by Boaz KaaweAIDA ATIKU VERSUS CENTENARY DEVELOPMENT BANK LIMITED CIVIL SUIT NO. 0754 OF 2022 (HIGH COURT OF UGANDA)
By Boaz Kaawe LL.B. (Hons), Bar Candidate (2022) BRIEF FACTS: On 2nd January 2020, Aida Atiku opened up a personal savings account at Centenary Bank and deposited UShs.56, 320,000. She then made one withdrawal of UShs. 700,000 on the 13th January, 2020. When she went to the bank to withdraw the rest of the money on the 27th August 2020, she was shocked to learn that her account had zero...
by Boaz KaaweCOMPARISON BETWEEN THE PROCEDURE OF MAKING ORAL WILLS IN KENYA, UGANDA, NIGERIA, SOUTH AFRICA, RWANDA AND TANZANIA
By Boaz Kaawe In the domain of African Probate and Administration laws, the procedure for making an oral will does exist. Many do not know, but it is possible to make an oral will subject to the various laws that the subject countries apply. These are interrogated below with a view to compare, interrogate, inform and educate. KENYA This is governed by the Law of Succession...
by Boaz KaaweCASE BRIEF THE STATE OF MAHARASHTRA -VS- DR. PRAFUL B. DESAI (2003)4 SCC 601
BY BOAZ KAAWE The case came as an appeal from the Bombay High court judgement; that ‘evidence cannot be recorded by video conferencing in a criminal trial.’ 1. FACTS: 1.1. The complainant’s wife was suffering from terminal cancer. The complainant’s wife was examined by Dr. Ernest Greenberg of Sloan Kettering Memorial Hospital, New York, USA, who opined that she was inoperable and...
by Boaz KaaweCASE BRIEF Okiya Omtatah Okoiti and Wyclife Gisebe Nyakina -vs- the Attorney General and 4 others Civil Application No. 15 of 2015 (UR 152015)
By Boaz Kaawe 1. Facts: 1.1. The petitioners (Okiya Omtatah Okoiti and Wyclife Gisebe Nyakina) on the 5th of February 2014, had invited the High Court to intervene and stop the contracting of the China Road and Bridge Corporation (the-4th respondent) to implement the Mombasa-Nairobi-Malaba/Kisumu standard gauge railway on grounds of flagrant violation of the 2010 constitution of Kenya; which...
by Boaz KaaweCASE BRIEF Non-Governmental Organisations Co-ordination Board –vs- E.G and 5 others Civil Appeal No. 145 of 2015
By Boaz Kaawe 1. PRIOR PROCEEDINGS: 1.1. The background to the appeal is that the 1st respondent floated three names under which he sought to register a non- governmental organisation with the appellant, seeking to address human rights abuses and violations suffered by the Lesbian, Gay, Bisexual, Transgender, Intersex and Queer persons (LGBTIQ) in this country, and the request was rejected by...
by Boaz KaaweCASE BRIEF LOISE NDUTA ITOTI -VS- AZIZA SOUD HAMISI CIVIL APPEAL NO.84 OF 2019
By Boaz Kaawe 1. FACTS: 1.1. The Respondent (Aziza Soud Hamisi) by an amended originating summons dated 16th October 2015 asked the Environment and Land Court at Malindi to determine among other issues; whether she was entitled to the disputed land (Plot No.MN/III/506) by virtue of adverse possession and whether the Registrar of Titles Mombasa District Land Registry could issue a provisional...
by Boaz KaaweCASE BRIEF Cyprian Andama -vs- DPP and Another, Article 19 East Africa (Interested Party) (2019) Eklr
Facts of the Case 1. The Petitioner sought to challenge the constitutional validity of Section 84D of the Kenya Information and Communication Act on the basis that it criminalizes the publishing of obscene information in electronic form in vague and overboard terms thereby limiting the constitutionally guaranteed freedom of expression and right to information. 2. The petitioner had been...
by Boaz KaaweCASE BRIEF The Minister of Safety and Security and Another versus Sizwe Alfred Gaqa (19002) (2002) ZAWCHC 9 (26 February 2002)
By Boaz Kaawe FACTS; The Applicants in this case sought sanctions to have a bullet that was suspected to be in the respondent’s leg removed for ballistic tests. They had reason to believe that the respondent (Sizwe Alfred Gaqa) was shot and injured in the course of a botched robbery in which victims were killed. The Respondent (Sizwe Alfred Gaqa) had been detained at New Crossroads, with both...
by Boaz KaaweCASE BRIEF State –vs- Truphena Ndonga Aswani Criminal Case No. E011 OF 2020
By Boaz Kaawe LL.B., Dip in Law (2021) 1. FACTS: 1.1. On the 14th day of December, 2020 in Ugenya Sub County within Siaya County, Truphena Aswani (the accused) murdered James Oyengo Obochi. The accused was arraigned for Plea taking on 27/1/2021, and on being asked whether she admits or denies the truth of the charge as read to her in the Kiswahili language which she understood, she replied in...
by Boaz Kaawe