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Citation
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Judgment date
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| February 2019 |
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Absence of the drawer's name on a petition renders an appeal incompetent and is incurable under the Advocates Act.
* Advocates Act s.44 – mandatory endorsement of name and address of person who draws document – instrument not to be accepted without it
* Procedural competence – omission of drawer's name is incurable jurisdictional defect
* Preliminary objection – competence of appeal – striking out for non-compliance with Advocates Act
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28 February 2019 |
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Trial court erred by overruling a preliminary objection without assisting an unrepresented lay litigant; judgment quashed and remitted.
Procedure — Preliminary objection — Duty to assist unrepresented (lay) litigants — Right to be informed of consequences of submissions — Overruling objection without proper hearing vitiates judgment — Quash and remit for retrial.
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28 February 2019 |
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Extension of time to appeal dismissed for failure to account for delay and lack of diligence.
Extension of time – Law of Limitation Act s.14(1) – Applicant must show good and sufficient cause and account for each day of delay – Lack of funds/legal aid not automatically good cause – Diligence required – Probate proceedings.
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28 February 2019 |
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Certificate of occupancy and registered title confirm the plaintiff's ownership; acquisition without statutory notice is invalid and compensation is required.
* Land law – Certificate of right of occupancy and registration – registered title as proof of ownership under Land Registration Act (Cap. 334).
* Eminent domain / acquisition – Effect of Government Notice designating land for public use; necessity to comply with Land Acquisition Act procedures (including notice of intention to acquire).
* Procedural compliance – Failure to serve statutory notice renders purported acquisition ineffective; entitlement to fair and adequate compensation.
* Civil burden of proof – weight given to documentary title and registry search over sketch/map evidence.
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28 February 2019 |
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The accused was acquitted because prosecution failed to prove murder beyond reasonable doubt due to absent eyewitness and weak identification.
Criminal law – murder – burden of proof beyond reasonable doubt; identification evidence – voice/darkness – caution in reliance; absent witness statement under s.34B(2) – requires corroboration; chain of custody and scene investigation – necessity for clear explanation; exclusion of caution statement under s.57(2)(a) CPA weakens prosecution case.
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28 February 2019 |
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Appellate court affirms awards: special and general damages upheld for permanent injury; appeal dismissed with costs.
* Motor vehicle accident – proof of special damages – necessity of specific pleading and proof; medical evidence may corroborate claims. * General damages – discretionary, compensatory award for permanent incapacity. * Civil procedure – third party notice expunged at trial cannot be raised afresh on appeal without appealing that order.
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27 February 2019 |
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Borrower liable for unpaid loan; guarantors not liable absent demand; statutory notice required before mortgaged land sale.
Commercial law – facility agreement – borrower’s default and certificate of balance; Guarantee – unconditional personal guarantees – requirement of demand on guarantors before enforcement; Property law – mortgage enforcement – statutory notice under s.127(1) Land Act required before sale; Security enforcement – debenture clause permitting self-help enforcement without court order.
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27 February 2019 |
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An appellate tribunal cannot dismiss an appeal as time‑barred sua sponte without first hearing the parties.
* Land appeals – time limitation – section 20 Land Disputes Courts Act (45 days) – appellate tribunal dismissing appeal as out of time suo motu. * Procedure – right to be heard (audi alteram partem) – court must afford parties opportunity to address points it raises. * Remedies – quashing and setting aside judgment for procedural irregularity and directing fresh determination after hearing parties.
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27 February 2019 |
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Appeal allowed: conviction for cattle theft quashed because recent possession and other evidence were insufficient.
Criminal law – Theft of cattle – Doctrine of recent possession – Proof required that purchaser bought property from accused – Relevance and sufficiency of transit permit and cautioned statements – Possession of cash insufficient without proof it is proceeds – Conviction unsafe and quashed.
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27 February 2019 |
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The appellant’s rape conviction was quashed due to unreliable child testimony and procedural defects.
Criminal procedure – Section 235 CPA – omission to enter conviction; First appeal – reassessment of evidence; Child testimony – credibility of five‑year‑old; Failure to call available witnesses; Medical evidence and proof of penetration in rape cases.
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27 February 2019 |
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Appellant’s defamation claim failed where admitted facts and fair-comment/justification defeated alleged defamatory imputations.
