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Citation
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Judgment date
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| December 2019 |
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The applicant's challenge to an arbitral award failed: no misconduct or error apparent on the award justified setting it aside.
Arbitration — judicial review under Arbitration Act s.16 — limits of review: misconduct, improperly procured awards, or errors apparent on face of award; natural justice (right to be heard) and scope of tribunal's determination; contractual notice by email and meaning of 'writing'; distinction between special and general damages and assessment discretion.
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27 December 2019 |
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Extension of time granted where appeal was struck out for a defective notice not attributable to the applicant.
Criminal procedure — extension of time under Rules 10 and 48(1) — defective notice of appeal (wrong High Court appeal number) — delay excused where defect not caused by appellant — Rule 47 procedure and Court of Appeal's discretion in criminal applications.
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6 December 2019 |
| November 2019 |
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Notice of appeal struck out where legal representatives failed to take essential steps to lodge an appeal within the prescribed time.
* Civil procedure – Appeal procedure – Strike out of notice of appeal for failure to take essential steps – Rule 89(2) & Rule 90(1) of the Tanzania Court of Appeal Rules, 2009.
* Requirement to request certified copies from Registrar within prescribed time where necessary – proviso to Rule 90(1).
* Death of intended appellant and appointment of legal representatives – effect on appeal timelines and duty to follow up for documents.
* Defective decree – duty to seek rectification and produce evidence of leave to appeal.
* Evidentiary burden – need for documentary proof of correspondence with Registrar and steps taken.
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22 November 2019 |
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Court permitted lodging of a supplementary record under Rule 96(7) and deferred ruling on timeliness of leave to appeal.
Civil procedure — Appeal — Incomplete record of appeal — memorandum of appeal and application documents absent — Court may grant leave under Rule 96(7) to lodge supplementary record; Appeals — Leave under section 47(1) Land Disputes Courts Act — timeliness question deferred pending production of missing documents; Adjournment — costs to abide outcome.
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22 November 2019 |
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Applicant lacked locus standi because defective powers of attorney did not authorize the litigation; application struck out with costs.
Civil procedure — locus standi — power(s) of attorney — defective registration (registered before execution) — s96 Land Registration Act vs Registration of Documents Act — Rule 30(2) Court of Appeal Rules — overriding objective cannot cure defects going to root of applicant's status.
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22 November 2019 |
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Applicant failed to provide acceptable security; stay of execution dismissed for failure to meet Rule 11(2) conditions.
Stay of execution – Rule 11(2) Court of Appeal Rules – Requirement to show good cause – Conditions under Rule 11(2)(d): substantial loss, no unreasonable delay, and provision of security – Security must be in applicant's control and quantifiable – Undertaking in submissions or oral offers from the bar insufficient.
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21 November 2019 |
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A collecting banker lacking good faith and due diligence is liable for conversion; appeal dismissed with costs.
Bills of Exchange Act s85(1) — collecting banker protection — requires good faith and absence of negligence; duty of care by collecting banker; conversion — unlawful diversion of cheque proceeds; evidentiary endorsements — Order XIII r4 irregularity not fatal absent prejudice; collusion suspicion not bar to claimant's recovery.
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21 November 2019 |
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Appellant negligent for dealing with unauthorized agent; liability apportioned 60/40 and interest reduced to 18% per annum.
Civil procedure — plaint formalities — undated plaint/verification not fatal where seal and filing date present; Change of judge — successor may conclude a partly-heard trial where parties aware and not prejudiced; Agency — vendor must verify authority of purported agent; Contributory negligence — apportionment of liability (60/40); Interest — excessive contractual interest reduced to 18% per annum.
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20 November 2019 |
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Where no payment time was fixed under an oral sale, s30 applied; appellant failed to prove agreed instalments.
Sale of Goods Act s.30 – where parties under an oral agreement fix no time for payment, payment is due immediately; conduct and irregular deposits do not establish an instalment/payment-as-sold regime; burden of proof on party alleging returned/collected goods; inadmissibility/challenge to documents may be academic if foundational grounds abandoned.
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20 November 2019 |
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An order striking out an application for leave (non‑citation) is interlocutory and not appealable as of right under Cap. 310.
