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Citation
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Judgment date
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| December 2021 |
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Court affirms trafficking conviction on total parcel weight; expunges unsworn trial-inquiry evidence and unread exhibit.
Criminal law – Narcotic drugs – Identification and admissibility of exhibits – Chain of custody – laboratory parcel and component envelopes – statutory definition 'anything that contains' a scheduled substance – weight attribution; Arrest and search at airport – lawfulness; Trial-within-trial requirements – witness to be sworn and cautioned statement admissibility; Oral evidence and observation forms as sufficient proof of movement and identification of exhibits.
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23 December 2021 |
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The applicant’s appeal was struck out for failing to serve the notice of appeal within 14 days under Rule 84(1).
Civil procedure — Appeal competence — Service of notice of appeal — Rule 84(1) Tanzania Court of Appeal Rules, 2009 — Failure to serve within 14 days renders appeal incompetent; preliminary objections based on record — Overriding objective/Rule 4(1) cannot cure breach of mandatory procedural rules; distinction between Rules 84(1) and 86(1).
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23 December 2021 |
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Conviction quashed where police searched without a warrant and trial court failed to apply section 169 balancing test.
Criminal procedure – Search and seizure – Requirement for search warrant under section 38 CPA and Police General Orders – Admission of evidence obtained unlawfully – Section 169 CPA balancing test – Effect of expunging illegally obtained evidence on sufficiency of prosecution case.
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21 December 2021 |
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Appeal allowed: trial court erred in relying on documents not attached to the amended plaint, rendering the judgment unsustainable.
Civil procedure – Order VIIIA speed tracks: trial court may reschedule expired speed track to secure substantive justice; Amended pleadings – earlier pleadings cease to have effect; documents annexed only to original plaint cannot be relied upon for an amended plaint; Order VIII rule 14(1) – effect of failure to plead to a counterclaim; Evidence – admissibility of exhibits and relevance where pleadings amended.
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20 December 2021 |
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University followed its plagiarism regulations and accorded fair hearing; courts will not force conferment of a degree.
* University law – academic dishonesty and plagiarism – applicability of postgraduate regulations (2013) – discontinuation for examination irregularity.
* Administrative law – natural justice – right to be heard – adequacy of hearing and reasons.
* Judicial review – limits of courts in interfering with academic decisions – certiorari/mandamus not a tool to compel conferment of degrees.
* Institutional powers – Senate and SPSC authority under university charter and regulations.
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20 December 2021 |
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Unauthorised amendment to pleadings and an improperly conducted locus visit vitiated the trial, warranting a retrial.
Pleadings — amendment of defence without leave — evidence based on unpermitted amendment inadmissible; Civil procedure — unpleaded issues may be decided only if left to the court by the parties; Evidence — locus in quo visits must follow proper procedure, be recorded and exhibits produced; Procedural irregularity — miscarriage of justice vitiates judgment; Remedy — quash judgment and order retrial.
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20 December 2021 |
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The appellants were liable as guarantors; the bank validly appointed a financial controller and lawfully sold the mortgaged property.
Banking law – Guarantees and mortgages – guarantors’ liability; Contract interpretation – rights to appoint financial controller under facility agreement (item 5.9); Civil procedure – non-joinder of borrower not fatal where guarantors bear burden of proof; Evidence – proof of service by dispatch book and failure to cross‑examine; Land law – lawful sale of mortgaged land by public auction under s.126 Land Act.
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20 December 2021 |
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Guarantors bound by loan terms: bank lawfully appointed a financial controller and lawfully sold mortgaged land after valid default notice.
Contract law Guarantor liability under loan and guarantee documents; Mortgage enforcement appointment of financial/collateral manager under express contractual term (item 5.9); Notice validity of demand/default notice and proof of service; Land law power to sell mortgaged land by public auction and protection of bona fide purchaser; Civil procedure non-joinder of borrower not fatal where dispute between present parties can be determined; Admission of evidence proper tendering and admission of exhibits.
