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Citation
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Judgment date
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| February 2020 |
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Appeal struck out for procedural defects (no drawn order); respondents may pursue merits after filing proper Written Statement of Defence.
Civil procedure – Appeal competence – Petition must be accompanied by a drawn order; procedural defects render appeal liable to be struck out. Struck-out appeal does not preclude parties returning to trial court to file proper Written Statement of Defence. Costs awarded for improperly prosecuted appeal.
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28 February 2020 |
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Plaint rejected as it failed to disclose cause of action against the misnamed 2nd Defendant due to fatal misdescription.
Civil procedure – Plaint must disclose cause of action – Correct identification of parties – Misnomer between distinct entities (Editor Mwananchi v Editor Mwanaspoti) is fatal – Order VII Rule 11(a) CPC – Amendment vs rejection of plaint.
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28 February 2020 |
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A material misnaming of the defendant’s editorial role rendered the plaint devoid of a cause of action and therefore rejected.
Civil procedure – Cause of action – Plaint must disclose essential facts giving rise to claim; Misnaming/misdescription of parties – distinction between harmless typographical error and fatal misjoinder; Order VII CPC – rejection of plaint for failure to disclose cause of action; Defamation pleadings – necessity of correctly identifying the responsible publisher/editor.
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28 February 2020 |
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Court granted extension and restored dismissed land application, finding poverty and lack of legal representation sufficient cause.
Extension of time – discretionary relief – requires good and sufficient cause; each day of delay to be accounted for. Restoration of dismissed proceedings – proper exercise of discretion where delay caused by poverty, lay litigant status and pursuit of wrong forum. Ignorance of law generally not sufficient cause, but poverty and lack of representation may be considered. Appellate review of tribunal’s dismissal for want of prosecution where procedural fairness and reasons were insufficient.
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28 February 2020 |
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Applicant’s long unexplained delay and insufficient medical evidence failed to justify condonation; CMA decision confirmed.
Labour law – condonation of delay – requirement to account for every day of delay – medical incapacity alleged – insufficiency and inconsistency of medical evidence – employer’s alleged failure to notify employee of referral rights not a sufficient cause – CMA discretionary decision to deny condonation upheld.
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28 February 2020 |
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Prolonged ten-year delay without adequate medical proof or accounting precludes condonation; CMA award confirming lack of jurisdiction upheld.
Labour law – condonation of delay – duty to account for each day of delay – sufficiency of medical evidence to excuse lateness – jurisdiction of CMA where condonation refused.
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28 February 2020 |
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28 February 2020 |
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Applicant granted extension to file leave to appeal after prior technical strikes-out; court prioritized merits over procedural mistakes.
Civil procedure – Extension of time under s.11(1) AJA – discretion guided by factors: length of delay, reasons, arguability and prejudice. Appeals – requirement for authentic copies under Rule 96(1) Court of Appeal Rules – technical irregularities may justify extension. Procedural error/neglect by counsel – not necessarily fatal where mistakes are not fraudulent and justice favors hearing merits.
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28 February 2020 |
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Court re‑admitted a dismissed appeal out of time despite applicant’s negligence, citing arguable illegality in the trial record.
Civil procedure – re‑admission of appeal dismissed for want of prosecution – Order XXXIX, Rule 19 Civil Procedure Code – Law of Limitation Act s.14(1) – principles for extension of time (Lyamuya) – applicant’s duty to account for delay and show diligence – existence of arguable illegality/point of law may justify re‑admission despite negligence.
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28 February 2020 |
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Court found no malice or want of probable cause in the prosecutions; appeal dismissed with costs.
Civil procedure – jurisdiction – local limits and misjoinder; waiver of objection if not timely raised. Tort – malicious prosecution – essential elements (prosecution, favorable termination, malice, lack of reasonable/probable cause, damages). Malice – requires animus (ill-will); reporting under statutory duty negates malice. Reasonable and probable cause – mere acquittal or termination does not prove absence of probable cause. Duty to report crime (Criminal Procedure Act s.7) and reliance on audit report as basis for reporting.
