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Recent Judgments

Court extended Letters of Administration two years because most beneficiaries consented, requiring a final account in one year.
Succession law - Letters of Administration - renewal and extension - beneficiaries' consent - section 337(4) Succession Act - final account - no costs.
17 February 2026
Registered title confirmed but long-standing occupants granted security of occupancy; eviction and damages denied.
Land law – registered title – indefeasibility and conclusive proof of ownership – security of occupancy – bona fide occupants with long possession – trespass – refusal of eviction, injunction, mesne profits and damages.
17 February 2026
Appeal allowed: sale did not vest ownership in unadministered estate, but open possession created an equitable, protectable interest.
Succession and land law — identity and misnomer — disputed execution of documents — burden of proof under Evidence Act (ss.66,101) — enforceability of transactions over unadministered estate land — equitable/possessory interests, acquiescence and protection against successors — trespass and possession.
17 February 2026
Prison transfer causing non‑attendance and arguable grounds justified reinstatement of a dismissed criminal appeal.
Criminal procedure — Reinstatement of dismissed appeals — Discretion under Section 37 Judicature Act — Sufficient cause (prison transfer and lack of legal aid) — Severability of falsehoods in affidavits — Assessment of arguable merits before reinstatement.
17 February 2026
Appeal dismissed: the appellant’s theft conviction upheld; sentence lawful and not manifestly excessive.
Criminal law – Theft – Entrustment of goods and dishonest conversion – Inference of intent from conduct – Material contradictions in prosecution evidence – First appellate re-evaluation of facts – Sentence within statutory limit and consecutive term discretionary.
17 February 2026
The court affirmed LCII original jurisdiction in customary land disputes and quashed the Chief Magistrate's orders.
Local Council courts — LCII original jurisdiction in customary land disputes — Stare decisis and binding Court of Appeal precedent — Parties cannot consent to oust jurisdiction or validate illegality — Quashing of Chief Magistrate’s orders restoring LCII and LCIII judgments.
17 February 2026
Guarantors under a consent on execution are not enforceable until statutory execution modes against the principal debtor are exhausted.
Contracts Act – guarantee – guarantor liability accrues upon principal debtor’s default and after exhaustion of statutory modes of execution; Civil Procedure Act – modes of execution; Procedure – service of notice of motion; Registration of Persons Act – national ID cannot be used as collateral; Inherent powers of court – judge’s direction lawful.
17 February 2026
Appeal against refusal of leave to appear and defend in a summary suit is incompetent without prior leave.
Civil procedure — Summary suit — Application for leave to appear and defend under Order 36 r.5 — Appealability — Order 44 r.2 and s.76 Civil Procedure Act — Appeal incompetent without prior leave.
17 February 2026
Application to set aside dismissal of appeal dismissed for late Memorandum and wrong procedural route.
Civil procedure – Appeals – Memorandum of Appeal vs Notice of Appeal – Time limits under Section 79 and Order 43 CPR – Failure to obtain certified record not an excuse – Proper procedure to challenge dismissal: leave to appeal under Order 44.
16 February 2026
Appellant failed to prove exclusive possession; locus in quo and untendered mediation report supported respondents’ title; appeal dismissed.
Land law – trespass and possession – burden of proof for actual and exclusive possession; locus in quo – role in testing oral evidence; boundary evidence – anthills, sisal, trees; mediation proceedings – admissibility and estoppel.
16 February 2026
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