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Citation
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Judgment date
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| November 2022 |
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The applicant’s stay application was struck out for non‑service; extension of time requires a formal, affidavit‑supported application.
Civil procedure – Stay of execution – Non‑compliance with Rule 55(1) (service of notice of motion and affidavit) – Application incompetent and struck out; Extension of time – must be formal application supported by affidavit (Rule 10/48(1)); Statements by counsel from the bar are not evidence.
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4 November 2022 |
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Failure to prove specifically pleaded dates in the charge sheet led to acquittal and quashing of conviction.
Criminal law – burden and standard of proof – section 3(2)(a) Evidence Act – proof beyond reasonable doubt required in criminal cases. Criminal procedure – particulars of offence – when a specific date/time/place is pleaded the prosecution must prove those particulars. Evidence – failure to prove pleaded dates renders the charge unproved; variance or absence of proof may lead to acquittal. Sentencing – court will not enhance sentence where charged particulars are not proved.
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4 November 2022 |
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Inadequate summing up to assessors vitiated the trial; convictions quashed and retrial ordered.
Criminal procedure – Assessors – Summing up to assessors – Requirement to summarise substance of prosecution and defence and explain vital legal points (s.298(1) CPA) – Failure to properly sum up vitiates proceedings. Trial irregularity – Inadequate summing up renders assessors' opinions unreliable and may nullify conviction. Remedy – Convictions quashed, sentences set aside and retrial ordered with assessors per s.265(1) CPA. Evidential issues (retracted cautioned statement) raised but not determined due to procedural nullity.
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4 November 2022 |
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A certificate of delay must be verifiable from the record; an invalid certificate renders an appeal time-barred.
• Civil procedure — limitation — requirement to institute appeal within 60 days under rule 90(1).
• Civil procedure — certificate of delay — must be supported by dates and documents borne out of the record.
• Civil procedure — defective certificate of delay is invalid and cannot be relied upon to exclude time.
• Civil procedure — leave to rectify certificate — limited by rule 96(8); further rectification not granted.
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4 November 2022 |
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Strike-out application dismissed because the applicant’s affidavit failed to specify which essential appeal steps were omitted.
Court of Appeal – Civil procedure – Application to strike out Notice of Appeal under rule 89(2) – Applicant must prove which essential step was not taken – Affidavit must specify material particulars – Oral submissions from the bar cannot substitute for affidavit evidence – Trasafrica principle applied.
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4 November 2022 |
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An application for leave to appeal must first be made to the High Court; direct approach to the Court of Appeal is premature.
Civil procedure — Leave to appeal — Section 5(1)(c) AJA vs rule 47 Court of Appeal Rules — Application for leave must first be made to the High Court; direct applications to Court of Appeal are premature and incompetent.
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4 November 2022 |
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Failure to properly sum up to assessors renders the trial a nullity and warrants an expedited retrial.
Criminal procedure — Summing up to assessors — Requirement under section 298(1) CPA to summarise facts and explain relevant law — Failure to do so renders trial a nullity; retrial ordered. — Assessors’ role — Section 265(1) CPA. — Cautioned statement (admission) issue not determinative in view of fatal summing-up omission.
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4 November 2022 |
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Inadequate summing-up to assessors rendered the trial a nullity; conviction quashed and retrial ordered.
Criminal procedure – Summing-up to assessors – Section 298(1) CPA – duty to explain substance of evidence and vital legal points; failure is fatal. Assessors – inability to give meaningful opinion where summing-up is inadequate – renders trial without aid of assessors and nullity. Confessional statement – retracted cautioned statement – evidential value and need for proper directions in summing-up. Remedy – conviction quashed and sentence set aside; retrial (trial de novo) ordered before another Judge with assessors (s265(1)).
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3 November 2022 |
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Minor procedural defects and witness inconsistencies did not overturn conviction for unlawful possession of government trophies.
