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Citation
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Judgment date
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| November 2018 |
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27 November 2018 |
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Plaintiff’s challenge to registry rectification must proceed by statutory appeal (petition) under the Land Registration Act, not a fresh suit.
Land Registration Act (Cap. 334) – Section 99 (rectification) and Section 102 – statutory right of appeal to High Court for decisions/orders/acts of the Registrar; appeal by petition under s.102(3). Civil Procedure Act (Cap. 33) – Section 7(2) – limits of declaratory relief where statutory appeal mechanism exists. Procedure – jurisdictional challenge: fresh suit versus statutory appeal.
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27 November 2018 |
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Challenge to Registrar’s rectification required statutory appeal under the Land Registration Act, so the original suit was struck out with costs.
Land Registration Act — rectification of land register — appeals against decisions, orders or acts of the Registrar — mandatory appeal under section 102(1) and procedure by petition under section 102(3). Civil Procedure Act s7(2) — limits on declaratory relief where the grievance is one for appeal; discretion to grant declarations not available where appellate remedy is prescribed. Jurisdiction — original suit challenging Registrar’s rectification is improper; such matters require statutory appeal. Suit struck out for lack of jurisdiction to entertain original proceedings where appeal route is available.
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27 November 2018 |
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Conviction for gang armed robbery upheld: identification, recent possession and admissible caution statements proved guilt beyond reasonable doubt.
Criminal law – Gang armed robbery – Visual identification in daylight; proximity, prior acquaintance and immediate arrest. Criminal procedure – Reasoned judgment – requirement to evaluate defence evidence; judgement must show consideration of all material evidence. Evidence – Recent possession doctrine and chain of custody established by seizure certificates. Evidence – Minor contradictions curable under section 388 CPA. Criminal procedure – Caution statements – compliance with sections 50 and 51(1) CPA; admissibility and timing.
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26 November 2018 |
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Advocate's negligent advice does not justify extension of time; alleged illegality must appear on the face of the record.
Matrimonial property — application for extension of time to appeal — discretion to extend time — negligence of counsel not sufficient excuse — illegality as ground for extension only if on the face of the record — duty to account for all periods of delay (Lyamuya).
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26 November 2018 |
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26 November 2018 |
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Appellant failed to prove breach of a film-production contract; the appeal is dismissed and no costs awarded.
Contract law – breach of contract – proof on balance of probabilities – credibility of witnesses – ambiguity in contract terms – failure to complete performance due to lack of funds – remedy: appeal dismissed, no costs.
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26 November 2018 |
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Closure notice stopped new orders but did not cancel prior orders; appellant failed to prove post-closure deliveries or unpaid pre-closure invoices.
Contract — effect of notice of closure on pre-existing purchase orders; burden of proving delivery — requirement for delivery notes or receiving officers; evidential value of adverse party's documents; pleadings binding parties; assessment of oral testimony where original documents lost.
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26 November 2018 |
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Summary judgment for bank against borrower and guarantors for unpaid loan with contractual and post-judgment interest.
Commercial law – summary judgment – defendants' leave to appear and defend struck out as defective – summary judgment under Order XXXV r.2(2)(a) CPA and r.68(c) High Court (Commercial Division) Procedure Rules; guarantors' joint and several liability; contractual and penal interest; post-judgment interest; costs.
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26 November 2018 |
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26 November 2018 |
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Extension granted: prison transfer and alleged late service/loss of notice constituted good cause to file appeal out of time.
Criminal Procedure Act s.361(2) – extension of time – "good cause" requirement. Filing Notice of Appeal – no mandatory requirement to attach judgment or proceedings to a notice. Proof of late service or loss of filed documents – contextual assessment; transfers and prison officers' handling can justify delay. Discretionary relief – court to exercise judicially and distinguish authorities on facts.
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23 November 2018 |
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Acquittal upheld where prosecution failed to prove knowledge, intent and preliminary hearing formalities were unmet.
Criminal law – PCCB Act s22 – use of documents to mislead principal – elements: knowledge of falsity and intent to mislead. Criminal procedure – CPA s192 – preliminary hearing memorandum must be read over and explained to the accused; failure bars deeming facts proved. Burden of proof – prosecution must prove guilt beyond reasonable doubt; evidentiary gaps and failure to call key witnesses undermine conviction. PCCB Act s31 (abuse of position) and s28(1) (embezzlement) – require proof of intentional advantage and misappropriation respectively.
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23 November 2018 |
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Court corrected a drawn order under s.96 CPC and certified a point of law on witness competence in title disputes.
