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Citation
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Judgment date
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| October 2015 |
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Application for stay of execution dismissed for applicant's non-appearance; costs awarded to the respondent.
Civil procedure – stay of execution – application dismissed for non-appearance – Rule 63(1) of the Tanzania Court of Appeal Rules, 2009 – dismissal and costs.
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28 October 2015 |
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Whether unlawful possession of government trophy is a scheduled economic offence and within the High Court's jurisdiction.
Criminal law – Unlawful possession of government trophy – Whether offence is an economic offence under First Schedule to the Economic and Organized Crimes Control Act. Statutory interpretation – First Schedule to Cap. 200 and section 57 – offences removable only by Act of Parliament. Jurisdiction – High Court as Economic Crimes Court; subordinate courts require DPP certificate under section 12(3) to try scheduled offences. Procedure – Appropriate forum for bail applications where accused charged with scheduled economic offences.
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15 October 2015 |
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Judge concurs with conviction but dissents from death sentence, finding capital punishment unconstitutional and life imprisonment preferable.
Criminal law — murder — guilt established by confessions, eyewitness testimony and recovered property; Death penalty — constitutionality, irreversibility, risk of wrongful execution; Alternative sentencing — life imprisonment preferred.
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15 October 2015 |
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Application for extension of time struck out because a notice of appeal was already pending and Rule 47 requires starting in the High Court.
Civil procedure – competence of application for extension of time to file notice of appeal – pending notice of appeal on record – notice of withdrawal not effective until granted by court – Rule 47 Court of Appeal Rules 2009 requires such applications to commence in the High Court – costs: parties to bear own costs where applicant concedes preliminary objection.
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15 October 2015 |
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Failure to direct assessors on circumstantial evidence vitiated the trial; proceedings quashed and retrial ordered.
Criminal law — Circumstantial evidence — Duty to direct assessors on legal conditions for reliance on circumstantial evidence — Failure to do so renders trial without aid of assessors and vitiates proceedings.
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15 October 2015 |
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Torchlight identification unsafe for two appellants; third appellant’s recognition and statements sustained conviction.
Criminal law – Visual identification at night – necessity to establish intensity and duration of torchlight and proximity to exclude mistaken identity; admissibility of extra-judicial and cautioned statements – voluntariness and applicability of sections 50, 57 and 58 Criminal Procedure Act; sufficiency of corroborative evidence (recovery/abandonment of stolen property).
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15 October 2015 |
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Appeal allowed where night-time moonlight identification and witness inconsistencies made the conviction unsafe.
Criminal law – Visual identification at night – recognition by moonlight requires detailed evidence of light intensity, proximity and duration; witness inconsistencies and contradictory accounts can render identification unsafe and justify quashing conviction.
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15 October 2015 |
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Delay in reporting, possible fabrication and expunged key exhibits raised reasonable doubt, leading to quashing of convictions.
Criminal law – Sexual offences – Whether evidence of child victim alone suffices where PF3 and cautioned statement were expunged – credibility and delay in reporting. Evidence – Competence of child witness – voir dire omissions and effect on admissibility/competence. Criminal procedure – Appellate review of concurrent findings – interference where misdirections or failure to address probative doubts. Reasonable doubt – effect of delay in disclosure and possible ulterior motive (fabrication due to land dispute).
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15 October 2015 |
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A broken, undocumented chain of custody of seized drugs warranted quashing the appellant's conviction.
Criminal law – Narcotic drugs – Chain of custody – requirement for chronological documentation of seizure, custody, transfer and analysis to ensure integrity of exhibits; failure to seal promptly and to produce transfer records or transporting officer breaks the chain. Evidence – Burden of proof and reasonable doubt – laboratory confirmation alone insufficient where link to seized item is not established. Statutory and procedural compliance – section 39 Anti-Drugs Act and Police General Orders/Handbook obligations to report and record handovers.
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15 October 2015 |
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Court of Appeal remitted interlocutory land-share dispute to High Court, finding no legal basis for referral to the Court of Appeal.