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28 February 2020 |
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Ward Tribunal proceedings breached statutory coram requirements; appellate costs award set aside as tribunal's error.
Land law – Ward Tribunal composition and coram – Section 11 Land Disputes Courts Act – Failure to list tribunal members renders proceedings unqualified and a nullity; appellate power to quash; limits on awarding costs where procedural defect is tribunal's error.
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28 February 2020 |
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High Court quashed district order for retrial after finding the District Court failed to evaluate trial records and deviated from appeal grounds.
Civil procedure — Appeals — First appellate court should determine grounds of appeal and evaluate trial records before ordering retrial; Right to fair hearing — Trial record must be examined to ascertain whether a party was denied opportunity to be heard; Appellate scope — Second appellate courts are ordinarily confined to questions of law and may only revisit findings of fact where misapprehension causes miscarriage of justice; Revision jurisdiction — High Court may invoke sections 30 and 44 of the Magistrates' Courts Act to quash and remit decisions vitiated by procedural or evaluative errors.
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28 February 2020 |
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Primary and District Courts correctly appointed co-administrators; DNA testing not required before identifying heirs; marriage certificate objections unproven.
Probate law – appointment of administrators – Primary Court authority to appoint administratrix and identify heirs under Fifth Schedule; evidentiary reliance on earlier affidavits and trial record. Evidence – admissibility and estoppel – prior affidavit and Primary Court testimony binding on appellant. Marriage Law – authenticity of marriage certificate – no rigid handwriting/signature form required under s.33(1). Inheritance – paternity/DNA – DNA not necessary where birth records and long-standing parental recognition exist. Appellate procedure – higher court will not entertain fresh grounds not raised or decided in lower courts.
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28 February 2020 |
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Reliance on an unadmitted exhibit vitiated the trial; retrial is the appropriate remedy.
Evidence — Admissibility of exhibits — Documents must be properly tendered and recorded as admitted before being relied upon in judgment; absence vitiates trial. Procedural irregularity — Reliance on unadmitted exhibit taints proceedings — remedy is retrial (trial de novo). Civil/criminal procedure — Failure to cross-examine may amount to admission but does not cure exhibit admission defects.
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28 February 2020 |
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Lower courts' failure to properly evaluate evidence and assessors' ignorance of boundary orders warranted retrial for criminal trespass.
Criminal law – Criminal trespass; Evidence – duty of trial and first appellate courts to scrutinize evidence afresh (D.R. Pandya); Role of assessors – must be apprised of crucial exhibits; Relationship between DLHT boundary orders and criminal trespass; Retrial ordered where lower courts' evaluative defects render verdict unsafe.
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28 February 2020 |
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Failure to read and explain the preliminary hearing memorandum vitiated the trial, necessitating retrial with credit for time served.
Criminal procedure — Preliminary hearing — Section 192(3) Criminal Procedure Act — Mandatory duty to read and explain memorandum of agreed/disputed facts to accused — Non‑compliance vitiates trial; Procedure — Child witness — voir dire and promise to tell the truth; Remedy — Nullification and retrial with credit for time served.
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28 February 2020 |
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Applicant's leave-to-appeal application dismissed as time-barred; limitation runs from availability of judgment copy.
Land law – Leave to appeal to Court of Appeal – requirement under s.47(1) Land Disputes Courts Act. Limitation – computation from date judgment copy availed – s.19(2) Law of Limitation Act. Limitation – mandatory dismissal of proceedings instituted after prescribed period – s.3(1) Law of Limitation Act. Procedural competence – need to obtain leave to file out of time.
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28 February 2020 |
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Extension of time granted where delay was caused by trial court's failure to supply judgment copies despite requests.
Criminal Procedure Act s.361(2) – extension of time to file appeal; failure of trial court to supply copy of judgment – good cause; compliance with s.212(1) CPA; defective notice of appeal – not fatal where extension granted.
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28 February 2020 |
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Non-joinder of the purchaser as a necessary party prevents an effective decree; suit struck out with each party bearing own costs.
