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Citation
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Judgment date
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| January 2019 |
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Appellants failed to prove lawful allocation or properly tender evidence; appeal dismissed and tribunal decision upheld.
Land law – proof of allocation – occupier must prove allocation by village authority on balance of probabilities – production of key witnesses and documents required. Evidence – weight of evidence and failure to tender documents – afterthought objections. Improvements – crops do not confer lawful occupation absent valid allocation. Procedure – right to call witnesses; closing case precludes later complaints.
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31 January 2019 |
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Plaintiff’s challenge to a caveat failed as time-barred and for not disclosing a cause of action; plaint rejected.
Land law – Caveat – Section 78 Land Registration Act – effect of s.78(6) (one-month suspension) – accrual of cause of action on notice – limitation (Item 21, First Schedule, Law of Limitation Act) – pleading requirements for caveat disputes – necessity of up-to-date search certificate – plaint failing to disclose cause of action – rejection under Order VII r.11(a)/r.12.
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31 January 2019 |
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Plaintiff’s caveat challenge dismissed for failing to plead the caveat, not showing register status and being time-barred.
Land law – Caveat under s.78 Land Registration Act – necessity to plead/annex caveat and file up-to-date search certificate; s.78(6) one-month suspension of registration; limitation – Item 21 Law of Limitation Act (60 days) – plaint failing to disclose cause of action – Order VII r.11(a) Civil Procedure Code – rejection of plaint.
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31 January 2019 |
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Objection to execution of a Primary Court attachment must be brought in the executing Primary Court under Rule 70; District Court lacked jurisdiction.
Procedure — Execution of Primary Court decree — Third‑party objections to attachment and sale — Rule 70, Magistrate’s Courts (Civil Procedure in Primary Courts) Rules GN. No. 310/1964 governs objections; Civil Procedure Code (CAP.33) not applicable to Primary Court matters absent express provision — Executing court must investigate objections — District Court lacked jurisdiction; proceedings nullified.
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31 January 2019 |
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Applicant failed to show sufficient cause for a six‑year delay to set aside dismissal for want of prosecution.
Extension of time – setting aside dismissal for want of prosecution; sufficient cause; duty to account for each day of delay; need for particularity in medical/caregiving excuses; alleged illegality requires attachment/particulars of impugned decision; costs awarded.
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31 January 2019 |
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Applicant lacked standing and unjustified delay; extension of time for revision of probate decision dismissed.
Civil procedure – extension of time under the Law of Limitation Act – delay and lack of locus standi in probate matters. Probate law – requirement of appointment (letters of administration/administratrix) before challenging estate distribution. Procedural competence – appeals struck out as incompetent must be remedied before pursuing revision. Equity – applicant’s conduct (seeking disproportionate share) relevant to relief.
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31 January 2019 |
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Application for extension denied because applicant, not appointed administratrix, lacked standing and alleged illegality was insufficient.
Civil procedure – Extension of time – Sections 14(1),(2) Law of Limitation Act and 3(1),(2) Magistrates' Courts Act – whether delay justified for revision application. Probate law – Locus standi – Person not appointed administratrix lacks standing to challenge estate distribution. Competence of appeal – Effect of appeal struck out on subsequent applications. Alleged illegality – Insufficiency of grounds to warrant extension of time.
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31 January 2019 |
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Combined mediation-arbitration without proper notice/agreement rendered CMA award irregular; quashed and remitted for rehearing.
Labour law – mediation and arbitration – combined process – requirement for notice and agreement under rule 18 GN 64 of 2007 – mediator’s role and completion of mediation formalities – procedural irregularity rendering CMA award void and remit for rehearing.
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31 January 2019 |
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Waiting for certified copies and legal aid can justify extension of time to appeal if the applicant acted diligently.
Extension of time – Law of Limitation Act s14(1), s19(2) – exclusion of time spent obtaining certified copies – diligence in obtaining legal aid – affidavit of court clerk not always necessary.
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31 January 2019 |
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Application for extension of time dismissed for failing to account for inordinate delay and lack of diligence.
Civil procedure — Extension of time — Applicant must account for each day of delay; delay must not be inordinate; applicant must show diligence (Lyamuya guidelines). Requirement of showing point of law or illegality on the face of the record as exceptional ground for extension. Computation of time — certification date and effect on appeal timetable.