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20 December 2021 |
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Affidavit paragraph expunged as argumentative; defective verification clause may be amended within 30 days; costs in the cause.
• Civil procedure – Affidavit requirements – Affidavits must state facts of deponent’s own knowledge or clearly identify information/belief; no legal argument or conclusion allowed.
• Civil procedure – Verification clause – Must distinguish which averments are from personal knowledge and which are from information or belief and disclose sources of information.
• Civil procedure – Preliminary objections – Offensive paragraphs may be expunged and defective verification clauses may be amendable in the court’s discretion.
• Restoration of appeal – Competency of supporting affidavit determines admissibility of the application for restoration.
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15 December 2021 |
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A voluntary cautioned statement and possession evidence can establish common intention for theft; new grounds cannot be raised on appeal.
Criminal law – Appeal procedure – new grounds not raised in first appeal; Criminal procedure – cautioned statement – inquiry into voluntariness and admissibility; Evidence – confession and possession of proceeds as proof; Penal Code – common intention (s.23) in joint theft.
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15 December 2021 |
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Omission to determine alleged illegality of service justified quashing refusal to extend time and remitting matter for determination.
Civil procedure – service of summons and substituted service; alleged defective service on defendants resident outside jurisdiction; illegality as sufficient cause for extension of time; duty of trial court to determine contentious issues; appellate interference where discretion ignored material considerations.
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14 December 2021 |
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Court upheld rape conviction on credible victim and medical corroboration but disregarded PF3 not read to the accused.
Criminal procedure – section 210 CPA (read-over of evidence) – omission for defence non-prejudicial where record unchallenged; Evidence – documentary exhibits (PF3) must be read over and explained to accused; Identification – no in-court pointing required where victim knew accused; Rape – victim's evidence corroborated by medical examiner on penetration; Age of victim – admissible proof and sentencing implications.
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14 December 2021 |
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Second appeal dismissed: non-compliance with s.210(3) CPA non‑prejudicial; credible identification and evidence proved armed robbery.
Criminal procedure — s.210(3) CPA — non-compliance not fatal absent prejudice; Identification — credibility of injured witness and site inspector upheld on second appeal; Evidence — cautioned statement expunged but remaining evidence sufficient; Evidence Act s.49(1) — eyewitness to signature may prove document signing; Reasonable doubt — speculation about key custody insufficient to overturn conviction.
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8 December 2021 |
| November 2021 |
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Court upheld conviction for drug trafficking: summing up, CCTV, ownership, emergent search and chain of custody were satisfactory.
Criminal law – narcotic drugs trafficking – ownership of seized luggage; evidence – summing up to assessors – sufficiency; admissibility of CCTV evidence; adverse inference for non-production of witness; seizure certificate – emergent search under s.42 CPA; chain of custody – weight discrepancy and expert evidence.
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23 November 2021 |
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A winding‑up petition does not automatically preclude arbitration of an underlying contractual dispute between the applicant and the respondent.
* Companies Act s.275 – High Court exclusive jurisdiction to wind up companies – does not bar stay pending arbitration of underlying disputes.
* Arbitration – enforceability of arbitration agreement after presentation of winding up petition – distinction between referring winding-up itself and referring discrete contractual issues.
* Companies Act ss.283–286 – do not prohibit stay of winding-up proceedings to permit arbitration of specific disputes.
* Procedure – application for stay of winding-up pending arbitration is competent where it does not purport to transfer winding-up jurisdiction to arbitrators.
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23 November 2021 |
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Appeal for bail struck out as moot after DPP withdrew the money‑laundering count; substantive legal issue left undecided.
Criminal procedure — Bail — Money laundering — interplay between EOCCA and Criminal Procedure Act s.148(5)(a)(v); Mootness — nolle prosequi — appeal overtaken by events — appeal struck out.
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22 November 2021 |
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Court granted 60‑day extension to lodge supplementary record where Registrar’s failure to supply documents caused delay.
