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Citation
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Judgment date
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| August 2018 |
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31 August 2018 |
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Court granted a six-month extension to file the estate inventory due to pending land disputes preventing completion.
Probate — extension of time to file full inventory under s.107(2) of the Probate and Administration of Estates Act and r.109(1) Probate Rules — executor's diligence and partial inventory — pending land disputes at DLHT and possible appeals justify limited extension — court grants six months from final determination of outstanding matters.
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31 August 2018 |
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Confusion by a ward tribunal mixing land and criminal matters can constitute sufficient cause for extension of time to appeal.
Civil procedure – extension of time – sufficient cause – delay caused by confusion of tribunal jurisdiction held to be sufficient cause. Ward Tribunal – dual composition – mixing of land and criminal matters may mislead litigants. Appellate review – discretionary refusal to extend time – entitlement to extension where valid explanation shown. Jurisdictional objection – merits of intended appeal speculative and not determinable in review of extension refusal.
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31 August 2018 |
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High Court set aside defective trial judgment for improper 'dismissal', remitting record for proper acquittal and judgment.
Criminal procedure — Form and content of judgment — Accused must be identified by charge-sheet numbering — Acquittal under s.235(1) CPA not 'dismissal' — s.38 Penal Code relates to discharge after conviction — Revisional powers to set aside defective judgment and remit for proper judgment.
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31 August 2018 |
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A monetary decree linked to a district council must be satisfied from council revenue; detention of the District Executive Director is not a lawful execution mode.
Local government law – District councils have separate corporate personality – suits must be against the council, not the District Executive Director; Execution of decrees against district councils governed by section 194A – payment from council revenue via District Executive Director only; Detention of District Executive Director as civil prisoner to satisfy council-related decretal sum is impermissible.
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31 August 2018 |
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Conviction quashed where unadmitted confessions and unresolved contradictions meant prosecution failed to prove the case beyond reasonable doubt.
Criminal law – transporting illegal immigrants – sufficiency of prosecution evidence – need to prove charge beyond reasonable doubt. Evidence – confessions and documents not tendered/admitted do not form part of the record; co-accused confessions cannot solely ground conviction. Evidence – contradictions/inconsistencies in prosecution witnesses must be addressed and, if unresolved, resolved in favour of accused. Procedure – trial court’s duty to evaluate defence evidence and make objective credibility findings.
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31 August 2018 |
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A guilty plea must be unequivocal, recorded verbatim, and taken in a language the accused understands.
Criminal procedure – Plea of guilty – Plea must be recorded verbatim and be unequivocal; accused must admit each constituent element of the offence. Language – Plea-taking must be in a language understood by the accused and properly recorded. Admissions – General admission that 'facts and exhibits are correct' may be ambiguous and insufficient to establish guilt. Remedy – Conviction based on an equivocal plea quashed; retrial de novo ordered; credit for time served.
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31 August 2018 |
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Where the High Court has refused leave to appeal, the applicant must apply to the Court of Appeal within 14 days; re-certification here was dismissed.
Civil procedure – Appeal – leave to appeal – where High Court refuses leave to appeal, Rule 45(b) Court of Appeal Rules requires application to Court of Appeal within 14 days; Functus officio – a court will not re-determine a matter already decided by the same court; Non-appealability – refusal to grant certificate to appeal on point of law is not to be re-opened by the same court.
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31 August 2018 |
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An affidavit whose jurat omits the deponent’s name and signature is incurably defective and the application is struck out.
Affidavit — jurat formalities — omission of deponent's name and signature — incurable defect — Oaths and Statutory Declarations Act — preliminary objection — striking out for lack of supporting affidavit.
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31 August 2018 |
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Appeal allowed: age, consent and pregnancy not proven; PF3 improperly admitted, convictions quashed.