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31 January 2019 |
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Appeal dismissed: insufficient evidence that attached property was matrimonial or that respondent was spouse of judgment debtor.
Civil procedure – execution and attachment – whether property attached is matrimonial – burden to prove marriage or joint ownership – non-party to sale agreement – proof by witnesses.
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31 January 2019 |
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Appeal dismissed: attachment quashed because appellant failed to prove marriage or that the attached property was matrimonial.
Property attachment – Matrimonial property – Requirement to prove marriage or joint ownership before attaching property of a non-party; Evidence – Proof of marriage or continuous cohabitation and acquisition timing of property; Procedural – Attachment against non-party where ownership not established.
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31 January 2019 |
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Leave to appeal refused; caveat emptor applies to subsequent purchaser and an absolute gift divests donor of resale rights.
Land law – leave to appeal – application for certificate on points of law – caveat emptor and subsequent purchasers; donation (gift) – effect of absolute donation on ownership; vendor’s rights after donation; possession and priority between donees and later purchasers.
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31 January 2019 |
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Arbitral award revised and rehearing ordered where arbitrator decided unpleaded probation termination, denying right to be heard.
Labour law — Revision of CMA award — Arbitrator deciding unpleaded issues (probationary termination) — Departure from issues framed — Denial of right to be heard — Rehearing ordered before different arbitrator.
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31 January 2019 |
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Court held communal-group death-consolation dispute non-justiciable; respondent failed to prove claim and appeal was allowed.
Civil procedure – Justiciability – disputes arising from small communal voluntary insurance or social sanction arrangements – ordinarily non-justiciable by ordinary courts. Evidence – Burden of proof – requirement to prove civil claim on balance of probabilities. Locus standi – raising standing objections where no cause of action exists. Procedural fairness – admission of cases and appellate oversight when jurisdiction or justiciability is in doubt.
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31 January 2019 |
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Advocate's mistake and lay status insufficient; unexplained 28-day delay and lack of arguable appeal warranted dismissal.
Land law — Extension of time to file appeal — Exclusion of time spent prosecuting a misfiled revision under s.21(1) Law of Limitation Act — Adequacy of reasons (advocate’s mistake, layperson) — Requirement to account for each day of delay — Arguable appeal and execution orders.
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31 January 2019 |
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Reliance on advocate's mistake and lay status did not justify extension of time to file an appeal.
Extension of time – Land Courts' Act s38(1) – Law of Limitation s21(1) (time spent prosecuting proceedings in incompetent court excluded) – sufficient cause requires accounting for each day of delay – factors: length of delay, reasons, arguable appeal, prejudice – no arguable appeal where execution/eviction order already issued.
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31 January 2019 |
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Court granted bail under EOCCA subject to statutory cash deposit and sureties to protect presumption of innocence.
Criminal procedure – Bail under the Economic and Organized Crime Control Act – Sections 29(4)(d), 36(1) and 36(5) – mandatory cash deposit where alleged property value is TShs 10,000,000 or more. Constitutional law – Presumption of innocence – Article 15(2)(a) – unreasonable denial of bail. Economic crimes – multi-accused proceedings and appropriate bail conditions to secure attendance.
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31 January 2019 |
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Applicant failed to prove forgery or unfairness; dismissal found substantively fair and terminal benefits denied.
Employment law – dismissal for misconduct – proof on balance of probabilities – credibility of admission/repayment agreement – alleged forgery or coercion must be specifically proved – procedural irregularities do not invalidate substantively fair dismissal (section 37(2) ELRA referenced).
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31 January 2019 |
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Appeal allowed where trial court ordered ex parte hearing without clear proof of service on the appellant.
Civil procedure — Service of process — Proof of service required before proceeding ex parte — Ex parte proof and instant hearing premature where service unclear — Lower court judgments quashed for lack of service.
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31 January 2019 |
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Failure to inspect locus in quo undermined tribunal findings; applicant entitled to ownership of the 8x10 paces only.
