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Citation
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Judgment date
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| October 2022 |
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Court dismissed appeal, finding identity and statutory rape proved despite PF3 expunged and minor inconsistencies.
Criminal law – Rape/statutory rape – Proof of age of victim; Identification evidence – visual ID under poor lighting; E vidence – variance in time immaterial; PF3 (medical report) not read out and expunged; Absence of investigating officer's testimony not fatal where credibility of other witnesses suffices.
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13 October 2022 |
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Conviction for obtaining money by false pretences upheld; witness credibility and compensatory refund affirmed.
Criminal law – Obtaining money by false pretences: elements—false representation, obtaining money, intent to defraud; Evidence – credibility of witnesses and appellate restraint on reassessing demeanour findings; Evidence of relatives – admissible and may be relied upon if credible; Documentary exhibits – may be tendered by a party who possessed or dealt with them; Procedural – failure to call a witness (advocate) not fatal where other competent evidence identifies and connects exhibits.
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12 October 2022 |
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Delay and counsel negligence do not justify extension; alleged illegality must be apparent on the record.
Extension of time – Rule 10 Court of Appeal Rules – requirement to account for each day of delay – advocate’s negligence not a sufficient cause – illegality as ground for enlargement of time must be apparent on face of record – alleged improper interest awards not shown to be manifestly illegal.
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12 October 2022 |
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Conviction quashed: illegal night search without warrant and broken chain of custody rendered evidence unreliable.
Criminal law – Drug trafficking – Proof beyond reasonable doubt – admissibility and reliability of seized narcotics. Search and seizure – Requirement of search warrant and compliance with CPA (time and court leave) – illegally obtained evidence. Evidence – Chain of custody – need for continuous, documented custody and oral account to exclude tampering. Criminal procedure – Defective charge – curability under section 388(1) CPA where particulars inform accused of offence.
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11 October 2022 |
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Review refused: applicant’s dissatisfaction and reliance on a power of attorney did not constitute manifest error or denial of hearing.
Court of Appeal — Review jurisdiction — Rule 66(1) AJA — Error apparent on face of record — Limited grounds for review — Review not an appeal in disguise; Locus standi — Capacity to sue — Power of attorney does not cure lack of legal capacity.
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7 October 2022 |
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Court found appellant's imported maize seeds failed germination; damages reduced to amounts strictly proved and dealer's award vacated.
Seed certification and quality – TOSCI germination testing – weight and credibility of expert certification versus supplier certificates. Evidence – admissions under Order XII rule 1 CPC binding between parties. Estoppel – promissory/conduct-based estoppel where supplier dealt with a dealer and cannot later deny dealer status. Damages – special damages must be specifically pleaded and strictly proved; courts will vary awards to amounts strictly evidenced.
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7 October 2022 |
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Amendment limiting import-duty exemptions did not retrospectively remove benefits protected by pre-existing investment certificates; appeal dismissed.
Investment law – certificate of incentive as government-investor agreement; protection of benefits under section 19(2) TIA; non‑retrospectivity of Finance Act 2013 amendments; extensions vs new certificates; interaction between EACCMA and domestic customs law on exemptions.
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7 October 2022 |
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Child victim’s properly received credible evidence and medical PF3 established rape; appeal dismissed.
Evidence Act s.127 (child witness) – procedure for receiving evidence of a child of tender age; inquiry into understanding of oath. Sexual offences – best evidence usually from the victim; corroboration by medical PF3. Delay in reporting – immaturity, fear or shame may justify delay and does not necessarily undermine credibility. Appellate review – deference to trial court’s and first appellate court’s concurrent findings on credibility absent cogent reasons to overturn.
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7 October 2022 |
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Termination was substantively and procedurally unfair; compensation adjusted and contingent contractual benefits disallowed.
Employment law - unfair termination - substantive and procedural fairness; burden of proof for alleged misappropriation; requirement to produce/serve investigative/audit reports; section 40 ELRA remedies - compensation plus contractual entitlements; distinction between vested and contingent contractual benefits; computation of repatriation and subsistence allowance.
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7 October 2022 |
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Applicant's claims about alibi/credibility and denial of hearing were appellate issues, not grounds for review; application dismissed.
Criminal procedure — Review under Rule 66 — Scope limited to manifest error apparent on face of record, denial of hearing, nullity or lack of jurisdiction; issues of alibi, witness credibility, or adequacy of lower court judgments are appellate matters, not review grounds.
