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Citation
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Judgment date
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| December 2022 |
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DLHT had jurisdiction and the alleged sale was not proved; appeal dismissed with costs.
Land disputes – jurisdiction of District Land and Housing Tribunal – pecuniary limits under LDCA; Evidence – primary (original) vs secondary (copy) evidence – section 66 and 67 Evidence Act; Proof of sale of land – burden on purchaser to prove transfer on balance of probabilities; Failure to call material witnesses – adverse effect on credibility and probative value; Registered land – necessity of transfer forms and original title for proof of change of ownership.
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22 December 2022 |
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Applicant failed to show good cause for extension; alleged illegality not apparent and prospects of success insufficient.
Extension of time – requirement to show good cause – alleged illegality must be apparent on the face of the record to constitute good cause – procedural missteps, wrong forum and relitigation do not justify extension – prospects of success alone insufficient.
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8 December 2022 |
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Applicant granted 30 days to apply for certificate on points of law; delay treated as technical and justified.
* Civil procedure – extension of time – application for certificate on point of law – rule 45A(1)(c) and rule 45A(3) Court of Appeal Rules – late supply of judgment and necessity to read judgment before formulating points of law – technical delay as good cause – functus officio argument rejected.
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8 December 2022 |
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Failure to deliver a reserved ruling on admissibility of crucial CCTV evidence nullified subsequent labour adjudications and required remittal.
* Labour law – termination dispute – reliance on electronic evidence (CCTV) – admissibility objection reserved but ruling not delivered – procedural fairness and right to reasons.
* Evidence – electronic/electronic transactions – competence to tender CCTV footage – importance of resolving admissibility by delivered ruling before proceeding.
* Civil procedure – failure to deliver reserved ruling – irregularity that may invalidate subsequent proceedings and awards.
* Appellate jurisdiction – exercise of revision powers to quash proceedings and remit record for proper determination.
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8 December 2022 |
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Extension refused because revision cannot challenge interlocutory High Court orders; application struck out with costs.
* Civil procedure – extension of time under Rule 10 – requirement to show "good cause".
* Appellate jurisdiction – section 5(2)(d) AJA – no revision lies against interlocutory or preliminary High Court orders which do not finally determine the suit.
* Futility principle – court will not grant extension for a remedy that is legally unavailable.
* Alleged illegality and delay – illegality must be apparent and not render the application for revision a prohibited challenge to interlocutory orders.
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8 December 2022 |
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Court of Appeal struck out extension application for failing to obtain a prior High Court refusal as required by the rules.
Court of Appeal Rules — procedural prerequisite for extension of time applications — requirement of prior High Court refusal ('first bite') — failure to comply renders application premature and incompetent; sua sponte striking out; costs waived.
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8 December 2022 |
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Applicant failed to show good cause for an extension of time because the period of delay was not adequately accounted for.
* Civil procedure – Extension of time – Second-bite application under Rule 45A – need to account for all days of delay; delay runs from date of High Court refusal unless excluded by Registrar's certificate under Rule 45A(2).
* Principles for good cause – application must account for period of delay, show absence of inordinate delay and demonstrate diligence (Tanga Cement; Lyamuya).
* Waiting for prosecution of first-bite application does not, by itself, justify delay in filing second-bite application.
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8 December 2022 |
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Applicant failed to show good cause for extension; alleged illegality not apparent and alternative remedies available.
Civil procedure — extension of time under Rule 10 — "good cause" — allegation of illegality must be apparent on the face of the record; alternative remedies (objection to sale, setting aside sale) may render revision inappropriate.
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8 December 2022 |
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Personal representatives permitted in Labour Court; denying representation and hearing renders decision a nullity.
Labour law – Representation before Labour Court – Section 56 LIA permits a party's personal representative (non-advocate) to appear; Advocate Act cannot restrict that right; Civil procedure – suo motu intervention and right to be heard – Judge must afford parties opportunity to address merits after raising representation issue; failure to do so renders decision a nullity.
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8 December 2022 |
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Extension refused where alleged illegality was not apparent on the record and a 33-month delay remained unexplained.
Extension of time — requirement to account for each day of delay; illegality as ground for extension — must be apparent on the face of the record; inordinate delay and inadequate medical evidence — refusal of extension; reliance on Lyamuya and Ngao authorities.
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8 December 2022 |
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A second bite extension application filed well beyond Rule 45A(1)(c)'s 14-day limit is time-barred and must be struck out.