Land law – boundary/possession dispute – necessity of visiting locus in quo in boundary disputes – inspection of site important where factual measurements and encroachment issues arise. Jurisdiction – ward tribunal territorial competence – GN No.316/2002 governs DLHT jurisdiction, not ward tribunals. Evidence – need for clear, serious evidence to establish revocation of allocation or extension of possession into registered plots.
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31 January 2019 |
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Ward Tribunal had jurisdiction; appellant entitled to ownership of the 8x10 paces plot; DLHT mis-evaluated evidence.
Land law – boundary disputes – requirement to visit locus in quo – discretionary but absence of visit does not automatically invalidate findings if evidence fails to establish boundary claim. Jurisdiction – Ward Tribunal territorial competence – GN No. 316 of 2002 relates to DLHT jurisdiction, not deprivation of Ward Tribunal original jurisdiction. Evidence – evaluation of competing possession claims and proof of encroachment; small allocation (8 x 10 paces) held by appellant on available evidence.
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31 January 2019 |
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Extension granted where applicant misapprehended adjournment, lacked language understanding and was negotiating settlement.
Criminal procedure — extension of time to lodge appeal — conviction in absence — misapprehension of adjournment as acquittal, language barrier and failure of counsel to explain — negotiations with victim’s relatives — sufficient cause to extend time.
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31 January 2019 |
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Applicant granted certificate on four legal points arising from matrimonial property, revisional powers, s.160 relief, and unpleaded relief.
Appellate jurisdiction — certification of points of law — distribution of matrimonial assets in presumed marriages; revisional powers over ex-parte primary court judgments; availability of declaration of ownership under s.160(1) Law of Marriage Act; competence to grant unpleaded relief; substituted service by publication requires evidentiary basis.
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31 January 2019 |
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Court allowed extension where delay was caused by court’s failure to provide a copy of the judgment.
Extension of time – Delay caused by court’s failure to furnish copy of judgment – Credibility of lay litigant’s sworn account – Absence of annexed request letter not fatal to extension application.
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30 January 2019 |
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Extension of time granted where court delay in supplying certified judgment copy justified applicant's late appeal.
Civil procedure – extension of time to file appeal – delay explained by court's failure to avail certified copy of judgment – credibility of lay litigant – omission to annex request letter not fatal.
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30 January 2019 |
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A defective burglary charge and inadequate identification of stolen items meant the prosecution failed to prove the case beyond reasonable doubt.
Criminal law – Burglary – Wrong statutory citation (s.294 vs s.296) – defective charge affecting fair trial Criminal procedure – Section 388 CPC inapplicable to cure fundamental charge defects Evidence – Variance between charge-sheet particulars and witness evidence (values) Identification of property – claimant must describe items before tender; failure bars doctrine of recent possession Conviction – Prosecution must prove case beyond reasonable doubt; defects and variances fatal to prosecution case
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29 January 2019 |
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Procedural unfairness and bias in disciplinary proceedings warranted setting aside the CMA award and awarding compensation.
Labour law – unfair dismissal – absenteeism and misconduct; substantive vs procedural fairness. Administrative law – right to be heard – opportunity to object to exhibits. Natural justice – impartiality of disciplinary tribunals where employer chairs proceedings. Procedure – arbitrator considering unpleaded issues – misdirection. Remedy – revision and setting aside of CMA award; compensation and notice pay.
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29 January 2019 |
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Plaintiff diverted a sealed container to an unauthorized location, breaching the carriage contract; both suit and counterclaim dismissed.
Contract law – carriage of goods – diversion of route – fundamental breach where carrier takes sealed container to unauthorized distant location; Evidence – burden of proof on party alleging customs offence – receipt insufficient to prove conveyance of uncustomed goods; Customs detention – liability for detention depends on carrier’s adherence to contracted route and provable causation; Counterclaim – special damages require proof and documentary evidence.
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29 January 2019 |
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Applicant not entitled to special retirement award for lack of ten consecutive years but entitled to unpaid ex-gratia on restructuring (Tshs.9,330,498/=).
Employment law — termination by restructuring — entitlement to special retirement award requires ten consecutive years’ service; ex-gratia on restructuring under Managers’ Rules payable according to years served — unargued claims deemed abandoned.
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29 January 2019 |
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Tribunal proceedings nullified where assessors were substituted mid‑trial; no trial de novo ordered.
