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Citation
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Judgment date
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| December 2014 |
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A prisoner who timely notifies intention to appeal may get extension where prison authorities' delay prevented filing.
Criminal procedure - sections 361(1) and 363 CPA - prisoner’s notice of intention to appeal - duty of prison authorities to transmit appeal documents - extension of time where delay attributable to prison officials - reasonableness of affidavits from prison officers.
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12 December 2014 |
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Failure to prove the dates specified in the charge is a fatal defect; conviction unsustainable and appeal dismissed.
* Criminal law – Particulars of offence – Necessity to prove the date/period alleged in the charge – Material uncertainty as to time vitiates conviction.
* Criminal procedure – Duty of the prosecution – Correct framing of charges and proving particulars at trial.
* Evidence – Inconsistency between charge sheet and witness testimony (child victim and medical examiner) – Fatal defect not curable under s.394(1)(a) CPA.
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11 December 2014 |
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Trial judge’s pre-formed conclusion of guilt and reliance on unadmitted statements denied the appellant a fair trial; retrial ordered.
* Criminal procedure – fair trial – impartial tribunal – trial judge forming conclusive view of guilt before defence heard amounts to bias and vitiates trial. * Evidence – alleged confessional statements – reliance on statements not tendered in evidence is improper. * Constitutional law – Article 13(6)(a) right to fair hearing; international fair trial guarantees. * Remedy – nullification of trial, conviction and sentence; retrial ordered where public interest permits.
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11 December 2014 |
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Appellate court reduced a manifestly excessive manslaughter sentence after trial judge failed to weigh key mitigating factors.
* Criminal law – Sentencing – Reduction of sentence for manslaughter – Appellate interference where sentence is manifestly excessive or material mitigating factors ignored.
* Sentencing principles – Weight of guilty plea, intoxication, remand custody and family dependents as mitigating factors – Aim of punishment is reformation.
* Procedure – Trial judge must state and consider specific mitigating factors and articulate sentencing objective.
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11 December 2014 |
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Court reduced a seven-year manslaughter sentence for failure to consider key mitigating factors, ordering immediate release.
Criminal law – Sentencing – Manslaughter – Whether a custodial sentence is manifestly excessive where trial judge failed to specify consideration of material mitigating factors (first offender status, intoxication, lengthy remand, guilty plea, family dependence, ill-health) – Remedy: reduction to time already served resulting in immediate release.
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10 December 2014 |
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Appellant’s provocation defence rejected; killing found premeditated, conviction and death sentence upheld.
* Criminal law – Murder – provocation – requirement of sudden loss of self-control; timing of alleged provocation crucial. * Confessional statements – admissibility and evidential weight; corroboration by post-mortem injuries. * Forensic pathology – nature and severity of wounds as evidence of premeditation versus accident. * Appeal – appellate review of trial judge’s assessment of credibility and assessors’ unanimous verdict.
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5 December 2014 |
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Extension of time granted where late supply of the decree (required for stay application) constituted good cause.
* Civil procedure – extension of time – Rule 10 Court of Appeal Rules – discretionary power to extend time on good cause shown.
* Stay of execution – Rule 11(2)(c) – requirement to attach copy of decree to application for stay – late supply of decree as ground for extension.
* Unopposed applications – absence of affidavit in reply strengthens grant of relief when good cause shown.
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5 December 2014 |
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An appeal instituted after the 60‑day rule 90(1) period without extension is time‑barred and was struck out.
Civil procedure – Appeals – Time limits – Rule 90(1) Court of Appeal Rules – appeal must be instituted within 60 days of lodging notice – failure to institute within 60 days without applying under rule 10 for extension renders appeal incompetent and liable to be struck out; Court may raise procedural non‑compliance suo motu; costs where defect raised by Court.
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3 December 2014 |
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Conviction for rape of a three‑year‑old upheld on corroborated evidence; compensation order set aside for lack of hearing on ability to pay.
* Criminal law – rape of a child – conviction based on flagrante delicto, corroborated eyewitness and medical evidence; proof of penetration in a toddler. * Evidence – single witness sufficiency and corroboration; not every discrepancy will defeat prosecution. * Procedure – compensation order requires assessment of accused’s means and right to be heard. * Sentencing – mandatory life imprisonment under section 131(3) upheld.
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3 December 2014 |
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Appeal allowed: conviction quashed due to inadequate circumstantial evidence and faulty summing up to assessors.
