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Citation
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Judgment date
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| March 2018 |
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The taxing officer significantly reduced the decree holders' bill, allowing TShs.15,870,000 and disallowing the remainder.
Taxation of costs; instruction fees — scope and limits under Advocate Remuneration Order, 2015; perusal/consultation/drafting and service as part of instruction fees; allowance of reasonable court attendance fees; exclusion of items relating to separate proceedings from consolidated bill.
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28 March 2018 |
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An appeal dismissed as time-barred cannot be revived in the same court by an application for extension of time.
Limitation Act (Cap. 89 R.E. 2002) – Section 3(1) – proceedings instituted after prescribed period to be dismissed. Extension of time – cannot be used to resurrect an appeal already dismissed as time-barred. Functus officio – court lacks competence to revive a matter once finally disposed of by dismissal for limitation. Remedy against dismissal under s.3(1) – appeal to the Court of Appeal.
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28 March 2018 |
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A court cannot extend time to revive an appeal already dismissed as time-barred; the remedy is an appeal to the Court of Appeal.
Limitation Act (Cap 89) s3(1) – proceedings instituted after prescribed period shall be dismissed. Extension of time (Limitation Act s14(1)) – limits and interaction with s3(1). Functus officio – court’s inability to revive proceedings already dismissed as time-barred. Remedy for dismissal for want of time-bar – appeal to Court of Appeal; not re-opening in same court.
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28 March 2018 |
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28 March 2018 |
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Prosecution failed to prove murder beyond reasonable doubt due to unreliable eyewitness testimony and broken chain of custody for the knife.
Criminal law – Murder – Circumstantial evidence – eyewitness credibility – chain of custody and certificate/receipt of seizure – admissibility and weight of exhibits – burden of proof beyond reasonable doubt.
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28 March 2018 |
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Circumstantial defects, unreliable eyewitness testimony and broken chain of custody led to acquittal for murder.
Criminal law – murder – circumstantial evidence – requirement that facts exclude every reasonable hypothesis of innocence; evidence of eyewitness reliability (contradictions, lighting); chain of custody and s.38(3) CPA receipt requirement for seized exhibits; failure to call independent witnesses to recovery undermines exhibit's probative value.
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28 March 2018 |
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28 March 2018 |
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Claim premised on breach of contract improperly filed as a land case; suit struck out with costs.
Land law — classification of proceedings — cause of action determines whether matter is a land case; pleading construes contract vs land dispute; preliminary objections — locus standi and cause of action intertwined; Mukisa test for points of law.
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28 March 2018 |
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Applicant’s illness did not sufficiently account for inordinate, unexplained delay; extension of time refused.
Civil procedure – Extension of time – Applicant must account for all periods of delay; Lyamuya criteria applied; medical evidence insufficient to justify delay; inordinate and unexplained delay disentitles applicant to extension.
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27 March 2018 |
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Appeal dismissed for failure to show reasonable cause for delay in seeking extension of time to appeal.
Civil procedure – Extension of time to appeal – Magistrates Courts Act s.20(4) – discretionary power to extend time – requirement to show reasonable/sufficient cause – affidavit must state grounds for delay – appellate interference with discretion.
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27 March 2018 |
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Reported
Applicant failed to prove compulsory membership requirement; challenge to tax‑stamp regulations dismissed for lack of particulars.
Constitutional law — statutory interpretation of G.N. No. 244/2013 (Regs 4(1) & 23) — freedom of association — right to work and just remuneration — burden to plead particulars under BRDEA — presumption of constitutionality — ultra vires challenge to Copyrights Act.
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27 March 2018 |
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A tax-stamp regulation challenge alleging compulsory membership was dismissed for lack of proof and particulars.
Constitutional law – challenge to Films and Music Products (Tax Stamps) Regulations – whether regulations compel compulsory membership of licensing authority; freedom of association. Administrative/procedural law – requirement to furnish certificate of approval before issuance of tax stamps – lawful regulatory function. Constitutional rights – alleged infringement of right to work and just remuneration – presumption of constitutionality and burden to produce particulars. Evidence – need for particulars and supporting documents in constitutional petitions to rebut presumption of validity.