Criminal law — statutory rape — proof of victim’s age essential under s.130(2)(e). Evidence — medical report (PF3) — admissibility requires compliance with s.240(3) Criminal Procedure Act; improper admission leads to expungement. Evidence — consent — victim’s admission of consent undermines rape charge. Procedure — cautioned statement admissibility requires proper inquiry; failure to conduct a trial-within-a-trial renders admission irregular. Criminal practice — defective charging and incorrect statutory citation noted but core appellate relief grounded on evidential insufficiency.
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31 August 2018 |
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Appellate court quashed tribunal judgment due to assessors' non-involvement and procedural irregularities, remitting the case for proper judgment.
Land law – procedure – validity of tribunal judgment – effect of change of presiding officer and omission of assessors’ participation; locus in quo visits and assessors’ role; necessity of assessors’ opinions in decision-making. Administrative justice – procedural fairness – competence of judgment where original hearing officer does not conclude judgment. Remedy – quashing and remittal for proper conclusion of judgment.
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31 August 2018 |
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Revision is not a substitute for appeal; applicant should seek extension of time or file an appeal.
Civil procedure – Revision v. appeal – Revision not a substitute for appeal; remedy for late appeal is application for extension of time. Statutory interpretation – section 30(1)(a) MCA (suo motu revision) and section 31(2) MCA (criminal revision) inapplicable to this civil application. Evidence – valuation of demolished property should be challenged on appeal.
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31 August 2018 |
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Appeal allowed where guilty plea was not unequivocal; conviction quashed and appellant released.
Criminal procedure – plea of guilty – requirement that charge and ingredients be explained in language the accused understands; recording accused’s own words; use of interpreter – equivocal/ambiguous plea permits appeal despite s.360; Laurent Mpinga criteria; s.366(1)(a) power to quash conviction and set aside sentence.
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31 August 2018 |
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A district court lacked jurisdiction to hear a civil claim against the Government; its order was quashed and set aside.
Government Proceedings Act – Jurisdiction – s.7: civil proceedings against the Government must be instituted in the High Court – magistrate's court lacks jurisdiction.* Government Proceedings Act – Notice requirement – s.6: 90-day notice to Minister/department and copy to Attorney-General before instituting suit against the Government.* Government Proceedings Act – Transfer/return – s.11 and Order VII r.10: magistrate's court to transfer or return suits against the Government for institution in the High Court.* Magistrates Courts Act – Revisional jurisdiction – s.30(1)(b)(i): power to revise, quash and set aside orders made without jurisdiction.
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31 August 2018 |
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Leave to defend summary suit refused where defendants admitted debt and relied on uncontracted third‑party default.
Civil procedure – summary suit – leave to defend under Order XXV/XXXV r.3; Mortgage Financing (Special Provisions) Act 2008 – requirement to show loan repaid or not taken; disclosure of facts to establish defence; third‑party liability and privity; court’s discretion to impose conditions.
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30 August 2018 |
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DPP failed to show sufficient cause and diligence to justify filing an appeal out of time; application dismissed.
Criminal procedure – extension of time to file notice and petition of appeal under s.379 CPA – "sufficient cause" requires promptness and diligence; defective affidavit and unexplained re-filing delay undermine application; court will not grant extension based on speculative prospects of success; finality of litigation and prejudice to respondents considered.
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30 August 2018 |
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Reliance on unadmitted documents by the tribunal vitiated proceedings; matter remitted for rehearing before a new chairperson.
Land Disputes Courts Act s.51(1)(a) – applicability of Civil Procedure Code and Evidence Act to District Land and Housing Tribunals; admissibility of documents annexed to pleadings. Evidence – documents must be tendered, tested and admitted before reliance; unattested annexures are not evidence. Procedural irregularity – reliance on unadmitted documents vitiates proceedings. Revisional powers – quashing and remittal for de novo hearing before different chairperson and assessors.
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30 August 2018 |
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Extension of time granted where delay caused by non‑availability of decree required for filing a memorandum of appeal.
