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Citation
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Judgment date
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| March 2020 |
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A defective Notice of Application under Rule 24(2)(e) and (f) renders the revision application incompetent, but leave to refile granted.
Labour procedure – Notice of Application – compliance with Labour Court Rules 2007 Rule 24(2)(e) (notice to file counter-affidavit) and Rule 24(2)(f) (list/annexure of documents) – defect renders application incompetent. Relief – striking out defective application but granting leave to refile under Rule 55 (exercise of discretion) – interest of expeditious disposal of labour disputes.
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11 March 2020 |
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Victim’s direct testimony corroborated by medical evidence upheld conviction; appeal dismissed due to lack of merit.
Rape — Victim’s direct testimony and medical corroboration; failure to cross-examine at trial estops appellate attack; medical exam proves intercourse, not identity; arrest procedural defects do not in themselves establish fabrication; age stated by victim accepted where unchallenged.
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11 March 2020 |
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An appeal filed more than 60 days from the tribunal’s decision is time-barred; certification of judgment does not extend the period.
Land Disputes Courts Act s.38(1) – sixty-day appeal period to High Court – limitation runs from date of tribunal decision, not certification of copy. Extension of time – proviso to s.38(1) permits extension for good cause; failure to obtain copy may justify application but does not validate late filing without leave. Law of Limitation Act s.3 – mandatory dismissal of proceedings filed after prescribed limitation period whether or not limitation pleaded. Civil procedure – preliminary objection on limitation – appeal dismissed and costs awarded.
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11 March 2020 |
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Application for stay of execution dismissed as sale of the disputed property predated the interim relief sought.
Civil procedure – interim injunctions / stay of execution – timing of application – application overtaken by events where property already sold; stay must be applied for within appeal period and with sufficient reasons – probate proceedings – costs each to bear own.
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11 March 2020 |
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Application for leave to appeal out of time dismissed for failure to account for each day of delay.
Civil procedure – Extension of time – Application for leave to file notice of intention to appeal and certificate on point of law out of time – Requirement to account for each day of delay – Ignorance of law and reliance on legal aid not sufficient cause – Lyamuya principles applied. Probate proceedings – costs: each party to bear own costs.
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11 March 2020 |
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An appeal filed beyond the statutory 45-day limit without extension is incompetent and is struck out.
Criminal procedure — appeal time limits — section 361(1)(a) & (b) CPA — 10-day notice and 45-day appeal periods — extension of time — late filing renders appeal incompetent.
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11 March 2020 |
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Application for extension and leave struck out because the supporting affidavit contained falsehoods; each party to bear own costs.
Civil procedure – extension of time – allegation of illegality can justify extension irrespective of length of delay; supporting affidavit must be truthful and credible. Affidavit law – an affidavit tainted with lies is inadmissible to support an application. Applications – unexplained delay undermines application for extension of time.
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11 March 2020 |
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Leave granted to seek judicial review of alleged procedural unfairness in mining licence rejection.
Judicial review – leave stage screening – whether applicant has arguable case and sufficient interest – six‑month limitation – procedural fairness (audi alteram partem) in mining licence decisions – sufficiency of service and validity of annexures.
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11 March 2020 |
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Applicant's illness and diligence justified court's discretionary grant of extension of time to file an appeal.
Extension of time – discretionary exercise – factors: reason for delay, length of delay, diligence, prejudice – illness as sufficient cause – appeal time limits under Land Disputes Courts Act/Civil Procedure Code.
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11 March 2020 |
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Appeal allowed where trial court decided on unpleaded duress allegations and failed to analyse material evidence, rendering its judgment invalid.
Civil procedure — Pleadings and proof — Party cannot succeed on facts not pleaded; variance between pleading and proof unacceptable. Evidence — Trial court must analyze and weigh exhibits and testimony; failure renders judgment defective. Judgment — A judgment must state analysis of evidence, findings of fact and legal reasoning; otherwise it is invalid. Recovery of loan/overdraft — validity depends on pleaded facts and proved evidence.
