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Citation
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Judgment date
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| August 2022 |
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Stay of execution granted pending appeal, conditional on deposit of bank guarantee within 30 days.
Civil procedure — Stay of execution — Application under Rule 11 of the Tanzania Court of Appeal Rules — Timeliness of application — Requirement to show substantial loss — Security for due performance (bank guarantee or firm undertaking) — Compliance with documentary requirements under Rule 11(7).
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31 August 2022 |
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Application to strike out notice of appeal dismissed because respondent was taking essential steps to prosecute the appeal.
Civil procedure — Appeal procedure — Strike out of notice of appeal under rule 89(2) — requirement to take essential steps to prosecute appeal. Civil procedure — Record for appeal — relevance of originating proceedings, taxation cause and interlocutory applications to appeal preparation. Civil procedure — Where a party demonstrates repeated requests for outstanding record documents, an application to strike out may be dismissed for lack of justifiable cause.
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31 August 2022 |
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Sickness preventing attendance was sufficient cause to restore a dismissed application under Rule 63(3).
Court of Appeal — Restoration under Rule 63(3)/(4) of the Court of Appeal Rules; sufficient cause — sudden illness of clerk; oral submissions without affidavit are not evidence; reasonable promptness required for restoration.
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31 August 2022 |
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A stay of execution is only available against an executable decree; non-executable decrees render stay applications incompetent.
Civil procedure – Stay of execution – Court of Appeal Rules, 2009, Rules 11(3) and 11(4) – stay only in respect of an executable decree or order and within 14 days of notice; Rule 4(2)(a) not to be used where a specific rule exists; application seeking stay of non-executable decree is misconceived.
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31 August 2022 |
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Review dismissed: no manifest error apparent on the face of the Court's ruling and review scope is strictly limited.
Appellate procedure — Review jurisdiction — Limited to "own decisions" under s.4(4) AJA and Rule 66; grounds strictly construed; "Manifest error on the face of the record" — must be obvious and not require lengthy argument; Review record — confined to notice of motion, supporting affidavit and the decision sought to be reviewed; extraneous documents not admissible in review; Appeals — striking out an appeal strikes out the record and requires re-filing; extension of time may cure procedural defects.
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31 August 2022 |
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Appeal against refusal to recuse was interlocutory and incompetent; struck out for lack of mandatory leave.
Companies law – Petition under Companies Act – Recusal application – Ruling refusing recusal; Civil procedure – Interlocutory orders – "nature of the order" test; Appellate Jurisdiction Act, s.5(2)(d) and s.5(1)(c) – requirement for leave; Overriding objective cannot oust mandatory jurisdictional requirements.
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31 August 2022 |
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Applicant misconceived procedure by seeking a certificate instead of leave to appeal; application struck out with costs.
Land law — appeals originating at Ward Tribunal — when certificate on a point of law is required; Civil procedure — distinction between leave to appeal and certificate on point of law in land matters; Procedural competence — improper use of revision and misconceived applications; Application struck out with costs.
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31 August 2022 |
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Stay granted pending appeal subject to applicant depositing a bank guarantee of the decretal amount within 30 days.
Civil procedure – Stay of execution – application within time and compliance with Rule 11(7) requirements. Security for stay – purpose is to protect respondent’s ability to realise decree; cash deposit not mandatory; bank guarantee and firm undertaking may suffice. Enforcement against company officers – execution levied against director/company secretary following default judgment.
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31 August 2022 |
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Purchasers who were not parties when a suit was filed cannot challenge a later judgment; court proceeded without deceased respondent’s representative under amended rules.
Land law – res judicata – second complaint estopped by pending decision in earlier complaint; Civil procedure – effect of death of a party – 2019 amendments to Court of Appeal Rules (rule 105) applied analogously to civil revision permitting proceedings in absence of legal representative after twelve months; Execution – judgment cannot be quashed in execution proceedings; Locus standi – purchasers who were not parties when suit instituted cannot complain of denial of hearing.
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30 August 2022 |
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A revision application was struck out because a statutory right of appeal existed and no exceptional reasons justified revision.
Appellate Jurisdiction – whether an application for revision is competent where a statutory right of appeal exists under section 5(1)(c) of the Appellate Jurisdiction Act. Revision vs appeal – revision is not an alternative to appeal; appellate and revisional jurisdictions are generally mutually exclusive. Requirement of exceptional circumstances – invoking revisional jurisdiction instead of appeal requires good and sufficient/exceptional reasons.
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29 August 2022 |
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Applicant ordered to execute a bond maintaining status quo as security for stay of execution of a non-monetary decree.