Defamation — whether words complained of were defamatory; burden of proof and justification/fair comment; qualified and absolute privilege; effect of clerical/typographical errors and uncorroborated evidence on appellate review.
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27 February 2019 |
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Applicant withdrew extension application after legislative amendment removed leave requirement; court ordered applicant to pay respondents’ costs.
Written Laws (Misc. Amendment) Act 2018 – removal of general leave-to-appeal requirement; Civil procedure – withdrawal of application – entitlement to costs; Costs – discretionary but follows event absent reasonable grounds to deprive successful party.
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27 February 2019 |
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Maintenance of status quo pending appeal denied where applicant had disposed of the property and lacked interest.
Interlocutory relief – maintenance of status quo pending appeal – applicant’s locus/interest to seek injunction where property allegedly sold – competency objections overruled by overriding objective but application fails for lack of interest.
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26 February 2019 |
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Leave granted to file notice and petition of appeal out of time after notice went missing following prison transfer.
Criminal procedure — Extension of time to lodge Notice and Petition of Appeal under s.361(2) — Missing notice after prison transfer — Unopposed application granted.
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26 February 2019 |
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Alleged illegality and non-joinder justified extension of time to seek revision of a probate-related ruling.
Extension of time – Allegation of illegality in lower court decision – Failure to join estate administrator – Ex parte proceedings and jurisdictional uncertainty – Illegality as sufficient reason under section 14(1) Limitation Act.
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26 February 2019 |
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Appeal dismissed as hopelessly time‑barred because memorandum of appeal was filed beyond statutory period without extension.
Criminal procedure — time limits for appeals — notice of appeal and memorandum of appeal — consequences of filing memorandum beyond 45 days without extension; incompetence of time‑barred appeal; delay attributable to custodial officers not a sufficient excuse without application for extension.
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26 February 2019 |
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Appellant failed to prove radiation-caused injuries; medical evidence required; appeal dismissed with costs.
* Tort — Personal injury — Alleged radiation injuries from communication tower — Burden of proof and requirement for medical/expert evidence.
* Evidence — Party testimony — No mandatory rule requiring a litigant personally to testify; sufficiency of evidence governs.
* Procedure/Evidence — Scholarly articles attached to submissions may be cited as reference but are not substitute for evidence.
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26 February 2019 |
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Withdrawal with leave to re-file allowed; plaintiff's illness justified withdrawal but ordered to pay half of defendants' costs.
Civil procedure – Withdrawal of suit with leave to re-file (Order XXIII R.1) – Withdrawal is an absolute right before judgment but court may order costs; costs awarded to compensate defendants; motive for withdrawal (e.g., illness) affects quantum but does not automatically exempt plaintiff from costs.
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26 February 2019 |
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Negligence not proved; equity cannot substitute for lack of evidence to support damages awards.
Tort — negligence; workplace safety — requirement for expert/OSHA evidence; specific damages — must be pleaded and proved; equity — cannot substitute for lack of proof; workers' compensation — does not bar separate tort claims; procedural — timeliness of submissions determined by exchequer receipt.
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26 February 2019 |
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Specific and health damage awards set aside for lack of proof; general and punitive damages upheld due to proven nuisance and regulatory breaches.
Tort — Damages: necessity of evidence (expert or costed estimate) to prove specific structural repair costs; Causation: medical evidence must link illness to defendant's act; Punitive damages: available where defendant's conduct is aggravated (malice, wantonness) or where statutory/administrative breaches (no permit, no EIA, non‑compliance with NEMC order) justify deterrence; Civil procedure — appellate correction of speculative awards; Evidence — courts must avoid speculation when claimant fails to adduce proof.
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26 February 2019 |
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A ward tribunal judgment is invalid where the chairperson’s vote is not recorded and a non-member (secretary) is shown as participating.
Ward Tribunal Act s.4(4) – majority decision and chairperson’s casting vote; improper participation by secretary (non-member); procedural irregularity nullifying judgment; remittal for rehearing; DLHT decision quashed.
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25 February 2019 |
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Acquittal upheld: prosecution failed to prove ownership and malice; procedural transfer defect noted but merits warranted dismissal.
* Criminal procedure – section 214 CPA – transfer of partly heard trials – requirement to record reasons for successor magistrate to have jurisdiction.