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10 March 2020 |
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Trial court erred by deciding on unpleaded duress allegations and failing to analyse evidence; appeal allowed.
Pleadings and proof – a party succeeds only on what is pleaded and proved; inadmissible to decide on unpleaded facts (duress). Evaluation of evidence – trial court must analyse and weigh exhibits (bank statements, agreement, admission letters). Legal sufficiency of judgment – judgment must state grounds, analyse evidence and give findings of fact and law. Civil procedure – variance between pleading and afterthought facts at trial prejudicial and impermissible.
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10 March 2020 |
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Extension of time to file a reference refused for unexplained delay and lack of merit; taxation found proper.
Civil procedure — extension of time — discretion must be exercised judicially (Mbogo factors); delay must be fully accounted for; ignorance of law or procedure is not good cause; alleged illegality must be shown; Taxing Master's taxation held proper.
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10 March 2020 |
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Applicant failed to show sufficient cause for extension of time to challenge the Taxing Master's taxation of costs.
Civil procedure — Extension of time — Discretionary relief — Mbogo factors (length and reason for delay, arguable case, prejudice). Delay — Duty to account for each day of delay; diligence required. Ignorance of law or delay in tracing a ruling is not good cause for extension. Taxation of costs — Taxing Master’s ruling upheld where underlying appeal was dismissed for want of prosecution. Relief refused; application dismissed with no costs (lay litigant).
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10 March 2020 |
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Employees on successive three‑month contracts cannot claim unfair termination under section 35 ELRA; renewals do not aggregate.
Labour law – fixed‑term/short‑term contracts – section 35 ELRA – employees with less than six months’ employment excluded from unfair termination protections; renewal of short contracts does not aggregate service periods.
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10 March 2020 |
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Casual employees out of service when a collective agreement was signed cannot claim benefits under that agreement.
Labour law – retrenchment and terminal benefits; distinction between casual and permanent employees; collective bargaining agreements bind from last signature (s.71(2) ELRA); post‑termination minutes not binding; burden on employee to prove entitlement.
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10 March 2020 |
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Parties settled an occupational-safety appeal by consent; court withdrew the case and ordered each party to bear its own costs.
Civil procedure – Consent settlement – Deed of settlement filed in court – Order XXIII, Rule 3 CPC – Appeal marked withdrawn – Each party to bear own costs; occupational safety administrative penalty resolved by consent.
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10 March 2020 |
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Affidavit lacking specific verification and jurat dates is incurably defective; application struck out, applicant may refile.
Criminal procedure – application to appeal out of time – supporting affidavit must show exact date at verification clause and jurat – defective affidavit incurably invalid – court may strike out incompetent application.
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10 March 2020 |
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Leave to appeal granted on arguable issues about rectification and fraud affecting title, costs in the intended appeal.
Land law — rectification of land register; revocation, grant and re‑grant of Certificate of Title on grounds of fraud — leave to appeal; prima facie/arguable case test for grant of leave to Court of Appeal; extension of time and appellate procedure.
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10 March 2020 |
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Division of matrimonial assets before decree of divorce is unlawful; retrial must resolve marriage dissolution before dividing assets.
Family law – Matrimonial property – Section 114(1) Law of Marriage Act – Division of matrimonial assets only when granting or subsequent to decree of divorce or separation; retrial must comply with appellate directions; orders made before dissolution of marriage are nullity.
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10 March 2020 |
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An appeal against an order extending time is not appealable and was struck out as incompetent.
Civil procedure – Appealability – Order XL Rule 1, Civil Procedure Code (Cap 33 R.E. 2002) – Orders extending time are not appealable; incompetent appeals struck out; effect of concession on preliminary objection.
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10 March 2020 |
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Trial court correctly weighed domestic contributions and children's welfare; appeal against asset division and custody dismissed.
Family law – division of matrimonial property – section 114 LMA – monetary and non‑monetary (domestic) contributions and improvements during marriage. Family law – custody of children – section 125 LMA – paramountcy of child's welfare and consideration of established living arrangements. Evidence – admissibility and cross‑examination – burden to prove improper admission and to rebut credibility findings under Evidence Act.