* Civil procedure – extension of time – second bite application under Rule 45A(1)(c) – fourteen days limitation – non-compliance renders application time-barred and affects jurisdiction; consequence is striking out, not dismissal. * Court’s duty to enforce mandatory procedural rules even where application is unopposed.
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8 December 2022 |
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Extension of time granted to serve review application; avoiding service via registered mobile may be treated as service.
Extension of time – Rule 10 Court of Appeal Rules – Good cause assessed by Lyamuya factors – Service of process by telephone/mobile – Rebuttable presumption of service where party avoids service via mobile number registered under BVR.
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8 December 2022 |
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Extension of time granted where appeal was prosecuted and determined at the instance of a deceased respondent, amounting to prima facie illegality.
Civil procedure – extension of time to apply for review; illegality as sufficient cause – appeal prosecuted and determined at instance of a deceased person; denial of right to be heard (lack of service); requirement that illegality be apparent on face of record; Court’s inherent powers to proceed ex parte and depart from abatement rule where administrator fails to comply with joinder order (rule 4(2) and rule 53(4)); reliance on Principal Secretary v Devram Vallambhia.
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8 December 2022 |
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Applicant failed to prove good cause for extension; illegality and sickness were not sufficiently demonstrated, application dismissed with costs.
Extension of time — "good cause" required; illegality apparent on face of record may constitute good cause; applicant must prove dates and facts by affidavit; sickness can be good cause but must account for entire delay; dismissal of time-barred revision appropriate.
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8 December 2022 |
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Applicant granted extension for appeal due to excusable technical delay and registry filing irregularities.
Extension of time – Rules 10 and 45A(1)(a) – Good cause assessed by length and reason for delay, prospects and prejudice – Excusable technical delay where earlier appeal prosecuted then struck out – Registry/filing irregularities and short preparation periods can justify delay – Affidavits: limited legal inferences tolerable if no injustice.
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7 December 2022 |
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Applicant failed to account for each day of delay; extension of time refused and costs awarded to respondent.
Civil procedure — Extension of time under rule 45A(1)(c) — Duty to account for each day of delay — Affidavit must state when judgment/copies were supplied — Virtual proceedings do not excuse failure to aver material facts.
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7 December 2022 |
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A referral presented on the wrong prescribed form must be refused under Rule 12, not determined on its merits.
Labour law – referral documents – Requirement to use prescribed form; Rule 12(1)–(3) Labour Rules – refusal to accept incompetent referral; condonation application – wrong/repealed form – commission must refuse not determine merits; appellate revision – quash and set aside prejudicial misdirection.
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6 December 2022 |
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High Court lacked jurisdiction to hear an ordinary civil challenge to the Inspector General of Police's final disciplinary decision.
* Constitutional/administrative law – jurisdiction – disciplinary decisions of police force – final disciplinary authority vested in Inspector General of Police; * Police disciplinary procedure – Regulation 18(3) GN.193/1998 – appeal to IGP final; * Civil procedure – jurisdiction must be established before addressing merits; * Remedy – recourse through special forum/judicial review, not ordinary civil suit.
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5 December 2022 |
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Employee on fixed-term contracts failed to prove an objective reasonable expectation of renewal; appeal dismissed.
Employment law – Fixed-term contracts – Failure to renew – Section 36(a)(iii) ELRA and rule 4 Code of Good Practice – "Reasonable expectation of renewal" requires objective proof (prior renewals, employer undertakings, conduct) – burden on employee – employer notice and terminal benefits negate expectation.
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5 December 2022 |
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A party must first apply to the issuing court to set aside an ex parte judgment before seeking revision or appeal.
Civil procedure – Ex parte judgments – Rule 30 remedy to set aside an ex parte decision – Exclusive jurisdiction of the court which pronounced the ex parte judgment – Revision vs setting aside – Jurisdictional limit; Matrimonial property – division pending dissolution – sections 114(1) and 58, Law of Marriage Act.
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2 December 2022 |
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The applicants, as non-owners, were not entitled to compensation; special damages require specific pleading and proof.
Land law – compensation – market valuation report inadmissible to benefit non-owners; Pleading – special damages must be specifically pleaded and strictly proved; Trespass – trespassers not ordinarily entitled to notice or compensation for forced eviction; General damages – must be direct, natural or probable consequences of wrongdoing; Equity – cannot be invoked where express law governs the matter.
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2 December 2022 |
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Conviction quashed where weak night-time identification and unexplained seven-month arrest delay rendered the prosecution case unsafe.
