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Citation
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Judgment date
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| April 2019 |
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The appellant's rape conviction was quashed where medical evidence lacked DNA linkage and identity was uncorroborated.
Criminal law — sexual offences — rape of a child — evidential weight of PF3 without DNA — requirement for proof linking accused to pregnancy — inadmissible/hearsay reliance and corroboration — delay in reporting affecting credibility — conviction set aside where identity not proved beyond reasonable doubt.
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30 April 2019 |
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Court granted stay and declaratory relief protecting bank’s security interests in shares registered in a third party’s name.
Execution/attachment — third‑party security interests in shares — shares registered in third party's name — investigation and protection of security interests before execution — interim orders and pending commercial proceedings — equity versus execution rights.
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30 April 2019 |
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A stranger who is not a party to a company’s contract lacks locus standi; only the company may sue on that contract.
Company law – Separate legal personality – Registered company as distinct legal person – Locus standi and cause of action – Agency – Suit by individual stranger to company contract – Civil procedure, pleadings and standing.
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30 April 2019 |
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A non‑resident plaintiff may be ordered to provide security for costs, but the quantum must be justified and reasonable.
Order XXV r.1 CPC – security for costs; non‑resident plaintiff lacking immovable property; purpose limited to securing court costs (not commercial losses); necessity and quantum must be justified by admissible evidence; earlier deposits for other purposes do not substitute for security for costs; court discretion and proportionality in fixing amount.
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30 April 2019 |
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Failure to cite correct case numbers rendered the extension application incompetent and led to its striking out.
Extension of time — application incompetent due to inconsistent/incorrect case numbers — omission to cite correct case numbers is fatal irregularity — errors in lower court records not rectifiable in extension application — application struck out; costs each party to bear.
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30 April 2019 |
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Delay due to former counsel’s travel and late supply of judgment justified extension of time to file appeal.
Civil procedure – Extension of time to file appeal – Delay explained by former counsel's travel and late supply of certified judgment – Sufficient cause established – Extension granted for 30 days.
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30 April 2019 |
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The applicant’s request to dispense attaching the impugned judgment failed for lack of proof of repeated requests and unexplained delay.
Criminal procedure – Requirement to attach impugned judgment and proceedings to an intended appeal – Court may dispense with attachment but applicant must prove requests for copies were made and denied. In absentia conviction – Long unexplained delay and inconsistent records undermine claims of repeated requests. Burden of proof – Applicant alleging non-supply of documents must produce evidence of requests or court acknowledgements. Procedural compliance – Absence of notice/memorandum of appeal or extension application weakens relief seeking dispensation or acquittal.
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30 April 2019 |
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Extension of time granted where applicant delayed by illness and counsel’s negligence, and late preliminary objection was refused.
Civil procedure – extension of time to appeal – good cause – delay due to illness, late supply of judgment and counsel’s negligence as sufficient grounds. Procedure – preliminary objection – requirement to plead and raise objections timely; court may refuse belated technical objections. Appeals – dismissal for being out of time versus struck out – wording not fatal where substantive rights not determined. Advocates’ duty – duty of care and competence to clients; failure may justify relief to client.
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30 April 2019 |
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Tribunal's suo motu non‑joinder decision and failure to read assessors' opinions nullified its judgment.
Land law; Non‑joinder of parties — necessity test; Procedural fairness — courts must decide issues on pleadings and afford parties opportunity to be heard; Assessors — written opinions must be read to parties and considered before judgment; Revisional jurisdiction — not a substitute for appeal except in exceptional circumstances; Locus in quo and recordal of proceedings.
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30 April 2019 |
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A tribunal cannot ground judgment on an unadmitted document or bind a non‑signatory absent proof of authority.
Land dispute – proof of agreement – admissibility of documents – annexures not tendered are inadmissible – signature by third party – proof of agency/power of attorney required – non‑signatory cannot be bound.
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30 April 2019 |
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Extension granted because the trial court illegally imposed a two-year conditional discharge exceeding the statutory 12-month limit.
Criminal procedure — extension of time to appeal — requirement to show sufficient cause; Illegality in impugned judgment as good cause for extension; Penal Code s.38(1) — conditional discharge limited to maximum twelve months; sentencing irregularity vitiates part of judgment.
