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Citation
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Judgment date
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| December 2022 |
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Conviction upheld; procedural defects were curable, chain-of-custody relaxed for tusks, fine revised to ten times trophy value.
* Criminal law – unlawful possession of government trophy – sufficiency of prosecution evidence and credibility of witnesses. * Procedure – validity of charge and attempted substitution; effect of discrepancy between charge values. * Evidence – admissibility of seizure certificate; non-issuance of statutory receipt not fatal; chain of custody relaxed for items not easily tampered with (elephant tusks). * Procedure – accused’s rights under section 231(1) CPA; equity regards as done what ought to have been done. * Sentencing – fine under Wildlife Act must be ten times value of trophy.
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28 December 2022 |
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Cautioned statement and chemist report expunged, but mother's and medical evidence sustained the conviction for unnatural offence.
Criminal law – Unnatural offence against a child; admissibility of cautioned statements – compliance with four‑hour rule (s.50 CPA); admissibility and reading of documentary exhibits – accused’s right to know contents; conviction without victim testimony where victim of tender age; appellate jurisdiction – new grounds not raised in first appellate court only entertained if point of law; weight of concurrent findings and medical corroboration.
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22 December 2022 |
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DLHT had jurisdiction and the alleged sale was not proved; appeal dismissed with costs.
Land disputes – jurisdiction of District Land and Housing Tribunal – pecuniary limits under LDCA; Evidence – primary (original) vs secondary (copy) evidence – section 66 and 67 Evidence Act; Proof of sale of land – burden on purchaser to prove transfer on balance of probabilities; Failure to call material witnesses – adverse effect on credibility and probative value; Registered land – necessity of transfer forms and original title for proof of change of ownership.
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22 December 2022 |
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Agent lacked authority to extend lease; written sale agreement prevailed; appeal dismissed with costs.
Civil procedure — successor judge taking over at pre-trial; Power of attorney — scope and limits, agent cannot act beyond expressly granted powers; Revocation of power of attorney — effective upon notice or inconsistent conduct, registration under LRA s.96 not always required; Evidence — written sale agreement prevails over oral testimony (s.100 Evidence Act); Joinder — no necessity where ownership and sale are undisputed.
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21 December 2022 |
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Refusal of leave by the High Court must be challenged by a fresh Court of Appeal application, not by revision.
* Civil procedure — Revision — Appropriateness of revisional jurisdiction to challenge refusal of leave to appeal; * Appellate procedure — Leave to appeal — Rule 45(b) and Rule 47 Court of Appeal Rules — "second bite" in Court of Appeal after High Court refusal; * Limitation — Distinction between a decision that an action is time-barred and a refusal of leave on merits.
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20 December 2022 |
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Applicant failed to show good cause for extension; unsupported third‑party illness evidence rejected.
Civil procedure — Extension of time under Rule 10 — Good cause discretionary and fact‑specific; Affidavit law — where material facts concern another person that person should depose; Unsupported assertions of third‑party illness and absence of receipts undermine delay excuses; Failure to show prima facie important point of law or material irregularity does not justify extension of time.
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19 December 2022 |
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A stay application filed beyond Rule 11(4)’s 14-day limit is time‑barred and was struck out with costs.
Civil procedure — stay of execution — Rule 11(4) Court of Appeal Rules 2009 — 14-day time limit for stay applications — failure to comply — application struck out; delay explained by late opposing affidavit not a valid justification.
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19 December 2022 |
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Variance between charge particulars and evidence, plus credibility issues, rendered conviction unsafe and was quashed.
Criminal law – variance between charge particulars and evidence – duty to amend charge under section 234(1) CPA – fundamental irregularity not curable under section 388 CPA; credibility of child witness and corroboration; appellate power to evaluate defence where lower courts omitted to do so.
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19 December 2022 |
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Failure to administer oath to a key witness vitiated his evidence, prompting reversal of the share-transfer judgment.
* Evidence — requirement to administer oath or affirmation — omission vitiates witness evidence and renders exhibits tendered through that witness inadmissible. * Company law — transfer of shares — validity of board meetings and compliance with Articles and Companies Act where transfer is challenged. * Expert/forensic report — disowned reports and effect on civil proceedings. * Civil appeal — reversal where primary evidence is expunged leaving insufficient proof.
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15 December 2022 |
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The appellant had no duty to request avalisation; as holder in due course it recovered the bill value less set-off.
