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Citation
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Judgment date
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| December 2023 |
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Child’s testimony taken without required oath/promise had no evidentiary value, so conviction was unsafe and quashed.
Evidence Act s.127(2) — child witness: oath/affirmation/promise required; non-compliance renders testimony of tender-age child inadmissible; medical evidence proving sexual intercourse insufficient alone to convict without identification link; failure to call material witnesses (unnamed pupils) — adverse inference; appellate interference justified for procedural irregularity/miscarriage of justice.
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22 December 2023 |
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Court upheld conviction for child unnatural offence, finding child evidence admissible and procedural defects non‑fatal; appeal dismissed.
Criminal law – Unnatural offence (child sexual abuse) – evidential sufficiency and sentencing. Evidence – Child witnesses – promise to tell the truth under section 127(2) Evidence Act – admissibility and weight. Criminal procedure – Form and contents of charge – sections 132 and 135 Criminal Procedure Act – omission of penalty not fatal. Appellate review – concurrent findings of fact – standard for interference (misdirection/miscarriage of justice). Sentencing jurisdiction – section 170(2) Criminal Procedure Act – scheduled offence attracting life imprisonment under section 154(2) Penal Code.
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19 December 2023 |
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Purchaser protected as bona fide purchaser despite mortgagee’s failure to serve mortgagor statutory notice; counterclaim expunged.
Land law — Mortgagee power of sale — Statutory notice to mortgagor (section 127 Land Act) — Compliance with mortgage clause — Title transfer and protection of purchaser as bona fide purchaser for value (section 135 Land Act) — Counterclaim competence — Requirement of assessors in Land Division proceedings.
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19 December 2023 |
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A subordinate court’s trial of an EOCCA offence without a s.12(3) certificate is a nullity; conviction quashed.
Criminal procedure – Jurisdiction under EOCCA – Corruption and Economic Crimes Division of the High Court ordinarily hears EOCCA offences; subordinate court requires s.12(3) certificate. Criminal procedure – Proceedings conducted without requisite certificate are nullities. Evidence – Disposal of exhibit in accused’s absence undermines inventory and may preclude retrial. Wildlife offences – Unlawful possession of Government trophy triable under EOCCA.
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15 December 2023 |
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Substituted information, trivial variances and procedural slips did not vitiate conviction for possession of three elephant tusks.
Criminal law – unlawful possession of government trophy – substitution of information under EOCCA s29(7) – trivial variances between charge and evidence – admission of exhibits – search and seizure in remote bushland under WCA s106 – delay under CPA s32 – appellate review of trial court evaluation.
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15 December 2023 |
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A shareholder alleging fraudulent or ultra vires acts cannot be denied locus standi at preliminary stage; matter must proceed to trial.
Company law — Foss v. Harbottle rule and exceptions — shareholder standing to sue where acts alleged to be fraudulent or ultra vires; preliminary objections — limits where contested factual allegations exist; procedural requirement to remit for trial when locus standi depends on contested facts.
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15 December 2023 |
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Conviction quashed where non-production of visitors' book and chain-of-custody discrepancies raised reasonable doubt.
Criminal law – unlawful possession of government trophies – burden to prove possession and identity of accused. Evidence – certificate of seizure signed by accused can substitute for property receipt. Evidence – failure to produce material exhibit (visitors' book) may attract adverse inference where it is probative of identity/possession. Chain of custody – unexplained discrepancies in labelling, case numbering and timing undermine prosecution case and may raise reasonable doubt.
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14 December 2023 |
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Conviction quashed where identification was unreliable and no identification parade was conducted, undermining proof beyond reasonable doubt.
Criminal law – Rape – visual identification evidence; requirement to eliminate possibilities of mistaken identity (Waziri Amani); necessity of identification parade where identification made among several suspects; competence of charge – variance as to date; proof beyond reasonable doubt; child evidence under s.127(2) Evidence Act.
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13 December 2023 |
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Trial court’s sua sponte valuation and award without hearing parties violated right to be heard; that award is quashed.
Civil procedure – right to be heard (audi alteram partem) – trial court raising and deciding an issue suo motu; pleadings and framed issues – award based on unpleaded issue is nullity; execution and sale of mortgaged property – entitlement to recover movables not subject to execution.
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11 December 2023 |
| November 2023 |
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Denial of cross‑examination of one witness warrants expungement of that evidence, not automatic nullification of the entire trial.
