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Citation
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Judgment date
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| February 2020 |
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Revision application struck out for being instituted under incorrect statutory provisions despite being within time.
Labour law — Revision from the CMA — Proper citation of enabling provisions — Applications instituted under wrong statutory or procedural provisions are liable to be struck out; time-bar objections defeated by prior extension of time.
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27 February 2020 |
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Application to set aside a Taxing Master’s dismissal of a Bill of Costs was dismissed because the bill was filed one day late.
Advocates Remuneration Order GN.264/2015 – Bill of Costs – 60‑day filing period; Law of Limitation Act s.19 – computation of time – inapplicable to taxation of bills; Taxing Master's dismissal for lateness upheld; review under Order 7(1)-(2).
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27 February 2020 |
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Review dismissed where applicant raised issues amounting to an appeal, not an obvious error on the face of the record.
Civil procedure – Review under Order XLII R.1 & R.3 CPC – requirement of an obvious or apparent error on the face of the record. Review versus appeal – review not to re-open factual or legal issues requiring prolonged argument; appeals are the proper remedy for such grievances. Relief – dismissal of review application that advances grounds amounting to appeal in disguise; costs awarded to respondents.
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27 February 2020 |
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Suo motu striking of plaint without affording parties hearing violated fair hearing; judgment quashed and matter remitted.
Civil procedure – plaint defects – trial court raising issues suo motu at judgment stage – breach of audi alteram partem/right to be heard – fundamental procedural error – quash and remit – Magistrates’ Courts Act s.44(1)(b) and CPC provisions.
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27 February 2020 |
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Court granted extension to file appeal under s.25(1)(b) because illness and caregiving amounted to good cause.
Criminal procedure – extension of time – leave to appeal out of time under s.25(1)(b) Magistrate's Courts Act; good cause standard; sickness and caregiving as sufficient cause; ex parte hearing where respondents do not file counter‑affidavits or refuse service.
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27 February 2020 |
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Appeal dismissed; conviction for rape and impregnating a schoolgirl upheld despite absence of DNA evidence.
Criminal law – Rape – Requirement of DNA evidence – DNA not mandatory where competent medical and testimonial evidence establishes offence. Evidence – PF3 and medical expert testimony – admissibility and probative value in proving pregnancy and penetration. Proof beyond reasonable doubt – cumulative weight of victim’s testimony, medical evidence, caution statement, and school register.
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27 February 2020 |
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Unsatisfied section 127(2) procedure and lack of corroboration, plus sentencing error, rendered conviction and custody unsafe.
Criminal law – sexual offences against a child – admissibility of unsworn evidence under s.127(2) Evidence Act – court must first determine witness’s inability to understand oath; unsworn evidence requires corroboration. Criminal procedure – contradictions in ancillary facts not necessarily fatal to conviction. Sentencing – s.131(2) Penal Code applies to 18‑year‑old first offenders, corporal punishment, not custodial term.
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27 February 2020 |
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Unreliable visual identification and uncorroborated cautioned statement rendered the conviction unsafe.
Evidence — Identification — Visual identification at night — brief exposure (approx. 5 seconds) — reliability questioned. Identification parade — delay and potential afterthought undermine value. Confession — cautioned statement repudiated and requiring corroboration; voluntariness in issue. Criminal burden — prosecution failed to prove guilt beyond reasonable doubt; conviction unsafe.
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27 February 2020 |
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Non‑compliance with section 192(3) Criminal Procedure Act vitiates the preliminary hearing and warrants retrial; time served credited.
Criminal procedure — Preliminary hearing — Section 192(3) Criminal Procedure Act — Memorandum of undisputed facts must be prepared, read over, explained and signed — Non‑compliance vitiates proceedings; retrial as remedy; issues of victim evidence/corroboration and penetration left for re‑trial.
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27 February 2020 |
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Application for leave refused: no arguable grounds—locus by probate established, sale invalid, adverse possession inappropriate for a lessee.
Leave to appeal – requirement of an arguable point; locus standi established by probate judgment; validity of sale agreement – witnessing and attestation; adverse possession cannot be raised where occupation was as a lessee.
