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Citation
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Judgment date
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| February 2018 |
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Delivery of a ruling instead of a judgment after inter partes hearing nullified proceedings and required a retrial.
Civil procedure – Mandatory pronouncement of judgment after inter partes hearing (Order XX Rule 1 CPC) – Ruling in place of judgment fatal – Section 96 CPC inapplicable to convert ruling into judgment – Appeal defective where memorandum not accompanied by judgment/decree (Order XXXIX Rule 1 CPC) – Proceedings nullified and retrial ordered – Capacity of unregistered association represented by chairperson considered sufficient for purposes of representation.
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28 February 2018 |
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Convictions quashed where prosecution failed to prove forgery, use of false vouchers, and confession was improperly admitted.
Criminal law – Forgery – Essential ingredients: making the document, document false, and intent to defraud – requirement of handwriting comparison/expert evidence under s.75 Evidence Act. Criminal law – Use of documents intended to mislead principal – knowledge of falsity is essential. Criminal procedure – Admissibility of confessional statements – mandatory requirement to read contents to accused. Evidence – Failure to show disputed documents to witnesses undermines proof of handwriting/signature.
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28 February 2018 |
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An application for extension of time to file a notice of appeal citing the wrong statute is incompetent and struck out.
Appellate Jurisdiction Act s11(1) – extension of time to give notice of intention to appeal; non‑citation of enabling statute renders application incompetent; s10(1) AJA does not empower extension of time for notices of appeal.
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28 February 2018 |
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Village council cannot allocate land already lawfully owned and possessed by the respondent; appeal dismissed with costs.
Land law – allocation by Village Council – Whether council may allocate land already lawfully owned and possessed by another – allocation invalid unless possession or ownership legally terminated. Evidence – purchase and continuous occupation – effect on claims of encroachment and superior title. Civil procedure – non-joinder/misjoinder – not fatal where dispute can be determined between parties and sellers yielded possession. Relief – trial tribunal’s order to divide land – appellate tribunal’s power to set aside irregular division.
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28 February 2018 |
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Alleged illegality in the impugned decision constitutes sufficient cause to grant extension of time to appeal.
Civil procedure – Extension of time to appeal – Rule 3 GN No. 312 of 1964 and section 25(1)(b) Magistrates Courts Act – illegality of impugned decision as sufficient cause for extension. Delay in supply of judgment by first appellate court considered as part of circumstances. Reliance on Veronica Fubile v National Insurance Corporation and others: illegality excuses delay requirement.
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27 February 2018 |
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27 February 2018 |
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Claim for demolition compensation dismissed for res judicata, lack of proper jurisdiction and failure to prove losses.
Land dispute — res judicata — prior District Land & Housing Tribunal proceedings and appeals bar re-litigation by parties who did not appeal; Competency and jurisdiction — Land Disputes Courts Act requires land disputes and compensation claims to be instituted at appropriate land tribunals (Ward/District) before higher courts; Burden of proof — claimant must substantiate demolition and quantify loss to civil standard; Superior courts’ findings on ownership materially affect subsequent claims.
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27 February 2018 |
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Plaintiffs proved ownership and are entitled to vacant possession; damages denied for lack of pleaded and proved particulars.
Land law – ownership and village land allocations – s.15(1) Village Land Act; trespass – entitlement to vacant possession; damages – requirement for specific pleading and proof; costs – discretionary waiver.
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27 February 2018 |
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Court refused extension of time to appeal because applicants failed to show sufficient cause or account for the delay.
Extension of time – Magistrates' Courts Act s25(1)(b) – discretion to grant extension – sufficient cause required – applicants must account for each day of delay and show diligence – illness/death of relative as cause – evidential timing and lack of explanation – no asserted illegality of impugned decision.
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27 February 2018 |
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An appellate court lacks jurisdiction to determine an appeal dismissed for want of prosecution unless the dismissal is first set aside.
Civil procedure – appeal dismissed for want of prosecution – no record of application to set aside dismissal – appellate court lacked jurisdiction – decision quashed and set aside – pending application for extension of time to be determined first.
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27 February 2018 |
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Extension of time granted to the applicant after appeal was struck out due to a trial court's defective decree.
Civil procedure — extension of time — defective decree bearing two dates — court error — substantive justice prevails over procedural technicalities — Law of Limitation Act s.14(1) and CPC s.95.
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27 February 2018 |
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27 February 2018 |
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A defective charge sheet citing a wrong or non-existent provision vitiates the trial and warrants quashing of conviction.
Criminal procedure – defective charge sheet – wrong/non-existent statutory citation – lack of particulars – unfair trial – incurable defect – nullification of proceedings; conviction quashed; sentence set aside.
