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Citation
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Judgment date
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| July 2019 |
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Child’s unsworn testimony was improperly admitted and expunged, but independent eyewitness identification upheld the conviction.
Voir dire — child witnesses — requirement to test and record intelligence and understanding of truth before admitting unsworn evidence; Right to cross‑examine — denial of opportunity invalidates child evidence; Visual identification — caution required but reliable where witness knew accused and identification made in daylight; Corroboration — non‑eye‑witness family evidence may corroborate an eyewitness; Inconsistencies on arrest — minor discrepancies do not necessarily dismantle prosecution case; Standard of proof — conviction upheld where guilt proven beyond reasonable doubt.
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31 July 2019 |
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Failure to read an amended charge and to sign witness records are incurable procedural irregularities warranting quash and retrial.
Criminal procedure – Amendment of charge – Mandatory requirement to read altered charge and call upon accused to plead (s.234(2)(a) CPA); Criminal procedure – Recording of evidence – Mandatory signature of magistrate after each witness’s evidence (s.210(1)(a) CPA); Incurable procedural irregularity – omission vitiates trial proceedings and warrants quashing and retrial; Revision jurisdiction – Court may quash proceedings when record is defective.
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31 July 2019 |
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Conviction for rape of a child under ten upheld; defective voire dire required corroboration which was present, sentence substituted to life.
Criminal law – transfer of trial between magistrates – statutory requirements and prejudice; Evidence – voire dire for child witness must be recorded; unsworn child evidence requires corroboration; medical evidence of vaginal injury and penetration sufficient to prove rape despite absence of hymen or sperm; charge sheet defects non-fatal if particulars inform accused; mandatory life sentence for rape of child under ten (s.131(3) Penal Code).
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31 July 2019 |
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Conviction quashed where child’s required promise and PF3 procedural safeguards were not complied with.
Criminal law – child witness evidence – 2016 amendment dispensed with voire dire but requires child to promise to tell the truth; failure to obtain promise vitiates child’s testimony. Evidence – medical report (PF3) – accused must be informed of right to summon and cross‑examine maker and contents must be read; non‑compliance renders report inadmissible. Sufficiency of evidence – conviction cannot stand where crucial evidence is expunged and remaining evidence is inadequate to meet criminal standard.
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31 July 2019 |
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Failure to sufficiently describe the disputed land and to have each plaintiff prove ownership resulted in dismissal for lack of proof.
Civil procedure – Order VII Rule 3 CPC – Requirement that a plaint describing immovable property must sufficiently identify the land (boundaries, title number or permanent features). Land law – unsurveyed land requires description by boundaries/permanent features. Evidence – multiple plaintiffs not common owners: each must testify to prove individual ownership; testimony of few cannot prove ownership of many (hearsay). Failure to describe property and prove ownership defeats claim for compensation.
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31 July 2019 |
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Plaintiffs’ failure to describe land and individually prove ownership resulted in dismissal for defective pleading.
Civil procedure – Order VII Rule 3 CPC – sufficiency of description of immovable property in plaint; Land law – un-surveyed land – necessity to describe boundaries or permanent features; Evidence – multiple plaintiffs not common owners must testify personally to prove title; Hearsay – testimony about other plaintiffs’ ownership/compensation inadmissible; Failure to disclose cause of action – fatal to claim for compensation.
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31 July 2019 |
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An occupier/employer is vicariously liable for a security employee's omission causing a passerby's fatal injury.
Vicarious liability – employer/occupier liable for employee's wrongful act causing death; occupier's duty to persons on or near premises. Duty of care and foreseeability – duty to take reasonable precautions to prevent falling objects from premises. Proof of supervisory/professional negligence – claimant must establish breach causally linked to injury. Assessment of damages – general damages should not be pleaded as fixed sums.
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30 July 2019 |
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30 July 2019 |
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Ex parte judgment awarding unpaid rent, repayment of debt, general damages, interest and costs after plaintiff proved claim.