Civil Procedure Code s.96 — correction of clerical/accidental slips or omissions in drawn orders; limited remedial power. Leave to appeal — correction of drawn order to reflect grant of leave to appeal. Certification of point of law — court may certify issues for the Court of Appeal where omission occurred. Evidence law — certified question on competence of an interested party who did not defend to testify about passing title without first proving own title.
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23 November 2018 |
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Second appeal dismissed as time‑barred; waiting for judgment copy and payment of fees do not excuse late filing.
Appeals — Time limit for appeals under s.25(1)(b) Magistrate’s Court Act — Appeals originating from Primary Courts — Waiting for copy of judgment does not extend or suspend the 30‑day appeal period — Payment for copies not good cause for delay.
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23 November 2018 |
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An applicant's leave-to-defend in a mortgage summary suit is incompetent if it cites the wrong enabling provision.
Civil procedure – Summary suit arising from mortgage – Leave to appear and defend must be sought under Order XXXV rule 3(1)(c) (Mortgage Financing (Special Provisions) Act 2008). Civil procedure – Competence – Wrong citation of enabling provision renders application incompetent (court not properly moved). Civil procedure – Affidavit requirements – Objection that supporting affidavit contains matters not within deponent's personal knowledge (Order XIX r.3(1)) raised but not decided.
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23 November 2018 |
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Court allowed amendment of a technically defective bill and taxed costs at Tshs. 26,577,840.25, reducing excessive instruction fees.
Taxation – Bill of costs – Compliance with Order 55 of Advocates Remuneration Order 2015 – procedural non-compliance curable where no prejudice shown; Costs – Instruction fees – application of scale and reduction where matter did not proceed to full trial; Attendance fees – allowance at modest fixed sums where hours not specified; Disbursements – court fees taxed as presented.
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23 November 2018 |
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Failure to produce the statutory certificate of seizure and establish chain of custody vitiated the prosecution's case; convictions quashed.
Wildlife offences – unlawful entry and possession of government trophies; evidential foundation and chain of custody – requirement for statutory certificate of seizure (s.22(3)(ii), Economic and Organised Crime Control Act); failure to label/tender exhibits and establish custody vitiates prosecution case; burden of proof beyond reasonable doubt.
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23 November 2018 |
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An application was struck out for being incompetent due to imprecise citation of the enabling statutory provision.
Civil procedure — Probate and administration — Application for revocation of letters of administration — Wrong citation of enabling statutory provision (Section 49) renders application incompetent — Defective affidavit issue unnecessary where primary defect fatal — Application struck out.
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23 November 2018 |
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Application for extension of time struck out for procedural defects; leave granted to refile within seven days.
Civil procedure – appeal – extension of time – requirement to lodge a Notice of Appeal before applying for leave. Probate – non-joinder – Administrator General’s role and necessity of joining proper parties in probate-related applications. Procedural defects – striking out defective applications; leave to refile; costs.
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23 November 2018 |
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Citation of a non-existent statutory edition is a curable error; applicant ordered to rectify summons within seven days.
Procedure — Preliminary objection — Wrong or non-existent statutory citation — Whether citation error renders application incompetent or curable — Amendment/rectification of chamber summons allowed — No order as to costs.
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23 November 2018 |
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A court lacking jurisdiction to determine land ownership renders its proceedings, judgment and decree a nullity.
Jurisdiction – land disputes – ownership and disposition of land fall within forum established by Land Act and Land Disputes Courts Act (Cap 216 R.E.2002); proceedings by a court lacking jurisdiction are nullities.
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23 November 2018 |
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Application for letters of administration struck out due to materially inconsistent affidavit undermining applicant's entitlement.
Probate and administration – application for letters of administration – applicant’s identity and relationship to deceased – material inconsistencies in affidavit – affidavit as substitute for oral evidence – credibility and entitlement to administration.
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23 November 2018 |
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23 November 2018 |
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Application for extension of time to seek leave to appeal dismissed as applicants’ delay was not adequately explained.
Civil procedure — extension of time to apply for leave to appeal — explanation for delay — awaiting copies of judgment — filing for copies made out of statutory time — insufficient excuse. Amendment to s.47(1) LCDA — retrospective effect contested but not determined by trial court.
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22 November 2018 |
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Typographical mis‑titling of a ruling and variance with the drawn order rendered the appeal incompetent; appeal struck out.
Civil procedure – defective form of judgment/ruling – typographical error in court title – correction under sections 95 and 96 CPC – variance between ruling and drawn order – appeal incompetence – striking out of appeal.
