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Citation
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Judgment date
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| December 2012 |
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Applicant failed to show sufficient cause for a ten‑month delay; extension of time refused and application dismissed with costs.
Civil procedure – extension of time – applicant must show sufficient cause to extend statutory 30‑day period to apply to set aside dismissal; delay of ten months unexplained – lack of notice and uncooperative advocate insufficient; duty on litigant to follow up prosecution of application.
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18 December 2012 |
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Failure to assess defence, admit retracted confession without inquiry, and improperly admit hearsay rendered the conviction unsafe.
Criminal procedure – requirement to consider and give reasons for rejecting defence (s.312 CPA); cautioned/confessional statements – voluntariness must be proved, inquiry required where retracted; admissibility of third‑party statements under s.34B Evidence Act – statutory conditions are cumulative and must be complied with; conviction unsafe where based on procedurally irregular and doubtful evidence.
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18 December 2012 |
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Construction on disputed land during a pending appeal warrants a stay of execution to prevent prejudice to the applicant.
* Land law – stay of execution – Whether construction on disputed land during pendency of appeal warrants restraint to prevent irreversible prejudice. * Civil Procedure – Order XXXIX Rule 5 CPC – preservation of subject matter pending appeal; extension of ex-parte interim stay to inter partes proceeding. * Interim relief – requirements: absence of unreasonable delay and risk of substantial loss.
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18 December 2012 |
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Court dismissed challenge to foreign arbitral award; appeal award validly signed and within arbitration scope.
Arbitration law – foreign arbitral award – enforceability – signature and form of appeal awards (Bylaw 346) – scope of arbitration – review limited to statutory grounds under section 30 – finality of arbitral awards.
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14 December 2012 |
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A bill of costs must be filed within 60 days; late filings without leave are incompetent and will be quashed.
Civil procedure – Bill of costs – limitation period – Item 21 Part III First Schedule to the Law of Limitation Act – 60 days; Filing out of time — need for leave/extension; Section 3 Law of Limitation Act — late applications liable to be dismissed; Review/quash of Taxing Officer's decision where application time-barred.
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14 December 2012 |
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An unappealed criminal conviction under Evidence Act s.43A conclusively established negligence; court awarded Tshs 75,000,000/= general damages.
* Evidence Act s.43A – Final criminal conviction taken as conclusive evidence in related civil proceedings. * Tort — Negligence — Death by dangerous driving — Criminal conviction used to establish civil liability. * Assessment of damages for loss of breadwinner — requirement for particulars and reasonable quantification. * Civil procedure — substituted service and ex parte hearing where defendant not personally served.
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14 December 2012 |
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Bank must return title held as security; plaintiff's specific damages unproven but awarded general damages and costs.
* Commercial law – Loan facility – terms and securities – interpretation and enforcement of Facility Letter.
* Contract and evidentiary law – burden and balance of probabilities in proving presentation and return of securities.
* Remedies – order for return of title, general damages, interest and costs; failure to prove special damages.
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14 December 2012 |
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Contempt conviction quashed for procedural unfairness; robbery conviction upheld due to possession of stolen cattle and accused's silence.
Criminal procedure – contempt of court – duty to frame charge, call accused to show cause and record reply; visual identification – night-time identification contested; possession of recently stolen property as evidence of robbery; failure to cross-examine treated as acceptance/admission of witness evidence; prosecution not obliged to call defence-requested witnesses (village leader).
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14 December 2012 |
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A misdescription of a council officer was cured; the deed of guarantee is not compulsorily registrable and execution issues are factual.
* Civil procedure – preliminary objections – misdescription of a party – Court may correct misnomer under Order 1 r.10(2) and inherent powers. * Public bodies – distinction between a District Council and its Executive Director; misnaming can be cured when pleadings and annexures disclose the real defendant. * Registration of documents – deed of guarantee is security and not a compulsory registrable 'acknowledgement of receipt/payment' under s.8(1) Registration of Documents Act. * Execution/authentication of local authority documents – authority to sign and existence of council resolution and seal are factual issues not amenable to disposal on preliminary objection (Mukisa test). * Failure to prosecute preliminary objection – non‑submission equates to failure to appear; objection dismissed.
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14 December 2012 |
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Court struck erroneous title of Executive Director from plaint, held guarantee need not be registered and factual execution issues require evidence.
