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Citation
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Judgment date
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| April 2018 |
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An equivocal plea cannot sustain conviction; conviction quashed and matter remitted for fresh plea and proceedings.
Criminal law — Plea of guilty — Equivocal/ambiguous plea — Duty to elicit and record admissions or denials of each element — Conviction founded on equivocal plea unsafe — Conviction quashed and matter remitted for fresh plea.
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30 April 2018 |
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An equivocal guilty plea cannot sustain conviction; court quashed conviction and remitted case for fresh plea and trial.
Criminal law – Plea of guilty – Equivocal or ambiguous plea – Necessity for clear admission or denial of constituent facts – Conviction based on equivocal plea quashed – Retrial ordered – Appeal permissible against imperfect plea despite s.360(1) Criminal Procedure Act.
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30 April 2018 |
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An appellate court quashed a lower court's decision because the appeal to that court was filed out of time without leave.
Matrimonial proceedings — Appeal limitation — Appeal to District Court filed after 30 days — Lack of leave/extension — District Court lacked jurisdiction — Appellate court may raise limitation/jurisdiction issues; delay in obtaining judgment requires extension application.
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30 April 2018 |
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Forgery conviction quashed for defective charge and unproven chain of custody; stealing-by-agent conviction upheld.
Criminal law – Forgery – defective particulars in charge; requirement to prove authorship, falsity and intent to defraud; importance of pleading particulars. Evidence – Documentary exhibits – admissibility limited to documents listed at preliminary hearing; necessity of proving unbroken chain of custody to preserve integrity. Evidence – Cautioned statements – voluntariness; failure to object at trial precludes later attack on admissibility. Theft/stealing by agent – conviction may be sustained by corroborated witness evidence and bank transaction records.
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30 April 2018 |
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Whether defendant owed unpaid commercial invoices and whether plaintiff was entitled to interest and costs.
Commercial sale – unpaid invoices – proof of debt by invoices, delivery notes and debtor's admission; admissibility of 'without prejudice' communication when unchallenged and corroborated; interest on commercial debt (Bank of Tanzania base rate then court rate); general damages not awarded absent special circumstances; costs awarded to successful plaintiff.
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30 April 2018 |
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Leave to appeal granted where arguable legal issues arose on jurisdiction, land-register rectification and abatement of suit.
Appellate procedure – leave to appeal to Court of Appeal – discretionary; granted where grounds raise novel points of law or prima facie arguable appeal. Civil procedure – abatement of suit – whether abatement may be raised at appellate stage and its effect on proceedings. Land law – rectification of land register – limits of court’s power and procedure under section 99 of the Land Registration Act. Probate/administration – qualification of estate administrator and effect of lack of objection on appointment.
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30 April 2018 |
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Applicant failed to account for days of delay and lacked diligence; extension of time to appeal was refused.
Limitation of actions – Extension of time to appeal – Applicant must account for each day of delay and show diligence; failure to explain periods of inactivity defeats application. Authorities: Bushiri and subsequent Court of Appeal decisions confirming requirement to account for every day of delay.
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30 April 2018 |
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Defective charge citing wrong subsections rendered trial a nullity; conviction quashed and sentence set aside.
Criminal procedure – defective charge sheet – necessity to specify correct statutory subsection and particulars (s135 CPA) – charge alleging both s154(1)(a) and s154(2) where victim over ten years – fundamental defect not curable under s388(1) CPA – trial nullity – conviction quashed, sentence set aside.
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30 April 2018 |
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Defective charge mixing incompatible Penal Code subsections rendered the trial a nullity; conviction and sentence quashed.
Criminal law – Charge sheet particulars – Requirement under s.135 Criminal Procedure Act to specify correct statutory provision – Defective charge (mixing s.154(1)(a) and s.154(2)) – Defect not curable under s.388(1) – Trial nullity – Conviction and sentence quashed.
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30 April 2018 |
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A defective charge sheet misdescribing the statutory provision renders the appellant's trial a nullity and conviction void.
Criminal law – Charge particulars – Defective charge sheet specifying wrong/multiple subsections; requirement under s.135 CPA to state essential elements; effect of defective charge – trial nullity; incurability under s.388(1) CPA; remedy – quash conviction and set aside sentence.
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30 April 2018 |
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Wrong statutory citation (not section 25(1)(b) MCA) rendered extension application incompetent and it was struck out with costs.
Application for extension of time; wrong statutory citation; jurisdictional defect; Magistrates' Courts Act section 25(1)(b) governs appeals from district court exercising appellate jurisdiction; wrong citation renders application incompetent; application struck out with costs.
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30 April 2018 |
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High Court: a primary court must appoint an administrator under GN. No.49/1971 and must not determine estate ownership or distribution.