Criminal law – Murder – Circumstantial evidence — requirement that inculpatory facts exclude every reasonable hypothesis of innocence; Evidence – Search and seizure — improperly conducted search vitiates recovered evidence; Criminal procedure – Dying declaration — need for corroboration where relied upon for conviction; Practice — inadequate summing up to assessors on vital legal point renders trial a nullity.
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2 December 2014 |
| November 2014 |
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Record of appeal lacking trial‑endorsed exhibits was fatally defective; appeal struck out, no costs (point raised suo motu).
Civil procedure – Record of appeal – Requirement that copies of documentary exhibits in the record be the actual documents received and endorsed by the trial court (Order XIII r.4 CPC) – Rule 89(1)(f) Court of Appeal Rules – Non‑compliance renders record fatally defective – Appeal struck out.
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28 November 2014 |
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A material variance between the charged date and prosecution evidence warrants acquittal and quashing of conviction.
Criminal law – material variance between charge and evidence regarding date of offence; particulars in charge are material; duty to amend charge and recall witnesses where dates differ; failure to cure variance results in acquittal and quashing of conviction.
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28 November 2014 |
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Applicant failed to show good cause for a two-year delay and did not specify Rule 66 grounds; extension dismissed.
* Appeals and procedure – extension of time – Rule 10 – applicant must show good cause for delay; mere ignorance or prison constraints insufficient. * Review – Court of Appeal – Rule 66(1)(a)–(e) – review is exceptional, not automatic; applicant for extension must state and support which Rule 66 grounds will be relied upon.
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28 November 2014 |
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Applicant's uncorroborated prison-shortage claim failed to establish good cause for an extension of time.
Criminal procedure – extension of time – Rule 10 Court of Appeal Rules 2009 – "good cause" – requirement for corroboration of institutional impediments – affidavit from prison authority; unsubstantiated assertions fatal to extension application.
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28 November 2014 |
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An appeal is incompetent and must be struck out if the notice of appeal is filed outside the extended time.
* Criminal procedure — Appeal competence — Notice of appeal — Time limits and extensions; failure to comply renders appeal incompetent. * Court Rules (Rule 68(1)/Rule 61) — Notice of appeal is mandatory to institute criminal appeal. * Procedural compliance — Memorandum of appeal filed outside time ordered by court — consequences: appeal struck out.
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28 November 2014 |
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Court granted leave to withdraw an application for extension of time to file a review where the respondent raised no objection.
* Civil procedure – Withdrawal of application – Leave to withdraw – Grant of leave under Rule 58(3) where respondent raises no objection; * Court of Appeal Rules – Rule 66 (extension of time to apply for review) and Rule 58(3) (withdrawal of application).
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27 November 2014 |
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Court granted leave to withdraw an application for extension of time to file a review, allowing refile.
Civil procedure — Application for extension of time (Rule 66) — Withdrawal of application with leave to refile — Grant of leave where respondent does not object — Rule 58(3) Court Rules.
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27 November 2014 |
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A subordinate court’s trial and conviction for an economic offence without DPP consent is a nullity and must be quashed.
* Criminal law – Jurisdiction – Economic offences – Requirement of DPP’s prior consent under section 26(1) of the Economic and Organised Crimes Control Act – absence vitiates trial. * Transfer certificates under section 12(3) do not substitute for DPP consent. * Appellate revisional powers (Appellate Jurisdiction Act s.4(2)) to quash null proceedings and order release. * Consequence: convictions and sentences obtained without required DPP consent are set aside.
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27 November 2014 |
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Preliminary objections requiring factual inquiry cannot be decided summarily; amendment of the revision application was permitted.
Companies law – winding-up proceedings – withdrawal and transfer of company affairs – locus standi – abuse of court process – preliminary objections must be pure points of law; factual issues require full hearing (Mukisa test).
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27 November 2014 |
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Extension of time to file review denied where applicant failed to specify the rule 66(1) grounds required by the Rules.
* Civil procedure – Extension of time (rule 10) – Application for review – Requirement to state one or more grounds of review under rule 66(1) – Failure to do so merits dismissal.* Court of Appeal Rules, 2009 – rule 66(1) strictly limits review grounds – safeguards against re-opening appeals.
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27 November 2014 |
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Prisoners have no automatic right to review; extension of time requires showing good cause and specifying grounds under the Rules.
* Criminal procedure – review – no automatic right for prisoners to apply for review; review governed by Rule 66 of the Court of Appeal Rules, 2009. * Civil procedure – extension of time – applicant must show 'good cause' under Rule 66(3) and specify grounds under Rule 48(1). * Insufficiency of general assertions or bare appeals to 'interest of justice' to constitute good cause.
