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Citation
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Judgment date
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| November 2018 |
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30 November 2018 |
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Appellate court affirmed adultery finding based on credible oral testimony despite absence of the alleged written admission.
Family law – Adultery – Presence in spouse’s house at night – Oral testimony and admissions as primary proof where documentary admission not tendered. Evidence – Credibility – In‑court recantation of an earlier defensive account and corroborating child testimony upheld as credible. Civil appeal – Concurrent findings of fact – Appellate court reluctant to displace trial and first appeal factual findings absent compelling reason.
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30 November 2018 |
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An affidavit containing hearsay about the applicant’s finances and lacking the drawer’s name was defective and the application was struck out.
Election law – security for costs application – admissibility and competency of supporting affidavit. Civil procedure – affidavits – Order XIX r.3(1): affidavits must be confined to deponent’s personal knowledge except where belief is permitted; hearsay inadmissible. Verification clause – must disclose sources for matters on information or belief. Advocates Act s.44(1) – mandatory endorsement of drawer’s name and address; omission renders document defective. Constitutional discretion (Article 107A(2)(e)) cannot cure statutory non-compliance in affidavits.
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30 November 2018 |
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Dismissal for want of prosecution was unjustified where counsel appeared and the absence was excused; application restored.
Civil procedure – Dismissal for want of prosecution – Regulation 15(a) DLHT Regulations 2003 – requirement of three months non-attendance.* Appearance – attendance by advocate constitutes appearance for tribunal purposes.* Adjournment – valid excuse (medical attendance of close relative) and lack of objection by opposing parties negates dismissal.* Quorum/ex parte concerns – absence of some respondents undermined propriety of dismissal.* Remedy – restoration and rehearing before different tribunal chairperson and assessors.
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30 November 2018 |
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Plaintiff's belated claim to land registered in the deceased son's name failed due to acquiescence, estoppel and lack of proof.
Land law – ownership dispute over Title No. 8625 – whether portion falls within administrator's estate. Probate/administration – competing administrators claiming same property under different estates. Evidence – witness testimony and locus in quo inspection confirming registration and physical unity of properties. Procedural – estoppel and limitation (delay/acquiescence) barring belated land claims; relief: dismissal, costs and perpetual injunction.
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30 November 2018 |
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Procedural defects (failure to frame issues, improper admission of criminal judgment) required retrial; appeal allowed and matter remitted.
Civil procedure – Primary courts – admissibility of criminal judgments as evidence – Regulation 6 (weight of evidence) – procedural requirement to allow objection to exhibits – failure to frame issues and analyse evidence – retrial warranted – revision powers under section 29(1) Magistrates' Courts Act.
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30 November 2018 |
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Court quashed federation disciplinary decisions for breach of natural justice and failure to comply with Ethics Code formalities.
Judicial review – certiorari – procedural fairness and natural justice in disciplinary proceedings; compliance with TFF Ethics Code (rules 56, 57, 58, 69) – validity of decision (signatures, composition, date, grounds); affidavit verification and jurat formalities.
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30 November 2018 |
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Leave to appeal granted against a rule 29(3) dismissal; rule 29(4) does not bar appeal and preliminary objection was untimely.
Appellate procedure – s.5(1)(c) Appellate Jurisdiction Act – scope includes High Court rulings; Commercial Division Rules – rule 29(3) dismissal and rule 29(4) remedy; preliminary objections – timing and propriety; leave to appeal – arguable points of law deserving Court of Appeal consideration.
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30 November 2018 |
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Conviction quashed where trial court failed to evaluate evidence, give reasons, and the child witness identification lacked credibility.
Criminal law – Unnatural offence – Burden to prove guilt beyond reasonable doubt; Evaluation of evidence – obligation to analyse and give reasons for conviction; Child witness evidence – voir dire and credibility; Identification evidence – inconsistencies and absent eyewitnesses; Failure to consider defence – effect on safety of conviction.