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27 February 2020 |
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Appeal dismissed as time-barred where appellant failed to seek extension despite delay in obtaining certified judgment.
Land law – Appeals from District Land and Housing Tribunal – Section 41(1) and (2) Land Disputes Courts Act – forty-five day appeal period – High Court may extend time for good cause; delay in obtaining certified copies of judgment may excuse delay but exclusion is not automatic; party must apply for extension of time; failure to obtain leave renders appeal incompetent.
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27 February 2020 |
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A divorce petition filed without a Marriage Conciliatory Board certificate is incompetent and any orders are void ab initio.
Family law – Divorce procedure – Requirement of a Marriage Conciliatory Board certificate under section 101, Law of Marriage Act, Cap.29 – Lack of certificate renders petition incompetent and orders void ab initio.
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27 February 2020 |
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Appeal dismissed where appellant failed to identify the disputed land at locus in quo and had sued the wrong parties.
Land law – possession and title – long possession claim – requirement to identify the specific parcel at locus in quo. Civil procedure – locus in quo inspection – evidentiary weight where applicant cannot point to disputed land. Parties – necessity of suing actual possessors/trespassers to avoid injustice to third parties. Appellate review – confirmation of factual findings by trial tribunal and DLHT where locus in quo findings are unchallenged.
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27 February 2020 |
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Failure to identify the disputed land defeats a long-possession claim; appeal dismissed and lower tribunals' findings upheld.
Land law — possession and title by long possession; requirement to identify locus in quo at trial; consequence of suing wrong parties; appellate confirmation of trial tribunal on locus visit findings.
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27 February 2020 |
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Appellant's failure to effect and prove service justified dismissal of the appeal for want of prosecution.
Land appeal procedure — Service of appeal documents and hearing notices — Duty on appellant to effect and prove service (affidavit) — Failure to prosecute — Repeated adjournments without prospective progress — Dismissal for want of prosecution.
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27 February 2020 |
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Clerical mistakes may be curable but inclusion of unproven, irrelevant allegations renders a CMA award incurably defective and warrants rehearing.
Labour law – judicial review of CMA award – clerical error versus incurable substantive error; inclusion of irrelevant/unproven allegations vitiating award; right to call witnesses; order of nullification and rehearing (trial de novo).
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27 February 2020 |
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Letters of administration with will annexed granted where petitioner complied with statutory requirements and no objections were filed.
Probate and Administration – grant of letters of administration with will annexed – compliance with statutory filing and publication requirements – absence of caveat or objection – appointment of administratrix and directions to execute will and file inventory.
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27 February 2020 |
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Court ordered stay of CMA condonation proceedings pending restoration and determination of a pending res subjudice labour dispute.
Labour law – preliminary objections – res subjudice – irregular multiple rulings – stay of proceedings pending determination of earlier dispute – representation by advocate (notice) – condonation application.
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27 February 2020 |
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Failure to provide an interpreter and broken chain of custody undermined the prosecution's case; convictions quashed.
Criminal procedure – right to interpretation – compliance with section 211(1) CPA – failure to provide continuous interpreter nullifies proceedings. Evidence – chain of custody – necessity of documenting seizure, custody, transfer, valuation and tendering of physical exhibits. Evidence – contradictions in prosecution witnesses about number and fate of exhibits undermine proof beyond reasonable doubt. Trial evaluation – trial court duty to analyse evidence and ensure prosecution bears burden of proof in criminal cases.
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27 February 2020 |
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Failure to file court-ordered written submissions without adequate excuse warrants dismissal for want of prosecution.
Civil procedure – non-compliance with court-ordered time limits for written submissions; failure to prosecute; dismissal for want of prosecution; adequacy of excuses for default (funeral insufficient without particulars); reliance on precedent.
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27 February 2020 |
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Prosecution failed to prove victim's age and to connect the appellant to the pregnancy, undermining conviction.
Criminal law – statutory rape and impregnating a schoolgirl – proof of victim's age – absence of parent/guardian or birth certificate evidence – pregnancy (PF3) insufficient to establish paternity without corroboration – reliability of victim's identification.
