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Citation
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Judgment date
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| January 2018 |
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Leave to appeal granted where revocation of letters of administration raised prima facie breach of natural justice.
Appellate procedure – leave to appeal under s.5(1)(c) AJA – requirement of prima facie grounds meriting serious judicial consideration. Probate and administration – revocation of letters of administration – requirement to afford administratix a hearing (natural justice). Procedural fairness – suo motu rulings by trial court and addressing only issues raised by parties.
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31 January 2018 |
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Applicant granted extension and dismissal order set aside due to service on wrong party; fraud not established.
Civil procedure — service of process — dismissal for non-appearance — irregular service on wrong party — setting aside dismissal order; extension of time; allegation of fraud in procurement of judgment not established.
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31 January 2018 |
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Dismissal order set aside for being issued after service on the wrong party; extension granted to file application.
Civil procedure – service of process – hearing summons served on wrong party – dismissal order wrongly issued – application to set aside dismissal – extension of time granted; allegation of fraud not proven; cited fraud authority inapplicable.
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31 January 2018 |
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Primary Court validly revoked administratix for lack of trust; District Court wrongly ordered retrial; High Court remitted matter for fresh appointment.
Probate and Administration – revocation of letters of administration – Primary Courts’ power under paragraph 2, Part I of the Fifth Schedule to revoke appointments for good and sufficient cause and appoint impartial administrator. Appellate review – requirements for ordering retrial; appellate court must base nullification on record-supported errors. Natural justice – entitlement to be heard determined by record. Civil procedure – abuse of court process – revisional powers to nullify duplicate proceedings.
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29 January 2018 |
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Court granted leave for judicial review and an interim injunction preventing respondent from suspending the applicant's trustees pending determination.
Judicial review — leave to apply for certiorari and prohibition; interim injunction restraining suspension of trustees; affidavit as substitute for oral evidence; procedural fairness and right to be heard; preservation of status quo pending review.
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29 January 2018 |
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High Court dismissed premature revision of an interlocutory probate injunction, ordering costs.
Probate law – interlocutory injunctions to preserve status quo; revisional procedure – premature High Court review of pending revisional proceedings; ex parte orders – remedy is application to set aside in revisional court before High Court intervention.
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28 January 2018 |
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Defective jurat on supporting affidavit renders the application incompetent and the application is struck out.
Civil procedure – affidavit jurat – mandatory format under Oaths and Statutory Declarations Act (Cap 34) – non‑compliance renders affidavit incurably defective. Labour Court Rules – Rule 24(3) – requirement of affidavit in support – absence of valid affidavit renders application incompetent. Jurisdiction/competency – fundamental issue that may be raised suo motu and addressed at outset. Remedy – striking out defective affidavit and incompetent application.
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26 January 2018 |
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Plaintiff sued district officers for acts in course of employment; court struck out plaint for failure to join the district council.
Civil procedure – preliminary objections – effect of notice of intention to appeal; Local Government (District Authorities) Act s.12(1)(b) – corporate capacity of district councils – proper party to sue where employees act in course of employment; malicious prosecution – joinder of DPP/AG (not determined).
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26 January 2018 |
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Administrator to be discharged but must file statutory report and outstanding fee claims remain to be proved.
Companies Act – administration – discharge of administrator – duty to file report under ss.253–254 before discharge; Companies Act s.257/remuneration – dispute over administrator’s fees; procedure for reversion of company to members – requirement for Special Resolution and filing with Registrar; intervener (major creditor) participation.
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26 January 2018 |
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Appeal allowed: tribunal erred by awarding compensation to a trespasser, failing to give reasons for departing from assessors, and lacking locus standi.
Land law – ownership on balance of probabilities; trespasser not entitled to compensation; procedural compliance with section 24 Land Disputes Courts Act (assessors' opinions — reasons required); locus standi – necessity of Letters of Administration pleaded/produced; failure to analyse evidence and exhibits vitiates decision.
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25 January 2018 |
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Leave to appeal out of time dismissed for failure to account for delay and not seeking an extension in the summons.
Land appeal – application for leave out of time – failure to account for each day of delay – necessity to pray for extension of time in chamber summons – non-compliance with Rule 45 time limit – dismissal with costs.
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25 January 2018 |
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23 January 2018 |
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Bail pending appeal is exceptional and requires overwhelming prospects of success; presumption of innocence does not apply after conviction.
