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Citation
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Judgment date
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| March 2020 |
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Court stayed execution of a tribunal decree under Order XXI Rule 27 pending determination of a related appeal; costs borne by parties.
Stay of execution — Order XXI Rule 27 CPR — Application under section 95 CPC — Pending appeal in High Court — Decree issued by District Land and Housing Tribunal — Costs: parties to bear own costs.
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6 March 2020 |
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Trial and appellate judgments were quashed for inadequate reasons, misapplication of maintenance law, failure to assess contributions, and assessor procedural defects.
Civil procedure – adequacy of judgment – requirement for concise statement of evidence, points of determination and reasons. Family law – division of matrimonial property – necessity to ascertain parties’ contributions under s.114 Law of Marriage Act. Family law – maintenance of issue – matrimonial maintenance governed by Law of Marriage Act, not Persons with Disabilities Act in matrimonial causes. Primary Courts – requirement to consult and record assessors’ decision and signatures; failure renders proceedings defective and may require retrial.
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6 March 2020 |
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Applicant failed to prove good cause for extension of time; negligence and unsupported facts do not justify enlargement.
Extension of time – Law of Limitation Act s.14(1) – requirements for "good cause" – Lyamuya factors – need to account for each day of delay – evidence required to prove reasons for delay (advocate's illness, inability to travel) – negligence of counsel not sufficient – illegality of decision not raised.
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6 March 2020 |
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High Court grants extension under s.361(2) to file appeal where the respondent does not oppose; notice due in 30 days.
Criminal procedure – Extension of time to file appeal – Section 361(2) Criminal Procedure Act – Exercise of discretion where respondent does not oppose – Notice of appeal to be filed within 30 days.
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6 March 2020 |
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Leave to appeal granted to determine disputed legal ownership and alleged procedural irregularities regarding assessors and evidence.
Land law – leave to appeal – discretionary grant where grounds disclose contentious/arguable issues; ownership dispute over deceased's property; procedural irregularity – assessors' written opinions and evidence evaluation.
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6 March 2020 |
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An out‑of‑time, uncorroborated retracted cautioned statement and witness contradictions vitiated the conviction.
Criminal procedure – cautioned statement – recording within statutory four‑hour period (s.50 CPA) – delay unexplained renders statement inadmissible; voluntariness – allegations of torture require reasoned inquiry; retracted confession requires corroboration; contradictions in prosecution witnesses raise reasonable doubt.
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6 March 2020 |
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District Court judgment lacked reasons and Primary Court judgment lacked assessors’ signatures; both decisions quashed, rehearing ordered.
Civil procedure – Judgment requirements – First appellate court must state concise case, points for determination and reasons; Primary Court assessors – mandatory participation and signature; absence of assessors’ signatures renders proceedings a nullity; remedy – quash and order rehearing.
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6 March 2020 |
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District Court lacked jurisdiction; plaint struck out and parties ordered to return to Primary Court for hearing.
Civil procedure – Transfer of case from Primary Court to District Court – Jurisdictional limits – Preliminary objection – Dismissal versus striking out – Where transfer initiated by higher court, matter should be remitted to originating court when jurisdiction lacking.
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6 March 2020 |
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Bail refused: trafficking in narcotic drugs is non-bailable under the law in force when offence occurred.
Criminal law – Narcotic drugs – trafficking under Section 16(1)(b) – Bail pending trial – Whether trafficking is non-bailable under Section 27(1)(a) read with Section 148(5)(a)(ii) CPA. Statutory interpretation – Section 27(1)(b) applies to possession/value-limited offences, not trafficking. Constitutional law – Article 13(6)(c) and non-retroactivity of amended bail provisions.
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6 March 2020 |
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Review dismissed as an impermissible appeal; no apparent error on the face of the record.
Labour law — Review v. appeal — Scope of review under Rule 27 — Error apparent on face of record — Drawn order must reflect ruling — Identity of employer in retrenchment disputes — Quashing CMA award where retrencher not the employer.
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6 March 2020 |
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Convictions quashed where visual identification was unsafe and cautioned statements were materially inconsistent with the charge.
Criminal law — Visual identification — Evidence must be watertight; courts must consider duration, distance, light, opportunity to observe and earliest opportunity to identify. Criminal procedure — Cautioned statements — Must be properly recorded, correspond to charged offences and be reliable; variance with charge sheet may render statements inadmissible. Evidence — Documentary/medical exhibits (PF3) must be read and explained to accused when tendered; failure affects admissibility/weight. Appeal — Convictions unsafe where identification and statement evidence are materially defective.
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6 March 2020 |
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Applicant granted 45-day extension to file appeal due to late supply of trial judgment.
