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Citation
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Judgment date
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| June 2022 |
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Immediate termination without the 14‑day remedy notice for remediable breaches was premature; the contract remains subsisting.
Contract law – Termination clause – Distinction between breaches permitting immediate termination and remediable breaches requiring 14‑day notice under clause 19(c); Effectiveness of termination notice; Evidence regarding insurance documentation and NEMC permit; Relief — quashing of premature termination and related orders.
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29 June 2022 |
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Review dismissed: no error apparent; respondent affirmed lawful owner; purchaser not bona fide; damages upheld.
Review — Rule 66(1)(a): error apparent on face of record; Land law — double allocation and validity of grant; Evidentiary weight — registered certificate v. administrative letters; Bona fide purchaser — duty to search; Attorney General's opinion not binding.
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28 June 2022 |
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Payments by a Tanzanian resident to non-residents for services consumed in Tanzania attract withholding tax; 2020 amendment clarified law.
Tax law – Withholding tax on cross-border service payments; source of income determined by where services are consumed/where payer resides; sections 6(1)(b), 69(i)(i) and 83(1)(b) ITA 2004; Finance Act 2016 and 2020 amendments clarificatory not retrospective; precedents – Tullow line of authority.
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28 June 2022 |
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Court allowed additional ground on locus standi and ordered High Court to take further evidence on shareholders.
• Civil procedure – Appellate practice – Rule 113(1): leave to add an additional ground of appeal raising jurisdictional issues. • Civil procedure – Rule 36(1)(b): discretionary power to take or direct taking of additional evidence on appeal from High Court exercising original jurisdiction. • Locus standi/shareholding – necessity of conclusive evidence of shareholders for jurisdiction and execution of decree. • Right to be heard – lateness excused where new material evidence emerges post-judgment.
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28 June 2022 |
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Failure to file a defence, not nondisclosure of another suit, determines entitlement to set aside an ex parte judgment.
Civil procedure – ex parte judgment – setting aside – requires showing good cause for failure to file written statement of defence. Pleading duty – no obligation to disclose unrelated pending proceedings involving different parties/causes of action when prosecuting an ex parte proof. Legal representation – allegations of counsel’s negligence or lack of update do not necessarily constitute good cause to set aside ex parte judgment. Appellate review – discretionary refusal to set aside an ex parte judgment will not be disturbed absent misdirection in exercise of discretion.
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28 June 2022 |
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Stay of execution granted pending appeal after applicant satisfied Rule 11 timing, good cause, loss and security requirements.
Labour law – stay of execution pending appeal – Rule 11 Court of Appeal Rules – timing, good cause, substantial/irreparable loss, and security requirements; bank guarantee as security.
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28 June 2022 |
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Revision unavailable where High Court's stay was interlocutory and did not finally determine the suit.
Appellate procedure – Revision – Section 5(2)(d) AJA – Interlocutory/preliminary orders – Stay of proceedings pending determination elsewhere – Finality test: order must finally dispose of parties' rights to be amenable to revision.
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28 June 2022 |
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Both parties failed to prove payment or breach on balance of probabilities; appeals dismissed and each party bears its own costs.
Contract/hire-purchase – title passes only on full payment; civil standard of proof – burden on party alleging facts (ss.110–111 Evidence Act); documentary evidence – bank pay-in slips/bank statements necessary to corroborate payment claims; internal account statements (exhibit P3) without corroboration lack legal force; non-production of annexure A2 precludes reliance on it; confiscation lawful if unpaid.
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27 June 2022 |
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An execution order committing a person to civil prison is not appealable as of right; revision was improperly invoked, applications struck out.
Civil procedure – Execution of decree – Order for arrest and detention in civil prison – Appealability under section 5(1)(b)(viii) AJA – Revisional jurisdiction – Revision inappropriate where right of appeal exists – Leave to appeal required.
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27 June 2022 |
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Trial court must follow s27 CPC and Order XVI and afford a hearing before committing a non‑party witness.
Civil procedure – Committal of witness for non‑attendance – Section 27 Civil Procedure Code and Order XVI rules 10–13,16 – requirement to order security and follow proclamation/arrest warrant procedure – suo motu committal unlawful – right to be heard – civil vs criminal imprisonment – alternative remedy under Penal Code s.124.
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27 June 2022 |
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High Court's omission to decide time-bar and raising new issues without hearing parties rendered its judgment null and remitted.
