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Citation
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Judgment date
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| September 2018 |
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Illness supported by medical evidence constituted sufficient cause to grant extension of time; leave and certification prayers were struck out.
Appellate Jurisdiction Act s.11(1) – extension of time to give notice or to apply for leave – sufficiency of cause. Distinction between extension of time and statutory requirements for leave to appeal and certification on points of law (s.5). Medical illness as cause for delay – proof by sick sheet and assessment of unexplained residual delay. Discretionary exercise in favour of lay litigant who demonstrated intention to pursue appeal.
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29 September 2018 |
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28 September 2018 |
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Rape conviction quashed where child testimony and prosecution evidence were contradictory, tutored and unreliable.
Criminal law – Rape – Child complainant credibility – Contradictions and tutoring of witnesses – Delay in arrest and medical examination – Requirement that judgment show application of mind – Unsafe conviction quashed.
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28 September 2018 |
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Where the trial record is lost and reconstruction is impossible after long delay, conviction may be quashed and release ordered.
Criminal procedure – Missing trial record – Remedies: reconstruct record, order retrial, or quash conviction – Reconstruction impossible after long lapse – Conviction quashed and immediate release ordered.
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28 September 2018 |
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Unsigned witness record and defective prosecutorial consent rendered convictions unsafe, resulting in quashed convictions and release of appellants.
• Criminal procedure – section 210 CPA – mandatory signature on recorded evidence; unsigned witness evidence is invalid.
• Evidence – cautioned/confession statements: admissibility and effect where accused fails to cross-examine; need to evaluate whole evidence including defence.
• Procedural law – Economic and Organized Crime Control Act (cap. 200) s.29 & s.12(3) – prosecutorial consent must follow statutory procedure and be specific; omnibus consent is defective.
• Evidence continuity – exhibits/valuation certificates must correspond to particulars of charge.
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28 September 2018 |
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Wrong statutory citation rendered the extension application incompetent, divesting the District Court of jurisdiction and voiding its ruling.
Civil procedure – appeals from Primary Court – application for extension of time – wrong citation of statutory provisions renders application incompetent and divests District Court of jurisdiction; proper provision is Section 20(4)(a) of the Magistrates' Court Act (CAP.11). Revisionary powers – Section 30(1)(a) and (c) of CAP.11 – nullity and quashing of proceedings and ruling.
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28 September 2018 |
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Wrong statutory citation rendered the extension application incompetent and the District Court's decision invalid.
Civil procedure — Extension of time to appeal — Appeals from Primary Court — Competence of application; Law of Limitation Act and Civil Procedure Code not applicable to Primary Court appeals; Magistrates' Courts Act s.20(4)(a) empowers District Court to extend time; wrong citation of statute may render application incompetent and deprive court of jurisdiction.
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28 September 2018 |
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Extension of time granted where applicant adequately explained delay in obtaining judgment and accounted for days of delay.
Law of Limitation Act s.14(1) – extension of time to institute appeal – requirement to show sufficient cause and account for each day of delay. Civil procedure – extension of time – evidentiary value of correspondence with court officers in explaining delay. Application of principle in Samson Kishosha Gabba v Charles Kingongo Gabba and requirement to account for delay (Bushiri).
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28 September 2018 |
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Injunction refused for lack of particulars of irreparable harm and claim against non-party bank held incompetent.
Commercial law – interim injunctions – application of AtiIio v Mbowe test (serious question, irreparable harm, balance of convenience). Construction contracts – dispute over lawful termination and arbitration clause. Banking law – advance payment/first-demand guarantee – bank honored unconditional guarantee; recall sought against non-party. Civil procedure – competence of seeking relief against a non-party and appropriateness of invoked provisions.
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28 September 2018 |
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An earlier acquittal bars retrial on the same facts; conviction quashed and refund ordered.
