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Citation
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Judgment date
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| October 2018 |
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Wrong citation of the enabling provision for readmission of a Primary Court appeal renders the application incompetent and is struck out.
Appeals from Primary Courts – Readmission of appeals dismissed for default – Proper provision is Rule 17 of GN No. 312 of 1964; Wrong citation of enabling law renders application incompetent and liable to be struck out; Civil Procedure Code provisions inapplicable where Primary Courts appeal rules govern.
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18 October 2018 |
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Prosecution failed to prove offences beyond reasonable doubt due to defective exhibits, broken chain of custody and statutory seizure failures.
Criminal law – burden of proof – prosecution must prove guilt beyond reasonable doubt. Evidence – tendering and admission of exhibits – exhibits tendered by prosecutor, failure to analyse exhibits as required by s.312 CPA. Chain of custody and seizure – absence of certificate of seizure (s.22 Economic and Organized Crime Control Act) – miscarriage of justice. Trial procedure – inadequately investigated prosecution and defective judgment render conviction unsafe.
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18 October 2018 |
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Withdrawal without leave bars refiling and the compensation claim for destroyed crops was time‑barred.
Civil procedure — Order XXIII r.1(3) — Withdrawal without leave bars refiling; Limitation law — characterization of claim (trespass v. compensation) determines applicable limitation period; Compensation for destruction of crops — one‑year limitation under item 1 of schedule to the Law of Limitation Act.
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18 October 2018 |
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Court granted leave to seek judicial review of administrative decision on resignation, pay and alleged abscondment.
Judicial review — leave required under GN 324/2014 (Rule 5) — Rule 7(1) discretionary power to grant leave without hearing; standard for leave is arguable grounds, not proof; prerogative orders — mandamus and prohibition; employment-related issues — resignation, denial of salaries and entitlements, alleged abscondment.
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18 October 2018 |
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Minister-ordered termination entitles the applicant to severance and repatriation allowances for his children.
Employment law — Termination by Minister — entitlement to severance allowance; Severance vs. long service award distinction; Repatriation allowance — burden on employer to disprove existence of dependent children; Documentary evidence and credibility in enforcement of labour orders.
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17 October 2018 |
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Trial tribunal's failure to decide preliminary objection and to afford the respondent opportunity to be heard rendered its judgment null and void.
Civil procedure – Right to be heard – Ex-parte proof – Court must afford attending advocate opportunity to show cause for non-appearance before proceeding ex-parte. Civil procedure – Jurisdictional/preliminary objections – Tribunal must determine capacity to sue before proceeding to trial. Administrative law – Procedural irregularities that deny audi alteram partem vitiate proceedings and justify quashing of judgment. Land law – Remedy where tribunal proceedings nullified: quash and set aside; fresh suit or retrial on proper parties and locus standi.
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17 October 2018 |
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High Court grants applicants leave to appeal to the Court of Appeal in a land dispute, declining to pre-judge merits.
Land law – Appeal – Leave to appeal under section 47(1) Land Disputes Courts Act – Mandatory requirement; Leave stage versus merits – High Court should not pre-empt appellate determination; Delay in obtaining certified records – extension and right to be heard.
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17 October 2018 |
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An appellant must seek formal extension when delay arises from late supply of judgment; otherwise the appeal is time-barred.
Civil procedure – Appeals – Time limits under section 41(2) Land Disputes Courts Act – Appeal filed after 45 days without extension – time-barred. Law of Limitation Act, s.19(2) – delayed supply of judgment – factual ground requiring a formal application for extension of time supported by affidavit. Procedural requirement – applications for extension of time to prevent endless litigation.
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17 October 2018 |
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Extension of time granted where delay resulted from awaiting the certified copy of the judgment.
Criminal procedure – Extension of time to file notice of appeal and appeal – Whether sufficient cause shown. Procedural delay – Awaiting certified copy of judgment as ground for extension. Unopposed application and concession by State counsel considered in exercising judicial discretion.
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17 October 2018 |
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17 October 2018 |
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A charge citing a non-existent statutory provision renders the trial incurably defective and occasions quashing of proceedings.
Criminal law – charge – citation of non-existent statutory provision – incurably defective charge; fair trial – accused’s right to understand charge; Criminal Procedure Act s.132 and s.135 – mandatory particulars and reference to statutory provision; remedy – proceedings quashed as nullity; retrial discretion and DPP's prosecutorial powers (Article 59B).
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17 October 2018 |
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Appeal allowed because defendant was not properly served in a summary suit; proceedings set aside and retrial ordered.
Civil procedure – Summary procedure (Order XXXV CPC) – Requirement to inform defendant and allow application for leave to defend – Service of summons – Defective/ambiguous affidavit of service vitiates proceedings – Default judgment nullified; retrial ordered.