Civil procedure – interlocutory referral to Court of Appeal – no statutory basis for referring an interlocutory High Court matter to the Court of Appeal. Evidence and precedent – prior appellate judgment cannot be treated as determinative where parties and causes of action differ. Judicial administration – perceived anomalies in prior judgments should be raised administratively with the Chief Justice rather than by staying proceedings and seeking advisory directions from the Court of Appeal. Remittal – case remitted to High Court to proceed from its interlocutory stage and be given priority.
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13 October 2015 |
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An interlocutory referral to the Court of Appeal was improper; the High Court proceeding was remitted to continue without stay.
Civil procedure – interlocutory referral – absence of statutory provision permitting referral of interlocutory matters from High Court to Court of Appeal. Stay of proceedings – improper where based on reliance on an earlier judgment not properly before the court. Distinction between ownership claims and entitlement of shares – relevance of parties and cause of action. Administrative remedy – bringing concerns about a judge's decision to the Chief Justice.
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13 October 2015 |
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Guilt for murder affirmed, but dissenting judge rejects death penalty as inhuman, favoring life imprisonment.
Criminal law – Murder – Eyewitness testimony (wife and children) – Sentence – Constitutionality and human-rights objections to death penalty – Irreversibility and risk of wrongful execution – Life imprisonment as alternative.
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13 October 2015 |
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Appeal rejecting challenges to postmortem admissibility and witnesses’ language; murder conviction and death sentence upheld.
Criminal law – murder – proof of malice aforethought from use of a lethal weapon and failure to seek medical aid; Evidence – admissibility of medical (postmortem) report under s.291 CPA – notice by committal record and right to summon author; Evidence – competence and compellability of a co‑wife under s.130(2)(b) of the Evidence Act; Appellate review – deference to trial court credibility findings.
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13 October 2015 |
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Appeal dismissed: confessions and taxi driver's evidence, corroborated by seized property, sufficed to prove murder beyond reasonable doubt.
Criminal law – Murder – Credibility of eyewitness (taxi driver) – Dock identification – Identification parade – Confessional evidence – Cautioned and extra-judicial statements – Sections 50 and 51 CPA time-limits – Exclusion of conveyance/search time – Corroboration by recovered property and post-mortem.
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13 October 2015 |
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Reported
Judge concurs with conviction but dissents, arguing the death penalty is unconstitutional and life imprisonment preferable.
Criminal law – Murder – Sentencing – Death penalty – Constitutionality and human rights – Irreversibility and risk of wrongful execution – Life imprisonment as alternative.
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13 October 2015 |
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Appellants' convictions affirmed but the judge dissented on imposing the death penalty, deeming it inhuman and irreversibly risky.
Criminal law – murder conviction supported by confessions, eyewitness testimony and recovery of victim’s belongings; Capital punishment – constitutionality, irreversibility, risk of wrongful execution, and appropriateness versus life imprisonment.
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13 October 2015 |
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Appeal struck out where Notice served late and application for copy was not served as required, rendering appeal time-barred.
Court of Appeal – Civil procedure – Service of Notice of Appeal – Rule 84(1) Court of Appeal Rules 2009 – Time for instituting appeal – Rule 90(1) and (2) – Application for copy of proceedings must be in writing and copied to respondent to benefit from time exclusion – Uncontroverted affidavit evidence – striking out time-barred appeal.
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13 October 2015 |
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Change of magistrate without recorded reasons renders subsequent proceedings a nullity; retrial ordered and remand time deductible.
Criminal procedure – Change of magistrate – section 214(1) Criminal Procedure Act – requirement to record reasons for predecessor’s inability to complete trial – failure renders successor’s proceedings void – revisional jurisdiction to quash and order retrial – deduction of custody time.
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13 October 2015 |
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Appellate judge upheld conviction but dissented, holding the death penalty unconstitutional and life imprisonment preferable.
Criminal law – Murder – Eyewitness evidence – Conviction upheld; Sentencing – Death penalty – Constitutionality and proportionality – Irreversibility, inhuman and degrading punishment – Preference for life imprisonment.
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13 October 2015 |
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Appellate court upheld murder conviction based on credible eyewitnesses and malice aforethought proven by head blows and concealment.