Civil procedure – Ex parte proceedings after service by publication – entitlement to proceed where defendant absent. Evidence – Burden of proof (s.110 Law of Evidence Act) – plaintiff must prove facts on balance of probabilities. Remedies – monetary judgment for unpaid rent and refund of debt; award of general damages, interest and costs.
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30 July 2019 |
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Leave to appeal granted against High Court dismissal of petition to set aside arbitration award; application found timely.
Civil procedure — Leave to appeal — Section 5(1)(c) Appellate Jurisdiction Act — High Court decision dismissing petition to set aside arbitral award — application for leave to appeal permissible. Arbitration — Order converting arbitral award into court decree — timing and appealability of enforcement order. Procedural law — Timeliness of leave application and notice of appeal where subsequent enforcement order is issued.
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30 July 2019 |
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30 July 2019 |
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30 July 2019 |
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Application dismissed for want of prosecution after failure to file ordered written submissions; no costs due due to gratis representation.
Civil procedure – dismissal for want of prosecution – failure to file ordered written submissions; ex parte proceedings following service; costs – gratis legal assistance (TAWLA).
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30 July 2019 |
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Appeal allowed: identification-only documents do not prove contract or special damages; judgment set aside and each party to bear own costs.
Evidence — documents marked for identification only are not evidence of contractual rights or title; Evidence — burden of proof and requirement that special damages be proved specifically and strictly; Civil procedure — court must decide admissibility of documents before proceeding; Costs — discretionary, generally follow the event but may be departed from where court irregularities exist.
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29 July 2019 |
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Defective DPP certification, a charge citing a repealed provision and an invalid trophy valuation rendered the trial a nullity.
Criminal procedure – jurisdiction and DPP’s certificate under EOCCA ss.12(3) & 12(4); defective charge citing repealed statutory provision; admissibility and competency of trophy valuation under Wildlife Conservation Act s.114(3); nullity of proceedings; retrial discretionary under s.388 CPA.
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29 July 2019 |
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Review dismissed: date error found but immaterial where applicant failed to prove or document cause of delay.
Civil procedure — Review for error apparent on the face of the record — test for manifest/patent errors. Limitation law — computation of time; distinction between judgment certification and decree extraction. Extension of time — applicant’s burden to prove sufficient cause and to account for each day of delay. Evidentiary requirement — duty to append/pr ovide prior court ruling relied upon to prove cause of delay.
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29 July 2019 |
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Appeal dismissed as time-barred for failure to apply for extension/exclusion of period awaiting certified judgment copies.
Law of Marriage Act s.80(2) – 45-day time limit for appeals to High Court from District Court in matrimonial matters; Law of Limitation Act s.19(2) – exclusion of time spent obtaining copies not automatic; application for extension required; Preliminary objection – appeal dismissed as time-barred.
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26 July 2019 |
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Where the record is silent on a jurisdictional preliminary objection, proceedings are nullified and the case is remitted for rehearing.
Civil procedure – preliminary objection – jurisdiction – right to be heard – absence of record on hearing/determination – nullification of trial court proceedings and remittal for fresh hearing.
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26 July 2019 |
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Court granted extension to file appeal due to reasonable short delay and serious arguable illegality regarding guarantors in summary suit.
Civil procedure – extension of time – applicant must show sufficient/good cause; accounting for each day of delay may be required but short reasonable delay acceptable. Civil procedure – summary judgment – whether guarantors may be sued under Order XXXV; alleged illegality/irregularity can justify extension where point is serious and arguable. Prejudice – grant of extension balanced against respondent’s right to enjoy decree; right to be heard and arguable illegality may outweigh prejudice.
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26 July 2019 |
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Extension of time to appeal denied where applicants failed to show good cause or to account for the delay.
Civil procedure – Extension of time – discretion to grant – good cause required – applicant must account for all days of delay and show diligence. Limitation law – delay in obtaining trial records can form part of good cause but does not absolve obligation to explain remaining delay. Evidence – communication breakdown and attendance at professional meetings insufficient to justify unexplained delay.
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26 July 2019 |
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Review dismissed: procedural errors in summary suit not fatal absent prejudice; recusal requires formal application.