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7 October 2022 |
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Alleged illegality (including lack of jurisdiction) can constitute sufficient cause to enlarge time to file a notice of appeal.
Extension of time — sufficient cause — illegality as ground for enlargement of time; challenge to trial court's pecuniary jurisdiction; default judgment; appellate supervisory jurisdiction; exercise of judicial discretion.
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7 October 2022 |
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Court quashed dismissal and substituted striking out where eviction application was incompetent and sale predated stay.
Civil Procedure – Revision – timeliness under Rule 65(4) – revision of High Court Ruling of 10/2/2021. Execution and stay – sale by public auction pre-dating stay of execution – non-disclosure to court. Civil Procedure – incompetent application – striking out versus dismissal – dismissal inappropriate where matter not determined on merits.
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7 October 2022 |
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Applicant failed to show sufficient cause under Rule 63(3) to justify re-hearing of an application heard in its absence.
Civil procedure – re-hearing/restoration under Rule 63(3) – requirement to show "sufficient cause" to re-hear an application heard and allowed in a party's absence. Evidence – need for corroboration (affidavits from court staff) to substantiate claims of misdirection or attendance at wrong courtroom. Medical evidence – medical chit must sufficiently demonstrate inability to attend. Procedural grounds – importance of intended appeal does not, by itself, constitute sufficient cause for re-hearing.
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6 October 2022 |
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Presence at scene and credible seizure evidence upheld conviction for trafficking despite procedural delays.
Criminal law – Narcotic drugs – trafficking – admissibility and disposal of perishable exhibits under PGO 229:25; seizure certificates and emergency searches (s.42 CPA); chain of custody – delays in chemist’s report – preservation versus documentary perfection; credibility of witnesses and association with vehicle.
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6 October 2022 |
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Variance in particulars of the charge was not fatal where essential elements of armed robbery were proved beyond reasonable doubt.
Criminal law — Armed robbery — Essential ingredients under section 287A — Variance between charge sheet and evidence not fatal if ingredients proved — Identification and arrest at scene — Proper charging under section 22(1)(a) Penal Code.
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6 October 2022 |
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Tenant failed to prove lease alteration and, after lease expiry, unlawful occupier was not entitled to notice or compensation.
Tenancy law – expiry of lease and status thereafter – unlawful occupation/trespass.* Eviction – service of notice – constructive/service to agent and local government offices; affixation at premises.* Evidence – allegations of fraud/alteration of documents require higher degree of proof than ordinary civil claims; onus on alleging party.* Remedies – unlawful occupier not entitled to notice or compensation for forcible eviction.
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6 October 2022 |
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Trespass conviction upheld where complainant’s title was confirmed and a locus in quo visit was unnecessary.
Criminal law – Criminal trespass – Effect of non-execution of civil decree on criminal proceedings – Law of Limitation not applicable to criminal prosecutions; locus in quo inspections unnecessary where location and possession are undisputed.
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6 October 2022 |
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Child’s unsworn evidence improperly received and, with insufficient remaining proof and unexplained delay, conviction was quashed.
Evidence Act s.127 – Child witnesses – requirement to test understanding of oath before accepting promise to tell the truth; non‑compliance renders testimony inadmissible. Criminal law – sufficiency of evidence – conviction cannot rest on inadmissible child evidence; hearsay and medical findings absent identification are insufficient. Criminal procedure – unexplained delay in arraignment may create reasonable doubt and undermine prosecution case. Trial evaluation – appellate scrutiny of whether defence and credibility issues were properly considered.
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6 October 2022 |
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Appellate court upheld rape conviction: victim’s testimony and medical evidence sufficient; omission of time in charge not fatal.
Criminal law – Sexual offences – Rape of a girl under 18 – Proof requires penetration, age and identity – Victim’s evidence and medical corroboration. Identification – Prior familiarity can render descriptive omissions immaterial. Evidence – Minor inconsistencies or variances in dates are immaterial if they do not affect central prosecution story. Criminal procedure – Particulars of time in a charge are not always required; omission is not fatal unless time is of the essence. Appellate review – Concurrent findings of fact will not be disturbed absent misapprehension or injustice.
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6 October 2022 |
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Extension of time under rule 10 is discretionary and not time-barred; application struck out after applicant conceded time-barred leave application.
Appeal procedure – extension of time – rule 10 Court of Appeal Rules – application for extension is governed by good cause and Court's discretion; rule 45 (time for leave to appeal) inapplicable to extension applications; application struck out where applicant conceded underlying time-barred status.