Criminal law – autrefois acquittal (double jeopardy) – s.137 Criminal Procedure Act – prior acquittal bars retrial on same facts. Offences – theft (s.258) and stealing by agent (s.273(b)) – cognate/ substantially the same for purposes of double jeopardy. Procedure – conviction obtained after prior acquittal is unmaintainable; proceedings liable to be quashed and payments refunded.
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28 September 2018 |
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Extension of time to appeal refused where applicant failed to account for each day of delay and prove late receipt of decree.
Land law — Extension of time to appeal — Duty to account for each day of delay — Late supply of decree insufficient without particulars of request and receipt — Application dismissed with costs.
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27 September 2018 |
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Court extended time to file appeal for thirty days despite Section 19(2) making the application technically unnecessary.
Limitation law – Section 19(2) Law of Limitation Act – necessity of application for extension; Extension of time – court’s discretion to grant extension despite technical inapplicability; Procedure – fixed thirty-day period to file appeal; Costs – applicant’s application costs to form part of appeal costs; Access to justice – suggestion of pro bono assistance by Tanganyika Law Society.
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27 September 2018 |
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Unpleaded illness and unexplained delay in obtaining records do not justify extension of time to appeal.
Civil procedure – Extension of time – Application under Rule 10 CA Rules and s.11 AJA – need for sufficient grounds and credible evidence. Affidavit evidence – material facts must be contained in supporting affidavit; oral afterthoughts not permitted. Proof of illness – documentary evidence required where illness is relied on to justify delay. Delay in obtaining court records – applicant must specify when copy was requested; unexplained delay may be attributable to applicant. Judicial discretion – extensions not open-ended; courts must prevent endless litigation.
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27 September 2018 |
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Appeal against custody, maintenance and asset division dismissed; house ownership is a land court issue, appellant failed to prove entitlement.
Family law – custody – best interests of the child; Matrimonial property – division – contribution; Land ownership – dispute involving third party – jurisdiction of Land Court; Untendered title deed and right to be heard of registered owner; Proof and disclosure of bank accounts and company shares; Maintenance – entitlement and burden of proof.
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27 September 2018 |
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An appeal filed beyond the statutory 30-day period without extension is incompetent and is struck out.
Appeal procedure – time limits for appeals to High Court from District Court under s.25(1)(b) Magistrates’ Courts Act; necessity of application or court order to extend time; incompetence of time-barred appeal; effect of non-prosecution by appellant.
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26 September 2018 |
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Court overruled defendant's jurisdictional objection, finding provability of claimed damages is a matter for trial and not a preliminary bar.
Civil procedure – Preliminary objection on jurisdiction – Pecuniary jurisdiction – Distinction between specific and general damages – Whether demonstrability/provability of claimed specific damages is a preliminary matter or for trial – Overruling of jurisdictional objection where claimed amounts are measurable.
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26 September 2018 |
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Proceedings conducted by an advocate without a valid practicing certificate are nullified and dismissed with costs.
Advocates Act (Cap 342) – requirement of practicing certificate; unqualified person; prohibition on acting as advocate or agent; nullity of proceedings conducted by unqualified person; contempt and disciplinary/criminal liability; costs ordered against plaintiff and unqualified representative.
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26 September 2018 |
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Appeal dismissed: identification by known witnesses and lack of a properly pleaded/corroborated alibi sustained conviction.
Criminal law – assault causing bodily harm – identification evidence by known witnesses – alibi procedure and requirements under s.194(4)-(6) CPA – credibility and corroboration by medical evidence – alias and identity issues.
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26 September 2018 |
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Appeal allowed: defective, duplicative charge and weak identification evidence rendered the appellant's conviction unsafe.
Criminal law – Defective/duplicative charge – Lumping statutory rape (s.130) and gang rape (s.131A) in one count; Particulars of offence – requirement to state victim's age where statutory rape alleged; Identification evidence – insufficiency where assailants masked and identification unexplained; Fair trial – procedural anomalies and prejudice; Conviction unsafe where co-accused acquitted for alleged joint offence.
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26 September 2018 |
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Certain paragraphs of the respondent's Counter Affidavit were struck out for being argumentative and not based on personal knowledge.