Land law – title dispute – limitation/time bar – jurisdictional objection must be determined first; civil procedure – non-joinder of necessary party – locus standi; natural justice – right to be heard – courts must place new issues on record and hear parties; appellate jurisdiction – revisional power under s.4(2) AJA to quash null judgments.
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24 June 2022 |
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Unpleaded repossession defence and excluded witness paragraphs did not vitiate trial; appeal dismissed with costs.
Commercial Court procedure – witness statements and admission of documents; striking out unpleaded paragraphs; admissibility of documentary evidence; pleadings rule – issues must be pleaded; repossession as contractual defence raised late; appellate limitation on unpleaded issues.
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21 June 2022 |
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An application for stay of execution is incompetent and unsalvageable if it omits any vital document required by Rule 11(7).
Court of Appeal Rules, r.11(7) – mandatory documents for stay of execution (notice of appeal; decree; judgment/ruling; notice of intended execution) – omission renders application incompetent; overriding objective cannot cure absence of vital documents; application struck out.
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21 June 2022 |
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An out-of-time notice of appeal renders the appeal incompetent and will be struck out; attaching the judgment copy is not mandatory.
Civil procedure – Appeal competence – Notice of appeal – Rule 83(2) Court of Appeal Rules 2009 – thirty-day time limit – effect of out-of-time notice; Civil procedure – Requirement to attach copy of High Court judgment – Rule 83(5) not mandatory – delay in obtaining copy not an excuse; Appeals – Valid notice of appeal as jurisdictional prerequisite – failure renders appeal incompetent and liable to be struck out.
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21 June 2022 |
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Revision struck out: Court cannot in revision determine receiver’s mandate or order reimbursement without evidence.
Civil procedure — Revision under s.4(3) AJA — Court of Appeal’s remit limited to examining High Court record for correctness, legality and regularity; cannot try factual disputes or receive fresh evidence. Company/secured transactions — Receiver and Manager — Mandate/locus standi to represent company — factual question requiring evidence. Evidence — Documents not tendered/admitted in original proceedings cannot be relied upon in revision. Mediation/consent judgment — Challenging mediator’s recording or judge’s involvement requires appropriate forum and evidence.
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20 June 2022 |
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Res judicata bars re‑litigation of an unappealed High Court decision upholding section 36(2) EOCCA in public interest litigation.
Constitutional law – challenge to section 36(2) EOCCA – Article 13(6)(a) – bail and DPP certificate. Civil procedure – res judicata (section 9 CPC) – applicability to public interest and constitutional litigation. Public interest litigation – binding effect of an unappealed High Court decision on subsequent petitions by other interested persons.
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17 June 2022 |
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Failure to arraign the appellant as required by law rendered the trial a nullity; conviction quashed and appellant released.
Criminal procedure – Arraignment and plea – Mandatory requirement under section 250 CPA; failure to read information and take plea renders trial a nullity; retrial discretionary – not ordered where it would enable prosecution to fill gaps in evidence; appellate revision under s.4(2) AJA to quash conviction and order release.
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17 June 2022 |
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An order refusing leave to seek judicial review is appealable; revisional jurisdiction cannot replace an appeal and application was struck out.
Civil procedure – Revision v appeal – revisional jurisdiction is not an alternative to appeal; limited exceptional circumstances only allow revision. Administrative law – refusal of leave to apply for prerogative remedies (judicial review) is appealable, not revisable. Public procurement – procedural lacunae in statutory remedies do not convert an appealable order into a revisable one.
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17 June 2022 |
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High Court breached right to be heard and voir dire omissions invalidated child evidence, undermining the conviction.
Criminal law – appellate procedure – appellate court must not decide issues not raised by parties; breach of right to be heard nullifies judgment; Evidence – child witnesses – voir dire must establish sufficient intelligence and understanding of duty to tell truth before admitting evidence; omission renders evidence invalid and may be expunged; insufficiency of remaining evidence defeats conviction.
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17 June 2022 |
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Application for stay of execution held not time-barred where applicant proved service within the 14-day statutory period.
Civil procedure – Stay of execution – Rule 11(4) Court of Appeal Rules (2009) – 14-day limitation from service or awareness of execution notice. Evidence – Proof of service/awareness – reliance on earlier court proceedings must establish actual notice to start limitation period. Judicial discretion – in cases of ambiguous record, applicant’s sworn evidence may be preferred in the interest of justice.
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17 June 2022 |
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Copies of unproduced receipts were rightly rejected; the applicant failed to prove loss and the respondent’s counterclaim was upheld.