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29 November 2018 |
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Conviction for statutory rape quashed where victim’s age was not proved and the defence was not properly considered.
Criminal law – Statutory rape – Age of victim is a fundamental element that must be proved by evidence under Sections 130 and 131 of the Penal Code. Criminal procedure – Fair hearing – Trial court must demonstrate consideration of accused’s defence and explain findings. Evidentiary proof – PF3 and medical evidence insufficient where victim's age is not proved.
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29 November 2018 |
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Leave to appeal granted on arguable illegality in winding-up proceedings despite applicant not being an original party.
Commercial law – leave to appeal; winding-up proceedings; standing of non-party to seek leave; alleged illegality and procedural irregularity in appointment/notice; affidavit admissibility; preliminary objection notice requirement.
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28 November 2018 |
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Review application filed beyond limitation period where drawn order was extracted earlier, therefore dismissed with costs.
Limitation of actions – review applications – whether time runs from extraction date of drawn order or date of issuance to party; Law of Limitation Act s.19(2) exclusion; preliminary objections – when they may be raised; procedural/formatting non‑compliance not a pure point of law.
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28 November 2018 |
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Acquittal affirmed for lawful land transfer; separate convictions quashed due to illegal evidence and jurisdictional defects.
Criminal law – evaluation of prosecution evidence – acquittal upheld where transfer of land followed valid court order. Evidence – cautioned and extrajudicial statements – inadmissible if recorded beyond statutory time limits; such statements must be expunged. Evidence – search and seizure & chain of custody – failure to comply undermines admissibility of exhibits. Criminal procedure – defective charge sheet / wrong statutory citation can vitiate trial; DPP consent and certificate of jurisdiction must correctly correspond to charged provisions. Remedies – conviction quashed and sentence set aside; retrial discretionary and may be refused where evidence is insufficient or prosecution gaps would remain.
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28 November 2018 |
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Court ordered amendment for misdescribed defendant and refused relief against a non‑party bank without joinder.
Civil procedure — preliminary objections — misjoinder/misdescription of parties — plaintiff sued wrong/entity misdescribed — relief sought against non‑party — court may add parties (Order I r.10(2) CPC) but may order amendment — misjoinder not fatal (Order I r.9 CPC) — preliminary objections as pure point of law.
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28 November 2018 |
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Court granted extension to a prisoner to file notice and petition of appeal out of time due to lack of prison advice.
Criminal Procedure Act s361(2) — extension of time to file notice of appeal; s361(1)(a) — requirements for notice; s363 — prisoners may process appeals through prison officers; prisoners' right to appeal; delay caused by lack of prison advice; leave to file notice and petition out of time.
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28 November 2018 |
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A convicting judgment that fails to specify the offence and legal provision pursuant to s.312(2) CPA vitiates the conviction and must be quashed.
Criminal procedure – Judgment writing – Section 312(2) CPA – Convicting judgment must specify offence, statutory provision and punishment. Non-compliance with statutory requirements of a judgment is fatal – conviction and sentence vitiated. Remedy – set aside judgment, quash conviction and remit file for a compliant judgment.
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28 November 2018 |
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Court grants extension of time to file a notice of appeal after an appeal was struck out as time-barred.
Criminal procedure – appeal struck out as time-barred – jurisdiction of the High Court over time-barred matters – dismissal versus striking out – extension of time to file Notice of Appeal.
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28 November 2018 |
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Conviction quashed where prosecution failed to prove burglary and theft beyond reasonable doubt; uncorroborated unwritten confession insufficient.
Criminal law – Burglary and theft – Proof beyond reasonable doubt required. Evidence – Alleged extra‑judicial confession not reduced to writing – limited probative value without police testimony or corroboration. Evidence – Footprints and absence of stolen property on arrest insufficient to prove guilt. Procedure – Failure to call investigating officers weakens prosecution case; convictions unsafe if evidence uncorroborated.
