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Citation
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Judgment date
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| September 2019 |
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Bank failed to prove borrower default or entitlement to legal costs; suit dismissed for lack of admissible evidence and jurisdiction.
Commercial law – Overdraft facility – Facility letter obliges repayment "on demand"; demand/notice required. Evidence – Bank statement admissibility and weight – need for certification/custodian to establish genuineness. Jurisdiction – Costs from separate lawsuit in another registry not recoverable in this suit. Tax evidence – payment of legal fees requires fiscal/EFD receipts and VAT documentation.
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30 September 2019 |
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Extension granted to allow appeal on alleged illegality despite applicant's failure to fully account for delay.
* Civil procedure – extension of time under s.14(1) Law of Limitation Act – requirements for "good cause": account for all days of delay, non-inordinate delay, diligence. * Illegality of impugned decision can constitute sufficient ground for extension. * Alleged irregularity in High Court proceedings does not automatically amount to good cause where extension is sought to appeal a lower court decision.
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30 September 2019 |
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Failure to state the plaint's subject-matter value deprived the court of jurisdiction; suit struck out with costs.
Civil procedure — preliminary objections — res judicata requires identity of parties and substantially same issue; preliminary objections cannot decide factual issues (Mukisa) — Order VII r.1 mandatory requirement to state value of subject matter — lack of stated value deprives court of monetary jurisdiction — suit struck out for want of jurisdiction.
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30 September 2019 |
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Regulator justified in refusing licence renewal; company operated without licence and failed to prove claimed losses.
Insurance law — licence renewal — regulator’s risk assessment — shareholder conflicts, misrepresentation of capital and alleged embezzlement — refusal to renew licence justified; company operating without licence — failure to prove loss of business and general damages.
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30 September 2019 |
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An appeal filed after the limitation period cannot rely automatically on excluded‑day provisions; leave to extend time was required, appeal dismissed.
Civil procedure – Limitation of actions – Whether appeal filed beyond 90 days is time-barred; application of Law of Limitation Act s.19(6) (excluded days) – non‑automatic operation; requirement to seek leave or extension under s.14(1).
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30 September 2019 |
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Applicant failed to show sufficient cause to set aside an ex parte decree; appeal dismissed with costs.
Civil procedure – Setting aside ex parte order/judgment – Order IX Rule 9(1) Civil Procedure Code – "sufficient cause" for non-appearance – negligence of advocate and afterthought allegations insufficient – belated complaints about service not admissible on appeal.
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30 September 2019 |
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Appellants failed to prove the auction, sale price or auctioneer substitution rendered the sale unlawful.
Family law – sale and execution of matrimonial property; validity of auction and purchase; substitution of auctioneer; evaluation of evidence; delay and procedural challenge to sale.
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30 September 2019 |
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Appeal dismissed: trial court’s evaluation upheld; procedural gaps and delay defeated challenge to auction and sale.
Civil procedure – appeal against dismissal of claim for unlawful auction and eviction; lawfulness of auction/sale of matrimonial property; substitution/role of auctioneer; evaluation of evidence; effect of prior valuation and restraining orders; delay and failure to join necessary parties.
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30 September 2019 |
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Non‑compliance with Evidence Act s127(2) for child witnesses invalidated the conviction; appeal allowed and retrial left to prosecution.
Criminal law – Evidence by child of tender age – Section 127(2) Evidence Act (as amended by Act No.4 of 2016) – requirement that child promise to tell the truth and competency questioning – non‑compliance renders testimony unreliable – conviction quashed and retrial permissible.
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30 September 2019 |
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30 September 2019 |
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Applicant's appeal succeeds on refusal to allow amendment; 'unlawful possession' framing did not cause prejudice.
Civil procedure – amendment of pleadings – Order VI r.17 – amendments permissible at any stage before judgment if no injustice; Evidence Act s.147(4) – recall of witnesses – scope and application; Pleadings – framing of issues – use of term "unlawful possession" in contractual dispute and requirement of demonstrated prejudice before setting aside proceedings.
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30 September 2019 |
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Guilty plea, first‑offender status, remand period and self‑defence circumstances warranted a one‑year sentence for manslaughter.