Court of Appeal – Procedural law – Supplementary record of appeal – Rule 96(7) leave to file supplementary record – Rule 96(8) prohibition on further similar leave – Rule 4(2)(a) power to give directions where Rules silent – extension of time where Registrar failed to supply required documents – interest of justice.
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22 November 2021 |
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Court quashed High Court ruling for denying opportunity to tender newly discovered evidence and failing to assess due diligence.
* Revision – competence where no right of appeal (Order XLII Rule 7(1) CPC) – s.4(3) AJA invoked. * Review – discovered new and important evidence – conditions: evidence, due diligence, timing. * Right to be heard – trial court must admit/consider new evidence before finding lack of due diligence. * Failure to hear new evidence – irregularity warranting revision.
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22 November 2021 |
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Forgery, uttering and obtaining proved by expert evidence and confession; money‑laundering sustained as dealing in predicate proceeds; restitution and sentences adjusted.
Criminal law – forgery and related offences – handwriting expert and cautioned statement as corroborative proof; electronic bank documents – admissibility under Evidence Act and Electronic Transactions Act; procedural irregularities (plea recording, reading exhibits, s.210(3), s.231 CPA) curable if no prejudice; money laundering under AMLA s.12(a) sustainable by dealing in proceeds of a predicate offence; restitution corrected to proven sum; sentencing adjustments and concurrency principles.
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22 November 2021 |
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A DPP certificate under s.12(3) cannot validly transfer combined economic and non-economic offences to a subordinate court.
EOCCA — s.12(3) v s.12(4) — Transfer of cases to subordinate courts — Combined economic and non-economic offences — Jurisdictional certificate — Trial nullity — Conviction quashed — Retrial ordered.
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19 November 2021 |
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An appeal filed without required leave under s.5(1)(c) AJA is incompetent and was struck out, with no costs.
Appellate Jurisdiction Act s.5(1)(c) – leave required for appeals not within s.5(1)(a) or (b); incompetence and striking out for failure to obtain leave; refusal of extension of time treated as an "other" order requiring leave; labour-origin disputes — no costs ordered.
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17 November 2021 |
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Appellant failed to prove alleged outstanding purchase balance; appeal dismissed for lack of evidence.
Sale of goods – verbal hire-purchase agreement; burden of proof in civil cases – party who alleges must prove on balance of probabilities; contradictions in pleadings and evidence affecting credibility; requirement for documentary proof of payments (receipts).
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16 November 2021 |
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A suit instituted in the name of a deceased person is a nullity and must be struck out; O. XXII r.3 inapplicable.
Civil procedure – Suit filed in the name of a dead person – Suit is a nullity ab initio; O. XXII r.3 CPC applies only where death occurs after institution of suit – Substitution of legal representative and amendment cannot validate a suit instituted in dead person's name – Remedy is striking out.
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16 November 2021 |
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Contract clause auto-extended the sale agreement; documentary evidence proved unpaid deliveries, but general damages were unsupported and set aside.
* Commercial law – Sale of goods – Contract clause providing automatic extension – effect of failure to give written notice to terminate. * Evidence – Admission of commercial documents – marking/annexure under Commercial Division Rules not a precondition to admissibility. * Contract liability – liability under section 70 Law of Contract Act for benefits received. * Remedies – award of general damages must be pleaded and supported by evidence. * Negotiable instruments – cheque issued in commercial dealings as payment/guarantee; return for insufficiency does not negate underlying liability.
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16 November 2021 |
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Stay of execution granted pending appeal, conditional on a TZS 75,000,000 bank guarantee.
Stay of execution — Requirements under Court of Appeal Rules 11(4),(5) and (7) — timeliness, substantial and irreparable loss, security for due performance — firm undertaking to furnish security may suffice — annexing notice of appeal, decree, judgment and notice of execution.
