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Citation
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Judgment date
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| August 2013 |
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Whether conviction rested on weak circumstantial evidence and improperly admitted exhibits, undermining the appellants’ right to a fair trial.
Criminal law – cattle theft – requirement that conviction be based on proof beyond reasonable doubt, not mere suspicion or weak circumstantial evidence. Evidence – admissibility of exhibits and the importance of compliance with preliminary hearing procedures when listing witnesses and exhibits. Fair trial – obligation of trial court to consider defence evidence (including alibi) before convicting.
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30 August 2013 |
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Conviction based on weak circumstantial evidence and improperly admitted exhibits quashed; prosecution failed to prove guilt beyond reasonable doubt.
Criminal law — Theft — Circumstantial evidence — Conviction must be proved beyond reasonable doubt; suspicion insufficient — Admissibility of photographs and inventory requires proper foundation — Preliminary hearing irregularities and non-production of cautioned statement affect evidential weight.
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30 August 2013 |
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Incurable jurat defects (missing name/place/date) invalidate affidavits and the applications they support; court may raise this sua sponte.
Civil procedure – Affidavit formalities – Jurat must state name, place and date of attesting notary/commissioner – omission renders affidavit incurably defective. Statutory interpretation – "shall" connotes mandatory duty under Interpretation of Laws Act. Procedure – Court may raise points of law suo motu; incurable jurat defects invalidate supporting applications.
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30 August 2013 |
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Appeal allowed; court appointed the deceased's wife and sister jointly as co-administratrices to resolve competing probate proceedings.
Probate and administration – validity of appointment of administratrix – attendance at family meeting and proof of assent – competing probate proceedings – equitable appointment of co-administratrices to avoid delay and expense.
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30 August 2013 |
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High Court held District Court lacked jurisdiction to grant bail for high‑value trophy offences and granted bail with statutory conditions.
Criminal procedure – Bail – Jurisdiction under section 29(4) Economic and Organized Crime Control Act where property value is ≥ TShs.10,000,000 – High Court’s exclusive pre-trial bail jurisdiction. Abuse of process – Re-arrest within court precincts and cancellation of bail – improper interference with administration of justice. Bail conditions – statutory cash deposit equal to half the value and bonds under section 36(5)(a) and section 148(5)(e).
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30 August 2013 |
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High Court grants bail where property value exceeds statutory threshold, censures police/prosecution and imposes strict deposit and surety conditions.
Criminal procedure – Bail – Jurisdiction to grant bail where value of property involved is TShs 10,000,000 or more vests in the High Court (EOC Act s.29(4)(d)). Cancellation of bail – Police re-arrest within court precincts and prosecutorial conduct – unlawful interference with administration of justice. Bail conditions – cash deposit equal to half value and bonds/sureties where property value meets statutory threshold (EOC Act s.36). Judicial administration – reassignment of trial to different magistrate where prior conduct undermines fairness.
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30 August 2013 |
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Applicants' bail was cancelled in controversial circumstances raising jurisdictional and procedural issues under EOCCA and the CPA.
Criminal procedure – Bail – Cancellation and re-arrest of accused within court premises – Alleged improper interference by police and prosecution – Right to bail under Criminal Procedure Act and Economic and Organized Crime Control Act. Jurisdiction – Whether trial court may grant or cancel bail in cases under EOCCA absent Director of Public Prosecution's consent (Section 29 EOCCA). Administration of justice – Police and State Attorney conduct potentially undermining judicial independence.
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30 August 2013 |
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Appellant failed to overturn concurrent tribunal findings that respondent legally purchased the disputed land; appeal dismissed.
Land law – ownership dispute – weight and credibility of sale agreement and official change-of-ownership letter; concurrent tribunal findings – appellate interference only if perverse or unsupported by evidence.
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30 August 2013 |
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Conviction quashed where child’s unreliable testimony, inadmissible cautioned statements, and failure to ascertain age undermined the prosecution.
Criminal law – Rape – Sufficiency of evidence – Child-victim temperamental evidence – reliability and requirement for testing by cross-examination. Evidence – Cautioned/confessional statements – inadmissible/evidentially worthless if not read over in court for accused to challenge. Sentencing – Duty to ascertain and prove accused’s age where statutory provisions prescribe lesser sentences for those aged eighteen or under.
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30 August 2013 |
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Conviction quashed where child’s evidence was unreliable, cautioned statements improperly used, and accused’s age was not established.
