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Citation
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Judgment date
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| November 2016 |
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Application under section 93 improperly cited and struck out; defendant ordered to file defence within 14 days and to pay costs.
Civil procedure – Extension of time – Section 93 CPC applicable only where time was fixed/granted by court – Order VIII r.1(1) and r.1(2) – Distinction between summons to appear and summons to file defence – Competence of application and timing of preliminary objection.
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17 November 2016 |
| September 2016 |
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Allowing assessors to cross-examine and inadequate summing up on alibi vitiated the trial, warranting nullification and retrial.
* Criminal procedure – assessors – assessors may put questions through the judge but must not cross-examine witnesses; * Evidence Act s.177 and CPA ss.265, 290 – role and limitations of assessors; * Summing up – necessity of adequate direction to assessors on vital points (alibi); * Procedural irregularity – assessors acting adversarially and inadequate summing up are incurable and vitiate trial.
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14 September 2016 |
| August 2016 |
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Absence of statutory leave under section 47(1) renders a land appeal to the Court of Appeal incompetent and fatal.
* Land law – Appeals – Competency – Requirement of leave under section 47(1) of the Land Disputes Courts Act.
* Procedural law – Effect of striking out prior appeals – Earlier leave does not survive struck-out appeals; must be re-sought.
* Civil procedure – Extension of time to file notice of appeal does not substitute for mandatory leave to appeal.
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4 August 2016 |
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Defective record and invalid leave to appeal rendered the appeal incompetent and it was struck out.
* Civil procedure – Appeal competency – omission of essential tribunal and High Court proceedings from record of appeal – breach of Rule 96(2) and Rule 96(2)(c) – defective record renders appeal incompetent.
* Appellate jurisdiction – leave to appeal – Rule 45(a) and section 47(1) Land Disputes Courts Act – leave granted after long delay without prior extension of time is invalid.
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4 August 2016 |
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An appeal with essential omitted records and invalid leave to appeal is incompetent and struck out.
* Civil procedure – competence of appeal – essential proceedings omitted from record – breach of Rule 96(2) and Rule 96(2)(c) of the Court of Appeal Rules, 2009.
* Appellate procedure – leave to appeal – requirement to apply within prescribed time or obtain extension – Rule 45(a) and section 47(1) of the Land Disputes Courts Act.
* Effect – defective record and invalid leave render an appeal incompetent and liable to be struck out.
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4 August 2016 |
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A decree bearing a date different from the judgment date is defective, rendering the appeal incompetent and struck out.
* Civil procedure – Decree must bear the date judgment was pronounced (Order XX r.7 CPC).
* Civil procedure – Copy of decree an essential document in record of appeal (Court of Appeal Rules r.96(1)(h)).
* Civil procedure – Defective decree = no decree; defective record of appeal renders appeal incompetent and liable to be struck out.
* Procedural consequence – An incompetent appeal cannot be withdrawn; appeal struck out; no costs when issue raised suo motu.
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4 August 2016 |
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Appeal struck out because the record contained a decree dated differently from the judgment, rendering the appeal incompetent.
Civil procedure – decree must bear date of judgment (Order XX r.7 CPC) – defective decree invalid – record of appeal must include valid decree (Court of Appeal Rules r.96(1)(h)) – defective record renders appeal incompetent – incompetent appeal cannot be withdrawn – court may raise competence suo motu.
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4 August 2016 |
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3 August 2016 |
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Appeal struck out for incompetence due to omission of essential documents required by Rule 96(2).
* Civil procedure – Appeal competency – Requirement to include essential documents in the record of appeal under Rule 96(2) Court of Appeal Rules 2009 – omission renders appeal incompetent.
* Limitation – need for certificate of delay (proviso to Rule 90(1)) in records to determine time bar.
* Evidence/record completeness – missing exhibits and missing pages impede appellate determination.
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3 August 2016 |
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Appeal struck out for defective record and invalid leave to appeal granted outside statutory time limits.
• Civil procedure – Appeals – defective record of appeal – omission of essential tribunal and High Court proceedings – non-compliance with Rule 96(2) – appeal rendered incompetent.