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16 November 2021 |
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Whether a bank may enforce an unperfected mortgage or withhold title/funds where the borrower validly rescinds the mortgage finance facility.
* Banking law – mortgage finance – perfection/registration of mortgage – rescission of unperfected facility and effect on enforcement rights
* Banking law – set-off and wrongful debits – bank's duty to follow customer instructions and limits on unilateral set-off during dispute
* Civil evidence – standard of proof required to establish fraud in civil proceedings
* Remedies – declaratory reliefs, refund of wrongfully withheld funds, release of title; limits on unpleaded general damages
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15 November 2021 |
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Failure to decide a framed issue and non-joinder of the Government vitiated the High Court judgment; matter remitted for rehearing.
Civil procedure – Framing and determination of issues – Duty of trial court to decide every issue framed; omission vitiates judgment. Civil procedure – Necessary parties and joinder – Government as necessary party where ownership derives from Government acquisition and compensation; court may order joinder under Order I r.10(2). Land law – Acquisition and compensation – Questions of lawful acquisition and compensation require Government’s participation despite existence of certificates of title.
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15 November 2021 |
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The applicant’s review was dismissed for failing to show a manifest error or lack of jurisdiction; the complaints were merits issues, not reviewable.
* Civil procedure — Review under Rule 66(1) — Scope limited to manifest errors on face of record, deprivation of hearing, nullity, lack of jurisdiction, or fraud. * Jurisdiction — Preliminary objections — Trial court’s determination of jurisdictional preliminary objections may be examined on record for manifest error. * Review v Appeal — Merits-based grounds (appeal grounds) are not appropriate bases for review. * Mortgage enforcement — Whether separate mortgages require separate statutory notices is a merits/appeal issue, not a review ground.
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15 November 2021 |
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Appellant’s conviction and life sentence for rape of a three-year-old upheld; child’s unsworn evidence and medical corroboration valid.
Criminal law – Rape of a child under ten – Section 131(3) Penal Code – Sentence enhancement; Evidence Act s.127(2) – child of tender age promising to tell the truth; admissibility of documentary exhibits – requirement to read out; corroboration by medical evidence; appellate review of concurrent findings.
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12 November 2021 |
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Lost cargo value fixed by TRA electronic record; special damages reduced, general damages reduced, interest denied.
Commercial law – lost cargo in custodia legis – special damages must be specifically pleaded and proved; invoice is not proof of payment; electronic records admissible and authentic under Electronic Transactions Act (TANCIS); assessment of general damages; pleading and proof required for interest.
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11 November 2021 |
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Identification by familiar witnesses under adequate lighting satisfied Waziri Amani criteria; appeal dismissed.
* Criminal law – Identification evidence – Visual identification under artificial (fluorescent) lighting – Application of Waziri Amani factors (time, distance, lighting, prior knowledge) – Caution against mistaken identity but conviction permissible if threshold met.
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11 November 2021 |
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Strike-out granted where respondents failed to diligently collect appeal records; notice of appeal struck out with costs.
Civil procedure — Notice of appeal — Striking out for failure to take essential step (Rule 89(2)) — Appeal time limits and exclusion (Rule 90(1)) — Request and collection of certified copies — Diligence of appellant/advocate — Authenticity of court records and identity of parties/caption.
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11 November 2021 |
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Whether a guilty plea is unequivocal where the prosecution merely restates particulars, rendering conviction a nullity.
* Criminal procedure – Plea of guilty – Equivocal plea – prosecution must audibly and adequately narrate facts disclosing all elements of the offence after a guilty plea. * Plea validity – Conditions from Michael Adrian Chaki v. R must be conjunctively satisfied for an unequivocal plea. * Conviction based on equivocal plea – nullity; conviction, sentence and appellate judgment quashed. * Remedy – Record remitted for fresh trial; time in custody to be credited if reconvicted.
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11 November 2021 |
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Review dismissed: alleged errors required re-assessment of evidence and were not manifest on the face of the record.
