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Citation
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Judgment date
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| December 2018 |
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A magistrate who mediated a settlement cannot vacate that order without lawful review or hearing the appellant.
Civil procedure – mediation and functus officio – a mediator who records settlement should not preside to set aside that order without lawful review. Settlement agreements – deed between plaintiff and one defendant does not bind non‑parties. Natural justice – vacating orders affecting a party without hearing violates audi alteram partem. Review procedure – proper application under CPC (section 78 and Order XLII) required before a court overturns its earlier order.
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7 December 2018 |
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Registered shareholding, not a private internal agreement, determines dividend entitlement; plaintiff awarded 12% of declared dividends plus damages.
Company law – share transfer and entitlement – registered shareholding governs dividend entitlement; private side agreements cannot displace company register. Contract law – private agreement without consideration void and unenforceable. Company law – dividends payable only if recommended and declared (s.180). Tax law – capital gains tax on share transfer is vendor's liability; cannot be deducted from transferee's dividends. Evidence – special damages must be specifically pleaded and strictly proven.
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7 December 2018 |
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Court refused leave to sell goods attached under warrant of distress during pending administration petition, preserving the moratorium.
Companies Act s.249(1)(c) – moratorium on proceedings during administration petition – leave to proceed or sell attached goods – preservation of status quo – perishable goods and creditor interests – discretionary exercise of court’s leave (Re Atlantic Computer; Re Rhoda Waste Disposal).
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7 December 2018 |
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Directors are not personally liable for company debts absent sufficient evidence to lift the corporate veil.
Company law – separate legal personality (Salomon principle) – directors and shareholders not ordinarily personally liable for company obligations. Lifting the corporate veil – requires special circumstances and sufficient evidence; mere directorship/shareholding is insufficient. Effect of default judgment – findings against the companies stand as established in respect of deposit and non-payment.
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7 December 2018 |
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An out-of-time application for leave to appeal, conceded by the applicant, was struck out as incompetent.
Civil procedure – preliminary objection – competence and jurisdiction – application for leave to appeal filed out of time – incompetence and striking out; procedural requirement to determine jurisdictional objections first.
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6 December 2018 |
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Appellant failed to prove ownership on the balance of probabilities; Tribunal’s locus visit and findings upheld, appeal dismissed with costs.
Land law – ownership – burden of proof – civil standard (balance of probabilities) under ss.110–111 Evidence Act; Locus in quo visits – permissible to resolve factual conflicts and accorded respect; Appeals from Land Tribunals – section 45 Courts (Land Disputes Settlements) Act — appellate interference only where error occasioned failure of justice.
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6 December 2018 |
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General medical proof without specific dates and full explanation does not justify a two-year delay to restore a dismissed appeal.
Civil procedure – extension of time – restoration of appeal dismissed for want of prosecution – sufficient cause required – general medical certificate/outpatient letter insufficient to account for protracted delay – must account for each day of delay.
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6 December 2018 |
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Delay caused by a trial court’s defective decree can justify extension of time to file an appeal.
Extension of time – Law of Limitation Act s14(1) – sufficient cause – delays occasioned by defective court records issued by trial court may constitute sufficient cause. Law of Marriage Act s80 – appeal period and role of trial court in transmitting records; copies of judgment/decree not essential for initial filing. Procedural fairness – applicant not to be prejudiced by trial court’s omission to supply correct documents. Authorities – application of Lyamuya test and reliance on Rutagatina where defective documents delayed appeal.
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6 December 2018 |
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A bank supplying incorrect credit-bureau data must rectify it and may be liable for losses caused by its failure.
Credit reporting – duty to ensure correctness and to rectify inaccurate entries – bank’s responsibility when it supplies data to credit bureau. Negligence – failure to correct credit information amounts to negligent handling of customer’s credit status. Evidence – use of section 122 Evidence Act to infer facts from parties’ conduct and correspondence. Damages – recoverability where adverse credit reports cause inability to obtain finance. Liability allocation – inability to shift responsibility to Bank of Tanzania/CRB where bank supplied data and admitted error.
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6 December 2018 |
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Conviction quashed where identification and key exhibits were unreliable and inadmissible.