Bills of Exchange — Avalisation — Duty of bank to request avalisation — Distinction between sight and time bills — Holder in due course rights preserved despite alleged failure to request avalisation — Set-off against account credits — Interest on decretal sums.
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15 December 2022 |
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Time for appeal excludes period to obtain certified judgment/decree, but unexplained remaining delay bars extension.
* Limitation of actions – appeals – computation of the 45‑day time limit – exclusion for period requisite to obtain copy of decree or order under s.19(2) Law of Limitation Act. * Civil procedure – Order XXXIX Rule 1(1) CPC – memorandum of appeal to be accompanied by decree and, unless dispensed with, judgment; copies of proceedings are not automatically necessary for lodging an appeal. * Extension of time – discretion to grant extension – requirement to account for all days of delay.
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15 December 2022 |
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Apparent illegality in judgment justifies extension of time to seek revision despite unexplained delay.
Land law — Extension of time (Rule 10) — Illegality on face of record as sufficient cause — Counsel's negligence not sufficient — Declaration of non‑party as owner — Revision application.
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13 December 2022 |
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Prisoner showing diligence and an arguable manifest-error ground granted extension to file review within 60 days.
Criminal procedure – extension of time (Rule 10) – Lyamuya guidelines – prisoner applicant’s delays – accounting for days of delay – technical delay excused – manifest error on face of record – Rule 66(1)(a) – arguable case requirement.
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8 December 2022 |
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Failure to plead reasons for delay in the supporting affidavit bars an extension; written submissions are insufficient.
* Civil procedure — Extension of time — Supporting affidavit must plead and prove reasons for delay; statements from the bar insufficient. * Motion practice — Compliance with rules — Court must be satisfied rules followed even if application unopposed. * Delay — Applicant must account for each day; unexplained multi-year delay is inexcusable. * Respondent concession — Cannot confer jurisdiction or cure procedural defects.
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8 December 2022 |
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Applicant failed to show good cause for extension; alleged illegality not apparent and prospects of success insufficient.
Extension of time – requirement to show good cause – alleged illegality must be apparent on the face of the record to constitute good cause – procedural missteps, wrong forum and relitigation do not justify extension – prospects of success alone insufficient.
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8 December 2022 |
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Applicant granted 30 days to apply for certificate on points of law; delay treated as technical and justified.
* Civil procedure – extension of time – application for certificate on point of law – rule 45A(1)(c) and rule 45A(3) Court of Appeal Rules – late supply of judgment and necessity to read judgment before formulating points of law – technical delay as good cause – functus officio argument rejected.
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8 December 2022 |
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Failure to deliver a reserved ruling on admissibility of crucial CCTV evidence nullified subsequent labour adjudications and required remittal.
* Labour law – termination dispute – reliance on electronic evidence (CCTV) – admissibility objection reserved but ruling not delivered – procedural fairness and right to reasons.
* Evidence – electronic/electronic transactions – competence to tender CCTV footage – importance of resolving admissibility by delivered ruling before proceeding.
* Civil procedure – failure to deliver reserved ruling – irregularity that may invalidate subsequent proceedings and awards.
* Appellate jurisdiction – exercise of revision powers to quash proceedings and remit record for proper determination.
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8 December 2022 |
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Extension refused because revision cannot challenge interlocutory High Court orders; application struck out with costs.
* Civil procedure – extension of time under Rule 10 – requirement to show "good cause".
* Appellate jurisdiction – section 5(2)(d) AJA – no revision lies against interlocutory or preliminary High Court orders which do not finally determine the suit.
* Futility principle – court will not grant extension for a remedy that is legally unavailable.
* Alleged illegality and delay – illegality must be apparent and not render the application for revision a prohibited challenge to interlocutory orders.
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8 December 2022 |
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Trial court lacked jurisdiction without endorsed DPP consent/certificate; convictions quashed and appellants ordered released.
* Criminal procedure – jurisdiction – DPP certificate and consent – necessity of endorsement/admission on trial court record for subordinate court to try economic offences.
* Evidence – documentary exhibits not read after tendering – inadmissible and cannot support conviction.
* Evidence – obligation to administer oath – unsworn witness evidence is unlawful.
* Charge consistency – prosecution must prove specific place of commission as charged.
* Remedy – Fatehali Manji principle – retrial versus release where retrial risks prejudice by allowing prosecution to fill gaps.