Civil procedure – preliminary objections – whether plaint discloses cause of action – misdescription of party – striking out erroneous party title; Registration of Documents Act – whether a deed of guarantee is compulsorily registrable – guarantee as security/suretyship not acknowledgement of consideration; factual issues of authorization and seal are not pure points of law and cannot be decided on preliminary objection.
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14 December 2012 |
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An appeal accompanied by a drawn order that does not reflect the ruling is incompetent and is struck out.
Civil procedure — Drawn order must reflect the ruling — Defective drawn order accompanying memorandum of appeal renders appeal incompetent; appeal struck out. Procedural law — Order XL r.2 & Order XXXIX r.1(1) CPC — requirement of drawn order. Appellate jurisdiction — First appellate court cannot amend clerical errors in drawn orders (power belongs to trial court).
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14 December 2012 |
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A respondent must challenge an arbitral award’s registration by petition under the Arbitration Act, not by affidavit under the Civil Procedure Code.
* Arbitration law – Filing and registration of arbitral awards – Distinction between presentation for filing and registration as court decree – Procedure under Arbitration Act and Arbitration Rules (Rules 5,7,8,10) mandatory. * Civil Procedure Code – Second Schedule (Rules 14,15,20,21) not a substitute for Arbitration Act procedure; affidavit improperly used. * Remedy – Affidavit filed in wrong procedure struck out; award registered as decree. * Grounds to set aside – Section 16 (misconduct/improper procurement); merits not reached due to procedural defect.
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14 December 2012 |
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Plaintiff failed to prove existence of a sale contract or valid settlement agreement; claim dismissed for lack of evidence.
Sale of goods — requirement of written contract for goods valued over prescribed amount (s.6(1) Sale of Goods Act) — Evidence — burden on balance of probabilities — disputed signature/authority — corporate identity and director/shareholder status (BRELA search) — inadmissibility/insufficiency of invoices not tendered — Law of Contract Act s.10.
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14 December 2012 |
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Claim for unpaid goods dismissed for failure to prove a binding written contract and supporting evidence.
Contract formation – requirement of offer, acceptance and written proof under Sale of Goods Act s6(1); evidential burden and balance of probabilities; authority of directors and agency; admissibility/weight of settlement agreement where authorship and authority are denied; failure to tender invoices/delivery notes.
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14 December 2012 |
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Whether citizenship and immigration laws unlawfully discriminate by gender in spousal residency and naturalization rights.
Constitutional law – Citizenship and immigration – Spousal naturalization and residence permits – Whether statutory scheme discriminates by gender – Dependant’s Pass vs. residence permits – International instruments do not dictate national naturalization procedures.
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13 December 2012 |
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Plaintiff lawfully repossessed and sold leased vehicles; defendants jointly and severally liable for TZS 108,524,176.87.
Commercial leasing — repossession and sale of leased assets — compliance with Financial Leasing Act ss.13–14; tax invoice/VAT entitlement — obligation to issue only if lessee eligible and requests; guarantor liability — continuing personal guarantee creates joint and several liability; assessment of outstanding indebtedness after set-off of sale proceeds.
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13 December 2012 |
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A magistrate may not vary a Minister’s reinstatement order during execution; employer must first refer to the Minister before compensation is ordered.
* Employment law – enforcement of Minister’s orders – execution of reinstatement orders – subordinate court lacks power to vary Minister’s decision during execution. * Security of Employment Act (ss. 41–44; s. 42(5)(b)) – employer’s duty to refer to Minister before statutory compensation. * Procedure – execution proceedings required to enforce Minister/Board decisions; chamber summons inappropriate for reinstatement enforcement.
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12 December 2012 |
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Reported
Failure of prosecution to prove dual citizenship or requisite falsity/causal intent led to quashing of convictions and sentences.
Immigration law – citizenship evidence – dual citizenship and renunciation – burden of proof under Immigration Act and Citizenship Act; offence of making false statement to obtain passport – requirement of maker's knowledge and causal effect on official act; sufficiency of birth certificate and parental testimony as proof of citizenship.
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12 December 2012 |
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Appeal allowed; convictions quashed where prosecution failed to rebut birth certificate and maternal evidence of Tanzanian citizenship.
Citizenship law – dual citizenship and cessation (s.7(1) Citizenship Act); Burden of proof – general criminal burden vs. s.30 Immigration Act; Evidence – birth certificate and parental testimony as proof of citizenship; False statement offence – maker, mens rea and causal effect on immigration action (see Bihigomondo).
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12 December 2012 |
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Convictions quashed where prosecution failed to disprove appellant's Tanzanian citizenship and failed to prove the passport offence.