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28 November 2018 |
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Applicant failed to show sufficient cause for extension of time to appeal; application dismissed with costs.
Civil procedure – extension of time – sufficient cause – applicant's sickness and prosecution of other proceedings – evidentiary requirement to produce supporting documents; internal inconsistency of pleaded dates undermines credibility.
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27 November 2018 |
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Court allowed 30-day extension where an otherwise timely appeal was struck out for technical defects, permitting a fresh appeal.
Appellate procedure — extension of time under s.11(1) AJA — distinction between real delay and technical defects — striking out for improper exhibits — negligence in filing incompetent appeal does not automatically defeat extension — authorities: Fortunatus Masha; Yara Tanzania Ltd v DB Sapriya.
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27 November 2018 |
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An appeal missing the decree required by Order XXXIX r.1(1) CPC is incompetent and is struck out with costs.
Civil procedure — Appeal — Memorandum of appeal must be accompanied by a copy of the decree — Order XXXIX r.1(1), Civil Procedure Code (Cap 33 R.E.2002) — Noncompliance renders appeal incompetent — Appeal struck out with costs.
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27 November 2018 |
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The applicant's application to register arbitral awards under section 17 was granted; awards ordered registered as court decree.
Arbitration – Registration of arbitral awards under section 17 of the Arbitration Act; proof of payment of court fees; registration by Deputy Registrar to form part of court decree.
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27 November 2018 |
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Whether the applicant must plead jurisdictional facts in a specific paragraph or they may be inferred from the pleadings as a whole.
Civil procedure – Order VII Rule 1(f) CPC – requirement that plaint contain facts showing court’s jurisdiction – whether jurisdictional facts must appear in a single paragraph or may be inferred from the plaint as a whole; Commercial Division – necessity to show commercial nature of dispute.
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27 November 2018 |
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27 November 2018 |
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Plaintiff’s challenge to registry rectification must proceed by statutory appeal (petition) under the Land Registration Act, not a fresh suit.
Land Registration Act (Cap. 334) – Section 99 (rectification) and Section 102 – statutory right of appeal to High Court for decisions/orders/acts of the Registrar; appeal by petition under s.102(3). Civil Procedure Act (Cap. 33) – Section 7(2) – limits of declaratory relief where statutory appeal mechanism exists. Procedure – jurisdictional challenge: fresh suit versus statutory appeal.
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27 November 2018 |
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Challenge to Registrar’s rectification required statutory appeal under the Land Registration Act, so the original suit was struck out with costs.
Land Registration Act — rectification of land register — appeals against decisions, orders or acts of the Registrar — mandatory appeal under section 102(1) and procedure by petition under section 102(3). Civil Procedure Act s7(2) — limits on declaratory relief where the grievance is one for appeal; discretion to grant declarations not available where appellate remedy is prescribed. Jurisdiction — original suit challenging Registrar’s rectification is improper; such matters require statutory appeal. Suit struck out for lack of jurisdiction to entertain original proceedings where appeal route is available.
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27 November 2018 |
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Conviction for gang armed robbery upheld: identification, recent possession and admissible caution statements proved guilt beyond reasonable doubt.
Criminal law – Gang armed robbery – Visual identification in daylight; proximity, prior acquaintance and immediate arrest. Criminal procedure – Reasoned judgment – requirement to evaluate defence evidence; judgement must show consideration of all material evidence. Evidence – Recent possession doctrine and chain of custody established by seizure certificates. Evidence – Minor contradictions curable under section 388 CPA. Criminal procedure – Caution statements – compliance with sections 50 and 51(1) CPA; admissibility and timing.
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26 November 2018 |
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Advocate's negligent advice does not justify extension of time; alleged illegality must appear on the face of the record.
Matrimonial property — application for extension of time to appeal — discretion to extend time — negligence of counsel not sufficient excuse — illegality as ground for extension only if on the face of the record — duty to account for all periods of delay (Lyamuya).
