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Citation
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Judgment date
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| February 2020 |
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Trial and first‑level appellate proceedings were quashed for failure to record assessors' opinions; no retrial ordered.
Primary Courts – assessors – mandatory requirement to sit with not less than two assessors – assessors’ opinions must be solicited, read in open court and reflected in the judgment – omission vitiates proceedings; first appellate proceedings originating from defective trial nullified; retrial inappropriate where original acquittal due to insufficient evidence (Ferehali Manji).
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24 February 2020 |
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Failure to call and read assessors’ opinions at hearing vitiates DLHT proceedings; retrial ordered before new chair and assessors.
Land Disputes Courts Act s.23; Regulation 19(2) G.N.174/2003 – Assessors must give written opinion at conclusion of hearing and such opinion must be read in parties' presence; failure to involve assessors or read their opinion is a fatal irregularity vitiating proceedings; Chairman cannot rely on assessors' opinions placed on record outside hearing.
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24 February 2020 |
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A generic citation to s.268 without specifying the subsection made the charge incurably defective, warranting quash and release.
Criminal law — Charge sheet — Requirement to specify offence and applicable subsection/punishment — Defective charge under s.268 Penal Code — Prejudice to fair trial — Incurable defect — Quashing conviction and proceedings — Retrial discretion and interests of justice.
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24 February 2020 |
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Whether the appellant, a headmaster, inflicted grievous bodily harm on a student and whether conviction was proven beyond reasonable doubt.
Criminal law – Grievous harm (s.225 Penal Code) – proof beyond reasonable doubt; credibility of witnesses – victim and medical evidence preferred over allegedly rehearsed defence witnesses; self-defence (s.18 Penal Code) not established; appellate re-evaluation of evidence; compensation ordered.
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24 February 2020 |
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Failure to record a conviction and to evaluate defence evidence renders the judgment invalid and warrants quashing.
Criminal procedure – judgment content – requirement to record an express conviction and to specify offence and section (s235, s312 CPA). Duty to evaluate evidence – trial court must summarize and assess defence evidence; failure is fatal. Retrial discretion – retrial ordered only when interests of justice require it; not appropriate where it would cause injustice or delay. Remedy – quashing of conviction and setting aside of sentence where judgment is incurably defective.
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24 February 2020 |
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Nine-year unexplained delay and unsupported illness claims do not justify extension of time to appeal.
Appellate procedure – extension of time to file Notice of Appeal under s.11(1) Appellate Jurisdiction Act – requirement to account for each day of delay; insufficiency of unsupported claims of illness and prison transfers.
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24 February 2020 |
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Applicant's failure to cite the enabling provision rendered the restoration application incompetent and it was struck out.
Civil procedure — Restoration of dismissed appeal — Necessity to cite the proper enabling provision in the Chamber Summons — Wrong citation renders the application incompetent — Preliminary objection sustained — Application struck out with costs.
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24 February 2020 |
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Appeal filed after expiry of court-granted extension was time-barred and struck out; appellant may seek fresh extension.
Criminal appeal — time limits — court-granted extension of time — late preparation and lodging of petition — incompetence of appeal — striking out — leave to apply for fresh extension.
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24 February 2020 |
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A conviction founded solely on a retracted cautioned statement without inquiry or corroboration is unsafe and must be quashed.
Criminal law – Armed robbery – conviction based solely on cautioned/confession statement – retracted/repudiated confession – duty to inquire into voluntariness – need for corroboration or discovery – burden of proof beyond reasonable doubt.
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24 February 2020 |
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Improper composition and lack of quorum at the Ward Tribunal vitiated its proceedings and the appellate decision.
Ward Tribunal composition and quorum – non‑compliance with statutory gender and minimum membership requirements – effect: proceedings and decision nullified; appellate tribunal cannot validate proceedings of improperly constituted trial tribunal; limitation issue raised but appellate and trial decisions invalidated for composition defect.
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24 February 2020 |
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Second appeal dismissed: appellant failed to prove the attached property was a matrimonial home or to rebut lower courts' findings.
