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Citation
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Judgment date
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| October 2018 |
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Court granted applicant extension to file notice of appeal due to technical delay while pursuing Court of Appeal.
Civil procedure — Extension of time to file notice of appeal — Section 11(1) Appellate Jurisdiction Act — Technical delay caused by prior proceedings at Court of Appeal — Discretion exercised where delay satisfactorily explained and application unopposed.
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9 October 2018 |
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Dismissal of a partly heard land suit for applicant’s absence was unlawful; tribunal should have closed absent party’s case and proceeded.
Land disputes — Dismissal for non-appearance; Partly heard proceedings — closure of absent party’s case and proceeding in absence; Regulation 11(1) GN.174/2003 — applicability at commencement of hearing; Revisionary powers — section 43 Land Disputes Courts Act; Procedural fairness — right to be heard in partly heard matters.
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9 October 2018 |
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Conviction based on unsafe night identification and an improperly admitted cautioned statement was quashed and sentence set aside.
Criminal law – Visual identification at night – need for evidence on intensity, duration, area illuminated, descriptive particulars and earliest naming of suspect. Criminal procedure – Cautioned statements – requirement to test admissibility/voluntariness (trial-within-trial) before admission; improper admission to be expunged. Appellate review – conviction unsafe where identification and confession evidence are defective.
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8 October 2018 |
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Applicant granted bail in an economic crime case subject to statutory sureties, property security and travel restrictions.
Bail — Economic and organized crime — Application for bail pending trial — Conditions under section 36(5) Economic and Organized Crime Control Act (as amended). Sureties and security — two reliable sureties, bond amounts, immovable property title deed as security. Travel restriction — surrender of travel documents and regional movement limitation. Prosecutorial non-opposition — effect on court’s exercise of discretion.
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8 October 2018 |
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Application struck out because the jurat failed to show whether the commissioner knew or was shown the deponent and when oath was taken.
Civil procedure — Affidavit jurat — Commissioner for oaths must state whether he knew or was shown the deponent and when oath was administered — Failure renders affidavit fatally defective — Defective affidavit renders application incompetent and liable to be struck out.
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8 October 2018 |
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Revision dismissed; District Court correctly dismissed late appeal for being time-barred, application lacked merit.
Civil procedure — Appeal time-limits — Appeal filed out of time without notice or application for extension — Jurisdiction — Dismissal for being time-barred. Revision — Not a substitute for appeal — No grounds to interfere where appeal is time-barred.
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8 October 2018 |
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Illness and delay in obtaining judgment copies constituted sufficient cause to enlarge time to file an appeal.
Extension of time — Sufficient cause — Delay caused by illness and late supply of judgment copies — Misunderstanding by relative — Extension granted.
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7 October 2018 |
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Applicant failed to account for each day of delay; extension of time to appeal was refused and application dismissed with costs.
Limitation of actions – extension of time under section 14(1) Law of Limitation Act – requirement to show sufficient cause and account for each day of delay – admissibility of medical evidence where unsworn/uncertified.
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5 October 2018 |
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Ward Tribunal decision rendered a nullity because its secretary participated and signed the judgment; matter remitted for fresh trial.
Land law – Ward Tribunal procedures – locus in quo inspections and role of village elders in demarcation; Administrative law – requirement for reasons in Tribunal judgments; Property law – adverse possession raised on appeal; Jurisdiction – pecuniary limits of Ward Tribunal; Procedural law – illegality and nullity where Ward Tribunal secretary participates/signs decision; Remedies – revisional powers under s.43(2) Land Disputes Courts Act; order for retrial.
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5 October 2018 |
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Applicant failed to show sufficient cause to extend time for appeal; hospital proof and diligence were inadequate.
Extension of time — discretion and requirement of sufficient cause — evidence needed to prove hospitalization (admission/discharge records vs NHIF claim form) — applicant’s diligence and unexplained delay between judgment and alleged hospitalization.
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5 October 2018 |
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Appeal dismissed: Ward Tribunal’s ex‑parte proceedings valid because the applicant was served and waived the right to be heard.
Land law – Ward Tribunal procedure – effect of defective or inconsistent summons – service held effective where recipient aware of proceedings. Civil procedure – ex‑parte proceedings – non‑appearance as waiver of right to be heard; no breach of natural justice if properly served. Evidence – Ward Tribunal assessors not required to cross‑examine witnesses. Tribunal composition – gender balance not mandatory for quorum in ordinary Ward Tribunal proceedings. Precedent – Hemedi Said v Mohamed Mbilu applied on weighing evidence when one party defaults.