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10 March 2020 |
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Appeal dismissed: child's credible evidence, corroborative medical evidence and uncross‑examined confession upheld conviction.
Criminal law – Rape of a child – Credibility of child witness under s.127(7) Evidence Act; corroboration by medical evidence (PF3); admissibility and effect of uncross‑examined cautioned statement; failure to cross‑examine treated as acceptance; afterthought defences not entertained on appeal.
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10 March 2020 |
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Leave to appeal granted where procedural complaints raise legal questions on assessors' change and overriding-objective versus mandatory rules.
Civil procedure – Leave to appeal – Discretionary remedy granted where impugned judgment raises important legal questions requiring Court of Appeal guidance. Land law – Procedural irregularities – Change of assessors without reasons and its effect on tribunal jurisdiction. Civil procedure – Overriding-objective principle versus mandatory procedural provisions – whether overriding-objective may displace mandatory rules.
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10 March 2020 |
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An appellant's failure to comply with a court-ordered extension rendered the appeal time-barred and struck out.
Criminal appeal – extension of time – compliance with court-ordered filing deadlines – late filing while in custody – incompetence and striking out of appeal – leave to apply for further extension.
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10 March 2020 |
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A party’s wish for legal representation cannot confer jurisdiction, but transfer to District Court ordered in interests of justice.
Civil procedure — jurisdiction — pecuniary and subject‑matter limits of Primary and District Courts; legal representation cannot confer jurisdiction; third‑party joinder governed by Civil Procedure Code and may justify transfer in interests of justice.
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10 March 2020 |
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Application for judicial review struck out because counsel-sworn affidavit failed to verify facts or disclose sources.
Public procurement — judicial review — supporting affidavit must verify facts and disclose sources; advocate may swear affidavit only on matters of personal knowledge; advocate cannot act as both counsel and witness on undisclosed-source facts; procedural requirement to join Public Procurement Appeals Authority under s.101(2).
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10 March 2020 |
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Court granted a six‑month extension under s.5(41)(c) GN 381 after the speed track expired and no party was to blame.
Civil procedure – Extension of time – Assigned speed track expired – s.5(41)(c) GN 381 of 2019 (Cap.33) – Extension where neither party to blame – Court’s discretionary power to extend time not exceeding half the period of the assigned speed track.
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10 March 2020 |
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Extension of time under s.5(41)(c) granted where speed-track expired and neither party was at fault.
Civil procedure – Speed-track procedure – Extension of time under section 5(41)(c) of GN 381 of 2019 (Cap.33) – Applicable where assigned speed track expires and neither party is to blame; court may extend time not exceeding half the assigned period. Judicial discretion – Proper exercise when neither party responsible for delay. Procedural fairness – Objection of abuse of process considered but outweighed by statutory provision and facts.
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10 March 2020 |
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Ex parte judgment upheld where summon endorsement proved refusal of service and application to set aside was time-barred.
Civil procedure – ex parte judgment – service by local leader endorsement – refusal to accept service establishes waiver of right to be heard. Civil procedure – application to set aside ex parte judgment – six-week limitation under G.N. 311/1964 – time bar. Natural justice – alleged breach cannot succeed where service was properly proved and statutory time limits elapsed.
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10 March 2020 |
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The court upheld the respondent's defamation finding but reduced the excessive damages to TShs.20,000,000.
Defamation (slander) – elements: publication, defamatory imputation, proof of damage; publication to third parties established.* Damages for defamation – factors for assessing quantum; appellate power to reduce excessive awards.* Appellate review – duty to re-evaluate trial evidence and exercise discretion on quantum of damages.
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10 March 2020 |
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Appellate court upheld defamation finding but reduced excessive damages from TShs 100,000,000 to TShs 20,000,000.
Defamation (slander) – publication to third parties – quantum of damages – appellate reduction for excessive award – civil liability for defamatory statements about land ownership.
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10 March 2020 |
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Applicants charged with firearms-related economic offences granted bail where no DPP certificate or s.36(4) bar existed.