* Review jurisdiction – Rule 66(1)(a) Court of Appeal Rules 2009 – manifest error on the face of the record – miscarriage of justice required.
* Limits of review – review is exceptional and not a substitute for appeal; cannot re-assess evidence or re-open appeals.
* Civil procedure – allegations of double allocation and transmission of revocation notice require evidentiary re-evaluation and are not self-evident errors.
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11 November 2021 |
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Nighttime identification defects and absent proof of penetration defeated the prosecution’s rape case; conviction quashed.
Criminal law — visual identification (Waziri Amani factors) — night identification unreliable without source/intensity of light; Rape — requirement to prove penetration (medical or credible witness evidence); Evidence — proper admission and read-over of exhibits (sketch map); Burden of proof — prosecution must prove guilt beyond reasonable doubt.
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9 November 2021 |
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Appellant must serve the co-judgment debtor with the record of appeal under the Court of Appeal Rules to protect his right to be heard.
Civil procedure — Appeal — Service of notice, memorandum and record of appeal — Rule 84(1) and Rule 97(1)-(2) Court of Appeal Rules, 2009 — Rights of co-judgment debtor entitled to appeal — Joining or serving absent parties to avoid being condemned unheard and multiplicity of appeals.
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8 November 2021 |
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An appeal struck out for non-compliance with Rule 90(3) is a procedural strike-out, not a dismissal, and does not bar seeking extension to refile.
Court of Appeal Rules — Rule 90(1) & (3) — requirement to serve written request for certified copies — failure disentitles appellant to time-exclusion and leads to strike out; Struck out vs dismissed — distinction from statutory limitation cases; Law of Limitation Act not directly applicable to Court of Appeal Rule-driven appeals; Jurisdiction to seek extension of time after procedural striking out.
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5 November 2021 |
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Review dismissed: striking out revision for incomplete record was proper; review cannot re-argue final decisions.
Review — limited grounds under Rule 66(1) AJA; manifest error on the face of the record must be self-evident; revision requires complete lower court record (including pleadings); review cannot be used to re-argue or re-open final decisions.
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5 November 2021 |
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Appeal struck out because a lower-court party was omitted; amendment and supplementary record cannot cure incompetency.
* Civil procedure — Court of Appeal — Amendment of record under Rule 111 — limits on impleading persons who did not participate in terminated lower court proceedings.
* Civil procedure — Supplementary record under Rule 96(7) — cannot cure incompetency caused by omission of a party.
* Appeal competency — necessity to include all parties from lower courts; death of a party does not absolve need for proper representation.
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5 November 2021 |
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The Will granted the spouse two-year control of houses; the property was bequeathed to a child and the appeal was dismissed.
Wills — construction and interpretation; testamentary disposition of immovable property; temporary grant of occupation under a will; matrimonial property — procedural requirement to enter caveat in probate proceedings; tenant at will after expiry of testamentary occupation period.
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5 November 2021 |
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Registrar’s rectification and revocation of title upheld where purchaser was privy to fraudulent disposition; indemnity barred.
* Land Registration Act – rectification of register – s99(2)(a),(b),(c) – revocation of title where owner is party or privy to fraud or immediate disposition is void. * Fraud – purchaser privy to fraudulent disposition – purchase from person with forged letters of administration invalid. * Indemnity – s100(4) – no indemnity where claimant substantially contributed to loss by fraud/negligence. * Payment of dues – failure to pay government/local dues does not necessarily vitiate customary right of occupancy.
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4 November 2021 |
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Improperly conducted and unrecorded locus in quo visit vitiated trial; proceedings quashed and retrial ordered.
Land law – locus in quo visits – requirements for meaningful locus in quo (attendance, oath, cross-examination, recording, sketch plan) – failure to record locus visit vitiates trial – remedy: nullification and retrial before another judge.
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3 November 2021 |
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Non-joinder of the defunct mortgagee vitiated the High Court proceedings; judgment quashed and fresh suit permitted.