• Appellate procedure – leave to appeal – time limits under Rule 45(a) and section 47(1) of the Land Disputes Courts Act – leave granted out of time without extension invalid.
• Court of Appeal – competence – procedural non-compliance cannot be cured by leniency where statutory requirements are mandatory.
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3 August 2016 |
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3 August 2016 |
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2 August 2016 |
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An appeal was struck out because the record omitted essential exhibits required by Rule 96(2)(c).
* Civil procedure – Record of appeal – Non-inclusion of essential exhibits (Exhibits D1–D8) – Breach of Rule 96(2)(c) of the Court of Appeal Rules, 2009 – Record fatally defective – Appeal struck out; Court may raise competence suo motu.
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2 August 2016 |
| July 2016 |
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A defective notice misdescribing the offence renders the applicant's appeal incompetent and it is struck out.
Criminal procedure – Notice of appeal – Rule 68 Court of Appeal Rules – mandatory contents – notice misdescribing offence (rape v. attempted rape) – incurable defect – appeal incompetent – striking out appeal.
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29 July 2016 |
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Court granted extension where prison authorities' misdirection caused delay in lodging notice of appeal.
* Criminal procedure – Extension of time – Delay caused by prison authorities misdirecting application – Good cause under Rule 10.
* Prisoners' rights – Practical difficulties in preparing and dispatching appeal documents – Affidavit evidence to be given due weight.
* Evidential burden – State should rebut prisoner’s assertions with cogent contrary evidence if challenging delay.
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29 July 2016 |
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A defectively framed charge and improperly admitted evidence vitiated the trial, leading to quashing of conviction and sentence.
* Criminal procedure – Charge and statement of offence – Mandatory requirement under s.135(a)(ii) to cite the statutory section creating the offence – defective charge vitiates trial.
* Criminal procedure – Judgment requirements – s.312(2) requires judgment to specify offence and section of law.
* Evidence – Improper tendering/admission of PF3 medical forms by a witness who did not prepare or sign them undermines conviction.
* Criminal procedure – Variance in date alleged in charge and date found in judgment – need to amend charge or conviction unsafe.
* Appellate jurisdiction – Revisional powers under s.4(2) AJA – nullification and quashing of proceedings; retrial discretionary and refused where interests of justice preclude it.
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29 July 2016 |
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Preliminary-hearing admission of self-defence requires careful evidence-based assessment; conviction for murder substituted with manslaughter and five-year term.
Criminal law – self-defence; murder v. manslaughter; preliminary hearing admissions (matters not in dispute); trial judge’s impartiality and speculation; burden of proof and resolving doubt in favour of accused.
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28 July 2016 |
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28 July 2016 |
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Prison administrative errors can constitute good cause for extending time to lodge an appeal.
Criminal procedure – Extension of time – Good cause – Prisoners' administrative difficulties (misdirection of documents, lack of facilities) – Weight of prisoner's affidavit – Absence of contrary evidence from State – Court of Appeal Rules 10 and 48.
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28 July 2016 |
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An appeal is incompetent and must be struck out if the record of appeal omits required documents.
* Civil procedure – Appeal competency – record of appeal must be complete under Rule 96(1) – omission of a required document (ruling) renders appeal incompetent.
* Civil procedure – Amendment – Rule 111/Rule 50 do not permit adding documents not originally in the record of appeal.
* Civil procedure – Exclusion of documents – Rule 96(3) requires application to High Court justice or Registrar to exclude documents from the record.
* Civil procedure – Strike out – Court may strike out an appeal under Rule 4(2)(b) when the record is incurably defective.
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28 July 2016 |
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A missing ruling in the record of appeal renders the appeal incurably defective and is struck out.
* Civil procedure – Appeals – Record of appeal – completeness required under Rule 96 – omission of a judgment/ruling renders an appeal incompetent.; * Civil procedure – Amendment – Rule 111/Rule 50 do not permit adding documents not originally in the record.; * Civil procedure – Exclusion of documents from record – must be directed under Rule 96(3).; * Civil procedure – Remedy – striking out under Rule 4(2)(b) for incurably defective record of appeal.