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26 February 2018 |
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A charge sheet that fails to cite the correct statute and particulars renders the trial a nullity and conviction invalid.
Criminal procedure – Charge sheet requirements – must describe offence and cite correct statutory provision (s.135 CPA); defective charge vitiates trial. Defective particulars – prejudice to defence; inability to know nature of offence renders trial a nullity. Section 388(1) – cannot cure defectively framed charge.
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26 February 2018 |
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Whether preliminary objections raised outside pleadings are permissible and effect of concession where an amended petition introduces new matters.
Civil procedure – preliminary objections – Order VIII Rule 2 CPC – whether points of law must always be pleaded with the written statement of defence; exceptions allowing P.O.s to be raised before judgment. Elections – amended election petition – introduction of new facts, vagueness and departure from original pleadings – striking out as appropriate remedy. Procedural law – effect of concession to preliminary objections and implications of failure to record concession.
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26 February 2018 |
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26 February 2018 |
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Court dismissed preliminary objections, finding commercial jurisdiction and that the plaint discloses a cause of action; factual issues reserved for trial.
Commercial jurisdiction – scope of High Court (Commercial Division) Procedural Rules GN 250/2012 – Rule 3 and Rule 5(2) – pecuniary threshold and commercial significance Cause of action – sufficiency of pleaded facts to found judicial redress (Stanbic Finance principle) Preliminary objections – requirement of a pure point of law (Mukisa test); factual issues (consideration/licence) must be determined on evidence
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26 February 2018 |
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Court affirmed jurisdiction and dismissed defendants' objections on foreign‑judgment enforcement, cause of action and second plaintiff's locus standi.
Commercial division jurisdiction; enforcement of foreign judgment/order; preliminary objections (Mukisa Biscuit test); cause of action against subsidiary; locus standi of co‑plaintiff.
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26 February 2018 |
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Applicant's extension to file defence granted: application timely and principal officer’s serious illness constituted sufficient cause.
Civil procedure — Extension of time — Rule 20(1)–(3) High Court (Commercial Division) Procedure Rules — ten-day rule — when period runs from date of court order. Civil procedure — Sufficient cause — section 68(e) Civil Procedure Code — serious illness of principal officer (medical evidence) as grounds for extension. Procedural competency — distinction between summons to appear and summons to file defence affects computation of time.
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26 February 2018 |
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An assessor absent for part of the hearing cannot later participate in judgment; such participation nullifies the tribunal’s proceedings.
Land Disputes Courts Act/Regulations – composition of tribunal – participation of assessors – assessor absent for part of hearing cannot later participate in decision; procedural irregularity nullifies proceedings.
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26 February 2018 |
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26 February 2018 |
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Conviction based solely on weak night-time visual identification was unsafe; retrial de novo before a different magistrate ordered.
Criminal law – Identification evidence – Visual identification at night – necessity to prove source and intensity of light, distance, duration and familiarity to exclude mistaken identity. Criminal law – Recent possession – requirement to prove identity/peculiar marks of recovered property before inferring guilt. Criminal procedure – Admissibility/voluntariness of caution/confession statements – need for proper scrutiny. Judgment writing – duty to analyse and weigh evidence and to consider defence; failure may render conviction unsafe.
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26 February 2018 |
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23 February 2018 |
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Court granted extension of time to appeal, finding applicant’s PhD absence and prompt action after execution notice sufficient cause.
Land law — Extension of time to appeal under section 38(1) Land Disputes Courts Act — service by publication and absence while pursuing studies — sufficiency of cause — delay not inordinate where applicant acted promptly after execution notice — leave to appeal out of time granted.
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23 February 2018 |
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Applicant failed to show sufficient cause for extension of time to file appeal; application dismissed with costs.
Extension of time – sufficient cause required – discretionary power exercised judicially; proof of receipt of communications – annexure letter without evidence of receipt insufficient; requirement to account for each day of delay – applicant must explain delay; inaction/negligence not sufficient cause.
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23 February 2018 |
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Application for extension of time denied where applicant failed to prove sufficient cause or receipt/follow-up of proceedings.
Civil procedure – extension of time – application to extend time to file appeal – need for sufficient cause – burden of proof – mere assertions and unproven letters do not satisfy requirement.
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23 February 2018 |
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Applicant’s unproven follow‑up and unsupported letter failed to establish sufficient cause for extension of time.
Application for extension of time – requirement of sufficient cause – need for objective evidence and account of each day of delay – mere letter without proof of receipt or follow-up insufficient – inaction or negligence not sufficient cause.