Criminal law – murder – evaluation of eyewitness credibility (spouse and children) on first appeal; malice aforethought inferred from use of an instrument directed at the head and concealment of the body; admissibility and probative value of exhibits found with the body; appellate re‑evaluation of demeanour, coherence and consistency of testimony; immaterial misdirection not warranting reversal.
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13 October 2015 |
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Combining extension of time and stay of execution rendered the application incompetent; such relief must first be sought in the High Court.
Court of Appeal procedure – Competency of applications – Improper combination of extension of time (single Justice) and stay of execution (Full Court) – Rule 47 procedural requirement to apply first to the High Court – Effect of High Court striking out (not dismissing) prior application.
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12 October 2015 |
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Cautioned statements taken outside statutory time, weak chain of custody and unreliable evidence vitiated convictions; appeals allowed.
Criminal law – admissibility of cautioned statements – statutory interview periods (Criminal Procedure Act ss.50–51) – recent possession doctrine – ownership and chain of custody of exhibits – witness credibility and procedural irregularities affecting fairness of trial.
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12 October 2015 |
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Failure to record reasons under s.214(1) CPA vitiated the successor magistrate’s proceedings; retrial refused as not in the interests of justice.
Criminal procedure – transfer of partly-heard trial – section 214(1) Criminal Procedure Act – necessity for successor magistrate to record reasons; non-compliance vitiates proceedings. Retrial – principles from Fatehali Manji – order for retrial depends on interests of justice; prior retrial, delay and victim welfare relevant. Defective charge sheet – raised but not determined in this judgment.
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8 October 2015 |
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Appellate court upheld sentencing principles but substituted a specific 16‑year term because remand deduction was not specified.
Criminal law – manslaughter sentencing; appellate interference only if manifestly excessive or wrong principle applied; deduction of remand custody must be quantified and reflected in commitment warrant.
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8 October 2015 |
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Expungement of improperly admitted PF3; eyewitness evidence sufficed to prove intention to kill; appeal dismissed.
Criminal law – Attempted murder – Essential ingredients: intention to kill, overt acts manifesting intention, commencement of execution – Proof beyond reasonable doubt. Evidence – Admissibility of medical report (PF3) – Right to call and cross-examine the medical officer; improper admission and expungement. Appellate review – First appeal as rehearing – re-evaluation of evidence and credibility findings.
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8 October 2015 |
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Application combining extension of time and stay of execution was incompetent and struck out; application should have been filed first in the High Court.
Court of Appeal procedure – Competency of omnibus applications – Improper joinder of matters falling to different benches (single Justice v. full Court) – Rule 47: applications to be first made to the High Court – Effect of strike-out (versus dismissal) on right to approach Court of Appeal.
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8 October 2015 |
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Application combining extension of time and stay of execution was incompetent and struck out; High Court filing required.
Civil procedure – competence of omnibus applications – combining extension of time and stay of execution renders application incompetent. Appellate procedure – section 11(1) AJA and Rule 47 – applications for extension of time/certificate of point of law must ordinarily be made first to the High Court. Jurisdiction – stay of execution applications fall within full Court jurisdiction; extension of time may be dealt with by a single Justice. Procedural consequence – struck out application; struck-out High Court filing does not permit direct resort to Court of Appeal without first returning to High Court.
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8 October 2015 |
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Applicant failed to account for delay and corroborate registry misplacement; extension of time dismissed with costs.
Civil procedure – Extension of time under Rule 10 – Applicant must account for every day of delay; unexplained delay fatal – Alleged misplacement by High Court Registry requires corroboration (affidavit/evidence from court officers) – Reliance on Bushiri principle.
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6 October 2015 |
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Applicant’s failure to account for every day of delay warranted dismissal of the extension of time application.
Civil procedure – Extension of time under Rule 10 – Applicant must account for every day of delay – Failure to account is fatal (Bushiri principle). Alleged misplacement of court documents by registry – requires corroboration and does not excuse unexplained subsequent delay. Exercise of discretion to extend time – good cause must be demonstrated with particularity.
