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Citation
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Judgment date
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| November 2020 |
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Appellate tribunal erred by differing with assessors without reasons and misapplying law on pledged land sale.
Land law – pledge/pawn of land as security – sale of pawned property under s.128(1) Law of Contract; Civil procedure – appellate review – requirement for chairman to give reasons when differing from assessors under s.24 Land Disputes Courts Act; Evidence – possession, transfer instruments and estoppel.
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30 November 2020 |
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Failure to specify the disputed land’s description renders the appeal incompetent and warrants quashing the lower tribunals' proceedings.
Land law – requirement to identify disputed land by location, size, neighbours and value – Regulation 3(2)(b) GN. No. 174 of 2003 – failure renders proceedings/appeal incompetent. Evidence – evaluation of ownership claims and sale agreements – contradictory testimony and absence of tendered sale document insufficient to cure deficiency. Procedure – quashing of tribunal proceedings where statutory particulars are lacking; permission to file fresh suit after curing defects.
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30 November 2020 |
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30 November 2020 |
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Applicant failed to prove lease renewal or payments; continued occupation treated as trespass and compensation awarded to respondent.
Land law – tenancy and expiry of written lease; burden to prove oral extension or automatic renewal; admissibility and locus of power-of-attorney witness; remedy for post-expiry occupation – compensation for denial of use (trespass).
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30 November 2020 |
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Applicant’s dismissal quashed for breach of natural justice and excess of jurisdiction in disciplinary proceedings.
Judicial review – certiorari and mandamus – Police disciplinary procedure – excess of jurisdiction by Commission – natural justice – use of undisclosed documentary evidence vitiating tribunal’s decision.
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30 November 2020 |
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Appellate court wrongly excluded the applicant from a valid collective security contract; trial court judgment reinstated.
Contract law – collective security contract – validity and parties – application of section 10 and section 13 of the Law of Contract Act; Evidence – appellate re-assessment of trial court findings – requirement to give reasons when departing from trial court credibility findings; Civil procedure – quashing appellate decision and reinstating trial court judgment.
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30 November 2020 |
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Discontinuation quashed for breach of natural justice; court refused to compel award of diploma.
Judicial review – certiorari and mandamus – scope and limits of prerogative orders; Administrative law – natural justice – audi alteram partem, need for adequate notice of charges and reasonable time to prepare a defence; Academic discipline – institutional autonomy in disciplinary processes and awarding of academic credentials; Alternative remedies – availability/exhaustion of appeal as bar to judicial review; Scope of review – procedural impropriety not merits of evidence.
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30 November 2020 |
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Respondent proved ownership; sale by sibling invalid; appeal dismissed and lower tribunals upheld.
Land law – ownership dispute – whether claimant proved title on balance of probabilities – sale void ab initio where vendor lacks title – non-joinder of party not fatal (Order 1 Rule 9 CPC) – adverse possession/limitation not established.
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30 November 2020 |
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Applicant failed to account for each day of delay and lacked proof, so extension of time to appeal was refused with costs.
Land procedure – Extension of time under section 41(2) LDCA – Applicant must account for each day of delay – Absence of proof for reasons of delay – Afterthought where application follows execution proceedings – Dismissal with costs.
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30 November 2020 |
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Court held the applicants’ issues were factual not legal, refused certification, and dismissed the application with costs.
Appellate procedure – Certificate of point of law – Whether issues are questions of law or facts – Certifiability under s.5(2)(c) Appellate Jurisdiction Act and s.95 Civil Procedure Code; Probate/revision – ownership dispute and locus standi – premature recourse to revision and requirement to exhaust remedies (objection proceedings).
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30 November 2020 |
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Failure to produce a written contract and to prove/consult on retrenchment made the termination unfair; CMA award upheld.
Labour law – Employment contracts – Employer’s duty to provide written particulars (s15) and burden of proof (s15(6)); Retrenchment – validity of operational requirements and consultation procedures (s37, s38); Unfair termination – remedies under s40(1)(c).