Land law – Composition of tribunal – Substitution of assessors mid-trial – Section 23(1) and (3) Land Disputes Courts Act, 2002 – Proceedings nullified; Tribunal chairman’s prejudicial remarks criticized; no trial de novo ordered.
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28 January 2019 |
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Applicants charged with grievous harm granted bail; alleged risks did not meet statutory non‑bailable grounds.
Criminal procedure — Bail — Application under s.148 Criminal Procedure Act — Bailable offence (s.222(a) Penal Code). Non‑bailable grounds — s.148(5) CPA — alleged risk to victim and interference with investigations not sufficient absent statutory basis. Presumption of innocence — denial of bail cannot rest on presumed guilt.
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28 January 2019 |
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Proceedings conducted by a Ward Tribunal with fewer than the statutorily required members are null and require a retrial de novo.
Land Disputes Courts Act s.11 – Ward Tribunal composition – minimum four members and three women – non‑compliance renders proceedings and orders null and void – remedy: trial de novo.
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28 January 2019 |
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Whether absence of reasonable and probable cause and malice were proved to sustain malicious prosecution claim.
Malicious prosecution — elements required (prosecution, favourable termination, absence of reasonable and probable cause, malice, damage); appellate acquittal does not automatically establish malicious prosecution; reasonable and probable cause assessed by honest belief on reasonable grounds; special damages must be specifically pleaded and strictly proved.
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28 January 2019 |
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Acquittal alone does not prove malicious prosecution; absence of probable cause and malice must be strictly proved.
Malicious prosecution — elements required (prosecution, favourable termination, absence of reasonable and probable cause, malice, damage) — acquittal alone insufficient to prove malicious prosecution — special damages must be specifically pleaded and strictly proved.
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28 January 2019 |
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Application for administration pendente lite denied due to material affidavit inconsistencies; court temporarily appointed heirs as administrators.
Probate law – administration pendente lite (section 38) – scope and interim powers of court-appointed administrator Evidentiary sufficiency – affidavit inconsistencies – material defect versus clerical error Interim protective measures – temporary appointment of heirs to administer estate and referral of intra-family disputes to Deputy Registrar Family disputes in probate – costs and court intervention limited to safeguarding estate
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28 January 2019 |
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Possession of drugs (as charged) is bailable; bail granted subject to section 148 CPA conditions and court-imposed terms.
Criminal procedure – Bail pending trial – Possession of narcotic drugs is bailable under the Drugs Control and Enforcement Act, No.5 of 2015; section 29(1) lists unbailable offences and possession is not included; section 29(3) applies section 148 Criminal Procedure Act conditions mutatis mutandis; constitutional presumption of innocence noted in context of repeated arrests.
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28 January 2019 |
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Leave‑to‑appeal application struck out for failing to cite both s.47(1) LDCA and s.5(1) Appellate Jurisdiction Act.
Procedural law – leave to appeal from High Court sitting as Land Court – mandatory citation of enabling provisions – requirement to cite s.47(1) LDCA and s.5(1) Appellate Jurisdiction Act – failure to cite renders application incompetent and subject to being struck out.
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25 January 2019 |
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Customary law, not the Marriage Act, governs division of jointly acquired assets where parties cohabited without a valid marriage.
Family law — Cohabitation without marriage — Applicable law for division of jointly acquired assets: Local Customary Law (G.N. No.279/1963, ss.94–95) rather than Law of Marriage Act; section 95 grants woman a quarter share where she followed and assisted her partner. Second appeal — concurrent factual findings respected absent misapprehension or miscarriage of justice.
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25 January 2019 |
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Spousal consent is required for alienating matrimonial land, but purchaser's credible proof may validate the sale; spouse may redeem.
Land law – Sale of land involving married persons – Section 59(1) Law of Marriage Act – spousal consent required for alienation of matrimonial property. Evidence – Credibility and burden of proof – purchaser's evidence preferred over spouse's uncorroborated claim. Remedy – successful purchaser upheld; spouse may redeem by refunding purchase price, interest and developments.
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25 January 2019 |
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Extension of time granted where counsel's mistaken pursuit of review, in context, amounted to sufficient cause.