Civil procedure – affidavits – Counter Affidavit must state facts within deponent's personal knowledge – argumentative or conclusory averments in affidavits are liable to be struck out – application to proceed on merits after striking defective paragraphs.
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26 September 2018 |
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Insurer’s appeal succeeds only on reducing interest to statutory 7%; damages and liability findings otherwise upheld.
Evidence — admissibility of medical reports and identification documents; General damages — trial court's discretionary assessment upheld; Interest on judgment — Order XX Rule 21, default 7% per annum absent written agreement; Insurance law — vicarious liability and insurer’s indemnity; Procedure — suit by guardian/next friend for a minor competent.
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26 September 2018 |
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Conviction for sodomy quashed where medical and testimonial evidence was inconclusive and doubts resolved for appellant.
Criminal law – Unnatural offence (sodomy); sufficiency of evidence; medical evidence and PF3 reliability; delay in examination undermining forensic conclusions; presence of alleged semen not scientifically confirmed; benefit of doubt in criminal cases.
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26 September 2018 |
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Plaintiff entitled to repayment and interest where written investment agreement proved payment and defendant breached contractual returns and repayment.
Contract law – investment agreement – existence and performance – written memorandum (Exhibit P.1) conclusive under section 101 Evidence Act. Evidence – effect of written contract – oral evidence cannot contradict or vary terms required to be in writing. Burden of proof – on party alleging performance and receipt of monies. Remedies – damages for breach under section 73 Law of Contract Act; commercial and decretal interest; costs.
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26 September 2018 |
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A temporary injunction application filed under the wrong CPC provision was struck out and costs awarded.
Civil Procedure – Temporary injunctions – Proper statutory basis – Order XXXVII governs injunctions; Order XXXVIII concerns appointment of receivers – Wrong provision renders application incompetent – Preliminary objection – Striking out with costs.
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26 September 2018 |
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Omission to cite the specific enabling subsection renders the application incompetent and not curable under Article 107A.
Law of Limitation Act s14(1) — failure to cite specific subsection — competence; Article 107A — curative power; improper citation fatal; preliminary objection; affidavit verification (not determined).
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25 September 2018 |
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Preliminary objection that jurat omitted the word "TRULY" dismissed; jurat complied by stating place and date; factual disputes require cross-examination.
Notaries and Commissioners for Oaths – jurat to state when oath is taken – compliance with section 8 requiring truthful statement of place and date – omission of specific word "TRULY" not fatal where place and date are correctly stated; factual disputes about deponent's presence not resolvable on preliminary point of law.
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25 September 2018 |
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Prisoner’s brief delay and reliance on prison officers justified extension to lodge notice of appeal in trial court.
Criminal procedure – extension of time to lodge appeal under section 361(2) – notice of appeal must be lodged in the subordinate trial court – prisoner delay and reliance on prison officers as justification for brief extension.
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25 September 2018 |
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An application to extend time to appeal a taxation (Bill of Costs) decision was struck out for being instituted under the wrong statutory provision.
Advocates Remuneration Order — Taxation of costs — Proper remedy is reference to High Court judge under Order 7(1); Proceedings brought under wrong statutory provision are incompetent and liable to be struck out — Preliminary objections — Jurat on affidavit (raised but not decided).
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25 September 2018 |
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Appeal allowed; convictions quashed where prosecution failed to prove park boundaries, possession and seizure, and trial magistrate erred procedurally.
Criminal law – Proof beyond reasonable doubt – necessity to establish geographic boundaries of protected areas (National Park) to prove entry offence. Evidence – Requirement for seizure notes/exhibits and corroborative investigative evidence in possession and trophy cases. Procedure – Material irregularity where trial court fails to specify statutory basis for conviction; such omission vitiates conviction and sentence. Remedy – Convictions quashed where prosecution fails to discharge burden; remittal or retrial inappropriate in face of evidential insufficiency.
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25 September 2018 |
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Conviction quashed where particulars and summary failed to disclose essential elements of possession, rendering plea unreliable.