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27 February 2020 |
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Wrong citation of enabling law for extending time to file bill of costs is fatal; application struck out.
Civil procedure — Extension of time — Proper enabling provision — Section 93 Civil Procedure Code; Bills of costs governed by Advocates Remuneration Order (ARO) — Where ARO silent, Law of Limitation (Cap. 89) s.14(1) applies — Wrong or non‑citation of enabling law is fatal and renders application incompetent.
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27 February 2020 |
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A Ward Tribunal lacked pecuniary jurisdiction over a large land dispute; its proceedings and ensuing appeal were declared void.
Land law – Jurisdiction – Ward Tribunal pecuniary limit under s.15 Land Disputes Courts Act (Tshs 3,000,000) – proceedings without jurisdiction are null and void – appeals arising from a nullity are likewise void; valuation for jurisdictional purposes assessed by market value at suit institution.
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27 February 2020 |
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Application to restore an appeal struck out for non‑appearance granted due to medical evidence and reasonable promptness.
Civil procedure – Restoration of appeal struck out for non‑appearance – Whether medical evidence (PF3) and assault constitute sufficient cause – Timeliness and diligence in applying for restoration.
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27 February 2020 |
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26 February 2020 |
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A child's sworn testimony was expunged for lack of a recorded finding that she understood the nature of an oath, leading to quashing of the conviction.
Evidence Act (s.127) – Child of tender age – requirement that court be satisfied the child understands the nature of an oath before taking sworn evidence – failure to record such finding renders sworn testimony vulnerable to expunction. Criminal law – sexual offences – reliance on child witness evidence – expunction of inadmissible child evidence may cause prosecution's case to collapse. Procedure – appellate remedial action – quashing conviction and setting aside sentence where essential evidence is expunged.
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26 February 2020 |
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Procedural and jurisdictional defects, unlawful searches and delayed statements vitiated the convictions; records quashed and appellants released.
Criminal procedure – searches and seizures – requirement for written authority under s.38(1) Criminal Procedure Act; emergency searches under s.42(1)(b)(ii) – admissibility of seizure certificates. Criminal procedure – cautioned statements – statutory interviewing time under s.50(1) and extension under s.51 – exclusion of illegally obtained statements. Economic offences – requirement to take accused before court within 48 hours under s.29(1) of the Economic and Organised Crime Control Act – consequences of non-compliance. Jurisdiction – territorial competence of trial court – trial conducted outside proper venue vitiates proceedings. Trial irregularities – taking over trial without recorded reasons (s.214) and judgment non-compliant with s.312(1) – effect of defective judgment and remedy (nullity, quash, no retrial).
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26 February 2020 |
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Extension of time to file notice of appeal granted where prison officers’ failure to assist caused delay.
Criminal procedure – extension of time to file notice of appeal – delay by detained/applicant attributable to prison officers’ failure to assist – sufficient cause – application granted.
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26 February 2020 |
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Application struck out with costs because supporting affidavit was invalidly attested by its own drafter.
Civil procedure – affidavits – statutory attestation requirements under s.7 Notaries Public and Commissioner for Oaths Act, Cap. 12 R.E. 2002 – validity of affidavit where drafter also attests it; amendment of defective affidavits; striking out applications supported by invalid affidavits.
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26 February 2020 |
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Abortion conviction quashed for failure to prove causation and intent; adverse inference and benefit of doubt applied.
Criminal law – abortion (s.151 Penal Code) – elements: pregnancy, termination, causation and intent – proof beyond reasonable doubt – hearsay – failure to call material witnesses – adverse inference – benefit of doubt.
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26 February 2020 |
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Prosecution failed to prove rape beyond reasonable doubt due to evidentiary gaps, unproved age, and procedural defects.
Criminal law – Rape – proof beyond reasonable doubt; uncertain dates of offence; delayed medical examination (PF3) and pregnancy findings; failure to prove complainant’s age; reception of unsworn evidence contrary to Evidence Act and Criminal Procedure Act; failure to tender ordered medical report; unreasonable shifting of burden of proof.