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5 October 2018 |
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High Court dismisses appeal as time-barred under section 38(1) LDC Act; no extension of time sought.
Land law – Appeals – Time limits – Appeal to High Court from District Land and Housing Tribunal – Section 38(1) Land Disputes Courts Act Cap 216 RE 2002 – 60-day filing period – Extension of time – Inadequate explanation for delay – Appeal incompetent and dismissed with costs.
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4 October 2018 |
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A representative suit filed without prior leave is premature and should be struck out rather than withdrawn.
Civil procedure – Representative suit – Requirement of prior leave to sue in a representative capacity – Filing without leave renders plaint premature and improper; remedy is striking out. Civil procedure – Preliminary objection – Withdrawal after objection raised cannot be used to pre-empt the objection.
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4 October 2018 |
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Doctrine of recent possession and police property records upheld conviction for stealing despite missing seizure certificate.
Criminal law – Theft/stealing – Application of doctrine of recent possession – when possession plus lack of explanation permits inference of guilt. Evidence – Identification of property by owner (chassis, engine, registration) and documentary proof (registration, sale agreement, police PF63). Evidence – Chain of custody and admissibility of exhibits – absence of formal certificate of seizure not necessarily fatal where police property records corroborate possession.
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4 October 2018 |
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4 October 2018 |
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The court held the land claim was not time‑barred: the right of action accrued in 2010, so the 12‑year limitation did not apply.
Land law – limitation period to recover land – Item 22, First Schedule, Law of Limitation Act (12 years) – accrual of cause of action under s.9(2) – dispossession/discontinuance – adverse possession vs invitee – concurrent findings of fact – Ward Tribunal pecuniary jurisdiction (pleadings and burden).
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4 October 2018 |
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Night-time visual identification without details of lighting and a delayed, unexplained weapon seizure made the conviction unsafe.
Criminal law – Visual identification at night; conditions for safe identification (light source, intensity, distance, duration, sobriety, traumatic surprise) – Admissibility of exhibits – seizure delay and chain of custody – Proof beyond reasonable doubt – Evaluation of defence evidence.
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4 October 2018 |
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A petition to set aside an arbitral award was struck out for failure to annex certified copies as required by Rule 8.
Arbitration Act – setting aside award – mandatory compliance with Rule 8 (certified copies) – non‑compliance renders petition incompetent; Alleged arbitrator bias/conflict – requirement to disclose past/present relationships; court’s limited review under section 16 – errors of fact/law usually not grounds for setting aside.
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3 October 2018 |
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3 October 2018 |
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3 October 2018 |
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Failure to cite the specific sub-rule (Rule 32(3)) rendered the application incompetent and it was struck out with costs.
Commercial procedure – citation of statutory provisions – Rule 32(3) of the High Court (Commercial Division) Procedure Rules – wrong or non-citation of the relevant sub-rule renders application incompetent; jurisdictional defect not mere technicality.
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3 October 2018 |
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Appellant proved cost of drawings/BOQ only; no binding contract shown for broader construction claim.
Contract formation — documentary evidence — introductory letter versus binding contract; meeting minutes and BOQ — proof on balance of probabilities; entitlement to compensation for preparation of professional documents; locus visit discretionary and not ordered.
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3 October 2018 |
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District Court's revisional order was perverse; High Court quashed it and restored Primary Court's decision.
Civil procedure – revision under s.22(1) Magistrates' Courts Act – limits of revisional jurisdiction; execution/objection proceedings – identity of judgment debtor; proper remedy is a suit to determine ownership; High Court inherent/revisional powers to spare defective proceedings.
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3 October 2018 |
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Court held monthly instalments not of essence; full payment within five months satisfied settlement, oblige respondent to discharge mortgages.
Contract/consent decree – interpretation of time stipulations – when time is 'of the essence' in instalment payments under a settlement deed. Default clauses – effect of creditor's conduct (waiver/extensions) on right to enforce default. Enforcement/remedies – satisfaction of judgment and duty to discharge mortgages and surrender title deeds upon full payment.
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3 October 2018 |
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Appellant's unproven possession claim failed; respondent's registered purchase conferred right to vacant possession.
Land dispute — proof of title and possession — village ledger and land office map as evidentiary basis for ownership; identification by block/plot numbers; appellate confirmation of vacant possession.
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2 October 2018 |
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2 October 2018 |
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A review application filed five days after the 30‑day limit is time‑barred and dismissed without costs.
Limitation law – review applications – 30‑day filing requirement under Law of Limitations Act Cap 89 RE 2002; application filed five days late – time‑barred and dismissed; competency raised suo motu; no costs where court raises issue.
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2 October 2018 |
| 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 |