Criminal law – Rape – Sufficiency of evidence; Child witness competency and reliability – voir dire, unsworn testimony, untested evidence; Cautioned statements – requirement to read over in court and give accused opportunity to challenge; Sentencing – duty to ascertain and prove accused’s age where statutory mitigation for persons ≤18 applies.
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30 August 2013 |
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Wrong statutory citation rendered the application incompetent; Ports Authority may sue and be sued without leave.
Civil procedure — Competency of application — Wrong citation of statutory provision renders application incompetent; Ports Authority — Capacity to sue and be sued under Ports Act s.4(1); Leave/joinder unnecessary; Late objection to amended affidavit.
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30 August 2013 |
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Appeal dismissed where it was filed about 52 days after decision, exceeding the 45-day statutory appeal period.
Family law – Law of Marriage Act s.80(2) – time for appeal to High Court – 45 days from date of decision, not from service of copy. Procedural law – Law of Marriage (Matrimonial Proceedings) Rules r.37(1) – appeals commenced by memorandum filed in subordinate court. Appeal dismissed for being filed out of time.
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30 August 2013 |
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Redeployment Committee could represent union branches; unexplained revisional reversal quashed and single-judge award restored.
Employment law – redundancy – Redeployment Committee’s authority under Voluntary Agreement and Security of Employment Act to represent union field branches; Procedural fairness in retrenchment – requirement for consultation and labour officer approval; Appellate review – necessity of reasons when reversing trial awards.
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30 August 2013 |
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Insanity cannot be raised for the first time on appeal absent trial indications; inadequate factual basis for guilty plea led to quashing of conviction.
Criminal law – guilty plea – adequacy of factual basis for plea; Criminal Procedure Act s.220(1) – inquiry into insanity – requirement of grounds during trial; Appeal – raising insanity for first time on appeal.
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29 August 2013 |
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Failure to name the attesting officer in an affidavit jurat renders the applicant's proceeding incompetent and struck out.
Affidavit — Jurat of attestation — mandatory requirement to state when, where and the name/authority before whom oath was administered; omission is incurably defective. Rubber stamp (e.g., State Attorney) — not part of the jurat — cannot substitute for attesting officer's name. Preliminary objection on formality — substantive point of law supporting striking out an incompetent application.
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29 August 2013 |
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Omission of the attesting officer's name in the jurat renders the affidavit incurably defective; application struck out with costs.
Evidence/Affidavits – Jurat requirements – omission of name, place or date in jurat renders affidavit incurably defective; rubber stamp cannot substitute for attesting officer's name – preliminary objection on jurat defect not merely technical.
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29 August 2013 |
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The appellant’s failure to meet court-ordered filing deadlines rendered the appeal time-barred and it was struck out.
Criminal procedure — appeal out of time — court-ordered filing deadlines — Notice of intention to appeal and petition of appeal — adequacy of explanation for delay — preliminary objection upheld; appeal struck out.
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29 August 2013 |
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Child complainant’s evidence improperly received without proper voir dire; conviction quashed for insufficient admissible evidence.
Evidence — Child witness — section 127(2) Evidence Act — voir dire must establish understanding of oath and duty to speak truth before receiving a child’s evidence. Evidence — Improper reception of child’s evidence leads to expungement. Evidence — Hearsay — where complainant’s primary evidence is expunged, remaining hearsay evidence is insufficient to sustain conviction. Criminal law — burden to prove guilt beyond reasonable doubt — conviction quashed where admissible evidence is insufficient.
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28 August 2013 |
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Application struck out for invoking supervisory (s.30 MCA) instead of revisional jurisdiction; no costs ordered.
Civil procedure – jurisdiction – supervisory (administrative) powers vs. revisional jurisdiction under the Magistrates' Courts Act; s.30(1)(a) and (b)(i) MCA confers supervisory, not revisional, powers; Revisional jurisdiction over Primary Court-originated matters: s.31 MCA; Revisional jurisdiction over District/Resident Magistrates' original jurisdiction: s.44(1)(b) MCA; Wrong/enabling provision cited renders application incompetent – strike out; Leave to re-file may be refused where procedural prejudice is likely.
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27 August 2013 |
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Representative unfair-termination claim filed in court must be referred to CMA; Labour Court transferred the complaint for arbitration.