* Criminal law – Sentencing – Manslaughter – Maximum penalty life imprisonment – mitigation by guilty plea, first‑offender status and time on remand.
* Evidence – Exhibits P1 and P2 – circumstances suggesting attack/self‑defence as mitigating circumstances.
* Sentencing principles – balancing mitigation and deterrence; guilty plea and remand period as relevant factors.
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29 September 2019 |
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Cautioned statements of co-accused admitted without inquiry and without corroboration rendered the conviction unsafe.
* Criminal procedure – admissibility of cautioned statements – mandatory inquiry (trial-within-a-trial) where voluntariness is objected to.
* Evidence – confession of co-accused – requires corroboration; conviction cannot rest solely on co-accused’s confession (Evidence Act s.33(2)).
* Conviction unsafe where primary evidence is expunged for procedural irregularity.
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28 September 2019 |
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Applicant allowed to pursue leave to file an out-of-time notice of appeal after earlier Court of Appeal appeal was struck out for incompetency.
Criminal procedure – leave to file notice of appeal out of time; abuse of court process – impact of previous appeal being struck out for incompetent notice; remedy where Court of Appeal appeal is struck out.
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28 September 2019 |
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Taxation reduced claimed fees to 22,723,200 Tshs, applying the Advocates Remuneration Order and disallowing unexplained items.
Costs — Taxation of bill of costs — Application of Advocates Remuneration Order 2015 (Ninth Schedule, item 6) — Reasonableness of percentage fee relative to subject-matter value — Attendance and photocopy rates — Disallowance of inadequately explained items.
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27 September 2019 |
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Default judgment granted after plaintiff met amended Rule 22(1) by proving claim via affidavit and exhibits.
Commercial procedure — Default judgment — High Court (Commercial Division) Procedure Rules, Rule 22(1) — mandatory proof of service, Form No.1 and affidavit in proof; affidavit must be self‑explanatory and exhibits authenticated — proof on balance of probabilities; relief — damages for breach of contract; interest — commercial and court rates; execution — publication under Rule 22(2).
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27 September 2019 |
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Extension of time granted where delay was due to court’s late supply of judgment records, constituting sufficient cause.
* Civil procedure – Extension of time – discretionary power under Law of Limitation Act s.14(1) and CPC s.95 – "sufficient cause" assessed by all circumstances. * Delay in obtaining copies of judgment – where delay is attributable to court administration, it can constitute sufficient cause. * Prompt application and follow-up for records supports grant of extension.
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27 September 2019 |
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Extension of time granted where delay resulted from advocates’ failure to notify applicant, implicating right to be heard and substantive justice.
* Civil procedure – Extension of time – Section 14(1) & (2) Law of Limitation Act – sufficiency of cause to extend time.
* Right to be heard – audi alteram partem – failure of advocate to inform client of struck out application amounts to injustice.
* Exercise of judicial discretion – overriding objective/substantive justice versus technicalities.
* Duty of advocate to notify client of case status.
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27 September 2019 |
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A district court lacked jurisdiction to decide a land ownership dispute; its proceedings and judgment were quashed.
* Jurisdiction – Land Disputes Courts Act – Magistrates Courts ousted from deciding ownership/title of land; proceedings without jurisdiction null and void ab initio; * Pleadings – jurisdiction determined from pleadings and reliefs; * Remedy – quashing of proceedings, judgment and decree where court lacks jurisdiction.
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27 September 2019 |
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Failure to comply with an order to amend a defective decree rendered the appeal incompetent and led to striking it out.
Civil procedure – defective decree – omission of awarded costs – failure to comply with order to amend memorandum of appeal – competence of appeal – s.96 Cap.33 (correction of slips/omissions) – abuse of court process – striking out appeal.
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26 September 2019 |
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Claim dismissed because delivery notes’ authenticity and signatories’ authority were not proved on the balance of probabilities.
Civil procedure – burden of proof (s.110(1) Evidence Act) – authenticity of documents – delivery notes containing anomalies – signatures and authority to bind a sole trader.