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16 October 2018 |
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Failure to enter a conviction before sentencing renders the trial court's judgment and sentence a nullity requiring remittal.
Criminal procedure – requirement to enter conviction before sentence – failure to enter conviction renders judgment and sentence a nullity – remedy is remittal to trial court to enter conviction and sentence afresh – appeal premature until valid conviction entered.
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16 October 2018 |
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Appeal struck out because the decree contradicted the judgment, rendering the appeal incompetent.
Land law; decree must reflect judgment; variance between judgment and decree; defective decree renders appeal incompetent; appeal struck out without costs.
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16 October 2018 |
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Court sustained objection to an improperly framed amendment application but departed from the scheduling order to allow proper amendment proceedings.
Civil procedure — Amendment of pleadings — Whether Order VIIIA Rule 4 or s.95 CPC can directly grant amendment — Not competent; may enable departure from scheduling order. Civil procedure — Scheduling orders and pre-trial directions — Court may depart from a scheduling order to enable filing of a proper amendment application.
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16 October 2018 |
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Belated filing of witness statements is impermissible; extension denied and application dismissed with costs.
Civil procedure – Witness statements – Rule 49(1)-(2), High Court (Commercial Division) Procedure Rules – prohibition on filing after prescribed or court‑extended period. Limitation law – s.14(1) Law of Limitation Act – inapplicable to filing witness statements. Civil Procedure Code – s.95 – court’s general power to prevent abuse of process; requirement to show sufficient cause, promptness and diligence. Procedural certainty – late filings as afterthoughts to counter opponent’s evidence are disallowed.
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16 October 2018 |
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A caveat challenge under s78(4) LRA must be brought by application, not by plaint; suit struck out.
Land Registration Act s78(4) — challenge to caveat — mode of proceeding; plaint vs application; Civil Procedure Code Order XLIII r.2 (chamber summons and affidavit) — statutory silence on format; preliminary objection — striking out for wrong procedure.
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16 October 2018 |
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Application to file appeal out of time was struck out because the supporting affidavit improperly contained prayers.
Criminal procedure – extension of time to appeal – application supported by affidavit – affidavits must contain facts not prayers or legal argument – affidavit containing prayers renders application incompetent and liable to be struck out.
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15 October 2018 |
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Stay to refer suit to arbitration refused for lack of contractual connection and failure to show readiness to arbitrate.
Arbitration — Stay of court proceedings under section 6 Arbitration Act — Whether court action relates to arbitration agreements — Requirement to prove willingness/readiness to arbitrate (affidavit or correspondence) — Mere filing of petition insufficient.
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15 October 2018 |
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An application joining leave to appeal and a certificate on points of law is procedurally defective and was struck out.
Land procedure – appellate remedies – improper joinder of leave to appeal and certificate on points of law in one application; affidavit must state facts not law; incorrect rule citation and resultant striking out with leave to refile.
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15 October 2018 |
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Failure to tender perishable government trophies or produce seizure inventory vitiated that conviction; other park-related convictions upheld.
Criminal law – National Park offences – unlawful entry and unlawful possession of weapons in a national park upheld; unlawful possession of government trophies quashed. Evidence – perishable exhibits and certificate of seizure/inventory – prosecution must tender exhibits or comply with section 353(2) CPA or produce satisfactory inventory/evidence of disposal. Proof – failure to produce certificate/inventory and tender exhibits goes to root of case and undermines conviction.
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15 October 2018 |
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Extension of time granted where delay in filing notice of appeal was caused by prison administration and intention was timely expressed.
Criminal procedure – extension of time to file notice of appeal; Court's discretion – to be exercised judiciously; Delay attributable to prison administration – applicant benefits from doubt; Same‑day endorsement on notice – evidence of genuine intention to appeal; Filing requirements – title and registry (High Court at Mwanza; District Court of Serengeti).
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15 October 2018 |
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12 October 2018 |
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A plaint filed in the wrong High Court registry should be returned under Order VII Rule 10 rather than struck out.
Civil procedure – Territorial jurisdiction of High Court registries – Proper registry for suits concerning immovable property; Civil procedure – Order VII Rule 10 – Return of plaint to proper court where suit instituted in wrong registry; Civil procedure – Overriding objective (CPC amendments) – preference for return to ensure just and expeditious resolution.
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12 October 2018 |
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Court quashed guilty plea, conviction and sentence due to procedural defects and ordered the accused's release.
Criminal procedure – guilty plea – essential facts must be read and recorded for plea to be unequivocal; Preliminary hearing (s.192 CPA) not applicable after guilty plea; Cautioned statement inadmissible if not read over to accused; Sentencing – guilty plea and first-offender mitigation ordinarily attract mercy; Revisional powers (s.44 Magistrates' Courts Act) – quashing conviction and ordering release rather than ordering retrial.