* Criminal procedure – section 230 CPA – no case to answer – when prosecution fails to establish prima facie case.
* Criminal liability for destruction of property – necessity to prove ownership and malice; acts done under official road-construction directives may be civil/administrative, not criminal.
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25 February 2019 |
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Appellate decision quashed for failure to inspect and measure disputed land; matter remitted for locus in quo visit and re-evaluation.
* Land law – boundary dispute – necessity of locus in quo visit and accurate measurement when boundaries and encroachment are contested. * Evidence – documentary evidence – importance of original sale agreements and probative value of copies. * Procedure – appellate reliance on ward tribunal findings where factual foundation (visitation, measurement, witnesses) is lacking renders decision unsafe.
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25 February 2019 |
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Revision granted where defective chamber summons, late counter-affidavit and non-joinder of purchaser rendered trial order void.
Civil procedure — Revision under s.44(1)(b) Magistrates’ Courts Act — Competence of chamber summons where supporting affidavit is by a different person than named — Late counter-affidavit filed without leave — Non-joinder of third-party purchaser and breach of natural justice — Relief overtaken by events; appropriate remedy and setting aside of proceedings.
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25 February 2019 |
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Court vacated execution order for failure to consider applicants' affidavit alleging satisfaction of the decree.
Review (Order XLII r.1 CPC) — Limited to apparent errors on the face of the record — Execution by arrest/detention — Omission to consider a decisive defence (satisfaction of decree) — Competence of review application (attachment of drawn order) — Review not an appeal in disguise.
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25 February 2019 |
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An appeal against a ruling in execution proceedings is not appealable under section 74/Order XL and is struck out with costs.
Civil Procedure – Appealability of orders – Execution proceedings – Whether rulings refusing grant of execution orders are appealable under s.74 and Order XL/Order XXI of the Civil Procedure Code – Where no appeal exists parties must pursue alternative remedies (revision, s.38) – Jurisdictional preliminary objection may be heard despite failure to file written submissions – Incompetent appeals struck out with costs.
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22 February 2019 |
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Court granted extension where delay and defective provision of ruling by the court amounted to sufficient cause.
Extension of time – Advocate Remuneration Order (Order 8(1)) and s95 CPC – court's failure to fix/communicate ruling date and delay in supplying correct ruling – sufficient cause/good cause to enlarge time.
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22 February 2019 |
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Where the plaintiff concedes lack of High Court jurisdiction and no transfer application exists, the suit is struck out with costs.
Civil procedure – jurisdiction – suit filed in wrong court – monetary limits of subordinate courts; Civil procedure – transfer of proceedings – section 21(1) Civil Procedure Code requires party application or Court's suo motu action; Preliminary objection – raising jurisdictional defect by objection where no transfer application exists results in striking out; Time-bar considerations do not substitute for formal transfer application.
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22 February 2019 |
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High Court partly allows matrimonial appeal, allocating assets 60/40 and dismissing debt and jurisdiction objections.
* Matrimonial property – division and equitable distribution – court may allocate disputed assets absent documentary proof but will scrutinise evidence. * Proof – documentary and corroborative evidence required to establish ownership of immovable property. * Debts – claim for contribution to construction costs requires particulars and evidence of liability. * Jurisdiction – objection waived if not timely raised by the party who instituted proceedings.
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22 February 2019 |
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Conviction for grievous harm upheld despite procedural defects; caution statement expunged and sentence reduced to five years.
Criminal law – grievous harm – identification evidence and medical report (PF3) can sustain conviction despite non‑tendering of weapon; PF3 admissible if properly explained; caution statement recorded in breach of section 50(1) CPA is invalid and expunged; preliminary hearing must comply with section 192(3) CPA though non‑compliance may not always be prejudicial; sentencing – leniency for first offenders.
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21 February 2019 |
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A court will not revisit a conclusive consent order; non‑compliance triggers the stipulated transfer and procedural remedies must be used to challenge execution.
Land law – consent settlement – enforcement of Makubaliano; Effect of non‑compliance with consent order – Registrar of Titles' duty to effect transfer; Jurisdiction and finality – court cannot vary prior conclusive order absent proper application; Procedure – remedy where no executable decree or extracted order is alleged.
