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Citation
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Judgment date
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| December 2019 |
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A second‑bite extension requires good cause under Rule 10; ignorance or human error alone is insufficient, but diligence justified extension.
* Civil procedure — Extension of time — Rule 10 (good cause) read with Rule 45A(1)(a) (second‑bite eligibility) — omission cured under Rule 48(1). * 'Good cause' is fact‑specific; human error/ignorance of law alone is insufficient. * Diligent pursuit of appeal (court follow‑ups) can justify extension.
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11 December 2019 |
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Application for review dismissed: complaint about doctrine of recent possession was an appeal in disguise, not a manifest error.
* Criminal procedure — Review of Court of Appeal decision — Scope limited to grounds in rule 66 of the Court of Appeal Rules.
* Review vs appeal — Manifest error on face of record (obvious/patent mistake) distinguishes reviewable errors from erroneous views on evidence which are grounds for appeal.
* Doctrine of recent possession — Complaint about application where ownership not established constitutes challenge to findings of fact and is not reviewable.
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11 December 2019 |
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Armed robbery conviction quashed where prosecution failed to prove theft and possession/use of knife beyond reasonable doubt.
Criminal law – Armed robbery – elements of offence: stealing and use/threat of weapon – requirement that stealing be proved beyond reasonable doubt; proof of possession/use of weapon and proper chain of custody for exhibits; appellate interference with concurrent findings where misapprehension of evidence causes miscarriage of justice.
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11 December 2019 |
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Appellant proved sale and part-payment; transfer ordered subject to payment of the outstanding TZS 10,000,000 within 60 days.
* Contract formation – sale of land – proof of agreement/execution of deed; offer and acceptance inferred from conduct at advocate's office and signed deed (Exhibit PI).
* Evidence – burden of proof in civil cases under section 110 Evidence Act; claimant must prove contract and fulfillment of obligations on balance of probabilities.
* Credibility – assessment primarily for trial court but appellate re-appraisal permitted under Rule 36(1)(a).
* Pleading – allegations of fraud require particulars (Order VI r.4) and higher proof; departure from pleadings unacceptable.
* Specific performance/transfer – transfer ordered subject to payment of outstanding purchase price within fixed time.
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11 December 2019 |
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Applicant failed to account for delay and did not show good and sufficient cause for extension of time under section 38(1) LDCA.
Land law — Extension of time under section 38(1) Land Disputes Courts Act — Applicant must show good and sufficient cause and account for every day of delay; discretionary refusal will not be disturbed unless founded on wrong principle or misdirection; unsupported allegations of late supply of judgment require corroboration.
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6 December 2019 |
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Appellants' convictions quashed due to assessor misdirection, improperly admitted exhibits, predetermination, and insufficient evidence.
Criminal procedure — assessors’ summing-up — failure to direct on doctrine of recent possession; cautioned statement — voluntariness, certification, and trial within trial; admissibility — failure to read seizure certificate and improper exhibit identification; predetermination of guilt and fair trial; sufficiency of prosecution evidence and retrial discretion.
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6 December 2019 |
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Procedural misdirections, defective exhibits and unreliable witness evidence rendered the murder conviction unsafe; appeal allowed.
* Criminal procedure – trial with assessors – duty to direct assessors on vital points of law – failure renders trial with assessors a nullity. * Evidence – cautioned statements – certification requirements and trial-within-trial for voluntariness – inadmissibility if defective. * Evidence – certificate of seizure – requirement to read contents after admission. * Identification evidence – need for positive identification before invoking doctrine of recent possession. * Fair trial – prohibition of pre-determinative rulings on guilt at close of prosecution case. * Retrial – not ordered where prosecution evidence is insufficient and would be used to fill gaps.
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6 December 2019 |
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Review dismissed: no obvious error on the face of the record nor denial of hearing established by the applicants.
Criminal procedure — Review of Court of Appeal judgment under rule 66(1) AJA — scope of "manifest error on the face of the record"; Right to be heard — wrongful deprivation — requirement to prove supplementary grounds were lodged; Section 299 CPA — compliance considered on appeal; Review is not an appeal in disguise; Admissibility of cautioned statements, visual identification and recent possession — matters for appeal, not review.
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5 December 2019 |
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Procedural misdirections and defective exhibits rendered the trial unsafe; convictions quashed for insufficient evidence.