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26 November 2014 |
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Wrong citation of procedural rule renders an application incompetent; single-Judge decisions require reference under Rule 62(1)(a).
* Criminal procedure – challenge to single Judge's decision – must be by reference under Rule 62(1)(a), not by review under Rule 66(1).
* Civil/criminal procedure – wrong citation or omission of applicable rule renders application incompetent and liable to be struck out.
* Appellate jurisdiction – revisional powers under s.4(2) AJA to correct High Court's erroneous order when functus officio.
* Extension of time – after revision, applicant may apply to Court of Appeal for extension to file notice of appeal.
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25 November 2014 |
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Daylight identification and unchallenged evidence upheld; cautioned statement excluded but conviction affirmed.
* Criminal law – armed robbery – identification evidence – daylight, prior acquaintance and time to observe support reliable identification.
* Evidence – admissibility of cautioned statements – requirement to apply s.169 Criminal Procedure Act before admitting evidence obtained in alleged contravention of statutory rights.
* Procedure – non-production of PF3 – absence not fatal where other uncontroverted medical and oral/confessional evidence exists.
* Appellate practice – appellate court will not consider issues not raised or decided in lower courts.
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24 November 2014 |
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Family-witness evidence, expunged PF3, and absence of in-camera trial did not overturn statutory rape conviction.
* Criminal law – sexual offences – statutory rape – proof of victim’s age; family witnesses’ credibility. * Evidence – medical report (PF3) – admission under s.240(3) Criminal Procedure Act – right to summon/report author – illegal admission and expunction. * Criminal procedure – requirement to sit in camera in sexual offences involving children – proceedings not automatically void absent miscarriage of justice. * Confession – cautioned statement admitted voluntarily and corroborative.
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21 November 2014 |
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A purchaser is not bound by a vendor’s oral lease liabilities unless the sale expressly transfers those liabilities.
* Land law – lease – purchaser of land – whether purchaser assumes vendor’s tenancy liabilities absent express sale terms – presumption purchaser takes assets only.
* Civil procedure – joinder – necessity to join vendor to claim arising from lease executed with vendor.
* Evidence – proof on balance of probabilities – insufficiency of documentary attestation without attesting witness and lack of proof of alleged loss.
* Appellate review – assessment of trial chair and assessors’ opinions – discretionary evaluation of evidence.
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18 November 2014 |
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Court stayed execution of a labour award pending determination of the applicant's revision application.
Labour law – Stay of execution of CMA award – Application under Rule 4(2)(a) Court of Appeal Rules 2009 – Revision application pending – Garnishee proceedings may prejudice pending revision – Stay granted; no costs ordered.
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18 November 2014 |
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Application for release struck where applicant failed to produce a valid Notice of Appeal to establish Court of Appeal jurisdiction.
Criminal procedure — Appeal initiation — Requirement to produce a copy of the Notice of Appeal (Form B/1) to vest Court of Appeal jurisdiction; Exchequer receipts and registry correspondence insufficient as substitute proof; Rule 68 and Rule 75 compliance; Rule 4(2) relief conditional on proof of instituted appeal.
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3 November 2014 |
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Section 4(3) applies only to proceedings still before the High Court; application for revision struck out.
Appellate procedure — Revisional jurisdiction under s.4(3) Appellate Jurisdiction Act — "Before the High Court" means proceedings still under the High Court's cognisance; s.4(3) inapplicable once appeal lodged — s.4(2) revisional powers exercisable by the Court during appeal; parties may draw attention to illegality.
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3 November 2014 |
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High Court's summary rejection of a certificate application for failure to annex the decision was irregular; order quashed and rehearing directed.
* Appellate procedure – Certification of point of law under s.5(2)(c) Appellate Jurisdiction Act – Applicability of rule 49(3) – Irregularity of summary rejection for failure to annex decision; * Revisionary jurisdiction – s.4(3) Appellate Jurisdiction Act – Power to quash and restore applications; * Procedural fairness – rehearing by another High Court Judge.
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3 November 2014 |
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A Rule 65 revision was incompetent; revisional jurisdiction lies under section 4(3) of the Appellate Jurisdiction Act.
* Civil procedure – Competence of applications – Whether a revision brought under Rule 65 of the Court of Appeal Rules is competent where revisional jurisdiction is under section 4(3) of the Appellate Jurisdiction Act. * Appellate procedure – Remedy after refusal of leave by High Court – requirement to apply afresh for leave (and for extension of time if necessary). * Representation – treatment of unrepresented/indigent applicants and availability of legal aid options.