Civil Procedure – Order XXXII Rule 1 – persons having interest in mortgage must be joined as parties. Non-joinder – necessary party – purchaser of mortgaged property is necessary where relief affects purchaser. Execution – decree affecting non‑party cannot be executed. Order I Rule 10(2) – late joinder not available after trial conclusion.
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28 February 2020 |
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Court expunged one defective affidavit paragraph and held it has jurisdiction despite an ICC arbitration clause due to mortgage proviso.
Civil procedure — preliminary objections — defective affidavit: expungement of argumentative/conclusive paragraph; jurisdiction — arbitration clause in loan agreement; proviso preserving Tanzania law for mortgage realization — court retains jurisdiction; improperly moved objection misconceived.
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28 February 2020 |
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Affidavit paragraph 9 expunged; court retains jurisdiction because loan clause reserves mortgage-realization disputes to Tanzanian law.
Civil procedure – Preliminary objections – Affidavit containing argumentative/conclusive material – Expunction of offending paragraph; Jurisdiction – Arbitration clause – Contractual clause interpreted to reserve mortgage-realization disputes to Tanzanian law and court jurisdiction; Properly moved – choice of law issues do not improperly move the court.
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28 February 2020 |
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Failure to join purchasers rendered the Ward Tribunal's land-sale decree unexecutable, justifying quashing on jurisdictional grounds.
Land law; classification of cause of action (land vs probate) — jurisdiction of Ward Tribunal — necessity to join vendors and purchasers in land-sale disputes — failure to join necessary parties renders decree un-executable — appellate power to quash defective proceedings.
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28 February 2020 |
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Extension of time granted where court-extracted decree omitted a relief awarded in the judgment, constituting technical delay.
Extension of time – Notice of appeal – Decree omitting relief granted in judgment – Technical delay and illegality of decree – Correction of decree – Good cause for extension.
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28 February 2020 |
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Failure to obtain a child witness’s statutory promise and improper tendering of PF3 rendered the rape conviction unsafe.
Evidence Act s.127(2) – child witness must promise to tell the truth; mandatory compliance; failure renders evidence inadmissible; Criminal Procedure Act s.240(3) – medical report must be tendered by medical practitioner (right to cross-examine); PF3 improperly tendered by police; expungement of illegally admitted evidence; conviction unsafe and quashed.
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28 February 2020 |
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Appellate court quashed tribunal judgment due to contradiction about counsel’s appearance and ordered retrial.
Land — extension of time to appeal; procedural irregularity — judgment contradicting record by attributing submissions to non‑appearing counsel; ex‑parte proceedings; judgment vitiated; retrial ordered.
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28 February 2020 |
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Plaintiff failed to prove lawful title due to irregular allocation and lack of compensation; suit dismissed with costs.
Land — Village Land Act — allocation of village land — customary (deemed) right of occupancy — requirement of abandonment and procedural compliance before allocation — full and fair compensation to customary owners — irregular allocation by non‑statutory body — proof of title — bona fide purchaser by sale.
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28 February 2020 |
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Applicant granted extension to file appeal after trial court issued defective decree, delay excused as technical cause.
Extension of time – Law of Limitation s.14(1) and Civil Procedure Code s.95 – defective decree issued by trial court as technical cause for delay – requirement to account for delay and duty to act with diligence.
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28 February 2020 |
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High Court granted bail under EOCCA considering applicant’s age, HIV condition and credible local sureties, with specific conditions.
Criminal procedure – Bail – Application under EOCCA ss.29(4)(d) and 36(1) – Presumption of innocence and purpose of bail. Bail conditions – health, age and credible local sureties as factors supporting grant of bail. Conditions – monetary bond, sureties owning immovable property, travel restrictions and surrender of travel documents.
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28 February 2020 |
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Failure to determine a ward tribunal’s pecuniary jurisdiction renders its proceedings a nullity and requires retrial.
Land law; pecuniary jurisdiction of ward tribunals – necessity to inquire into monetary value of disputed land before trial; jurisdictional defect as fundamental irregularity; proceedings nullified and retrial ordered; Land Disputes Courts Act s.45 inapplicable to jurisdictional defects.