Civil procedure – Extension of time – Section 14(1) Law of Limitation Act – sufficient cause required. Appeals – Order XXXIX Rule 1 CPC – memorandum of appeal must be accompanied by copy of decree; effect on computation of time. Delay excused where appellant not supplied with decree necessary to lodge memorandum of appeal; prompt action upon supply justifies extension.
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30 August 2018 |
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Charge omission not fatal; child‑victim’s credible evidence upheld conviction and life sentence.
Criminal procedure – defective charge – omission to cite subsection curable under section 388(1) CPA when particulars are clear. Sentencing – relevance of accused’s and victim’s age; section 154(2) life sentence where victim under ten. Evidence – child witness: section 127(2) (as amended) allows evidence upon promise to tell the truth; voir dire must be recorded. Sexual offences – victim’s testimony is often the best evidence; minor inconsistencies/non‑calling of corroborative witness not necessarily fatal. Judgment requirements – reasons and points for determination must be adequate; trial judgment complied.
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30 August 2018 |
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A payer who deposits money for goods not delivered is entitled to restitution, interest and damages when recipient received the funds.
Contract/payment for goods — proof of payment into defendant’s account; agency — burden of proof; admissibility/relevance of documents; restitution/unjust enrichment; award of interest and damages.
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30 August 2018 |
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Failure to record or take assessors' opinions under s.24 renders a tribunal's judgment illegal and is quashed.
Land Disputes Courts Act s.24 – Mandatory requirement to take into account and record assessors' opinions; failure to do so renders tribunal judgment illegal and is not cured by s.45; procedural irregularity — quashing of proceedings.
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30 August 2018 |
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Court granted extension of time to file leave to appeal, finding sufficient cause and prompt action by the applicant.
Civil procedure – extension of time – section 11(1) Appellate Jurisdiction Act – discretion to extend time. Appeals – procedural requirement – Order XXXIX Rule 1 CPC – memorandum of appeal must be accompanied by copy of the decree. Delay – inability or obstacle in obtaining appeal documents can constitute sufficient cause for extension. Procedural irregularity – struck out application for failure to attach decree; subsequent remedy by extension of time.
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30 August 2018 |
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Temporary injunction granted where applicant showed prima facie title dispute, irreparable harm, and balance of convenience.
Land law – interim relief – temporary injunction – tests for grant (prima facie case, irreparable harm, balance of convenience). Civil procedure – abuse of process/res judicata – prior tribunal dismissals and non-appeal do not automatically defeat interim relief; such grievances are for the main suit. Transfer of title and improvements – relevance to irreparable harm and balance of convenience.
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30 August 2018 |
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A validly filed DPP certificate under s.36(2) of EOCCA bars admission to bail, irrespective of alleged formal defects.
Economic and Organized Crimes Control Act (EOCCA) – s.36(2) – DPP certificate objecting to bail – effect of validly filed certificate in barring bail; Formal requirements of DPP certificate – no statutory stamp or counter-affidavit required; Bail – court’s discretion fettered where DPP certificate validly filed.
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30 August 2018 |
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A tribunal’s ex parte injunction granted without assessors or proper basis was irregular and was vacated on revision.
Land law — Interim injunction — Requirements for grant of interlocutory injunction (serious triable issue, irreparable harm, balance of convenience) — Procedural compliance — Requirement of tribunal composition and assessors' opinion under section 23(2) Land Disputes Courts Act — Ex parte orders — Abuse of judicial power — Revisional jurisdiction under section 43(1).
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30 August 2018 |
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30 August 2018 |
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Suit dismissed for lack of standing where applicant was not party to the underlying agreement; costs awarded to respondent.
Civil procedure – Standing to sue – Privity of contract – Inability to amend under proviso to Order VII r.11 CPC – Dismissal for lack of locus standi – Costs awarded and to be taxed.
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29 August 2018 |
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The appeal was dismissed as time-barred because the 45-day period ran from certification of the trial record.
Criminal procedure — Appeal limitation period — 45 days from date record is certified/ready for collection; party's duty to obtain record; constructive knowledge where another party obtains and files appeal; appeal dismissed as time-barred.