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8 December 2022 |
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Conviction quashed where torchlight identification was unsafe, cautioned statement improperly certified, and prosecution evidence was unreliable.
* Criminal law – visual identification – reliability where identification made by torch light and under terrifying conditions; description of light, distance and circumstances necessary. * Criminal procedure – cautioned statements – mandatory certification under section 57(3) CPA; improper certification renders statement inadmissible. * Evidence – failure to call neighbours alleged to have heard earliest identification diminishes prosecution evidence; contradictions as to arrest time/place affect witness credibility.
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8 December 2022 |
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Court of Appeal struck out extension application for failing to obtain a prior High Court refusal as required by the rules.
Court of Appeal Rules — procedural prerequisite for extension of time applications — requirement of prior High Court refusal ('first bite') — failure to comply renders application premature and incompetent; sua sponte striking out; costs waived.
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8 December 2022 |
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Applicant failed to show good cause for an extension of time because the period of delay was not adequately accounted for.
* Civil procedure – Extension of time – Second-bite application under Rule 45A – need to account for all days of delay; delay runs from date of High Court refusal unless excluded by Registrar's certificate under Rule 45A(2).
* Principles for good cause – application must account for period of delay, show absence of inordinate delay and demonstrate diligence (Tanga Cement; Lyamuya).
* Waiting for prosecution of first-bite application does not, by itself, justify delay in filing second-bite application.
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8 December 2022 |
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A joint affidavit missing deponents’ signatures is incurably defective; the application must be struck out.
Civil procedure – extension of time – affidavit supporting notice of motion – deponent's signature required – omission renders affidavit incurably defective – statement from the bar not a substitute for evidential averments – application struck out.
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8 December 2022 |
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Applicant failed to show good cause for extension; alleged illegality not apparent and alternative remedies available.
Civil procedure — extension of time under Rule 10 — "good cause" — allegation of illegality must be apparent on the face of the record; alternative remedies (objection to sale, setting aside sale) may render revision inappropriate.
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8 December 2022 |
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Personal representatives permitted in Labour Court; denying representation and hearing renders decision a nullity.
Labour law – Representation before Labour Court – Section 56 LIA permits a party's personal representative (non-advocate) to appear; Advocate Act cannot restrict that right; Civil procedure – suo motu intervention and right to be heard – Judge must afford parties opportunity to address merits after raising representation issue; failure to do so renders decision a nullity.
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8 December 2022 |
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Extension refused where alleged illegality was not apparent on the record and a 33-month delay remained unexplained.
Extension of time — requirement to account for each day of delay; illegality as ground for extension — must be apparent on the face of the record; inordinate delay and inadequate medical evidence — refusal of extension; reliance on Lyamuya and Ngao authorities.
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8 December 2022 |
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The appellant’s conviction was quashed because identification evidence was unreliable without a proper identification parade.
* Criminal law – Evidence – Visual identification – Requirement that visual identification evidence be watertight before convicting – Waziri Amani principle.
* Criminal procedure – Identification parade – Necessity to conduct and prove compliance with Police General Orders No. 232 where witness did not know accused beforehand.
* Criminal appeal – Second appeal – interference with concurrent findings only where misdirection or misapprehension of evidence shown.
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8 December 2022 |
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8 December 2022 |
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Applicant failed to show good cause or account for delay; extension of time to seek review was refused.
* Civil procedure — Extension of time (Rule 10) — Good cause — Applicant must account for each day of delay and show diligence; manifest error may suffice only if preconditions met. * Review applications — Time limit (Rule 66(3)) — An arguable case under Rule 66(1) supports extension. * Evidence — Affidavit is primary; oral explanations not raised in affidavit regarded as afterthoughts.
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8 December 2022 |
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Extension of time granted to file notice of appeal where illegality in the High Court judgment was demonstrated.
Civil procedure – extension of time to file notice of appeal; illegality in the impugned judgment as sufficient ground for extension; appellate discretion – reliance on Lyamuya and Devram Valambhia; failure of High Court to account for DLHT's drawn order granting extension.
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8 December 2022 |
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A second bite extension application filed well beyond Rule 45A(1)(c)'s 14-day limit is time-barred and must be struck out.
* Civil procedure – extension of time – second bite application under Rule 45A(1)(c) – fourteen days limitation – non-compliance renders application time-barred and affects jurisdiction; consequence is striking out, not dismissal. * Court’s duty to enforce mandatory procedural rules even where application is unopposed.