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27 March 2018 |
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Court granted probate, finding the will valid and appointing the applicants as executrixes subject to filing an inventory within six months.
Probate law – validity of will – court satisfaction of testamentary instrument – issuance of probate where no caveat or objection filed; requirement for executrixes to file inventory within six months.
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27 March 2018 |
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Application to restore appeal dismissed for non‑prosecution denied; vague miscommunication and transport delays not sufficient cause.
Criminal procedure – dismissal of appeal for non‑prosecution – statutory power to dismiss where DPP fails to appear; restoration only on showing "sufficient cause." Proof required for restoration – particularity and evidence of preventing cause; negligence or vague miscommunication/transport excuses insufficient.
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23 March 2018 |
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Court held partial admission and improper bank evidence; respondent ordered to pay Tshs. 3,520,441.55, no costs.
Contract and debt — admission by correspondence — effect of "without prejudice" words; Evidence — sufficiency of statement of account vs primary tax invoices; Bankers’ books and electronic evidence — admissibility requirements (Evidence Act; Electronic Transactions Act); Proof on balance of probabilities — burden shifting after plaintiff’s case; VAT refunds and characterization of post-suit payments as debt.
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23 March 2018 |
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A DPP certificate under section 36(2) Cap.200, once filed, precludes the court from granting bail to the accused.
Criminal procedure — bail — effect of DPP certificate under s.36(2), Cap.200 — a filed certificate fetters court’s discretion to grant bail. Statutory interpretation — DPP powers under Cap.200 — certificate need not state reasons to be effective. Procedural issue — timing of filing and abuse of process — presence of certificate on record precludes grant of bail.
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23 March 2018 |
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Primary Court lacked jurisdiction over estate with registered land; High Court quashed lower courts' proceedings as null and void.
Magistrates’ Courts jurisdiction – Primary Court limited to customary or Islamic law in probate matters – No jurisdiction where estate includes registered land; High Court jurisdiction under Probate and Administration of Estates Act; revisional powers to quash null and void proceedings for lack of jurisdiction.
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22 March 2018 |
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Primary courts lack jurisdiction over probate matters involving registered land; such proceedings are null and void and subject to revision.
Primary Court jurisdiction — Probate and administration of estates — Exclusion where estate affects land registered under the Land Registration Act — Magistrates' Courts Act s18(1)(a)(i) and Fifth Schedule Item 1(1) — High Court jurisdiction under Probate and Administration of Estates Act s3 — Revision for jurisdictional illegality under MCA s30.
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22 March 2018 |
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Primary Court lacked jurisdiction over probate involving registered land; High Court quashed Primary and District Court proceedings.
Jurisdiction – Primary Court limited to estates governed by customary or Islamic law – matters affecting registered land excluded under s.18(1)(a)(i) and Fifth Schedule to the Magistrates' Courts Act. Probate – High Court jurisdiction over probate and administration under s.3 of the Probate and Administration of Estates Act. Civil procedure – jurisdictional defects may be raised at any stage; orders made without jurisdiction are null and void and subject to revision.
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22 March 2018 |
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Primary Court lacked jurisdiction over probate involving registered land; High Court quashed lower proceedings and allowed appeal.
Probate jurisdiction – Primary Court limited to estates under customary or Islamic law – exclusion where estate includes land registered under the Land Registration Act (s.18(1)(a)(i) MCA). Probate and Administration of Estates Act – s.3 vests High Court with jurisdiction over probate and administration matters involving registered land. Jurisdictional defect – can be raised at any stage; proceedings without jurisdiction are null and void. Revisionary powers – High Court exercised s.30(1)(i) MCA to quash lower proceedings.
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22 March 2018 |
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Appeal dismissed: identification, voluntariness of cautioned statement, search and prosecution proof found sufficient; conviction upheld.