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30 April 2019 |
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A municipal business licence does not authorize money-lending; unlicensed loan interest is unenforceable and security must be returned.
Banking and Financial Institutions Act – licensing – unlicensed money-lending illegal and unenforceable; municipal business licence insufficient to authorise regulated lending. Contract law – illegality – loan agreements and interest charged by unlicensed lenders unenforceable. Civil procedure – appellate review – factual findings on repayment not disturbed.
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29 April 2019 |
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Conviction based on misrecorded plea and a defective charge vitiated the trial; proceedings quashed and retrial ordered.
Criminal procedure – plea-taking – where a plea of not guilty is recorded the prosecutor must open the case under s.229(1) of the Criminal Procedure Act; proceeding to convict without doing so is improper. Criminal law – defective charge – citation of wrong/non-existent Penal Code provision vitiates trial and renders conviction unfair. Revisionary powers – s.373(1)(a) Criminal Procedure Act – quashing of proceedings, setting aside conviction and ordering retrial where justice so requires.
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29 April 2019 |
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Failure to tender the mandatory certificate of seizure rendered convictions for possession of government trophies unsafe.
Criminal law – seizure of exhibits – mandatory requirement to prepare and tender certificate of seizure under section 22(3)(ii) EOCCA – failure to comply renders prosecution case weak if no strong corroborative evidence exists. Evidence – reliance on arresting officers’ testimony – insufficiency of uncorroborated evidence to prove seizure and possession. Wildlife/National Parks offences – identification and valuation certificates – powers of wildlife officers under section 114(3) of the Wildlife Conservation Act.
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29 April 2019 |
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An equivocal guilty plea and defective exhibit admission vitiated the applicant's conviction; unlawful excessive sentence reduced.
Criminal law – plea of guilty – equivocal plea – procedural irregularities in admission of cautioned statement and exhibits may render a plea challengeable. Evidence – admissibility – tendering and admission of cautioned statement (PE1) and exhibits (PE2) require proper procedure and qualified persons. Sentencing – subordinate courts’ powers – section 170 Criminal Procedure Act – sentences exceeding five years require High Court confirmation.
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29 April 2019 |
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Failure to sign witness proceedings under s210 CPA renders the trial a nullity and mandates a retrial.
Criminal procedure — Failure to sign proceedings after taking evidence (s210(1)(a) CPA) — Mandatory requirement; incurable irregularity vitiating trial — Retrial ordered; time in custody to be credited.
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29 April 2019 |
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Conviction quashed where charge conflicted with evidence and prosecution failed to prove entrustment or theft.
Criminal law – Charge construction – stealing by agent (s.273(b)) versus stealing by servant (s.271) – Variance between charge and evidence – Proof of entrustment and identity of stolen property – Insufficiency of prosecution witnesses; conviction unsafe.
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29 April 2019 |
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Extension of time to seek stay denied for inordinate delay; new illegality point in rejoinder not entertained.
Civil procedure – extension of time to apply for stay of execution; requirement to account for each day of delay; rejoinder cannot introduce new grounds of illegality; defective decree curable under procedural rules and section 96 CPC; exercise of judicial discretion in granting extension.
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29 April 2019 |
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The respondent's tort suit was time-barred; the insurer's offer did not constitute an acknowledgment extending limitation.
Limitation of actions – torts – three-year limitation (Item 6, Schedule, Law of Limitation Act) – acknowledgment/part-payment – offer distinguished from acknowledgment – jurisdictional effect of statute of limitations – requirement to plead exemption from limitation (Order VII r.6/authorities) – preliminary objection on time bar.
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29 April 2019 |
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Proceedings and conviction nullified for jurisdictional defects and incomplete record; retrial denied and appellants released.
Criminal procedure — jurisdictional requirement of valid consent and certificate of transfer under Economic and Organized Crime Control Act; defective charge — necessity to reference parent Act creating the offence (Wildlife Conservation Act); incomplete trial record — missing prosecution proceedings; retrial — discretion and interest of justice; release where retrial not warranted.