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29 August 2018 |
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Court granted applicant's interim injunction restraining respondents from entering or improving disputed 4-acre land pending the main suit.
Temporary injunction – Land dispute – Application under Order XXXVII r.1(a) and s.68(e) CPC – Existence of triable issues and preservation of status quo – Costs to follow cause.
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29 August 2018 |
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An appeal filed but not prosecuted by the appellant may be dismissed with costs to the respondent.
Civil procedure – Appeal dismissed for non-prosecution/non-appearance; court’s discretion to strike out or dismiss appeals and to award costs against defaulting litigants.
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29 August 2018 |
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Court upheld Taxing Master’s reductions, finding the bill of costs excessive and dismissing the reference with costs.
Advocates Remunerations Order 2015 – taxation of costs; review of Taxing Master’s factual findings; reasonableness of communication charges, retainer/instruction fee, transport and meal claims; court defers to explained taxation decisions.
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29 August 2018 |
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Court reviewed and set aside dismissal after finding the appeal was filed within a court-granted extension.
Land law — Review of judgment — Apparent error on face of record — Court-granted extension of time to file appeal — Dismissal as time-barred set aside and appeal restored.
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29 August 2018 |
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29 August 2018 |
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29 August 2018 |
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Extension of time to appeal refused where applicant gave no explanation for 25‑month delay.
Criminal procedure — Extension of time to appeal — Applicant must account for each day of delay — Inordinate and unexplained 25‑month delay — Application filed to obstruct execution of civil judgment is misconceived.
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29 August 2018 |
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Conviction quashed where trial court failed to evaluate defence, address material contradictions, and comply with judgment requirements.
Criminal law – armed robbery – sufficiency of prosecution evidence – material contradictions and their impact on proof beyond reasonable doubt. Criminal procedure – evaluation of evidence – duty of trial court to objectively evaluate prosecution and defence evidence. Criminal procedure – requirements of a valid judgment – obligation to specify offence and statutory provision (s.312(1)). Revisional powers – exercise of s.372 and s.373(1)(b) to quash nullified convictions instead of remitting record.
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29 August 2018 |
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Cautioned statements improperly admitted and chain of custody failures led to quashing of convictions and release of appellants.
Criminal procedure – admissibility of cautioned statements – compliance with statutory timing and reading requirements – delay and illiteracy issues. Evidence – chain of custody – proof that exhibits tendered are those seized; failure breaks prosecution case. Criminal law – unlawful possession of firearm – necessity of linking accused to exhibit; conviction quashed where evidence points to another person. Proof and burden – prosecution must prove voluntariness and admissibility; magistrate cannot shift burden to accused. Trial procedure – improper tendering/foundation for exhibits and composition of judgment (s.312(2) CPA) may raise appeal points.
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29 August 2018 |
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Whether the disputed house was matrimonial property and whether the appellate court properly re‑evaluated the trial court's factual findings.
Matrimonial property – presumption of marriage (s.160(1) Law of Marriage Act) – appellate duty to re‑evaluate facts – proper identification and division of jointly acquired property in divorce proceedings.
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28 August 2018 |
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Appeal allowed: unreliable visual identification and procedural irregularities led to quashing of conviction and sentence.
Criminal law – Armed robbery – visual identification – application of Waziri Amani standards (lighting, distance, opportunity to observe). Identification parade – procedural compliance and admissibility. Criminal Procedure – transfer of trial between magistrates – section 214(1) – requirement to record reasons and inform accused. Evidence recording – section 388 and rules – narrative vs question-and-answer form. Procedural irregularity and insufficient identification – conviction quashed; retrial not ordered.
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28 August 2018 |
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Failure to conduct statutory voir dire and improper admission of written statements led to quashed conviction.