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26 February 2020 |
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Prison-related delays and late supply of judgment copies constituted good cause for extension to file an appeal under s.361(2).
Criminal Procedure Act s.361(2) – extension of time to appeal – discretion to admit appeal out of time – requirement of "good cause". Delay caused by late supply of judgment and proceedings – relevance as good cause. Prisoner litigant – constraints and lack of control over filing – factor supporting extension. Notice of intention to appeal filed within statutory ten-day period – supportive of good cause.
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26 February 2020 |
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Absence without notice for over five days by a security guard justified fair termination; partial November salary awarded.
Employment law – unfair termination – absenteeism – absence without permission for more than five consecutive days constitutes serious misconduct (GN.42/2007, Item 9); disciplinary procedure – right to hearing; remedies – compensation, leave pay, unpaid salary; evidentiary burden of proof for payments.
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26 February 2020 |
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Conviction for statutory rape quashed where victim’s age was unproven and child’s evidence was improperly received.
Criminal law – Statutory rape – Proof of victim’s age – Charge sheet not evidence; parent testimony or other admissible proof required. Evidence Act – Child witness – child of tender age must promise to tell the truth, not be sworn; improperly sworn evidence is improperly received and affects competency. Criminal appeal – conviction unsafe where essential element (age) unproven and evidence improperly received.
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26 February 2020 |
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A temporary injunction lapsed after six months absent extension; the court cannot vacate a non-existent order.
Civil Procedure — Temporary/interim injunction — Duration and expiry under Order XXXVII Rule 3; default six-month limit; extensions aggregate up to one year upon application and demonstration of diligence. Relief — Court cannot vacate an order that has expired; parties should pursue appropriate procedural steps with the Deputy Registrar or by fresh application. Conduct — Applicant's failure to seek timely extension or relief undermines claim to continued protection.
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26 February 2020 |
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Limitation raised first on appeal is an afterthought; respondent proved ownership on balance of probabilities.
Land law – limitation: point of limitation not raised at trial cannot be raised for first time on appeal; Evidence – admissibility: only admitted exhibits may be relied upon; Adverse possession – requirement of proof of root of title and uninterrupted exclusive possession; Civil standard – ownership established on balance of probabilities by allocation receipt and corroborating village council evidence; Appeal – appellate court will not entertain new factual points not raised below.
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26 February 2020 |
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Failure to append the magistrate's signature to witness testimonies invalidated the trial, prompting quashment and retrial.
Criminal Procedure Act s210(1) — mode of taking evidence — requirement that magistrate sign testimony of each witness; failure to sign invalidates proceedings. Authenticity of record — magistrate's signature required to verify who recorded evidence and to make it part of the record. Procedural irregularity — incurable defect vitiating trial. Criminal Procedure Act s388 — quashing of judgment and ordering of retrial; requirement for preliminary hearing. Criminal Procedure Act s293(2)&(3) — accused's rights to be explained (not dispositive here but raised).
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26 February 2020 |
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Prison transfers and prison officers' failure to lodge documents can constitute sufficient cause for extension to file a Notice of Appeal.
Criminal procedure – Extension of time – Application under section 316(2) Criminal Procedure Act – Requirement to show sufficient cause. Prison law – Prison transfers and reliance on prison officers to lodge documents – May constitute sufficient cause for delay. Civil procedure – Discretionary relief – Court to consider merit, prejudice and whether delay is inordinate; reference to Benedict Mumelo precedent.
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26 February 2020 |
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Conviction quashed because visual and dock identification were unreliable and prosecution evidence was inconsistent.
Criminal law – Visual identification; dock identification – Evidence must be watertight per Waziri Amani; consider duration, distance, lighting, prior knowledge; inconsistencies between indictment and evidence may undermine conviction; conviction quashed where identification and case coherence were deficient.
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26 February 2020 |
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An out-of-time appeal from a Ward Tribunal must be dismissed under the Limitation Act; each party bears own costs since the court raised the time issue suo motu.