Evidence Act (sections 61, 65–68) – secondary evidence – copies of documents – notice to produce/originals required before secondary evidence admissible. Civil procedure – burden and standard of proof – section 110 Evidence Act – balance of probabilities. Admissibility – documents in foreign language – requirement for translation and proof of relevance/authenticity. Contract recovery – lender’s counterclaim for outstanding loan where borrower admitted default.
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17 June 2022 |
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Changes of assessors resulting in assessors not hearing the whole trial render the Land Tribunal's decision and subsequent appeal a nullity.
Land Tribunal — Composition and mandatory participation of chairman plus two assessors — Sections 5, 7 and 37 Land Tribunal Act. Assessors — An assessor must hear the whole trial to participate in decision-making; assessor changes during trial may vitiate proceedings. Procedural nullity — Improperly constituted Tribunal renders its proceedings and subsequent appeals nullity; retrial de novo required.
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17 June 2022 |
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Payment to a former distributor as compensation was not deductible; interest on understated tax was properly imposed.
Tax law – deductibility of expenditure – payment to former distributor for loss of customers – requirement of nexus and expense being "wholly and exclusively" for production of income (s 11(2) ITA); Tax law – understated tax interest – application of s 99(1) where instalments are less than 80% of correct tax; Procedural – distinction between informative correspondence and written application under s 79(2) for extension of time.
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17 June 2022 |
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Court granted retrospective extension to serve notice of appeal after excusable mistake, finding no inordinate delay or prejudice.
Civil procedure – extension of time – service of notice of appeal under rule 84(1) – requirement to serve respondent after lodgement. Exercise of judicial discretion guided by Lyamuya factors: reason for delay, length of delay, diligence, prejudice. Retrospective enlargement of time to the date of actual service. Effect of notice of appeal on execution under Tax Revenue Appeals Act/rules.
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17 June 2022 |
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Extension of time denied for failure to account delay and because the order was appealable only with leave under land law.
Civil procedure — Extension of time — Judicial discretion — Factors: length of delay, reasons, arguable case, prejudice. Delay and diligence — Forum-shopping and successive incompetent filings do not establish promptness. Illegality ground — Must be apparent on the face of the record to justify enlargement of time. Land disputes — Orders arising from land matters are appealable only with leave under section 47(2) of the Land Disputes Courts Act.
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16 June 2022 |
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Appellant's murder conviction quashed for unsafe visual identification and failure to call material witnesses.
Criminal law — murder — requirement to prove guilt beyond reasonable doubt; visual identification — need for caution where identification is at night, under stress or with inconsistent accounts; non-summoning of material witnesses — adverse inference; appellate reappraisal of credibility and findings; unsafe conviction — quashing of death sentence.
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16 June 2022 |
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Whether nighttime visual identification by neighbour-eyewitnesses was reliable to sustain murder convictions.
Criminal law – murder – reliance on visual identification – requirements for reliability: familiarity, lighting, duration of observation. Evidence – credibility and consistency of eyewitnesses; material versus non-material contradictions. Criminal procedure – assessors’ directions – need to consider conditions favourable to correct identification. Conviction must rest on prosecution's proof beyond reasonable doubt, not merely weakness of defence. Post-offence conduct as corroborative evidence.
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16 June 2022 |
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Amending trial issues without hearing and failing to frame distinct issues vitiated the judgment, necessitating retrial.
Civil procedure — Framing and amendment of issues — Order XIV r.1 & r.5(1) CPC — right to be heard before amendment — failure to frame distinct issues vitiates judgment — retrial ordered; bank liability in cheque clearing and alleged fraud.
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16 June 2022 |
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High Court lacked jurisdiction to divide matrimonial assets between Muslim parties; award quashed and record remitted.
Kadhi's Court jurisdiction – Exclusive jurisdiction over division of matrimonial assets between Muslims where there is actual contribution (Kadhi's Court Act); Civil procedure – Misjoinder of causes of action and Order II r.6 CPD; Jurisdictional defect – Proceedings and award made without jurisdiction are a nullity and subject to quashing under Appellate revisional powers (s.4(2) AJA).
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16 June 2022 |
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Prosecution failed to prove theft beyond reasonable doubt; audit and banking evidence were unreliable, appeal dismissed.