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30 November 2020 |
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Failure to record a child’s statutory promise to tell the truth rendered the evidence inadmissible and conviction unsafe.
Evidence — Child witness — Section 127(2) Evidence Act (as amended) — Mandatory prior promise to tell the truth by a child of tender age — promise must be recorded; failure renders evidence improperly admitted and conviction unsafe — retrial ordered.
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30 November 2020 |
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Application to file and register an arbitral award under section 12(2) granted; award registered as a court decree.
Arbitration Act s.12(2) – filing/registration of arbitral award – Final award declared as Court decree; enforcement and apportionment of liabilities; performance bond enforcement; assessment of damages and costs.
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30 November 2020 |
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Primary court may appoint an administrator, but cannot usurp the administrator's role or adjudicate title shown by prior Offer of Right of Occupancy.
Probate law – appointment of administrators; Offer of Right of Occupancy as evidence of proprietary title; limits of primary courts' powers in administering and distributing estates; invalidity of court-attested private distribution agreements; revisional jurisdiction and limits on making orders outside the subject estate.
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30 November 2020 |
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Revision dismissed where applicant failed to prove filing of written submissions and defaulted under a binding deed of settlement.
Procedure — hearing by written submissions — failure to file per scheduling order amounts to non‑appearance; Review vs Revision — missing filings should be pursued by review with proof from court records; Civil enforcement — deed of settlement binds parties like a decree; Equity — defaulting party cannot seek relief; Evidence — filing of documents must be proved by appropriate record evidence.
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30 November 2020 |
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Applicants charged with bailable offences were granted bail on conditions after an unopposed application.
Criminal law – Bail – constitutional right to bail – applicants charged with bailable offences – unopposed bail application and respondent's lack of objection – grant of bail with conditions including bail bond, surety requirements, travel restrictions and custody of travel documents.
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30 November 2020 |
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Extension of time application struck out because jurisdiction lies with the subordinate court exercising extended jurisdiction.
Appellate Jurisdiction Act s.11(1) — extension of time to give notice of intention to appeal; jurisdictional allocation where subordinate court exercises extended jurisdiction; forum for extension applications.
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30 November 2020 |
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Domestic contributions entitle a spouse to property acquired or improved during marriage, not to property acquired before marriage.
Matrimonial property — section 114 Law of Marriage Act — contribution by domestic work and employment; Property acquired before marriage — not matrimonial property between subsequent spouses; Polygamy — prior spouse’s contributions considered but do not negate later spouse’s statutory rights; Contractual restriction on disposal — does not extinguish spouse’s statutory interest.
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30 November 2020 |
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Applicant failed to account for each day of delay; insufficient cause for extension of time, application dismissed.
Extension of time – discretionary relief – requirement to show sufficient cause – applicant must account for each day of delay – relevance and sufficiency of medical evidence – authorities: Lyamuya and Bushiri.
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30 November 2020 |
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Respondent proved ownership by sale agreement; appellant’s late objections and failure to cross‑examine rendered them untenable.
Land law – proof of ownership by sale agreement; Evidence – burden of proof, weight and credibility of evidence, failure to object or cross‑examine implies acceptance; appellate review – afterthought issues not entertained on appeal.
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30 November 2020 |
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Late retrieval of trial evidence did not constitute good cause; technical delay excused but overall extension refused.
Civil procedure – enlargement of time – section 11(1) AJA and Rule 83(2) CA Rules – good cause: accounting for delay, inordinate delay, diligence – late retrieval of evidence not sufficient – technical delay excusable where earlier appeal/application proved incompetent.
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30 November 2020 |
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Applicant voluntarily resigned; court finds no unfair dismissal, no entitlement to claimed arrears or termination benefits.
Employment law – unfair termination and constructive dismissal – voluntary resignation versus forced resignation; burden of proof on employer. Labour procedure – review of CMA award – adequacy of hearing and consideration of evidence. Remuneration disputes – salary-scale discrepancies claimed as afterthoughts and requirements for timely complaint. Political activity of public servants – effect of Standing Orders on leadership roles and disciplinary measures. Remedies – entitlement to terminal benefits and allowances contingent on finding of unfair dismissal.
