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Citation
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Judgment date
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| May 2018 |
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A plaintiff cannot seek sole ownership of land held in tenancy in common without joining or authorisation of the co-owner.
Civil Procedure – Verification clause – Order VI r.15(2) CPC – omission to disclose source of information is not fatal and is amendable. Land law – Tenancy in common – Co-owner’s undivided interest cannot be declared transferred or vested in a single co-owner without joinder or authority; consent required by s.159(6) Land Act. Limitation – Recovery of land governed by item 20, Part I, Law of Limitation Act; claim not time-barred as pleaded. Abuse of process – Seeking sole ownership over land held in common by one co-owner amounts to abuse of court process.
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24 May 2018 |
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Appeal improperly filed directly to High Court in breach of s.80(2)/r.37(1); appeal struck out with costs.
Family law – Appeals – Law of Marriage Act s.80(2) – Appeal to High Court must be filed in subordinate court first. Procedural law – Law of Marriage (Matrimonial Proceedings) Rules GN No.246/1997 r.37(1) – memorandum of appeal to be filed in subordinate court. Non-compliance with statutory filing requirement is jurisdictional and fatal to the appeal. Matrimonial proceedings – division of assets, custody and maintenance (substantive complaints not reached due to procedural defect).
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24 May 2018 |
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The applicant’s tort claim is not res subjudice to respondent’s prior contract claim; objection dismissed.
Civil procedure – Res subjudice doctrine – Section 8 Civil Procedure Code – requirement that matter in issue be directly and substantially the same in a previously instituted suit between same parties. Distinction between causes of action – tort (conversion, negligence, fraud) versus contract (breach of loan/overdraft terms). Preliminary objection – competence and effect where alleged res subjudice exists; stay versus dismissal. Costs – unsuccessful preliminary objection results in costs following the event.
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24 May 2018 |
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District Court lacked statutory jurisdiction to try economic offences; convictions quashed and retrial ordered.
Criminal procedure – Jurisdiction – Economic offences under the Economic and Organized Crime Control Act – Subordinate courts require DPP’s certificate and consent to assume jurisdiction. Trial irregularity – Lack of jurisdiction renders proceedings a nullity. Retrial – Discretion to order retrial where custody period short and no risk of prejudice.
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24 May 2018 |
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Applicant's application to set aside dismissal granted where non-receipt of hearing notice constituted good cause.
Civil Procedure — Order IX Rule 4 CPC — setting aside dismissal for want of prosecution — "good cause" — non-receipt of notice of hearing — probate proceedings — restoration of suit.
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24 May 2018 |
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Failure to endorse the DPP's consent certificate in the trial record renders proceedings a nullity and warrants retrial.
Criminal law – possession of government trophies (elephant tusks) – Wildlife Conservation Act offences. Procedural compliance – requirement for DPP certificate of consent under the Economic and Organised Crime Control Act to be endorsed and form part of trial proceedings. Non-compliance renders proceedings a nullity – retrial ordered.
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23 May 2018 |
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Trial proceedings quashed where the DPP's consent certificate was not endorsed into the record, necessitating retrial.
Criminal procedure – Requirement that DPP’s certificate/consent be endorsed and form part of the proceedings – Failure to endorse renders proceedings a nullity. Evidence/procedure – Oral reading of a certificate does not substitute for endorsement into record. Remedy – Quash proceedings and order retrial where DPP certificate not properly included.
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23 May 2018 |
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Certificate for appeal refused for lack of a legal point and failure to lodge the required Notice of Appeal.
Land procedure – certification of point of law under s.47(2) LDCA and Court of Appeal Rules – factual/evidential complaints are not points of law; DLHT’s reception of additional evidence and locus visit in revisionary proceedings is a fatal irregularity; requirement to lodge Notice of Appeal before applying for certificate (Rule 46(1)).
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23 May 2018 |
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Appeal struck out as time-barred; extension of time under the Limitation Act requires a formal application.