Revision – summary suit procedure – Order XXXV Rule 3 (leave to defend) – Order XIV Rules 1–3 (framing issues) – procedural irregularities not fatal absent prejudice – recusal requires formal application and objective bias test – substantial justice over technical non‑compliance.
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26 July 2019 |
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Appellate court restored malicious-damage conviction because prior tribunals had already determined land ownership.
Criminal law – Malicious damage to property – Effect of prior civil/tribunal determinations of land ownership on criminal proceedings – Appellate review where lower court quashed conviction based on alleged unresolved ownership dispute.
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25 July 2019 |
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Application for leave to seek judicial review dismissed as time‑barred under the six‑month statutory rule; no costs.
Judicial review – leave to apply – Rule 6 Law Reform (Fatal Accidents and Miscellaneous Provisions) (Judicial Review Procedure and Fees) Rules, 2014 – six‑month time limit. Limitation – Law of Limitation Act Cap 89 RE 2002 s.3(1) – consequence of filing out of time is dismissal. Procedure – striking out is not a proper remedy for time‑barred judicial review applications; dismissal is appropriate. Court may raise timeliness suo motu and decline to award costs when it does so.
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25 July 2019 |
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Unexplained 60-day delay and ignorance of procedure were insufficient to justify extension of time to appeal.
Extension of time – section 14(1) Law of Limitation Act – discretion to extend time – sufficiency of reasons – duty to account for delay – ignorance of law/procedure not a ground.
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25 July 2019 |
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Burden to prove joint efforts in division of matrimonial property; pre‑marriage assets not divisible without proof of improvement.
Matrimonial property – Division under s.114(1) Law of Marriage Act – Burden of proof lies on party alleging joint efforts; pre‑marriage acquisition remains non‑matrimonial unless proven improved during marriage; encumbrances and pending bank claims are relevant in allocation; insufficient evidence defeats claimed assets.
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25 July 2019 |
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Execution allowed after judgment debtor failed to appear following notice by publication under Order XXI.
Civil procedure – Execution of decree – Notice to show cause under Order XXI Rule 20 – Service by publication – Failure to appear to show cause under Order XXI Rule 21 – Appointment of court broker to execute decree.
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25 July 2019 |
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Failure to account for delay and counsel's lack of diligence warranted refusal to extend time to set aside dismissal.
Civil Procedure – Order IX r.9(1) CPC – Setting aside dismissal for want of prosecution – requirement to show "sufficient cause"; duty to account for each day of delay; promptness and diligence; counsel's negligence assessed in sufficiency of explanation.
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25 July 2019 |
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Applicant's extension of time denied for failure to account for periods of delay and lack of pleaded illegality.
Limitation — extension of time under Law of Limitation Act ss.14(1) & 19(2); applicant must account for each day of delay; diligence required; late supply of records does not automatically excuse unexplained delay; alleged illegality must be pleaded in affidavit to support extension.
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25 July 2019 |
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Medical evidence proved penetration but unreliable nighttime visual identification led to acquittal for lack of proof.
Criminal law – Rape – penetration corroborated by medical evidence (PF3) – Visual identification – child witness unsworn, no voire dire – identification at night – Waziri Amani caution – failure to prove identity beyond reasonable doubt – conviction quashed.
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24 July 2019 |
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Appeal allowed: convictions quashed due to defective particulars and improper arrest/seizure procedures undermining evidence.
Criminal law – armed robbery – sufficiency of evidence and connection between accused and the alleged robbery when arrest occurs months later at a different location. Criminal procedure – arrest and seizure – requirement to involve independent witness and to issue seizure certificate; failure undermines prosecution evidence. Criminal pleading – particulars of robbery – necessity to name the person against whom threats or force were directed; omission renders charge defective.
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24 July 2019 |
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Court upheld 60/40 property split, ordered Mbopo land divided, and awarded TShs.200,000 monthly maintenance to the child.
Matrimonial property – division under section 114 Law of Marriage Act – relevance of contributions, debts and child welfare; custody and maintenance distinct from property division; unsurveyed land and inclusion in matrimonial estate; need for separate land action where title contested.