Civil Procedure – Stay of execution – Rule 11(5) & (6) Tanzania Court of Appeal Rules – Security for due performance – Court’s discretion on type and amount of security – Non-monetary decrees – Bond to maintain status quo.
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26 August 2022 |
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A dismissal for want of prosecution due to missing witness statements is a decree appealable, not subject to revision.
Civil procedure – dismissal for want of prosecution – failure to file witness statements – witness statements essential for hearing – dismissal conclusively determining rights constitutes a decree – decree is appealable, not revisable – revision not an alternative to appeal.
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26 August 2022 |
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A dismissal for want of prosecution that conclusively determines rights is a decree and is appealable, not subject to revision.
Appealability of High Court dismissal for want of prosecution; distinction between 'decree' and 'order' under the CPC; revision is not an alternative to appeal; dismissal for default may operate as res judicata.
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26 August 2022 |
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Appeal struck out for failure to first apply to set aside default judgment under rule 23(1) of the Commercial Division Rules.
Commercial Division Rules – Rule 22(1) default judgment – Rule 23(1) remedy to set aside or vary default judgment – requirement to exhaust High Court remedy before appeal; Distinction between extension of time and setting aside default judgment; Order VIII r.12 Cap 33 not displacing rule 23(1); "air of reality" test for setting aside default judgment.
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26 August 2022 |
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Default notice validly served; mortgagee lawfully sold property; auction and sale upheld; appeal dismissed with costs.
Mortgagee power of sale; validity of service of default notice (including courier); protection of bona fide purchaser under s.135(5) Land Act; duty to obtain best price and evidential burden under s.133(1); public auction notice and postponement under Auctioneers Act s.12(2).
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26 August 2022 |
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Stay of execution granted pending appeal; applicant bank ordered to provide TZS70,000,000 guarantee for due performance.
Civil procedure – Stay of execution pending appeal – Court of Appeal Rules, 2009 rule 11(5)(b) – security for due performance – bank to execute guarantee with another bank for TZS 70,000,000.00 – parties to bear own costs.
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25 August 2022 |
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A stay application is not necessarily overtaken by subsequent High Court execution; adjournment allowed pending revision.
Civil procedure – Stay of execution – Effect of execution carried out in another court – Whether application is overtaken by events. Appellate procedure – Ex parte stay orders – Continued relevance despite subsequent High Court execution. Judicial administration – Registrar’s position and functus officio – status quo orders pending appellate determination. Remedies – Revision application in the Court of Appeal as a means to rectify High Court execution.
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25 August 2022 |
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Leave to appeal granted where alleged defective service of notice raises an arguable ground against an ex parte judgment.
Civil procedure — Leave to appeal — Prima facie grounds required for leave; Appeals from High Court need not be confined to points of law at leave stage. Service of process — Proof of service by registered mail — Alleged defective service as ground to set aside ex parte judgment. Execution — Attachment and sale ordered under ex parte decree; execution pending challenge.
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24 August 2022 |
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Appellant's trafficking conviction upheld: airport emergency search, chain of custody and analyst report found lawful and sufficient.
Criminal law – drug trafficking – validity of information – non‑retroactivity of statutory amendments; Arrest and detention – informing suspect – language barrier and interpreter; Search and seizure – emergency search without warrant; Evidence – chain of custody – oral proof versus documentary trail; Forensic evidence – admissibility of chemist’s report despite omission of drug effects; Burden of proof – no improper shift to accused; Sufficiency of evidence – conviction upheld.
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22 August 2022 |
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Court quashed judgment for relying on an unadmitted lease annexure and for failure to follow third‑party procedure, ordering rehearing.
Civil procedure – framing of issues (Order XIV) — issues are for directing proof and need not be amended merely because evidence was excluded; Evidence — annexures to pleadings not admitted as exhibits are not evidence and cannot support findings; Third‑party procedure (Order I Rules 14,16,17; Rule 18) — where third parties dispute indemnity or main claim court must give directions and properly separate trials; Failure to follow third‑party rules may vitiate proceedings.
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19 August 2022 |
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Sale by unregistered administrator of deceased land void ab initio; High Court’s unpleaded declaration of ownership quashed.
Probate & Administration Act; Land Registration Act (ss.67–68) – capacity of legal personal representative to dispose of registered deceased land – requirement to be registered before disposition – fiduciary duty of administrator to heirs – sale by administrator void ab initio if not for beneficiaries; Civil procedure – court bound by pleadings – unpleaded relief cannot be granted.