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28 February 2020 |
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Defective jurisdictional endorsements rendered convictions null; quashed and appellants released; retrial denied in interests of justice.
Criminal procedure – Jurisdiction – Proper endorsement of documents conferring jurisdiction to try economic offences – Defective endorsements render conviction a nullity. Criminal appeals – Retrial – Not automatic where trial defective; whether to order retrial governed by interests of justice and case-specific circumstances. Remedy – Quash convictions and set aside sentences; consider time served when deciding retrial or release.
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28 February 2020 |
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High Court granted leave to appeal, certifying issues on costs provisions, interpretation of primary court rules, and admission/confession law.
Appellate procedure – Certification of points of law under s.6(7)(b) Appellate Jurisdiction Act and Rule 44 – grant of leave to appeal. Criminal procedure – Costs orders – reliance on s.345(1) Criminal Procedure Act. Primary Courts procedure – Interpretation of s.5(1)(b) Primary Court Criminal Procedure Code in relation to costs. Evidence – Admission and confession – correct legal interpretation and effect. Appeal procedure – Whether dismissal by 2nd appellate High Court was correct.
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28 February 2020 |
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Applicant awarded outstanding staff loan with commercial and post-judgment interest; general damages claim rejected.
Banking law – staff unsecured loan – existence of written loan agreement – breach by non‑payment – written contract conclusive under s.100(1) Law of Evidence Act – commercial interest clause enforceable after employment termination – general damages not awarded for lack of evidence of loss or mitigation.
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28 February 2020 |
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Court enforces applicant's staff loan against respondent, awarding outstanding principal, commercial interest and post-judgment interest.
Contract / Loan agreement – existence – written loan application, signed loan agreement and loan statement constitute proof of contract. Breach – failure to repay after employment termination held a breach of staff loan terms. Remedies – recovery of outstanding principal and contractual/commercial interest; refusal of general damages for lack of evidence; award of post-judgment interest and costs.
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28 February 2020 |
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Extension of time granted to file an appeal; delay excused due to waiting for judgment copies and alleged tribunal illegality.
Land procedure — Extension of time under section 41(2) Land Disputes Courts Act — applicant must show sufficient cause. Time computation — days spent obtaining judgment and decree excluded under section 19 Law of Limitation Act. Sufficient cause — Lyamuya principles: account for delay, length of delay, diligence, and existence of point of law/illegality. Illegality — tribunal's failure to sit with assessors can constitute a point of law justifying extension of time.
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28 February 2020 |
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Two conflicting judgments for one application, without lawful correction, render proceedings irregular and warrant quashing and remittal.
Land law – procedural irregularity – issuance of two conflicting judgments/decrees for one application – validity of post-judgment amendment – Section 96 CPC limits corrections to clerical/arithmetical mistakes – consequences: quash and remit for rehearing.
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28 February 2020 |
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Admission to manslaughter from a quarrel permits a discretionary sentence below life, here reduced to one year.
Criminal law – Manslaughter (s195 Penal Code) – Plea of admission and conviction on prosecution facts – Sentencing discretion under s198 (life maximum) – Mitigation: death in quarrel, absence of malice, first offender, remand time credit.
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28 February 2020 |
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Extension granted to file reference where alleged illegality in bill of costs established; medical evidence rejected.
Extension of time — Bill of Costs — Alleged illegality involving non-party to originating suit — Illegality as ground for extension where readily determinable from records — Insufficient medical evidence — Order 8(1) Advocates Remuneration Order 2015.
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28 February 2020 |
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Extension of time granted where applicants promptly remedied a missing appeal record, showing good cause.
Labour law — extension of time to appeal — good cause — missing record of appeal — prompt retrieval of documents — discretion to correct non‑fraudulent procedural errors.
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28 February 2020 |
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Failure to notify a party of a judgment can constitute sufficient cause to grant an extension of time to seek leave to appeal.