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24 July 2019 |
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An ambiguous chamber summons citing the wrong statutory provision renders an application for leave to appeal out of time incompetent and struck out.
Limitation Act s.14 – extension of time v. leave to appeal out of time – competency of chamber summons – preliminary objection for wrong citation – ambiguity in pleadings – striking out and costs.
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24 July 2019 |
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Affidavit jurat ambiguous on deponent identification; defects sustained but amendment allowed in interest of justice.
Notaries/Public Commissioners for Oaths – Jurat requirements after 2016 amendment – jurat must state commissioner’s name, deponent, place and date; Oaths and Statutory Declarations Act – method of identification of deponent; procedural technicalities v. substantive justice – amendment permitted to cure jurat defects.
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24 July 2019 |
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Night‑time identification unreliable and a repudiated cautioned statement admitted without mandatory inquiries led to quashed conviction.
Criminal law – Identification evidence – Visual identification at night requires proof of sufficient lighting, opportunity and earliest identification; delay in arrest and failure to show lighting undermines reliability; Confessions – Repudiated cautioned statement inadmissible without mandatory judicial inquiries; Evaluation of evidence – Unsafe conviction where primary pieces of evidence are excluded.
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24 July 2019 |
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Conviction quashed where defective seizure, unclear charging and a judgment lacking required reasons undermined prosecution.
Criminal law — narcotic drugs — unlawful possession — proof beyond reasonable doubt; chain of custody and seizure procedure (s.38 CPA, PGO). Criminal procedure — particulars of charge — requirement to disclose nature of offence when accused arrested separately. Judicial procedure — judgment must give reasons (s.312 CPA); failure renders decision defective.
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24 July 2019 |
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Conviction for cyber defamation quashed for failure to produce the alleged WhatsApp message or device and insufficient corroboration.
Cybercrimes Act s.16 – publication of defamatory information – necessity of producing the alleged electronic message and device as material evidence. Admissibility and weight of cautioned statements – retracted statements require corroboration; retraction may undermine use as sole basis for conviction. Hearsay – evidence of seeing a message on another's phone without producing the message/device is hearsay and insufficient to prove publication.
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24 July 2019 |
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Conviction for forgery and abuse of office quashed where prosecution failed to prove forgery beyond reasonable doubt.
Criminal law – Forgery – Proof beyond reasonable doubt required – Procedural irregularities and witness interest may vitiate prosecution case. Evidence – Witness credibility – Interested witnesses require caution in evaluation. Evidence – Handwriting expert opinion – Not conclusive where surrounding facts raise reasonable doubt. Procedural law – Inconsistent tribunal records (adjournment vs. judgment date) raise doubt on authenticity of judgment. Criminal law – Abuse of office – Not proved where primary forgery charge fails.
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24 July 2019 |
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Failure to sign recorded witness evidence vitiated the trial, requiring quash of conviction and retrial.
Criminal law – Rape – charge sheet particulars; Criminal procedure – recording of evidence – mandatory signing of proceedings (s210(1)(a) CPA) – failure to sign is incurable where it affects entire record; Remedy – quash proceedings and order retrial; Revisionary powers (s373(1)(a) CPA).
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24 July 2019 |
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The court upheld lower courts’ findings that the respondent’s child is a lawful heir and dismissed the applicant's appeal.
Probate law – determination of beneficiaries – consistency between probate determination and subsequent civil claim recognizing same heir. Revision jurisdiction – scope of District Court’s review of Primary Court probate and civil decisions; procedural defects cured in revision. Evidence – documentary proof (birth certificate, payment receipts, Treasury acknowledgement) as establishing heirship. Procedure – next-friend requirement for actions on behalf of minors and curing of procedural defects in revision.
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24 July 2019 |
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An appellate court will not entertain the validity of a will that was not raised or determined at trial; appeal dismissed.
Probate law – validity of wills – precedence of a will in estate distribution; Civil procedure – appellate limitation – issues not raised at trial cannot be first raised on appeal; Evidence – formal requirements and witnessing of wills; Prior proceedings – effect of earlier findings on the same instrument.