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5 October 2022 |
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An application under Rule 10 is not time‑barred; the applicant must show good cause and the grant is discretionary.
Civil procedure – Extension of time – Rule 10 Court of Appeal Rules – Application cannot be time‑barred – Good cause required – Discretionary remedy – Jurisdictional objection under Rule 45.
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5 October 2022 |
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Victim's credible testimony and medical corroboration sustained the appellant's convictions for rape and sodomy.
Sexual offences – child complainant – credibility and identity of assailant; Corroboration by medical evidence (PF3/Exhibit P.1); Delay in reporting – threats and child's age; Concurrent factual findings – limited interference by appellate courts; Failure to cross-examine crucial witnesses may amount to acceptance of evidence.
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5 October 2022 |
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Conviction for unnatural offence upheld; procedural defects curable and sentence lawfully enhanced to life imprisonment.
Criminal procedure — curability of defects in a charge under section 388 CPA; failure to furnish police statement under section 9(3) CPA; Evidence Act s.127(2) — reception of child witness evidence and inquiry into understanding of oath; admissibility and corroborative weight of medical report in sexual offences; material variance between charge and evidence; mandatory life sentence under Penal Code s.154(2) where victim is under 18.
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5 October 2022 |
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Suo motu dismissal at FPTC denied the appellant's constitutional right to be heard; appeal allowed and matter remitted.
Civil procedure – Final pre-trial conference – Court raising competence sua motu – requirement to afford parties opportunity to be heard under Article 13(6). Constitutional law – right to be heard (audi alteram partem) – procedural fairness where judge raises legal issues not previously argued. Probate & administration – overlap of probate proceedings with civil suit raising competence questions. Remedy – quashing suo motu dismissal and remitting record for continuation at prior stage.
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5 October 2022 |
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Ignorance of new e‑filing rules and administrative delays do not amount to sufficient cause for extension of time.
Civil procedure — Extension of time — "Sufficient cause" — Applicant must account for all days of delay; ignorance of procedural rule (electronic filing) and administrative delay (practicing certificate/Tax Clearance) do not constitute good cause; affidavit evidence must be properly placed before the court.
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5 October 2022 |
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Unpleaded contract cannot be relied on; commercial interest must be proved, court awarded 12% decretal interest.
Civil procedure – pleadings – cause of action must be pleaded; parties bound by pleadings; evidence extraneous to pleadings may be ignored. Contract – contractual dispute resolution clauses – exhaustion of agreed mechanisms; court may not determine remedies under a contract that was not pleaded. Commercial law – mercantile practice entitles commercial debts to interest, but specific commercial rate must be proved; decretal (court) rate may be awarded where commercial rate is unproven.
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5 October 2022 |
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Alleged insanity and voluntary intoxication did not negate rape conviction; life sentence reduced due to victim age uncertainty.
Criminal law – Alleged insanity of accused – Procedure under CPA ss.216–218; medical report vs. court findings; voluntary intoxication/self‑induced state not a defence to negate intent in sexual offences; admissions/confessions as strong evidence; sentence mitigation where victim's age is in dispute.
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4 October 2022 |
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Summary judgment in mortgage enforcement cannot be entered against non-parties to the mortgage; denial of hearing nullifies the decision.
Civil procedure – Summary suits in mortgage enforcement – only parties to the mortgage deed may be impleaded and subjected to summary judgment; guarantors/non-parties should not be included. Constitutional right to be heard – denial renders decision nullity. Statutory interpretation – plain meaning rule applies to procedural provisions.
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4 October 2022 |
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Summary procedure under Order XXXV cannot be used against guarantors who are not parties to the mortgage; judgment set aside.
Civil procedure — Summary procedure (Order XXXV) — Suits arising out of mortgages — Applicability only against parties to mortgage deed; Guarantees vs promissory notes — distinct legal regimes (LCA vs BEA); Right to fair hearing — defendants condemned without leave to appear — summary judgment set aside.
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4 October 2022 |
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Only a grantee of probate or letters of administration may sue for a deceased's estate; respondent lacked standing.
Probate and Administration of Estates Act (Cap.352) – section 71 – only grantee of probate or letters of administration may sue as representative of a deceased's estate. Intermeddling – executor of his own wrong – sections 16 and 17 – liability to rightful executor/administrator, legatee or creditor. Locus standi – absence of administrator or probate bars private persons from suing to recover or administer estate assets.
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4 October 2022 |
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A conditional stay of execution was granted pending appeal where the applicant showed risk of substantial loss and undertook to provide bank guarantees.