Criminal law – Theft – Elements of stealing – burden on prosecution to prove dishonest conversion and absence of claim of right beyond reasonable doubt. Evidence – Bank deposits and cash book entries – necessity for independent proof of source of funds. Evidence – Reliability and authenticity of audit reports – inconsistencies may undermine prosecution case. Criminal procedure – Prosecution cannot shift burden of proof to accused.
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16 June 2022 |
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Victim’s credible testimony and PF3 sufficed to prove rape; appellate enhancement of compensation without hearing was unlawful.
Criminal law – Rape – Essential element of penetration – Proof by victim’s testimony corroborated by medical PF3 indicating old penetration and pregnancy. Evidence – Delay in reporting sexual assault – Delay does not automatically negate credibility where plausible explanation exists. Medical evidence – Helpful but not indispensable to prove rape; prosecutrix’s evidence may suffice. Civil relief in criminal proceedings – Appellate court must afford parties opportunity to be heard before varying compensation orders.
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16 June 2022 |
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An appeal is time-barred if the request for certified copies was made after 30 days and cannot be cured by revisional powers.
Civil Procedure – Limitation – Rule 90(1) & (3) of the Tanzania Court of Appeal Rules, 2009 – requirement to apply for certified copies within 30 days and to serve respondent – certificate of delay invalid if application made after 30 days. Jurisdiction – time bar – limitation is jurisdictional and cannot be assumed or cured by the Court’s revisional powers. Appellate jurisdiction – section 4(2) AJA and overriding-objective (sections 3A, 3B) cannot validate a time-barred appeal.
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16 June 2022 |
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The respondents' notice of appeal was struck out for failing to take essential steps to prosecute the appeal.
Court of Appeal — Striking out notice of appeal for failure to take essential steps; Rule 89(2) TCPR 2009; Rule 90(5) — Registrar’s duty to prepare record within 90 days and appellant’s duty to collect/follow up; evidential requirement to show diligence in obtaining record of appeal.
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16 June 2022 |
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Appellant properly identified and convicted of rape, but gang-rape conviction quashed and sentence reduced to 30 years.
Criminal law – Rape and gang rape – distinction between presence and active participation; proof beyond reasonable doubt required to convict for gang rape. Identification – caught in flagrante and corroboration by independent witness. Appellate revisional powers – substitution of conviction and variation of sentence under s.4(2) AJA.
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16 June 2022 |
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Filing parallel extension applications in different courts is an abuse of process; must seek High Court first.
Appellate procedure — extension of time/leave to appeal — Rule 47(1) and AJA require first application to High Court; concurrent applications in different courts; res sub judice/res judicata; abuse of process/forum shopping; corporate name change and locus standi.
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16 June 2022 |
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Failure to serve the copy-request on all respondents renders the appeal time-barred; revision refused absent exceptional circumstances.
Civil procedure — Limitation — Rule 90(1) and (3) Court of Appeal Rules — requirement to serve written application for copies on all respondents — failure to serve disqualifies exclusion period — appeal time-barred; Revisional jurisdiction — section 4(2) AJA — only for exceptional circumstances where no appeal lies — alleged appearance of unqualified advocate is a ground of appeal, not exceptional circumstance.
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16 June 2022 |
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Improper post-evidence tendering of key exhibit by prosecutor warranted expungement; convictions quashed for lack of proof.
Criminal procedure — Improper tendering of exhibits by prosecutor after witness evidence — Denial of opportunity for cross-examination — Expungement of exhibit; Chain of custody — handover letter not required within same office; Condition of exhibits due to storage; Legal aid — no duty to inform/provide state-funded counsel unless indigence established and requested; Search — independent witness requirement applies to premises, not person; Appellate judgment — must show reasons and issues for determination.
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16 June 2022 |
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16 June 2022 |
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Division of matrimonial assets between Muslim spouses falls within the exclusive jurisdiction of the Kadhi's Court; High Court proceedings were nullity.
Jurisdiction — Kadhi's Court exclusive jurisdiction over Muslim personal law matters including division of matrimonial assets — High Court lacked jurisdiction — jurisdictional defect renders proceedings and judgment a nullity — court's duty to address jurisdiction suo moto even where counsel withdraws objection.
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16 June 2022 |
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Interlocutory rulings not appealed cannot form grounds of appeal; LRA s.87(1) grants automatic appeal and missing records may be cured by rule 96(7).
Appeal — interlocutory rulings — non-appealable interlocutory decision; Appellate jurisdiction — leave to appeal — s.87(1) Labour Relations Act confers automatic right of appeal; Civil procedure — record of appeal — omission of drawn order — curable under rule 96(7) by supplementary record.