Appellate procedure – Extension of time under s.11(1) Appellate Jurisdiction Act; whether counsel's pursuit of review (not admitted) amounts to good cause; negligence or ignorance of law by counsel generally not sufficient but exceptions possible; discretion guided by overall circumstances and precedents.
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25 January 2019 |
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Applicant failed to prove sufficient cause, including medical evidence, for extension of time to seek review.
Extension of time — Law of Limitation Act s.14(1) — requirement to show sufficient cause — illness as potential good cause but must be supported by cogent medical evidence — mere assertions inadequate — need for arguable reviewable issue.
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25 January 2019 |
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Applicant's unproven sickness did not constitute sufficient cause to extend time to file a review application.
Procedure – Extension of time – Application under section 14(1) Law of Limitation Act – requirement to show sufficient cause; Evidence – Alleged illness as cause of delay – necessity for medical or cogent documentary proof; Civil procedure – Review – absence of serious or reviewable issue in impugned judgment; Limitation – delays must be reasonably accounted for.
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25 January 2019 |
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Application to compel estate account dismissed for lack of administrator authority and being premature.
Probate — locus standi of administrators — need for sanction/consent of co-administrators to institute proceedings; premature applications — effect of pending related proceedings on competence; admissibility/competence of supporting affidavits (jurat and identification).
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24 January 2019 |
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Appeal dismissed as time-barred; lender entitled to secured vehicle and trial award of general damages set aside.
Civil procedure – time limitation for filing appeals – appeal filed outside 30-day period is time-barred; extensions of time must be sought and justified. Loan/security – motor vehicle as security – lender entitled to take vehicle on default per loan agreement. Damages – general damages ordinarily need not be proved with particularity but may be set aside if unjustified by the circumstances.
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24 January 2019 |
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Appeal dismissed as time-barred; vehicle security deemed payable to lender and general damages set aside.
Civil procedure — Appeal time limits — appellant must apply for extension of time and account for delay; appeal filed outside 30-day period was time-barred. Contract/secured loans — vehicle given as security vests in lender per loan terms; value irrelevant. Damages — general damages need not be specifically proved but may be set aside where security in possession negates need for award.
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24 January 2019 |
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Void marriage does not bar division of jointly acquired assets; contribution must be proved and maintenance must match proven means.
Family law – void marriage for want of capacity – rights to division of assets acquired during cohabitation; Matrimonial property – section 114 Law of Marriage Act – need for evidence of contribution; Evidence – burden to prove extent of contribution; Company law – ownership by a company vs personal title; Maintenance – scope includes education and must be reasonable having regard to means.
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24 January 2019 |
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Applicant failed to show sufficient cause for extension; letters of administration lapsed and delay was unexplained.
Civil procedure – Extension of time – Whether sufficient cause shown under s.25(1)(b) & (3) Magistrate's Court Act – requirement to account for each day of delay. Probate law – Letters of administration – obligation to file inventory within six months under Probate and Administration of Estates Act – lapse of locus standi where inventory not filed. Proof of grounds – illness and subsequent economic activity not necessarily sufficient to justify extension of time; necessity to specify impugned decision date.
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24 January 2019 |
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Applicant failed to show sufficient cause for extension and lacked locus after letters of administration lapsed; application dismissed with costs.
Civil procedure – extension of time – application under s.25(1)(b) & (3) Magistrate's Court Act – requirement to show sufficient cause; Probate law – letters of administration – six-month requirement to file inventory under Probate and Administration of Estates Act – lapse of administration and loss of locus; Delay – need to account for each day of delay and insufficiency of illness/employment as unexplained grounds; Procedural – ex parte hearing where respondent absent.
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24 January 2019 |
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Applicant's omnibus, partly time‑barred request to stay execution and uplift a garnishee was struck out for incompetence.
Civil Procedure – High Court inherent jurisdiction (s.95 CAP 33) – availability where statute is silent; Stay of execution – Order XXXIX CAP 33 applicable to appeals; uncertainty as to application pending revision; Limitation – Item 21, Part III, Schedule to Limitation Act (CAP 89) – 60 days for applications under CPC where no period provided; Omnibus applications – combining unrelated reliefs (stay of execution and uplift of garnishee) renders chamber summons incompetent.
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24 January 2019 |