Administrative law – prerogative orders – appealability of interlocutory orders; striking out for non‑citation – finality test (Bozson); section 17 Cap. 310 – leave to apply for certiorari/mandamus; revision powers of Court of Appeal.
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20 November 2019 |
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Applicant failed to account for delay or particularize alleged illegality to obtain extension of time for revision.
Civil procedure — Extension of time — Applicant must account for all periods of delay and show diligence; alleged illegality must be apparent on the face of the record to justify extension; illegality alone does not automatically warrant extension.
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19 November 2019 |
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Alleged illegality (lack of High Court jurisdiction) and persistent pursuit of remedies justified extension of time to lodge revision.
Civil procedure – extension of time to institute revision – requirement to show 'good cause' – alleged illegality (lack of jurisdiction) as sufficient reason for enlargement of time – applicant’s persistent pursuit of remedies in the High Court – accounting for delay and relevance of Bushiri principle.
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19 November 2019 |
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A defective certificate of delay vitiates exclusion of time but may be rectified by the High Court Registrar; appeal hearing deferred.
* Civil procedure – certificate of delay – defective/contradictory date in certificate – error vitiating certificate and affecting exclusion of time under Rule 90(1).
* Civil procedure – rectification – Registrar may be approached to rectify obvious clerical/typographical errors in certificate of delay.
* Appeals – time bars – defective certificate does not automatically preclude rectification or relief under overriding-objective provisions (AJA and Court of Appeal Rules).
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18 November 2019 |
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Investigating officer competent to tender BRELA documents; chain of custody may be proven at prosecution's close.
Evidence — Admissibility of documentary exhibits from public registries; competence of tendering witness; foundation and identification; chain of custody may be established at close of prosecution case; interpretation of sections 8 and 10 PCCB Act.
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15 November 2019 |
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The Attorney General can be joined when public corporation assets and public interest are implicated.
Attorney General – joinder as interested party – public interest and public property – AG Act ss.6(a), 17(1) – public corporation – National Housing Corporation – execution proceedings – right to be heard – natural justice.
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14 November 2019 |
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High Court ruling nullified for condemning the applicant unheard and failing to comply with appellate remittal direction.
Appeal/Revision – s.4(3) AJA – revision of High Court proceedings to examine correctness and legality; Right to be heard – decision condemning interested party unheard is illegal; Compliance with appellate remittal – High Court duty to investigate competing sales between two purchasers; Misjoinder/variance of parties – proceedings void where interested party omitted and condemned unheard; Relief – nullification of proceedings and direction to re-investigate, fast-track and costs in main cause.
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5 November 2019 |
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Court refused ex-parte stay pending review and referred the application to the Full Court for determination.
* Civil procedure — Stay of execution — Ex-parte application for stay pending review — Whether Rule 11 contemplates stays pending review or only pending appeal — Referral under Rule 60(1) to Full Court for determination.
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1 November 2019 |
| October 2019 |
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Extension of time granted for applicants to file a stay of execution, establishing good cause for delay.
Civil Procedure - Application for extension of time - Good cause for delay - Illegality allegation not apparent - Affidavit defect non-fatal.
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30 October 2019 |
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Court granted stay pending appeal, finding timely application, likelihood of substantial loss, and existing deposit as security.
Civil procedure — Stay of execution — Rule 11 Court of Appeal Rules — Conditions for stay: good cause, application within 14 days, likelihood of substantial loss, and security for due performance — Prior deposit held as security.
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24 October 2019 |
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Reported
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23 October 2019 |
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Applicant failed to show irreparable loss or provide adequate security; stay of execution dismissed.
Court of Appeal – Stay of execution – Rule 11(2)(b) and (d)(i)–(iii) – cumulative conditions; substantial/irreparable loss requirement; adequacy of security; executor/administrator cannot pledge deceased’s estate not owned or possessed by applicant as security.
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23 October 2019 |
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Stay of eviction granted pending appeal provided applicant executes a bond to maintain the premises' status quo within 14 days.