Labour law – Jurisdiction – Representative suits – Whether unfair termination disputes must first be referred to CMA under Rule 10(1) – Application of s.94(3)(a)(i),(ii) of the Employment and Labour Relations Act – Transfer to CMA for arbitration.
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26 August 2013 |
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Appeal dismissed: conviction for rape upheld where victim, eyewitnesses and medical evidence proved non‑consensual penetration by the appellant.
Criminal law – Rape – Elements: penetration (however slight) and lack of consent – Victim’s testimony corroborated by eyewitnesses and medical evidence. Evidence – Corroboration – Medical report and eyewitness presence at scene bolster victim’s account. Defence credibility – Accused’s inconsistent statements and lies may corroborate prosecution case.
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26 August 2013 |
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Appeal allowed: convictions quashed due to insufficient evidence and inadequate consideration of the appellants' defence.
National Parks offences – unlawful entry, hunting and possession of trophies; burden of proof – prosecution must disprove accused’s innocent explanation; evaluation of defence – duty to fairly consider unrepresented accused’s account; evidentiary sufficiency – failure to call local/community witnesses can raise reasonable doubt; procedural requirements for transfer of economic/organized crime matters.
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26 August 2013 |
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Whether penile penetration was proved beyond reasonable doubt; conviction substituted to grave sexual abuse and sentence reduced.
Criminal law – Rape – Requirement of penile penetration as essential element – Where evidence indicates insertion of a finger rather than penis conviction for rape is unsafe; substitution to grave sexual abuse (s.138C).; Medical evidence – bruising consistent with blunt object – corroboration and limits.; Caution statement and conduct – may show responsibility but does not substitute for proof of rape's essential ingredients.; Sentencing – life sentence replaced with appropriate term for substituted offence.
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26 August 2013 |
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Court reduced taxed instruction fees, allowed late exhibits, expunged unauthorized filings; each party to bear own costs.
Civil procedure – taxation of costs – reference against decision of Taxing Officer – Rule 5 Advocates' Remuneration and Taxation of Costs Rules. Costs – instruction (advocate) fees – recoverability and necessity of receipts – distinction between party/party disbursements (Rule 55) and advocate/client fees – scales and discretion (Rule 11, Rule 45). Rule 46 – one-sixth rule – proviso permitting disregard of instruction fees in computing one-sixth. Admissibility – late production of invoices at reference stage – permissible when annexed to counter-affidavit for reference. Procedural regularity – documents filed without leave to be expunged. Fraud – serious allegation requiring strong evidence; standard of proof above balance of probabilities.
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23 August 2013 |
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No sufficient cause shown to extend time for appeal against appointment of administratrix; appeal dismissed with costs.
Civil procedure – extension of time to appeal – requirement of sufficient cause – medical evidence as cause – necessity of proof of hospitalisation or continuous incapacity. Probate and administration – appointment of administratrix – presence and failure to object at primary court relevant to later appeals. Appellate practice – new grounds not raised in lower court cannot be introduced at extension/appeal stage.
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23 August 2013 |
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Director’s unilateral refusal to register agreed land transfer breached company interests; exemplary damages, interest and costs awarded.
Company law – enforceability of board resolutions and transfer deeds – land contributed as share consideration; fraud burden on alleging party; unilateral rescission by a director prejudicial to company interests; entitlement to exemplary damages and interest at court rate.
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23 August 2013 |
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Defendants maliciously breached an agreement to transfer land as share capital; company awarded exemplary damages, interest and costs.
Company law – transfer of land as contribution to share capital – enforceability of board resolutions and transfer deeds; directors’ duties regarding share certificates and registration. Fraud – burden of proof – allegations of fraud require clear proof; delay in issuing share certificates insufficient. Breach – unilateral rescission by a director of a formal agreement is wrongful; remedies include exemplary damages, interest and costs. Damages – special damages must be strictly pleaded and proved; exemplary damages awarded to punish malicious conduct.
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23 August 2013 |
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Delay excused and extension granted where delay resulted from representation by an unqualified person lacking a practising certificate.
Civil procedure – extension of time – application under s.93 CPC – delay caused by counsel’s mistake; general rule that counsel’s inadvertence is not sufficient cause distinguished where representative acted without a practising certificate – unqualified representation cannot be attributed to applicant.
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23 August 2013 |
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Delay excused where initial procedural error was caused by an unqualified person acting without a practising certificate.