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28 July 2016 |
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27 July 2016 |
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27 July 2016 |
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Failure to properly direct assessors on visual ID, circumstantial evidence and alibi rendered the trial a nullity; retrial ordered.
Criminal procedure — Trials in High Court with assessors — Duty to properly sum up to assessors on visual identification, circumstantial evidence, alibi and malice aforethought; misdirection/non‑direction to assessors renders trial a nullity — Retrial ordered in interests of justice.
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26 July 2016 |
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A notice of appeal that misstates the nature of the conviction is incurably defective and the appeal is struck out.
Criminal procedure – Appeal – Notice of appeal – Rule 68(2) TACR 2009 – Mandatory requirement to state nature of conviction – Misstated conviction renders notice incurably defective and appeal incompetent – Appeal struck out; leave to refile subject to limitation.
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22 July 2016 |
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A trial is void where assessors are not properly directed and improperly participate, requiring a retrial.
Criminal procedure – Trials with assessors – Duty to properly sum up law and salient facts to assessors (s.298(1) CPA); assessors’ role limited to advising on facts and seeking clarification – not cross-examination; misdirection/non-direction on vital points renders trial with assessors a nullity – retrial ordered.
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22 July 2016 |
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A criminal notice of appeal must correctly state the nature of the conviction; failure renders the appeal incompetent and struck out.
Criminal procedure – Notice of appeal – Rule 68(2) Court of Appeal Rules, 2009 – mandatory requirement to state correctly the nature of conviction, sentence, order or finding – misstatement renders appeal incompetent – appeal struck out – liberty to re‑file subject to limitation.
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20 July 2016 |
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An incorrectly stated offence in the appellant’s notice of appeal renders the appeal incompetent and is struck out.
Criminal procedure — Notice of appeal — Court of Appeal Rules (Rule 68) — Mandatory contents of notice of appeal — Incorrect statement of nature of offence (rape v attempted rape) — Defect fatal and renders appeal incompetent — Appeal struck out.
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1 July 2016 |
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Extension to seek review requires good cause and prima facie grounds under Rule 66(1); review is not an appeal.
Criminal procedure — Extension of time to seek review — Applicant must show good cause under Rule 10 and prima facie grounds for review under Rule 66(1); review is not an appeal or a second bite; allegations that merely re-argue the appeal do not satisfy Rule 66(1).
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1 July 2016 |
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Inadequate summing-up to assessors (visual ID, malice, alibi) rendered the trial a nullity; retrial ordered.
Criminal procedure – High Court trials – Role and summing-up to assessors; visual identification – caution and dangers at night (Waziri Amani); prove malice aforethought – assessors must be directed; defence of alibi – legal implications must be explained to assessors; failure to direct assessors on vital points renders trial a nullity; retrial ordered (Fatehali Manji).
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1 July 2016 |
| March 2016 |
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Unassembled dump trucks classified as complete vehicles under GRI 2(a); no exemption for non-energy mining machinery.
Customs/HS Code interpretation – application of GRI 1 and GRI 2(a) – unassembled/disassembled goods having essential character classified as complete articles; transportation convenience does not alter classification; EAC Schedule item 30B exemption limited to oil, gas and geothermal exploration machinery.
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1 March 2016 |
| February 2016 |
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Application to revoke letters of administration struck out for wrong forum; Primary Court must first address time-bar.
Probate — Revocation of letters of administration — Proper forum: Primary Court that granted the letters — Limitation: Item 21 Part III Law of Limitation Act (60 days) applies to probate applications where no specific limit provided — Time-bar as jurisdictional objection: can be raised at any time and must be addressed before entertaining substantive application.
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29 February 2016 |
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Conviction for murder upheld where recent possession of the victim's motorcycle and corroborating evidence excluded reasonable innocence.
Criminal law – Murder – Circumstantial evidence – Doctrine of recent possession – Requirements for invoking recent possession (possession, proven ownership, recent dispossession, subject of charge) – Identification of property – Admissibility/corroboration of extra-judicial statement – Burden and standard of proof in circumstantial cases.
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3 February 2016 |