Court of Appeal — Stay of execution — Rule 11(5) Tanzania Court of Appeal Rules — requirement of substantial loss and security — undertaking to furnish bank guarantee — balance of convenience — conditional stay pending appeal.
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3 October 2022 |
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High Court lacked jurisdiction where respondent was a specified public corporation requiring leave under the Bankruptcy Act.
Public corporations – Specified public corporation declared under GN No.33/1997 – PSRC/Treasury Registrar as official receiver – Application of Bankruptcy Act – Section 9(1) mandatory leave to sue or be sued – Competence and jurisdiction – Counterclaims by specified public corporations require involvement of receiver.
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3 October 2022 |
| September 2022 |
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A suit filed against a deceased person is a nullity and should be struck out, not dismissed.
Civil Procedure – Suit instituted against deceased person – nullity – incompetent proceedings to be struck out, not dismissed; Order 1 Rule 10(1) substitution inapplicable; costs not warranted where suit is nullity and procedural handling was erroneous.
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30 September 2022 |
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Conviction quashed where visual and voice identification were unreliable and the cautioned statement was inadmissible.
Criminal law – visual identification – identification at night and in chaotic circumstances requires strict scrutiny; voice identification unreliable; cautioned statements recorded in presence of other officers inadmissible – standard of proof beyond reasonable doubt.
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30 September 2022 |
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Penalty omission was curable; credible complainant testimony and medical/eye‑witness evidence sustained convictions.
Criminal law – Sexual offences – Rape and sodomy – Complainant’s testimony as central evidence and may suffice if credible and consistent. Criminal procedure – Particulars of offence – Omission of specific penalty provision in charge curable under section 388 CPA where no prejudice. Criminal procedure – Trials involving sexual offences – Section 186(3) CPA (in camera) intended to protect victims; breach does not automatically vitiate proceedings absent shown prejudice. Evidence – Corroboration by eyewitnesses and medical report supports convictions.
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30 September 2022 |
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Review application dismissed for failing to show a manifest error on the face of the record.
Civil procedure – Review under Rule 66(1)(a) – Manifest error on the face of the record – Requirement to identify an obvious, patent mistake; review not a rehearing or re-assessment of evidence.
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29 September 2022 |
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Cautioned statement recorded with other officers vitiated; uncorroborated co‑accused evidence insufficient—appellant's conviction quashed.
Criminal law – Admissibility of cautioned statements – voluntariness and right to privacy; cautioned statement recorded in presence of other officers vitiates confession. Evidence of co‑accused requires corroboration; uncorroborated recent‑possession link insufficient. Proof beyond reasonable doubt — conviction quashed when key evidence expunged.
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29 September 2022 |
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Stay of execution granted pending appeal where application was timely, security offered and drawn order sufficed as the decree.
Stay of execution — Rules 11(4), 11(5) & 11(7) CA Rules — timeliness, risk of substantial loss, security and accompanying documents — drawn order as decree — Court’s power to stay execution of subordinate court/officer’s decree upheld on High Court reference.
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29 September 2022 |
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Proceedings conducted without a section 256A transfer are a nullity; conviction quashed and matter remitted for proper retrial.
Criminal procedure – Transfer of cases under section 256A Criminal Procedure Act – transfer must be issued before plea taking and preliminary hearing; absence of transfer vitiates jurisdiction. Overriding objective – cannot cure mandatory jurisdictional defects. Revisional powers – quash proceedings, conviction and sentence; remit information to High Court for retrial.
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29 September 2022 |
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Conviction quashed where night‑time visual and voice identification were unreliable and guilt was not proved beyond reasonable doubt.
Criminal law – Identification evidence – Visual identification at night requires proof of source, intensity and coverage of light; bare assertions insufficient. Criminal law – Identification by voice – generally unreliable and must be treated with caution. Evidence – Proof beyond reasonable doubt – where identification is unsafe conviction cannot stand. Sentencing – Unnatural offence against a child under eighteen attracts life imprisonment (noted but rendered moot by acquittal).
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29 September 2022 |
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Appellant's challenge failed: lawful impromptu search, intact chain of custody, and sufficient proof of control of room; appeal dismissed.
Criminal law – possession of narcotic drugs – legality of impromptu search under s.42 CPA – chain of custody of exhibit – proof of occupancy/control of premises – failure to cross‑examine and afterthought defence – role and directions to assessors.
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29 September 2022 |
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Failure to sum up to assessors and denial of right to challenge assessors vitiated the trial; retrial ordered.
