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Citation
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Judgment date
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| September 2014 |
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Court upheld registered title to Plot No. 82, dismissed trespasser’s merger/time-bar claims, and ordered demolition of encroachment.
Land law – ownership of surveyed plots – effect of survey and issuance of Certificates of Occupancy; Evidence – documentary title (Certificate of Occupancy) vs customary possession; Boundary dispute – locus in quo inspection and finding of encroachment; Limitation/time bar – when challenge to title is not time-barred.
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11 September 2014 |
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Applicant failed to demonstrate good cause for extension of time to seek revision of a CMA award.
Extension of time – discretionary remedy – requirement to show good cause by explaining reasons for delay – defective affidavit and ignorance of procedure do not constitute good cause – representation by counsel relevant to assessment of diligence.
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11 September 2014 |
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Visual identification and recent-possession evidence were insufficient; convictions quashed and sentences set aside.
* Criminal law – visual identification – conditions favouring correct identification – need to eliminate possibilities of mistaken identity.
* Criminal law – recent possession – requirements to prove ownership, recent theft and nexus with accused before applying the doctrine.
* Evidence – failure to call key witnesses and failure to describe goods prior to tendering undermines proof of property ownership.
* Admissibility – conviction cannot rest on a confession not tendered in evidence.
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10 September 2014 |
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Court found an employment relationship despite informal payment arrangements, upheld unfair-termination compensation, and limited time-barred unpaid-salary claims.
Employment law – existence of employment relationship – primacy of facts over contractual labels; indicators: control, supervision, provision of tools, remuneration, economic dependence – termination procedural fairness – time bar under Labour Institution Mediation and Arbitration Rules – remedies: compensation, notice, severance, limited unpaid salary and accrued leave.
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10 September 2014 |
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Whether an employment relationship existed and whether a 'golden handshake' barred claims for unpaid employment benefits.
Employment law – determination of employment relationship – factors: control, hours, integration, economic dependence, provision of tools, exclusivity; effect of settlement ('mkono wa heri') on later claims; admissibility of evidence; procedural fairness of termination.
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10 September 2014 |
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Failure to file a fresh 90-day Government notice renders suit incompetent and liable to be struck out.
Government Proceedings Act s.6(1),(2) – ninety days' notice requirement; Effect of striking out prior proceedings – instruments and notices become inoperative; Requirement for fresh notice on re-filing; Suit incompetence and striking out; Dependent interlocutory application fails.
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10 September 2014 |
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Bank held liable for unauthorized withdrawals due to bank negligence; customer partly contributorily negligent; principal, interest and costs awarded.
Banking law – Unauthorized debits; negligence of bank employees; missing original cheques and documentary proof; onus of proof; contributory negligence by customer; award of principal, interest and costs.
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9 September 2014 |
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Appellant failed to prove land ownership; absence of locus visit and adoption of assessors’ opinion were not fatal errors.
* Land law – proof of ownership – requirement of documentary evidence and reliable witness testimony to establish a purchase from the registered/claimed owner
* Civil procedure – locus in quo – visiting site is discretionary, not a precondition to valid judgment
* Procedure – assessors’ opinion – chairperson may adopt assessors’ opinion if recorded and reasons for concurrence are given
* Appellate review – appellate court will not disturb tribunal’s factual findings where evidence was properly evaluated
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9 September 2014 |
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Procedural irregularity found; notice to show cause ordered before execution by arrest and detention; parties to bear own costs.
* Civil procedure – execution by arrest and detention – requirement of notice to show cause under Order XXI r.35 – affidavit and supporting documents must properly accompany execution application; evidence cannot be introduced first in written submissions.
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9 September 2014 |
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An employee approaching compulsory retirement may be validly retrenched; collective agreement benefits depend on employer's capacity.
* Labour law – retrenchment for operational requirements – whether employee facing compulsory retirement can be retrenched; consultation and selection criteria under Code of Good Practice.
* Collective agreements – binding effect and interplay with individual contracts – entitlement to superior retirement benefits when retrenched depends on factual/financial capacity.
* Procedural fairness – notice, consultation, objective selection criteria (seniority, volunteers, efficiency, conduct) and disclosure requirements.
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9 September 2014 |
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Appeal against theft conviction dismissed where documentary and witness evidence proved misappropriation and concealment.
* Criminal law – Theft – sufficiency of evidence to prove actus reus and mens rea
* Evidence – accomplice/ interested witness testimony – credibility and reliance without further corroboration
* Evidence – documentary proof, back‑dated documents and cash/treasury slips as proof of authority
* Evidence – handwriting/familiarity and inference from exclusive possession
* Criminal law – uttering false documents to conceal misappropriation
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8 September 2014 |
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Belated claim of prior marriage cannot invalidate an admitted customary marriage; appeal dismissed and orders upheld.