* Immigration/Citizenship law – proof of citizenship – section 7(1) Citizenship Act – cessation of citizenship requires proven dual citizenship.
* Immigration law – burden of proof – section 30 Immigration Act places burden of proving Tanzanian citizenship on claimant, who may discharge it by birth certificate and credible testimony.
* Criminal law – false statement to obtain passport – requirement that accused made the statement and possessed requisite knowledge that officer would act detrimentally (per John Straton Bihigomondo v R).
* Evidence – academic records and schooling abroad insufficient to prove foreign citizenship where birth certificate and sworn maternal evidence exist.
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12 December 2012 |
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Kenyan High Court judgments are governed by Cap 7 (extension), not Cap 8 registration; an existing stay bars enforcement.
Foreign judgments — Recognition and enforcement — Distinction between Judgments Extension Act (Cap 7) and Reciprocal Enforcement of Foreign Judgments Act (Cap 8); Kenyan High Court judgments governed by Cap 7; Cap 7 and Cap 8 procedures incompatible for joint use; effect of foreign stay order on local enforcement.
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12 December 2012 |
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Court taxed costs: instruction fee reduced, preparation costs disallowed, VAT refused; total taxed Tshs. 15,212,000.
Costs – Taxation of bill of costs; instruction fee reduced to statutory/appropriate percentage; attendance costs limited where proceedings largely by written submissions; preparation costs disallowed as duplicative of instruction fee; disbursements taxed only if evidenced; VAT on advocates’ fees not taxable.
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11 December 2012 |
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Appeal allowed: divorce petition was incompetent without conciliatory-board certificate and witnesses’ evidence was unsworn.
* Family law – Divorce – Mandatory referral of matrimonial difficulty to Marriage Conciliatory Board – Certificate required (Law of Marriage Act ss101,106(2)). * Family law – Exceptions to referral – section 101(a)–(f) inapplicable where not demonstrated. * Evidence – Witnesses must swear or affirm (Oaths and Statutory Declarations Act s4(a)); unsworn testimony inadmissible. * Procedural irregularity – Failure to comply with statutory prerequisites vitiates trial judgment and orders.
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11 December 2012 |
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Application for review filed within 30 days; appeal dismissed for want of prosecution should be challenged by re-admission, not review.
- Civil Procedure – Review — applicability of Order XLII (form of review) and requirement to annex copy of judgment/ruling; limitation period (30 days) applies to review applications; time runs from receipt of copy and time spent obtaining copy is excluded (s.19(1), Cap 89).
- Civil Procedure – Appeal dismissed for want of prosecution under Order XXXIX Rule 17(1) — proper remedy generally is application for re-admission under Order XXXIX Rule 19, not review.
- Review grounds — limited to error on face of record, fraud, denial of hearing, or newly discovered evidence; erroneous obiter dicta or points proper for appeal are not grounds for review.
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11 December 2012 |
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Concubinage does not create matrimonial property; absent proven contribution, registered owner’s sale valid and tribunal had jurisdiction.
Land law — jurisdiction of Land and Housing Tribunal — distinction between matrimonial property and property arising from concubinage; proof of joint ownership requires evidence of contribution; registered owner’s sale passes good title.
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11 December 2012 |
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Court refused extension to file a counter-affidavit and granted an interim injunction restraining disposal of the disputed property.
Civil procedure – application for interlocutory injunction – failure to file counter-affidavit – refusal of extension of time where excuse is implausible – interim restraint on disposition of disputed property pending main suit.
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10 December 2012 |
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A pending probate administration does not automatically stay a separate land suit unless it involves the identical subject matter.
* Civil procedure – Stay of proceedings – Sub judice doctrine – Stay appropriate only where another pending arbitration or suit between same parties involves identical subject matter. * Land law – Proper forum – Distinction between probate proceedings concerning estate administration and separate land disputes. * Probate – Pending probate causes do not automatically stay unrelated civil actions.
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10 December 2012 |
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Court held claim not time‑barred: right of action accrues when interference with possession began; plaint determines cause of action.
Limitation of actions – right of action accrues when cause of action arises (s.5 Law of Limitation Act) – cause of action determined from the plaint – preliminary objection on limitation overruled where suit filed within prescribed period after interference with possession.
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10 December 2012 |
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Insufficient identification and lack of medical evidence defeat proof of grievous harm; conviction quashed.
Criminal law – identification evidence – single witness caution; requirement for corroboration; proof of grievous harm – need for medical report/witness; delay in arrest affecting reliability of identification; standard: beyond reasonable doubt.