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8 December 2022 |
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Appellant's rape conviction quashed where prosecution failed to prove penetration and positive identification.
Criminal law – rape – requirement to prove penetration and lack of consent beyond reasonable doubt; identification by recognition – reliability and contradictions; evidence of witness of tender years – compliance with s.127(2) Evidence Act; duty to call material witnesses and adverse inference; appellate review where lower courts misapprehend evidence.
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8 December 2022 |
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Extension of time granted to serve review application; avoiding service via registered mobile may be treated as service.
Extension of time – Rule 10 Court of Appeal Rules – Good cause assessed by Lyamuya factors – Service of process by telephone/mobile – Rebuttable presumption of service where party avoids service via mobile number registered under BVR.
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8 December 2022 |
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Extension of time granted where appeal was prosecuted and determined at the instance of a deceased respondent, amounting to prima facie illegality.
Civil procedure – extension of time to apply for review; illegality as sufficient cause – appeal prosecuted and determined at instance of a deceased person; denial of right to be heard (lack of service); requirement that illegality be apparent on face of record; Court’s inherent powers to proceed ex parte and depart from abatement rule where administrator fails to comply with joinder order (rule 4(2) and rule 53(4)); reliance on Principal Secretary v Devram Vallambhia.
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8 December 2022 |
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Applicant failed to prove good cause for extension; illegality and sickness were not sufficiently demonstrated, application dismissed with costs.
Extension of time — "good cause" required; illegality apparent on face of record may constitute good cause; applicant must prove dates and facts by affidavit; sickness can be good cause but must account for entire delay; dismissal of time-barred revision appropriate.
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8 December 2022 |
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Inadequate summing up and improperly relied cautioned statements rendered the trial a nullity; convictions quashed and sentences set aside.
Criminal appeal – inadequate summing up to assessors – summing up omissions (malice, actus reus, confessions) – cautioned statements not admitted at main trial cannot be relied upon – certificate of seizure/mobile phone evidence expunged – trial without proper assessors’ participation is nullity – retrial not ordered where remaining evidence is weak.
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8 December 2022 |
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Conviction for rape of an eight‑year‑old upheld where age, penetration and victim's account were credibly proved.
Criminal law – Rape of a child – Proof of age and penetration – PF3 and birth certificate corroboration; delay in reporting – threats and inducements as plausible explanation; defence of impotence – credibility and lack of corroboration; concurrent findings – appellate interference.
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7 December 2022 |
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Applicant granted extension for appeal due to excusable technical delay and registry filing irregularities.
Extension of time – Rules 10 and 45A(1)(a) – Good cause assessed by length and reason for delay, prospects and prejudice – Excusable technical delay where earlier appeal prosecuted then struck out – Registry/filing irregularities and short preparation periods can justify delay – Affidavits: limited legal inferences tolerable if no injustice.
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7 December 2022 |
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First appellate court’s failure to analyse defence evidence did not prevent Court of Appeal affirming the appellant's convictions.
* Criminal law – appellate review – duty of first appellate court to re-evaluate and analyse both prosecution and defence evidence; * Appellate Jurisdiction Act s.4(2) – Court of Appeal stepping into the shoes of first appellate court; * Offences – fraudulent appropriation of power, malicious damage to property, personation of public officer, obtaining money by false pretence; * Evidence – sufficiency and corroboration; unexplained proceeds as evidence of fraud.
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7 December 2022 |
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Failure to administer oath and to sign recorded witness evidence at CMA vitiates proceedings, warranting quash and retrial.
Labour law – CMA proceedings – status of CMA as a "court" under the Oaths Act; mandatory requirement for witnesses to testify on oath or affirmation; mandatory signing of recorded witness evidence by presiding arbitrator; failure to administer oath or append signature vitiates proceedings; section 88 ELRA cannot override mandatory statutory requirements; remedy – quash, set aside and remit for rehearing de novo.
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7 December 2022 |
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A voluntary confession plus parental and medical evidence can establish rape despite improperly recorded child testimony.
* Evidence – Cautioned/confession statements – admissibility – objection must be raised at trial; failure to object precludes complaint on appeal.
* Evidence – No requirement to repeat police‑recorded cautioned statement in court where voluntariness not challenged.