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18 August 2022 |
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Extension of time granted where High Court Registry’s failure to supply appeal documents constituted good cause.
Civil procedure – Extension of time under Rule 10 – Good cause required – High Court Registry’s failure to furnish certified copies of proceedings, judgment and decree can constitute good cause; technical delay distinguished from negligence of former counsel; allegation of illegality reserved for the full Court.
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18 August 2022 |
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Court granted a conditional stay pending appeal where applicant showed substantial loss and agreed to furnish security.
Stay of execution — Rule 11(5) Tanzania Court of Appeal Rules — requirements of substantial loss and security; registration of foreign arbitral award; attachment of business assets; bank guarantee as conditional security; stay pending appeal.
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18 August 2022 |
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A registrar’s miscalculated certificate of delay is invalid but may be cured via a supplementary record under the overriding objective.
Civil procedure – certificate of delay – miscalculation by Registrar renders certificate invalid – effect on time limit for appeal – competing approaches of striking out versus rectification – invocation of overriding objective (AJA ss.3A,3B and Rule 2) – leave to file supplementary record (Rule 96(7)) to cure defective certificate – requirement of prior request and service under Rule 90(1)-(3).
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18 August 2022 |
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Applicant failed to show sufficient cause for non-appearance; restoration refused and application dismissed with costs.
Civil procedure — Restoration of application dismissed for non-appearance — Sufficient cause under rule 63(3) — Medical evidence and police movement/sick leave insufficient — Finality of litigation and discretion to refuse restoration.
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17 August 2022 |
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Custody awarded in children’s best interests; appellant failed to prove entitlement to alleged matrimonial assets, and costs order against her was quashed.
Family law – custody – best interests of the child paramount; court may consider parents' means as ancillary factor. Matrimonial property – requires proof of existence, value and contribution to acquisition; burden lies on the party alleging. Court will not decide ownership of assets registered in third parties’ names in divorce proceedings. Costs in matrimonial proceedings – proviso to s.90(1) LMA requires court satisfaction before ordering wife to pay husband’s costs.
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16 August 2022 |
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Court declared 1 January 2003 sale agreement void for lack of consideration and upheld unpaid instalments with contractual interest (6% p.a.).
Contract — Sale of shares and assets — nemo dat quod non habet — contract for sale of assets void where seller no longer owned subject matter. Contract law — Essentials — lawful object and consideration required; agreement without consideration is void. Mistake — distinction between mistake of law and fact immaterial where no consideration exists; agreement void. Pleadings/evidence — claim for unpaid instalments and guarantee pleaded, admitted and proved; repudiation justified claim for all instalments. Interest — contractual interest (6% p.a.) enforceable; trial court's award of 6% per month erroneous; interest on accrued contractual interest permissible in commercial context.
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16 August 2022 |
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Circumstantial evidence and confession upheld murder conviction despite improperly listed exhibits being expunged.
Criminal law – murder – circumstantial evidence must irresistibly point to accused; committal requirements for listing documentary and physical exhibits – failure to read/list documents leads to expungement; non‑production of material exhibits may not be fatal where credible witness testimony and recovery led by accused corroborate charges; oral and extra‑judicial confessions admissible if properly tendered and not objected to; malice aforethought may be inferred from weapon used, planning and post‑offence conduct.
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15 August 2022 |
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Forged bank transfer, false TRA entries and subsequent transfers proved; respondents convicted for forgery, false pretences and money laundering.
Criminal law – Forgery and uttering – forged bank transfer form (Exhibit P5) – circumstantial evidence and disappearance of genuine EFT; Obtaining money by false pretences – payment effected on forged instruction; Electronic records – false tax entries to mislead principal (TRA) – absence in PACS as proof of non-payment; Money laundering – transfers to other accounts to conceal origin; Credibility – bank officers who signed the form held credible, not accomplices; Presumption from possession/uttering and inference of common intention.
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12 August 2022 |
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Applicant’s illness and claimed denial of hearing did not justify extension of time to seek review.
Civil procedure — Extension of time — Applicant must show sufficient cause and account for each day of delay — Rule 66(5) Tanzania Court of Appeal Rules. Review procedure — Review notice must be filed within 60 days. Sickness/hospitalisation — May excuse delay only if it accounts for entire period; applicant must explain inordinate delay. Apparent error/illegality — To ground extension, alleged illegality must be clearly demonstrated.
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12 August 2022 |
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Emergency airport search and credible oral chain-of-custody evidence upheld trafficking conviction and mandatory life sentence.