Criminal procedure — Plea of guilty — Requirements that particulars of offence and summary of material facts disclose essential ingredients of offence (including nature and mode of possession) — Conviction on plea unsafe if material facts deficient — Appellate relief: quash conviction and release; DPP may re-charge.
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25 September 2018 |
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Extension application struck out because the affidavit was sworn without authority to represent co‑applicants.
Civil procedure – competence of application – affidavit deposed by one applicant purportedly on behalf of co-applicants without proof of authority – lack of locus standi renders application incompetent; Review versus Rule 75 considerations.
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25 September 2018 |
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General and formal defects in the respondent’s defence were curable by amendment, not dismissal.
Civil procedure – Pleadings – Written statement of defence – General and evasive denials contrary to Order VIII Rules 3 and 4 CPC; Signature and verification requirements – Order VI Rules 14–15 CPC; Defects curable by amendment – Order VI Rule 16 CPC; Ex parte hearing where defendant defaulted.
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24 September 2018 |
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Appeal allowed: conviction quashed due to defective charge and lack of jurisdiction; insufficient evidence for retrial.
Criminal law – charge sheet – material variance between statement of offence and particulars – defective charge. Jurisdiction – conspiracy to murder triable by High Court (s.215 Penal Code) – District Court lacked jurisdiction. Evidence – conviction relied on cautioned statements for murder, not for charged offence (conspiracy) – expungement leaves insufficient evidence. Remedy – proceedings, judgment and sentence quashed; no retrial where evidence inadequate.
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24 September 2018 |
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A reference founded on repealed taxation rules was incompetent and struck out, with costs awarded to the respondent.
Civil procedure – Competency of proceedings – Application founded on repealed or dis-applied taxation rules (G.N. No. 515/2015) – Effect of replacement by G.N. No. 264/2015 – Proceedings preferred under a 'dead' law are incompetent and liable to be struck out; costs may be awarded where respondent filed opposing pleadings and preliminary objection.
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24 September 2018 |
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Sickness supported by medical evidence and respondent's lack of objection justified setting aside dismissal for want of prosecution.
Probate appeal – dismissal for want of prosecution – application to set aside dismissal. Evidence of sickness (medical chit) as sufficient cause to excuse non-appearance. Parties' agreement and lack of objection supporting relief. Direction for appeal to proceed; no order as to costs.
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24 September 2018 |
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Prosecution failed to prove offences beyond reasonable doubt due to lack of chain of custody and procedural defects.
Criminal law – burden of proof – prosecution must prove guilt beyond reasonable doubt. Evidence – chain of custody and certificate of seizure required for government trophies. Procedure – proper sequence for tendering exhibits; caution statements must be tendered in compliance with procedure. Arrest and identification – intelligence-based arrest at home insufficient without direct linking evidence.
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24 September 2018 |
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24 September 2018 |
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Defaulting defendant ordered to appear to record settlement as court order and to perform the agreement; costs awarded.
Default judgment — Rule 22(1) High Court (Commercial Division) Procedure Rules, 2012; Specific performance — enforcement of settlement agreement by ordering appearance to record agreement as court order; Costs awarded on default.
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24 September 2018 |
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Conviction based on recent possession unsafe where identification and seizure evidence were deficient.
Criminal law - Cattle theft - Doctrine of recent possession; need for positive identification by special marks (described before viewing); proof of search and seizure (seizure certificate/witness); insufficiency of prosecution evidence; conviction quashed.
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24 September 2018 |
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Applicant granted temporary injunction to restrain sale of mortgaged property pending suit due to risk of irreparable loss.
Civil procedure — Temporary injunction — application of Atilio/Giella tests (prima facie case, irreparable injury, balance of convenience); Mortgage law — sale of mortgaged property pending suit; Allegations of undue influence and statutory Land Act formalities; Interlocutory relief to preserve status quo pending Land Case No. 24 of 2018.
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24 September 2018 |
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The trial tribunal erred in dismissing the applicant's amended land application for lack of locus without proper inquiry.