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12 October 2018 |
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The court granted a temporary injunction and stayed execution pending revision, applying the balance of convenience.
Interim relief – Temporary injunction – Stay of execution pending revision – Balance of convenience test applied; respondent non‑opposition; costs in the cause.
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11 October 2018 |
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Failure to attach the trial court’s judgment to the memorandum of appeal renders the appeal incompetent and struck out.
Civil Procedure – Appeal – Requirement under section 39(1) CPC to attach a copy of the judgment to the memorandum of appeal – Mandatory nature of requirement – Failure to attach renders appeal incompetent and liable to be struck out.
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11 October 2018 |
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A notice of appeal addressed to the wrong court is fatally defective and the appeal is struck out, subject to limitation for refiling.
Criminal procedure – Notice of appeal – Competence – Where a notice of appeal is addressed to the subordinate trial court instead of the High Court, the notice is fatally defective and the appeal is incompetent; appeal may be struck out. Overriding objective/lay litigant considerations – Court bound by precedent and cannot validate misdirected notice; right to refile subject to limitation.
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11 October 2018 |
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Medical incapacity supported by evidence can justify extension of time to file an appeal.
Civil procedure – Extension of time – Law of Limitation Act s.14(1) – requirement to account for every day of delay – medical incapacity (stroke) as sufficient cause where supported by medical evidence.
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11 October 2018 |
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Applicant granted extension to appeal due to tribunal’s delay in supplying court documents and reasonable explanation of delay.
Extension of time – s.14(1) Law of Limitation Act – need to account for delay – sufficiency of reasons determined by all circumstances; court documents – requirement and probative value of certified copies and alternative evidence (bank pay-in slip); duty of tribunal to endorse documents; discretion to grant extension where delay caused by tribunal's failure to supply documents.
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11 October 2018 |
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A witness's refusal to attend is not an "exceptional reason" to avoid striking out their witness statement.
Civil procedure – witness attendance – High Court (Commercial Division) Procedure Rules, Rule 56 – failure to appear for cross-examination – striking out witness statement unless exceptional reasons exist; unwillingness to attend is not exceptional. Procedural scope – Rule 2(2) of Commercial Rules cannot be used to invoke Order XVI Rule 1 CPC to compel attendance where Rule 56 provides the remedy. Consequence – where plaintiff has no other evidence, dismissal under Order XVII Rule 3 CPC is appropriate.
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11 October 2018 |
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11 October 2018 |
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11 October 2018 |
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An ambiguous plea of guilty permits appeal and requires judicial probing; conviction based on such plea must be quashed and retried.
Criminal law – Plea of guilty – Equivocal, ambiguous or unfinished plea – where plea admits facts but not necessarily every element of offence, trial court must probe.* Criminal procedure – Appeal against conviction after guilty plea – s360(1) CPA and established exceptions permitting appeal.* Trial duty – obligation to clarify accused’s admission where admitted facts could give rise to a defence (e.g. marital exemption).* Remedy – quash conviction and sentence; remit for retrial and account for time served.
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10 October 2018 |
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Appeal dismissed where appellant’s admissions and unchallenged exhibit established theft beyond reasonable doubt.
Criminal law – Theft – Proof beyond reasonable doubt; admission by accused via witness testimony; unchallenged exhibit admissible; sufficiency (not length) of evidence; appellate review of factual findings.
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10 October 2018 |
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Conviction quashed: incompatible rape and incest charges, evidential and procedural defects, and improper consecutive sentences.
Criminal law – sufficiency of evidence in sexual offences; incompatibility of charging rape and incest by males; failure to state statutory basis for conviction; inadmissible/preemptive medical conclusions; adverse inference from absent prosecution witness; improper consecutive sentencing for a single transaction.
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10 October 2018 |
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The applicant lacked locus standi to sue over the deceased's land without letters of administration.
Civil procedure – Locus standi and capacity to sue – Estate matters require letters of administration/probate before instituting suit; omnibus 'family' plaintiffs lack standing; procedural defect nullifies subsequent tribunal decisions.
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10 October 2018 |
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Conviction for rape quashed where eyewitness and medical evidence failed to prove guilt beyond reasonable doubt.
Criminal law – Evidence – Rape – Sufficiency of eyewitness and medical evidence; reliance on suspicion and circumstantial evidence; requirement that prosecution prove guilt beyond reasonable doubt.
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10 October 2018 |
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Conviction for possession of government trophies quashed due to non-production of exhibits and inadequate corroboration of witnesses.