Civil procedure — Limitation of actions — Appeals — Law of Limitation Act — 90-day appeal period; section 19(2) exclusion for obtaining judgment/decree; section 14(1) discretionary enlargement of time — enlargement requires proper application and cannot be assumed suo motu.
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23 May 2018 |
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Final arbitral award registered and enforced where no timely, served challenge was filed; late unserved objection rejected.
Arbitration Act s.17 – registration of final arbitral award – award made enforceable as court decree when no timely challenge filed Civil procedure – preliminary objection – requirement of filing and service on opposing counsel Limitation – objections to awards are time‑bound; late objections may be barred Enforcement – costs awarded to successful party where award registered and unopposed
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23 May 2018 |
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22 May 2018 |
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Court stayed proceedings under s6 Arbitration Act for disputes covered by arbitration clause but ordered petitioner to pay costs.
Arbitration Act (s6) – stay of proceedings – existence and scope of submission to arbitrate – readiness and willingness to arbitrate – forum selection (foreign seat) – discretion of court to grant stay – costs for belated invocation of arbitration.
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22 May 2018 |
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An appeal one day late was struck out where no application for extension of time or exclusion of delay was made.
Limitation of actions – computation of time – Law of Limitation Act Part II Item 1 (90 days) – appeal filed one day late. Limitation – exclusion under section 19(2) for time to obtain copies of judgment/decree – exclusion must be invoked, not assumed. Extension of time – section 14(1) – court may enlarge time for reasonable or sufficient cause but relief requires a formal application. Procedural – court raising limitation suo moto; appeal struck out for being time‑barred; no costs ordered.
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22 May 2018 |
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Applicant failed to show good cause or diligence to warrant extension of time for judicial review application.
Limitation of actions – extension of time under section 14(1) Law of Limitation Act – requirements of Lyamuya: account for delay, inordinate delay, diligence – communication of administrative decision – judicial review (certiorari and mandamus).
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22 May 2018 |
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Written explanations and an appeal hearing satisfied fair hearing; judicial review of the university’s disciplinary decision was refused.
Administrative law – Judicial review – Certiorari/Prohibition/Mandamus – whether disciplinary decision involved procedural irregularity warranting judicial interference. Natural justice – Right to be heard – adequacy of written statements, oral hearing before Dean and appeal committee. Education/discipline – University disciplinary procedures – duties of Faculty Board, Senate and Examination Appeal Committee. Evidence – sufficiency of correspondence and representation to show knowledge of charge.
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22 May 2018 |
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Primary court lacked jurisdiction to entertain a bill of costs from a labour dispute already finalized at the CMA.
Labour law — jurisdiction — whether primary courts may hear matters originating from CMA after finalization by CMA (Form No.21). Labour law — finality of CMA mediated settlement and bar to further claims. Costs — claim for costs at primary court where CMA did not award costs is improper. Civil procedure — revision — duty of District Court to correct jurisdictional irregularities.
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22 May 2018 |
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Non‑compliance with s.214(1) CPA and insufficient evidence that the applicant solicited or received a bribe led to quashed conviction.
Criminal law – Corruption/offence of soliciting and receiving bribe – adequacy of evidence; trap operations and corroboration. Criminal Procedure Act, s.214(1) – change of magistrate during trial; need to record reasons and address accused about re‑summoning witnesses. Criminal Procedure Act, s.214(2) – remedy for non‑compliance: quashing conviction or ordering retrial where accused materially prejudiced.
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21 May 2018 |
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21 May 2018 |
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Delay in delivering a judgment to a detained lay applicant can constitute good cause for extension to file notice of appeal.
Criminal procedure – Extension of time to file notice of appeal – Good cause required – Inordinate delay in supplying judgment to a detained lay person may constitute good cause.
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21 May 2018 |
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Injunction application dismissed for failure to establish a triable issue or evidence of an imminent sale, no costs ordered.
Civil procedure – Temporary injunction – Requirements from Attilio v Mbowe: triable issue, irreparable injury, balance of convenience – Alleged auction by auctioneer for unnamed principal – Failure to prove imminent sale – Application dismissed.