Criminal law – conviction on strength of prosecution evidence; failure to evaluate accused's defence not fatal where prosecution proves case beyond reasonable doubt. Identification – visual identification at night under charged solar light, prolonged close observation and prior acquaintance sufficient to exclude mistaken identity. Evidence – cautioned statement lawfully admitted after inquiry; statement leading to discovery supports admissibility. Search and seizure – search in accused's absence not per se unlawful; certificate of seizure admissible. Procedure – omission to expressly frame points for determination not fatal if issues were addressed; minor mis-pleading of charge not fatal absent injustice.
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22 March 2018 |
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Reported
Failure to prove agency, fiduciary breach or fraud defeats claim to set aside title and recover damages.
Land — agency: distinction between agent and purchaser; agency requires clear authority and discretion to act for principal. Fiduciary duties — scope: fiduciary duty arises only where one party has discretionary power affecting another's practical legal interests and the latter is vulnerable. Fraudulent inducement — requirements: false representation, knowledge/recklessness, reliance and resultant loss; failure to implead/public officer weakens proof. Titles and public acts — presumption of regularity for documents issued by public authorities; necessity to implead Registrar/Commissioner when challenging title. Evidence — burden to prove fraud and fiduciary breach on balance of probabilities.
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21 March 2018 |
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An illegal sentence for unlawful presence was set aside; applicant released and surrendered to Immigration authorities.
Criminal revision – Illegal sentence – Sentencing under Immigration Act s.31(1)&(2) – Unlawful presence – First offender leniency – Setting aside sentence and surrender to Immigration Department.
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21 March 2018 |
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21 March 2018 |
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Delay in obtaining certified judgment copies is insufficient to justify extension of time to appeal from a Ward Tribunal.
Land law – Extension of time under s.38(1) Land Disputes Courts Act – adequacy of reasons for delay. Civil procedure – appeals from Ward Tribunal – requirement (or not) to attach certified copies of judgment/decree when lodging petition of appeal. Procedural lapse – delay in obtaining judgment copies insufficient to justify extension of time.
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21 March 2018 |
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An appeal unsupported by the appellant’s valid judgment and committal proceedings is incompetent and is struck out.
Criminal procedure — Appeal competency — Requirement that an appeal be supported by a valid judgment and the proceedings/orders dealing with an accused’s committal — Missing commitment proceedings render appeal incompetent; file remitted for compliance with s.226 Criminal Procedure Act.
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21 March 2018 |
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21 March 2018 |
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Failure to enter conviction under section 235(1) is fatal; court quashed judgment and set aside monetary order.
Criminal procedure – Mandatory requirement to enter conviction under section 235(1) – Failure to enter conviction is a fatal irregularity; judgment invalid. District Court – Appeal founded on invalid Primary Court judgment is nullifiable. Remedy – Remittal to enter conviction unnecessary where appellant already served sentence; court may quash judgment and set aside orders. Order for payment made pursuant to invalid judgment is tainted and may be set aside.
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21 March 2018 |
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Failure of a trial court to enter a conviction as required by law renders the judgment invalid and may lead to quashing and discharge.
Criminal law – trial procedure – mandatory requirement to enter a conviction under section 235 when accused is found guilty; failure is a fatal irregularity rendering judgment invalid. Criminal procedure – appellate jurisdiction – appeal founded on an invalid trial judgment may be nullified; appellate court should not entertain such appeal. Remedy – remittal to trial court to enter conviction is usual cure but may be refused where appellant has already served sentence; court may quash judgment and set aside orders to prevent harassment.
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21 March 2018 |
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Conviction quashed for procedural non‑compliance and insufficiency of prosecution evidence proving guilt beyond reasonable doubt.
Criminal procedure – judgment requirements – Section 312(2) CPA – judgment must specify offence and sentence; non‑compliance is an irregularity. Evidence – sexual offences – evaluation of witness testimony and medical report (PF3) – inconsistencies and medical findings may raise reasonable doubt. Appeal – appellate review of sufficiency of evidence where procedural irregularity exists.
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21 March 2018 |
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Court permits judicial review of an academic body's decision canceling a degree and overrules affidavit and citation objections.