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22 November 2018 |
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The applicant's contractual claim was time‑barred; liquidation appointment excluded time but the suit remained filed out of time.
Limitation of actions – Law of Limitation Act (Cap 89) – s3 and s22 – accrual of cause of action for contract claims – liquidation appointment as stay of proceedings excluding period from computation – preliminary objection as pure point of law.
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22 November 2018 |
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Applicant wrongly sought extension of time under the Law of Limitation Act instead of the Land Disputes Courts Act; application struck out.
Civil procedure — Extension of time to appeal — Whether Law of Limitation Act s.14(1) may be used to extend time to appeal decisions of the District Land and Housing Tribunal; Statutory interpretation — Where a specific statute (Land Disputes Courts Act s.41(2) as amended) provides for extension of time, general limitation provisions do not independently confer the same relief; Preliminary objection — Competency of proceedings and striking out incompetent applications.
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21 November 2018 |
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21 November 2018 |
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An appeal lacking a valid notice of appeal is incompetent and must be struck out.
Criminal procedure – Notice of appeal – Validity and competence – Notice must be addressed/filed in respect of the court that tried the case; misaddressed or absent notice renders appeal incompetent and liable to be struck out.
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21 November 2018 |
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Voir dire abrogated; victims' ages were not proved and prosecution failed to establish rape and grievous harm beyond reasonable doubt.
Criminal law – sexual offences – statutory/constructive rape – age of victim an essential element and must be proved by evidence; charge sheet not evidence. Evidence – child witness testimony admissibility after promise to tell truth (voir dire under s.127(2) Law of Evidence Act abrogated by 2016 amendments). Appeal – convictions must rest on strength of prosecution case, not weakness of defence; contradictions and gaps vitiate criminal conviction. Criminal procedure – requirement to prove specific date/time/place where charged; failure may undermine prosecution case.
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21 November 2018 |
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Appellant's theft conviction quashed where contradictions in prosecution evidence created reasonable doubt.
Criminal law — Theft — Proof beyond reasonable doubt — Possession after taking insufficient without proof of dishonest misrepresentation — Contradictions in prosecution evidence undermine case — Benefit of reasonable doubt to accused.
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21 November 2018 |
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Contradictions in prosecution evidence created reasonable doubt, so theft conviction was quashed for failure to prove guilt beyond reasonable doubt.
Criminal law – Theft – Standard of proof beyond reasonable doubt – Effect of contradictions in prosecution witnesses’ evidence – Benefit of doubt to accused.
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21 November 2018 |
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Failure to record reasons for transfer under section 214(1) and to inform accused vitiates the trial, warranting retrial.
Criminal procedure – transfer of trial between magistrates – section 214(1) C.P.C. – duty to record reasons and inform accused – failure vitiates trial. Remedy – retrial by another magistrate; revisional powers under section 373(1). Evidence – identification by spotlight examined but not sufficiently conclusive to preclude retrial.
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20 November 2018 |
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20 November 2018 |
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Divorce for cruelty upheld; matrimonial home proceeds ordered split equally instead of 70:30.
Family law – Divorce – Grounds for divorce (cruelty) – Matrimonial property – Contribution through domestic work and improvements – Division of proceeds on sale – Sale appropriate where neither spouse can remain for best interests of children – Admissibility and weight of testimony by relatives.
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19 November 2018 |
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19 November 2018 |
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Dispute arose pre-2016 amendment: CMA had jurisdiction; arbitrator's ruling to the contrary quashed and matter remitted.
Labour law – jurisdiction of CMA – whether public servants must exhaust internal public service remedies before instituting CMA proceedings Public Service Act s.3 (definition of public servant) and Written Laws (Misc. Amendments) Act No.3 of 2016 (insertion of s.32A) Fixed-term contracts and exclusion from public servant status Temporal application of statutory amendments
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19 November 2018 |
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A defective first‑appellate judgment failing Rule 16 requirements can be quashed and remitted by the High Court.
Civil Procedure (Appeals Originating in Primary Courts) Rules — Rule 16 — requirement that appellate judgment state points for determination, decision and reasons. Appellate practice — where first appellate court fails to determine issues, second appellate court should not substitute itself to decide facts. Revisionary powers — High Court may quash defective appellate judgments under s.44(b) Magistrates Courts Act and remit for fresh judgment.
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19 November 2018 |
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Appeal allowed: conviction quashed for insufficient evidence, unreliable identification and no proof of possession.
Criminal law – Burglary and theft – Identification evidence – Reliability of visual ID at night – Recent possession doctrine – Failure to tender stolen property as exhibit – Proof beyond reasonable doubt.