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29 April 2019 |
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An application to restore a dismissed appeal must invoke Order XXXIX r19; wrong citation renders it incompetent.
Civil procedure – application to set aside dismissal of appeal – wrong citation of enabling provision – Order IX r9(1) (suits) vs Order XXXIX r19 (appeals) – wrong citation renders application incompetent – failure to file agreed written submissions and ex parte determination.
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25 April 2019 |
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Court granted extension of time to appeal under s.14(1) despite applicants' mistaken computation of the limitation period.
Law of Limitation Act, s.14(1) – extension of time to file appeal; mistaken computation of limitation period; public holiday as excuse; court’s discretion to extend time where litigant misled or misconceived the law.
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25 April 2019 |
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The appellant's arson conviction was quashed where the prosecution relied on assumptions and failed to prove guilt beyond reasonable doubt.
Criminal law – Arson – burden of proof beyond reasonable doubt; absence of eyewitness evidence; conviction based on assumptions; insufficiency of evidence; quashing of conviction.
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24 April 2019 |
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Wrong statutory citation rendered the applicant's stay‑of‑execution application incompetent and dismissed with costs.
Civil Procedure – Execution and stay of execution – Wrong citation of enabling provision (Order XXI rule 66 cited instead of Order XXI rule 68(1) CPC) – Competency – Amendment of pleadings not permissible at hearing stage – Parties bound by pleadings – Wrong citation fatal – Dismissal with costs.
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24 April 2019 |
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Revision under s.44(1)(b) does not extend to Primary Court decisions; application struck out as incompetent.
Civil procedure — Revision jurisdiction — section 44(1)(b) Cap.11 R.E.2002 — Revision limited to District/Resident Magistrate’s Court decisions — Jurisdictional defect — Slip going to root not amendable — Application struck out with costs.
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24 April 2019 |
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No interest waiver proved; plaintiff did not clear loan; bank must release title after writing off debt.
Commercial law – overdraft facility – security over land; waiver versus reduction of accrued interest; deed of undertaking acknowledging principal and interest; capitalization of interest and write-off; entitlement to release of title after debt write-off.
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24 April 2019 |
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Taxing Master’s reduction of instruction fees upheld where claimed fees lacked EFD receipts and discretion was judicially exercised.
Advocates’ Remuneration – instruction fees – statutory scales (item 8, 9th Schedule) and applicability; Taxation of costs – requirement to prove claimed payments by admissible evidence, including EFD receipts (Tax Administration Act s.36(1)); Extent of court’s review of Taxing Master – interference only for misapplication of discretion or wrong principles; Bill of costs – distinction between claims for liquidated sums and unquantified damages when assessing instruction fees.
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24 April 2019 |
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Extension of time to appeal granted where prisoner timely signalled appeal and notice handed to prison officers is deemed received by the court.
Criminal procedure – Extension of time to appeal – Application granted where prisoner timely expressed intention and notice handed to prison officers is deemed received by court. Prisoners' appeals – Notice of appeal presented to prison officers deemed received/endorsed by Deputy Registrar. Procedural concession – Effect of prosecution's express concession in extension applications.
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24 April 2019 |
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A petition for stay pending arbitration must annex the original or a certified copy of the submission; non‑compliance is fatal.
Arbitration — stay of court proceedings pending arbitration — Rule 8, Arbitration Rules GN No. 427/1957 — requirement to annex original or certified copy of submission — mandatory compliance; petitions without certified submission are incompetent and liable to be struck out.
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23 April 2019 |
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Leave granted to join a necessary third party alleged to have operated the disputed account and withdrawn funds.
Civil procedure – Third party notice – Order 1 Rule 14(1) and Section 95 CPC – Joinder of necessary party – Alleged operation of account and withdrawals – Indemnity claim.
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23 April 2019 |
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Conviction vitiated for ignoring defence evidence and sentence quashed as unlawfully excessive.
Criminal law – evaluation of evidence – trial court must consider prosecution and defence evidence holistically; failure to do so vitiates conviction. Sentencing – magistrates below Senior Resident Magistrate limited in custodial terms; imposing greater sentence is manifestly excessive and void. Evidence – family members are not per se disqualified from testifying under the Evidence Act.