Judicial review – Academic decisions – High Court jurisdiction to review administrative measures by academic institutions (e.g., cancellation of conferred degrees). Procedural law – Affidavits – Hearsay and supporting affidavits; when a defect is incurable versus remediable. Civil procedure – Incorrect statutory citation is a slip not necessarily fatal to proceedings. Remedies – Extension of time applications to seek leave for prerogative orders.
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21 March 2018 |
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Change of magistrate without reasons and an unsworn interpreter vitiated the trial, requiring a retrial de novo.
Criminal procedure – Section 214(1) CPA – change of magistrate without stating reasons renders proceedings a nullity; Right to fair trial – interpretation – interpreter must be sworn and interpretation simultaneous; Remedy – retrial de novo before a different magistrate.
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20 March 2018 |
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Appellants’ gang-rape conviction upheld; conspiracy conviction quashed for lack of evidence of prior agreement.
Criminal law – Admissibility of extra-judicial and caution statements – necessity of inquiry into voluntariness before admission. Evidence – Visual identification – reliability where victim spent extended time with accused and corroborative admissions exist. Criminal law – Conspiracy – requires proof of prior agreement/mens rea; absence of such proof defeats the charge. Medical evidence (PF3) – corroboration of sexual assault by documenting injuries.
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20 March 2018 |
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Application struck out as unnecessary because it was filed within the statutory 90‑day limitation period.
Limitation law – statutory 90-day period (item 1, Part 2, schedule to the Law of Limitation Act) – filing within limitation period renders subsequent application unnecessary; application struck out as superfluous; costs.
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20 March 2018 |
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Application struck out as superfluous because it was filed within the 90‑day Limitation Act period.
Limitation Act (Schedule, Part 2, Item 1) – 90-day limitation period – application filed within limitation period – application found superfluous and struck out; party’s legal advisers criticized for lack of diligence; costs awarded.
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20 March 2018 |
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An executive agency cannot be sued in its own name for statutory land compensation claims not arising from contract.
Executive Agencies Act – suability limited to contractual matters; Government Proceedings Act – non-contractual claims against Government/Attorney General; Land Acquisition Act – statutory compensation; preliminary objection striking out incompetent suit.
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19 March 2018 |
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Revision application struck out for incorrect statute citation, citing non-existent law, and wrong choice of remedy.
Land procedure — preliminary objection — incorrect citation of enabling provision; citation of non-existent/rectified statute title; improper choice of revision over objection proceedings; failure to reply to submissions — application struck out; costs awarded.
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16 March 2018 |
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Petitioner satisfied statutory adoption requirements; adoption granted as being in the infant’s best interests, registry to record adoption and new name.
Adoption law; compliance with Part VI Law of the Child Act and Adoption Regulations; social investigation and guardian ad litem report; best interests of the child; inapplicability of parental consent where parents untraceable; registry entry and change of name under ss.69–70.
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16 March 2018 |
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Adoption granted where statutory procedures satisfied, child’s best interests upheld, and registration/name-change ordered.
Adoption law – Law of the Child Act No. 21 of 2009 – Part VI compliance; social investigation and guardian ad litem report; best interests of the child; section 57 (parental consent) inapplicable where parents untraceable; registration and change of name – ss.69, 70.
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16 March 2018 |
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Plaintiff's oral proof of land disposition failed; written sale documents showed title vested in the purchaser.
Property law – proof of title – disposition of right of occupancy requires written contract – oral evidence insufficient; Government buildings – sale by agency – sale documents and contracts establish ownership on balance of probabilities.
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16 March 2018 |
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Appellant’s prior silence and conduct estop her land claim; property held part of deceased’s estate and distributed per will.
Land law – testamentary disposition – whether parcel formed part of deceased’s estate under will – effect of witness conduct and lack of objection. Evidence – estoppel by conduct and silence – section 123 Evidence Act applies where one permits another to believe a state of affairs. Probate/executor rights – executor entitled to administer and distribute estate property per valid will. Civil procedure – appellate review – whether assessor contradictions warranted fresh hearing.