Criminal law - Wildlife offences - unlawful possession of government trophies (elephant tusks). Evidence - admissibility of seizure certificate; distinction from cautioned statements; requirement for s.38(3) CPA receipts. Criminal procedure - failure to read contents of documentary exhibits aloud requires expunging documents; oral evidence may still sustain conviction. Evidence - assessing contradictions: minor inconsistencies do not necessarily defeat prosecution case. Witnesses - prosecution's choice of witnesses and non-compellability of every possible witness.
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2 November 2022 |
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Improper summing up, inadmissible confessions and insufficient identification of remains rendered the conviction unsafe; appeal allowed.
Criminal procedure – mandatory summing up to assessors — failure to direct on confessions and alibi vitiates trial; cautioned statement compliance with s.57(3) CPA; extrajudicial statements and committal requirements (s.289(1) CPA); identification of exhumed remains and sufficiency of circumstantial evidence; retrial versus acquittal when prosecution case defective.
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2 November 2022 |
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Where an accused's age is disputed the court must inquire under the Law of the Child Act; failure warrants quashing and retrial.
Criminal procedure — disputed age of accused — duty to inquire under Law of the Child Act ss.113–114 and Rule 12 (Juvenile Court Procedure Rules) — proof by birth certificate, medical evidence, school records or social welfare information — failure to inquire constitutes miscarriage of justice; remedy: quash conviction and order retrial.
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1 November 2022 |
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An adjudication affecting an unjoined buyer breaches natural justice and is null; matter quashed and remitted for rehearing.
Civil procedure – joinder of parties – sale of property – necessity to implead buyer who may be affected; natural justice – audi alteram partem – failure to hear affected person renders proceedings null and void; appellate power – s.4(2) AJA – quashing and remitting judgment.
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1 November 2022 |
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Child victim’s credible testimony, unchallenged maternal eyewitness account and medical evidence supported conviction; appeal dismissed.
Criminal law – Unnatural offence (s.154 Penal Code) – Proof of penetration – Child testimony and corroboration – s.127(6) Evidence Act permits conviction on child’s uncorroborated evidence if credible – Failure to cite specific subsection in judgment curable (s.388 CPA) – Rule in Browne v Dunn and effect of failure to cross‑examine.
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1 November 2022 |
| October 2022 |
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Successor chairman must record reasons for takeover and assessors must give opinions in parties' presence; failure voids proceedings.
Civil procedure — succession of judicial officer — Order XVIII r.10(1) CPC — mandatory requirement for successor to state reasons when taking over a partly heard case; failure renders proceedings void. Land tribunal procedure — Regulation 19(2) DLT Regulations — assessors must give written opinions to chairman in presence of parties and those opinions must be read before judgment. Remedy — where successor failed to assign reasons and assessors' opinions not recorded, proceedings and appeals are nullified and a fresh trial ordered.
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31 October 2022 |
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Failure to inform and adequately sum up to assessors on vital legal points renders the trial null, requiring retrial.
Criminal procedure – Assessors – duty to explain role and duties at trial – summing-up – mandatory duty to direct assessors on vital points of law (circumstantial evidence, cautioned statement, alibi, last-seen doctrine) – omission renders trial a nullity – retrial ordered.
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31 October 2022 |
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Inadequate summing up to assessors on circumstantial evidence and confession renders the trial a nullity; retrial ordered.
Criminal procedure – summing up to assessors – section 298(1) CPA – mandatory duty to explain substance of evidence and direct on salient legal points; Evidence – circumstantial evidence and presumption of last person seen with deceased – requirement to direct assessors; Evidence – confessional/cautioned statement – need to direct on reliability; Procedural irregularity – inadequate summing up renders trial without assessors and a nullity; Remedy – conviction quashed, sentence set aside, retrial ordered.
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31 October 2022 |
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Failure to inform and properly address assessors vitiated the trial; conviction quashed and retrial ordered.
Assessors' participation – must be informed of roles before trial; summing up to assessors – judge must summarize evidence and explain vital points of law (circumstantial evidence, corroboration, retracted confession, common intention, last-seen doctrine); introduction of extraneous matters in summing up vitiates trial; where trial vitiated by such defects, retrial may be ordered.