Probate and administration — Primary court powers — Rule 7(2) GN. No.49/1971 — Primary court must appoint administrator and not determine ownership/distribution of estate; challenge to appointment under Rule 9(1). Appeal — scope and remedies where lower court exceeds jurisdiction. Costs — refusal to award costs to preserve family harmony.
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30 April 2018 |
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An appeal without the Notice of Appeal in the trial court record is incompetent and must be struck out.
Criminal appeal — Notice of Appeal — mandatory filing in trial court — absence fatal to competence — copy attached to memorandum insufficient — appeal struck out.
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30 April 2018 |
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Applicant’s failure to account for each day of delay justified dismissal of extension of time to seek leave to appeal.
Extension of time – Applicants must advance sufficient reasons and account for each day of delay – Burden of proof under section 110(1) Evidence Act – Rectification of ruling/drawn order not an automatic excuse for delay.
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30 April 2018 |
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Court granted extension to appeal due to alleged illegality despite unexplained delay in obtaining corrected court documents.
Limitation—extension of time—sufficient cause—duty to extend where alleged illegality—delay in supply or correction of judgment documents—requirement to account for each day of delay.
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30 April 2018 |
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Alleged illegality in the impugned decision justified granting extension of time despite unexplained delay.
Extension of time; sufficiency of cause; requirement to account for each day of delay; alleged illegality in impugned decision as ground for extension; duty of court to permit determination of alleged illegality.
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30 April 2018 |
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Beneficiaries without letters of administration lack locus standi to sue over a deceased’s estate; suit struck out.
Civil procedure — locus standi — beneficiaries versus administrators: beneficiaries without letters of administration lack legal capacity to sue in respect of deceased’s estate. Probate and Administration of Estates Act, s.100 — executor/administrator’s power to sue for causes of action surviving the deceased. Requirement of letters of administration as evidence of authority to represent an estate in court.
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30 April 2018 |
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30 April 2018 |
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Unauthorised charge-sheet alteration and missing seizure receipt rendered the appellant's conviction unsafe; appeal allowed and conviction quashed.
Criminal law — unlawful possession of government trophies; requirement for certificate/receipt of seizure (s.38(3) Criminal Procedure Act); unauthorised alterations to charge sheets render proceedings null; inadmissibility of caution statements where no prior inquiry into voluntariness; retrial discretion and injustice considerations.
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30 April 2018 |
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A charge sheet headed to the police rather than naming the court is fatally defective and vitiates the trial.
Criminal procedure – charge sheet heading – heading determines jurisdiction; defective charge sheet (wrong addressee) renders trial a nullity; defect not curable under section 388(1).
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30 April 2018 |
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A charge sheet must name the trial court; a defective heading renders proceedings a nullity and convictions quashed.
Criminal procedure – Charge sheet heading – must name the trial court; heading determines jurisdiction. Defective charge sheet – renders proceedings a nullity and cannot be cured by section 388(1). Charge requirements – offence known to law; court’s jurisdiction; reflection of offence complained.
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30 April 2018 |
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A charge sheet headed to the police instead of naming the court renders proceedings a nullity and convictions are quashed.
Criminal procedure – Charge sheet heading – Heading must identify the court and determine jurisdiction; a charge headed to the police instead of the court is defective. Jurisdiction – Fundamental requirement that charge shows the court; absence renders proceedings a nullity. Procedural law – Defective charge not curable under section 388(1); conviction and sentence liable to be quashed.
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30 April 2018 |
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Special damages must be specifically pleaded and strictly proved; award and costs granted without such proof were quashed.
Civil procedure – Damages – Special/specific damages must be specifically pleaded and strictly proved before award; Award of damages based on mere reasonableness impermissible; Costs – judicial discretion must be exercised with reasonable justification.
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30 April 2018 |
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Presumption of marriage rebutted by prior valid marriage; property division and maintenance orders set aside.
Law of Marriage Act — presumption of marriage (s.160(2)) — rebuttal by proof of prior valid marriage; Matrimonial property — division requires lawful marriage; Maintenance orders — dependent on legal marriage; Civil procedure — annexures to written submissions not admissible as fresh evidence.
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30 April 2018 |
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Matrimonial appeal dismissed as time‑barred; waiting for a judgment copy did not extend the 45‑day limitation period.
Matrimonial appeals — limitation period under s.80(2) Law of Marriage Act — exclusion for awaiting copy of judgment (s.19 Limitation Act) — applicability only where copy is mandatory — filing procedure under Matrimonial Proceedings Rules r.37 — public holiday extension under Interpretation Act s.60.
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27 April 2018 |
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A conviction based on a charge citing a non-existent provision and omitting the year is a nullity.