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10 December 2012 |
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Marriage irreparably broken; joint matrimonial assets divided, former separate home declared matrimonial and awarded to applicant to redress economic disadvantage.
Divorce—irretrievable breakdown—constructive desertion and separation over three years under section 107(2) LMA; Matrimonial property—definition and characterization where registration is in one spouse’s name; Substantial improvements by the other spouse can render separate property matrimonial under section 114(3) LMA; Division of matrimonial assets—equal division where contributions are unascertainable; Compensation for lost economic opportunities on divorce.
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7 December 2012 |
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Court granted 30‑day extension to file bill of costs, applying a liberal construction of "sufficient cause" for a lay applicant.
Civil procedure — Extension of time to file bill of costs — "Sufficient cause" to be construed liberally for lay litigants — Procedural technicalities should not defeat substantial justice — Misadvice/directions from court officials considered in discretion.
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7 December 2012 |
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A liberal construction of "sufficient cause" may allow extension where a lay applicant's reliance on court advice and diligence excuse delay.
Civil procedure – extension of time – "sufficient cause" – liberal construction where applicant is a layperson – reliance on court official's advice – procedural technicalities versus substantial justice.
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7 December 2012 |
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A delivery note substantially matching its photocopy is admissible as secondary evidence under section 67; objection dismissed.
Evidence — Secondary evidence — Admissibility of a document under section 67 Law of Evidence Act (Cap 6 R.E. 2002) — Photocopy discrepancies from transfer/faint printing not material where serial number and substantive content correspond — Right to cross-examine preserved.
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7 December 2012 |
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Applicant’s later tenancy claim barred by res judicata; earlier tribunal had finally adjudicated lease-related rights.
* Civil procedure – res judicata – section 9 CPC – later suit barred where matter was directly and substantially in issue and finally decided in earlier proceeding between same parties.
* Land law / Tenancy – lease terms and expiry – renewal not automatic; prior tribunal order on lease and recovery of development costs determines subsequent claims.
* Remedies – declaratory relief and damages – cannot be used to relitigate issues already adjudicated; advertisement before lease expiry did not create new cause of action.
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6 December 2012 |
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Objections based on disputed bill-of-lading terms (jurisdiction/limitation) require trial evidence; disclosed agent defendant struck out.
* Civil procedure – preliminary objections – objection based on bill of lading terms which are disputed facts cannot be decided summarily and require trial evidence.
* Maritime law – bill of lading – choice of law/jurisdiction clauses and contractual limitation clauses may be enforceable but their applicability depends on proof of the specific document.
* Limitation – contractual and Hague Rules limitations raise factual issues as to applicability and thus are not pure law for preliminary disposal.
* Agency – suit against a disclosed agent may be struck out if the agent is not the proper party.
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5 December 2012 |
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Applicant failed to show sufficient cause to enlarge time to file notice of appeal and initial appeal under section 361.
* Criminal procedure – extension of time under section 361 – notice of appeal distinct from petition (appeal) – loss or late supply of record may justify extension for petition but not for notice – requirement to show sufficient cause.
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5 December 2012 |
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Revision against interlocutory ruling is incompetent; jurisdiction and capacity objections must await appeal.
Civil procedure — Revision — Interlocutory/preliminary rulings — Section 43(2) Magistrates Courts Act — Incompetence of revision against non-final district court orders; Jurisdictional and legal-capacity objections against executive agency — remedy by appeal; Government Proceedings Act — 90-day notice and limitation issues to be determined on merits or appeal.
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4 December 2012 |
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An appeal filed within 60 days from certification of judgment and decree is not time-barred; objection overruled.
Limitation of actions – computation of appeal period – exclusion of time spent obtaining certified copies under s.19 Law of Limitation Act; Appeals – requirement of certified judgment and decree before filing appeal; Procedural objection – time-barred appeal – objection overruled where petition filed within 60 days from certification.
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4 December 2012 |
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Revision dismissed: interlocutory overruling of preliminary objections is not revisable under Section 43(2) MCA.
Civil procedure – interlocutory/preliminary orders – Section 43(2) Magistrates Courts' Act bars appeal/revision of interlocutory decisions unless they finally determine the suit; revision incompetent where no error on face of record; jurisdictional and legal‑capacity objections to be determined at trial or on appeal.
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4 December 2012 |
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The High Court held the applicant's revision of an interlocutory District Court ruling is incompetent and must await final determination.