Criminal procedure – Bail pending appeal – Applicant convicted and sentenced – Bail is discretionary and only granted where there are overwhelming chances of success on appeal; presumption of innocence does not apply post-conviction; sexual offence convictions can be sustained on single witness evidence (s.127(7) Evidence Act).
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22 January 2018 |
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Irregular DPP consent and mismatched charge documentation vitiated the trial; proceedings quashed and remitted for proper prosecution.
Criminal procedure – Economic and Organized Crime Control Act – Requirement for DPP’s consent under s.29(6)-(7) – consent must correspond to charge and follow study of file. Conferment of jurisdiction under ss.12(3)/26(2) – irregular conferment vitiates trial. Procedural irregularity – inconsistent charge sheets and improperly dated consent render trial a nullity and justify remittal.
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22 January 2018 |
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Conviction quashed where prosecution failed to tender or conclusively identify the alleged stolen goats.
Criminal law – theft – necessity of tendering alleged stolen property as exhibit; identification and ownership of recovered property; failure to tender property fatal to prosecution; proof beyond reasonable doubt required.
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22 January 2018 |
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Equivocal plea and failure to explain offence elements rendered speeding conviction and custodial sentence unlawful.
Criminal procedure – Pleas – Equivocal plea (“it is true”) – duty to explain each ingredient of a technical offence before accepting plea; Road Traffic Act – section 63(2)(d) prescribes fine for offences under section 50/51 – custodial sentence illegal; Sentencing – prior convictions must be proved before treating offender as habitual.
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19 January 2018 |
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Appellant entitled to share of jointly acquired matrimonial property (30:70); custody remains with respondent, mother granted access.
Family law – Matrimonial property – Assets acquired during marriage by joint efforts – Division under section 114(2)(b) Law of Marriage Act; Misconduct/mismanagement and use of family funds not automatically disentitling spouse absent proof of loss; Child custody – welfare paramount, continuity and parental capacity considered; visitation rights.
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19 January 2018 |
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Review may add omitted consequential orders: quashing illegal execution entitles restoration to status quo ante.
Civil procedure – Review under section 78 and Order XLII – omission of consequential orders – court may add interpretative words to give effect to earlier decision. Execution law – quashing of execution order that produced eviction – status quo ante and restoration as inevitable consequence. Remedies – restoration of possession versus fresh proceedings on ownership – review can provide equitable relief where necessary.
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18 January 2018 |
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Applicant failed to prove sufficient cause (imprisonment) for extension of time due to credibility and identity inconsistencies.
Land law — extension of time to file appeal — s.38(1) Land Disputes Courts Act — sufficiency of cause — imprisonment as hindrance — credibility and identity discrepancies in affidavit — discretionary refusal to extend time.
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18 January 2018 |
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Appellant failed to prove occupation; court dismissed appeal and upheld lower tribunals’ finding of respondent’s title.
Land law – title and occupation – burden of proof and balance of probabilities in land disputes; locus/standing of claimant (executrix/administratrix issue); weight and admissibility of tribunal witnesses; appellate review of ward tribunal findings.
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16 January 2018 |
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Applicant granted bail pending trial under EOCCA with financial security, approved sureties, travel and reporting conditions.
Bail – Economic and Organized Crimes Control Act – jurisdiction to hear bail application despite omission of amending Act citation – omission not fatal. Bail conditions – deposit equal to half alleged loss or approved immovable property; two approved sureties; surrender of passport; reporting; travel restriction within district. Bail as constitutional right absent legal prohibition.
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16 January 2018 |
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Whether a purported investment Memorandum was validly executed and whether the land reverted to the applicant.
Land law – validity and attestation of a Memorandum of Understanding – evidentiary requirements for jurat and attesting witness; Contract law – identification of controlling contractual documents (lease, sale agreement, articles) where an alleged MOU is invalid; Property – sale and transfer to a company and effect on ownership; Mortgage – discharge of bank loan vs Registrar entries; Fiduciary duties and special damages – requirement to plead and prove specific loss; Interpretation of Land Act s.19(2) regarding non‑citizen ownership for investment.
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16 January 2018 |
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Lack of proof that appellant was within the national park led to quash of conviction and return of cattle.