Criminal procedure — sufficiency of charge — requirement under s.135 CPA to cite correct statutory provision and state particulars including date/year; Defective charge citing non-existent provision and omitting year renders conviction and sentence nullity; Retrial — discretion to order retrial may be declined where prosecution evidence is materially inconsistent.
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27 April 2018 |
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An appellate court cannot uphold compensation after quashing a theft conviction; alleged debt must be pursued in civil court.
Criminal law – Theft – requirement of intent to permanently deprive; Sentencing – compensation as punishment (s.25(f) Penal Code) and sentencing follows conviction; Appeal – appellate court cannot sustain sentence after quashing conviction; Civil v Criminal – debt recovery is a civil matter.
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27 April 2018 |
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Applicant failed to show sufficient cause for delay in seeking extension to file reference; application dismissed with costs.
Civil procedure — Extension of time under section 14(1) Law of Limitation Act — requirement to show sufficient cause — need to account for each day of delay and supply documentary proof for material assertions; negligence or inaction insufficient.
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27 April 2018 |
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Appellate court upheld equal contribution findings but quashed unsolicited sale, ordering valuation and buy-out option.
Family law – division of matrimonial property – determination of joint contribution to acquisition of asset – concurrent findings of fact respected on appeal. Remedies – sale of matrimonial asset vs independent valuation and buy-out option – unsolicited orders can be quashed. Civil procedure – appellate restraint where lower courts' factual findings concur.
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27 April 2018 |
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The High Court lacks jurisdiction over procurement-related tender disputes; the applicant must appeal to the Public Procurement Regulatory Authority.
Commercial Division — jurisdiction — preliminary objection — procurement dispute arising from intention to award contract — Public Procurement Act and Appeals Rules oust High Court jurisdiction — remedy is appeal to Public Procurement Regulatory Authority — application for injunction struck out.
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27 April 2018 |
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Applicant’s claimed illness did not justify a two-year delay; extension application dismissed with costs.
Civil procedure – extension of time – application to restore struck-out suit – requirements under section 14(1) Law of Limitation Act and Lyamuya guidelines. Evidence of illness – medical certificate must demonstrate incapacity and account for period of delay. Applicant must account for all days of delay; inordinate and unexplained delay disentitles relief.
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27 April 2018 |
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Applicant failed to demonstrate sufficient cause for delay; extension of time to appeal was refused with costs.
Extension of time – requirement to show sufficient cause under section 25(1)(b) of the Magistrate's Courts Act; mere assertion of late supply of ruling without proof is insufficient; applicant must account for each day of delay; inaction or negligence not sufficient cause.
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27 April 2018 |
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Plaintiffs’ attempt to nullify earlier judgment for alleged fraud dismissed as res judicata; court functus officio, suit struck out with costs.
Civil procedure – Res judicata – Section 9 Civil Procedure Act – matter directly and substantially in issue; functus officio – court cannot revisit its final decision absent proper review; sufficiency of pleading fraud – particulars required to impeach prior judgment; preliminary objections disposing of suit.
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27 April 2018 |
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Visual identification lacking necessary particulars cannot safely sustain armed robbery convictions.
Criminal law – Evidence – Visual identification – Necessity to state source and intensity of light, distance and duration of observation; numerous assailants diminishing reliability of identification – Burden to prove offence beyond reasonable doubt.
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27 April 2018 |
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Visual identification at night without details on light, distance or duration is insufficient to support conviction.
Criminal law – Identification evidence – Visual identification at night – Necessity to prove source and intensity of light, distance and duration of observation; large number of assailants undermines reliability. Cautioned statement – grounds irrelevant where primary identification evidence fails; burden of proof not discharged.
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27 April 2018 |
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Taxing Officer allowed instruction fees and most costs, taxing the bill at Tshs.26,195,000 and disallowing Tshs.3,559,900.
Taxation of costs – instruction fees – reasonableness under Ninth Schedule – receipts discretionary under Order 58(1) – taxing officer’s assessment under Order 12(1) – transport allowance under Tenth Schedule – disbursements with receipts allowed.
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25 April 2018 |
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Instruction fee above statutory scale disallowed and entire bill of costs collapsed under Order 48 of the Advocate Remuneration Order.
Advocate Remuneration Order 2015 – Eleventh Schedule item 1(m)(ii) – instruction fees; Order 48 – effect of disallowance exceeding one-sixth – bill of costs collapse; proof of payment/receipt for fees.
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25 April 2018 |
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Applicant failed to justify each day of delay; extension of time to appeal was dismissed.
· Limitation of actions – extension of time to appeal – applicant must show sufficient cause and justify every day of delay. · Law of Limitation Act, s.19(1) – exclusion of time awaiting judgment copies requires evidence that copies were requested. · Juristic persons – internal mandate or institutional procedures do not automatically justify delay. · Civil procedure – court may disregard submissions filed without notice or contrary to court directions.