Civil procedure – Extension of time – Section 14(1) Law of Limitation Act – discretion to extend – requirement to show sufficient or reasonable cause; failure to inform party of judgment as ground for delay; need to account for days of delay (good cause is relative).
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28 February 2020 |
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Extension of time granted where applicant showed sufficient cause and respondent failed to prove notice of judgment.
Extension of time – Appellate Jurisdiction Act s.11(1) and Law of Limitation Act s.14(1) – discretionary power to extend time – requirement to account for delay – evidence of notice of judgment.
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28 February 2020 |
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Failure to evaluate an alibi and to prove guilt beyond reasonable doubt rendered the convictions unsafe.
Criminal law — Alibi defence — Duty of trial court to consider and evaluate defence evidence; Burden of proof — Prosecution must prove guilt beyond reasonable doubt; Judgment requirements — Reasons and evaluation of evidence required (s.312 Cap 20); Identification — absence of parade/weak identification undermines prosecution case; Failure to consider defence is fatal to conviction.
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28 February 2020 |
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28 February 2020 |
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Applicant granted extension to file appeal after trial court failed to inform him of statutory appeal time limits.
Criminal procedure — Extension of time under section 361(2) CPA — Duty of trial court to inform convicted person of appeal time limits under section 359(1) — Failure to inform may constitute sufficient cause — Leave granted to file notice and petition of appeal within prescribed short periods.
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28 February 2020 |
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Extension of time granted because lower court's sua motu reversal without hearing denied the applicant a fair hearing.
Civil procedure – Extension of time – Applicant failed to account for each day of delay – Court may nonetheless grant extension where there is an overriding illegality or denial of fair hearing; Revision/sua motu reversal – Lower court reversing decision without hearing affected party – procedural illegality; Right to fair hearing – Audi alteram partem required before adverse revision.
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28 February 2020 |
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Extension of time granted where illegality (no hearing) in lower court justified relief despite imperfect delay accounting.
Civil procedure – extension of time under Rule 3 – requirement to account for each day of delay – illegality and denial of fair hearing by lower court as sufficient ground for extension.
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28 February 2020 |
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Court exercised discretion to extend time to file an out-of-time appeal due to delay in obtaining court records, no costs awarded.
Extension of time – Law of Limitation Act s.14(1) – delay due to difficulty obtaining court records; discretion to extend time despite prolonged procedural history; sufficiency of cause; respondent’s challenge on merits of intended appeal.
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27 February 2020 |
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Cohabitation created a presumption of marriage; domestic contributions justify a 30% share in matrimonial property.
Family law – presumption of marriage – cohabitation for two years or more and reputation as husband and wife (s.160(1) Law of Marriage Act). Matrimonial property – contribution includes domestic work and childrearing; division under s.114 Law of Marriage Act. Custody, access and maintenance – matters for Juvenile Court; interim custody to mother and interim maintenance by father. Appeal – division of matrimonial asset (70%/30%) upheld; appeal dismissed.
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27 February 2020 |
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Leave to appeal granted due to delay in supplying judgment and alleged illegality; appeal to be filed within 15 days.
Criminal procedure – leave to appeal – application based on delay in supplying judgment and alleged illegality in primary court record; respondent’s failure to oppose at hearing; grant of leave and filing time limit.
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27 February 2020 |
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Matrimonial properties acquired during cohabitation are divisible by contribution; appellate court wrongly disturbed the Primary Court's distribution.
Matrimonial property division; cohabitation-acquired assets; Law of Marriage Act s.114(2) – contributions, customs, debts, children's needs; appellate restraint on disturbing trial credibility findings; restoration of Primary Court's orders.
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27 February 2020 |
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Acquittal upheld where prosecution failed to tender loan forms and otherwise prove fraudulent loans and resulting loss beyond reasonable doubt.
Criminal law – stealing and false/fraudulent accounting by a public servant – proof beyond reasonable doubt – evidential requirements for loan transactions (signed loan forms, custodianship) – proof of death without death certificates – relevance of suo motu issues framed by trial court.
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27 February 2020 |