Criminal law – Unlawful possession of government trophies – Non-production of seized exhibits; Evidence – Witness credibility and corroboration – Caution with commonly interested public witnesses and need for independent corroboration; Criminal procedure – Admissibility of retracted cautioned statements and requirement for mandatory judicial inquiries; Prosecution – DPP's consent to prosecute (procedural note).
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10 October 2018 |
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Court granted extension under s.361(2) to file notice of appeal, exercising discretion despite weak reasons, ordering filing within ten days.
Criminal Procedure Act s.361(2) – extension of time to file notice of intention to appeal; escape from lawful custody not automatically good cause for delay; judicial discretion and requirement of good cause; evidentiary value of uncontradicted assertions regarding lost prison documents.
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10 October 2018 |
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Ex parte appeal hearing proper when party notified and absent; courts’ discretion on dowry refund upheld.
Civil procedure – appeal – ex parte proceedings – proper where party duly notified but absent and fails to apply to set aside. Matrimonial law – customary marriage – bridewealth/dowry refund – discretionary remedy. Factors in dowry refund – duration of marriage, existence of issue, conduct of parties. Appellate review – interference only where lower court misdirects or fails to exercise discretion judicially.
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10 October 2018 |
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Non-advocate personal representatives lack right of audience; ex parte CMA award set aside for lack of service and proof.
Labour procedure – time limits for filing applications; right of audience – personal representatives vs advocates on the roll; competence to conduct court proceedings; service of process – proof of service as prerequisite for fair hearing; ex parte awards – grounds for setting aside and remittance to CMA.
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10 October 2018 |
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Defendant’s persistent non-attendance justified striking out the defence and entry of judgment awarding principal, interest and costs.
Civil procedure – striking out defence – failure to attend hearings – Rule 31(1)(b) & (c) High Court (Commercial Division) Procedure Rules GN 250/2012. Contract/Deed of settlement – breach – entitlement to outstanding balance and interest. Interest – contractual and penal interest from breach date to judgment; decretal interest at 7% per annum from judgment until final payment. Costs – awarded to plaintiff, to be taxed.
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10 October 2018 |
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Applicant failed to prove sufficient cause for extension of time due to inadequate, suspicious affidavit and unexplained delay.
Land law — Extension of time to appeal — Applicant must show sufficient cause and account for every day of delay — Affidavit credibility and authenticity of annexures — Illness pleaded but not particularised — Suspicious post‑dated annexure — Application dismissed.
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10 October 2018 |
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Statutory fund held in trust for Government and beneficiaries is not liable to attachment; garnishee order lifted.
Public law – Office of the Attorney General Act – locus standi to protect Government interests; Civil Procedure – Order XXI r.57/58 – garnishee orders as attachments of movable property (bank accounts); Execution law – garnishee order absolute not concluding execution until payment; Trusts/statutory funds – NSSFA ss.61,70 funds vested in Board in trust for insured persons and Government; Attachment – government/held-in-trust funds not liable to execution against Board.
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9 October 2018 |
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Conviction quashed where judgment failed to specify the offence under s.312(2) CPA and omitted consideration of defence evidence.
Criminal procedure — Requirements of a valid conviction under s.312(2) CPA — judgment must specify offence and statutory provision; Criminal procedure — Omission to consider defence evidence vitiates conviction and denies right to be heard; Burden of proof — obligation remains on prosecution to prove offence beyond reasonable doubt.
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9 October 2018 |
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Appellate court quashed appellant's rape conviction after expunging inadmissible exhibits and child witness testimony.
Criminal law – Rape – Admissibility of evidence – PF3 medical report improperly admitted without opportunity to comment – Photographs lacking connection to offence – Cautioned statement not read to accused – Child witness evidence under s.127 Evidence Act requires promise to tell the truth – Expunging inadmissible evidence may defeat prosecution case and warrant quashing of conviction.
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9 October 2018 |
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Higher courts will not disturb Primary Court factual findings on customary estate administration absent extraordinary circumstances.
Probate/Customary law – administration of deceased estate – Primary Court jurisdiction and procedural requirement for clan meeting within ordered timeframe. Civil procedure – appellate review – appellate court will not disturb factual or credibility findings of lower courts absent extraordinary circumstances. Failure to comply with Primary Court order on appointment of administrator renders subsequent appeals premature.
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9 October 2018 |
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9 October 2018 |
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Application dismissed where applicant sued a deceased respondent instead of joining the estate administrator, rendering proceedings incompetent.
Civil procedure — Preliminary objections — Competency of suit against non‑existing party; Order II r.5 CPC — Claims against executors/administrators; Omnibus applications — Permissibility of joining related prayers for extension of time and readmission; Preliminary objection as a means to dispose of proceedings rendered unnecessary or impossible.
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9 October 2018 |