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26 September 2019 |
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Preliminary objections about an unsigned plaint and lack of cause of action were overruled; suit proceeds to trial.
Civil procedure — Preliminary objections — Competency of plaint where advocate signs for absent party — Order VI Rule 14 Civil Procedure Code; defamation — cause of action against director/principal officer when sued jointly and severally; preliminary objection inappropriate where issues are factual and require evidence; overriding objective and substantive justice.
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26 September 2019 |
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Failure to account for prolonged delay warranted dismissal of the application for extension of time to seek leave to appeal and certification.
Appellate procedure – extension of time to file leave to appeal; extension to file certificate on points of law; requirement to account for each day of delay; concurrent prosecution of proceedings in lower courts does not excuse prolonged delay; discretion to refuse extension where delay unexplained.
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26 September 2019 |
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Extension of time to file leave to appeal denied for unexplained, negligent delay and failure to show good cause.
* Civil procedure – Application for extension of time under s.11(1) AJA – requirement to show good cause and account for each day of delay. * Principle – ignorance of law is no defence. * Procedural awareness – request for copy of ruling indicates knowledge of appeal process and undermines claim of ignorance. * Failure to explain right to appeal by trial judge does not automatically render decision illegal.
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26 September 2019 |
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Petition to set aside arbitral award dismissed for lack of misconduct or evidence of improper procurement.
Arbitration — setting aside award — section 16 Arbitration Act — misconduct or improperly procured award required — errors of law or fact not sufficient — failure to decide issues must be particularized — arbitrator’s discretion to award and settle/tax costs.
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26 September 2019 |
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Failure to notify the Attorney General to intervene rendered the arbitral award improperly procured and it was set aside.
Arbitration — Non‑joinder — Treasury Registrar Act s.3 (as amended 2016) — Mandatory right of Attorney General to intervene; duty on Treasury Registrar to notify; failure to notify vitiates arbitration award.
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26 September 2019 |
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Court upheld equal division of the Kitunda matrimonial house but found other properties non‑matrimonial for lack of proof.
* Family law – matrimonial property – proof of existence and characterization of assets as matrimonial property; assessment of contributions under s.114(2) Law of Marriage Act – evidential burden in civil matrimonial claims – admissibility and relevance of sale agreements.
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25 September 2019 |
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Court found marriage irreparably broken, awarded limited property share and Tshs. 5,000,000 damages for adultery.
* Divorce — irretrievable breakdown of marriage; inquiry under s.108
* Matrimonial property — burden of proof, contributions, improvements; division under s.114
* Adultery damages — liability of respondent and co-respondent; assessment under ss.74 and 109
* Remedies — valuation by Government valuer; award of percentage share and monetary damages
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25 September 2019 |
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Conviction based on unreliable visual and dock identification with contradictions; appeal allowed and conviction quashed.
Criminal law – Visual identification – Reliability factors (time, distance, lighting, prior acquaintance) – Dock identification – Identification parade – Credibility of witnesses – Insufficient evidence to sustain conviction.
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25 September 2019 |
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Repudiated extra‑judicial confession, when voluntary and corroborated, can ground a murder conviction under common intention.
Criminal law – Repudiated extra‑judicial/confession statements – admissibility and voluntariness; corroboration by independent evidence; burden to prove particular defence facts (s.100, s.110, s.112 Evidence Act); sufficiency of charge particulars (CPA ss.132,135) and prejudice; common intention (s.23 Penal Code).
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25 September 2019 |
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Failure to obtain a genuine Conciliation Board certificate rendered the divorce petition premature; appeal dismissed.
* Family law – Divorce – Requirement under section 101 Law of Marriage Act for referral to Conciliation Board and certificate of failed reconciliation; * Evidence – Admissibility and credibility of Conciliation Board chairperson’s testimony concerning existence/authenticity of Form No. 3; * Procedure – Prematurity of petition filed without genuine Conciliation Board certificate; * Appeal – Appellate court upholds trial court’s factual evaluation and dismissal.
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25 September 2019 |
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Conviction upheld where credible eyewitness testimony and medical evidence corroborated the offence despite omitted witnesses.