Criminal procedure – search and seizure at an airport – emergency search – oral evidence as substitute for seizure certificate (s.38(3) CPA; s.42 CPA). Evidence – credibility and minor inconsistencies – distinctions between material contradictions and immaterial variations in witness accounts. Chain of custody – proof by oral testimony where documentation lacking; admissibility of exhibits supported by CGC reports. Drugs law – trafficking conviction under s.16(1)(b) of the Drugs Act and mandatory life sentence. Admissibility – use of a deceased chemist's statement verified by another official.
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11 August 2022 |
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Cautioned statement expunged; identification by recognition found sufficient and appeal dismissed.
Criminal law – armed robbery – reliance on identification by recognition – necessity of favourable conditions (familiarity, source/intensity of light, proximity, duration). Criminal procedure – cautioned statement irregularly admitted (read before clearance) – expunged. Appellate jurisdiction – second appeal cannot entertain grounds not raised/determined in first appeal (s.6(7)(a) AJA). Charge sheet defects may be curable under s.388 Criminal Procedure Act where omission is innocuous and non-prejudicial.
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11 August 2022 |
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Suit for land recovery was time‑barred; prior revision did not exclude limitation period under s.21(1).
Limitation of actions – recovery of land – accrual of cause of action (awareness) – 12‑year limitation period – exclusion of time under s.21(1) Limitation Act requires prior proceeding to be before an incompetent court and arise from same cause of action – pleadings determine accrual date.
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11 August 2022 |
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An appeal is incompetent if Rule 90’s mandatory time limits and service requirements for requesting certified copies are not met.
Court of Appeal — Civil procedure — Time limits for instituting appeals — Rule 90(1) and (3) Court of Appeal Rules — Request for certified copies must be made within 30 days to exclude time — Registrar's certificate of delay cannot validate belated requests — Overriding objective cannot cure time-bar breaches.
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10 August 2022 |
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An armed robbery charge omitting the identity of the person threatened is incurably defective and warrants quashing of conviction.
Criminal law – Armed robbery (s.287A Penal Code) – Particulars of offence must disclose person threatened or assaulted – Omission is incurably defective and not cured by evidence – Charge insufficiency under s.132 CPA – Revisional powers to quash convictions and set aside sentences.
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10 August 2022 |
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Revision improperly invoked where an appeal was available and alternative remedies (review or correction) were not exhausted.
Civil procedure – Revisional jurisdiction v. appeal: revision is exceptional and should not substitute an available appeal. Revisional jurisdiction invoked where no appeal exists, appeal is blocked by judicial process, appeal not taken with good reason, or exceptional circumstances. Remedies for errors apparent on record: review under Order XLII and correction under section 96 of the C.P.C. Failure to implead administrators should be remedied by amendment/review, not automatic revision.
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10 August 2022 |
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Substitution of assessors mid‑trial and absence of recorded assessor opinions render land trial proceedings a nullity; retrial ordered.
Civil procedure – Land Division trials – requirement that a judge sit with two assessors and that the same assessors must hear the trial to conclusion. Civil procedure – Assessors – assessors’ opinions must be recorded and placed on the record; omission is fatal. Procedural irregularity – substitution of assessors mid‑trial and missing assessors’ opinions render proceedings nullity and warrant retrial.
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10 August 2022 |
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Applicant failed to account for delay or show an apparent illegality; extension of time to seek review refused.
Civil procedure – Extension of time – Rule 10 Court of Appeal Rules – requirement to show good cause and account for each day of delay; technical delay while pursuing remedies may be excusable but unexplained gaps are fatal. Review – alleged illegality in impugned decision – must be of sufficient public importance and apparent on record to justify extension of time. Judicial discretion – must be exercised judiciously on material placed before the Court, not sympathy.
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9 August 2022 |
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Expert bias and unreliable, non‑agreed testing vitiated the trial award; default judgment entered for the applicant's counterclaim.
Contract/Sale of goods – supply of ready-mixed concrete – proof of conformity to specified grade (25 Mpa) – burden and standard of proof (balance of probabilities). Evidence – expert opinion – impartiality of consultant-employed witness and admissibility/weight of such expert evidence. Evidence – laboratory testing – compliance with British Standard (agreement on testing procedure) and reliability of inconsistent test results. Civil procedure – counterclaim left uncontested – entitlement to default judgment under procedural rules.
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9 August 2022 |
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A judgment on admission leaving other claims pending is interlocutory and not appealable under section 5(2)(d) AJA.
Civil procedure — Appealability — Judgment on admission — Whether a judgment on admission that leaves other claims pending is interlocutory and not appealable under section 5(2)(d) of the Appellate Jurisdiction Act — Bozson test: does the order finally dispose of parties' rights? — Prior precedent affirmed.