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20 April 2019 |
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Breach of MTLA for unpaid licence and volume-commitment fees upheld; SWIFT transfers insufficient to discharge liability.
Contract law – breach of contract – failure to pay licence and volume-commitment fees under MTLA; Sale and Purchase Agreement does not discharge MTLA obligations where SPA preserves MTLA governance; evidentiary value of SWIFT transfers – not conclusive proof of receipt; invoicing and currency requirements enforceable; contractual and post-judgment interest; costs.
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19 April 2019 |
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Whether time spent prosecuting other proceedings can be excluded under section 21(2) to cure a time-barred revision application.
Limitation law – Item 21 Part III Schedule to the Law of Limitation Act; section 21(2) exclusion – requirements of same relief, due diligence and good faith; prosecuting wrong forum (appeal vs revision) defeats exclusion; time-bar — dismissal of application.
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18 April 2019 |
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Court convicted seven Somali nationals of piracy in Tanzanian EEZ; admissibility of ballistic, electronic and interpreter evidence upheld.
Maritime piracy – elements: illegal use of violence/detention for private ends, by crew/passengers of a private ship, directed against another ship/persons/property, in high seas/EEZ (UNCLOS/Section 66 Penal Code). Evidence – admissibility of ballistic/expert evidence and exhibits despite lack of formal seizure note when chain of custody shown; no rigid rule on who must tender exhibits. Electronic evidence – offshore manager's report and related electronic material admissible under amendments and Electronic Transactions Act principles; recording officer can tender. Interpreter's statement – receivable under Section 348 Evidence Act where interpreter is deceased; death may be proved by other evidence. Identification and circumstantial evidence – visual ID and common design/coaching findings sufficient to prove guilt beyond reasonable doubt.
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18 April 2019 |
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Trial under the EOCA without specific DPP consent and a proper jurisdictional certificate is nullity; convictions quashed, retrial permitted.
Economic offences – requirement of DPP’s consent under s.26(1) EOCA – consent must specify provision(s) – omission renders consent void. Economic offences – certificate conferring jurisdiction under s.12(3) EOCA – must identify specific offence provisions – failure to do so invalidates jurisdiction. Trial conducted without valid consent or jurisdiction is nullity ab initio – convictions and sentences quashed. Retrial permitted de novo by DPP in competent court subject to time limit; appellants remanded pending fresh proceedings.
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17 April 2019 |
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Conviction based on irregularly admitted photocopied exhibits quashed; retrial refused due to double jeopardy.
Criminal law – Evidence – Irregular admission of documentary exhibits (photocopied receipts) – authentication and confrontation requirements; Criminal procedure – Right to fair trial – necessity to put prosecution documents to accused and properly mark and admit exhibits; Double jeopardy – retrial refused where accused has already been tried and served sentence; Sufficiency of evidence – conviction cannot stand when key exhibits are expunged and no remaining admissible proof of actus reus or mens rea.
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17 April 2019 |
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17 April 2019 |
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Appeal allowed: convictions quashed for failure to prove victim's age, pupil status, and appellant's responsibility for pregnancy.
Criminal law – Statutory rape (s130(2)(e)) – prosecution must prove victim's age beyond reasonable doubt; Criminal law – Offence of impregnating a schoolgirl (s60A) – ingredients: pregnancy, accused's responsibility, and victim's status as a primary/secondary pupil; insufficiency of proof on paternity and school attendance vitiates conviction.
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16 April 2019 |
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Appeal dismissed: guilty plea was unequivocal and consent immaterial for sexual intercourse with an 11-year-old.
Criminal law – Plea of guilty – Requirement that plea be unequivocal; statutory rape/carnal knowledge – consent immaterial where victim is a child; admissibility and evidential weight of PF3 medical report; limits on appeals after guilty plea (s.360(1) Criminal Procedure Act).
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15 April 2019 |
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Improperly endorsed exhibits are not part of the record and justify quashing proceedings and ordering retrial.