Evidence — Child witness — Mandatory voir dire and recorded findings under s127(2)/(3) to assess competence and understanding of duty to tell truth; Evidence — Admission of written statements under s34B(2) — cumulative conditions must be satisfied; Fundamental irregularity — failure to comply with statutory safeguards vitiates conviction; Criminal appeal — conviction quashed where remaining evidence insufficient after expunging improperly admitted exhibits.
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28 August 2018 |
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Court granted a temporary injunction to restrain the first respondent from dealing with disputed land pending the main suit.
Injunctions – interim/temporary injunction pending trial – grant of injunction under Order XXXVII Rule 1, section 68(e) and section 95 CPC – effect of respondent’s non-opposition and absence – preservation of disputed land pending determination of main suit.
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28 August 2018 |
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A vague plaint that fails to state the substantive claim defeats pecuniary jurisdiction and renders the judgment null.
Civil procedure – plaint must plead the substantive claim separately; vagueness as to the substantive monetary claim affects pecuniary jurisdiction – defective plaint renders proceedings, judgment and decree null.
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28 August 2018 |
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Conviction quashed where cautioned statement was admitted without inquiry and stolen phones were inadequately identified.
Criminal procedure – admissibility of cautioned statements – prosecution must prove voluntariness; subordinate court duty to inquire upon objection. Evidence – recent possession doctrine – stolen goods must be identified by special marks and recovery must be proximate to theft. Identification of mobile phones – importance of IMEI or service-provider tracing; insufficient identification undermines conviction. Conviction unsafe where prosecution evidence is contradictory and trap details are unestablished.
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28 August 2018 |
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Applicant's uncontested medical absence justified restoration of the matrimonial appeal; verification objection dismissed.
Matrimonial appeal – Application for restoration – Verification objection dismissed – Sickness supported by medical chit as sufficient cause for failure to appear – Appeal restored; Deputy Registrar to restore record.
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28 August 2018 |
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Appellant wrongly sued in personal capacity; lack of locus standi and insufficient evidence — appeal allowed, lower judgments quashed.
Civil procedure — Capacity to sue (locus standi) — Wrong party sued; Representative capacity must be pleaded — Written agreement construed to identify actual contracting parties — Failure to join or sue proper parties — Insufficient evidence to prove alleged debt.
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28 August 2018 |
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High Court set aside ward and district tribunal decisions for illegality (wrong party, unclear judgment) and ordered fresh filing.
Land law – Procedure – Service of summons – unsigned/returned summons not constituting proof of service. Civil procedure – Locus standi – Wrong party suing (individual instead of Street Government) renders proceedings susceptible to challenge. Judicial remedies – High Court's revision jurisdiction under s.43(1)(b) of the Land Disputes Courts Act – setting aside illegal or ambiguous tribunal decisions. Tribunal practice – Importance of clear, unambiguous judgments declaring parties' rights.
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28 August 2018 |
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A corporate plaintiff must plead and attach a board resolution authorising litigation; absence renders the suit incompetent and struck out.
Company law – corporate plaintiff must have express board resolution authorising litigation; failure to plead/attach it renders the suit incompetent and subject to striking out; procedural question whether resolution may be filed later — court requires attachment to plaint; court declined to decide second preliminary objection on cause of action.
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28 August 2018 |
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Absence of a ward-tribunal judgment and chairperson-signature discrepancy nullify proceedings and require retrial de novo.
Land procedure — absence of a formal ward-tribunal judgment renders proceedings not properly appealable. Tribunal composition — discrepancy in named chairperson versus signing-chairperson is an incurable irregularity. Quorum/constitutionality of tribunal under s.14(1), Land Disputes Courts Act — defects vitiate proceedings. Appellate decisions founded on nullified trial proceedings must be set aside — remedy is retrial de novo.
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27 August 2018 |
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The suit was dismissed as barred by res judicata because the identical claim was earlier finally decided between the parties.
Civil procedure — Res judicata — Section 9 CPC — matter directly and substantially in issue in a former suit bars subsequent suit; identity of issues and parties (including successors by change of name); effect of prior default judgment.
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27 August 2018 |
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27 August 2018 |