Criminal procedure – preliminary hearing (s.192 CPA) – non‑compliance curable where accused represented; Evidence – right to cross‑examination (s.147 Evidence Act) – failure may require expungement of affected testimony; Substitution of offences (s.300 CPA) – cannot substitute to non‑cognate/equally serious offence; Appellate review – reassessment after expungement; Consent to prosecute – Regulations apply only to listed specified offences.
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17 November 2023 |
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A review succeeds only for obvious, patent errors on the face of the record, not for re-evaluation of evidence.
Criminal law – Review of Court of Appeal decision – Scope of review limited to manifest error on the face of the record, fraud, or denial of hearing; manifest error must be obvious and patent; disagreement with evaluation of evidence is not a ground for review; review cannot be used as an appeal in disguise.
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16 November 2023 |
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Stay of execution granted pending appeal where substantial decretal sum risked rendering appeal nugatory, subject to bank guarantee.
Civil procedure – stay of execution pending appeal – Rule 11 Court of Appeal Rules: notice of appeal, timely application, undertaking to furnish security, and irreparable loss; balancing decree-holder’s interest and appellant’s right to appeal; conditional stay by bank guarantee.
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16 November 2023 |
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Applicant’s complaints required re‑evaluation of evidence and thus amounted to an appeal, so review application was dismissed.
Procedure — Review of Court of Appeal judgment — Rule 66(1) ACR — manifest error on face of record must be obvious; appeal in disguise not reviewable; jurisdictional complaints distinct from dissatisfaction with findings. Evidence — Allegation of fresh evidence on appeal — requires demonstration, otherwise matter for appeal. Affidavit practice — deponent affirming on behalf of another without power of attorney may be allowed if no prejudice and overriding objective applies. Land law — co-ownership dispute and evaluation of title and transfer deed issues involved but not determinative on review.
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15 November 2023 |
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Notice of Appeal struck out for failure by the respondents to take required steps under rule 90(5) of the Rules.
Court of Appeal — Civil procedure — Striking out Notice of Appeal under rule 89(2) — Duty of intending appellant under rule 90(5) to follow up Registrar for appeal records — 2019 amendment displaces “home and dry” rule — Prolonged inaction justifies striking out.
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15 November 2023 |
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Applicant's delay not excused: financial hardship and vague alleged illegalities insufficient to justify extension of time.
Civil procedure — Extension of time — Rule 10 Court of Appeal Rules — Applicant must show good cause: account for entire delay, demonstrate diligence, and explain any point of law of sufficient importance (Lyamuya guidelines). Financial hardship — Generally not sufficient ground for extension absent exceptional circumstances. Illegality — Alleged irregularities must be apparent on the face of the record or clearly pleaded and elaborated to justify enlargement of time. Lack of diligence/negligence — Militates against granting extension.
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14 November 2023 |
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Review limited to patent errors in the Court’s own judgment; applicant’s factual/procedural complaints were misplaced.
Review — scope of review under rule 66(1): limited to the Court's judgment or order; not a rehearing or appeal; manifest error on the face of the record; allegations of nullity, fraud or perjury require substantiation; labour dispute — no costs order.
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14 November 2023 |
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An application for stay of execution filed outside the 14-day period under rule 11(4) is time barred and non-justiciable.
Civil procedure — Stay of execution — Rule 11(4) of the Tanzania Court of Appeal Rules — 14-day time limit from service of notice of execution or awareness of execution proceedings — computation of time; Jurisdiction — Time limitation goes to jurisdiction — Court cannot hear time-barred stay application; Procedure — Preliminary objection on time bar; Labour law — no costs order in labour matters.
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13 November 2023 |
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Applicants granted extension to appeal after court found prior procedural setbacks and law change constituted sufficient cause.
Civil procedure — Extension of time — Rule 10 Court of Appeal Rules 2009 — Good cause required — consideration of technical delay and prior defective or struck-out applications. Civil procedure — Accounting for delay — requirement to explain each day, but technical delay and subsequent supply of ruling may justify short unexplained intervals. Appeals — Change of law removing leave requirement — effect on pending attempts to obtain leave.
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13 November 2023 |
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10 November 2023 |
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Applicant granted stay of execution pending appeal, conditional on deposit of a bank guarantee for the decretal amount.