* Criminal law – Visual identification – identification at dawn/moonlight must be supported by particulars (source/intensity of light, proximity, duration). * Unexplained delay in arrest – may indicate lack of immediate identification and undermines prosecution case. * Duty to call investigator/arresting officer to explain delay. * Familiarity between witness and accused does not automatically cure poor identification conditions.
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2 December 2022 |
| August 2022 |
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Appeal dismissed: weak visual ID rejected, but confessions and fingerprint evidence upheld, sustaining murder convictions.
Criminal law – murder; reliability of visual identification at night; cautioned statements – voluntariness, timeliness under s.50 CPA and admissibility; trial‑within‑a‑trial procedure and assessors; fingerprint evidence – expert qualification and chain of custody; corroboration of confessions.
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9 August 2022 |
| July 2022 |
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Successor judge improperly re-opened decided preliminary objections; proceedings from his takeover quashed and matter remitted.
Civil procedure – succession of judges – Order XVIII Rule 15(1) CPC (recording reasons for taking over) – Order XIV Rule 2 CPC (trial of issues of law before issues of fact) – functus officio/res judicata – preliminary objections and limitation (Item 6, Schedule to the Law of Limitation Act) – framing issues and holistic trial management.
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20 July 2022 |
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A tribunal cannot decide a case on a document that was never tendered or admitted in evidence; retrial ordered.
* Evidence — admissibility of documents — a document not tendered and admitted in evidence cannot be relied upon and cannot form part of the record.
* Labour law — dismissal for alleged misconduct — procedural fairness — reliance on improperly admitted evidence vitiates decision.
* Civil procedure — miscarriage of justice — quashing proceedings and ordering retrial where key evidence was not admitted.
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20 July 2022 |
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Days spent awaiting a copy of judgment are excluded under limitation law; High Court erred dismissing the appeal without checking the record.
Limitation law – section 19(2) & (3) LLA – exclusion of period awaiting judgment/decree – automatic exclusion when request and supply dates are on record; Civil Procedure – Order XXXIX Rule 1 CPC – memorandum of appeal and accompanying judgment/decree; appellate duty – verify original trial record before dismissing for time bar.
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19 July 2022 |
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A land recovery suit filed after the 12‑year limit without pleading exemption is time‑barred and incompetent.
* Limitation law – recovery of land – Item 22, Part I Schedule to Law of Limitation Act – twelve‑year period from accrual of cause of action.
* Civil procedure – Order VII Rule 6 CPC – mandatory requirement to plead grounds for exemption when plaint is filed after limitation period.
* Limitation – negotiations or correspondence between parties do not suspend or stop limitation period.
* Appellate jurisdiction – Section 4(2) AJA – power to nullify proceedings where lower court lacked jurisdiction due to time‑barred claim.
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18 July 2022 |
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Appellant failed to prove ownership of land already surveyed, allocated and registered to respondent; appeal dismissed.
Land law – survey and allocation of land; registered title prevailing over subsequent unregistered sales; burden of proof in civil cases (s.110 Evidence Act); documentary evidence and parol evidence rule (s.100 Evidence Act); constructive notice of entries in Land Register (s.34 Land Registration Act); requirement to describe suit property in pleadings (Order 7 r.3 CPC).
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18 July 2022 |
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Appeal allowed: attackers were not identified as the appellant's employees and vicarious liability was not established.
* Evidence — identification of assailants — requirement that witnesses identify attackers to link them to employer.
* Vicarious liability — employer liability requires nexus and wrongful act in course of employment.
* Appellate review — second appeal will interfere where there is misapprehension of evidence or reliance on extraneous matter.
* Conduct after injury (humanitarian assistance) does not necessarily amount to admission of liability without express or documentary proof.
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18 July 2022 |
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Failure to tender the mandatory marriage conciliation certificate deprived the trial court of jurisdiction, nullifying subsequent judgments.
Law of Marriage Act ss.101,106(2) – mandatory referral to Marriage Conciliation Board and certificate requirement; annexures not evidence; jurisdictional competence in matrimonial causes; Evidence Act s.59 judicial notice not a substitute for tendering documents.
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18 July 2022 |
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Uncontradicted prisoner affidavit and transfers constituted good cause; High Court erred by predetermining the intended appeal.
* Criminal procedure — extension of time to appeal — discretionary power of High Court under s.361(2) CPA — principles governing grant of extension.