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9 August 2022 |
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Appeal dismissed: weak visual ID rejected, but confessions and fingerprint evidence upheld, sustaining murder convictions.
Criminal law – murder; reliability of visual identification at night; cautioned statements – voluntariness, timeliness under s.50 CPA and admissibility; trial‑within‑a‑trial procedure and assessors; fingerprint evidence – expert qualification and chain of custody; corroboration of confessions.
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9 August 2022 |
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Alleged illegality in a consent matrimonial judgment can constitute good cause to extend time for a revision application.
Civil procedure — Rule 10 Court of Appeal Rules — extension of time to apply for revision — illegality of impugned decision as good cause. Matrimonial proceedings — consent judgment — validity where third-party children’s property interests affected and not heard. Jurisdiction — whether a matrimonial court may determine land ownership incidental to matrimonial rights. Procedure — role of a single Justice in assessing arguability of alleged illegality before granting extension.
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9 August 2022 |
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Road remained a district road (33 feet); claimants failed to prove pre‑proclamation private title and are not entitled to compensation.
Highways Ordinance – road classification and width; Width Rules 1967 – applicability only to specified classes; burden of proof in land claims within road reserve; Operation Vijiji and Village Land Act – validation does not override reserved road land; trespassers on road reserve not entitled to compensation.
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3 August 2022 |
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Trial court's arbitrary closure of defence case while counsel absent violated the appellant's constitutional right to a fair hearing.
Administrative justice; civil procedure — closure of defence case; right to a fair hearing (Article 13(6)(a) Constitution); discretionary refusal of adjournment; decision rendered a nullity; remittal for further hearing.
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2 August 2022 |
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An appeal from a High Court refusal of extension to seek judicial review requires leave under s.5(1)(c); failure renders it incompetent.
Appellate jurisdiction – requirement of leave under s.5(1)(c) AJA for appeals against High Court orders refusing extension of time to seek leave for judicial review. Competency – failure to obtain requisite leave ousts Court of Appeal jurisdiction. Procedure – jurisdictional points may be raised at any stage, including on appeal. Time limits – consequences of defective certificates of delay and proper reckoning of excluded days (raised but not determined due to dispositive leave issue).
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2 August 2022 |
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Publication of defamatory words established against publishers; speaker not proved liable and general damages remitted for assessment.
Defamation – whether published words are defamatory and who uttered them – burden of proof on plaintiff to establish speaker. Pleadings – parties bound by pleadings; unpleaded defences (justification, qualified privilege) cannot be relied on or upheld. Admissions – a defendant’s written statement of defence must be clear to constitute admission; court has discretion on judgment on admission. Damages – exemplary and business-loss claims require adequate proof; general damages assessment to be remitted under procedural rule 38.
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2 August 2022 |
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Review dismissed: alleged denial of hearing and legal errors were appeal matters, not manifest errors warranting review.
Civil procedure — Review of Court of Appeal judgment — Rule 66(1) grounds — manifest error on the face of the record — deprivation of right to be heard — preliminary objection — Rule 48(1) jurisdiction to correct citation errors.
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2 August 2022 |
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Post-conviction mental-examination order without grounds or disclosure renders trial unfair and warrants nullification and release.
Criminal law – insanity – distinction between sections 216 (fitness to stand trial), 219 (defence of insanity raised at plea) and 220 (court-initiated enquiry during trial); procedural requirements and timing for ordering mental examination under section 220(1) CPA; evidence – admissibility under section 34B(2) TEA; revisionary power to nullify trial where court failed to comply with due process; retrial and Fatehali Manji principle.
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2 August 2022 |
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Time spent obtaining certified copies cannot be excluded for revision applications; applicants must seek extension of time.
Civil procedure — Revision — Time limit for party-initiated revision under Rule 65(4) — Rule 90(1) proviso on exclusion of time applies only to appeals — Delay in obtaining certified copies must be remedied by applying for extension of time under Rule 10 — Application struck out as time-barred.
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1 August 2022 |
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Review application dismissed: appellate court properly tested whether factual findings were supported by evidence.
Labour law – constructive termination – scope of appellate jurisdiction under section 57 – when a factual finding is 'unsupported by evidence' as a point of law; Review procedure – rule 66(1) – limits of review, nullity and manifest error; Right to be heard – reopening hearing vs deciding on issues raised and argued; Appellate courts may examine record to test whether findings are reasonably drawn from evidence.
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1 August 2022 |