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25 April 2018 |
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High Court remits record to District Court for retrial after Court of Appeal nullified earlier proceedings.
Criminal procedure – Appeal posture after Court of Appeal order – Where Court of Appeal nullifies proceedings and orders retrial de novo, High Court must remit file to trial court; no appeal remains before High Court.
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25 April 2018 |
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Appellant not legally liable to compensate respondent for past child maintenance incurred before learning he was biological father.
Paternity and maintenance — liability for past child maintenance — knowledge of paternity as determinant of legal obligation; paternal fraud by mother; assessment of evidence and use of customary law.
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25 April 2018 |
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The applicant failed to account for a 26‑month delay; extension of time to appeal was refused.
Extension of time – requirement to account for every day of delay; Affidavit – advocate may depose only to facts within personal knowledge; Consultation among numerous dispersed members and delay in obtaining documents not automatically sufficient cause; Inordinate delay (26 months) may justify refusal of extension; Costs awarded to respondent.
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25 April 2018 |
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Appellate court quashed conviction for obtaining money by false pretence due to unproved payments and missing essential witnesses.
Criminal law – Obtaining money by false pretence – Burden of proof – Essential witnesses and documentary/M‑Pesa evidence – Contradictory and uncorroborated testimony – Conviction unsafe – Appeal allowed.
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25 April 2018 |
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Amendment limiting parties and relief was proper where High Court retrial order bound only the respondent.
Civil procedure — Preliminary objection — point of law — interpretation of High Court order versus issues requiring evidence Land law — scope of High Court remittal for retrial — whether remittal binds all original respondents or only parties to appeal Amendment of pleadings — substitution of deceased party, joining/limiting parties and relief following remittal Tribunal powers — striking out amended application for non‑compliance with appellate order
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24 April 2018 |
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Appellate court upheld loan validity, reduced excessive general damages, confirmed penalty interest, and adjusted the applicant's outstanding debt.
• Contract law – private loan secured by property; validity and capacity to contract; distinction from licensed banking activities.
• Evidence – appellate re‑evaluation of factual finding on repayment (cash payment of Tshs.1,000,000).
• Damages – assessment of general damages for breach of contract; award of nominal damages where loss not proved.
• Penalty clause – enforceability under section 74 of the Law of Contract Act; increased interest on default.
• Costs – no costs awarded on appeal.
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24 April 2018 |
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Whether a private loan agreement's default-interest clause and damages award were enforceable and properly assessed between the appellant and respondent.
Contract law – Loan agreements – enforceability of private loans; Licensing – whether private lender requires business or banking licence; Penalty clauses – enforceability under section 74 Law of Contract Act; Assessment of damages – general damages versus nominal damages; Appellate re-evaluation of primary fact (payment made).
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24 April 2018 |
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Court held a mortgage summary suit was properly for debt recovery, not possession, and dismissed the defendant’s pleading objection.
Commercial law – Mortgage – Summary procedure – Suit for recovery of monies secured by mortgage under Order XXXV (payment vs possession). Civil procedure – Pleadings – Compliance with Order XXXV Rule 6(1)(b) requirements for summary mortgage suits. Preliminary objection – Sufficiency of plaint – objection dismissed.
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24 April 2018 |
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Applicant granted extension to appeal after rectified defective decree, time excluded under Limitation Act section 19(2).
Limitation Act s14(1) – extension of time; s19(2) – exclusion of time for obtaining decree; exercise of judicial discretion – good cause (length and reasons for delay, prospects, prejudice); defective decree and rectification; promptness in applying after rectified decree.
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24 April 2018 |
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Extension of time granted due to defective decree and prompt application after rectification.
Extension of time – discretion under section 14(1) Law of Limitation Act – "good cause" requires consideration of delay, reasons, prospects and prejudice; exclusion of time for obtaining decree under section 19(2) when computing limitation period.
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24 April 2018 |
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Conviction under section 302 quashed where prosecution failed to prove appellant acquired title or induced delivery of purchase money.
Criminal law – Obtaining by false pretence (s.302 Penal Code) – Elements: false pretence, intent to defraud, obtaining title or inducing delivery – Proof required that accused acquired ownership, not merely handled or handed over money – Insufficiency of evidence where money was paid to third party seller.
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24 April 2018 |
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Applicant’s unexplained 36‑day delay and lack of diligence warranted dismissal of extension of time application.
Law of Limitation – extension of time – requirement to account for each day of delay; inordinate delay and lack of diligence; mistakes of counsel not sufficient cause; alleged illegality not a cure for unexplained delay.
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24 April 2018 |