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3 November 2014 |
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Illegally obtained confession and defective chain of custody made recent-possession inference and murder conviction unsafe.
Criminal law — Confession — Admissibility — Cautioned statement recorded outside statutory basic period (s.50 CPA) without extension (s.51) — Illegally obtained confession excluded; Identification — Standards under Waziri Amani — Unreliable identification at night; Doctrine of recent possession — Requires cogent proof that items possessed are those stolen and a proper chain of custody — Absence of custody trail and witness contradictions may permit tampering; Burden and standard of proof — Prosecution must prove guilt beyond reasonable doubt.
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3 November 2014 |
| October 2014 |
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Whether a Notice of Appeal should be struck out where respondents concede and failed to obtain leave to appeal.
* Civil procedure – striking out Notice of Appeal – application under Rule 89(2) – concession by respondents’ counsel at hearing – failure to apply for leave to appeal in land matter – costs awarded to successful applicant.
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31 October 2014 |
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Issue estoppel precluded reuse of previously rejected visual identification; medical causation was inconclusive, so murder convictions quashed.
Criminal law — Issue estoppel bars relitigation of a factual issue previously decided in favour of the accused; visual identification — when prior appellate finding precludes re‑admission of same identification evidence; Double jeopardy — distinct from issue estoppel and does not prevent prosecution for a different offence arising from same transaction; Evidence — post‑mortem must exclude natural causes to establish death was unlawful.
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31 October 2014 |
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Court quashed High Court's summary rejection of a certificate application and restored the application for rehearing by another judge.
* Appellate Jurisdiction Act s.5(2)(c) – certificate on point(s) of law – distinction from leave to appeal. * Court of Appeal Rules 2009 r.49(3) – annexure requirement – scope and applicability. * Appellate Jurisdiction Act s.4(3) – power to examine and revise High Court orders. * Procedural irregularity – summary rejection quashed; application restored and remitted for rehearing.
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31 October 2014 |
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Conviction quashed where information was defective and the guilty plea and sentencing procedures were fundamentally irregular.
Criminal procedure – defective information – omission to name deceased; statutory requirements of s.135 CPA; plea-taking – requirements of s.282 CPA and need to record accused’s own words; inadmissibility of counsel admitting facts on accused’s behalf; conviction after mitigation and improper sentencing; relief by quashing conviction and setting aside sentence; DPP discretion to re‑charge.
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30 October 2014 |
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Statutory rape conviction upheld where victim's age was established by unchallenged evidence; second-appeal issues not entertained.
* Criminal law – Statutory rape – victim's age established by unchallenged testimony and corroboration by accused – failure to cross-examine implies acceptance of evidence.
* Evidence – Parental testimony on child's age treated as cogent evidence.
* Appellate procedure – Second appeal cannot entertain matters not raised or decided in the first appellate court.
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30 October 2014 |
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Retracted confession was admissible and corroborated; malice aforethought established, appeal dismissed.
Criminal law – admissibility of extra-judicial/confessional statement – voluntariness and trial-within-trial; Retracted confession – need for independent corroboration; Malice aforethought – inference from weapon used, injuries inflicted, motive and conduct; Appellate review of credibility findings.
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30 October 2014 |
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Failure to enter a conviction before sentencing under section 235(1) renders the sentence and subsequent appeals incompetent; record remitted for lawful conviction and sentencing.
Criminal procedure – mandatory requirement to enter conviction before sentence (s.235(1) Criminal Procedure Act) – failure to enter conviction renders sentence and judgment a nullity – appeal based on incompetent judgment is incompetent – Court of Appeal’s revisional powers (s.4(2) Appellate Jurisdiction Act) to nullify and remit for proper conviction and sentencing – credit for time served.
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30 October 2014 |
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Appeal struck out as time-barred because the applicant failed to show the request for proceedings was copied to the respondent.
* Civil procedure – Appeals – Time limit for instituting appeal – Rule 90(1) Court of Appeal Rules 2009 – proviso and Rule 90(2) require written application for copies to be copied to and served on respondent.
* Civil procedure – Preliminary objections – Notice and service – Rule 107(1) requirements for service of notice of preliminary objection.
* Appeals – Record of appeal – missing pages – not determinative where appeal is time-barred.
* Jurisdiction – Court will raise and determine sua sponte jurisdictional defects (time bar).
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30 October 2014 |
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Appeal struck out as time‑barred because request for trial copies was not shown to be copied to the respondent.