* Evidence – Proof of child’s age – parental testimony and medical evidence admissible.
* Evidence – Child witness – section 127(2) Evidence Act non‑compliance invalidates testimony.
* Criminal law – Confession corroborated by medical evidence of penetration can prove rape beyond reasonable doubt.
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7 December 2022 |
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Inadequate summing up to assessors that omits vital legal directions warrants nullification and retrial.
Criminal procedure – assessors: duty to be informed of role; summing up: must explain vital points of law (ingredients of offence, burden of proof, malice aforethought, identification, cautioned statements, defences, absence of postmortem); inadequate summing up amounts to miscarriage of justice – remedy: nullify proceedings, quash conviction and order retrial.
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7 December 2022 |
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Concurrent findings of credibility, medical evidence and unobjected cautioned statement upheld conviction for rape of a nine-year-old.
Criminal law – Rape of a child – Proof of age and penetration; cautioned statements – admissibility requires timely objection at trial; second appeal – deference to concurrent findings of credibility; relevance of victim's school class in rape of a child.
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7 December 2022 |
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Failure to read amended charge and reliance on extraneous, uncorroborated evidence vitiated the trial; conviction quashed and appellant released.
* Criminal procedure – Amendment of charge – Mandatory requirement to read amended charge to accused – Failure vitiates trial and denies fair trial.
* Criminal procedure – Summing up to assessors – Importation of extraneous matters not supported by evidence may improperly influence assessors and vitiate trial.
* Evidence – Doctrine of last known person – Requires corroboration; time lapse between last sighting and discovery can weaken inference of guilt.
* Appellate jurisdiction – Exercise of revisional powers under s.4(2) AJA to nullify proceedings and quash conviction; retrial withheld where prosecution evidence is weak.
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7 December 2022 |
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Applicant failed to account for each day of delay; extension of time refused and costs awarded to respondent.
Civil procedure — Extension of time under rule 45A(1)(c) — Duty to account for each day of delay — Affidavit must state when judgment/copies were supplied — Virtual proceedings do not excuse failure to aver material facts.
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7 December 2022 |
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A mining contract signed by non-owners and without all co-holders' consent is void; the respondent had no cause of action.
Contract law – capacity and competence to contract; nemo dat quod non habet; Mining law – transfer/assignment of mineral rights (s.9(1) Mining Act) – consent of all licence holders required for disposition; void ab initio – unenforceability and nullity of proceedings founded on a void contract.
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7 December 2022 |
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Unsworn forensic evidence and breaks in chain of custody rendered drug trafficking convictions unsafe and were quashed.
Criminal procedure – s.198(1) CPA – mandatory requirement to administer oath or affirmation to witnesses; unsworn testimony vitiates evidence. Evidence – chain of custody – necessity of documentary trail and accounting for seizure, custody, transfer, analysis and storage of exhibits; unexplained gaps break chain and undermine admissibility and weight. Drugs control – role and evidential value of government analyst’s report contingent on proper oath and established custody of samples.
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7 December 2022 |
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Omission of trial magistrate's signature on recorded evidence renders proceedings null, requiring retrial de novo.
Criminal procedure — requirement to append judicial signature after recording witness evidence (section 210(1)(a) CPA) — failure to sign renders evidence unauthentic and proceedings a nullity — appellate revisional powers (s.4(2) AJA) — proceedings nullified, judgments quashed and retrial ordered de novo.
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7 December 2022 |
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Failure to administer oath to CMA witnesses vitiated both arbitration and revision proceedings, requiring a retrial before another arbitrator.
* Labour law – arbitration – Commission for Mediation and Arbitration – witnesses' evidence must be given on oath or affirmation – Mediation and Arbitration Rules (rules 19(2)(a), 25(1)) and Oaths and Statutory Declarations Act – omission to administer oath vitiates proceedings – CMA award and High Court revision set aside – matter remitted for de novo hearing before another Arbitrator.
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7 December 2022 |
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Registered certificate of title prevails over unregistered transfer; unpleaded rent claims fail and appellant bears the evidential burden.
Land law – certificate of title conclusive – unregistered deed cannot alter registered title; Co-ownership – tenants in common – shares as per title; Civil procedure – pleadings bind parties – unpleaded relief cannot be granted; Evidence – burden of proof on claimant – failure to summon witness does not automatically shift onus or warrant adverse inference.
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6 December 2022 |