Criminal procedure – Bail pending trial under EOCCA s.36 – Presumption of innocence and discretionary nature of bail; DPP certificate and s.36(4) exceptions. Economic/Firearms offences – bail conditions (cash or property security, sureties, surrender of travel documents, reporting and movement restrictions).
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10 March 2020 |
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Proved ill‑health can constitute sufficient cause to set aside an ex‑parte judgment and protect the right to be heard.
Civil procedure – Setting aside ex‑parte judgment – Ill‑health supported by medical evidence as sufficient cause – Judicial discretion – Right to be heard (audi alteram partem) – District Land and Housing Tribunal.
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10 March 2020 |
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The applicant's tort claim filed more than three years after the cause of action arose is time-barred and dismissed.
Civil procedure – preliminary objection – time bar under Law of Limitation Act, Cap. 89 R.E.2002 – tortious claims limited to prescribed period; failure to file ordered written submissions permits ex parte determination. Civil procedure – plaint requirements – alleged breach of Order VII r.1(f) (jurisdictional facts) not considered after dismissal on time bar.
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10 March 2020 |
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Secretary's name in Coram does not prove participation; concurrent factual findings on ownership affirmed; appeal dismissed.
Land disputes — Coram and role of Ward Tribunal secretary — Secretary is record-keeper, not member; appearance in Coram does not prove participation; Quorum governed by Ward Tribunals Act s.4(3); Tribunal composition under Land Disputes Courts Act s.11 relates to formation not Coram particulars; Appellate interference with concurrent factual findings limited — misapprehension required; Burden of proof in ownership disputes — s.119 Evidence Act places on party denying ownership.
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9 March 2020 |
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Leave to file an appeal out of time granted due to advocate’s clerical errors; clients not penalized for counsel’s negligence.
Land law – Extension of time to file appeal – Leave under section 41(2) Land Disputes Courts Act – Advocate’s clerical errors and negligence as sufficient cause – Protection of clients’ right to be heard and right of appeal.
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9 March 2020 |
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Extension of time granted where incarcerated applicant timely prepared appeal documents but prison filing errors caused delay.
Criminal Procedure Act s.361(2) – extension of time to appeal – good cause – incarcerated appellant’s reliance on prison admission office – inadvertent filing at wrong forum.
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9 March 2020 |
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A DPP's notice of intention to appeal improperly titled is incurably defective, rendering the appeal incompetent and struck out.
Criminal procedure – Notice of intention to appeal – Title and format of notice – Court of Appeal prescription that notices to the High Court be titled "In the High Court of Tanzania" even when filed in subordinate court. Section 379(1)(a) CPA – Notice by DPP institutes an appeal – defects in such notice affect competence of appeal. Precedent – DPP v. Sendi Wambura and Farijala Shaban Hussein – consistency and application; defect held incurable where precedent predated filing. Preliminary objection – competence – consequence: appeal struck out.
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9 March 2020 |
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Conviction quashed where appellants were convicted of uncharged offences without plea to amended charges.
Criminal procedure – alteration or substitution of charge – duty to take fresh plea on amended charge – omission renders trial a nullity (Criminal Procedure Act ss.228, 234). Admissibility of cautioned statements – requirement for trial-within-a-trial where objected. Identification evidence – adequacy and need for identification parade where identity is in issue. Appellate/revisional powers – quashing convictions and setting aside sentences where procedural irregularities and weak prosecution case.
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9 March 2020 |
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Application for extension to file a caveat struck out because the supporting affidavit contained hearsay, argument and scandalous allegations.
Probate procedure; caveats—timing under Rule 82(2A) and Section 58; affidavits—must state facts within deponent's personal knowledge; hearsay inadmissible unless supported; argumentative, opinionative or scandalous averments in affidavits may be expunged or, if substantive, render application unsalvageable; verification defects generally curable.
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9 March 2020 |
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An application for extension to seek stay of execution was withdrawn as overtaken by events and allowed without costs.
Civil procedure – application for extension of time to seek stay of execution – withdrawal of application as overtaken by events – court permits withdrawal and marks application withdrawn without costs; reassignment of judge notified.