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31 October 2022 |
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The applicant's unequivocal guilty plea to child rape precludes appeal on conviction; mandatory life sentence was lawful.
Criminal law – guilty plea – effect of plea under s.360(1) CPA – limited exceptions per Laurence Mpinga – plea must be unequivocal, not ambiguous or mistaken. Evidence – medical examination report (PF3) as proof of penetration in child rape cases. Sentencing – subordinate court jurisdiction to impose mandatory minimum life sentence for rape of a child under ten years (s.170(1)(a) and Minimum Sentences framework).
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31 October 2022 |
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Material variance between charged date and prosecution evidence undermined proof beyond reasonable doubt; conviction quashed.
Criminal law – unnatural offence – variance between charge particulars (date) and prosecution evidence – duty of prosecution to prove particulars – requirement to amend charge under section 234(1) Criminal Procedure Act – failure to address variance amounts to fatal defect.
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28 October 2022 |
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Credible eyewitness testimony can sustain a child sexual‑abuse conviction despite hearsay and absence of medical or victim testimony.
Criminal law – child sexual offence – sufficiency of eyewitness evidence; hearsay; absence of medical expert or child victim testimony; second appeal standard — concurrent findings disturbed only for misdirection/non-direction; Evidence Act s.143; convictions may stand on credible oral eyewitness accounts.
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27 October 2022 |
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Court expunged improperly admitted PF3 but upheld rape conviction, finding core evidence proved all elements beyond reasonable doubt.
Criminal law – Rape – elements required: penetration, victim’s age, identity of assailant; Charge‑sheet defects – omission of punishment subsection curable under s.388(1) CPA; Variance between charge and evidence – time/age discrepancies immaterial if core evidence consistent; Documentary evidence – PF3 must be properly admitted (read aloud) or be expunged; Appeal procedure – appellate court duty to re‑evaluate defence evidence when first appellate court fails.
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27 October 2022 |
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Procedural defects were curable; convictions upheld and EOCCA sentence increased to the statutory minimum of 20 years.
Economic offences – jurisdiction – DPP certificate – erroneous reference to EOCCA subsections; Criminal Procedure Act – accused’s right to be addressed under s.231(1) – curable omissions under s.388(1); Oaths Act/Cap 34 – affirmation where no religion; Evidence – failure to read exhibit over in court – expunction; Sentencing – EOCCA s.60(2) minimum sentence for economic offences – enhancement to 20 years.
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27 October 2022 |
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Victim’s credible uncorroborated testimony upheld under Evidence Act; curable procedural and naming errors did not vitiate conviction.
Criminal law – Rape – conviction may rest on uncorroborated testimony of sexual‑offence victim where court records reasons and finds the witness credible (Evidence Act s.127(6)). Criminal procedure – Record authentication – omission to append signature after each witness not necessarily fatal if proceedings are signed at end of day. Pleadings – Variance/misspelling in name in charge – curable defect where no prejudice to accused (charge not misleading). Evidence – Improperly admitted medical report expunged but conviction may stand on credible victim’s testimony. Appellate review – evaluation of credibility ordinarily left to trial court; appellate interference limited absent demonstrable misdirection.
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27 October 2022 |
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A prior court's final judgment bars re-litigation of the same land dispute; church settlements cannot override it.
Civil procedure – res judicata – applicability where prior suit finally decided by a competent court under section 9 CPC. Res judicata – five conditions: same matter, same parties/privies, same title, competent court, final decision. Non-judicial settlements – church-mediated settlements cannot overturn or supersede a court's final judgment. Administrator of estate – barred from re-litigating property already finally determined by competent court.
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27 October 2022 |
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Conviction for unnatural offence upheld despite a mis-cited provision; competent child’s unsworn testimony sufficed.