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6 October 2015 |
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An applicant must account for every day of delay and prove alleged court registry misplacement to obtain extension of time.
Civil procedure – extension of time under Rule 10 – applicant must account for every day of delay; Alleged misplacement of court file – requires independent proof (affidavit by court officer) and cannot rest on unsupported assertions; Exercise of discretion – absence of good cause warrants dismissal with costs.
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6 October 2015 |
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Appellate court quashed armed robbery conviction where visual ID and identification parade were unreliable and PGO 232 not complied with.
Criminal law – Identification evidence – Visual identification and identification parades – Compliance with Police General Order 232 – Misapprehension and misdirection by trial courts – Appellate interference with concurrent findings of fact.
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5 October 2015 |
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Victim's credible testimony can prove rape despite absent medical evidence; appeal by the applicant dismissed.
Criminal law – Rape – Sufficiency of evidence – Victim's credible testimony can suffice even without medical/forensic evidence; contradictions that do not go to the gist are immaterial – Appellate review of credibility limited to omissions, misdirections or demonstrable wrong conclusions.
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5 October 2015 |
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3 October 2015 |
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Applicant failed to show good cause or produce authentic proof for extension of time to file revision; application dismissed.
Civil procedure – Extension of time – Good cause – Applicant must show authentic, credible evidence of efforts to obtain record or other sufficient cause; mere assertion of delay in supply without reliable proof or diligence will not suffice.
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2 October 2015 |
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Applicant failed to show good cause for extending time; annexed evidence found inauthentic, application dismissed with costs.
Extension of time – sufficiency of reasons – delay in supply of copies of proceedings and judgment – authenticity of documentary evidence – requirement of diligence and credible proof.
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2 October 2015 |
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Application for extension of time denied where alleged delay in obtaining court records was unsupported and documents were of doubtful authenticity.
Civil procedure – extension of time to file application for revision – applicant must show good cause; supporting documents must be authentic and probative. Delay alleged due to late supply of records – requires credible evidence and demonstration of diligence. Annexures not copied to respondent or of doubtful authenticity cannot substantiate delay.
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2 October 2015 |
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The appellant’s conviction for armed robbery was quashed because identification and recognition evidence was unsafe and insufficient.
Criminal law – Evidence – Visual identification and recognition – Prima facie unreliable and must be treated with caution; courts must establish lighting, duration, proximity and other conditions enabling positive identification. Corroboration – Circumstantial evidence seen the following day insufficient to dispel risk of mistaken identity. Appeal – Concurrent findings may be disturbed where identification evidence is defective and reasonable doubt remains.
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1 October 2015 |
| September 2015 |
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Omission to state grounds in a Notice of Motion under Rule 48(1) renders the application incompetent and subject to striking out.
Civil procedure – extension of time under Rule 10; preliminary objections – Mukisa test; Rule 48(1) – mandatory requirement to state grounds in Notice of Motion; curative role of supporting affidavit; factual objections not suitable at preliminary stage.
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30 September 2015 |
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Conviction for unnatural offence upheld: eyewitness and medical evidence sufficient despite victim’s non‑testimony and omission of age.
Criminal law – Unnatural offence (s.154 Penal Code) – proof beyond reasonable doubt; corroboration by eyewitness and medical evidence. Evidence – testimony of child victims and non-production of victim in court; relevance of evidence under Evidence Act. Procedural – charge sheet particulars; age relevant to sentence not proof. Forensic evidence – PF3 medical report signed after admission date; admissibility and probative value. Defence – allegation of fabrication; assessment of afterthought defences.
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30 September 2015 |
| July 2015 |
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Applicant’s documented efforts and struck-out applications constituted good cause to extend time to seek a stay of execution.
Civil procedure – extension of time – Rule 10 Court Rules 2009 – "good cause" shown by repeated attempts to obtain stay and procedural setbacks. Civil procedure – stay of execution – procedural irregularities resulting in struck-out applications may justify extension. Civil procedure – hearing in absence of respondent – Rule 62(2) Court Rules 2009.
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15 July 2015 |
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Appeal allowed: procedural error and no breach—contract expired and renewal required mutual consent.