Civil procedure — Stay of execution — Rule 11 Court of Appeal Rules 2009 — timeliness under rule 11(4); conditions under rule 11(5) (substantial loss and security); compliance with rule 11(7) documentary requirements; bank guarantee as appropriate security.
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8 November 2023 |
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Applicant failed to show an obvious manifest error on the face of the record; review dismissed as appeal in disguise.
Civil procedure — Review jurisdiction — Rule 66(1)(a) — Manifest error on the face of the record — narrow residual power. Evidence/admissibility — Reliance on annexure allegedly not tendered — re‑assessment of evidence not permissible in review. Probate/administration — Revocation of administrator’s appointment — distinction between revocation before closure and after discharge/inventory. Procedural law — Review should not be used as an appeal in disguise; mere disagreement with merits is not reviewable.
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8 November 2023 |
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Review denied: alleged failure to address bonafide purchaser and reliance on non‑record document did not show manifest error.
Appellate review — inherent power to review decision — limited by rule 66 and requires manifest error on face of record; review not for re‑evaluation of evidence or raising new issues; documents not admitted in evidence cannot be relied upon; distinction from cases where an extraneous exhibit vitiated judgment.
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8 November 2023 |
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A notice of appeal was struck out for failure to take essential steps to prosecute the appeal under Rule 89(2).
Civil procedure — Appeal procedure — Notice of appeal — Striking out for failure to take essential steps to prosecute appeal — Rule 89(2) Court of Appeal Rules. Labour law — procedural relief — no order as to costs in labour matters.
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8 November 2023 |
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Second-bite leave granted; time under Rule 45(b) runs from Registrar’s certificate and jurisdictional issue merits appeal.
Civil procedure — Leave to appeal (second bite) — Computation of fourteen-day period under Rule 45(b) — Role and certificate of Registrar excluding time for preparation — Rule 90(1) guidance on excluded period — Jurisdictional point of law (territorial jurisdiction) may be raised at leave stage.
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7 November 2023 |
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Failure to record parties' choice on assessors in a land trial renders proceedings null and mandates an expedited retrial.
Land law – High Court Registries Rules 1984 (as amended by G.N. Nos. 63/2001 and 364/2005) – requirement for Judge to sit with two assessors in land disputes unless parties agree otherwise – necessity to record parties' choice and names of assessors – failure to record renders proceedings a nullity – retrial ordered.
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3 November 2023 |
| October 2023 |
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A second‑bite extension is time‑barred if not filed within 14 days and without a Registrar's delay certificate.
Criminal procedure – extension of time – 'second bite' applications – Rule 45(b) Court of Appeal Rules 2009 – 14‑day filing requirement – supporting affidavit – Registrar's certificate under rule 45A(2) – time-barred – application struck out.
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31 October 2023 |
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Illegality (jurisdictional defect) in a judgment can justify extending time to file an application for review.
Extension of time — sufficient cause — requirement to account for each day of delay; medical absence evidence; corporate applicant responsibilities; illegality (jurisdictional error) as sufficient cause to enlarge time to file review (Rule 66(1)(d)).
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5 October 2023 |
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Failure to conduct a mandatory pre-hearing investigation rendered an otherwise substantively fair dismissal procedurally unfair.
Employment law – dismissal – procedural fairness – requirement under rule 13(1) of the Code of Good Practice to conduct an investigation before a disciplinary hearing and to provide the investigation report to the employee; failure to investigate renders termination procedurally unfair even if substantive grounds are fair. Procedural defects – failure to inform of appeal rights or provide outcome in specified form may not always prejudice employee if prompt recourse to CMA was taken.
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5 October 2023 |
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Proceedings, judgment and decree continuing with deceased parties on record are irregular and must be nullified and remitted.
Civil procedure – death of party – substitution of legal representatives – O. XXII r.2 CPC; Proceedings continued without substitution – irregularity vitiating proceedings, judgment and decree; Appellate jurisdiction – s.4(2) AJA – nullification, quashing and remittal as appropriate remedy.
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5 October 2023 |
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An application for leave to appeal is incompetent where the impugned High Court order is interlocutory and does not finally determine the suit.
Appellate Jurisdiction Act s.5(2)(d) – interlocutory/preliminary orders – appeal or revision barred unless order finally determines suit; leave to appeal; incompetence of appeal from non-conclusive interlocutory order; effect of failure to file affidavit in reply (facts deemed undisputed; may only challenge law).