Criminal law – Unnatural offence (s.154 Penal Code) – Wrong citation of paragraph (b) relating to animals held inconsequential; no requirement to cite punishment provision in charge sheet. Criminal procedure – Particulars of offence – Stating place as 'Esso Area' sufficient under s.135(1) CPA where no prejudice shown. Evidence – Child witness – Voir dire and unsworn testimony admissible; credibility and demeanour for trial court to assess. Evidence – Absence of medical/PF3 evidence not fatal; penetration need not depend solely on medical proof. Appeal – Appellate re-evaluation – Conviction and sentence affirmed where all ingredients proven beyond reasonable doubt.
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26 October 2022 |
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Second appeal dismissing challenge to drug trafficking conviction: EOCCA consent not required, chain of custody and cautioned statement lawful.
Criminal law – Drugs – Trafficking in cannabis – admissibility and chain of custody of seized drugs – oral and documentary proof of continuity of custody. Evidence – cautioned statement – compliance with section 50 Criminal Procedure Act (four-hour rule). Jurisdiction – EOCCA – DPP consent not required where offence is not an economic offence under the First Schedule. Appellate procedure – second appeal cannot entertain new factual issues not raised before first appellate court.
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24 October 2022 |
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Applicant’s absence did not exceed five working days; termination was unjustified and Court’s earlier decision reviewed and set aside.
Court of Appeal — Review under Rule 66(1)(a) — Limits of review (manifest error vs re-assessment of evidence); Evidence Act s.59(1)(g) — judicial notice of public holidays; Employment law — abscondment and Code of Good Practice rule 9(1) — termination requires absence over five working days; Procedural fairness — allegation of denial of disciplinary hearing considered a new ground.
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24 October 2022 |
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Failure to show good cause for non-appearance justifies dismissal of application to set aside ex parte judgment.
Civil procedure – setting aside ex parte judgment – rule 43(2) High Court (Commercial Division) Procedure Rules – applicant must show good/sufficient cause; party’s duty to follow up counsel’s conduct; substantive challenges to underlying suit irrelevant to setting aside application.
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24 October 2022 |
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Failure by the first appellate court to decide all grounds renders its judgment null and warrants remittance for rehearing.
Criminal procedure – appeal – failure of first appellate court to consider grounds of appeal – fatal irregularity; judgment nullity. Evidence – visual identification and cautioned/confessional statements – issues as grounds of appeal requiring proper appraisal. Appellate practice – when Court of Appeal may step into shoes of first appellate court versus when to remit for rehearing.
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24 October 2022 |
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A PSA does not confer stamp‑duty exemption absent a Ministerial Gazette notice; appellant failed to prove exemption, appeal dismissed.
Stamp Duty – instruments executed outside Mainland Tanzania – s.5(1)(b) Stamp Duty Act – chargeable if relating to Mainland property; Exemption – requires Ministerial notice in Gazette – s.16(1) Stamp Duty Act; Burden of proof – appellant to prove exemption – s.18(2)(b) TRAA; Stamping of foreign instruments – s.26 Stamp Duty Act; Procedure – objection determination and Notice of Confirmation of Assessment; production/registration of tax agreements (s.143 ITA).
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24 October 2022 |
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Informal alteration of a charge sheet is inadequate; failure to formally amend a defective charge renders conviction a nullity.
Criminal procedure — Charge sheet materially inconsistent with evidence — Amendment under section 234(1) CPA required — Informal crossing out insufficient — Accused must be re‑read the amended charge. Criminal procedure — Defective charge causing prejudice — Incurable defect — Section 388 CPA inapplicable. Appellate jurisdiction — Proceedings nullified where trial was unfair — Conviction and sentence quashed; release ordered.
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21 October 2022 |
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Oral testimony, not documentary exhibits, sufficed to uphold corruption convictions; witnesses were not accomplices and did not require further corroboration.
Criminal law – Corruption – Soliciting and receiving bribe; Evidence – accomplice vs witness with interest; corroboration of accomplice evidence – section 142 Evidence Act; admission and expungement of documentary exhibits; sufficiency of oral evidence to uphold conviction.
