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Citation
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Judgment date
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| August 2019 |
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30 August 2019 |
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Unlawful detention of a port vehicle warranted release and damages for proven loss of income.
Ports law – detention of vehicles – Ports Act s.89 and Regulations (Reg.45(2)(f)(ii)) – requirement to hand over to police and act reasonably when detaining property. Unlawful detention – refusal to follow statutory procedure – declaratory and injunctive relief. Damages – proof of loss of income by documentary evidence – special and general damages awarded. Evidence – burden to prove special damages; admitted electronic receipts and loan documents proved loss.
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30 August 2019 |
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Assessors cross‑examining witnesses and an unexplained judicial departure from assessors' views vitiated the trial, ordering retrial.
Criminal procedure — Role of assessors — Assessors may question witnesses under s.177 Evidence Act but must not cross‑examine or assume adversarial role; Assessors must remain impartial; Trial judge should state reasons when departing from assessors' opinions; Irregularities amounting to mistrial warrant quashing of conviction and retrial.
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30 August 2019 |
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Appeal dismissed: borrower failed to prove defence; trial court rightly ordered repayment of principal and awarded costs.
Civil appeal – loan agreement – repayment of principal – admissibility and sufficiency of evidence – burden of proof (s.112 Evidence Act) – award of costs to successful litigant – charging interest by individual lenders and requirement of Bank of Tanzania certificate.
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30 August 2019 |
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30 August 2019 |
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Conviction for attempted armed robbery quashed where evidence showed only unlawful firearm possession, not intent to steal.
Criminal law – Attempted armed robbery – proof of intention to steal – unlawful possession of firearm insufficient to prove attempt – hearsay and contradictory eyewitness accounts undermine prosecution case – Woolmington principle: burden beyond reasonable doubt.
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30 August 2019 |
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30 August 2019 |
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Court vacated scheduling order and allowed additional/supplementary witness statements under section 95 in the interests of justice.
Commercial procedure – scheduling conference – amendment/enlargement of time to file witness statements – applicability of section 95 (inherent powers) vs section 93 – omnibus application doctrine – locus standi to apply for supplementary witness statements – overriding objective and substantial justice.
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30 August 2019 |
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Wrong citation of a statutory provision renders a revision application incompetent and cannot be cured by the overriding objective.
Procedural law – competency of application – wrong or non‑existent citation renders application incompetent; Overriding objective – cannot cure fundamental procedural defects; Inherent powers (s.95) and other cited provisions cannot validate an application improperly commenced; Application struck out with costs.
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30 August 2019 |
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Application for extension of time allowed to proceed where alleged illegality and probate-related delays rendered the filing prompt and arguable.
Limitation law – extension of time under s.14(1) – promptness and accounting for delay by probate administrators. Civil appeals – alleged illegality in trial court’s judgment as ground for extension of time – points of law apparent on face of record. Illegality as sufficient cause for extension – requirement of diligence and prompt action.
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30 August 2019 |
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Court grants extension of time to seek leave to appeal because delay from seeking legal assistance amounted to good cause.
Civil procedure — Extension of time under s.11(1) Appellate Jurisdiction Act — discretionary relief requiring sufficient cause; delay due to seeking legal assistance can constitute good cause. Right to legal representation and interests of justice relevant in extension applications.
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30 August 2019 |
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Prison administration’s failure to transmit the applicant’s appeal documents justified extension of time to file a notice of appeal.
Criminal Procedure Act s.361(1),(2) – extension of time for notice of intention to appeal – good cause – delay caused by prison administration’s failure to transmit appeal documents – leave to file out of time.
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29 August 2019 |
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Applicant charged with attempted murder granted bail as offence is bailable and prior compliance and constitutional liberty considerations favored release.
Criminal procedure – Bail – Application under s.148(1) Criminal Procedure Act – Whether offence falls under s.148(5) non-bailable list – Bailability of attempted murder in the instant record. Constitutional law – Right to personal liberty (Article 15(2)(a)) – Whether refusal of bail would violate constitutional right. Bail conditions – Sureties, bond, surrender of travel documents, reporting to police, verification by Resident Magistrate's Court.
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29 August 2019 |
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Appellate court upheld conviction, finding the child competent and evidence sufficiently corroborative despite minor defects.
Criminal law – Unnatural offence (s.154 Penal Code); Charge drafting – inclusion of penalty subsection not fatal; Voir dire – competency of child witness; Corroboration – identification/apprehension and circumstantial evidence; Appeal – conviction upheld.
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29 August 2019 |
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Appellants' convictions based on equivocal pleas and prosecution delay over 60 days were quashed and appellants discharged.