Civil procedure – preliminary objection – pecuniary jurisdiction – amendment of plaint after objection – failure to determine objection goes to root of trial. Contract law – duration and renewal – fixed three-year term and renewal only by mutual consent; termination after expiry not breach. Remedies – contractual penalty and general damages – entitlement contingent on proven wrongful termination.
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15 July 2015 |
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High Court appeal from a District Court (originating in a Primary Court) was time-barred; High Court proceedings quashed.
Appeals — appeals to High Court from District Court in matters originating in Primary Court — petition filed in District Court within 30 days (s.25(1)(b), (3)-(4) Magistrates' Courts Act) — certified copy of judgment not required (GN.312/1964) — competency — court may raise/decide competence sua sponte — revisional powers under s.4(2) AJA to quash incompetent proceedings.
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13 July 2015 |
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Notice of appeal served out of time and without required procedural steps was struck out; costs awarded to applicant.
Civil procedure – appeal – notice of appeal served out of time – failure to take necessary procedural steps – striking out notice of appeal – costs awarded.
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9 July 2015 |
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A conviction based on a single, nighttime identification was unsafe; appeal allowed and sentence quashed.
Criminal law – Identification evidence – Recognition at night using motor vehicle light – need for details as to source, intensity, proximity and duration of observation. Criminal law – Single witness cases – identification evidence must be absolutely watertight before it can sustain a conviction (Waziri Amani; Marwa Wangiti Mwita). Criminal procedure – Conviction unsafe for lack of reliable identification – conviction and sentence quashed.
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9 July 2015 |
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Applicant granted extension to serve respondents due to illness, prompt corrective action and arguable illegality.
Extension of time – Rule 10 Court of Appeal Rules – Good cause – illness, inadvertence and prompt corrective action – diligence – allegation of illegality as sufficient reason to extend time – service of memorandum and record of appeal.
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8 July 2015 |
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Extension application struck out as premature because High Court leave is prerequisite in land dispute appeals.
Civil procedure – Appeals in land disputes – prerequisite of leave from the High Court under s.47(1) Land Disputes Courts Act; Court of Appeal Rules, r.90(1) – exclusion of time for supply of proceedings where Registrar certifies delay; Registrar's duty to supply copies and issue certificate of delay; Premature/misconceived applications for extension of time where statutory leave not obtained.
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6 July 2015 |
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Convictions quashed because an incurably defective charge sheet vitiated the trial; retrial declined.
Criminal law – Statutory rape – Charge sheet must specify separate counts for each alleged offence (s.135(2), s.132 Criminal Procedure Act); incurably defective charge vitiates conviction – Appellate procedure – omission of High Court extension proceedings from record (Rule 71(4)(b)) – Revisional powers – retrial ordered only when interest of justice requires.
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2 July 2015 |
| February 2015 |
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Stay of execution denied where applicant offered disputed land as security after decree awarded ownership to respondent.
Court of Appeal — Stay of execution pending appeal — Requirements under Rule 11(2)(b),(c),(d) — Notice of Appeal, good cause, substantial loss, prompt application, and provision of security — Disputed land cannot serve as security where decree declares respondent owner.
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27 February 2015 |
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Reporting a suspected theft to police was with reasonable and probable cause; malicious prosecution not established.
Malicious prosecution – ingredients required: institution/continuation of proceedings; lack of reasonable and probable cause; malice; termination in plaintiff's favour. Reporting suspected theft to police — where goods loaded and missing, reporting is with reasonable and probable cause. Concurrent findings of lower courts on probable cause and absence of malice to be respected.
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27 February 2015 |
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Conviction quashed for unlawful admission of deceased victim's statement, PF3 irregularity and improper magistrate reassignment.
Evidence Act s34B — admissibility of written statements of unavailable witnesses; requirement of proof of unavailability and prior service on other parties; Criminal Procedure Act s240(3) — right to summon/make available maker of report for cross-examination (PF3); Criminal Procedure Act s214 — reassignment of partly heard matters and requirement to record reasons; procedural irregularities vitiating conviction.
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27 February 2015 |