Criminal law – National Parks offences – proof of locus required – necessity of GPS/sketch map or beacon evidence to prove presence within park boundaries. Evidence – burden of proof remains on prosecution; improper application of Section 112 cannot shift burden to accused. Procedure – improper re-sentencing/double sentencing is unlawful. Property – forfeiture requires adequate evidential foundation.
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11 January 2018 |
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11 January 2018 |
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9 January 2018 |
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Extension of time to appeal granted due to late provision of judgment copy and evidence of intent to appeal.
Land Courts Disputes Act s38(1) – extension of time to appeal; distinction from s41(2) for original jurisdiction appeals; good cause where delay caused by late provision of judgment copy; evidence of intention to appeal (payment of filing fees) sufficient to justify extension.
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7 January 2018 |
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A DLHT erred treating a matter as res judicata despite its earlier revisional order nullifying the ward tribunal proceedings; matter remitted for merits.
Land law – res judicata – effect of prior revisional order nullifying ward tribunal proceedings; revisional jurisdiction of DLHT; High Court revisional powers under section 43(1)(b) of the Land Disputes Courts Act; remittal for merits hearing; evidential value of related criminal proceedings.
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5 January 2018 |
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Failure to formally record conviction as required by law renders the applicant's sentence a nullity and is quashed.
Criminal law – Robbery with violence – identification of accused and proof of taking and assault – adequacy of eyewitness evidence. Criminal procedure – Judgment and sentence – requirement to enter formal conviction specifying offence and statutory provision (s.235(1), s.312(2) Criminal Procedure Act). Procedural irregularity – failure to record conviction before sentencing is fatal and renders sentence a nullity. Remedies – discretion to order retrial vs. quashing conviction where interests of justice require no retrial.
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5 January 2018 |
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4 January 2018 |
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3 January 2018 |
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2 January 2018 |
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Power of attorney ceased on principal’s death; transfer and sale of estate house without valid authority were unlawful; vacant possession to administrator.
Probate and administration – power of attorney – effect of principal’s death – POA automatically terminates on death. Estate distribution – alleged family settlement – requirement of clear acceptance and valuation for concluded agreement. Transfer and registration of estate property by Administrator General – legality where attorney’s authority has ceased. Sale to third party purchaser – invalid where transferor lacked authority/title. Reliefs – declaratory and possessory relief; denial of unproven monetary claims.
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2 January 2018 |
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A power of attorney ends at the principal's death, rendering subsequent transfer and sale of estate property unlawful.
Power of attorney – termination by death – a power of attorney automatically terminates on the death of the principal. Administration of intestate estate – Administrator General’s duties – transfer unlawful where order cannot be executed due to death of principal and pending directions. Contract/settlement – conditional agreement and requirement of valuation – no concluded settlement without unqualified acceptance. Fraud in civil proceedings – high standard of proof; allegation of fraud must be strictly proved. Title and sale – transfer without valid title cannot vest title in purchaser; sale by person without title is ineffective.
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2 January 2018 |
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2 January 2018 |
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An oral application to extend an expired speed track is time-barred if not made within sixty days or without prior leave to apply out of time.
Civil procedure – Speed track – Expiry of court-assigned schedule – Extension application under Order XLIII Rule 2. Limitation law – Item 21, Part III – sixty-day limit applies to applications to extend speed track. Law of Limitation Act s.14(1) – leave required to apply out of time. Settlement negotiations do not suspend court scheduling orders or limitation periods. Constitutional or general interest of justice provisions do not displace specific limitation rules.
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2 January 2018 |
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2 January 2018 |
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2 January 2018 |
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A bail application cannot be used to decide admissibility or sufficiency of evidence for a non-bailable narcotics charge.
Criminal procedure – Bail – Non-bailable offences under section 148(5)(a) CPA – Bail applications cannot be used to decide admissibility or sufficiency of prosecution evidence (e.g., Chief Government Chemist certificates or alleged destruction of exhibits) – Such matters reserved for trial.
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1 January 2018 |
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Court granted attachment before judgment of a Tanzanian plant where respondent failed to rebut risk of asset dissipation.
Civil procedure – attachment before judgment – injunction to preserve assets pending suit; evidential burden to show risk of asset dissipation and absence of other assets in jurisdiction. Evidence – written submissions are not evidence; counter‑affidavit must give particulars and documentary proof to rebut attachment application. Preservation of judgment – balance of convenience and need to prevent frustration of future decree.
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1 January 2018 |