Criminal procedure – plea of guilty – requirements for an unequivocal plea; Unlawful possession of narcotic drugs – proof of possession (ownership/control/knowledge); Statutory time limits – investigation exceeding 60 days without extension – dismissal under section 225(5); Prosecution failure to prosecute – consequences; DPP’s discretion to prefer fresh charges when witnesses available.
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29 August 2019 |
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Conviction for kite-flying quashed after key documentary exhibits were not read in court and were expunged.
Criminal law – Offence of kite-flying (s.332B Penal Code) – Elements include issuance of cheque, dishonour for insufficiency, and notice to issuer with eight-day failure to make good – Evidence law – Documentary evidence must be read in court once admitted; failure to read is a fatal irregularity requiring expunction – Conviction unsafe where key documents are expunged.
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29 August 2019 |
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Applicant was a "current importer" not exclusive distributor; termination valid, limited general damages awarded.
Contract law – contractual interpretation: "current importer" versus "sole distributor"; validity and authority of termination by agent; proof and measure of special versus general damages for breach of distributorship agreement; evidentiary requirements for valuation reports and consequential loss claims.
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29 August 2019 |
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Convictions quashed because prosecution failed to prove the victim’s age, despite medical evidence and no requirement for DNA.
Criminal law – Rape and statutory sexual offences – Proof of victim's age essential where age is element; absence of DNA not fatal to prosecution; section 114(2) Law of the Child; medical report (PF3) useful but does not substitute age proof; failure to call investigator and prove age renders conviction unsafe.
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29 August 2019 |
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29 August 2019 |
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Extension of time granted despite inadequate accounting because of an arguable illegality in the impugned ruling.
Land appeal — extension of time to file notice of appeal — requirement to account for each day of delay — dilatory conduct — illegality/Oxygen principle may justify extension despite inadequate accounting.
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29 August 2019 |
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No valid written arbitration agreement between the applicant and respondent vitiates arbitrator's jurisdiction and renders the award void.
Arbitration law – jurisdiction – existence of a written arbitration agreement; unsigned or draft contract – insufficiency to confer jurisdiction; arbitrator’s duty to raise and determine jurisdiction and to require material documents; award rendered without jurisdiction is nullity; High Court supervisory power under section 15 (misconduct) limited to jurisdictional and misconduct issues.
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29 August 2019 |
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Matrimonial appeals require filing a memorandum in the trial court; waiting for court records does not justify delay.
Matrimonial appeals — governed by section 80 Law of Marriage Act and Rule 37 Matrimonial Proceedings Rules; Civil Procedure Code appeal provisions do not apply; extension of time — applicant must account for every day of delay; waiting for court clerk to supply certified copies does not automatically constitute sufficient cause.
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28 August 2019 |
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28 August 2019 |
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Child witnesses' s.127 oath and properly admitted PF3 upheld rape conviction; appeal dismissed.
Criminal law – Rape of a child – Child witness evidence and s.127 Evidence Act compliance (post‑2016 amendment) – Admissibility and procedural tendering of PF3 medical report – Corroboration of victim’s testimony by medical evidence – Burden of proof.
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28 August 2019 |
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Attorney General failed to follow statutory joinder procedure; court dismissed application and allowed execution to proceed.
Office of the Attorney General Act – intervention – section 17(2)(a) & (b) notice and demonstration of public interest required before joinder. Civil Procedure Code – Order XXI Rules 57(1) & (2) – stranger’s right to object to execution. Execution of arbitration awards – challenge by appeal; appeal does not automatically stay execution. Immunity of public funds – burden to show monies held by corporate entity are government property immune from attachment.
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28 August 2019 |
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A credible child’s testimony can sustain conviction for grave sexual abuse despite medical evidence of no penetration.
Criminal law – Sexual offences – Grave sexual abuse versus rape – relevance of penetration to offence charged. Evidence – Child witness – competence and credibility under section 127(7) – uncorroborated testimony may suffice. Evidence – Medical report – absence of penetration does not necessarily negate sexual assault. Procedure – No necessity to call additional eyewitness where primary victim’s evidence is credible and immediate.
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28 August 2019 |
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Applicant failed to show good cause for extension of time; unexplained prolonged delay warranted dismissal.
Criminal procedure – Extension of time to appeal under section 25(1)(b) – Requirement to show "good cause" – Court’s discretion to be exercised judicially – Need to account for entire period of delay – Delay in obtaining judgment copies may justify short delay but unexplained long delay is fatal.
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28 August 2019 |
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Reporting suspected forgery to police and consequent lawful arrest does not constitute false imprisonment without proof of unlawful detention.