Execution and attachment – whether attached property is matrimonial/residential house – evidential requirements (auction notice, witness testimony) – scope of second appeal – interference with concurrent findings of fact – complaints not grounded on issues decided at trial.
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21 February 2020 |
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A Ward Tribunal's adjudication on return of property and compensation bars re-litigation of the same dispute; appeal dismissed.
Civil procedure — Res judicata — Prior Ward Tribunal decision ordering return of property and awarding compensation bars re-litigation of same dispute if not appealed. Ward Tribunals — Jurisdiction in civil matters under Ward Tribunals Act (Cap 206) — distinct from Land Disputes Courts Act (Cap 216). Appeal remedies — Failure to appeal tribunal decision precludes fresh suit on same subject matter. Distinct causes of action — Loan recovery judgment does not operate as res judicata for separate unlawful seizure/damages claim.
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21 February 2020 |
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A land dispute over an undeclared deceased estate is a probate matter; tribunal proceedings on it are a nullity.
Probate law – administration of deceased estate – co-administrators – unilateral distribution by one administrator – duty to report to appointing court (5th Schedule, Rule 5, MCA) – duty to file inventory and accounts (5th Schedule, Rule 11, MCA) – pending probate bars parallel determination of estate by Land Tribunal – proceedings declared nullity.
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21 February 2020 |
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Court granted interim injunction restraining the respondent from selling the applicant's mortgaged properties pending trial.
Civil procedure – interlocutory injunction – Atilio v Mbowe tripartite test (prima facie triable issue; irreparable harm; balance of convenience) – insurance proceeds and protection of residential interest – requirement to prove prior orders under s.110(1) Evidence Act.
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21 February 2020 |
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Court declares threatened cancellation of plaintiffs' land titles unlawful and confirms plaintiffs' lawful ownership; damages not proved.
Land law – title and registration – validity of private sale, possession, survey and municipal confirmation establishing lawful ownership. Land Registration Act (Cap. 334) – section 37 – Registrar's power to require production of certificate of title and to endorse or cancel – limits and procedural requirements. Civil damages – requirement for particularised pleading and proof of special and general damages; failure to prove damages defeats claim. Remedies – declaratory relief available; indemnity under s.100 and rectification under s.99 noted but not established or pursued by plaintiffs.
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21 February 2020 |
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A petitioner may be appointed administrator where the deceased was divorced and alleged children were judicially found not to be his.
Probate & Administration – qualification to be appointed administrator where no surviving spouse or children; effect of prior matrimonial decree and appellate findings on entitlement. Family law – matrimonial property division – preservation of 50% share awarded to former spouse in matrimonial proceedings. Succession – persons declared not to be biological children in earlier proceedings are excluded from intestate succession. Procedure – appointed administrator to file inventory with values by recognised government valuer within statutory time.
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21 February 2020 |
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A tribunal’s suo motu determination without hearing the parties vitiates its ruling and entitles the applicant to rehearing.
Civil procedure – tribunal raising points of law suo motu – duty to place issues on record and afford parties opportunity to address – failure vitiates judgment Administrative law – audi alteram partem – right to be heard Procedural law – time bar and constructive res judicata raised suo motu Remedy – quashment and remittal for rehearing before different chairman and assessors
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21 February 2020 |
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Applicant failed to prove malicious prosecution or wrongful detention where prosecution had reasonable and probable cause.
Civil procedure — Order XX, rules 4 & 5 — requirements for judgment (concise statement, points for determination, reasons) — malicious prosecution — elements (prosecution, favourable termination, malice, absence of reasonable/probable cause, damages) — wrongful detention — lawful organized detention not actionable.
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21 February 2020 |
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Leave to appeal granted where the intended appeal raises prima facie contentious legal points on ownership and matrimonial property.
Civil procedure — leave to appeal — requirement of prima facie/arguable grounds warranting Court of Appeal guidance. Land law — ownership and disposition — whether land acquired before marriage is separate property or matrimonial home requiring spouse’s consent. Appellate practice — mis‑pleading of statutes does not preclude determination on merits (Oxygen principle).
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21 February 2020 |
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Limitation of time to set aside ex parte judgment is a legal issue open to appellate consideration; late, unexplained applications may be dismissed.