Criminal procedure — assessors’ directions — doctrine of recent possession — admissibility of exhibits (seizure certificate, clothing, cautioned statement) — trial-within-trial and voluntariness — predetermination of guilt — adequacy of prosecution evidence — retrial discretion.
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5 December 2019 |
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Applicant failed to show good cause for delay; High Court's refusal to extend time affirmed.
Land law – appeals from District Land and Housing Tribunal – extension of time under section 38(1) LDCA – discretion to extend time – requirement to show good and sufficient cause and account for each day of delay – proof when delay attributed to late supply of judgment – appellate interference standard (Mbogo).
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4 December 2019 |
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Applicant granted extension to apply for stay of execution due to excusable error and short, adequately explained delay.
* Civil procedure — Extension of time under rule 10 — Judicial discretion and Lyamuya benchmarks (account for all delay; delay not inordinate; diligence). * Procedural irregularity — Withdrawal of earlier application — excusable human error vs negligence. * Stay of execution — timing under rule 11(4) and filing requirements. * Illegality — must be apparent on record to justify extension.
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3 December 2019 |
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Appellant's cautioned statement, recent-possession and visual identification were inadequately proved; conviction quashed and appellant released.
* Criminal law – confession – voluntariness – requirement for trial-within-trial when objection raised – failure to hear defence renders confession inadmissible.
* Criminal procedure – seizure and chain of custody – mandatory seizure/receipt requirement; absence undermines recent-possession inference.
* Evidence – doctrine of recent possession – elements: possession, positive identification, recency, and connection to charged offence.
* Evidence – visual identification – weakest form; identification parade and elimination of mistaken identity required.
* Appeals – first appellate duty to re-evaluate evidence; second appeal will interfere where misapprehension/misdirection causes miscarriage of justice.
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3 December 2019 |
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3 December 2019 |
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Delayed service of a notice of appeal (beyond 14 days) is an essential default justifying striking out under rule 89(2).
* Civil procedure – Court of Appeal Rules 2009, rr.84(1), 89(2) – Failure to serve copy of notice of appeal within 14 days – constitutes failure to take an essential step and nullifies notice of appeal. * Rule 89(2) authorises striking out before or after institution of appeal. * Delay in obtaining certified High Court records does not excuse non‑compliance with service requirement.
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3 December 2019 |
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The applicant's rape conviction upheld despite voir dire omission; child testimony corroborated and medical evidence admissible.
* Criminal law – Rape – Evidence of child witnesses – voir dire omission not necessarily fatal; unsworn child evidence requires corroboration.
* Evidence – Corroboration – sworn testimony of another witness and medical evidence can corroborate unsworn child testimony.
* Medical evidence – Clinical officer competent to examine and give oral evidence; PF3 is not substantive evidence.
* Appeal procedure – Grounds not raised and decided in lower court will not be entertained on appeal.
* Credibility – Remote or fanciful possibilities do not displace solid, corroborated evidence.
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3 December 2019 |
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Appellant's conviction upheld: omission to conduct voir dire not fatal where child testimony and medical evidence were corroborative.
Criminal law – Rape – Evidence of child witness and voir dire – Omission to conduct voir dire not fatal where unsworn child evidence is corroborated; corroboration by a sworn older child permissible. Medical evidence – Clinical officer competent to give oral evidence of physical findings; PF3 not substantive if author testifies. Appeal – Fanciful possibilities cannot displace strong, corroborated prosecution case.
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3 December 2019 |
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Omission of voir dire not fatal where unsworn child evidence was corroborated by other competent testimony.
Criminal law – Rape; Evidence – child witness, voir dire and unsworn testimony; Corroboration by other witnesses; Medical evidence – PF3 and clinical officer competence; Appellate review – inadmissible/new grounds not considered.
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3 December 2019 |
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Night-time single-witness identification and unexplained arrest delay undermined convictions; s226 trial in absence was valid.
Criminal law - armed robbery; visual identification - single witness at night; recognition evidence; Waziri Amani guidelines; section 226 CPA - trial in absence after escape; unexplained delay in arrest.
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3 December 2019 |
| November 2019 |
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A withdrawn criminal appeal is deemed dismissed and may only be restored under Rule 77(3), not by an extension of time.
* Criminal procedure – withdrawal of appeal – Rule 77(1) withdrawal deemed dismissal – restoration only by leave under Rule 77(3) upon fraud or mistake and interests of justice. * Extension of time under s.11(1) AJA not available to revive a withdrawn appeal. * Court of Appeal revisional jurisdiction – s.4(2) AJA – nullification of improper proceedings and striking out incompetent appeal.