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21 October 2022 |
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Variance between charge date and evidence, plus failure to call material witness, led to quashing of conviction.
Criminal law — Particulars of offence — Prosecution obliged to prove date/time/place where specified in charge; material variance between charge and evidence fatal; failure to call material witness permits adverse inference; appellate interference with concurrent findings justified where prosecution fails to prove essential particulars.
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21 October 2022 |
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Child’s testimony and medical report were credible; earlier-recorded evidence lost weight after lawful resummoning, and life sentences ordered concurrent.
Criminal law — Evidence Act s127(2),(6) — Child of tender years — Requirements for promise to tell the truth; Medical evidence — PF3 admissibility — competence of examining practitioner; Criminal Procedure Act s214 — resummoning witnesses and evidential effect of earlier-recorded testimony; Sentence — multiple life terms and concurrency; Appellate revisional powers.
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21 October 2022 |
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Failure to serve the notice of motion within 14 days under Rule 55(1) renders the application incompetent.
Civil procedure – Service of notice of motion – Rule 55(1) TCA Rules (2009) – Mandatory requirement to serve notice and supporting documents within 14 days – Failure to prove service renders application incompetent – Overriding objective cannot cure non‑compliance with mandatory rules – Enerico Kakala; Sadallah precedents.
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20 October 2022 |
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Motorcycle rider acquitted for lack of common intention; principal's possession conviction and mandatory sentence upheld.
Wildlife Conservation Act – unlawful possession and dealing in government trophies; chain of custody and exhibit register; validity and sufficiency of Trophy Valuation Certificate; search and seizure (WCA s.106, CPA s.38) and validity of seizure document; common intention doctrine; delegation of prosecutorial consent (G.N. No. 284 of 2014); mandatory minimum sentencing under WCA s.86(2)(b).
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19 October 2022 |
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Whether management/service fees to a foreign resident fall within the DTA and exempt Tanzanian withholding tax.
Double Taxation Agreement – Article IV(1) – interpretation to include management/service fees as "industrial and commercial profits"; withholding tax – source and residence tests; Income Tax Act (sections 6, 69, 83) – obligation to withhold on services rendered in Tanzania; permanent establishment – attribution and relief; treaty interpretation principles vs OECD commentary.
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19 October 2022 |
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Committal notice failure and inadequate guidance to assessors rendered trial evidence inadmissible and convictions unsustainable.
Criminal procedure – committal proceedings and notice – section 289(1) CPA; inadmissibility and expunction of witnesses/exhibits not listed at committal.\nCriminal procedure – role of assessors – judge’s duty to adequately sum up on vital legal points (visual identification, circumstantial evidence, recent possession, confessional statements) – misdirection vitiates proceedings.\nEvidence – visual identification and identification parade reliability.\nRemedy – quashing convictions and sentences; discretionary refusal to order retrial.
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19 October 2022 |
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Guarantor’s unilateral termination ineffective; guarantor liable only for 80% of principal; unaccounted seized assets must be deducted.
Banking law – term loan – secured loan with cash deposit, equipment registration, personal guarantees and hypothecation – guarantor’s termination of guarantee – contractual termination procedure – guarantor liable for 80% of outstanding principal only – guarantor not liable for interest – seizure and public auction of secured chattels – directors’ personal guarantees and hypothecation pierce corporate veil – failure to account for seized but unsold assets entitles borrower to deduction.
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19 October 2022 |
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Second-bite leave in land appeals is competent after s.47 amendment; arguable illegality granted leave to appeal.
Appeal – Land law – Second-bite leave under Rule 45(b) – Competence after 2018 amendment of s.47 Cap.216 – High Court and Court of Appeal concurrent jurisdiction; Judicial procedure – Leave to appeal – Prima facie illegality – Failure to record assessors’ opinions; unexplained change of assessors; jurisdictional challenge; alleged double allocation; Relief – Leave to appeal granted; no order as to costs.