Criminal procedure – reporting alleged offence to police – lawfulness of police investigation and arrest; Civil tort – false imprisonment – burden of proof on balance of probabilities; Damages – requirement of evidence for loss of earnings.
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28 August 2019 |
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Eyewitness and corroborative evidence proved stealing by agent; appeal dismissed and conviction affirmed.
Criminal law – Stealing by agent – Proof beyond reasonable doubt – Role of direct eyewitness and corroborative testimony; absence of arresting officer or seizure certificate not necessarily fatal to prosecution case.
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28 August 2019 |
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Applicant appointed administratrix where petition was uncontested and heirs’ consent was deliberately withheld.
Probate and administration – grant of letters of administration – waiver of heirs' consent where consent withheld; domicile and citation requirements; administrators' bond and surety; uncontested petition – appointment of administratrix.
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27 August 2019 |
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Defendant found in default; court recalculated outstanding loan and awarded contractual and court interest plus costs.
Summary procedure (Order XXXV r.1(c)) – loan/overdraft converted to long-term facility – mortgage security – borrower default – ex parte proof – recalculation of decretal sum – contractual/default interest at 28% – post-judgment interest at court rate – costs awarded.
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27 August 2019 |
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Late substitution of annexures to a witness statement denied for lack of good cause and prejudice to the defendants.
Civil procedure — Amendment of witness statements; substitution of documents after filing — Order VII r14(2) & Order XIII r2 CPC; section 95 CPC discretionary power; Commercial Court Rules r4 (substantive justice) — compliance with procedure and prevention of prejudice and abuse of process.
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27 August 2019 |
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Funds held for a child’s maintenance in a trust/insurance account cannot be used to reimburse an agent’s administration or travel expenses.
Family/Probate law – protection of funds designated for a child’s maintenance; trustee/insurance accounts – prohibition on deductions for third‑party expenses; civil procedure – counter‑claim requires proof on balance of probabilities.
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27 August 2019 |
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The respondent occupier/employer was vicariously liable for death caused by its security guard's negligence; other defendants not liable.
Torts – Negligence and vicarious liability – Occupiers’ liability and employer responsibility for acts/omissions of security personnel; proof required to establish supervisory or professional negligence; improper specification of quantum for general damages; absence of contractors’ insurance noted but not dispositive of liability.
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26 August 2019 |
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Failure to file court-ordered written submissions warranted dismissal of the appeal for want of prosecution.
Criminal procedure – appeals – disposal by written submissions – failure to file submissions equates to want of prosecution. Civil/criminal procedure – compliance with court orders – courts must not condone non-compliance; firm control required. Procedural law – belated applications blaming counsel may be treated as delay tactics and will not excuse non-compliance.
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26 August 2019 |
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Court substituted dismissal with strike-out for an incurably defective petition and set aside an unrequested costs order.
Civil procedure – verification of pleadings (Order VI) – defective verification – preliminary objection upheld; incompetent matter not heard on merits must be struck out, not dismissed – revisional power to substitute order – costs: award of costs when not prayed for is improper.
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26 August 2019 |
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Unreliable night identification and irregular cautioned statement vitiated the conviction; appeal allowed and appellant released.
Criminal law – identification evidence – requirement to specify source and intensity of light for night identifications; identification may be unsafe if descriptions and conditions are not established. Criminal procedure – cautioned statement – non-compliance with legal safeguards vitiates subsequent proceedings. Criminal law – delayed arrest and absence of identification parade – factors undermining safety of conviction.
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26 August 2019 |
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Trial declared a nullity for failure to address double jeopardy and identification evidence was held unreliable, conviction quashed.
Criminal law – double jeopardy (s.137 CPA) – trial court’s duty to rule on prior trial objection – failure renders proceedings a nullity. Evidence – visual identification – necessity to establish lighting, proximity and other aids per Waziri Amani for reliable identification. Criminal procedure – material variance between charge and evidence undermines proof beyond reasonable doubt. Conviction cannot stand on proceedings declared a nullity.
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23 August 2019 |
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Conviction quashed: trial declared a nullity for failure to address section 137 objection and for unsafe identification and inconsistent evidence.
Criminal procedure – section 137 CPA (double jeopardy) – failure to rule renders trial a nullity; Identification evidence – Waziri Amani criteria – necessity of lighting, proximity and opportunity to observe; Material variance between charge and testimony undermines prosecution; Identification parade reliability where witnesses may have seen accused at police station; Conviction unsafe where procedural and substantive defects exist.
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23 August 2019 |
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Whether letters of administration should be revoked and the Administrator General appointed sole administrator due to mismanagement and dispute.