Civil procedure — Additional evidence on appeal (Order XXXIX r.27 CPC) — Matrimonial law — Validity of customary marriage; effect of alleged prior Christian marriage — Marriage Act provisions on polygamy and conversion — Division of matrimonial property — Child maintenance.
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8 September 2014 |
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Appellant's belated claim of prior Christian marriage failed; customary marriage upheld and appeal dismissed with costs.
Civil procedure – appeal – adducing additional evidence on appeal (Order XXIX Rule 27 CPC); Family law – Law of Marriage Act (sections 9, 10, 11) – validity and conversion of customary and polygamous marriages; Matrimonial property – division of house; Credibility and failure to raise evidence at trial.
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8 September 2014 |
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Conviction based on uncorroborated, delayed visual and voice identification was unsafe; appeal allowed and convictions quashed.
Criminal law — Visual identification — Cardinal Principle — Delay in reporting/naming suspects to police undermines identification; corroboration required. Voice identification — unreliable without expert support. Prosecution’s burden to prove identity beyond reasonable doubt.
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8 September 2014 |
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Applicant established triable issues and risk of irreparable harm; temporary injunction granted to preserve status quo.
Commercial injunction — interim relief — prima facie case and triable issues; irreparable harm and goodwill; balance of convenience; preservation of status quo pending trial.
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8 September 2014 |
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The respondent's malicious-prosecution claim was time-barred, special damages unproven, and reporting to police is qualifiedly privileged.
Limitation — accrual of cause of action on date of acquittal; Malicious prosecution — elements (prosecution, termination in favour, absence of reasonable/probable cause, malice, damages); Qualified privilege — information to police to detect crime protected; Special damages — must be specifically pleaded and strictly proved; Joinder — administrator properly joined after amendment.
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8 September 2014 |
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Extension of time granted where the intended appeal discloses arguable and triable issues; file within 30 days.
Civil procedure — Extension of time to file appeal — Application granted where intended appeal discloses arguable and triable issues — Filing ordered within 30 days.
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5 September 2014 |
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Appellate tribunal correctly reversed the trial decision after locus in quo inspection and credibility findings; appeal dismissed.
* Land law – boundary dispute – ownership determination based on evidence and locus in quo inspection. * Civil procedure – appellate review – role of locus in quo where trial evidence is contradictory. * Credibility – appellate tribunal permitted to rely on site inspection and assessors’ opinions when evaluating conflicting witness accounts.
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5 September 2014 |
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A convict’s lack of access and assistance in custody justified a 25‑day extension to file a belated appeal.
* Appellate procedure – Extension of time – Section 11(1) Appellate Jurisdiction Act and Rule 47 Court of Appeal Rules – enlargement granted where applicant is a convict lacking practical ability/assistance to file appeal.
* Ex parte proceedings – respondent non-appearance – matter allowed to proceed after unsuccessful attempts to summon respondent.
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5 September 2014 |
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A convict’s incarceration and lack of access to legal assistance justified a 25-day extension to file a delayed appeal.
Criminal procedure – Extension of time to file appeal – Section 11(1) Appellate Jurisdiction Act, 1979 and Rule 47 Court of Appeal Rules 2009 – Prisoner’s custody and lack of access to legal assistance as sufficient cause – Ex parte hearing where respondent absent.
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5 September 2014 |
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Appellate court quashed armed robbery conviction after trial court admitted a cautioned statement without inquiring into alleged torture.
Criminal law - armed robbery; admissibility of cautioned statements; duty to inquire into torture allegations before admitting confessions; necessity of corroboration for circumstantial evidence; identification at night.
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5 September 2014 |
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Conviction quashed because cautioned confession was admitted without inquiry into alleged torture, leaving no corroborating evidence.
* Criminal law — Armed robbery — Circumstantial evidence and need for corroboration where identification is lacking. * Evidence — Admissibility of cautioned/confessional statements — Requirement to inquire into allegations of torture or coercion (trial-within-a-trial). * Procedure — Failure to object to tendered documentary evidence (PF.3) limits later challenge. * Criminal appeal — Effect of expunging improperly admitted confession on sufficiency of prosecution case.
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5 September 2014 |
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Whether the prosecution proved conspiracy and armed robbery beyond reasonable doubt, focusing on identification and cautioned statements.
* Criminal law – Armed robbery and conspiracy – sufficiency of evidence – identification parade reliability; cautioned/confession statements – voluntariness and corroboration; recovery of stolen property as corroboration.
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5 September 2014 |
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Convictions quashed for unsafe identification evidence, improper confession handling, and failure to prove offences beyond reasonable doubt.
Criminal law – sufficiency of evidence; identification evidence and identification parades – compliance with Police General Order No.232; admissibility and evidential value of cautioned/confession statements – timing and trial-within-trial requirements; unsafe convictions and appellate intervention.