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29 November 2019 |
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Appellate court upholds rape conviction: witness credibility, coherence and medical report suffice; new DNA ground struck out.
Criminal law — Rape — Evidence — Credibility: assessment of demeanour, coherence and corroboration; requirement of DNA testing — not obligatory; appellate jurisdiction — new grounds not raised in lower court cannot be entertained.
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29 November 2019 |
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Failure to consider the appellant's two years on remand and first‑offender status rendered the 15‑year sentence excessive; reduced to 13 years.
Criminal law — Sentencing — Appellate interference with sentencing discretion — Failure to take into account material mitigating factors (first‑offender status; time spent on remand) — Reduction of manifestly excessive sentence.
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29 November 2019 |
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Registrar's delayed endorsement constituted good cause to extend time under Rule 10, extension granted; no costs.
Court of Appeal — Extension of time — Rule 10 of the Tanzania Court of Appeal Rules 2009 — Extension may be granted before or after expiration or after doing the act; Registrar's delayed endorsement as good cause; unopposed service of record and memorandum of appeal.
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28 November 2019 |
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Failure to consider the applicant’s two years pre‑bail custody and first‑offender status warranted reduction of sentence.
Criminal law – Attempted murder – Sentencing – Pre‑trial custody and first‑offender status as mitigating factors – Appellate interference where trial court fails to consider material mitigating circumstances.
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28 November 2019 |
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Defective charge was curable; identification and medical evidence proved rape beyond reasonable doubt, appeal dismissed.
Criminal law – Rape – sufficiency of evidence and visual identification (Waziri Amani criteria) – medical corroboration (PF3) – defective charge curable under s.388(1) CPA – new grounds on second appeal not entertained.
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8 November 2019 |
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High Court erred in finding the appeal out of time and in dismissing rather than striking out; appeal restored for hearing.
Criminal procedure — Time for filing Notice of Appeal and lodging appeal under CP A s.361(1)(a)&(b) — Appeal within statutory time where notice filed within 10 days and appeal lodged within 45 days after receipt of judgment copies — Procedural remedy for defective/time-barred appeal is striking out, not dismissal — Unsolicited orders without hearing improper.
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8 November 2019 |
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Failure to retire assessors and to read admitted cautioned statements vitiated the trial; retrial ordered post-preliminary hearing.
Criminal procedure – trials with assessors – trial-within-trial on admissibility of cautioned statements – assessors must retire during inquiry and be recalled afterwards – admitted cautioned statements must be read in open court – failure to comply vitiates trial and may warrant retrial.
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8 November 2019 |
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Concurrent credible scene identifications established guilt; appeal dismissed for lack of merit.
* Criminal law - armed robbery - identification at scene - reliability of eyewitness identification despite absence of parade record or conductor's testimony. * Evidence - concurrent findings of credibility by trial and first appellate courts - appellate restraint. * Evidence - failure to call an available witness and adverse inference - circumstances where witness was discharged following objection.
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8 November 2019 |
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Application for stay of execution dismissed as overtaken by events and premature for failing to meet Rule 11(5) requirements.
* Civil procedure – Stay of execution – Application under Court of Appeal Rules r.11(2)(c) and r.48(1) – Conditions in r.11(5) (substantial loss, promptness, security) – Requirement that stay remain relevant to prevailing status quo; applications overtaken by events are dismissible.
* Execution proceedings – Effect of intervening orders setting aside execution for lack of jurisdiction and pending appeals on stay applications.
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7 November 2019 |
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An application for stay of execution was dismissed as premature and overtaken by subsequent events and pending appeals.
Stay of execution — requirements under Rule 11(5) (substantial loss, promptness, security) — prematurity and overtaken-by-events doctrine — execution of decree and tribunal jurisdictional defects — relevance of subsequent proceedings to interlocutory relief.
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7 November 2019 |
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Recent-possession proved guilt but lack of proof of a weapon downgraded armed robbery to robbery with violence.
* Criminal law – Doctrine of recent possession – unexplained possession of recently stolen property may permit inference of guilt.
* Evidence – Chain of custody and seizure certificates – exigent circumstances may excuse strict compliance where provenance is otherwise established.
* Evidence – Failure to call potential witnesses (VEO/WEO) is not fatal if their testimony would not materially alter credible evidence.