Court of Appeal — stay of execution — Rule 11(4) & (5) of Tanzania Court of Appeal Rules, 2009 — compliance with 14‑day limit — security for non‑monetary decree — undertaking/bond to maintain status quo as appropriate security.
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17 October 2019 |
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Whether statutory appointment of local government Directors as Returning Officers breaches constitutional safeguards for free and fair elections.
Constitutional law — electoral management — whether statutory appointment of local government Directors as Returning Officers breaches articles 21(1), 21(2), 26(1) and safeguards in article 74(14); statutory/regulatory safeguards (oath/declaration, NEC powers, party agents, criminal sanctions) and admissibility/probative weight of electronic annexures to affidavit.
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16 October 2019 |
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Where records were missing and the prisoner served most of sentence, the court nullified proceedings and ordered release.
Criminal procedure – missing trial and appellate records; inconsistency in charge description (armed robbery v. rape); reconstruction of record; retrial impracticality after long delay; invocation of revisional powers under s.4(2) Appellate Jurisdiction Act to nullify proceedings and order release.
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15 October 2019 |
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A stay pending appeal requires notice of appeal, substantial loss, security (bank guarantee acceptable), and timely application.
• Civil procedure – Stay of execution pending appeal – requirements under amended Rule 11 – notice of appeal; substantial loss; security; timely application.• Security – an undertaking or bank guarantee constitutes sufficient security for stay.• Evidence – failure to file a reply affidavit means founding affidavit facts are deemed uncontested.
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15 October 2019 |
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Applicant's last-minute filing and unproven online-system failure did not justify extension of time to seek leave to appeal.
Extension of time — good cause — factors: length of delay, reasons, conduct of parties and prejudice; online filing system failures — burden to prove objective malfunction; last-minute filing and unfamiliarity with new system not excusing delay; alleged illegality must be apparent on the face of the record to justify enlargement of time.
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7 October 2019 |
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2 October 2019 |
| September 2019 |
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Review application dismissed for lack of manifest error; applicant failed to substantiate service with affidavit, appeal remained time-barred.
* Civil procedure – Review jurisdiction under Rule 66(1)(a) – manifest error on the face of the record required to be obvious and self-evident.
* Service of documents – party relying on service must produce affidavit of material witness who received the documents.
* Review vs appeal – factual disputes and re-examination of credibility cannot be resolved by review; would amount to appeal in disguise.
* Time bar – failure to comply with mandatory service requirements can render an appeal hopelessly out of time.
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27 September 2019 |
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Appellant's constitutional right to be present and heard on appeal was breached; appellate proceedings nullified and remitted for rehearing.
* Criminal law – Appeal – Right to be heard – Article 13(6)(a) Constitution – Determination of appeal in appellant's absence without proof of service renders proceedings a nullity.
* Criminal procedure – Competence of memorandum of appeal – Section 362(2) Criminal Procedure Act – Defective written submissions cannot be cured by dismissing appeal in absence of appellant.
* Appellate jurisdiction – Revision power – Section 4(2) Appellate Jurisdiction Act – Nullification and quashing of appellate proceedings and remittal for rehearing.
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26 September 2019 |
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Commercial Division can hear commercial loan disputes with land elements; default‑notice issues are factual, requiring trial evidence.
Jurisdiction — High Court divisions (Commercial and Land) are parts of the High Court; parties cannot by contract oust statutory jurisdiction; Commercial Division may hear commercial loan disputes with land/security elements; Procedure — questions of service and sufficiency of notice of default are factual issues not ordinarily resolvable on preliminary points of law; Remittal — matter returned to Commercial Division for hearing by another judge.
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23 September 2019 |
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A dismissal under Order XVII r.3 CPC is a decree and is appealable as of right under section 5(1)(a) AJA.
Civil procedure — Order XVII r.3 CPC — dismissal for want of prosecution — decision on the merits — decree under s.3 CPC — appealability under s.5(1)(a) AJA — no leave required; precedential conflict resolved in favour of earlier authorities (Salem Ahmed Hasson Zaidi; Ally Khalfan Mleh).
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20 September 2019 |
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Whether a trial court's judgment and decree complied with Order XX and whether the appeal should proceed on the merits.