Criminal law – Armed robbery – Identification evidence by moonlight – Reliability and Amani Waziri criteria – contradictions and delay affect credibility. Evidence – Certificate of Seizure (s.38 Criminal Procedure Act) – requirement for witness signatures and search warrant compliance – non-compliance leads to expungement. Evidence Act – cautioned statement – necessity for inquiry into voluntariness (s.27(2)) before admission – failure to inquire renders statement inadmissible. Corroboration – possession of alleged stolen property insufficient where chain of custody, identification and exhibit competence are defective. Burden – prosecution must prove guilt beyond reasonable doubt.
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5 December 2018 |
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Failure by the plaintiffs to file witness statements within Rule 49(2) led to dismissal for want of prosecution.
Commercial procedure — Rule 49(2) — Mandatory filing of witness statements within seven days after failed mediation; non‑compliance renders belated filings ineffective; Rule 50 not a remedy outside final pre‑trial conference; failure to file witness statements equals failure to prosecute — dismissal for want of prosecution.
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5 December 2018 |
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Appeal dismissed: chaotic mob attack and corroborated alibis meant prosecution failed to prove accused guilty beyond reasonable doubt.
Criminal law – Assault causing actual bodily harm – Identification – Unmistaken identification in the context of a violent mob may be unreliable. Criminal procedure – Assessors – Signatures on judgment indicate participation; non-prejudicial irregularities cured by section 37(2) Magistrates' Courts Act. Evidence – Corroborated alibi and uncontradicted defence evidence can defeat prosecution's case where identification is uncertain. Burden of proof – Prosecution must prove guilt beyond reasonable doubt.
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5 December 2018 |
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A spouse occupying a matrimonial home cannot be evicted by the deceased spouse's estate; eviction order quashed.
Law of Marriage Act s59(3) – protection against eviction from matrimonial home; matrimonial home v. matrimonial asset (s2, s114); continuity of proceedings by legal representative after death; jurisdictional limits of Land and Housing Tribunal in matrimonial disputes; effect of title registration on occupation rights.
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5 December 2018 |
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5 December 2018 |
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Extension application for revision struck out as misconceived; objections sustained and no costs.
Labour law – extension of time to file revision – misconceived applications – striking out application – concession to objections by applicant (lay litigant).
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5 December 2018 |
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Court quashed the applicant's conviction and ordered release due to missing records and prolonged detention.
Missing trial records; appeal cannot proceed on merits without record; disappearance serious but not automatic acquittal; court discretion to order reconstruction, retrial or quash; prolonged detention and State's failure to reconstruct justify quashing conviction and release.
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5 December 2018 |
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A trial magistrate cannot lawfully bar a party from applying to restore an application dismissed for non-appearance.
Magistrates Courts Act s.44(1)(b) — Revisionary jurisdiction; dismissal for non-appearance — trial magistrate lacks power to bar re-filing or restoration; apparent error causing injustice; right to be heard; restoration of application to set aside ex-parte judgment.
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5 December 2018 |
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Extension refused because a filed deed of settlement replaced the decree, leaving no decision to review.
Civil procedure — Extension of time — Review — Compromise of decree under Order XXIII r.3 CPC — Filing deed of settlement replaces original decree — No extant decision to review — Alleged illegality insufficient where decree has been lawfully compromised.
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4 December 2018 |
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4 December 2018 |
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A party's wish for advocate representation can justify transferring a Primary Court case to a District Court under section 47(1).
Magistrates' Courts Act – section 33(1) – advocates barred from Primary Courts; Magistrates' Courts Act – section 47(1) – transfer of cases from Primary to District/Resident Magistrate's Court; Right to legal representation – desire for advocate may justify transfer; Procedural fairness – preventing denial of chosen legal representation.
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4 December 2018 |
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Material contradictions in dates and implausible facts created reasonable doubt, so the High Court dismissed the appeal and upheld the acquittal.
Criminal law – assault causing bodily harm; burden of proof beyond reasonable doubt; material contradictions in dates and testimonies; deference to concurrent findings of fact on second appeal; PF3 evidence and competency to tender/explain it.