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30 November 2020 |
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Court dismissed arrest application; corporate veil not pierced without proof of fraud or deliberate evasion.
Civil execution — arrest and detention as execution; lifting corporate veil — exceptional remedy requiring proof of fraud/dishonesty; separate corporate personality; burden of proof for piercing veil; last-resort nature of civil imprisonment.
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30 November 2020 |
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Occupational possession and council acknowledgements did not establish legal title; adverse possession cannot run against government, suit dismissed.
Land law – ownership dispute over municipal-allocated plots; survey and allocation by local authority; adverse possession not available against government; acknowledgements by authority not constituting offer or title.
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30 November 2020 |
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Compensation quashed where unsigned valuation for mature trees failed to prove value of two-month-old seedlings and preparer was not called.
Criminal law – malicious damage to property; compensation for destroyed trees – proof of value; admissibility of valuation document; requirement to call preparer/expert witness; application of Magistrates' Courts Act s.29(c).
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27 November 2020 |
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A suit against a person without legal interest nullifies proceedings; res judicata requires production of prior judgment.
Land law – res judicata requires production of prior tribunal/court judgment before plea can succeed; res judicata not to be raised first on appeal. Locus standi – plaintiff/defendant must have legal interest in disputed land; suing wrong party vitiates proceedings and leads to nullification. Procedural jurisdictional defects take precedence over factual credibility disputes.
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27 November 2020 |
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27 November 2020 |
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Conviction quashed where prosecution failed to call a material witness, tender a receipt, and a caution statement was not read aloud.
Criminal law – possession of suspected stolen property – section 312(1)(b) Penal Code; Evidence – failure to call material witness and failure to tender documentary proof; Caution statements – requirement to read admitted exhibit aloud; Burden of proof – prosecution’s duty to produce key witnesses despite statutory reverse on accused.
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27 November 2020 |
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Conviction quashed where identification, chain of custody and seizure/disposal procedures for perishable trophy exhibits were defective.
Wildlife offences – identification of government trophies; chain of custody – seizure, transfer, custody and disposal of perishable exhibits; non‑compliance with s.38 Criminal Procedure Act; PGO para 25 – disposal in presence of accused and photographing exhibits; defective exhibits expunged; conviction unsafe.
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27 November 2020 |
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Appeal dismissed: time-bar and minor witness inconsistencies insufficient to overturn tribunal’s land-ownership finding.
Land law – limitation/time bar – concurrent occupation does not automatically defeat a limitation defence; Evidence – evaluation of witness credibility and minor inconsistencies; Appellate review – minor contradictions not going to root insufficient to overturn tribunal findings.
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27 November 2020 |
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High Court found jurisdiction despite cooperative dispute mechanisms and ordered apportionment of guarantor liability; appeal partly allowed.
Cooperative societies — internal dispute resolution versus court jurisdiction; Registrar's role; guarantor liability; recovery from guarantors; apportionment of securities and seized goods.
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27 November 2020 |
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High Court lacks jurisdiction to certify or extend time for appeals from courts exercising extended jurisdiction.
Land Disputes Courts Act s.47(2) – certification of point of law – jurisdictional limits when impugned decision from subordinate court exercising extended jurisdiction; Extended jurisdiction – appeals from subordinate courts with extended jurisdiction lie directly to the Court of Appeal; High Court – no power to grant extension of time or certify points of law in matters originating from courts exercising extended jurisdiction.
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27 November 2020 |
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Second appeal dismissed: concurrent factual findings on land ownership and size upheld; no misapprehension of evidence or legal error found.
Land law – dispute over size and ownership of rural plot – burden of proof for alleged purchase and plot dimensions; Appellate review – concurrent findings of fact by lower tribunals will not be disturbed absent misapprehension of evidence or breach of law; Evidence – credibility and weight of oral testimony versus absence of written title; Procedural – points not argued before a lower tribunal cannot be raised to fault that tribunal on appeal.