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23 February 2018 |
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Review granted to correct judgment date; matrimonial appeal found time‑barred under Law of Marriage Act s80(2) and struck out.
Civil procedure – Review for error on the face of the record – Correction of judgment date and consequent effect on limitation period for appeal. Family law – Appeals in matrimonial proceedings – Time limit under section 80(2) of the Law of Marriage Act is 45 days. Procedure – Time‑barred appeals – Filing beyond statutory period results in striking out of the appeal.
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23 February 2018 |
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Reported
A claim for misfeasance in public office failed due to insufficient evidence of wrongful acts during execution of a court decree.
Tort – Misfeasance in public office – Execution of court decrees – Burden of proof where fraud or abuse of power is alleged – Abetment – Requirement for primary liability – Civil procedure – Dismissal for lack of proof
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23 February 2018 |
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Plaintiff failed to prove misfeasance in public office or abetment; evidence of fraudulent execution was insufficient.
Civil procedure – tort of misfeasance in public office – required mental element: targeted malice or knowledge of lack of power with probable injury. Evidence – burden and standard: claimant must discharge primary burden; heightened proof where civil claim alleges criminality (fraud/forgery). Execution of decrees – validity of warrants, role and licensing of court brokers.
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23 February 2018 |
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Application for extension of time denied: applicant failed to show sufficient cause for inordinate, unexplained delay.
Civil procedure – Extension of time – Requirement to show sufficient and reasonable cause for delay – Negligence of applicant or counsel not sufficient. Appeals from primary court – Attaching certified copies of judgment and proceedings not a condition precedent. Delay – unexplained and inordinate delay defeats application for extension of time.
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23 February 2018 |
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Application for guardianship by a foreign volunteer dismissed for failure to prove existing guardian/carer status and contradictory evidence.
Family law – Guardianship and custody – Requirement under Law of the Child Act s.37(1) that applicant be a parent, guardian or relative actually caring for the child – Evidence and affidavit must demonstrate carer/guardian status. Evidence – Inconsistency between affidavit and oral submissions undermines credibility and sufficiency of proof. Children – Best interests paramount but statutory prerequisites must be met. International elements – Law does not specifically provide guardianship procedure for foreigners (contrast with adoption).
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23 February 2018 |
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Affidavits must not contain argumentative grounds and, after High Court refusal, leave must be sought at the Court of Appeal under Rule 45(b).
Civil procedure – affidavits – extraneous/argumentative matter – offensive paragraphs to be expunged from record. Appellate procedure – leave to appeal – where High Court has refused leave, applicant must apply to Court of Appeal under Rule 45(b) GN No. 368. Expunction – if offensive paragraphs are consequential, their removal may leave the application unsustainable.
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23 February 2018 |
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23 February 2018 |
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Court stayed execution pending appeal, finding no proved sale and that the appeal raised arguable issues.
Civil procedure – Stay of execution pending appeal – Appeal does not automatically operate as stay – Stay granted where execution would render appeal nugatory or cause hardship; Execution – Notice requiring payment and disposition (sale) of property on default – disposition/sale required, not handing over; proof of sale necessary to complete execution.
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23 February 2018 |
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A contractual dispute, not an agency theft, cannot sustain a criminal conviction; conviction quashed and matter is civil.
Criminal law — mischaracterisation of a contractual dispute as stealing by agent; absence of principal–agent relationship; oral agreements valid; civil remedy appropriate where alleged non-delivery of goods occurs.
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22 February 2018 |
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22 February 2018 |
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Disciplinary suspension upheld where an advocate sued his own client and obstructed settlement payments.
Advocates' disciplinary proceedings – compliance with Rule 3 (application and affidavit); issues framed at Ruling stage; annexures to affidavits as evidence; standard of proof in disciplinary proceedings; sanction proportionality – five-year suspension upheld.
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22 February 2018 |
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An advocate’s suspension for withholding client funds and obstructing enforcement is upheld; appeal dismissed with costs.
Advocates disciplinary procedure – compliance with Rule 3 (application and affidavit); Framing of issues at Ruling stage – issues apparent from affidavits and evidence; Admissibility – annexures to affidavits form part of evidence even if not formally re-tendered; Professional misconduct – withholding client funds, suing client and obstructing enforcement; Sentence – appellate restraint and confirmation of five-year suspension.
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22 February 2018 |
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Leave granted to appeal on whether TRA’s powers and court jurisdiction over a hides-and-skins tax/non-tax dispute were correctly determined.