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9 March 2020 |
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Appeal allowed in part: insurer liable but trial award reduced from Tshs 70,000,000 to Tshs 25,000,000 due to lack of reasons and excessive quantum.
Motor vehicle accidents – passenger injuries – evidential inconsistencies – materiality of contradictions; Motor Vehicle Insurance Act – insurer liability where coverage not contested; Assessment of general damages – requirement for judicial reasons and appellate power to adjust excessive awards.
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9 March 2020 |
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Speculative and hearsay evidence failed to prove sale of bricks; appeal dismissed.
Civil procedure – burden of proof in civil cases (s.110 Evidence Act) – requirement for direct/admissible evidence (s.62 Evidence Act) – hearsay and unproven telephone conversation not competent proof – assumptions and speculation cannot ground civil recovery.
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9 March 2020 |
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Suspicion and last-seen circumstances alone insufficient to convict; prosecution failed to prove murder beyond reasonable doubt.
Criminal law — Murder — Circumstantial evidence; last-seen and absence/suspicion; burden of proof beyond reasonable doubt; suspicion insufficient for conviction.
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9 March 2020 |
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Accused convicted of manslaughter (not murder), court considered infanticide provisions and mitigatory factors in sentencing.
Criminal law – Manslaughter v. infanticide – application of sections 195, 199 and 200 of the Penal Code; malice aforethought requirement Sentencing – discretion under section 198 (maximum life) and consideration of mitigation and remand credit Mental/physical condition after childbirth – impact on culpability under infanticide provision (section 199)
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9 March 2020 |
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Court convicted three accused of attempted murder—two as direct attackers and one under common intention; second accused acquitted.
Criminal law – Attempted murder – identification in daylight – reliability of eyewitness and independent witness evidence; Common intention (s.22(1)(d) Penal Code) – liability of a leader who procures/commands an attack though not physically striking; Defence of alibi – requirement to corroborate and authenticity of documentary exhibits (bus tickets); Sentencing – statutory life term mitigated to fixed terms on facts.
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9 March 2020 |
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Applicant charged under EOCCA granted bail with deposit, bonded sureties, reporting obligations and surrender of travel documents.
Criminal procedure — Bail under the Economic and Organized Crime Control Act (EOCCA) — bailability of offences; application to High Court under s.29(4) where subordinate court lacks power to grant bail; bail conditions guided by s.36(5) EOCCA — cash deposit or security, bonded sureties, reporting requirements, verification by subordinate court, surrender of travel documents.
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9 March 2020 |
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An execution order that finally determines a matter is appealable, but the appellant’s appeal was time-barred under the 45-day limit.
Civil procedure — Execution orders — appealability: execution orders that finally determine the suit are appealable under s.74(2) CPC; Limitation — where no specific appeal period prescribed, 45-day limit under the Law of Limitation Act applies; Appeal struck out as time-barred.
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9 March 2020 |
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Irregular assessor replacement and unprocedural locus visit vitiated tribunal proceedings; entire proceedings nullified and retrial ordered.
Land Disputes Courts Act s.23 – composition of District Land and Housing Tribunal – assessors must be present from commencement and give opinions before judgment. Procedural irregularity – replacement of assessors and failure to record assessors’ opinions – renders proceedings a nullity. Locus in quo – visit must follow Nizar guidelines (attendance, notes, recall of witnesses, reassembly) or will vitiate proceedings. Overriding objective cannot cure fundamental procedural defects – retrial ordered.
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6 March 2020 |
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Child’s unqualified testimony inadmissible; remaining circumstantial evidence insufficient to prove rape, conviction quashed.
Evidence Act s.127(2) – tender‑aged witness – requirement to find lack of understanding of oath or to obtain promise to tell truth; inadmissibility and expunging of child testimony. Circumstantial evidence – where primary witness evidence is expunged, remaining circumstantial evidence must establish a single compelling inference of guilt. Criminal appeal – conviction quashed where evidentiary defects render proof inadequate.
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6 March 2020 |