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27 November 2020 |
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Applicant failed to show illegality or sufficient reasons for extension of time; appeal dismissed with costs.
Land – Extension of time to appeal – Allegation of illegality as ground for extension – Attendance at initial hearing and subsequent voluntary absence – Duty to account for delay – Ward tribunal proceedings and service of summons.
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27 November 2020 |
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Appellant who sues must prove title and implead necessary parties; customary occupancy equals granted title, appeal dismissed.
Land law – boundary disputes – surveyed/granted rights versus customary (deemed) rights of occupancy; burden of proof and admissibility/weight of lay evidence; necessity to implead government surveying/land authorities; appellate deference to Tribunal findings and locus in quo visits; s.45 Land Disputes Courts Act.
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27 November 2020 |
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Court dismissed revision; termination procedurally unfair for denying the respondent a hearing, CMA award upheld.
Labour law – unfair termination – procedural fairness – right to be heard (audi alteram partem) under Rule 13 Code of Good Practice; failure to produce primary/original evidence; revision of CMA award; upholding CMA award.
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27 November 2020 |
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Applicant failed to prove ownership; court found respondents’ evidence credible and the sale lawful.
Land dispute – Village land allocation during Ujamaa (Operation Vijiji) – succession and customary title – burden of proof on balance of probabilities – credibility of witnesses – sale lawful; absence of probate/letters of administration undermining estate claim.
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27 November 2020 |
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High Court quashed DLHT proceedings for denying applicant hearing and improperly transferring an undetermined ward tribunal file.
Land law — Revision under s.43 Cap.216 — Jurisdiction despite availability of appeal; Limitation Act inapplicable to Ward Tribunal-origin matters; Natural justice—right to be heard—breach renders proceedings null; Improper adducing of evidence in submissions—annexture expunged; File transfer/call of record — revision, not appeal, where ward tribunal had not determined rights.
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27 November 2020 |
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Failure to require, record or read assessors' opinions at DLHT vitiates proceedings and renders the judgment a nullity.
Land law – appellate procedure before DLHT – requirement that assessors give opinions in court and such opinions be recorded and read out at conclusion of hearing (s.23 LADCA and Reg.19(2) GN. No.174/2003). Evidence/procedure – absence of an assessor for part of proceedings means no full participation; written opinion off-record does not satisfy legal requirement. Procedural fairness – failure to obtain recorded assessor opinions goes to the root of the trial and renders judgment a nullity. Remedy – quashing of DLHT proceedings and judgment and ordering rehearing before a different chairman and assessors.
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27 November 2020 |
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The applicant failed to prove slander and relied on his own evidence and a prior judgment, so the claim was dismissed.
Defamation (slander) — elements required: publication to a third party and proof of loss of reputation; witness must show change in estimation of the defamed person. Res judicata/forum appropriate — complaints about judgment of a lower court must be pursued by appeal, not via a new civil suit re-litigating the same issues. Evidentiary weight — party’s own documentary and testimonial evidence can establish facts adverse to that party (e.g., indebtedness), undermining defamation claims.
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27 November 2020 |
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Tribunal lawfully considered assessors’ opinion and evidence; the applicant’s ownership appeal is dismissed with costs.
Land law – Ownership disputes – Evidence assessment and locus – Trial chairman's duty to take into account assessors' opinion (s.24 Land Disputes Courts Act) – No obligation to summon witnesses suo motu – Sale nullified where seller lacked title.
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27 November 2020 |
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Magistrates' courts lack jurisdiction to determine land ownership; land courts must decide before enforcing attachments.
Land law – jurisdiction – primary and district (magistrates') courts lack jurisdiction to determine land ownership; exclusive land jurisdiction vested in Land Division, District Land and Housing Tribunals, Ward Tribunals and Village Land Councils (Land Act s.167). Land Disputes Courts Act s.4(1) – prohibition on magistrates' civil jurisdiction under the Land Act. Enforcement of matrimonial division orders – attachment of land/property cannot proceed until land ownership is determined by a competent land court. Probate/administration – administrators must first obtain land ownership determination in proper land court before treating property as estate asset.