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18 May 2018 |
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Whether the High Court had jurisdiction and whether the plaint disclosed a cause of action; court overruled jurisdiction objection but rejected the plaint.
Civil procedure – preliminary objections – pecuniary jurisdiction of High Court versus District Land and Housing Tribunal; Cause of action – meaning and requirement that pleadings disclose violation of a legal right; Mortgage law – mortgagor/mortgagee relationship and powers of mortgagee under Land Act; Rejection of plaint under Order VII r.11(a) where no triable cause is disclosed.
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18 May 2018 |
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Failure to serve the statutory 30‑day notice on the Local Government Authority renders the suit incompetent and it is struck out.
Local Government Act s190 — mandatory 30‑day notice to authority before suit; service on chief executive valid only if notice is directed to authority and received on its behalf; failure to serve the authority where it is a distinct party renders suit incompetent and liable to be struck out.
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18 May 2018 |
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Serving the authority’s executive who is separately sued does not satisfy the statutory 30‑day notice to the local authority.
Local Government (District Authorities) Act – section 190 – statutory 30‑day notice requirement before suing a local authority. Service – section 192(1) – delivery to chief executive officer suffices only when notice is addressed to the authority and received on its behalf. Parties – distinction between serving the authority and serving its chief executive where both are defendants. Preliminary objections – procedural competence and compliance with statutory pre‑suit notice.
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18 May 2018 |
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A claimant cannot sue over a deceased's land without letters of administration; suit is a nullity without locus standi.
Land law — inheritance and ownership disputes — plaintiff suing on deceased's estate must obtain letters of administration — lack of letters renders suit a nullity; evidential inconsistencies affect credibility.
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18 May 2018 |
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An equivocal guilty plea and missing material evidence led to quashing of conviction and remittal for full trial.
Criminal law — Plea of guilty — Unequivocal plea required for conviction — Section 360(1) CPA and exceptions — Ambiguous/factual inconsistencies and non-production of confessional statement or seized drugs vitiate conviction — Remittal for full trial.
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18 May 2018 |
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Failure to comply with Rule 3 affidavit requirement deprives Advocates Committee of jurisdiction and vitiates its disciplinary proceedings.
Advocates Committee jurisdiction; Rule 3 Advocates (Disciplinary and other Proceedings) Rules; procedural compliance; non-compliance vitiates proceedings; disciplinary suspension quashed.
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18 May 2018 |
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Applicant failed to show sufficient cause for extension; application dismissed and costs awarded to respondent.
Civil procedure – Application for extension of time to apply for certification on points of law – requirement to show sufficient cause – delay alleged to result from awaiting copy of ruling – supporting documents must be consistent with timeline; otherwise explanation fails.
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18 May 2018 |
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Applicant granted leave to seek certiorari over football ethics decisions alleging breaches of natural justice and procedural illegality; stay refused.
Administrative law – judicial review – leave to apply for prerogative orders (certiorari) – leave is a screening exercise under GN No. 324 of 2014 (Rule 5). Natural justice – alleged denial of fair hearing, inadequate notice, insufficient time to prepare, and apparent bias. Jurisdiction/legality – failure to conduct required preliminary investigation and procedural irregularities in disciplinary proceedings. Relief – leave to apply for certiorari granted; interim stay refused at leave stage.
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18 May 2018 |
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Court finds Bukoba lacks jurisdiction over suit for immovable property in Mwanza and orders plaint returned for filing at Mwanza registry.
Civil procedure — Jurisdiction — Territorial jurisdiction for suits concerning immovable property — Section 14 CPC mandates suit be instituted where property situate — Section 18 CPC subject to section 14 — Court of Appeal order returning record does not confer jurisdiction — Parties’ consent cannot cure lack of statutory jurisdiction — Remedy: return plaint for filing at proper registry (section 95 CPC).
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18 May 2018 |
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Respondent’s uninterrupted occupation since 1977 vested title by adverse possession; appeal dismissed and lower judgments upheld.