* Offences – Distinction between Armed Robbery (s.287A) and Robbery with violence (ss.285, 286); requirement that weapon use be proved.
* Appellate jurisdiction – Power to quash conviction and substitute lesser offence and vary sentence (s.4(2) AJA).
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7 November 2019 |
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7 November 2019 |
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Conviction for armed robbery upheld on reliable at-scene identification despite parade defects.
* Criminal law – Armed robbery – identification at scene of crime – sufficiency of at-scene identification despite defective identification parade.
* Evidence – contradictions in witnesses’ accounts – materiality of discrepancies.
* Evidence – failure to call a potentially favourable witness – objection and discharge of witness; adverse inference not automatic.
* Appellate procedure – scope of second appeal – deference to concurrent findings of fact by trial and first appellate courts.
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7 November 2019 |
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Establishing marriage does not dispense with assessing each spouse's contribution to matrimonial property for distribution.
Law of Marriage Act, s.114 – Distribution of matrimonial property – Requirement to assess extent of each party’s contribution; Domestic work as contribution – not necessarily 50% share; Concurrent appellate factual findings – generally binding unless shown to be perverse or unsupported; Remedy — valuation, option to buy out, and distribution of proceeds.
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7 November 2019 |
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Establishing marriage does not negate the statutory requirement to assess each spouse’s contribution before dividing matrimonial property.
* Family law – matrimonial property – interpretation of sections 114 and 60 Law of Marriage Act – requirement to assess parties’ contributions (including domestic work) before division. * Precedent – Bi Hawa Mohamed, Robert Aranjo, Bibie Maulidi on domestic contribution as part of joint efforts. * Relief – valuation and buy-out option; dismissal of appeal.
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7 November 2019 |
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6 November 2019 |
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Appellate court reduced sentence after finding the trial judge failed to consider mitigation and decided extraneous factual issues without hearing parties.
Criminal law — Sentencing — Obligation to consider and demonstrate mitigating factors (first offender, guilty plea, remand custody, provocation) — Improper determination of factual issues (intoxication) at sentencing without hearing parties — Appellate interference where judge acted on wrong principle or imposed excessive sentence — Reduction of sentence from 15 to 10 years.
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6 November 2019 |
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Appellate court reduced sentence after finding the trial judge failed to consider mitigation and decided issues without hearing parties.
* Criminal law — Sentencing — Appellate interference where trial court acted on wrong principle or imposed manifestly excessive sentence.
* Sentencing — Mitigating factors — first offender status, plea of guilty, time on remand, provocation and intoxication as mitigation.
* Procedure — Improper determination of factual issues (intoxication) during sentencing without hearing the parties.
* Sentencing principle — maximum penalty reserved for worst in the class.
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6 November 2019 |
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Stay of execution granted pending appeal where statutory requirements met and applicants risk substantial loss.
Stay of execution – Court of Appeal Rules, Rule 11 – requirements (notice of appeal, notice of execution, timing, attachments) – substantial/irreparable loss – balance of convenience – security by banker's guarantee.
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6 November 2019 |
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Non-joinder of the Government to a sale agreement rendered the DLHT suit unmaintainable and the tribunal lacked jurisdiction.
Civil procedure – Joinder of parties – Non-joinder of the Government where it is party to foundational contract renders suit unmaintainable; Order 1 R.3 and R.9 CPC; Rule 10(2) joinder powers; Government Proceedings Act s.7 – exclusive High Court jurisdiction; severance inappropriate where common questions of law and fact.
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6 November 2019 |
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Proof of marriage does not eliminate need to assess contributions; equal contribution and equal division upheld on the facts.
Family law — Distribution of matrimonial property — Section 114 Law of Marriage Act — Establishment of marriage does not dispense with requirement to assess each spouse's contribution; domestic work can constitute contribution; valuation and buy-out option appropriate before distribution.
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6 November 2019 |
| October 2019 |
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An appeal is time-barred absent a Registrar's delay certificate and a served copy request; appeal struck out with costs.
Civil procedure — Appeal institution — Rule 90(1),(2) Court of Appeal Rules — sixty days from Notice of Appeal — Registrar's certificate of delay required to exclude waiting time — requirement to serve copy of application for proceedings on respondent; Record of appeal completeness — Rule 96(2); consequence: time-barred appeal struck out with costs.
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30 October 2019 |
| May 2019 |
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Omission to state reasons by successor judge was not fatal; confessions and DNA corroboration sustained the appellants' convictions.