Civil procedure – setting aside ex parte judgment – limitation period under G.N. No. 311 of 1964 (item 1) – Rule 30(1) G.N. No. 119 of 1989 – whether appellate court may raise limitation of time – notice of judgment in ex parte proceedings – trial de novo.
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21 February 2020 |
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Non-joinder of village authority is not per se illegality warranting extension of time; delay unexcused.
Land law – extension of time – whether non-joinder of village authority constitutes illegality warranting extension of time. Civil procedure – locus standi in land disputes – evidence of transfer and possession as basis for locus standi. Procedural law – requirement to account for every day of delay; unsubstantiated illness not sufficient ground. Abuse of court process – dismissal of unmeritorious extension applications with costs.
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21 February 2020 |
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Respondent failed to prove maintenance contract and payments; trial judgment quashed for lack of proof.
Civil procedure – territorial jurisdiction – objection must be raised at trial (s.19 Civil Procedure Code); Pecuniary jurisdiction determined by substantive (specific) claim; Pleadings and burden of proof – parties bound by pleadings and claimant must prove contractual basis; Evidence – documentary and oral evidence must be consistently analysed; Award of damages requires proof of pleaded cause of action.
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21 February 2020 |
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The appeal was dismissed: inventory challenge failed as ownership disputes were jurisdictional or unproven and new claims not entertained.
Probate law – inventory filing – section 107(1) Probate Act – mandatory procedure after administration of estate. Jurisdiction – land ownership disputes fall to Land Tribunal; High Court cannot determine pending land disputes on probate appeal. Civil procedure – appellate review limited to matters raised and decided in the trial court; new issues not entertainable on appeal. Evidence – burden of proof under section 110 (Cap. 6) and requirements for proving marital status under the Law of Marriage Act.
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21 February 2020 |
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Appeal filed beyond 90 days without leave is time‑barred; exclusion for obtaining copies is not automatic.
Limitation of actions – appeals – computing time for appeal – exclusion of period for obtaining copies under section 19(2) Law of Limitation Act – exclusion not automatic; formal application for extension/leave under section 14(1) required – failure to show due diligence – appeal time‑barred and dismissed with costs.
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21 February 2020 |
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Appeal dismissed as time-barred; exclusion for obtaining copies is not automatic and requires formal application for leave.
Civil procedure – limitation – appeal filed out of time – application of Law of Limitation Act Cap. 89 R.E.2002 (sections 3(1), 14(1), 19(2)). Exclusion of time for obtaining copies of judgment under s.19(2) is not automatic – requires proper application and proof. Burden on appellant to show delay was not due to their negligence before court exercises discretion to extend time.
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21 February 2020 |
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Applicant failed to show sufficient cause for extension of time; unexplained delay and counsel withdrawal were insufficient.
Civil procedure — Extension of time — Section 14(1) Law of Limitation Act — requirement to show sufficient cause; need to account for delay day-by-day. Withdrawal of counsel — not automatically sufficient; court will not condone delay resulting from counsel's negligence or applicant's passivity. Authorities cited: Lyamuya guidance, Bushiri (day-to-day accounting), DP Valambhya (counsel negligence), Nemco/Nemco principle on substantial justice.
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21 February 2020 |
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Court granted a temporary injunction restraining respondent from taking the disputed excavator pending the main suit.
Civil procedure – Interlocutory relief – Temporary injunction under Order 37 r.1(a) and section 68(c),(e) CPC – Restraint on removal of disputed chattel pending suit; non-opposition due to ongoing negotiations.
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21 February 2020 |
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Court granted temporary injunction preventing respondent from taking the excavator pending the main suit; each party to bear own costs.
Civil procedure – interim relief – temporary injunction under Order 37 R.1(a) and Section 68(c),(e) CPC – preservation of subject matter pending main suit Effect of respondent's non-opposition and ongoing settlement negotiations on grant of interlocutory relief Costs – no order as to costs; each party to bear own costs
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21 February 2020 |
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21 February 2020 |
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Special damages must be specifically pleaded and proved; general damages award of Tshs.10,000,000 upheld as reasonable.