Extension of time – sufficient cause – ordinarily counsel’s mistake not sufficient; representation by unqualified person – practising certificate required; acts of unqualified representative not imputable to client; Section 93 Civil Procedure Code.
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23 August 2013 |
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Procedural defects (wrong statutory citation and defective jurat) rendered the extension application incompetent and it was struck out.
Civil procedure – Extension of time – Proper citation of statutory provisions – Failure to specify subsection of enabling provision renders application incompetent. Evidence/procedure – Affidavits – Jurat requirements under Cap 12 s.8 – Absence of attesting officer’s name or proper jurat renders affidavit incurably defective. Incompetence – Procedural defects of citation and affidavit justify striking out application with costs.
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23 August 2013 |
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Labour Court lacks jurisdiction until dispute on fairness of termination is first referred to CMA; complaint transferred for mediation.
Labour law — Jurisdiction — Mandatory mediation at the Commission for Mediation and Arbitration before Labour Court — Employment and Labour Relation Act sections 86 and 94(2)(a); Procedural objections — time limitation and formality of signatures — court may transfer premature matters to CMA under s.94(3)(b)(i).
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23 August 2013 |
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Application for leave to appeal struck out for defective affidavits and failure to cite the correct enabling Labour appeal provisions.
Labour law — leave to appeal — procedural compliance — correct citation of enabling provisions (Labour Institutions Act s.57; Labour Court Rules r.54 and r.24(11)) — defective affidavits — non‑citation renders application incompetent — strike out with liberty to refile.
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23 August 2013 |
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Application to set aside show‑cause summons for MD's arrest dismissed; preliminary objections rejected.
Oaths and affidavits – distinction between Oaths and Statutory Declarations Act and Notaries Public & Commissioners for Oaths Act; Execution – requirement (and timing) of citing enabling provisions; Corporate law – company acts through officers, signature by officer valid; Lifting corporate veil – exceptional, requires specific application and evidence; Arrest/committal as civil prisoner – mode of execution must be stated.
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23 August 2013 |
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Improper admission of a cautioned statement and unlawful closure of prosecution case vitiated conviction; appeal allowed.
Criminal procedure; admissibility of cautioned statement — proper trial-within-trial procedure; recorder must testify and statement must be re-tendered in main trial; change of magistrate — s214 CPA — duty to inform accused of right to re-summon witnesses; s225 CPA — court may not close prosecution case without RCO/DPP certificates; unlawful closure vitiates subsequent proceedings.
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22 August 2013 |
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Occupation alone did not confer title; formal allocation and payment established respondents’ superior right, so appeal dismissed.
Land law – occupancy and acquisition – sufficiency of occupation to confer title; formal allocation by village/land authority; proper respondents in challenges to allocations; role of documentary evidence in proving title.
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22 August 2013 |
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Application struck out because both affidavits’ jurats omitted mandatory name/place/date, rendering them incurably defective.
Notaries Public and Commissioners for Oaths Act s.8 – jurat must show name, place and date of attestation; omission renders affidavit incurably defective; Interpretation of Laws Act s.53(2) – mandatory 'shall' duty; courts may raise incurable jurat defects suo motu; defective affidavits vitiate supporting applications; costs where both affidavits defective.
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20 August 2013 |
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Circumstantial evidence upheld child‑rape conviction; improperly admitted exhibit expunged; 30‑year term replaced with mandatory life.
Criminal law — Rape of child under ten — Circumstantial evidence and credibility of adult witnesses — Improper admission of exhibit contrary to s.240(3) Criminal Procedure Act — Mandatory life sentence under s.131(3) Penal Code.
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20 August 2013 |
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Mandatory procedural breaches (in camera hearing, witness verification, voir dire for child) vitiated the sexual offence trial; retrial ordered.
Criminal procedure — Sexual offences — Requirement to conduct trials in camera under section 186(3) — Non‑compliance vitiates proceedings. Criminal procedure — Witness evidence — Duty under section 210(3) to read evidence back and record comments — Non‑compliance renders proceedings null. Evidence — Child witnesses — Necessity of voir dire to determine competency and ability to take oath for children of tender years. Remedy — Cumulative procedural defects occasioning failure of justice — Conviction quashed and retrial ordered.
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20 August 2013 |
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Appellate court will not disturb tribunal's factual findings absent misdirection; appeal dismissed with costs.
