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Citation
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Judgment date
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| October 2020 |
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Proceedings vitiated by failure to show Ward Tribunal quorum, to establish pecuniary jurisdiction, and appellate suo motu ruling without hearing parties.
Land law; Ward Tribunal composition and quorum – compliance with section 11 LDCA; Pecuniary jurisdiction of Ward Tribunal – section 15 LDCA and value threshold; Appellate tribunal raising limitation suo motu – duty to hear parties and read assessors' opinions (section 23 LDCA; regulation 19); Right to be heard – article 12(6)(a) Constitution; Revisional powers under section 43 LDCA; Proceedings vitiated and judgments quashed.
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30 October 2020 |
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Ward Tribunal proceedings nullified for failure to show proper composition and to establish pecuniary jurisdiction; judgments quashed.
Land law – Ward Tribunal jurisdiction – pecuniary jurisdiction requires value of disputed land to be stated in complaint/evidence (s.15 LDCA). Civil procedure – constitution of tribunal – members present and procedure at locus in quo must be recorded; failure vitiates proceedings. Revisional powers – High Court may quash proceedings where jurisdictional and procedural irregularities occasion miscarriage of justice (s.43 LDCA).
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30 October 2020 |
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Proceedings quashed for failure to record locus in quo and to disclose pecuniary jurisdiction, enabling fresh suit subject to limitation.
Land procedure — Ward Tribunal composition and quorum; locus in quo — visit must be recorded (date, members, parties, findings); pecuniary jurisdiction — value of land must be stated; procedural irregularities vitiate proceedings; revisional powers to nullify and quash judgments.
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30 October 2020 |
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Where claim and relief arise from interest in land, magistrates’ courts lack jurisdiction and proceedings are null.
Land law – jurisdiction – Whether a suit arising from notice to sell mortgaged land is a land dispute; Magistrates’ courts lack civil jurisdiction over land matters (Land Act s167; LDCA s3–4); Test for land matter: pleaded facts and reliefs; Preliminary objection and estoppel; Nullity of proceedings for lack of jurisdiction; High Court’s revisionary powers (Magistrates' Courts Act s44(1)(b)).
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30 October 2020 |
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Appellant’s conviction for unnatural offence upheld: credible victim testimony and medical evidence proved the offence beyond reasonable doubt.
Criminal law – Unnatural offence – Whether prosecution proved the offence beyond reasonable doubt – Victim testimony and corroborative witness evidence. Medical evidence – Clinical officer’s findings (bruises, blood, live sperms) and admissibility/weight absent DNA matching. Evidence – Credibility assessment and corroboration; lack of direct eyewitness does not necessarily defeat conviction. Procedure – Alleged incomplete citation of statute not shown to vitiate trial.
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30 October 2020 |
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Appeal struck out as time-barred; omission of a party in the judgment was a curable clerical error.
Civil procedure – appeal period from Resident Magistrate’s Court to High Court – ninety days under Law of Limitation Act – exclusion for time to obtain judgment/decree (s.19(2)) – requirement to apply promptly (within 30 days) for copies – curable clerical error in omission of party (s.73 Civil Procedure Code) – appeal struck out for being filed out of time.
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30 October 2020 |
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An appellate court’s suo motu jurisdictional finding decided without hearing parties breached natural justice and was quashed.
Civil procedure – appellate jurisdiction – raising jurisdictional issues suo motu – parties’ right to be heard – breach of natural justice renders judgment a nullity; remittal for rehearing.
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30 October 2020 |
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30 October 2020 |
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A tribunal's failure to evaluate evidence led to setting aside its decision and ordering estate division among the deceased's heirs.
Land law – inheritance and division of deceased's estate; burden of proof in civil claims; requirement to evaluate and give reasons for evidence; adverse possession not established.
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30 October 2020 |
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30 October 2020 |
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30 October 2020 |
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Application for extension and leave to appeal dismissed due to procedural defects, missing attachments and abuse of process.
Land law – application for extension of time and leave to appeal – preliminary objections – res judicata where earlier application was withdrawn – effect of withdrawal. Civil procedure – form v. substance – incorrect court title is a curable formal defect; amendment allowed. Civil procedure – failure to attach or cite originating decisions and failure to disclose grounds of appeal renders application incompetent. Abuse of court process and finality – repeated refiling may justify dismissal and costs.
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30 October 2020 |
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30 October 2020 |
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Failure to involve assessors as required renders the tribunal's judgment a nullity and warrants remittal for retrial.