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26 November 2018 |
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26 November 2018 |
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Appellant failed to prove breach of a film-production contract; the appeal is dismissed and no costs awarded.
Contract law – breach of contract – proof on balance of probabilities – credibility of witnesses – ambiguity in contract terms – failure to complete performance due to lack of funds – remedy: appeal dismissed, no costs.
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26 November 2018 |
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Closure notice stopped new orders but did not cancel prior orders; appellant failed to prove post-closure deliveries or unpaid pre-closure invoices.
Contract — effect of notice of closure on pre-existing purchase orders; burden of proving delivery — requirement for delivery notes or receiving officers; evidential value of adverse party's documents; pleadings binding parties; assessment of oral testimony where original documents lost.
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26 November 2018 |
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Summary judgment for bank against borrower and guarantors for unpaid loan with contractual and post-judgment interest.
Commercial law – summary judgment – defendants' leave to appear and defend struck out as defective – summary judgment under Order XXXV r.2(2)(a) CPA and r.68(c) High Court (Commercial Division) Procedure Rules; guarantors' joint and several liability; contractual and penal interest; post-judgment interest; costs.
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26 November 2018 |
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26 November 2018 |
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Extension granted: prison transfer and alleged late service/loss of notice constituted good cause to file appeal out of time.
Criminal Procedure Act s.361(2) – extension of time – "good cause" requirement. Filing Notice of Appeal – no mandatory requirement to attach judgment or proceedings to a notice. Proof of late service or loss of filed documents – contextual assessment; transfers and prison officers' handling can justify delay. Discretionary relief – court to exercise judicially and distinguish authorities on facts.
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23 November 2018 |
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Acquittal upheld where prosecution failed to prove knowledge, intent and preliminary hearing formalities were unmet.
Criminal law – PCCB Act s22 – use of documents to mislead principal – elements: knowledge of falsity and intent to mislead. Criminal procedure – CPA s192 – preliminary hearing memorandum must be read over and explained to the accused; failure bars deeming facts proved. Burden of proof – prosecution must prove guilt beyond reasonable doubt; evidentiary gaps and failure to call key witnesses undermine conviction. PCCB Act s31 (abuse of position) and s28(1) (embezzlement) – require proof of intentional advantage and misappropriation respectively.
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23 November 2018 |
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Court corrected a drawn order under s.96 CPC and certified a point of law on witness competence in title disputes.
Civil Procedure Code s.96 — correction of clerical/accidental slips or omissions in drawn orders; limited remedial power. Leave to appeal — correction of drawn order to reflect grant of leave to appeal. Certification of point of law — court may certify issues for the Court of Appeal where omission occurred. Evidence law — certified question on competence of an interested party who did not defend to testify about passing title without first proving own title.
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23 November 2018 |
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Second appeal dismissed as time‑barred; waiting for judgment copy and payment of fees do not excuse late filing.
Appeals — Time limit for appeals under s.25(1)(b) Magistrate’s Court Act — Appeals originating from Primary Courts — Waiting for copy of judgment does not extend or suspend the 30‑day appeal period — Payment for copies not good cause for delay.
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23 November 2018 |
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An applicant's leave-to-defend in a mortgage summary suit is incompetent if it cites the wrong enabling provision.
Civil procedure – Summary suit arising from mortgage – Leave to appear and defend must be sought under Order XXXV rule 3(1)(c) (Mortgage Financing (Special Provisions) Act 2008). Civil procedure – Competence – Wrong citation of enabling provision renders application incompetent (court not properly moved). Civil procedure – Affidavit requirements – Objection that supporting affidavit contains matters not within deponent's personal knowledge (Order XIX r.3(1)) raised but not decided.
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23 November 2018 |
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Court allowed amendment of a technically defective bill and taxed costs at Tshs. 26,577,840.25, reducing excessive instruction fees.