Civil procedure — Endorsement of documents — Order XIII r.4 CPC — Exhibits not endorsed are not part of the record; defective admission of evidence — Effect on malicious prosecution claim — Revision powers — s.79 CPC & s.44(1)(b) Magistrates Act — Quashing proceedings and ordering retrial; reliance on Court of Appeal precedent.
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15 April 2019 |
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Borrower who fully repaid loan was entitled to release of title deed; bank’s refusal unjustified, award of general damages.
Commercial law – mortgage discharge – borrower fully repaid loan and paid discharge fees; bank unjustifiably retained title deed. Evidence – assignment of land; Memorandum and Articles insufficient to prove transfer; land registry/title deed required. Damages – strict proof required for special damages; general damages for stress and inconvenience awarded.
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12 April 2019 |
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High Court dismissed appeal as appellate court properly ordered rehearing of an unadjudicated objection; appeal premature.
Probate & Administration – appointment of administrator – disputes over handing over estate assets. Civil procedure – failure to hear/determine objection at trial – appellate power to order rehearing by competent magistrate. Appeals – requirement of a final decision before further appeal – appeal found premature (Magistrates' Courts Act s.43(2)).
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12 April 2019 |
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Failure to state a proper conviction is incurable and renders the judgment and sentence a nullity, requiring remission for re-judgment.
Criminal procedure Conviction entry requirement; omission to state offence and statutory provision; incurable defect rendering judgment and sentence nullity; curability of defective charge particulars and omission of preliminary hearing where no prejudice; remedy remit for proper judgment per s.312(2) and s.235(1) CPA.
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12 April 2019 |
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Admission of secondary invoices without s68 TEA notice was fatal; the respondent failed to prove delivery or contract.
Evidence — Secondary evidence — Admission of certified copies without notice — Mandatory requirement of s.68 Tanzania Evidence Act — Fatal irregularity. Evidence — Burden of proof — Plaintiff must prove contract and delivery under s.110 TEA — need for primary documents and material witnesses. Civil procedure — Improper shifting of burden of proof to defendants. Public Procurement — 2013 Regulations not retrospective to 2008/2009 transactions.
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12 April 2019 |
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Extension of time to appeal refused where asserted illness-related travel was unproven and delay was unexplained.
Civil procedure – extension of time to appeal – sufficiency of cause – illness of relative may justify extension but must be proved by evidence (medical chit, travel documents) – applicant must account for each day of delay – bare assertions insufficient.
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12 April 2019 |
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Applicant’s unproven custody and delay defeat extension to set aside summary judgment.
Civil procedure – Extension of time – discretionary relief – sufficient cause required. Service of process – substituted service by publication under Order V Rule 20 CPC – validity where personal service fails. Prisoner-defendant – requirement to prove custody/release when relying on imprisonment to excuse non-receipt of process. Illegality and technical delay – not a panacea; promptness and proof required.
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12 April 2019 |
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Certificate valuing a government trophy signed by an incompetent officer invalidated conviction and sentence for that count.
Criminal law – unlawful possession of government trophy – admissibility of certificate of identification and evaluation – validity requires certification by officer of prescribed rank under section 114(3) Wildlife Conservation Act; non-production of trophy undermines prosecution. Evidence – no requirement for independent witnesses or particular number; credibility is assessed on proof beyond reasonable doubt. Economic and Organized Crime Control Act – DPP’s consent/certificate required for subordinate court jurisdiction; presence of certificate confers jurisdiction. Criminal procedure – failure to enter conviction is a fatal irregularity rendering judgment invalid.
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12 April 2019 |
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12 April 2019 |
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Extension granted and ex-parte judgment set aside due to delay excused by pendency and a material name irregularity.
Extension of time — Law of Limitation Act s.14(1); setting aside ex-parte judgment for lack of proper service; pendency excludes time; inconsistency in party’s name on record constitutes illegality warranting setting aside; court’s duty to rectify illegality (Devram Valambhia principle).
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12 April 2019 |
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Application to be joined dismissed as time-barred under the Limitation Act’s 60-day period.
Civil procedure – Joinder under Order 1 Rule 10(2) CPC – Limitation Act (Part III item 21) applies – sixty (60) day limit – time-barred application – suo motu joinder distinguishable.
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12 April 2019 |