* Criminal procedure – Successor judge taking over trial – obligation to inform accused of right to recall witnesses under s.299(1) – failure to state reasons not automatically fatal where no prejudice shown and overriding objective applies. * Confessions – cautioned statements taken outside four-hour rule (s.50(1)) – applicability of s.50(2) exceptions and discretionary admission where confession leads to discovery. * Extra-judicial statements – voluntariness assessed by trial-within-a-trial. * Oral confession – admissible if voluntary even when made in presence of police and civilians. * Proof – confessions, discovery and DNA corroboration can establish guilt beyond reasonable doubt.
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21 May 2019 |
| April 2019 |
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Bail under EOCCA s.29(4)(d) lies with the High Court; Division lacked jurisdiction and its proceedings were set aside.
* Criminal procedure – bail – Jurisdiction to hear bail under EOCCA s.29(4)(d) – power vested in the High Court, not exclusively in the Corruption and Economic Crimes Division. * EOCCA s.36(1) – directory/regulatory provision governing exercise of bail powers, not an independent source of jurisdiction. * Charge sheet must disclose facts (e.g., value threshold) necessary to found jurisdiction under s.29(4)(d). * Proceedings of a court lacking jurisdiction are a nullity and may be set aside under s.4(2) AJA.
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12 April 2019 |
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Division lacked jurisdiction under EOCCA s.29(4)(d); proceedings nullified for want of jurisdiction.
Criminal procedure — Bail — EOCCA s.29(4)(d) jurisdiction to grant bail — Corruption and Economic Crimes Division v. High Court sub‑registries; EOCCA s.36(1) procedural not jurisdictional; charge sheet must disclose value threshold for s.29(4)(d); proceedings null for want of jurisdiction; revisional power under AJA s.4(2).
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12 April 2019 |
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Fixed-term employees with under six months’ service cannot claim unfair termination; dismissal for proven misconduct upheld.
Employment law – Fixed-term contracts – applicability of s.35 (employees with less than six months) to unfair termination claims; Misconduct versus incapacity; Disciplinary procedure compliance; Jurisdiction of CMA/High Court over fixed-term contract disputes.
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12 April 2019 |
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Deputy Registrar lacked jurisdiction to grant stay of execution after a notice of appeal was filed.
* Appellate jurisdiction — lodging notice of appeal divests the High Court of jurisdiction; * Labour Court — stay of execution under Employment and Labour Relations Act must be granted by the court, not Registrar/Deputy Registrar; * Statutory interpretation — specific labour statutes prevail over general Civil Procedure Code provisions for Labour Division matters.
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12 April 2019 |
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The respondent on successive three-month fixed-term contracts was not protected by unfair-termination provisions; dismissal for misconduct and procedure upheld.
Employment law — Fixed-term contracts — Application of s.35 (exclusion for employees with less than six months’ employment); Disciplinary dismissal — misconduct versus incapacity; Procedural fairness — compliance with Code of Good Practice; Jurisdiction — competence of CMA and High Court to hear unfair termination claim for short fixed-term contracts.
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12 April 2019 |
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Delay caused by occupier's death did not invalidate compensation; payment covering improvements and received by appellant required remittance to estate.
Land law – compensation for unexhausted improvements – validity of valuation reports; delay in payment caused by death of occupant – lawful excuse for delayed compensation; payment to occupant later appointed administrator – duty to remit to estate; section 14(b) Land Ordinance compliance.
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10 April 2019 |
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Bona fide purchaser protected where administratrix fails to account and the heir-seller is not impleaded.
* Land law – bona fide purchaser for value – protection of purchaser who acquires in good faith and makes substantial improvements; * Administration of estates – duties of administratrix under Primary Courts (Administration of Estates) Rules – requirement to account and file inventory; * Non-joinder – failure to implead heir/seller undermines challenge to disposition; * Civil procedure – omission of capacity in case title undesirable but not fatal where capacity is evident from record.
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10 April 2019 |
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Applicant failed to account for delay and to show arguable Rule 66(1) grounds; extension to apply for review dismissed with costs.
* Civil procedure – Extension of time – Requirement to show good cause under Rule 10 and arguable review grounds under Rule 66(1). * Delay – Distinction between 'technical' delay (pursuit of earlier proceedings) and 'real' delay; must account for each day. * Evidence – Expungement of unpleaded exhibits (P2–P8). * Review – Applicant must particularize which Rule 66(1) ground is relied upon.
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10 April 2019 |