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19 October 2022 |
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Assessors' briefing omission cured; despite some errors expunged, evidence sufficed to uphold murder conviction and death sentence.
Criminal appeal — assessors' briefing omission cured where assessors actively participated; admissibility — error in court referring to non‑tendered cautioned statement must be expunged; discrepancies in delayed witness testimony may be minor; last‑seen doctrine and eyewitness/autopsy evidence can sustain murder conviction; rejection of defence does not imply non‑consideration.
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18 October 2022 |
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Review dismissed: applicant failed to show denial of hearing or manifest error; review cannot substitute for re‑hearing of appeal.
Appellate procedure — review under Rule 66(1) — review limited to manifest errors on face of record or denial of hearing; criminal evidence — admissibility and chain of custody of exhibits; Evidence Act s.34B(2) — admission of unavailable witness statements; review not to serve as rehearing of appeal.
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18 October 2022 |
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A one-day delay in filing a revision application is jurisdictional and not excused by the Overriding Objective.
Civil procedure – Revision application – Time limit – Even a one-day delay must be accounted for – Time bar affects jurisdiction – Overriding Objective cannot cure jurisdictional non-compliance with filing time limits.
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18 October 2022 |
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Trial by a magistrate lacking a High Court transfer order is a jurisdictional nullity and cannot be cured by overriding objective.
Criminal procedure – Transfer under s.256A(1) CPA – transfer must be directed to a specific resident magistrate with extended jurisdiction. Jurisdiction – Proceedings, trial and judgment by magistrate lacking a transfer order are a nullity. Overriding objective / s.388 CPA – cannot cure jurisdictional defects. Appellate revision – s.4(2) AJA used to nullify proceedings, quash conviction and remit record to High Court.
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18 October 2022 |
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An application for extension to appeal a High Court refusal of leave is misconceived and is struck out.
Appellate procedure – extension of time to apply for leave to appeal – concurrent jurisdiction of High Court and Court of Appeal (s.11 AJA; Rules 45(b), 45A(1)(b), 47) – 'second bite' doctrine – refusal of leave by High Court non-appealable – competence of application.
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13 October 2022 |
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Alleged illegality in the High Court’s decision constitutes good cause to extend time to file an appeal.
Extension of time – Rule 10 – good cause – requirement to account for delay – illegality of lower court decision as sufficient ground – right to be heard – leave to appeal.
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13 October 2022 |
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Conviction for rape of a two‑year‑old affirmed; procedural omissions curable and non‑prejudicial.
Criminal law – Rape of child under ten – Charge sheet omissions – sentencing provision not mandatory on charge sheet; curable under s.388 CPA – Evidence: medical and eyewitness proof of penetration and identity – s.211(1) (interpretation) and s.312(2) (judgment specification) non‑compliance curable if not prejudicial.
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13 October 2022 |
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Trial conducted outside the territorial court specified in the transfer order lacked jurisdiction and was nullified.
Criminal procedure – Transfer under section 256A(1) CPA – Territorial jurisdiction – Resident Magistrate with extended jurisdiction must sit at court and region specified by transfer order – Trial held outside designated territorial court is nullity – Proceedings quashed and remitted to High Court.
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13 October 2022 |
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Applicant failed to account for each day's delay; alleged illegality alone did not justify extension to seek a stay.
Civil procedure — Rule 10 extension of time — requirement to account for each day of delay; illegality as ground for extension — only where extension enables remedy; stay of execution applications.
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13 October 2022 |
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An unequivocal guilty plea admitting all elements bars appeal; exhibits tendered after plea need not be read aloud.
Criminal law – guilty plea – requirements for an unequivocal plea – charge and facts to be stated and admitted; Criminal law – appeals from guilty pleas – grounds permitting appeal (misapprehension, ambiguity, no offence disclosed); Evidence – tendering exhibits after guilty plea – permissible and contents need not be read aloud; Procedure – age ascertainment – where age is in charge sheet and not disputed, no further proof required.
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13 October 2022 |