Land procedure – Amendment of pleadings – Proper filing and receipt of amended application – Locus standi – Tribunal's duty to investigate suspicion before dismissing proceedings – Ex parte injunctive order as evidence of locus – Quash and remit for merits determination.
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24 September 2018 |
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Appeal allowed where trial court failed to enter a proper conviction; judgment quashed and sentence set aside.
Criminal procedure — invalid judgment; failure to enter conviction; conviction must specify offence and Penal Code section; sections 235(1) and 312(2) CPA; omission of co-accused from judgment; remedy — quash or remit to trial court.
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21 September 2018 |
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Application for restoration was incompetent as section 43 does not empower restoration; proceedings struck out with costs.
Land law – Restoration of dismissed proceedings – Jurisdictional basis – Section 43(1)(b) and (2) Land Disputes Courts Act construed as supervisory/revisional, not restoration; Non‑citation/wrong citation of enabling provision renders proceedings incompetent; Requirement of sufficient cause and supporting evidence to revive dismissed matters.
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21 September 2018 |
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A court found group constitution clauses discriminatory and ordered reimbursement for funeral materials at market value, allowing the appeal.
Community/group constitution – exclusionary clauses – paragraphs 9B and 14 found discriminatory and unconstitutional; entitlement to mutual burial assistance; remedy: reimbursement at current market value for funeral materials; evaluation of evidence and appropriate relief.
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21 September 2018 |
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Primary Courts lack jurisdiction for malicious prosecution claims absent customary or Islamic law rules; acquittal alone does not prove malice.
Civil procedure – jurisdiction of Primary Courts – Primary Court jurisdiction limited to matters governed by customary or Islamic law – tort of malicious prosecution not supported by customary/Islamic rules; Malicious prosecution – acquittal not conclusive of lack of reasonable and probable cause – burden on plaintiff to prove malice and absence of probable cause.
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20 September 2018 |
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Appellate court raised an unlawful low fine for corruption to the statutory minimum and ordered payment or imprisonment.
Criminal law – Corruption – Soliciting and receiving bribe under s.15(1)(a) of the Prevention and Combating of Corruption Act No.11/2007 – Sentencing – statutory minimum fine under s.15(2) – appellate correction of illegal sentence – alternative imprisonment and restitution of fines.
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20 September 2018 |
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Applicant failed to show good cause for extension of time; wrong procedural step and unexplained delay fatal to application.
Civil procedure – Extension of time under s.11(1) Appellate Jurisdiction Act – requirement to show good cause and account for each day of delay. Procedural error – instituting a fresh suit inadvertently does not constitute good cause for extension of time. Res judicata – striking out intervening suit limits availability of illegality argument; remedy would be to appeal the order rendering matter res judicata. Costs – unsuccessful extension application dismissed with costs.
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20 September 2018 |
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Conviction quashed where the charge failed to cite the substantive theft provision and evidence related to a different offence.
Criminal procedure – Charge framing – Mandatory requirement under s.135 Criminal Procedure Act to describe the offence and cite the law – Defective charge (s.273(a) cited without s.265) vitiates trial; Variance between charge and evidence – evidence relating to different offence may be expunged; Conviction unsafe where no remaining admissible evidence.
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20 September 2018 |
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Conviction quashed where the victim’s unsatisfactory testimony, medical findings, and inconsistencies raised reasonable doubt.
Criminal law – Rape – Evidence of child victim – unsworn testimony under section 127(7) Evidence Act admissible only if credible and detailed; credibility, medical report inconsistencies, missing material witnesses, and prejudicial charge particulars (‘diverse dates’) may vitiate conviction.
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19 September 2018 |
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A temporary injunction cannot restrain disposal of property that is not the subject matter of the underlying suit.
Civil Procedure — Temporary injunction (Order 37 r.1 CPC) — Requirements for granting injunctions — Property must be subject matter of the suit — Application extraneous/misplaced — Dismissal without costs.
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19 September 2018 |