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23 July 2019 |
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Suit dismissed: plaint discloses no cause of action against defendant and claims are res judicata.
Civil procedure – preliminary objections – cause of action must be disclosed against the defendant; res judicata and functus officio bars where issues were finally determined in prior proceedings; execution challenges require appropriate application; locus standi of Attorney General and verification defects considered but not determinative.
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23 July 2019 |
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A valid appellate stay of execution suspends High Court execution proceedings despite an appeal not automatically barring execution.
Civil Procedure – Execution – Appeal not a bar to execution absent an appellate stay – Order XXXIX Rule 5 CPC. Appellate procedure – Ex parte stay of execution by Court of Appeal suspends execution in trial court. Costs – Whether a party is liable to costs where a review court did not expressly award costs (disputed). Service – Valid appellate stay prevails even where service of appellate documents on decree holder is contested.
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23 July 2019 |
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23 July 2019 |
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Convictions quashed where prosecution failed to prove the victim's age, school status, and link between accused and pregnancy.
Criminal law — Sexual offences: statutory rape (s.130(2)(e) Penal Code) requires proof that the complainant was under 18; charge-sheet/recital not evidence. Education Act s.60A(3) — impregnating a schoolgirl requires proof of school attendance and linkage to accused. Evidence — necessity of documentary or corroborative proof (birth certificate, parental/school testimony, or scientific evidence) to establish age and paternity. Procedure — irregular preliminary hearings and substituted charge noted but decision rests on failure to prove essential elements.
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22 July 2019 |
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Admission of digital penetration did not prove attempted rape; offence recharacterised as indecent assault and sentence varied.
Criminal law – sufficiency of admission — attempted rape versus indecent assault — digital penetration does not amount to attempted penile rape; mischaracterisation of offence; re‑sentence to appropriate offence under s.135(1),(2) Penal Code.
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22 July 2019 |
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The applicant's fresh suit was dismissed as res judicata and barred by functus officio; appeal or review was the proper remedy.
Civil procedure – Res judicata (s.9 CPC) – cause of action and reliefs directly and substantially the same; Functus officio – court barred after ruling and decree; Quantum difference not altering cause of action; Proper remedies: appeal, review (Order XLII) or revision; Dismissal of fresh suit for being res judicata.
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22 July 2019 |
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Whether a bailee (the respondent) breached its contractual duty by failing to secure stored goods lost during third‑party eviction.
Contract law – bailee for reward – duty to exercise care and insure stored goods; breach where goods lost to third‑party eviction; proof of special damages – requirement to plead and particularize quantum; alternative execution of separate decree – not maintainable against different party.
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22 July 2019 |
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Registrar exceeded powers and acted unreasonably in invalidating the party’s AGM; decision quashed and costs awarded.
Administrative law – judicial review – certiorari – excess of power and irrationality where public officer invalidates internal party meeting without fair inquiry or reasons Political parties – Registrar’s scrutiny of party returns – power is incidental and must be exercised with due procedure and consideration of party records Remedies – certiorari available to quash unlawful administrative decisions; prohibition not appropriate in these facts
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22 July 2019 |
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Domestic/domestic supervisory contributions justify a 40% share of matrimonial assets; appeal dismissed.
Matrimonial property division — domestic contributions by a housewife constitute joint efforts — section 114(2) Law of Marriage Act — effect of personal debts on asset division — appeal dismissed.
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22 July 2019 |
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Contractor entitled only to proved Certificate No.3 sum; appellate court quashed copyright judgment for lack of evidence and reliance on untendered agency agreement.
Contract law – payment of interim certificates, retention money, set‑offs and liquidated damages – requirement to prove approved variations and causal link to delay; validity of deductions for overpayment. Evidence – necessity of tendering documentary proof for claimed approvals, variations and agency agreements; burden of proof rests on claimant. Copyright – distribution right and waiver by sale (s.10(1)); primary versus secondary infringement; vicarious/secondary liability requires evidence of control, knowledge or benefit; courts must not base findings on documents not admitted in evidence.
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19 July 2019 |