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21 February 2019 |
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Application for extension of time struck out due to defective affidavit jurat despite valid reliance on Limitation Act.
* Civil procedure – extension of time – Law of Limitation Act s.14(1) – court properly moved despite superfluous citation of CPC s.95.
* Evidence – affidavit jurat – Notaries Public and Commissioner for Oaths Act (Cap 12) s.8 – jurat must indicate when, where and before what authority affidavit was sworn.
* Procedural law – defective attestation renders affidavit invalid and may justify striking out application.
* Preliminary objection – procedural challenge to competence and admissibility of affidavit.
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21 February 2019 |
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Child's credible testimony and medical corroboration sustain conviction; life sentence reduced because victim was ten years old.
Criminal law – Sexual offences against a child – Child witness evidence after amendment to section 127 Evidence Act (voir dire removed) – Capacity and promise to tell truth; Identification – reliability of victim identification and arrest circumstances; Corroboration – medical evidence supporting sexual offence; Sentencing – application of section 154(2) Penal Code and age threshold for life sentence.
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21 February 2019 |
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Failure by the applicant to annex the certified submission/award under Rule 8 is fatal and warrants striking out the petition.
* Arbitration — Arbitration Rules GN No. 427/1957, Rule 8 — mandatory requirement to annex submission and award or certified copy to petition — non‑compliance fatal. * Arbitration — Distinct procedures: filing award under s.12(2) (enforcement) cannot substitute for annexures required in a petition to set aside award. * Civil procedure — late additional documents filed without leave are inadmissible and cannot cure procedural defects.
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21 February 2019 |
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Appellate court quashed conviction due to unsafe visual identification and ignored defence regarding exhibit recovery.
Criminal law – Visual identification – Weakest kind of evidence; source/adequacy of light must be proved and possibilities of mistaken identity ruled out; corroboration required. Criminal procedure – Defence explanation and chain of custody of exhibits must be considered before relying on recovered items. Identification parade and subsequent photographic possession require clear, consistent timeline and proof.
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20 February 2019 |
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Failure to issue statutory notice of default rendered the receiver’s appointment and sale unlawful, though purchaser remained protected as bona fide.
* Land law – Mortgage enforcement – mandatory statutory notice of default (s127 Land Act) prior to appointment of receiver – non-compliance invalidates appointment.
* Receivership – appointment – written appointment and company registry notice do not cure failure to comply with statutory prerequisites.
* Sale of mortgaged land – sale by improperly appointed receiver is irregular but purchaser may still be protected under s135(3) absent fraud.
* Remedies – injured mortgagor entitled to damages for improper/irregular exercise of power of sale (s135(4)).
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20 February 2019 |
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Plaintiff proved deliveries and director’s acknowledgment; awarded TZS 256,357,201.99 plus 7% interest; damages denied.
Contract/sale of goods – proof of delivery by delivery notes and invoices; acknowledgment of debt by signed balance confirmation; failure of defendant to adduce evidence; damages must be proved, not merely pleaded; interest awarded at court rate (7%); costs to defendant.
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20 February 2019 |
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Child's credible testimony and medical evidence proved rape; conviction and life sentence upheld; mother and witchdoctor to be investigated.
* Evidence – Child witness – voir dire under s.127(2) Evidence Act – competency and promise to tell truth. * Criminal law – Rape of a child under ten – victim’s evidence as best evidence – corroboration by medical and close witnesses. * Burden of proof – prosecution must prove guilt beyond reasonable doubt. * Investigation – duty to investigate and arraign possible accomplices (mother, alleged witchdoctor).
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20 February 2019 |
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Where trial records are irretrievable and the applicant has served a substantive part of sentence, the court ordered release.
* Criminal procedure – Lost or untraceable trial records – Appropriate remedies (discharge, retrial, release) and caution in their application; consideration of substantial portion of sentence already served.
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20 February 2019 |
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Appellate court nullified lower tribunal proceedings after finding the respondent's unlicensed lending and security-taking void ab initio.
* Civil procedure – Appeal – absence of lower tribunal record – reconstruction of records and exercise of revision powers.
* Company law / banking law – whether a private company may lawfully carry on lending and take security outside its stated objects or as agent of a licensed financial institution.
* Illegal transactions – contravention of Financial Institutions Act s.7 and Business Licensing Act s.3(1)(a) – void ab initio.