Land Disputes Courts Act s.23 and Reg.19(2) – mandatory assessors' presence and written opinions; Failure to invite or record assessors' opinions renders DLHT proceedings and judgment a nullity; High Court revisionary powers (ss.42–43) may be exercised suo motu to correct material irregularities; Retrial/hearing de novo ordered where interests of justice require; No order as to costs.
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30 October 2020 |
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Extension granted where delay awaiting judgment copies and an apparent denial of hearing amounted to sufficient cause.
Extension of time to appeal; Law of Limitation Act s14(1) and s19(2); delay in supply of judgment/decree; illegality apparent on face of record (denial of right to be heard); sufficient cause; judicial discretion.
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30 October 2020 |
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Appellate court quashed tribunal’s ownership declaration and execution nullification for lack of jurisdiction, evidence and denial of hearing.
Land law – execution and objection proceedings – limits of objection proceedings; Civil procedure – competence and functus officio – effect of prior recorded deed of settlement; Limitation – time‑bar question in objection applications; Constitutional/procedural rights – audi alteram partem/right to be heard; Relief – nullity of judgment for lack of jurisdiction, lack of evidence, and denial of hearing; Remedy – quashing of tribunal decision and restoration of settlement.
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30 October 2020 |
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Appeal dismissed; prosecution failed to prove unnatural offence beyond reasonable doubt due to inconsistent and hearsay evidence.
Criminal law – Sexual offences – Credibility of child complainant – Hearsay and non‑appearance of primary informants – Material variances and section 234 CPA – Proof beyond reasonable doubt.
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30 October 2020 |
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Conviction quashed where seizure certificate and repudiated cautioned statements were expunged, leaving insufficient evidence.
Evidence — Seizure certificate — admissibility where witness fails to describe search or establish possession; Cautioned statements — repudiation requires inquiry into voluntariness before admission; Conviction unsafe where key exhibits are expunged.
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30 October 2020 |
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Extension of time refused where applicants failed to account for delay and prove trial court's delay supplying documents.
Extension of time – applications for enlargement of time – requirement to show good cause and to account for every day of delay; Law of Limitation Act – 90 days appeal period; failure to produce evidence of request for copies; certification of copies by private advocate; authorities on delay (Bushiri).
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30 October 2020 |
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Applicant's certificate application improperly grounded and time-barred, therefore dismissed with costs.
Civil procedure – competence – Wrong citation of enabling provision under statute renders application incompetent; not a mere technicality. Land Disputes Courts Act (as amended 2018) – Section 47(3) governs certificates on points of law originating from Ward Tribunals; section 47(2) does not. Limitation – Section 19(2) Law of Limitation Act excludes time to obtain decree only for appeals, leave to appeal, and review; does not apply to certificate applications to the High Court for purposes of Court of Appeal matters. Preliminary objections – Wrong legal foundation and time-bar are fatal and warrant dismissal with costs.
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30 October 2020 |
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An appeal period is computed from certification date of judgment; waiting time for copies is excluded, so the appeal was within time.
Civil procedure – Limitation of appeals – Section 20(3) Magistrates’ Courts Act read with section 19(2) Law of Limitation Act – Waiting time for certified copies excluded from computation; time runs from date of certification.
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30 October 2020 |
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A contested probate must be converted into a civil suit to regulate pleadings and hearing directions.
Probate procedure – Contentious probate – Where caveators enter appearance the proceedings must be numbered and listed as a civil suit under Rule 82(6) – Registrar to secure judicial directions as to pleadings and hearing.
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30 October 2020 |
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Failure to account for delay after documents were certified and inaction do not justify extension of time to appeal.
Land procedure – extension of time to appeal; Law of Limitation Act s.19 – exclusion of time while pursuing documents but not after certification; requirement to account for each day of delay; negligence/inaction not sufficient cause; alleged illegalities as grounds of appeal (not exceptional).
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30 October 2020 |
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Applicant failed to justify a 22‑day delay; enlargement of time to appeal was refused with costs.
Civil procedure — Extension/enlargement of time — requirement to account for each day of delay; need to act expeditiously and in good faith; what constitutes sufficient/good cause — reliance on authorities (Bashiri Hassan; Sebastian Ndaula; Royal Insurance v. Kiwengwa; Oswald Masatu Mwizarubi).
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30 October 2020 |
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Appellate court upheld rape conviction: defective charge and improper PF3 tendering were not fatal; victim’s credible testimony sufficed.