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5 October 2023 |
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Trial court lacked jurisdiction; chain of custody broken and cautioned statements invalid, convictions quashed and appellants released.
Jurisdiction — territorial jurisdiction of subordinate court where certificate of transfer confers trial to a specified Resident Magistrate's Court; Criminal procedure — chain of custody of exhibits; failure to account for movement of exhibits breaks chain; Evidence — cautioned statements admitted but not read out are invalid and should be expunged; Remedy — where trial is nullity and evidence defective, retrial not ordered if it would permit prosecution to fill gaps.
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5 October 2023 |
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Court stayed execution pending appeal on condition applicant deposits bank guarantee to avert substantial loss.
Stay of execution – Rule 11 Tanzania Court of Appeal Rules – Timeliness, substantial loss, and security requirement – Attachment of employer's vehicles – Bank guarantee as security – Labour matter, no costs order.
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4 October 2023 |
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Appeal allowed where trial court admitted unpleaded exhibits and a court-made sketch map and claimant failed to prove ownership.
Land law – Evidence – Admissibility of documents not annexed to the plaint – Trial court's admission of unpleaded exhibits; Civil procedure – Sketch map/measurements prepared and admitted without party involvement – incurable irregularity; Burden of proof in land dispute – requirement to prove physical occupation and boundaries; Contradictory evidence and failure to call crucial witnesses undermining claim.
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4 October 2023 |
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3 October 2023 |
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Trial Judge's failure to sign witness records vitiated proceedings; conviction quashed and no retrial due to prosecution weaknesses.
Criminal procedure — High Court recording of evidence — Failure of trial Judge to append signature after each witness' evidence is an incurable irregularity and vitiates proceedings; evidential sufficiency — reliance on un-tendered exhibit and failure to call material witnesses weakens prosecution case; retrial discretionary under Fatehali Manji and may be refused where prosecution gaps risk prejudice to accused.
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3 October 2023 |
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Extension of time granted because alleged illegality in the judgment justified enlargement despite unexplained delay.
Civil procedure – extension of time to serve notice of appeal and obtain records; requirement to account for days of delay; alleged illegality in impugned judgment (administrator sold estate after revocation of letters) as sufficient cause to enlarge time; discretion to enlarge time despite failure to account each day; costs to follow outcome of appeal.
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2 October 2023 |
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Court granted extension of time based on technical delay and arguable illegality in the impugned decision.
Civil procedure — extension of time to lodge notice of appeal; technical delay where original appeal was timely but struck out; illegality in impugned decision as sufficient cause for enlargement of time; striking out an appeal does not bar fresh proceedings.
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2 October 2023 |
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Ex‑parte CMA award set aside where application for condonation and its hearing were not served, depriving employer of right to be heard.
Labour law – service of process – notice of mediation vs. service of application for condonation; rule 6(2)(a) and s.97(1) – valid service at regional place of business; rule 29(9)–(10) – requirement to notify and serve parties of condonation hearings; right to be heard – failure to serve application for condonation vitiates ex‑parte proceedings.
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2 October 2023 |
| September 2023 |
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Child witnesses’ statements taken without the statutory promise are inadmissible; remaining evidence upheld conviction and sentences varied to life.
Evidence — Child witnesses — Section 127(2) TEA — Promise to tell truth required; failure renders testimony valueless. Evidence — Documentary exhibits — Must be admitted and read out; failure to read out PF3/cautioned statement requires expungement. Criminal law — Unnatural offence against child — Essential proof: penetration, age, identity; conviction may rest on remaining credible evidence. Criminal procedure — Prosecution’s selection of witnesses; failure to call non-material witnesses not fatal. Sentencing — Section 154(2) Penal Code — Unnatural offences against persons under 18 attract life imprisonment.
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29 September 2023 |
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High Court improperly extended time suo motu during a preliminary objection; ensuing proceedings were nullified.
Civil procedure — Appeals in land matters — s.38(1) Land Disputes Courts Act — extension of time must follow a formal application and evidence; court cannot extend time suo motu during determination of a preliminary objection; preliminary objection on time must be overruled or sustained (not struck out); procedural irregularity warrants nullification of subsequent proceedings.
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29 September 2023 |
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Extension granted: mistaken filing and applicant’s hardship constituted excusable technical delay and good cause.