Land law – Adverse possession and limitation – 12‑year statutory period – Long uninterrupted occupation since 1977 – burden of proof and credibility of witnesses – failure to call key witnesses and to prove allocation – invitee status does not negate limitation.
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18 May 2018 |
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Appeal against DLHT strike‑out for lack of letters of administration is premature and barred as interlocutory under Regulation 22.
Land law – locus standi – letters of administration required to sue or be sued on behalf of a deceased estate (Magistrates' Courts Act, 5th Schedule Part II). Civil procedure – interlocutory orders – proviso to Regulation 22 GN No. 174/2003 bars appeal from preliminary rulings not finally deciding the case. Relief – striking out vs amendment where plaintiff lacks legal capacity to represent estate; permission to re‑institute after administration letters obtained.
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18 May 2018 |
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Court grants extension to file bill of costs, accepting sickness as sufficient cause and medical chit as credible evidence.
Extension of time – sufficient cause – sickness supported by medical chit; Limitation – 60 days for filing bill of costs under Law of Limitation Act; Evidence – burden to prove forgery under s.110 Evidence Act; Procedural irregularities – typographical errors not vitiating judgment.
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18 May 2018 |
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The accused convicted of murder; extra‑judicial confession corroborated by independent evidence and sentenced to death.
Criminal law – Murder – Malice aforethought established by post-mortem (penetrating skull wounds and severe hemorrhage). Evidence – Extra-judicial confession – voluntariness and admissibility; co-accused confessions require independent corroboration under s.33 Evidence Act. Identification – identification parade and witness sightings corroborating involvement of accused. Allegations of police coercion – credibility assessed and rejected as insufficient to create reasonable doubt.
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18 May 2018 |
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Acquittal where circumstantial evidence and a repudiated confession lacked voluntariness and independent corroboration.
Criminal law – Murder – Circumstantial evidence – Requirement that such evidence be incapable of more than one explanation – Repudiated caution statement – Voluntariness and requirement for independent corroboration – Conviction cannot rest on mere suspicion or uncorroborated retracted confession.
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18 May 2018 |
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Prosecution failed to prove murder beyond reasonable doubt due to weak identification, equivocal caution statement and gaps in circumstantial proof.
Criminal law – Murder – Identification evidence – Credibility and limits of eyewitness testimony – Circumstantial evidence – Requirement of an unbroken chain – Caution statement and confession – Adverse inference for non‑called material witness – Hearsay inadmissibility.
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18 May 2018 |
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The respondent's attempt to set aside a non‑exparte judgment and a judgment written by a magistrate who had not heard the case was invalid; retrial ordered.
Civil procedure — functus officio — setting aside ex parte judgment — re-assignment of partly heard matter — requirement to record reasons for reassignment — Order XX r.3 CPC supervision of judgment writing — invalid proceedings — retrial ordered.
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18 May 2018 |
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Reported
Applicant’s franchise existed by conduct until 30 June 2009; specific damages unproven; second respondent awarded Tshs30,000,000.
Contract law – validity by conduct and extension letters; Public procurement/tender timing and defects; Specific damages — strict proof required; Municipal by-laws govern recovery of refuse charges; Counterclaim proved ex parte — partial compensation awarded.
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18 May 2018 |
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Minor clerical errors in appellate judgment were non‑prejudicial; sale agreements doubted and appeal dismissed with costs.
Land law – validity of sale agreements – vendor’s mental capacity; appellate review of ward tribunal findings; probative value of medical/RCO reports; documentary anomalies and adverse inference for failure to call key witness (VEO).
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18 May 2018 |
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District Court lacked jurisdiction to try the economic wildlife offence without transfer certificate and DPP consent; retrial ordered.
Criminal law – Wildlife offences – unlawful possession of government trophies (elephant tusks). Jurisdiction – Economic and Organized Crime Control Act – High Court jurisdiction over economic offences; requirement of certificate of transfer and DPP's consent for subordinate courts. Relief – proceedings and conviction obtained without jurisdiction are nullities and liable to be quashed. Retrial – application of Fatehali Manki principles; retrial ordered where custody/delay not prejudicial.