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4 December 2018 |
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Second appeal dismissed: assessors were consulted and evidence supported liability for cattle-caused crop damage.
Civil procedure – Second appeal – generally confined to points of law but may review facts in revisionary jurisdiction. Primary Courts – requirement to consult assessors under G.N. No. 2 of 1988 Rule 3(1) – compliance evidenced by assessors' signatures on judgment. Evidence – credibility of eyewitnesses and agricultural officer’s valuation report (Exhibit MX1) – admissibility and weight notwithstanding timing. Torts – liability of cattle owner for destruction of crops and award of compensatory damages.
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4 December 2018 |
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Whether a contractual three-month notice termination was lawful and whether damages could stand without breach.
Contract law – termination by notice under express clause; clause 5.1 independent of clauses for breach (5.2/5.3); appellate reappraisal of evidence on counter-claim; award of damages quashed for lack of breach; interest above 7% requires express agreement.
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4 December 2018 |
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Interlocutory proceedings with no liquidated sum attract Eleventh Schedule; excessive instruction fees disallowed and no costs of taxation awarded.
Advocate Remuneration Order 2015; Ninth Schedule (liquidated sum) vs Eleventh Schedule (non‑liquidated); instruction fees for opposed application (Item 1(m)); Order 48 one‑sixth rule; taxation — excessive fees disallowed.
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4 December 2018 |
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Application to set aside arbitral award dismissed as time‑barred; court did not decide substantive alleged misconduct.
Arbitration — setting aside arbitral award — limitation — effect of stay and parallel proceedings on computation of time — Law of Limitation Act s.21(2) and s.22 — court order permitting filing “subject to laid down procedure” does not imply extension of time — no leave or extension sought, petition time‑barred.
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3 December 2018 |
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Court stayed the commercial suit pending arbitration due to overlapping claims and risk of parallel proceedings.
Arbitration – stay of court proceedings pending arbitration – court may grant stay where there is substantial overlap between court claims and arbitral claims to avoid parallel and inconsistent proceedings. Arbitration clause – applicability to co-defendants and third parties – court may refrain from adjudicating privity where unnecessary to decide stay application. Judicial restraint – court should avoid intruding into arbitral process by compelling parties to conduct arbitration.
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3 December 2018 |
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Court granted conservatory injunction preserving arbitration subject matter to prevent rendering arbitration nugatory.
Arbitration – interim/conservatory measures – power of local courts to preserve subject matter of arbitration (ICC Rules Art.28(2)). Injunction pending arbitration – Atilio v Mbowe test applied (serious issue, irreparable harm, balance of convenience). Preservation of assets – facility inseparable from contract; disposal would render arbitration nugatory. Threshold for addressing substantive breach at interim stage – jurisdictional limits of court versus arbitral tribunal.
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3 December 2018 |
| November 2018 |
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30 November 2018 |
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Appellate court affirmed adultery finding based on credible oral testimony despite absence of the alleged written admission.
Family law – Adultery – Presence in spouse’s house at night – Oral testimony and admissions as primary proof where documentary admission not tendered. Evidence – Credibility – In‑court recantation of an earlier defensive account and corroborating child testimony upheld as credible. Civil appeal – Concurrent findings of fact – Appellate court reluctant to displace trial and first appeal factual findings absent compelling reason.
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30 November 2018 |
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An affidavit containing hearsay about the applicant’s finances and lacking the drawer’s name was defective and the application was struck out.
Election law – security for costs application – admissibility and competency of supporting affidavit. Civil procedure – affidavits – Order XIX r.3(1): affidavits must be confined to deponent’s personal knowledge except where belief is permitted; hearsay inadmissible. Verification clause – must disclose sources for matters on information or belief. Advocates Act s.44(1) – mandatory endorsement of drawer’s name and address; omission renders document defective. Constitutional discretion (Article 107A(2)(e)) cannot cure statutory non-compliance in affidavits.
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30 November 2018 |
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Dismissal for want of prosecution was unjustified where counsel appeared and the absence was excused; application restored.