* Civil procedure – Revision and appeal – Section 43(2) Magistrates' Courts Act – interlocutory/preliminary decisions not subject to revision or appeal unless they finally determine the suit.
* Administrative/agency law – Legal capacity of executive agency (TANROADS) to be sued on non-contractual matters; forum and proper party (Attorney General) issues to be determined on appeal.
* Error apparent on the face of the record – threshold for invoking High Court revisionary powers.
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4 December 2012 |
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A company director lacks capacity to sue personally for wrongs to the company; suit struck out and costs awarded.
* Company law – separate legal personality – Salomon v Salomon – a company is a distinct legal person; directors/members cannot sue in personal capacity for company rights. * Locus standi – capacity to sue – director lacks standing to enforce company's rights. * Cause of action – essentials (right, violation, liability) per Auto Garage v Motokov – existence of cause of action can be established even if prospect of success is uncertain.
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3 December 2012 |
| November 2012 |
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Plaintiff awarded reconciled media-fee; defendant's “without prejudice” payment offer held binding; interest and costs awarded.
* Contract law – enforceability of reconciled payment offer – "without prejudice" letter held binding as agreement on amount due.* Evidence – email and correspondence admissible to establish performance and agreement.* Remedies – award of principal, commercial interest from filing, decretal interest from judgment, and costs.
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30 November 2012 |
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Affidavit relying on unnamed third‑party information is hearsay, incurably defective and cannot support injunctive relief.
* Civil procedure – supporting affidavit – facts must be within deponent’s knowledge – where facts based on information from another, that person should depose (Order XIX Rule 3 C.P.C.).
* Evidence – hearsay in affidavits – unauthorised third‑party information in an affidavit is inadmissible and lacks evidential value.
* Procedural remedy – incurable affidavit defects – preliminary objection upheld and application dismissed with costs.
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30 November 2012 |
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The High Court quashed the RM's proceedings for failing to enforce the Minister's labour decision and for improperly treating compensation as validating termination.
Labour law – Enforcement of Minister for Labour's decision – Duty of magistrate to execute, not review, confirmed awards; Compensation under s.42(5) – statutory right does not validate unlawful termination or bar arrears claims; Execution procedure – assessment of damages and ordering accounting improper in execution context.
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30 November 2012 |
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An appeal against an ex parte tribunal decision is incompetent; the appellant must first apply to set aside the ex parte judgment.
* Civil procedure – Ex parte judgment – Proper remedy is to apply to the trial court to set aside an ex parte judgment before appealing.
* Land Disputes Courts Act – application of Civil Procedure Code to District Land and Housing Tribunal procedure.
* Appeal jurisdiction – High Court will not receive fresh evidence on appeal to decide grounds for setting aside ex parte judgments.
* Procedure – striking out late-filed defence and conducting ex parte hearing where defence filed without leave.
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30 November 2012 |
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30 November 2012 |
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The High Court granted extension of time and leave to appeal where disputed estate distribution among children from multiple marriages raised arguable points of law.
* Appellate procedure – extension of time – High Court’s jurisdiction under section 11(1) of the Appellate Jurisdiction Act to extend time for applying for leave to appeal.
* Civil procedure – extension of time – sufficiency of reasons for delay (late receipt of Ruling/Drawn Order).
* Probate – intestate succession – distribution among children from multiple marriages and legitimacy – whether issue raises point of law fit for Court of Appeal.
* Leave to appeal – requirement that intended appeal raises matter of general importance, novel point of law, or is prima facie/arguable.
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30 November 2012 |
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A sale of matrimonial land by one spouse without the other’s consent is voidable and here was declared null and unenforceable.
Land law – Matrimonial property – Disposition by one spouse – Assignee’s duty to inquire under Land Act ss.161(2),(3) and Law of Marriage Act s.59 – Sale without other spouse’s consent voidable/null.
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29 November 2012 |
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A sale of matrimonial land without the non‑owning spouse’s consent is voidable and unenforceable; purchaser must inquire under statute.
* Land law – disposition of land by one spouse – duty of assignee/transferee to inquire as to spousal consent (Land Act s.161(2)–(3)).
* Matrimonial property – spouse’s consent required for transfer/assignment even if title/licence is in one spouse’s name (Law of Marriage Act s.59).
* Disposition without required spousal consent is voidable/unenforceable at option of non-consenting spouse.
* Procedural: trial tribunal erred by upholding sale absent evidence of consent or statutory inquiry.
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29 November 2012 |
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29 November 2012 |