* Relief – nullification and quashing of lower tribunal proceedings where illegality is apparent on the face of the record.
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20 February 2019 |
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Where trial records are unavailable and sentence not substantially served, court ordered trial de novo and discharged the appellant.
Criminal appeal – missing trial records – inability to review conviction without records – remedy of trial de novo – discharge pending retrial – sentencing to account for time already served – DPP given six months to re-prosecute.
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20 February 2019 |
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Application to admit fresh evidence on appeal dismissed for failure to show diligence, materiality and credibility.
* Civil procedure – Fresh evidence on appeal – Requirements: evidence could not have been obtained with reasonable diligence; would probably affect result; apparently credible. * Matrimonial property – Allocation and compensation – relevance of bank loans and sale agreement. * Failure to produce documentary evidence at trial – ignorance of law not a good cause. * Order XXXIX/Order XIII Civil Procedure Code – production of documents on appeal.
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20 February 2019 |
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Trial court misdirected on jurisdiction and merits; proceedings set aside and retrial ordered before a different magistrate.
Civil procedure – jurisdiction – tort of trespass onto property versus criminal allegations – seizure and sale of property by local officials – trial court misdirection – retrial de novo ordered.
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20 February 2019 |
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Where trial records are irretrievable and parties fail to reconstruct them, court may discharge appellant considering time served.
* Criminal procedure – Missing trial court records – reconstruction of records – parties' duty to assist. * Remedy – ordinarily retrial but discharge may be appropriate where records irretrievable and appellant has served substantive sentence. * Consideration of time served – balancing justice (Rex v Abdi Moged; Robert Madololyo).
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20 February 2019 |
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Rape conviction quashed for lack of proven age and insufficient medical corroboration, with defence inadequately considered.
Criminal law – Rape – Proof beyond reasonable doubt – Age of victim (statutory rape) – Corroboration by medical evidence (PF3) – Appreciation of defence – Appeal against conviction.
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20 February 2019 |
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Appellant failed to prove ownership; respondent's purchase evidence preferred and appeal dismissed with costs.
* Land law – ownership dispute – burden of proof – party alleging ownership must prove it; * Evidence – weight and cogency of documentary and witness evidence (Exhibit D1; seller's wife testimony); * Sale/purchase as basis for title – purchaser's evidence preferred over uncorroborated claim of gift; * Procedure – locus in quo inspection not mandatory; attorney appearance not necessarily fatal.
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20 February 2019 |
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Conviction quashed for lack of mandatory certificate of seizure; exhibits lacked statutory foundation and chain of custody.
* Criminal procedure – Evidence – Mandatory certificate/notice of seizure for property connected to crime – Section 22(3)(ii) Economic and Organized Crime Control Act – Foundation and chain of custody for exhibits.
* Administrative/public officers – Park rangers regarded as "police officers" under s.21(2) for purposes of seizure duties.
* Fair trial – Failure to comply with mandatory seizure formalities vitiates conviction; remedy may include retrial under s.388(1) CPA.
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20 February 2019 |
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Appellant failed to prove specific damages; annexed copies inadmissible and amendments to pleaded claim require leave.
* Land law – Tenancy and possession – entitlement to relief where tenant ceased paying rent and claimant was not party to tenancy agreement.
* Evidence – Annexures/copies – copies of documents and unsworn lists not admissible without tendering originals or calling the author.
* Civil damages – Specific (special) damages must be specifically pleaded, strictly proved and cannot be increased at trial without amendment.
* Procedure – Assessors’ opinions – tribunal chairperson must assign reasons when departing from assessors (s.24 Land Disputes Courts Act).
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19 February 2019 |
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Appeal allowed for procedural irregularities: improper exclusion of documentary evidence and failure to visit locus in quo.
Evidence Act (Cap 6) - admissibility of certified copies and public documents; section 65, section 67(1)(e), section 68, section 83(a) - annexures limited evidential weight; Civil procedure - necessity of locus in quo visit where location/area of land is disputed (Nizal v. Gulamali); Procedural fairness - failure of a respondent to testify material to safety of judgment; Land Disputes Courts' Act s.43 - appellate power to nullify and order retrial before different chairperson and assessors.
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19 February 2019 |
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19 February 2019 |