Pleadings and proof – parties bound by pleadings; special damages must be specifically pleaded and strictly proved; receipts from an unpleaded garage cannot establish pleaded specific damages; General damages – discretionary award by trial court; appellate interference only where award is unreasonable or based on wrong principle; award of Tshs.10,000,000 upheld due to delay and litigation period.
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21 February 2020 |
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Conviction for stealing by agent overturned for failure to prove entrustment and essential elements.
Criminal law – Theft – Stealing by agent (s.273(b) Penal Code) – essential element of entrustment – burden of proof on prosecution – insufficiency of unsigned documents and failure to call key witnesses – conviction unsafe.
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21 February 2020 |
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Appellant's challenge failed: misappropriation allegations unproven, respondents' election upheld, no costs.
Election law — candidate qualification — allegations of misappropriation unproven; Constitutional right to be heard and presumption of innocence; Administrative disqualification cannot replace judicial determination; Costs — no costs as per trial court.
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21 February 2020 |
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Administrative disqualification without judicial proof breaches rights; unproven allegations cannot bar candidates—appeal dismissed.
Election law — candidate disqualification — allegations of misconduct must be judicially proved; administrative disqualification without hearing breaches presumption of innocence and right to be heard; appellate review — assessment of evidence and costs discretion.
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21 February 2020 |
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Court granted 14-day extension to file labour revision, finding prompt action after rejection constituted sufficient cause.
Labour procedure — extension of time to file revision — discretionary exercise; good cause requires accounting for delay; ignorance of law/procedural defect not automatically sufficient; prompt filing after rejection can justify extension.
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21 February 2020 |
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An appeal accompanied by a decree not drawn in accordance with the judgment is incompetent and is struck out.
Civil procedure — Appeal — Record of appeal must include a decree drawn up in accordance with the judgment — Defective or incorrect decree (wrong name) renders appeal incompetent — Order XXXIX Rule 1(1) and Order XX Rule 7 — Remedy: strike out and rectification by trial court.
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21 February 2020 |
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A decree not drawn in accordance with the judgment renders the appeal incompetent and must be struck out and rectified.
Civil procedure — Appeal record — Requirement to attach a decree drawn in accordance with judgment (Order XX r.7; Order XXXIX r.1(1)) — Defective decree (incorrect party details) renders appeal incompetent — Remedy: striking out and rectification by trial court — Fortunatus Masha precedent.
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21 February 2020 |
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High Court lacked jurisdiction to hear bail application pre-committal; District Court may decide bail unless property value ≥ TShs.10,000,000.
Criminal procedure – Bail – Jurisdiction under Economic and Organised Crime Control Act – Sections 29(4)(a),(d) and 36(1) – District Court retains bail jurisdiction pre-committal unless value of property involved is ≥ TShs.10,000,000. Section 36(1) is not an independent enabling provision overriding section 29(4).
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21 February 2020 |
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Conviction quashed where defective charge sheet, unread charges and ignored alibi denied a fair trial.
Criminal procedure – defective charge sheet and failure to name accused – duty to amend and re-read charge (s.234 CPA) – requirement to read charge and record plea – consideration of alibi/defence – conviction formalities and sentencing – retrial principles (Fatehali Manji).
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21 February 2020 |
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A land suit was dismissed as res judicata because the same issue and parties had been finally decided earlier.
Civil procedure – res judicata – section 9 Civil Procedure Code (Cap.33) – requirement of earlier decision, final judgment on the merits, and same parties or privies. Identity of parties – name variation (addition of 'Limited') does not defeat res judicata where parties or their privies are the same. Land law – dispute over title to Plot No.103/1 Igogo Industrial Area – finality of DLHT proceedings and High Court revision.
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21 February 2020 |
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Whether respondents were properly treated as administrators and whether re-filing a defence after expungement was correctly allowed.
Civil procedure – preliminary objection – capacity to be sued – administrators of estate; Expunged Written Statement of Defence – court-ordered re-filing and extension of time; Admissibility and judicial notice of annexures (Letters of Administration); Principle of audi alteram and fairness in litigation.