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5 September 2014 |
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Applicant failed to prove sufficient cause or due diligence for extension of time to appeal; application dismissed with costs.
Civil procedure – extension of time under s.14(1) Law of Limitation Act; applicant’s burden to show sufficient cause and due diligence; requirement to annex supporting documents (notice of appeal, request letters, certified record, drawn order); proper jurat and attestation of affidavits; delay attributable to court must be proved by evidence from court officials.
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5 September 2014 |
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Applicant’s unproved delay and defective affidavit fail to justify extension of time to lodge an appeal.
Limitation of actions – Extension of time to appeal – Section 14(1) Law of Limitation Act – Requirement to show due diligence and sufficient reasons – Necessity of properly sworn affidavit and supporting documentary evidence (jurat, notice of appeal, certified record, drawn order) – Delay allegedly caused by court does not excuse unexplained subsequent inaction.
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5 September 2014 |
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5 September 2014 |
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Administrator’s title protects estate property; unauthorised mortgage absent proof and due diligence is void and appeal dismissed.
Land law – ownership under administration – validity of mortgage by an unauthorised person; Non-joinder – when omission is not fatal if no prejudice caused; Purchaser’s duty of inquiry and due diligence before accepting/ registering transfers; Fraud/misrepresentation vitiating transactions; Appeal – appellate court upholding tribunal’s factual findings.
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5 September 2014 |
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Administratrix’s claim upheld: unauthorized sibling’s mortgage invalid; occupier failed to inquire, appeal dismissed with costs.
Land law – mortgage/transfer of estate property by an unauthorized person; duty of purchaser/assignee to make inquiries into title; non‑joinder of a party – when consequential; trespass and possession; fraud and misrepresentation vitiating transfer.
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5 September 2014 |
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Failure to quote alleged defamatory words verbatim renders a defamation plaint incompetent and liable to be struck out.
Civil procedure – pleadings – defamation actions require the exact words complained of to be set out verbatim in the plaint; annexures and general rule of brevity under Order VII CPC do not substitute that requirement – failure to state the words prejudices the defendant and renders the plaint incompetent.
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5 September 2014 |
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In defamation claims the plaint must quote the exact allegedly defamatory words verbatim; omission renders the plaint incompetent.
Defamation — pleadings — plaint must set out the precise words complained of verbatim; attachments do not cure omission — cause of action — Order VII CPC — preliminary objection as pure point of law.
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5 September 2014 |
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Court quashed an unexplained extended compensation award and reinstated employee in one case; in another, upheld termination for gross negligence.
* Labour law – Remedies for unfair termination – Arbitrator's discretion under section 40(1) ELRA to award reinstatement or compensation; compensation exceeding 12 months permissible if justified.
* Judicial review – Revision of CMA awards – Grounds for interference: misapprehension of law/evidence, failure to state reasons, awarding unclaimed relief.
* Employment – Gross negligence – Repeated misposting causing substantial loss as valid reason for termination.
* Remedies – Section 40(1) remedies are alternative, not ordinarily cumulative.
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5 September 2014 |
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Res judicata requires all elements proved; being named as heir does not make one a party and defeats the plea.
* Civil procedure – res judicata – elements must be proved cumulatively: competent court, same subject matter/issues, finality, same parties/title. * Probate proceedings – being named as heir does not make one a party for res judicata purposes. * Chamber summons (Order XLIII & s.95 CPC) – Competence to challenge inclusion of property in estate must be determined before hearing. * High Court guidance – remittal for rehearing and directions to District Court under s.44(1)(a) Magistrates Court Act.
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5 September 2014 |
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Applicant’s purported title was forged; revocation by the Lands Commissioner was lawful and the claim was dismissed with costs.
* Land law – allocation and revocation of offer letters – genuineness of offer letters and receipts; revocation lawful where documents forged.
* Possession and improvements – trespasser’s improvements – no compensation for unexhausted improvements where entrant had no title or colour of right.
* Administrative investigation – evidence from lands office and commissioner decisive in determining lawful allocation.
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5 September 2014 |
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Expert valuation established unrecovered construction costs; appeal dismissed and tribunal's tenancy order upheld.
* Land law – Agreement to permit construction and repay construction costs – tenancy to continue until full recovery of construction costs. * Evidence – Admissibility and weight of expert valuation reports – professional documents admissible and may be relied upon by tribunal. * Procedure – Allegation of non-consultation and witnesses not summoned does not automatically vitiate tribunal's decision absent demonstrated injustice.
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5 September 2014 |
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Temporary injunction application struck out for incompetence because applicants cited incorrect Civil Procedure Code provisions.
Civil Procedure – Temporary injunctions – Section 68 CPC is supplemental, not standalone – Applications must cite specific Order and Rules (Order XXXVII rr.1–2) – Section 95 CPC applies to abuse of process only – Application incompetent for wrong citation and struck out with costs.