Probate – Revocation of letters of administration; Administrator General – appointment/sole administrator where estate at risk; s.107(1) Probate and Administration of Estates Act; s.6 Administrator-General (Powers and Functions) Act; failure to administer, disputes and non‑filing of inventory as sufficient cause.
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23 August 2019 |
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Leave to appeal refused where applicant failed to show arguable appeal or jurisdictional issue arising from legislative amendment.
Appellate Jurisdiction – leave to appeal – requirements that appeal be arguable or raise issue of general importance. Jurisdiction – appeals from Industrial Court – effect of Written Laws (Misc. Amendments) Act No. 11 of 2010/2011 on pending appeals. Interpretation – meaning and application of 'pending' appeals in transitional provisions. Civil procedure – extension of time and procedural status of withdrawn and refiled applications.
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23 August 2019 |
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23 August 2019 |
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Extension of time refused where applicant failed to prove court notice or justify delay; counsel’s alleged accident unproven.
Civil procedure — Extension of time to file appeal — "Sufficient cause" — Applicant must account for delay, show diligence and avoid inordinate delay — Alleged failure by court to notify delivery of ruling must be proved by evidence (e.g., court records or affidavit of court officer) — Counsel’s personal incapacity requires proof and may not excuse delay if other remedies were available — Exercise of discretion must guard against prejudice and vexatious litigation.
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23 August 2019 |
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Injuries proved but negligence and special damages not established; general damages of Tshs 10,000,000 awarded.
Road traffic accident – negligence – absence of eyewitness/sketch and inconclusive traffic proceedings insufficient to establish civil negligence; injuries proved by medical records; special damages require strict proof by receipts and particulars; insurer’s medical assessment (2% disability) supports award of general damages (Tshs 10,000,000).
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23 August 2019 |
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Application for injunction against a receivership dismissed because appointment was lawful and relief would pre-judge the pending suit.
Commercial law – Receivership – validity of appointment – requirements: debenture, final demand, publication and change of name evidence. Interim relief – temporary injunctions – court will not grant interlocutory orders that amount to pre-judging the substantive suit. Civil procedure – affidavits – must contain factual evidence in accordance with Order XIX CPC; avoid pleading-style phrases.
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23 August 2019 |
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Applicant failed to account for delay; extension of time to set aside dismissal for want of prosecution was refused.
Civil procedure – Extension of time – Section 14(1) Law of Limitation Act – applicant must account for each day of delay; delay must not be inordinate; applicant must show diligence or other sufficient reasons (e.g. illegality). Civil procedure – Omnibus applications – joinder of multiple prayers permissible but court may treat distinct reliefs separately. Applications to set aside ex parte/dismissal orders – procedural requirement to explain delay in filing the setting-aside application.
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23 August 2019 |
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Appeal dismissed: court lacked jurisdiction as claim fell within Primary Court, making proceedings incompetent.
Jurisdiction – pecuniary limits and forum – effect of Written Laws (Miscellaneous Amendments) Act No.3 of 2016 on magistrates' courts’ jurisdiction; Commercial vs civil classification; Wrong forum – incompetence of proceedings and appropriate remedy (dismissal).
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23 August 2019 |
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Applicant’s prior accident and delay in securing legal aid did not constitute sufficient cause for extension of time.
Limitation law – extension of time under s.14(1) Law of Limitation Act; requirement to show sufficient/good cause; incapacity and evidence – prior accident not automatically excusing delay; diligence – pursuing extra‑judicial remedies and failing to account for days of delay weighs against extension.
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23 August 2019 |
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Domestic work is a contributory factor but lack of evidence of extent defeats a claim for equal division of matrimonial assets.
Family law – matrimonial assets – definition and scope under section 114, Law of Marriage Act – assets acquired in marriage and improvements to pre-marital property.* Contribution – domestic/household work recognised as contribution but requires evidence of extent before equal division awarded.* Division of matrimonial assets – guided by equity, not strict equality; court must consider customs, contributions, joint debts and children's needs (s.114(2)).* No legal obligation to list and value all assets prior to making a division order.
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23 August 2019 |
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Application for revocation of letters of administration dismissed for failure to prove statutory grounds; inventory and publication of citation established.
Probate law – Revocation of letters of administration – Scope and limits of section 49 – Revocation not a substitute for appeal or review; Court functus officio once administration concluded. Service and citation – Service by publication in Gazette and widely circulated newspaper can satisfy citation requirements in probate matters. Probate procedure – Requirement to file inventory and to account for estate assets; absence of proven concealment or failure to exhibit inventory defeats revocation claim. Administration bond – Alleged technical defects in bond or petition do not automatically justify revocation without material prejudice or fraud.
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22 August 2019 |