Appellate procedure – leave to appeal out of time under s.5(1)(c) AJA and Rule 45(a) Court of Appeal Rules. Jurisdiction – whether resident magistrate/ordinary courts have jurisdiction over non-tax revenue matters. Revenue law – classification of a dispute as tax or non-tax and the statutory powers of Tanzania Revenue Authority. Procedural law – amendment of decree on appeal. Subject-matter law – applicability of specific hides-and-skins regulation and the East African Corporation Protocol.
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22 February 2018 |
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A stay of execution based on a withdrawn revision is overtaken by events and is set aside; execution reinstated.
Land law – Stay of execution – Interim stay may be granted where higher court proceedings are initiated – Stay depends on existence of pending proceedings and is extinguished if underlying proceedings are withdrawn or otherwise cease – Appeal competency and procedural irregularities considered.
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22 February 2018 |
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A representative suit filed before obtaining court leave is incompetent and will be struck out with costs.
Civil procedure – Representative suit – Order 1, rule 8 CPC – Leave to file representative action must precede filing of main suit; filing main suit before representation order is incompetent. Procedural irregularity – Existence of both a purported representative suit and a pending application for leave confirms absence of required representation order. Remedy – Suit struck out with costs.
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22 February 2018 |
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Applicant’s illness evidence accepted but insufficient to justify extension; file appeal documents within 30 days, no costs.
Extension of time – sufficient cause – medical incapacitation as cause of delay – evidentiary weight of medical certificates – requirement for opposing party to produce hospital affidavit to disown medical annexure – computation of time where judgment pronounced in two stages.
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22 February 2018 |
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Notice of appeal does not automatically stay execution; failure to furnish court-ordered security for costs leads to dismissal.
Civil procedure — Effect of notice of appeal on execution and jurisdiction — Court of Appeal Rules 2009 r.11(2)(b) — Notice of appeal not an automatic stay but may, in particular circumstances, remove proceedings to the Court of Appeal; Civil procedure — Security for costs — Order XXV CPC — Failure to furnish security within time fixed — Mandatory dismissal of suit.
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21 February 2018 |
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Appellate court improperly set aside trial judgment without crediting respondent's partial admission; trial de novo ordered to resolve discrepancies.
Civil procedure – scope of appellate review – appellate determination of issues not framed at trial; Evidence – weight versus number of witnesses; documentary evidence and cheques – requirement of explanation at trial; Admissions in civil proceedings – recorded admissions are proved; Trial de novo ordered where discrepancies prevent determination of amounts owing.
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21 February 2018 |
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Extension of time granted because prison delay in supplying judgment amounted to sufficient cause and the appeal raised arguable issues.
Criminal procedure — Extension of time to file appeal — Sufficient cause where delay caused by prison authorities’ failure to supply certified judgment — Applicant’s lay status and arguable grounds on appeal relevant to exercise of discretion.
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21 February 2018 |
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Application dismissed and affidavit struck off due to incurable jurat defect; prior order vacated.
Affidavit — Jurat of attestation — Attesting officer must know or be introduced to deponent — Verification must be sworn — Incurably defective affidavit struck off; application dismissed; prior order vacated.
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20 February 2018 |
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Appellant failed to prove lack of consent or existence of sold matrimonial assets; appeal dismissed with no costs.
Family law – Divorce and division of matrimonial assets – Law of Marriage Act section 114 – implied or express consent to disposal of assets – burden to prove existence of assets – appellate review of concurrent factual findings.
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20 February 2018 |
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Application for revision struck out because supporting affidavit contained grounds of appeal, not facts, rendering it incompetent.
Civil procedure — Revision under Magistrates’ Courts Act s.44(1)(a) & (b) and Civil Procedure Code s.79(1) — scope and appropriate procedure. Civil procedure — Preliminary objections — distinction between pure points of law and substantive issues requiring full hearing. Civil procedure — Affidavit requirements — Order XIX Rule 3(1) and Order XLIII Rule 2 — affidavits must state facts within deponent’s knowledge and not grounds of appeal or legal argument (Commissioner of Prisons, ex parte Matovu). Practice — Severability — when offending paragraphs constitute the gist and render the affidavit incurably defective.
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20 February 2018 |
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Revision application struck out because supporting affidavit contained grounds of appeal and was incurably defective; costs awarded.
• Civil procedure – revision v appeal – applicability of s.44(1)(a),(b) Magistrates' Courts Act and s.79(1) Civil Procedure Code.
• Civil procedure – preliminary objections – competence and affidavit defects as points of law.
• Evidence – affidavits – must contain facts within deponent’s knowledge or verifiable belief; not grounds of appeal or legal argument (Matovu principle).
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20 February 2018 |