Court of Appeal rules — time limits for instituting appeal — Rule 90(1) and (2) — requirement that application for copy of proceedings be in writing and a copy served on respondent — effect of non-compliance; preliminary objection procedure — Rule 107(1) — service within three clear days; defective record — missing page not necessarily fatal.
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30 October 2014 |
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Non‑compliance with Rule 68’s mandatory notice particulars renders an appeal incompetent and is struck out.
Court of Appeal Rules r.68 — Mandatory contents of a notice of appeal — Correct date of judgment, High Court judge and case number, and nature of conviction required — Defective notice renders appeal incompetent — Indulgence to unrepresented appellants insufficient to cure defects.
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29 October 2014 |
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Court upheld rape conviction of a child’s assailant: child identification corroborated and voir dire procedure proper.
Criminal law – rape of a child – visual identification by a child of tender years; corroboration by other witness and accused’s flight; voir dire and reception of unsworn testimony under s.127 Evidence Act; concurrent findings of fact upheld.
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29 October 2014 |
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Application for extension to appeal struck out as incompetent where no competent appeal had been instituted against the High Court decision.
Criminal procedure – extension of time to file appeal – competence of appeal – where High Court had found no competent appeal because applicant failed to institute fresh appeal after extension; Rule 47 Court of Appeal Rules (applying first to High Court) – Rule 10 (good cause) – applicant advised to apply to High Court for extension and fully explain delay.
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29 October 2014 |
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Application for extension of time to appeal struck out as incompetent; applicant must first seek High Court extension.
Criminal procedure — extension of time to file appeal — Court of Appeal Rules, 2009 Rule 10 (good cause) and Rule 47 (application to High Court first) — requirement to file fresh Notice and Petition under s.361(1)(a),(b) Criminal Procedure Act — incompetence of appeal where no competent appeal instituted.
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29 October 2014 |
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Non‑compliance with Rule 68(1)–(2) renders a notice of appeal incurably defective and the appeal incompetent.
Criminal appeal — Preliminary objection — Non‑compliance with Rule 68(1)–(2) — Notice of appeal must state correct judgment date, High Court judge and case number, and nature of conviction — Errors (wrong offence, wrong date, wrong case number) render notice incurably defective — appeal struck out.
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28 October 2014 |
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Pre‑2007 Employment Act governs repatriation subsistence; awarded 257 days at Tshs 15,000/day (total Tshs 11,565,000).
Employment law – non‑retrospectivity – Employment Act (Cap 366 R.E.2002) applicable to cause of action in 2004; Repatriation/subsistence allowance – entitlement until provision of transport; Rate determination – prevailing local rate Tshs 15,000/day (children half rate); Duty to mitigate – employee’s postponement bars further subsistence; General damages – unpleaded claims not entertained on appeal.
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28 October 2014 |
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Applicant entitled to subsistence to date transport provided (13/9/2004) at proven rates; other claims dismissed.
Employment law – applicable statute for 2004 cause of action – Employment Act (Cap. 366 R.E. 2002) applies; Subsistence/repatriation allowance – entitlement only until employer provided transport; delay caused by employee bars further subsistence (s.59(4)); Rate of allowance – claimant must prove higher rate; burden of proof and mitigation of damages; Appellate jurisdiction – cannot award fresh general damages not pleaded or decided at trial.
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28 October 2014 |
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A trial court’s suo motu jurisdictional ruling without hearing parties is a fundamental procedural error, so appeal allowed and matter remitted.
* Civil procedure – court raising issues suo motu – limits under Order XIV Rule 5 CPC – requirement to afford parties opportunity to be heard (audi alteram partem).
* Administrative law/procedure – challenge to disciplinary decisions of Inspector General of Police – procedural route (ordinary suit v. judicial review) left for trial court to determine on merits.
* Jurisdictional error – decision based on unpleaded issue – nullity and remedy by quashing and remittal.
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28 October 2014 |
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Court will not disturb a seven-year sentence where trial judge properly considered mitigation and exercised discretion lawfully.
Criminal law – Sentencing – Attempted murder – Appellate interference limited to cases of misdirection, wrong principle, manifest excess or illegality; mitigation: guilty plea, provocation, first offender status, dependants, community service report; victim presence at sentencing.
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28 October 2014 |
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Applicant failed to show good cause for extension of time; ignorance of law not a ground; application dismissed.
Civil procedure — Extension of time under rule 10 — Requirement to show good cause — Grounds for substantive stay (rule 11(2)) not a substitute for good cause — Ignorance of law not sufficient.
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28 October 2014 |