* Prisoners’ appeals — uncontradicted affidavit by prisoner re handing documents to prison officers and prison transfers — constitutes good cause for extension.
* Procedural impropriety — High Court must not determine merits of intended appeal when deciding extension of time.
* Prison officers’ inaction or negligence — cannot be held against imprisoned appellants in delay applications.
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18 July 2022 |
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Prosecution failed to prove stolen kerosene; improperly admitted exhibits expunged and forfeiture order quashed.
Criminal law – proof beyond reasonable doubt – receiving stolen property – admissibility of exhibits (must be read over in court) – material contradictions in prosecution evidence – variance between charge particulars and evidence (84,000 vs 36,000 litres) – failure to amend charge under section 34(1) CPA – forfeiture/order for return where property not tendered as exhibit – revisional powers to quash misplaced forfeiture.
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15 July 2022 |
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Conviction quashed where identification and procedural errors left prosecution case unsafe.
Criminal law — Rape — identification and circumstantial evidence — necessity to exclude every reasonable hypothesis of innocence; Evidence — child witness procedures and expungement; Procedure — improper tendering of documents by prosecutor; Criminal procedure — delay in arraignment and prejudice.
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15 July 2022 |
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Failure to administer oath to CMA witnesses vitiates proceedings, requiring rehearing de novo before a new arbitrator.
* Labour law – procedural fairness – requirement for witnesses at CMA to take oath or affirm (G.N. No. 67, Rules 19(2)(a) and 25(1)) – evidence given without oath has no evidential value – proceedings vitiated – award and subsequent High Court judgment set aside – matter remitted for rehearing de novo before another arbitrator.
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14 July 2022 |
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Court upheld conviction: cautioned statement admissible (conveyance time excluded) and confession corroborated by post‑mortem, appeal dismissed.
* Criminal procedure – admissibility of cautioned statement – timing under s.50(1)(a) and exclusion of conveyance time under s.50(2) CPA.
* Evidence – voluntariness and certification of police confessions – semantic defects vs. substantive compliance.
* Corroboration – confession corroborated by post‑mortem report demonstrating injuries consistent with the confession.
* Delay in arrest – investigation and tip‑off justify post‑offence arrest; delay does not necessarily imply fabrication.
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14 July 2022 |
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Lack of locus standi to sue in own name renders lower courts' proceedings on deceased's land null and void.
* Locus standi – jurisdictional requirement – litigant must show sufficient interest in subject matter to maintain suit; * Capacity to sue – actions relating to deceased’s estate must be brought by legal/personal representative; * Procedural irregularity – failure to consider locus standi renders proceedings a nullity; * Revision – non-party with interest may seek revision where rights affected.
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14 July 2022 |
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Evidence given without oath before the CMA vitiates proceedings; award and High Court decision quashed and remitted for retrial.
Labour law – Evidence — Mandatory oath or affirmation under CMA Rules and Oaths Act; failure to administer oath renders testimony inevidential and vitiates CMA proceedings; resultant award and High Court revision quashed; matter remitted for rehearing de novo; no costs in labour matters.
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14 July 2022 |
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Unexplained delay in arrest, omission to call investigator, and unsafe night identification led to quashing of conviction.
Criminal law – armed robbery – unexplained delay in arrest undermining prosecution case; failure to call investigating officer permits adverse inference; visual and voice identification at night must be proved with clear evidence of light intensity and familiarity before conferring reliability.
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14 July 2022 |
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Murder conviction quashed where lone eyewitness inconsistencies and prosecution omissions raised reasonable doubt.
Criminal law — Murder — Identification evidence — Reliance on lone eyewitness; contradictions and inconsistencies; failure to call material witnesses; adverse inference; unexplained delay in arrest — Conviction unsafe.
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12 July 2022 |
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Victim's recognition in daylight and corroboration upheld conviction despite PF3 reading irregularity and hospital delay.
* Criminal law – Sexual offences – Rape – Victim recognition versus visual identification; reliability where parties are neighbours and assault occurred in daylight.
* Evidence – Admissibility of PF3 – requirement that documentary exhibits be read aloud to the accused; failure renders exhibit expunged.
* Evidence – Standard of proof – prosecution must establish guilt beyond reasonable doubt; minor inconsistencies or delay to hospital not necessarily fatal.
* Procedure – Appellate review – re-evaluation of evidence and credibility of witnesses.
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12 July 2022 |
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Trial court’s failure to hold a trial-within-trial rendered a key confession inadmissible; evidence was insufficient, convictions quashed.