Criminal procedure – defective charge – omission of statutory subsection – application of section 388 to cure non-prejudicial defects Evidence – proof of child’s age – Law of the Child s114(2), parental and medical evidence Evidence – exhibits must be tendered by identifying witness; wrongful tendering by prosecutor leads to expungement Procedure – reading of admitted exhibits not mandatory absent request Sexual offences – delayed reporting explained by fear does not necessarily impugn credibility; prosecutrix’s testimony can suffice if credible and corroborated
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30 October 2020 |
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Trial court erred by abandoning framed issues; only Tsh 2,430,000 proven, Tsh 10,000,000 award set aside.
Civil procedure – issues framed by parties – court’s duty to decide pleaded issues; amendment of issues only when necessary and justified; Evidence – special damages require strict proof; delivery notes without invoices/receipts insufficient; Causation – vaccination does not fully prevent Marek’s disease, expert evidence required to establish causation; Appeal – award set aside where unsupported by evidence.
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30 October 2020 |
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Extension of time refused where applicant failed to account for delay; layperson status is not a sufficient excuse.
Extension of time – application under Law of Limitation Act and Court of Appeal Rules – requirement to account for all delay – Lyamuya guidelines applied (account for delay; not inordinate; diligence; point of law) – being a layperson is not sufficient cause – dismissal with costs.
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30 October 2020 |
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Unexplained post-judgment delay and lay status do not justify extension of time; application dismissed with costs.
Civil procedure – extension of time – applicant must account for all period of delay; delay must not be inordinate; applicant must show diligence; existence of point of law or illegality may justify extension. Pleadings and technique – being a lay litigant does not excuse noncompliance with procedural timelines. Exercise of discretion – Court will refuse extensions where delay appears tactical or intended to frustrate execution.
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30 October 2020 |
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30 October 2020 |
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Appeal dismissed where victim’s testimony and DNA paternity evidence proved rape and impregnation of a schoolgirl.
Criminal law – Rape – proof beyond reasonable doubt – victim’s direct evidence as best evidence. Criminal law – Sexual intercourse with a minor/impregnating a schoolgirl – proof of age. Evidentiary law – DNA paternity evidence – collection, admissibility and probative value (99.99% probability).
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30 October 2020 |
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Court reallocates matrimonial assets, upholds gifts and pre‑marital ownership, and dismisses unproven maintenance claim.
Family law – matrimonial property – classification and division of assets; presumption as to gifts (s61 Law of Marriage Act); pre‑marital property (s58); burden of proof on identity and ownership (s112 Law of Evidence Act); valuation and right of first refusal on divided property.
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30 October 2020 |
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30 October 2020 |
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30 October 2020 |
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Whether, after nullifying proceedings, the court must order retrial or may make orders restoring parties' position.
Appellate Jurisdiction Act s.5(2)(c) — certification of point of law for appeals from Primary Court; nullity of proceedings — consequences and restoration of parties to pre-nullified position; retrial — discretionary remedy dependent on interests of justice; execution proceedings — return of attached property or payment.
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30 October 2020 |
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30 October 2020 |
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Appeal dismissed: court found jurisdiction proper, fair hearing given, unnotified alibi rejected, prosecution proved offences.
Criminal procedure – jurisdictional certificate for subordinate court; right to call witnesses and to be heard (s231 CPA); alibi notice and particulars (s194 CPA) – failure to file notice permits court to discount alibi; failure to cross-examine on crucial points may constitute admission; proof beyond reasonable doubt – seizure certificate and witness evidence as decisive.
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30 October 2020 |
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Newspaper substituted service was valid; applicant failed to show sufficient cause to set aside the ex parte judgment.
Civil procedure – setting aside ex parte decree (Order IX Rule 13) – substituted service by publication (Order V Rule 20) – sufficiency of newspaper publication as proof of service – requirement to show summons not duly served or sufficient cause for non-appearance – functus officio: court cannot overrule its earlier order.
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30 October 2020 |
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Newspaper substituted service was effective; applicant failed to show lack of service or sufficient cause, application dismissed.
Civil Procedure — setting aside ex parte decree — Order IX Rule 13(1); Substituted service — Order V Rule 20(1)-(2) — newspaper publication as effective service; Proof of service — admissibility of newspaper extracts; Functus officio — limits on reopening or overruling prior court orders.
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30 October 2020 |
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Buyer liable for unpaid purchase price under Sale of Goods Act despite invalidity of original credit sale agreement.