Civil procedure – validity of judgment and decree – compliance with Order XX Rules (4), (5) and Rule 6(1) CPC – whether judgments must decide each framed issue and state reliefs; Appellate jurisdiction – Section 4(2) AJA – scope to revise or quash proceedings for irregularities; procedural point – raising validity of judgment for first time on appeal.
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20 September 2019 |
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Unexplained succession of judges during trial vitiates proceedings and warrants nullification and remittal for rehearing.
* Civil procedure – irregular change of presiding judges – individual judge calendar – Order XVIII r.10(1) CPC – unexplained transfers vitiate proceedings; entire proceedings liable to be nullified and remitted for rehearing.
* Civil procedure – decree must conform to judgment – Order XX r.7 CPC.
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20 September 2019 |
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Application for stay struck out because the impugned decree was declaratory and not executable.
Land law — stay of execution — executability of decree — declaratory orders not executable; title revocation and vesting in the State impede execution; competency of stay application.
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20 September 2019 |
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A successor judge's failure to record reasons for taking over a trial is jurisdictional and renders proceedings a nullity.
Civil procedure – succession of judges – Order XVIII r.10(1) CPC – mandatory requirement to record reasons when successor judge takes over; jurisdictional defect – failure to record reasons vitiates proceedings; overriding objective principle cannot cure jurisdictional/mandatory procedural defects; remedy: quash proceedings, set aside judgment and remit for fresh trial.
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11 September 2019 |
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Successor judges' failure to record reasons under Order XVIII r.10(1) CPC renders the proceedings a nullity.
* Civil procedure – Succession of judges – Order XVIII r.10(1) CPC – Mandatory requirement to record reasons where a judge is prevented from concluding a trial – failure to record reasons renders proceedings a nullity.
* Jurisdiction – Procedural irregularity going to jurisdiction – overriding objective principle cannot cure jurisdictional defects.
* Remedy – Quashing of proceedings, setting aside judgment and remitting for fresh trial.
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11 September 2019 |
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Failure to read and explain the memorandum at preliminary hearing breaches s192(3) CPA and vitiates the proceedings, requiring a rehearing.
* Criminal Procedure – Preliminary hearing – Compliance with section 192(2) and (3) CPA – memorandum of undisputed facts must be read and explained to accused.
* Evidence – Admission of documentary exhibits (PF3) – defence must be afforded opportunity to object or respond.
* Procedural law – Failure to comply with mandatory preliminary hearing requirements is a fundamental, incurable irregularity.
* Remedy – Nullification/quashing of defective preliminary hearing and order for rehearing from that stage.
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10 September 2019 |
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Expiry of probation does not automatically confirm employment; a still‑probationary resigning employee cannot claim ELRA Part III Sub‑Part E remedies.
Employment law — probationary employment — expiry of probation does not automatically confer confirmation; confirmation depends on contractual conditions — entitlement to remedies under Part III Sub‑Part E ELRA limited to non‑probationary employees — right to be heard where issue of probation was litigated in earlier proceedings.
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9 September 2019 |
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A probationary employee not confirmed at resignation cannot claim unfair termination under Part III, Sub‑Part E ELRA.
Employment law – Probationary period and confirmation; Rule 10 Code of Good Practice – probation not automatically converted to confirmation; ELRA s.35 – exclusion from Part III Sub‑Part E for employees under probation/with less than protected status; Constructive dismissal – probationers not entitled to unfair termination remedies; Natural justice – right to be heard where issue was previously pleaded.
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9 September 2019 |
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Failure to read and take plea to an amended charge nullified the trial; regulation invalidation requires judicial review.
Criminal procedure — Amendment of charge — section 234(2) CPA — mandatory requirement to read altered charge, take plea and allow recall of witnesses; failure renders trial nullity. Administrative law — Subsidiary legislation — regulations made under section 106(1) of the Forest Act can only be challenged by judicial review (Cap. 310); appellate courts must not invalidate regulations sua sponte. Forest law — Possession of imported timber — accused must account for lawful possession; import permit may be obtained post‑importation.
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9 September 2019 |
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The applicant's failure to account for each day of delay justified denial of extension to file a reference.