Criminal procedure – assessors – mandatory requirement to sum up to assessors under s.298(1) Criminal Procedure Act – failure to sum up and denial of accused’s right to object to assessors are fatal irregularities – proceedings nullified – retrial ordered.
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29 September 2022 |
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Extinguishing a person's land title without making them a party and affording a hearing violates Article 13(6)(a) and is a nullity.
Constitutional law – right to a fair hearing (Article 13(6)(a)) – person not made party and not heard – decision affecting property rights nullity. Civil procedure – joinder of necessary parties – failure to join interest-holder vitiates judgment. Appellate jurisdiction – exercise of revisional powers under section 4(3) AJA – nullification, quashing and order for fresh proceedings. Natural justice – audi alteram partem rule applied in land disputes.
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29 September 2022 |
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An appellate tribunal sitting as first appellate court must determine the appeal to finality, not remit undetermined grounds to the trial Board.
Tax appeals – appellate jurisdiction – first appellate tribunal must determine appeals to finality and not remit undetermined grounds to the trial Board. Civil Procedure Code s.76(1),(2) – appellate court powers to determine case finally and to exercise powers of trial court where appropriate. Appellate review – distinction between credibility issues and proper inferences from facts; appellate court may decide factual inferences. Appellate Jurisdiction Act s.4(2) – revisional powers to cure procedural anomalies and remit for proper judgment.
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29 September 2022 |
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Conviction for drug trafficking upheld; unsworn witness evidence expunged and sentence commencement date corrected.
Criminal law — narcotics trafficking — sufficiency of particulars in information (s.132 CPA); sworn evidence requirement (s.198(1) CPA) — unsworn testimony expunged; independent witnesses — law‑enforcement officers may be independent; exhibits — contents must be read out after admission; alibi notice requirements (s.194(4)–(6) CPA) — late alibi may be accorded no weight; sentencing — sentence cannot run from date of arrest, must run from conviction date.
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29 September 2022 |
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Whether a notice of appeal can be struck out for failure to take essential steps where Registrar delays supplying court records.
Civil procedure – strike out under Rule 89(2) – whether some essential step was not taken. Procedure – essential steps to further an appeal – case‑specific, depends on facts and nature of appeal. Registrar’s duties under Rule 90(5)(1) – preparation and delivery of certified copies within 90 days and appellant’s duty to collect. Effect of G.N. No. 362 of 2017 and G.N. No. 344 of 2019 – procedural amendments applicable retrospectively.
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29 September 2022 |
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The appellant's armed robbery conviction was upheld on credible eyewitness evidence despite missing exhibit and phone-provider testimony.
Criminal law – Armed robbery – sufficiency of prosecution proof by eyewitnesses; admissibility and effect of non-tendered exhibits; calling of mobile service providers not always necessary; credibility and minor discrepancies; no legal requirement to remind accused of charge before judgment.
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28 September 2022 |
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The appellant's convictions for sexual offences against a 12-year-old were upheld as the victim's credible, corroborated evidence proved the case beyond reasonable doubt.
Criminal law – Sexual offences – Indecent assault and unnatural offence against a child under 14 – Proof beyond reasonable doubt; victim’s testimony and corroboration. Evidence – Proof of age of a child – by parent or child’s own testimony; requirement satisfied. Evidence Act s.127(2) – Child of tender age must promise to tell the truth – compliance established. Witness credibility – coherence, consistency and corroboration as bases for appellate acceptance of trial findings.
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28 September 2022 |
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Non‑compliance with s.234 CPA and s.127(2) Evidence Act rendered conviction unsafe; appeal allowed and release ordered.
Criminal procedure – substitution of charge – non‑compliance with s.234 CPA renders subsequent proceedings a nullity; Evidence – child witness competence – s.127(2) Evidence Act requires testing before taking evidence without oath; Medical evidence/PF3 – establishes sexual assault but not perpetrator identity; Retrial – ordered only if interests of justice require it.
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27 September 2022 |
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Appeal allowed: victim's inconsistent accounts and failure to call material witnesses undermined the prosecution's case.
Criminal law – Sexual offences – Credibility of victim – inconsistent statements and delay in naming suspect as undermining reliability. Evidence – Failure to call material witnesses (guest house attendant and sheltering host) – adverse inference against prosecution. Appellate review – Second appeal interference where lower courts misapprehended substance, nature or quality of evidence. Proof beyond reasonable doubt – reliance on victim’s evidence must be cautious where inconsistencies exist.
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26 September 2022 |