Civil procedure – Dismissal for want of prosecution – Regulation 15(a) DLHT Regulations 2003 – requirement of three months non-attendance.* Appearance – attendance by advocate constitutes appearance for tribunal purposes.* Adjournment – valid excuse (medical attendance of close relative) and lack of objection by opposing parties negates dismissal.* Quorum/ex parte concerns – absence of some respondents undermined propriety of dismissal.* Remedy – restoration and rehearing before different tribunal chairperson and assessors.
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30 November 2018 |
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Plaintiff's belated claim to land registered in the deceased son's name failed due to acquiescence, estoppel and lack of proof.
Land law – ownership dispute over Title No. 8625 – whether portion falls within administrator's estate. Probate/administration – competing administrators claiming same property under different estates. Evidence – witness testimony and locus in quo inspection confirming registration and physical unity of properties. Procedural – estoppel and limitation (delay/acquiescence) barring belated land claims; relief: dismissal, costs and perpetual injunction.
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30 November 2018 |
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Procedural defects (failure to frame issues, improper admission of criminal judgment) required retrial; appeal allowed and matter remitted.
Civil procedure – Primary courts – admissibility of criminal judgments as evidence – Regulation 6 (weight of evidence) – procedural requirement to allow objection to exhibits – failure to frame issues and analyse evidence – retrial warranted – revision powers under section 29(1) Magistrates' Courts Act.
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30 November 2018 |
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Court quashed federation disciplinary decisions for breach of natural justice and failure to comply with Ethics Code formalities.
Judicial review – certiorari – procedural fairness and natural justice in disciplinary proceedings; compliance with TFF Ethics Code (rules 56, 57, 58, 69) – validity of decision (signatures, composition, date, grounds); affidavit verification and jurat formalities.
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30 November 2018 |
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Leave to appeal granted against a rule 29(3) dismissal; rule 29(4) does not bar appeal and preliminary objection was untimely.
Appellate procedure – s.5(1)(c) Appellate Jurisdiction Act – scope includes High Court rulings; Commercial Division Rules – rule 29(3) dismissal and rule 29(4) remedy; preliminary objections – timing and propriety; leave to appeal – arguable points of law deserving Court of Appeal consideration.
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30 November 2018 |
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Conviction quashed where trial court failed to evaluate evidence, give reasons, and the child witness identification lacked credibility.
Criminal law – Unnatural offence – Burden to prove guilt beyond reasonable doubt; Evaluation of evidence – obligation to analyse and give reasons for conviction; Child witness evidence – voir dire and credibility; Identification evidence – inconsistencies and absent eyewitnesses; Failure to consider defence – effect on safety of conviction.
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29 November 2018 |
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Conviction for statutory rape quashed where victim’s age was not proved and the defence was not properly considered.
Criminal law – Statutory rape – Age of victim is a fundamental element that must be proved by evidence under Sections 130 and 131 of the Penal Code. Criminal procedure – Fair hearing – Trial court must demonstrate consideration of accused’s defence and explain findings. Evidentiary proof – PF3 and medical evidence insufficient where victim's age is not proved.
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29 November 2018 |
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Leave to appeal granted on arguable illegality in winding-up proceedings despite applicant not being an original party.
Commercial law – leave to appeal; winding-up proceedings; standing of non-party to seek leave; alleged illegality and procedural irregularity in appointment/notice; affidavit admissibility; preliminary objection notice requirement.
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28 November 2018 |
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Review application filed beyond limitation period where drawn order was extracted earlier, therefore dismissed with costs.
Limitation of actions – review applications – whether time runs from extraction date of drawn order or date of issuance to party; Law of Limitation Act s.19(2) exclusion; preliminary objections – when they may be raised; procedural/formatting non‑compliance not a pure point of law.
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28 November 2018 |
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Acquittal affirmed for lawful land transfer; separate convictions quashed due to illegal evidence and jurisdictional defects.
Criminal law – evaluation of prosecution evidence – acquittal upheld where transfer of land followed valid court order. Evidence – cautioned and extrajudicial statements – inadmissible if recorded beyond statutory time limits; such statements must be expunged. Evidence – search and seizure & chain of custody – failure to comply undermines admissibility of exhibits. Criminal procedure – defective charge sheet / wrong statutory citation can vitiate trial; DPP consent and certificate of jurisdiction must correctly correspond to charged provisions. Remedies – conviction quashed and sentence set aside; retrial discretionary and may be refused where evidence is insufficient or prosecution gaps would remain.