Sale of Goods Act s50 – recovery of price where property passed; validity of credit sale agreement – condition precedent and addendum; Letter of Undertaking vs guarantee; judgment on admission; pre-judgment and post-judgment interest; burden of proof in civil claims.
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30 October 2020 |
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Possession is trafficking under amended DCEA; heroin alleged at 647.7g bars grant of bail.
Criminal law – Bail – Trafficking in narcotic drugs – statutory definition of trafficking includes possession (s.2 DCEA) – weight thresholds (s.29 DCEA) bar bail for processed drugs ≥20g – Government Chemist report not required at bail stage – Zepherine Galeba and s.148(3) CPA inapplicable.
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30 October 2020 |
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Mixed economic/non-economic charges tried under wrong EOCA certificate and unsigned witness records rendered the trial null, prompting acquittal.
Criminal procedure – jurisdiction – EOCA s.12(3) v s.12(4) – mixed economic and non-economic charges require s.12(4) certificate; trial without proper certificate is nullity. Evidence – CPA s.210(1)(a) – magistrate’s signature on recorded witness evidence mandatory; omission is incurable and requires expungement. Remedy – where prosecution evidence is expunged and no credible evidence remains, retrial refused and acquittal ordered.
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30 October 2020 |
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Whether the respondent lawfully increased rent and re‑advertised leased farm contrary to the lease and notice provisions.
Contract law – Lease – clause for five‑year rent review – unilateral premature rent increases – breach; Termination clause – six months' notice – re‑advertisement of leased plot – breach; Agency/association – unsigned/unregistered association cannot bind individual lessees; Evidence – failure to produce ministerial/parliamentary documents; Remedies – declaratory relief, injunctions, arrears to be computed on last agreed rate, refusal of general damages for unproved loss; costs awarded to lessee.
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30 October 2020 |
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30 October 2020 |
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A subordinate court lacked jurisdiction to hear a bankruptcy suit against a specified public corporation absent High Court delegation or leave.
Public corporations – Specified public corporation – effect of declaration and appointment of receiver – applicability of Public Corporations Act s.43 and Bankruptcy Act.* Bankruptcy law – Exclusive jurisdiction of High Court over bankruptcy matters (Bankruptcy Act s.97) – requirement of leave to sue receiver (Bankruptcy Act s.9).* Civil procedure – jurisdictional objections may be raised at any stage – proceedings void for lack of jurisdiction – quashing and setting aside under Magistrates' Courts Act s.44(1)(b).
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30 October 2020 |
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Non-joinder of purported vendors in a land sale where a purchaser is likely prejudiced renders proceedings incurably void.
Land law – sale of land – non-joinder of purported vendors as necessary parties – Order 1 Rule 2 Civil Procedure Code – bona fide purchaser prejudiced – nullification of proceedings of DLHT.
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30 October 2020 |
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Delay awaiting judgment copies and an apparent denial of hearing justified an extension of time to appeal.
Extension of time – sufficient cause – delay in obtaining judgment copies excluded under s.19(2) Law of Limitation Act; illegality apparent on face of record (denial of hearing) – exercise of discretion to grant extension.
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30 October 2020 |
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Delay by the trial tribunal in supplying a copy of judgment justified a 21‑day extension to file an appeal.
Civil procedure – Extension of time – Delay in supplying copy of judgment by trial tribunal can constitute good cause for extension of time to appeal; unchallenged affidavit establishes cause; election processes do not excuse failure to comply with court process.
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30 October 2020 |
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A revision court will not fault a tribunal for not considering an illegality that was not raised or argued before it.
Labour law – condonation/extension of time – requirement to show sufficient cause; Illegality as exceptional ground for extension – must be raised and argued below; Revision limits – court will not fault tribunal on points not raised/argued/decided; Distinction between substantive complaints and illegality in condonation applications.
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30 October 2020 |
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Quashing a conviction does not establish lack of reasonable cause; plaintiff must prove all malicious-prosecution elements.
Malicious prosecution – elements required: prosecution by defendant; lack of reasonable and probable cause; malice; favourable termination of proceedings.* Reasonable and probable cause – honest belief in guilt based on reasonable grounds (Hicks v Faulkner definition).* Quashing of conviction on appeal does not automatically prove absence of reasonable and probable cause; burden remains on plaintiff to prove lack of probable cause and malice.* Bias/fair hearing complaints against presiding magistrate must be established to vitiate proceedings.
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30 October 2020 |
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30 October 2020 |