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16 June 2022 |
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Appeal dismissed: Court has jurisdiction only on questions of law under section 25(2) TRAA; factual disputes are not entertainable.
Tax appeals — jurisdictional limitation — appeals from Tax Revenue Appeals Tribunal to Court of Appeal confined to questions of law (s.25(2) TRAA); appellate competence — Court will not re-evaluate factual findings; procedural irregularity — introducing new issues in submissions is impermissible; taxation — burden to challenge assessments rests on taxpayer (not re-opened here).
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16 June 2022 |
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Immediate victim identification and corroborative evidence can sustain a rape conviction despite no identification parade.
Criminal law – Rape – proof of age, penetration and identity – victim identification at earliest opportunity and arrest nearby can dispense with identification parade. Criminal procedure – appellate review – failure of lower courts to consider defence entitles Court of Appeal to consider defence and re-evaluate evidence. Evidence – medical report (PF3) – absence of file number or lack of bleeding not necessarily fatal to prosecution's case; medical findings can corroborate victim's account. Defence – alibi assessed against positive identification and surrounding circumstances; credibility may be rejected.
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16 June 2022 |
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Failure to serve motion documents within 14 days under rule 55(1) renders an application incompetent; oral explanations cannot cure that defect.
Civil procedure — Court of Appeal Rules, r.55(1) — mandatory service of notice of motion, affidavit and supporting documents within 14 days — non-compliance renders application incompetent; affidavits must contain reasons for delay — oral submissions not substituting for affidavit (afterthoughts).
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16 June 2022 |
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A judgment on admission that does not dispose of all claims is interlocutory and not appealable under section 5(2)(d) AJA.
Appealability — interlocutory orders; judgment on admission (Order XIV r.6 CPD) — does not dispose of all rights; section 5(2)(d) Appellate Jurisdiction Act — appeal only where interlocutory order finally determines the suit; nature-of-order test (Bozson test) applied.
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16 June 2022 |
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An invalidated certificate of delay has no legal effect; supplementary record with one valid certificate is not fatally defective.
Civil procedure – supplementary record of appeal – Rule 96(7) – purpose to complete record. Civil procedure – certificate of delay – legal effect of a certificate previously declared invalid; two operative certificates cannot co-exist. Appellate practice – preliminary objection – competence of appeal – defects and curability.
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15 June 2022 |
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A preliminary limitation objection is premature where disputed facts of concealment engage section 26 of the Limitation Act.
Limitation law — section 26, Law of Limitation Act — fraud or mistake postponing commencement of limitation period. Judicial review/prerogative orders — certiorari, mandamus, prohibition — computation of time for application. Civil procedure — preliminary objection — Mukisa Biscuits principle: objections raising contested facts are premature. Service and concealment — effect of alleged deliberate non‑service on accrual of right to litigate.
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15 June 2022 |
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Stay refused: applicant failed to show substantial loss and gave no firm undertaking to provide security.
Court of Appeal — Stay of execution — Rule 11(3), (4) and (5) of the Court of Appeal Rules — cumulative requirements: substantial loss and security; affidavit must provide particulars — submissions not substitute for evidence; application dismissed for failure to give firm undertaking to furnish security.
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15 June 2022 |
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Applicant's challenge to mandatory death sentence under s197 is barred by res judicata; appeal dismissed.
Constitutional law – Death penalty – Mandatory imposition under s.197 Penal Code – Challenge to constitutionality – Res judicata – public interest litigation – Article 30(2) saving clause – remedy for partial invalidity (reading down) left undecided.
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15 June 2022 |
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Claims to deceased spouse's matrimonial assets must be pursued in probate/administration, not a matrimonial suit.
Matrimonial property – Proper forum for distribution after death; Probate and Administration jurisdiction; Law of Marriage Act s.76 and s.114; administratrix properly impleaded as estate representative; procedural misjoinder – remedy of nullification and quashing of proceedings.
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15 June 2022 |
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A divorce petition lacking a valid conciliatory board certificate is incompetent and renders resultant orders a nullity.
Family law — Divorce — Mandatory pre‑petition conciliatory board certificate (Law of Marriage Act ss.101, 106(2); Reg.9(2)) — Board’s duty to hear parties and set out findings (s.104(1),(5)) — Certificate that merely repeats allegations is invalid — Absence of valid certificate is jurisdictional, rendering divorce proceedings nullity.
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14 June 2022 |