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16 March 2018 |
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Extension of time granted because an arguable jurisdictional illegality justified tolling despite poor accounting for delay.
Civil procedure — Extension of time — Requirements under Lyamuya test: account for delay, inordinate delay, diligence, or existence of important point of law/illegality. Jurisdiction — Whether district court properly heard parentage dispute under the Law of the Child Act — arguable illegality may justify extension of time. Evidence — Applicant’s failure to adequately account for delay and reliance on unverified statements weighed against him.
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16 March 2018 |
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Extension of time granted due to an arguable jurisdictional illegality despite the applicant's unexplained delay.
Civil procedure – Extension of time – requirements: account for delay, not inordinate, diligence, absence of negligence – Lyamuya test applied. Illegality/jurisdiction – alleged lack of jurisdiction under the Law of the Child Act 2009 in parentage proceedings may constitute sufficient reason for extension. Delay and sufficiency of affidavit evidence to explain delay.
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16 March 2018 |
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16 March 2018 |
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Applicant's inordinate delay and negligence did not justify extension of time to appeal; application dismissed.
Extension of time — requirements for sufficient reasons (Lyamuya criteria); applicability of Law of Limitation Act vs Magistrates' Courts Act s25(1)(b) for appeals from District Court in appellate jurisdiction; delay attributable to negligence; Article 107A does not relax mandatory procedural time limits for laypersons.
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16 March 2018 |
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Applicant's unexplained and inordinate delay in filing appeal was negligent; extension of time refused.
Civil procedure — Extension of time — Requirements for granting extension: account for delay, not be inordinate, show diligence, absence of negligence.* Appeals — Time limit for appeals from District Court sitting in appellate jurisdiction against Primary Court decisions — section 25(1)(b) Magistrates' Courts Act — thirty days.* Limitation Act — Inapplicability of Law of Limitation Act to appeals from District Court in its appellate jurisdiction.* Constitutional law — Article 107A does not permit relaxing procedural time limits for lay litigants where noncompliance goes to the root of procedure.* Delay — Late supply of judgment copies and legal research do not automatically constitute sufficient reasons for extension.
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16 March 2018 |
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Appeal allowed: prosecution failed to prove ownership and identity of allegedly stolen donkeys beyond reasonable doubt.
Criminal law – Appeal – proof beyond reasonable doubt – identification and ownership of alleged stolen property – necessity of detailed description and tendering exhibits for identification – failure to match number of items; HASSAN SAID v R applied.
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16 March 2018 |
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Appeal allowed: identification and evidential defects (uncorroborated family testimony, improperly admitted PF3, inadequate proof of rape) quashed convictions.
Criminal law – evidence – family-member witnesses – need for independent corroboration where material events (arrest, witnesses) lack independent testimony. Criminal procedure – admissibility of medical report (PF3) – section 240(3) CPA – accused’s right to require maker’s attendance for cross-examination; improper receipt leads to expungement. Criminal evidence – visual identification – requirements for safe identification (Waziri Amani). Criminal pleading – particulars of offence – variance between charge particulars and evidence may vitiate charge. Sexual offences – rape – need for detailed evidence of penetration/acts, not mere assertion.
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16 March 2018 |
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Eyewitness and medical evidence proved beyond reasonable doubt that the accused intentionally set a petrol fire causing death.
Criminal law – Murder – Proof beyond reasonable doubt – Eyewitness testimony of victims – Alibi and section 194(4) CPA – Use of petrol as evidence of malice aforethought – Post‑mortem corroboration of cause of death.
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16 March 2018 |
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Accused convicted of murder for setting a room ablaze; eyewitnesses and conduct established intent beyond reasonable doubt.
Criminal law – Murder by arson; eyewitness identification of accused pouring petrol and igniting room; alibi notice under s.194(4) Criminal Procedure Act; intent/malice aforethought inferred from weapon/substance used and conduct; weight of contradictory testimony and remote possibilities.
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16 March 2018 |