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28 November 2018 |
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Court ordered amendment for misdescribed defendant and refused relief against a non‑party bank without joinder.
Civil procedure — preliminary objections — misjoinder/misdescription of parties — plaintiff sued wrong/entity misdescribed — relief sought against non‑party — court may add parties (Order I r.10(2) CPC) but may order amendment — misjoinder not fatal (Order I r.9 CPC) — preliminary objections as pure point of law.
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28 November 2018 |
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Court granted extension to a prisoner to file notice and petition of appeal out of time due to lack of prison advice.
Criminal Procedure Act s361(2) — extension of time to file notice of appeal; s361(1)(a) — requirements for notice; s363 — prisoners may process appeals through prison officers; prisoners' right to appeal; delay caused by lack of prison advice; leave to file notice and petition out of time.
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28 November 2018 |
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A convicting judgment that fails to specify the offence and legal provision pursuant to s.312(2) CPA vitiates the conviction and must be quashed.
Criminal procedure – Judgment writing – Section 312(2) CPA – Convicting judgment must specify offence, statutory provision and punishment. Non-compliance with statutory requirements of a judgment is fatal – conviction and sentence vitiated. Remedy – set aside judgment, quash conviction and remit file for a compliant judgment.
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28 November 2018 |
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Court grants extension of time to file a notice of appeal after an appeal was struck out as time-barred.
Criminal procedure – appeal struck out as time-barred – jurisdiction of the High Court over time-barred matters – dismissal versus striking out – extension of time to file Notice of Appeal.
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28 November 2018 |
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Conviction quashed where prosecution failed to prove burglary and theft beyond reasonable doubt; uncorroborated unwritten confession insufficient.
Criminal law – Burglary and theft – Proof beyond reasonable doubt required. Evidence – Alleged extra‑judicial confession not reduced to writing – limited probative value without police testimony or corroboration. Evidence – Footprints and absence of stolen property on arrest insufficient to prove guilt. Procedure – Failure to call investigating officers weakens prosecution case; convictions unsafe if evidence uncorroborated.
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28 November 2018 |
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Applicant failed to show sufficient cause for extension of time to appeal; application dismissed with costs.
Civil procedure – extension of time – sufficient cause – applicant's sickness and prosecution of other proceedings – evidentiary requirement to produce supporting documents; internal inconsistency of pleaded dates undermines credibility.
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27 November 2018 |
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Court allowed 30-day extension where an otherwise timely appeal was struck out for technical defects, permitting a fresh appeal.
Appellate procedure — extension of time under s.11(1) AJA — distinction between real delay and technical defects — striking out for improper exhibits — negligence in filing incompetent appeal does not automatically defeat extension — authorities: Fortunatus Masha; Yara Tanzania Ltd v DB Sapriya.
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27 November 2018 |
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An appeal missing the decree required by Order XXXIX r.1(1) CPC is incompetent and is struck out with costs.
Civil procedure — Appeal — Memorandum of appeal must be accompanied by a copy of the decree — Order XXXIX r.1(1), Civil Procedure Code (Cap 33 R.E.2002) — Noncompliance renders appeal incompetent — Appeal struck out with costs.
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27 November 2018 |
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The applicant's application to register arbitral awards under section 17 was granted; awards ordered registered as court decree.
Arbitration – Registration of arbitral awards under section 17 of the Arbitration Act; proof of payment of court fees; registration by Deputy Registrar to form part of court decree.
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27 November 2018 |
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Whether the applicant must plead jurisdictional facts in a specific paragraph or they may be inferred from the pleadings as a whole.
Civil procedure – Order VII Rule 1(f) CPC – requirement that plaint contain facts showing court’s jurisdiction – whether jurisdictional facts must appear in a single paragraph or may be inferred from the plaint as a whole; Commercial Division – necessity to show commercial nature of dispute.
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27 November 2018 |