Civil procedure — Appeals — Time limits for appeals from Ward Tribunals (s.38(1) LDCA) and from DLHT (s.41 as amended); Limitation — Remedy for out-of-time appeal — dismissal under s.3(1) Law of Limitation Act, not striking out; Costs — discretionary refusal to award costs where court raised limitation issue suo motu; Procedural relief — right to apply for extension of time after dismissal.
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26 February 2020 |
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Committal for contempt cannot be imposed on non‑parties not served with the injunction and where breach particulars are absent.
Civil contempt — committal proceedings — maintenance of status quo injunction — enforcement against third parties — necessity of service and specific date of breach — suing wrong/non‑existent respondents fatal to committal application.
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26 February 2020 |
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Non‑parties not served with a status‑quo order cannot be committed for contempt; application dismissed.
Contempt of court – maintenance of status quo injunction – scope limited to parties served – service and party‑status essential – failure to plead date of alleged breach fatal – suing wrong/non‑existent respondents defeats contempt application.
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26 February 2020 |
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Sale of property not named in a court order is unlawful; purchaser cannot be validated as bona fide.
Land law – Execution and auction sales – Auction of property not named in court order is unlawful; court broker exceeding authority; creditor cannot benefit from execution against wrong party; bona fide purchaser and documentary evidence cannot validate an illegal execution.
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26 February 2020 |
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Sale by public auction of property not named in execution order is unlawful; broker’s misrepresentation invalidates the sale.
Land law – Execution of court orders – Auction of property not named in execution order is unlawful; Agency/misrepresentation – Broker misled lender into auctioning unlisted property; Bona fide purchaser – purchase in execution of an unlawful auction cannot be validated; Company law – loan to a company does not create personal liability of company director.
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26 February 2020 |
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A res judicata preliminary objection requiring factual proof cannot be sustained without evidence; matter remitted for full hearing.
Civil procedure – Preliminary objections – Res judicata – Preliminary objections must be points of pure law and not depend on disputed facts or evidence; where determination of res judicata requires proof of a prior judgment, the objection should be overruled and the matter heard on merits.
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26 February 2020 |
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A one-day absence did not justify dismissal, but the property-recovery application was incompetent and the appeal dismissed.
Criminal procedure – restoration of dismissed application – sufficient cause for absence; advocate’s non-attendance does not extinguish litigant’s right to be heard; restoration should have been granted. Civil v. criminal jurisdiction – claim for recovery of alleged confiscated property is a civil action requiring proof on balance of probabilities; withdrawn criminal charge and absence of exhibits or custody render application incompetent. Exercise of court’s suo moto powers to raise competency of proceedings.
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26 February 2020 |
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Statutory rape conviction quashed where victim's age was unproved, testimony contradicted, and medical evidence did not link accused.
Criminal law – statutory rape – requirement to prove victim's age; Evidence Act s.127(4) – unsworn evidence from witnesses who are not children of tender years; witness contradictions and uncalled material witnesses; medical examination (PF3) and temporal inconsistencies affecting proof of identity of offender.
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26 February 2020 |
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Conviction quashed where circumstantial evidence and lack of identification failed to prove appellant's guilt beyond reasonable doubt.
Criminal law – stealing by servant – identification – circumstantial evidence – burden of proof must irresistibly point to accused – mere custody of property insufficient to ground conviction.
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26 February 2020 |
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Night identification by a single witness upheld; late alibi ignored; accused convicted of murder and sentenced to death.
Criminal law – Murder – Single-witness night identification; reliability and conditions for visual ID (proximity, lighting, prior acquaintance, time for observation) – Late alibi and failure to give notice under s.194 CPA – Malice aforethought inferred from injuries and weapon use – Liability under s.22 Penal Code for those aiding/abetting during robbery.
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26 February 2020 |
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An appeal filed after the 45‑day statutory period under section 361(1)(b) CPA is incompetent and is struck out; apply for extension of time.
Criminal procedure – Time limits for appeal – section 361(1)(b) CPA – filing within 45 days mandatory Extension of time – delay caused by non-supply of copies – requires formal application for extension, not defence to competence Notice of appeal – becomes inoperative if appeal struck out; fresh extension may be required
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26 February 2020 |