* Civil procedure – Non-joinder of necessary party – Order 1 rule 10(2) CPC – Court’s duty to order impleader where necessary party omitted. * Right to be heard – party cannot be condemned in absence of being joined and heard. * Appellate powers – quashing proceedings for fundamental procedural irregularity; discretion on retrial where delay and changed legal context. * Relief – leave to commence fresh suit joining necessary party and protection from time-bar.
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3 November 2021 |
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Leave to appeal does not extend time; failure to obtain certificate of delay under Rule 90 renders appeal time-barred.
Civil procedure – Limitation of appeals – Rule 90(1) & (3) Court of Appeal Rules: mandatory sixty-day filing period; written application for copy of proceedings and service on respondent required for certificate of delay; leave to appeal does not extend time or substitute for a certificate of delay; failure to comply renders appeal time-barred.
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2 November 2021 |
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Court grants leave to add an additional ground of appeal under Rule 113(1), upholding the right to be heard.
* Civil procedure – Rule 113(1) Court of Appeal Rules – leave to add additional ground of appeal discovered during preparation – no prescribed form or timing for application. * Appeal grounds – whether general damages awarded in default judgment require reasons. * Natural justice – right to be heard and absence of prejudice justify granting leave.
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2 November 2021 |
| October 2021 |
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Conviction quashed where child witness was neither sworn nor made the required promise, leaving insufficient proof of identity.
* Evidence — Child witness — Section 127(2) Evidence Act — Competence, mandatory oath or promise to tell the truth — Non-compliance leads to expunction of evidence.
* Criminal law — Identity in sexual offences — Medical proof of assault does not substitute proof of perpetrator’s identity.
* Evidence — Unsigned/unsworn witness testimony — Non-compliance with oath requirements invalidates testimony.
* Criminal procedure — Burden of proof — Prosecution must prove guilt beyond reasonable doubt; insufficiency of identification evidence requires acquittal.
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29 October 2021 |
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Court upheld trafficking conviction despite procedural defects, expunged the cautioned statement, and increased sentence to life imprisonment.
* Narcotics law – trafficking – proof beyond reasonable doubt; chain of custody established by oral and documentary evidence. * Criminal procedure – minor defects in charge sheet and name arrangement not fatal if no prejudice. * Evidence – minor witness discrepancies immaterial; scientific analysis by Government Chemist decisive. * Admissibility – cautioned statement improperly recorded and expunged but conviction sustained. * Sentence – applicable statutory amendment warrants life imprisonment.
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28 October 2021 |
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Forfeiture upheld: POCA notice procedure satisfied, investigator-backed evidence proved tainted assets, and corporate veil was pierced under s.23.
Proceeds of Crime Act - forfeiture proceedings - proof on balance of probabilities (s.75) - notice and participation of interested parties (ss.9,10,16) - lifting corporate veil where directors convicted of serious offences (s.23) - admissibility of investigator-based affidavit; Evidence Act burden (s.110).
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28 October 2021 |
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Revision to the Court of Appeal was incompetent; leave to appeal under AJA s.5(1)(c) was required.
* Appellate jurisdiction v revisional jurisdiction – competence of application to Court of Appeal – where High Court order is challengeable by appeal with leave under s.5(1)(c) AJA, revision is not competent. * Revision not an alternative to appeal – appellate and revisional jurisdictions mutually exclusive except in exceptional circumstances. * Application struck out; no costs where competence raised suo motu.
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27 October 2021 |
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Failure to require pleadings after making a claimant plaintiff in an interpleader suit vitiated the trial and judgment.
Civil procedure – Interpleader suit – Order XXXIII Rule 4(3)(b) CPC – where a claimant is made plaintiff in lieu, original interpleader plaintiff should be discharged and new plaintiff must file a plaint – failure to file pleadings vitiates trial – overriding objective cannot cure mandatory procedural defects – revisional powers under AJA s.4(2).
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26 October 2021 |