* Civil procedure — Court of Appeal — Reference under Rule 62 — extension of time — requirement to show good cause and account for each day of delay. * Illegality as ground for extension — must be apparent on the face of the record and properly pleaded. * Limitation Act — certain provisions inapplicable to Court of Appeal (s.43(b)). * Full Court interference — only where single Judge misinterprets law or exercises discretion improperly.
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9 September 2019 |
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Reference dismissed: applicant failed to account for delay and alleged illegality was not apparent or pleaded.
Court of Appeal — Reference under Rule 62 — Extension of time — Good cause requires accounting for each day of delay — Illegality as ground for extension must be apparent on face of record — Law of Limitation Act provisions inapplicable to Court of Appeal under section 43(b).
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9 September 2019 |
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A stay of execution application is premature and incompetent unless accompanied by security and a notice of intended execution.
Stay of execution – Rules 11(3)–(7) Court of Appeal Rules – cumulative conditions for stay – necessity of security or firm undertaking (Rule 11(5)(c)) – requirement to attach notice of intended execution (Rule 11(7)(d)) – prematurity where application relies on hearsay; failure to comply is fatal.
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9 September 2019 |
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An application for stay of execution is premature if the applicant fails to furnish security and attach the notice of intended execution.
* Civil procedure – Stay of execution – Rule 11(3)–(7) – cumulative compliance required; security (Rule 11(5)(c)) mandatory; copy of notice of intended execution (Rule 11(7)(d)) required; application based on hearsay is premature.
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9 September 2019 |
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Failure to read and explain the memorandum of undisputed facts to the accused vitiated the preliminary hearing; proceedings nullified and remitted.
Criminal procedure – Preliminary hearing – Memorandum of matters agreed – Requirement to read over and explain memorandum to accused under s.192(3) Criminal Procedure Act – Mandatory duty; Failure to comply vitiates proceedings – Remedy: nullification under s.4(3) Appellate Jurisdiction Act and remittal; Transfer order vacated.
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9 September 2019 |
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High Court improperly decided an unpleaded ownership dispute after the underlying eviction order was quashed.
Land law – execution of court orders; scope of suit founded on eviction order – court may not decide unpleaded ownership dispute suo motu; admissibility and evidential value of documents annexed to pleadings; prior civil proceedings that neither adjudicated ownership nor granted title do not vest ownership.
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5 September 2019 |
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Extension of time refused where delay was unexplained and alleged illegality was not apparent on the record.
* Civil procedure – extension of time – applicant must show good cause under Rule 10 and Lyamuya factors (length of delay, reasons, diligence, prejudice, apparent illegality).
* Probate/inheritance dispute – allegations of illegality in distribution orders must be apparent on the face of the record to justify extension.
* Procedural compliance – notice of motion and supporting affidavit are complementary; minor defects are curable and not necessarily fatal.
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5 September 2019 |
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Applicant failed to show good cause or apparent illegality to justify an extension of time to file a revision application.
* Civil procedure – Extension of time (Rule 10) – Good cause required – Lyamuya factors (length and reasons for delay, diligence, prejudice, point of law/illegality apparent on record). * Procedure – Form of application (Rule 48(1)) – Notice of motion and affidavit complementary; minor defects curable; expungement of argumentative paragraphs. * Illegality as basis for extension – must be apparent on face of record, not one requiring lengthy argument or research.
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5 September 2019 |
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Extension granted where delay excused by bona fide pursuit of appeal and alleged manifest illegalities justified revision.
Extension of time – Rule 10 Court of Appeal Rules – good cause – pursuing appeal and refusal of leave – excusable delay; Revision v. appeal – single Justice not to pre‑judge merits; Alleged illegality apparent on face of record (assessors, succession of Judge, recall of witness, mediation irregularity) justifies extension.
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4 September 2019 |
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High Court erred by deciding ownership sua sponte after the eviction order central to the suit had been quashed.
Land — Execution of eviction order — Eviction order quashed — Trial court improperly deciding ownership sua sponte — Parties entitled to be heard on newly raised issues — Documents annexed to pleadings require formal tender to have evidential value — Prior civil proceedings failing to vest title do not establish ownership.
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3 September 2019 |