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16 November 2018 |
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Court granted a temporary stay of execution pending determination of an application to set aside an ex parte judgment.
Stay of execution — pending application to set aside ex parte judgment — discretion under Order XXI CPC — balance of convenience and irreparable loss — right to be heard and protection of property.
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16 November 2018 |
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Bail for manslaughter denied due to lack of reliable sureties and contradictions between affidavit and oral testimony.
Criminal procedure – Bail – Manslaughter bailable under s.148(3) CPA – Appearance must be secured by reliable sureties per ss.148–160. Evidentiary assertions at bail stage – Applicant cannot decide merits by alleging prosecution evidence is weak. Contradictory affidavit and oral testimony – Inconsistency undermines bail application. Procedural practice – Bail applications in homicide matters better filed after plea/preliminary hearing.
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16 November 2018 |
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Second appeal dismissed: respondent’s survivorship and consent-based occupancy defeat appellant’s adverse possession claim.
Land law – locus standi – survivorship of spouse in jointly-held property – spouse entitled to claim interest after purchaser’s death. Adverse possession – occupancy by consent cannot found adverse possession; abandonment and 12 years' exclusive possession required. Appellate practice – second appeal will not disturb concurrent findings of fact absent misapprehension of evidence or miscarriage of justice.
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16 November 2018 |
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Court granted extension under s.11 AJA where a 16-day delay by an unrepresented applicant amounted to sufficient cause.
Appellate procedure – Extension of time under s.11 Appellate Jurisdiction Act – applicant must show sufficient cause and account for each day of delay; unrepresented status may justify short delays.
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16 November 2018 |
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Court overruled objections: s11(1) AJA proper, omission of judge’s name not fatal, omnibus extension application allowable.
Practice and procedure – Extension of time to appeal – Section 11(1) AJA appropriate remedy; formality requirements for notices of appeal do not apply to chamber summonses; omission of judge’s name in chamber summons not fatal if decision with correct name attached; omnibus application permissible where prayers are related and not reserved for multi-judge determination.
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16 November 2018 |
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Cautioned statements failing section 57 procedures or four‑hour compliance are inadmissible; prosecution withdrew and accused discharged.
Criminal procedure – cautioned statements – statutory certification, reading, signing and initialling requirements under section 57(3) and (4) – non‑compliance renders statement inadmissible. Criminal procedure – four‑hour rule under section 50(1)(a) and extensions under section 51 – prosecution’s burden to prove compliance. Evidentiary duty of recording officer to ensure and testify to lawful procedure when tendering cautioned statements. Withdrawal of proceedings – discharge under section 91(1) of the Criminal Procedure Act.
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16 November 2018 |
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Acquittal where medical proof of grievous injury existed but identification evidence and admissible corroboration were inadequate.
Criminal law – Attempted murder – Medical evidence (PF3) showing life‑threatening injuries; Identification/recognition evidence – need for contemporaneous description, earliest naming, and clear lighting; Admissibility – prohibition on calling witnesses whose statements were not read at committal without s.289 notice; Burden – failure to prove identity leads to acquittal.
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16 November 2018 |
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16 November 2018 |
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Plaintiff proved issuance of letters of credit but failed to show proper administration or indebtedness; claim dismissed with costs.
Banking and commercial law – letters of credit – requirement of strict compliance and proper administration by the issuing bank. Evidence – burden of proof in civil proceedings – plaintiff must prove letters of credit, shipping documents, invoices and payments on balance of probabilities. Contract formation – instruction to a third party to channel payments does not necessarily create a contract between the beneficiary and the third party. Remedies – failure to prove administration or indebtedness results in dismissal with costs.
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16 November 2018 |
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Plaintiffs' challenge to mortgage sale failed for lack of proof, but bank breached re-valuation clause and owes compensation.
Mortgage and execution – auction of mortgaged property – adequacy of notice by newspaper publication – re-valuation clause in settlement agreement – breach for failure to re-value – measure of compensation (10% of sale price). Inventory and movables – burden of proof to show movables remained and were wrongfully sold or withheld. Eviction – allegation of forcible eviction rejected where debtor had notice of attachment and sale.
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16 November 2018 |
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Appellate court affirmed lower tribunals: respondent proved ownership and appellant's admission showed encroachment blocking public passage.
Land law – boundary dispute and encroachment – planting of crops obstructing public passage – proof of ownership and possession on balance of probabilities. Evidence – admission in cross-examination as supporting evidence – application of Evidence Act ss.110 and 111. Civil procedure – second appeal – appellate review of factual findings of lower tribunals.
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15 November 2018 |