Criminal law – admissibility of cautioned statements – voluntariness objection requires trial-within-trial; failure to object at trial waives challenge on appeal – visual identification standards – insufficiency of evidence to prove guilt beyond reasonable doubt.
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12 July 2022 |
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Failure to read an admitted PF3 prejudices the applicant, but conviction upheld on credible corroborated evidence.
Criminal law – rape – proof beyond reasonable doubt – admissibility and reading of documentary exhibits (PF3) – expungement where contents not read to accused; trials for sexual offences – requirement to hold proceedings in camera and effect of non-compliance; evidence of child witnesses – voir dire and oath/affirmation after statutory amendment; legal aid – duty to apply and effect on fair trial.
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12 July 2022 |
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Conviction quashed where visual ID and parade were unreliable and statements/exhibits admitted with procedural irregularities.
* Criminal law — Visual identification — Requirements under Waziri Amani — need for description of light intensity and observation conditions.
* Criminal procedure — Identification parade — prior description to police essential for crediting parade evidence.
* Evidence — Cautioned statement — inquiry into voluntariness required before admission.
* Evidence — Documentary exhibits — mandatory reading out to accused after admission; failure is fatal.
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12 July 2022 |
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Failure to consider mitigating factors rendered a 20-year manslaughter sentence excessive; appeal allowed and sentence set aside.
Criminal law — Manslaughter sentencing — Section 198 provides maximum penalty (life), discretionary sentencing required — Failure to consider mitigating factors renders sentence excessive — Appellate interference warranted where sentencing judge overlooks material factors.
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11 July 2022 |
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High Court's summary dismissal without notice violated the appellant's right to be heard and was quashed; matter remitted for rehearing.
* Criminal procedure – appeal – duty to give notice of time and place of hearing – provisions of Criminal Procedure Act (secs. 363, 365, 366(2)).
* Constitutional right to be heard – Article 13(6)(a) – violation renders decision a nullity.
* Remedy – quash and set aside High Court order; remit for rehearing before another judge.
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11 July 2022 |
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Non-compliance with s192(3) CPA vitiates only the preliminary hearing, not a fully conducted trial absent prejudice.
Criminal procedure – Preliminary hearing – Section 192(3) CPA – memorandum of agreed facts must be read, explained and signed – non-compliance vitiates preliminary hearing only, not a fully conducted trial absent prejudice – High Court’s nullification of entire trial proceedings was misdirected.
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11 July 2022 |
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Appellants' post-arrest cautioned statements expunged, but voluntary confessions remained cogent and appeal was dismissed.
* Criminal law – Admissibility of confessions – cautioned statements improperly admitted must be expunged. * Criminal procedure – Failure to object at trial — appellate courts will not entertain new objections to admissibility raised for first time on appeal. * Evidence – Extra-judicial confessions describing planning and roles may constitute cogent circumstantial evidence proving murder beyond reasonable doubt. * Circumstantial evidence – must satisfy cogency, definite tendency and form an unbroken chain pointing to accused's guilt.
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11 July 2022 |
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Appellant’s conviction upheld based on reliable recognition at night; appeal dismissed.
Criminal law – visual identification and recognition; night-time identification – factors (light, duration, distance, prior acquaintance); credibility of related witnesses; effect of minor inconsistencies; delay in arrest attributed to accused’s flight.
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11 July 2022 |
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Court quashed murder convictions due to unreliable visual identification and improperly admitted cautioned statement, ordering release.
* Criminal law – Evidence – Visual identification – night identification by torch; requirements under Waziri Amani and need to explain intensity and area illuminated.
* Criminal procedure – Admissibility of cautioned statements – trial‑within‑a‑trial, voluntariness and requirement to give reasons before admission.
* Evidence – Failure to call key investigating officer – adverse inference may be drawn against the prosecution.
* Sufficiency of evidence – proof beyond reasonable doubt required; unreliable identification and improperly admitted statement vitiate conviction.
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8 July 2022 |
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Visual identification by familiar, consistent witnesses under lantern light upheld the murder conviction.
* Criminal law – visual identification – evidence must eliminate possibility of mistaken identity; assess time of observation, distance, lighting and prior acquaintance.
* Eyewitness credibility – relatives as witnesses – consistency, early identification and unshaken testimony can render evidence reliable.
* Appeal – re-evaluation of coherence and consistency of witness testimony is within appellate competence.
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8 July 2022 |