Land law – dispute over ownership and boundaries; appellate review of findings of fact – deference to trial tribunal absent misdirection or failure to consider material evidence; relevance of medical evidence for non-appearance; jurisdiction of High Court over land appeals; compliance with procedural attendance rules (G.N. No.174 of 2003) considered but no prejudice shown.
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19 August 2013 |
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Applicant failed to show sufficient cause for extension of time to appeal; application refused with costs.
Extension of time – requirement to show sufficient cause – delay in obtaining copies of impugned judgment – appeals from ward tribunals subject to 60-day limitation – record preparation duty of District Land and Housing Tribunal – unpleaded ill-health cannot excuse delay.
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19 August 2013 |
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Appellant’s challenged sale deed found unreliable; respondent’s title upheld and appeal dismissed.
Land law – title dispute – conflict between registered deeds and oral evidence – locus in quo inspection; authenticity of sale deed questioned where alleged signatory denies signing. Evidence – credibility assessment – weight of documentary title supported by local witnesses v. uncorroborated deed. Remedies – appeal dismissed; trial findings of fact upheld.
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19 August 2013 |
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Daylight identification of a known assailant and medical evidence established rape; appeal dismissed.
Criminal law – Rape – Identification at close range in broad daylight of a known assailant; identification parade unnecessary for a known person; proof of penetration and absence of consent corroborated by medical evidence; mis‑pleading of statutory subsection curable if no prejudice.
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16 August 2013 |
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16 August 2013 |
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Late supply of certified judgment copies justified granting the applicant an extension of time to file an appeal.
Administrative law – Limitation of actions – Extension of time under section 14(1) Law of Limitation Act – Late supply of certified copies of proceedings, judgment and decree – Time for filing appeal runs from supply of documents – Exclusion under section 19 not applicable where supply occurs after expiry.
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16 August 2013 |
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Appellant’s conviction quashed where identification of stolen property was generalized and co-accused evidence uncorroborated.
Criminal law – identification of stolen property – complainant must describe goods and distinguishing marks before identification; Evidence – co-accused testimony akin to accomplice evidence requiring caution and independent corroboration; Burden of proof – remains on prosecution and must not be shifted to accused; Conviction cannot rest on mere suspicion.
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16 August 2013 |
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Conviction unsafe where identification was generalized and co‑accused evidence was uncorroborated.
Criminal law – Burglary and stealing – Identification of alleged stolen property – necessity for prior description and distinguishing marks before exhibition. Evidence – Accomplice/co‑accused testimony – must be treated with caution and require corroboration. Evidence – Burden of proof – remains with prosecution; possession alone and generalized identification amount to suspicion, not proof. Procedure – Exhibits should be listed and properly tendered with opportunity for accused to comment.
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16 August 2013 |
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Conviction quashed where prosecution failed to prove theft beyond reasonable doubt and identification of the stolen generator.
Criminal law – burden of proof – prosecution must prove guilt beyond reasonable doubt; Identification of stolen property – recovery and positive identification required; Circumstantial evidence – must form an unbroken chain; Suspicion alone insufficient for conviction.
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16 August 2013 |
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Conviction based solely on prior threats and uncertain night-time identification is unsafe.
Criminal law – arson – previous threats as evidence – threats insufficient without tangible corroboration; Visual identification – night-time identification unreliable without details of observation; Burden of proof – prosecution duty never shifts; trial judge must not infer guilt from accused's silence.
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15 August 2013 |
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An unqualified village settlement deed effected permanent transfer; DLHT correctly declared respondent owner and appeal dismissed.
Land law – grant by village reconciliation – construction of settlement deed; Limitation – appeals from DLHT to High Court under s.38(1) Land Disputes Courts Act (60 days); Proof of trespass – requirement to specify area and evidential foundation on locus visit; Transfer by agreement – passing of title where deed contains no temporal condition.
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15 August 2013 |
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Mandatory s240(3) CPA noncompliance expunged medical report; rape not proved, substituted conviction for sexual harassment.
Criminal law – Identification at night and necessity of parade – Section 240(3) Criminal Procedure Act – mandatory right to require maker of medical report to be summoned – failure to inform accused renders PF3 devoid of probative value and expunged – Evidence Act s56(1) bad character inadmissible unless accused’s good character is first put in issue – Rape: requirement to prove penetration specifically – burden of proof remains on prosecution – substitution of conviction to lesser offence (sexual harassment s138D(1)).
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15 August 2013 |