers no opposition * Costs – award of costs on summary judgment application

Capacity to sue — necessity of Letters of Administration or proper authority when claiming estate property; power of attorney limits; issuing proceedings without sealed Letters renders action incompetent; repetition after dismissal may amount to abuse of process.

* Planning law – Requirement for building permits – Local Government Act 2016 (Act 936) – Unauthorized development. * Property/easement – Claim of public right of way – burden to prove open and continuous use/enforcement of layout plans. * Evidence – Burden of proof on claimant in civil matters; role and weight of expert Town and Country Planning evidence. * Administrative responsibility – District Assemblies’ duty to regulate development and consequences of lax enforcement.

Family law — Distribution of matrimonial property — Presumption that property acquired during marriage is joint but rebuttable by cogent evidence — Article 22(3): equal access vs equitable distribution — Appellate rehearing and evaluation of evidence — CI.19 Court of Appeal Rules and procedural objections — Polygamous marriage considerations — Court’s discretion under Matrimonial Causes Act s20 to make equitable settlements.

Human rights — Female genital mutilation (FGM) — State obligation to enact criminalizing legislation (Maputo Protocol Art.5; ACRWC Art.21) — Due diligence to prevent, investigate and prosecute private perpetrators — Right to effective remedy and security of the person — FGM as inhuman/degrading treatment; torture standard not met — Reparations and legislative and administrative measures ordered.

Revision of judgment – Article 27 Protocol – requirement of new and decisive fact unknown to Court and parties – admissibility – jurisdiction to entertain revision – legal grounds previously raised are not 'new facts' – res judicata and standing arguments considered in original judgment – costs awarded to successful respondent.

* Banking law – Recovery of loan – plaintiff must prove indebtedness on balance of probabilities; exhibits must show nexus to reliefs. * Contract – Restructured loan agreement (Exhibit A) establishes principal and interest terms; 30% per annum applies. * Evidence – burden of proof, insufficiency of unsubstantiated accounting complaints; party alleging anomalies must prove them. * Guarantees – directors who executed guarantees are jointly and severally liable for principal and interest. * Property procedure – judicial sale cannot proceed where mortgages are not tendered and mortgagors/owners are not parties.

Commercial law – Loan restructuring and overdraft conversion – Burden of proof in civil claims – Bank statements as evidence – Joint and several guarantees – Judicial sale of mortgaged property requires mortgagor/production of mortgage instruments.

Commercial law – Loan and security – Burden of proof in establishing indebtedness; loan restructuring and guarantors’ joint and several liability; computation of interest; inadmissibility/insufficiency of bank statement evidence to prove claimed balance; judicial sale relief unsustainable where mortgages not tendered and mortgagor not party; estoppel and third‑party dependence not established.