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4 September 2014 |
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Chamber application to negate English judgment struck out as abuse; res judicata and jurisdiction objections to main suit overruled.
Commercial Division – abuse of process – pre-empting preliminary objections by separate chamber application; res judicata – foreign (English) judgment – three-part test (identity of parties, identity of issues, conclusiveness); recognition of foreign summary judgments – not automatically conclusive if procedure differs from Tanzanian law; jurisdiction – declaratory relief in Commercial Division does not require stated pecuniary value if fees paid and commercial significance established.
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4 September 2014 |
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Village/district officials lacked jurisdiction to try and fine; unlawful payments refundable; claim for ten cows unproven.
Administrative law – Local/village authorities’ powers – G.N. No. 381/2009 (Section 33) – penalties require trial before a competent court; village/district meeting decisions unlawful and refundable; civil burden of proof for livestock loss.
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4 September 2014 |
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Leave to appeal denied where proposed grounds were factual credibility findings, despite timely filing shown by exchequer receipt.
* Appellate procedure – Leave to appeal to Court of Appeal – requirement of prima facie contentious issues of law or public importance; leave not granted where issues are factual and based on trial court credibility.
* Civil procedure – Timeliness of written submissions – exchequer receipt as evidence of filing date.
* Employment law – retrenchment – appellate deference to trial court findings based on documentary evidence and credibility.
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4 September 2014 |
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Appellate court quashed conviction due to improper use of s.240(3) and failure to conduct a necessary voir dire, rendering the conviction unsafe.
Criminal procedure – Improper invocation of s.240(3) to call witness to fill prosecution gaps; failure to conduct voir dire; delayed reporting by prosecution witness undermining credibility; unsafe conviction quashed.
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4 September 2014 |
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Application struck out for defective representation and affidavit; statutory citation upheld and leave to refile granted.
* Labour procedure – representation of multiple applicants – compliance with Rules 43–44; self‑appointment and notice of representation invalid.
* Evidence/Affidavit formalities – verification clause, correct wording and deponent description; defective affidavit fatal to application.
* Statutory interpretation – citation of section 91 ELRA proper following amendment by Act No.3/2010.
* Civil procedure – expunging late filings; striking out application with leave to refile.
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4 September 2014 |
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Application struck out for improper self‑appointment of representative and defective affidavit; leave granted to refile within seven days.
Labour law — procedure — representation of multiple applicants — Rule 44 requirements; Affidavit formalities — proper wording and verification; Statutory citation — amendments and existence of subsection (c); Late filing — expungement of materials filed without leave.
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4 September 2014 |
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3 September 2014 |
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Court granted extension of time to file revision of a CMA award, refusing to entertain a time-barred preliminary objection.
* Labour law – extension of time – application to enlarge time to file revision of a CMA award – discretion to grant extension where parties were not present at award delivery; preliminary objection on time-barred ground inappropriate where extension is sought.
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3 September 2014 |
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3 September 2014 |
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Ex parte judgment entered without required proof and without resolving jurisdictional preliminary objection was set aside and matter remitted.
Civil procedure – Ex parte judgment – Requirement of ex parte proof under Order VIII r.14(2)(b); Written statement of defence – effect of failure to file amended WSD when original WSD filed; Formal requirements of judgment – Order XX (points and concise decisions); Preliminary objections – jurisdictional objections must be determined before merits; Remedy – setting aside defective ex parte judgment and remitting for rehearing.
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3 September 2014 |
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Eviction after proper notices due to rent arrears was lawful; alleged losses and damages were not proved.
Eviction lawfulness – tenant in rent arrears – notices (30-day and 14-day court broker notice) – burden of proof for special damages (loss of cash, property, business interruption) – failure to prove damages leads to dismissal.
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3 September 2014 |
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Tenant's damages claim after eviction dismissed where eviction procedures were lawful and losses were unproven.
Landlord–tenant law; lawful eviction procedure and notices; burden of proof for claimed losses after eviction; claims for lost cash and property require credible proof.
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3 September 2014 |
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An extra-judicial confession to a Justice of the Peace plus circumstantial evidence upheld a shopbreaking conviction.
* Criminal law – shopbreaking and stealing – reliance on extra-judicial confession recorded by Ward Executive Officer (Justice of the Peace) – admissibility and weight. * Evidence – circumstantial evidence combined with confession can suffice to ground conviction. * Criminal procedure – evaluation of defence evidence and appellate intervention limited where trial findings are credible.
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3 September 2014 |
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Conviction quashed because night-time visual identification was unsafe and prosecution failed to prove guilt beyond reasonable doubt.
Armed robbery – visual identification – reliability and safeguards for identification evidence (Waziri Amani principles) – circumstantial evidence – alibi – burden of proof – unsafe conviction quashed.
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3 September 2014 |