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17 May 2018 |
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Court granted leave to appeal under s.5(1)(c) AJA where applicants alleged they had been condemned unheard; costs each to bear.
Appellate procedure – leave to appeal under section 5(1)(c) of the Appellate Jurisdiction Act – grant of leave where applicants allege they were condemned unheard – effect of respondent’s non-opposition.
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17 May 2018 |
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Applicant failed to show sufficient cause for a 76-day delay; extension of time to appeal refused.
Civil procedure – Extension of time – Application under s.14(1) Law of Limitation Act – Requirement to show sufficient cause and to account for each day of delay; mere assertion of travel without particulars is inadequate.
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17 May 2018 |
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Court upheld that the village house was matrimonial and dismissed the appellant’s challenge to the asset division.
Matrimonial property – determination whether a disputed house is matrimonial – evidence of renovation and supervision as contribution. Division of matrimonial assets – application of s.114(2) Law of Marriage Act 1971 – regard to monetary and non-monetary contributions. Evidence – failure to call material witness (stepmother) permits adverse inference. Appeal – appellate court’s assessment of facts and evidence upheld.
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17 May 2018 |
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Relocation was an implied condition for construction; plaintiff's refusal caused delay, barring his claim for lost rental income.
Contract law – joint venture; implied terms – relocation as condition for continuation of construction; burden of proof – proving notices and tenancy accounts; failure to call material witness – adverse inference; remedies – specific performance-type orders and no general damages.
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17 May 2018 |
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Plaintiff's refusal to vacate was a breach; court ordered relocation, completion and a management agreement; damages dismissed.
Contract law — Joint Venture Agreement — interpretation of written terms and Addendum; implied terms and condition precedent — relocation as nexus for continuation of construction; evidential burden and proof of notices; failure to prepare Property Management Agreement; dismissal of claimed specific damages for lack of proof.
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17 May 2018 |
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Court stayed execution pending appeal due to risk that estate distribution would make restitution impossible if appeal succeeds.
Civil Procedure – Stay of execution – Order XXXIX r.5(1) and (4) CPC – Granting stay pending appeal where decree amount is substantial and execution risks irreparable loss. Executors/administrators – Risk of distribution of decretal proceeds to estate beneficiaries who are not parties – potential inability to recover funds if appeal succeeds. Procedure – Ex parte hearing where respondent duly served but fails to oppose.
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16 May 2018 |
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16 May 2018 |
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A valid DPP certificate under section 36(2) EOCCA bars bail unless bad faith or abuse of process is proven.
Criminal procedure – Bail – Effect of DPP certificate under section 36(2) EOCCA – Valid certificate bars trial court granting bail; DPP not required to give reasons; certificate only invalid if bad faith or abuse of process proved; consideration of Court of Appeal authorities on pari materia argument.
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16 May 2018 |
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Application for extension to file a notice of appeal struck out as premature for inadequate affidavit and wrong statutory citation.
Criminal procedure – extension of time to file notice of appeal – appeal without copy of judgment – premature application – inadequate affidavit and failure to attach proof of request for judgment – incorrect citation of statutory provision – application struck out.
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16 May 2018 |
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Conviction on a charge citing a non‑existent Penal Code provision is void; appellant ordered released.
Criminal procedure – Charge sheet – statement of offence must reference the section creating the offence (s.135 CPA). Criminal procedure – Defective charge – citation of non‑existent Penal Code provision is fatal and incurable (not saved by s.388 CPA). Plea of guilty entered on a defective charge – conviction void; proceedings a nullity. Remedy – quashing of trial and first appellate proceedings; retrial not ordered where charge is non‑existent; release from custody.
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16 May 2018 |
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Conviction for possession of forged notes quashed where prosecution relied on rumours, hearsay and failed to call forensic examiner.
Criminal law – possession of forged currency – sufficiency of evidence – reliance on hearsay and rumours insufficient to convict – failure to call forensic/expert examiner and absence of seizure certificate weakens prosecution case – conviction quashed; sentence set aside.
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16 May 2018 |