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27 November 2020 |
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Stay of execution refused because the applicant failed to furnish required security despite prompt application and risk of loss.
Civil procedure — Stay of execution — Order XXXIX r.5(3) CPC — Conditions: substantial loss, no unreasonable delay, security/firm undertaking — Financial capacity does not exempt requirement.
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27 November 2020 |
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Interim injunction refused where alleged loss was compensable by damages, failing the cumulative Atilio test.
Civil procedure – Interim injunction – Application considered under Atilio v Mbowe threefold test (prima facie case; irreparable injury; balance of convenience) – Conditions are cumulative. Interim relief – Irreparable loss – Loss compensable by monetary damages does not qualify as irreparable where claim for compensation exists. Land disputes – Allegation of road reserve/trespass – entitlement to compensation and interim protection considered.
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27 November 2020 |
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Advocates' caveats in Primary Court are invalid; probate petitions may avoid time‑bar if related proceedings exclude the delay.
Probate and administration – Primary Courts – advocates are not permitted to appear or file documents in Primary Courts – caveats filed by advocates are invalid. Limitation – Probate petitions in Primary Courts governed by GN.311/1964 – no fixed filing period; delay is assessed on facts. Law of Limitation Act s.22(1) – exclusion of days when related proceedings are pending may prevent a petition being time‑barred. Family meetings – subsequent family meetings may validly appoint new administrators. Procedural fairness – a trial court must not determine objections founded on incompetent filings.
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27 November 2020 |
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Unsigned assessors' opinions and procedural misclassification rendered the Primary Court judgment void; matter remitted for retrial.
Matrimonial property division – application of section 114 Law of Marriage Act – need to assess extent of parties' contributions. Primary Court procedure – role of assessors – assessors must participate and sign the judgment; unsigned opinions may render judgment null. Appeal classification – matrimonial appeal must be properly instituted; misclassification may prejudice justice. Revisional powers – quashing and remitting where there is procedural illegality.
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27 November 2020 |
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Extension of time was refused where the applicant sought the wrong remedy and failed to prove advocate’s negligence as sufficient cause.
Appeals and procedure – Extension of time under s.11(1) AJA – Proper relief where matter originates from Ward Tribunal (certificate of point of law, not leave to appeal) – Requirement to show sufficient cause – Negligence or oversight by advocate without proof insufficient – Judicial discretion in extending time.
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27 November 2020 |
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Six plaintiffs proved pre-1967 ownership and are entitled to resettlement or market-value compensation before demolition.
Roads law – GN 161 of 1967 (Highways (Width of Highways) Rules) – effect of declaring road reserve and entitlements of persons in occupation prior to declaration.* Compensation – eligibility where private land is included in statutory road reserve – obligation to compensate under Highways Act / Roads Act.* Evidence – burden to prove prior ownership or lawful occupation; insufficiency of plaint and uncorroborated valuation report.* Remedies – resettlement or market-value compensation prior to demolition.
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27 November 2020 |
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Whether contractor’s additional claims under BOQ and alleged oral variations were proved and payable by the respondent.
Contract/construction – BOQ interpretation – liability for earthworks and site works when BOQ and project financing allocate community obligations. Evidence – burden of proof on balance of probabilities; oral agreement unproven absent witnesses or documentary support. Pleadings – relief not pleaded at trial (general damages) cannot be introduced or awarded on appeal.
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27 November 2020 |
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Misnaming a chamber application is a minor defect; an affidavit containing arguments renders the application incompetent.
Criminal procedure – preliminary objection – incorrect citation of chamber application – minor procedural defect curable by overriding objective principles. Civil procedure – affidavits – must contain facts, not arguments or conclusions; defective affidavits may be struck out. Overriding objective – court may disregard mere technicalities that do not go to the root of the case.
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27 November 2020 |