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21 February 2020 |
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Court granted temporary injunction restraining regulator from fining or issuing notifications to drivers pending the main suit, with costs in due course.
Interim injunctions; transport regulation enforcement; whether fines/notifications may be lawfully issued to drivers; prima facie case; irreparable injury; balance of convenience.
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21 February 2020 |
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Applicant's unexplained delay and unspecific legal point failed to justify extension of time; application dismissed with costs.
Extension of time — application under Section 93 CPC and Law of Limitation Act — applicant must account for each day of delay — bald allegation of illegality or unspecified 'legal point' insufficient — discretion to extend time exercised judiciously.
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21 February 2020 |
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An extension application was dismissed for want of prosecution where neither party appeared and no steps were taken to advance the matter.
• Civil procedure – want of prosecution – dismissal of application where applicant fails to appear or to take steps to serve respondent.• Civil procedure – adjournments – adjournments require good reasons and notice to the court.• Appeals – extension of time to apply for leave to appeal – failure to prosecute an extension application may result in dismissal.• Costs – where both parties fail to attend or prosecute, each party may be ordered to bear own costs.
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20 February 2020 |
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Time to apply to join a deceased plaintiff's legal representative runs from date of death; late application causes abatement.
Civil procedure — Order XXII Rule 3 — Joining legal representative of deceased plaintiff — Computation of limitation period from date of death — Law of Limitation Act (Part III, Schedule Item 16) — Abatement of suit — Revival under Order XXII Rule 9.
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20 February 2020 |
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Leave to appeal granted where arguable legal questions on limitation and civil procedure arise despite procedural defects.
Administrative and appellate procedure – leave to appeal – prerogative orders – applicability of Law of Limitation Act and Civil Procedure Code (s.93) to prerogative applications – whether exclusion of time is automatic – effect of Written Laws (Miscellaneous Amendments) Act 2018 on leave requirement – procedural irregularities and late preliminary objections.
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20 February 2020 |
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Application for extension of time to appeal struck out as leave requirement was removed; costs awarded to the respondent.
Civil procedure – extension of time – competence of application where statutory amendment removed requirement for leave to appeal (Misc. Amendment Act No.3 of 2018). Procedure – striking out incompetent applications filed after legislative change. Costs – discretion under section 30 Civil Procedure Code; costs follow event; reliance on Njjoro Furniture Mart precedent.
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20 February 2020 |
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A caveator's affidavit containing legal argument, unnamed sources and defective verification invalidates appearance, allowing grant of letters of administration.
Probate law – affidavit requirements – affidavits must be confined to facts within deponent's knowledge; no legal argument or prayers; sources of information must be named; defective verification (thumbprint/unnamed source) renders appearance incompetent; expungement of offending paragraphs; caveat deemed withdrawn under s59(4); Rule 116 cannot cure mandatory non‑compliance.
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20 February 2020 |
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Plaintiff's amendment that would substitute the cause of action was disallowed; suit struck out with costs.
Civil procedure — Amendment of plaint — Order 6 Rule 17 CPC — amendments permissible to determine real controversy — proposed amendment must not alter or substitute cause of action — improper amendment where subject matter sold — suit struck out with costs.
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20 February 2020 |
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A plaint cannot be amended to substitute the cause of action after the subject matter has been disposed of; suit struck out with costs.
Civil Procedure — Amendment of pleadings — Order 6 Rule 17 — Amendments allowed to determine real controversy but must not substitute or alter cause of action; amendment not appropriate where subject matter overtaken by events — Preliminary objections upheld — Suit struck out with costs.
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20 February 2020 |
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Court refused to expunge non-compliant witness statement and ordered witnesses to give oral evidence to cure procedural defects.
Commercial Division procedure – witness statements – Rule 50(1)(c): witness statement must, so far as practicable, be in the witness’s own words and language – non-compliance; Rule 50(1)(f): prohibition on lengthy quotations and legal argument – striking out under Rule 53; remedial measures – expungement vs. rectification vs. oral testimony; procedural rules as handmaid of justice.
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20 February 2020 |