* Evidence Act, s143 – no fixed number of witnesses; conviction may rest on single or few credible eyewitnesses. * Evidence Act, s127 – competence of a witness with mental impairment; no medical certificate required; court determines capacity. * Corroboration – medical evidence (PF3, doctor’s testimony) can corroborate eyewitness accounts in sexual/unnatural offence cases. * Failure to call a witness – adverse inference only where absent witness is uniquely positioned and no other identical evidence exists.
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25 September 2019 |
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25 September 2019 |
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Short delay in filing defence held not fatal; court applied the Overriding Objective and ordered substantive hearing to proceed.
Civil procedure – Written Statement of Defence – 21-day period under Order V Cap. 33 – service date – whether defence time‑barred; Overriding Objective (Written Laws (Misc. Amendment) No.3 of 2018) – discretion to allow short delay and proceed to substantive hearing; costs awarded.
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24 September 2019 |
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Application for extension and leave to appeal dismissed for inordinate unexplained delay and unspecified points of law.
* Civil procedure – extension of time – applicant must account for each day of delay; unexplained or inordinate delay warrants refusal. * Appeal – leave and certificate on point of law – points to be certified must be specifically identified; leave/certification inappropriate where none specified or where relief is improperly combined. * Probate/family law – status of children born out of wedlock not a sufficient ground for third appeal certification absent specified legal point.
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24 September 2019 |
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Leave to appeal to the Court of Appeal granted with respondents' consent; no order as to costs.
Civil procedure – Leave to appeal – Application for leave to appeal to the Court of Appeal – Respondents’ consent to appeal – Court’s discretion to grant leave – Costs: no order as to costs.
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24 September 2019 |
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Appellant's conviction quashed due to unreliable visual identification and a cautioned statement obtained under torture.
* Criminal law – Visual identification – requirements: description of light source/intensity, distance, duration and detailed physical features for safe ID (Waziri Amani guidance).
* Criminal procedure – Cautioned statements – voluntariness and non-compulsion: statements allegedly obtained by torture are inadmissible; statutory safeguards under Criminal Procedure Act and Evidence Act must be observed.
* Standard of proof – prosecution must prove guilt beyond reasonable doubt; unreliable ID and inadmissible confession render conviction unsafe.
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23 September 2019 |
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Court upheld trial court’s asset division and custody orders as supported by evidence and proper application of law.
Matrimonial property – division of assets – application of section 114(2) Law of Marriage Act – considerations of monetary and non‑monetary contributions; Matrimonial property – proof of gift versus family asset – vehicle registered in spouse’s name; Custody of children – welfare of the child paramount – section 125(2) Law of Marriage Act and section 26(1)(b) Law of the Child; Evaluation of evidence – appellate interference only where trial court misapplied law or ignored material facts.
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23 September 2019 |
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Witness identification by recognition upheld; failure to tender weapon or police witness not fatal to prosecution.
* Criminal law – Armed robbery – proof beyond reasonable doubt – victim and corroborative eyewitness testimony; identification by recognition in daytime incidents. * Evidence – non-production of weapon not fatal where witnesses saw it and it was unavailable. * Evidence – omission to call investigating officers or property owner not fatal if key witnesses gave direct evidence. * Procedure – improper admission of detention register; register expunged but conviction upheld.
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23 September 2019 |
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Conviction based on unsworn and uncorroborated child evidence in a sexual offence is unsafe; conviction quashed and release ordered.
* Criminal law – Sexual offences involving a child – Requirement for caution and corroboration when relying on a child complainant's evidence.
* Evidence – Child witnesses and voir dire – effect of irregular or omitted voir dire; Misc. Amendments No. 2 of 2016 altering oath/voir dire requirement.
* Evidence – Medical evidence (PF3) and delays in examination – impact on prosecution proof.
* Criminal procedure – Appellate interference where conviction rests on uncorroborated, unsworn or contradictory evidence.
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23 September 2019 |
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Application for status quo injunction rejected as conflicting with prior Commercial Division order (res judicata).