Taxation – Bill of costs – Compliance with Order 55 of Advocates Remuneration Order 2015 – procedural non-compliance curable where no prejudice shown; Costs – Instruction fees – application of scale and reduction where matter did not proceed to full trial; Attendance fees – allowance at modest fixed sums where hours not specified; Disbursements – court fees taxed as presented.
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23 November 2018 |
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Failure to produce the statutory certificate of seizure and establish chain of custody vitiated the prosecution's case; convictions quashed.
Wildlife offences – unlawful entry and possession of government trophies; evidential foundation and chain of custody – requirement for statutory certificate of seizure (s.22(3)(ii), Economic and Organised Crime Control Act); failure to label/tender exhibits and establish custody vitiates prosecution case; burden of proof beyond reasonable doubt.
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23 November 2018 |
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An application was struck out for being incompetent due to imprecise citation of the enabling statutory provision.
Civil procedure — Probate and administration — Application for revocation of letters of administration — Wrong citation of enabling statutory provision (Section 49) renders application incompetent — Defective affidavit issue unnecessary where primary defect fatal — Application struck out.
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23 November 2018 |
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Application for extension of time struck out for procedural defects; leave granted to refile within seven days.
Civil procedure – appeal – extension of time – requirement to lodge a Notice of Appeal before applying for leave. Probate – non-joinder – Administrator General’s role and necessity of joining proper parties in probate-related applications. Procedural defects – striking out defective applications; leave to refile; costs.
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23 November 2018 |
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Citation of a non-existent statutory edition is a curable error; applicant ordered to rectify summons within seven days.
Procedure — Preliminary objection — Wrong or non-existent statutory citation — Whether citation error renders application incompetent or curable — Amendment/rectification of chamber summons allowed — No order as to costs.
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23 November 2018 |
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A court lacking jurisdiction to determine land ownership renders its proceedings, judgment and decree a nullity.
Jurisdiction – land disputes – ownership and disposition of land fall within forum established by Land Act and Land Disputes Courts Act (Cap 216 R.E.2002); proceedings by a court lacking jurisdiction are nullities.
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23 November 2018 |
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Application for letters of administration struck out due to materially inconsistent affidavit undermining applicant's entitlement.
Probate and administration – application for letters of administration – applicant’s identity and relationship to deceased – material inconsistencies in affidavit – affidavit as substitute for oral evidence – credibility and entitlement to administration.
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23 November 2018 |
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23 November 2018 |
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Application for extension of time to seek leave to appeal dismissed as applicants’ delay was not adequately explained.
Civil procedure — extension of time to apply for leave to appeal — explanation for delay — awaiting copies of judgment — filing for copies made out of statutory time — insufficient excuse. Amendment to s.47(1) LCDA — retrospective effect contested but not determined by trial court.
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22 November 2018 |
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Typographical mis‑titling of a ruling and variance with the drawn order rendered the appeal incompetent; appeal struck out.
Civil procedure – defective form of judgment/ruling – typographical error in court title – correction under sections 95 and 96 CPC – variance between ruling and drawn order – appeal incompetence – striking out of appeal.
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22 November 2018 |
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The applicant's contractual claim was time‑barred; liquidation appointment excluded time but the suit remained filed out of time.
Limitation of actions – Law of Limitation Act (Cap 89) – s3 and s22 – accrual of cause of action for contract claims – liquidation appointment as stay of proceedings excluding period from computation – preliminary objection as pure point of law.
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22 November 2018 |
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Applicant wrongly sought extension of time under the Law of Limitation Act instead of the Land Disputes Courts Act; application struck out.
Civil procedure — Extension of time to appeal — Whether Law of Limitation Act s.14(1) may be used to extend time to appeal decisions of the District Land and Housing Tribunal; Statutory interpretation — Where a specific statute (Land Disputes Courts Act s.41(2) as amended) provides for extension of time, general limitation provisions do not independently confer the same relief; Preliminary objection — Competency of proceedings and striking out incompetent applications.
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21 November 2018 |