Civil procedure — Extension of time under Rule 10 — Requirement to show "good cause" and account for each day of delay — Distinction between technical and actual delay — Mistaken filing in wrong court may be excusable technical delay — Financial hardship/ill‑health may, in peculiar circumstances, constitute sufficient cause.
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29 September 2023 |
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Conviction upheld on recent-possession doctrine despite defective identification and inadmissible cautioned statement.
Criminal law – Armed robbery – Visual identification – identification parade irregularities – cautioned statement voluntariness – trial within a trial – expungement of inadmissible evidence. Criminal law – Doctrine of recent possession – elements: found with property, positive identification by victim/custodian, recent theft, subject of charge – inference of guilty knowledge where no explanation offered. Evidence – Failure to call registered owner not fatal where ownership not disputed and victim was custodian.
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29 September 2023 |
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Court expunged improperly recorded cautioned statement but upheld conviction based on eyewitness and medical corroboration.
Criminal law – Rape of a child – Corroboration by medical evidence and witnesses – conviction upheld. Evidence – Child witness under s.127 Evidence Act – promise to tell the truth suffices where recorded. Evidence – Cautioned statement – recorded in presence of other officers undermines voluntariness and must be expunged. Criminal procedure – Non‑provision of informer's statement and delay to take accused to court – curable under s.388 CPA if not prejudicial. Identification – Dock identification may be upheld where independent corroborative circumstances exist (sightings, victim reaction, flight).
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26 September 2023 |
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A joint application must be supported by affidavits covering all applicants; omission is fatal and leads to striking out.
Civil procedure – Extension of time – Rules 48(1) and 49(1) Court of Appeal Rules – Formal applications must be supported by affidavit(s) of each applicant or by affidavit(s) on behalf of others – Joint application lacking affidavit for one applicant is incompetent and fatal – Application struck out with costs.
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25 September 2023 |
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Conviction for unnatural offence upheld: child’s promise evidence and cautioned statement admissible; appeal dismissed.
Criminal law – Unnatural offence involving a child – admissibility of child evidence under s.127(2) Evidence Act (promise to tell truth) – cautioned statement admissibility and waiver for failure to object at trial – preliminary hearing non‑compliance affects only preliminary hearing – omission of punishment provision in charge not fatal.
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25 September 2023 |
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Extension of time granted due to technical delay and alleged illegality; striking out does not prevent fresh appeal.
Civil procedure — extension of time to lodge notice of appeal; technical delay (struck-out but timely original notice) as sufficient cause; illegality in impugned decision as ground for enlargement of time; striking out does not bar fresh appeal commencement.
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2 September 2023 |
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Applicants granted 60 days to file appeal due to resignation and office restructuring and apparent lack of reasons for damages.
Extension of time — good cause — resignation of assigned State Attorney and office restructuring as sufficient explanation; technical delay from earlier struck-out application; arguable illegality on face of record where reasons for awarding damages are not disclosed; discretion to extend time where no prejudice to respondent.
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1 September 2023 |
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Applicants failed to show good cause for extension of time to apply for stay of execution; application dismissed with costs.
Court of Appeal — Extension of time under Rule 10 — Good cause requires accounting for each day of delay, diligence, and absence of inordinate delay; Rule 11(4) — 14-day period to apply for stay of execution; Technical delay doctrine applicable only where initial appeal/application was filed in time; Insufficiency of annexures to prove service.
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1 September 2023 |
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Extension of time refused: applicant failed to account for entire delay and did not show an apparent illegality on the record.
Civil procedure – extension of time – Rule 10 and requirement to account for whole period of delay; procurement of post‑judgment documents under Rule 90 – need for Registrar’s letters or evidence of lawful access. Technical delay excused where a matter is pending. Illegality as ground for extension – must be apparent on the face of the record and properly pleaded; points raised first in written submissions are not admissible. Non‑joinder, probate/letters of administration and assessors' issues must be pleaded and supported by evidence to constitute clear illegality.
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1 September 2023 |
| August 2023 |
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Unexplained delay to arraignment and defective identification procedures rendered the trial unfair; convictions quashed and appellants released.
Criminal law — fair trial — unlawful delay in arraignment contrary to section 32 CPA; Identification — identification parade registers not read out — fatal irregularity — expunged; Visual identification — need for prior detailed description and caution in night conditions — evidence unsafe; Conviction quashed and appellants released.
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31 August 2023 |