Interim injunction – status quo – res judicata – concurrent jurisdiction of High Court registries – mortgage and receivership orders – prohibition on conflicting orders – remedies: appeal, review, objection proceedings.
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23 September 2019 |
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Whether amendment to correctly identify parties and trading-name capacity cured procedural defects and a contract existed between the parties.
Civil procedure – amendment of plaint to correct party description; capacity to sue under a trading/business name; pleadings competency; contract formation – offer, acceptance and consideration; appellate review of factual findings and weight of evidence.
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23 September 2019 |
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Court reallocated matrimonial property shares after finding the appellant’s contributions were undervalued and quashed the fixed monetary award.
* Matrimonial property – division under section 14 Law of Marriage Cap.29 – assessment of monetary and non‑monetary contributions. * Proof of contribution – requirement of evidence for improvements to pre‑marital property. * Quashing of arbitrary monetary award and ordering proportionate division (30%–70%) determined by government valuation. * Costs – each party to bear own costs.
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23 September 2019 |
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Public-interest challenge to Attorney General's appointment struck out for improper impleading and lack of cause of action.
Public interest litigation — competence and cause of action — proper impleading of public officers — article 26(2) and article 30(3) Constitution — Basic Rights and Duties Enforcement Act compliance — presidential immunity and statutory notice — affidavit content and verification — frivolous and vexatious petitions.
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20 September 2019 |
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Court granted leave to defend a summary commercial suit due to triable issues about misrepresentation, payment and frozen account.
Commercial law – summary procedure – Order XXXV Rule 3(1)(b) CPC – leave to defend – triable issues; affidavit evidence – burden to produce counter-evidence; mortgage/loan discharge; frozen account allegations.
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20 September 2019 |
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The appellant's challenge to convictions for illegal electricity connection, personation and fraud was dismissed for sufficient evidence.
Criminal law — Fraudulent appropriation of power; Malicious damage; Personation of public officer; Obtaining money by false pretence — Sufficiency and credibility of witness evidence; Procedural fairness — requirement for points of determination and reasons; Appeal — safety of conviction despite defects in trial judgment.
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20 September 2019 |
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Appeal struck out for being time-barred where no application for extension of time was made after delay obtaining judgment copies.
Limitation of actions – computation of time for appeal – exclusion of period to obtain judgment under section 19(2) Law of Limitation Act – requirement to apply for extension under section 14(1) when appeal is out of time – Written Laws (Miscellaneous Amendments) Act No.8 of 2018 not a basis to circumvent mandatory procedural time limits – appeal struck out as time-barred.
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20 September 2019 |
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An omitted counterclaim relief in a decree renders the decree invalid; appeal struck out and decree set aside.
Civil procedure – counterclaim – requirement to frame issues – omission not fatal unless it causes denial of opportunity or failure of justice; Decree – must reflect reliefs in counterclaim – omission renders decree invalid (Order XX r6(1)); Revisional jurisdiction – High Court may set aside invalid decree and order trial court to issue valid decree (s.44(1) Magistrates' Courts Act); Evidence – counterclaim dismissed for lack of proof.
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20 September 2019 |
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Res sub judice inapplicable where causes of action differ; font non‑compliance is a procedural defect to be waived for substantial justice.
* Civil procedure – res sub judice – requirements: same parties, competent court, and matter directly and substantially the same.* Commercial procedure – summary mortgage proceedings distinct from tortious claims; res sub judice not triggered by mere factual overlap.* Pleadings – non‑compliance with procedural/formal rules (Rule 19(1) font) is a procedural defect; court may waive to secure substantial justice.
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20 September 2019 |
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Abandoned child found available for adoption; petitioners deemed suitable and adoption granted in child's best interests.
* Family law – Adoption – Availability for adoption where child abandoned and parents cannot be traced – Parental consent dispensed with under section 57(1).
* Adoption suitability – Petitioners’ fitness assessed (age, nationality, income, accommodation, foster care history) under Part VI of the Law of the Child Act.
* Procedure – Appointment of guardian ad litem and social investigation report considered.
* Relief – Adoption order granted; Registrar General directed to register adoption and new name (ss. 69, 70).
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20 September 2019 |