Criminal Procedure Act — s.359(1) notice of intention to appeal; s.361(1)(b) computation of time after receipt of judgment; s.361(2) extension of time; late supply of judgment as ground for extension; natural justice — right to be heard.
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6 March 2020 |
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An application for leave to appeal is incompetent and struck out absent a sworn affidavit showing a notice of appeal was lodged.
Court of Appeal Rules, 2009 – Rule 46(1) – leave to appeal – requirement that notice of appeal be lodged prior to application; Evidence – affidavit requirement – necessity to aver lodging of notice of appeal in sworn affidavit; Procedural competency – inability to rely on counsel’s oral assertion in lieu of sworn evidence; Striking out – procedural incompetence as ground for striking out application.
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6 March 2020 |
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Rape conviction quashed where 16‑year‑old victim’s unsworn, uncorroborated testimony made conviction unsafe.
Criminal law – Rape – admissibility of evidence – unsworn testimony of a 16‑year‑old – Evidence Act (s.127) requires oath and, where unsworn, corroboration; uncorroborated unsworn evidence cannot ground a conviction; procedural defects in tendering PF3 and reading charge at preliminary hearing noted.
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6 March 2020 |
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An omnibus, conflicted and time‑barred labour application was struck out on preliminary objections.
Labour law — omnibus/competency of application; preliminary objections — improper/multipronged reliefs in one summons; limitation — s.91(1)(a) ELRA (six weeks) and jurisdiction; conflict of interest and locus of representative; striking out incompetent proceedings.
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6 March 2020 |
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Termination held substantively and procedurally unfair; relief limited to statutory ELRA benefits, award reduced to T.shs. 9,000,000/-.
Employment law – unfair termination – substantive fairness (absconding/absenteeism) – employer’s burden to prove with attendance records; change of particulars/transfer – mandatory consultation under s.15(4) ELRA; procedural fairness – requirement for investigation and disciplinary hearing; arbitrator’s powers – cannot award unpleaded or unsupported benefits; remedies – statutory entitlements under ELRA (notice, compensation, leave, severance, transport, certificate).
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6 March 2020 |
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6 March 2020 |
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An administratrix lacks locus to bring objection proceedings; application struck out as abuse of court process.
Civil procedure – Order XXI r.57(2) – stay/postponement of sale pending objection; Locus – administratrix/administrator stands in shoes of deceased and cannot be third‑party objector in objection proceedings; Abuse of process/multiplicity of proceedings – repeated applications after dismissal/striking out; Attachment/‘matrimonial home’ issues to be determined in proper objection proceedings.
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6 March 2020 |
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An administratrix cannot prosecute objection proceedings as a third‑party objector; application struck out for lack of locus and abuse of process.
Civil procedure — Order XXI Rule 57(2) — application to postpone sale pending investigation of objection. Probate law — Section 99 Probate and Administration of Estates Act — administrator/executor stands in deceased’s shoes and is legal representative. Locus standi — administratrix cannot be a third‑party objector in execution proceedings. Civil procedure — abuse of process/multiplicity of proceedings — prior dismissed/struck applications relevant to maintainability. Matrimonial property — substantive claim left undecided where preliminary objection disposes of the application.
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6 March 2020 |
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Court acquitted six accused because identification and retracted confessions lacked corroboration and evidence failed to prove guilt.
Criminal law – Murder – Burden of proof beyond reasonable doubt – Circumstantial evidence must be cogent, of definite tendency and form a complete chain. Evidence – Identification – contradictions on material points weaken identification at night. Confessions – Retracted caution statements require corroboration; confessions of co-accused cannot corroborate one another (s.33(2) Evidence Act). Common intention – cannot be inferred without credible supporting evidence. Procedure – Alibi without statutory notice (s.194 CPA) is of no weight. Investigation practice – Use of audio/video recording of interviews under amended s.57 CPA recommended.
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6 March 2020 |
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Emergency search for cattle that escaped the kraal negates mens rea; convictions for entry and grazing quashed.
Wildlife offences – unlawful entry and grazing in game reserve – generally strict liability but mens rea may be required in emergency situations; Necessity/emergency as a defence — search for cattle escaped from kraal; Proprietary responsibility for grazing — owners not liable where animals stray without being put or caused to graze.
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6 March 2020 |
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A prisoner's certified statement that he handed appeal documents to prison authorities can establish good cause to extend filing time.
Criminal procedure – extension of time under s.361(2) CPA – good cause – prisoner compliance with s.363 CPA by presenting petition to officer in-charge – evidentiary weight of prison officer certification – missing prison documents.
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6 March 2020 |
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Allocation and registration without compensating a customary occupier are unlawful; matter remitted for rehearing with necessary parties joined.
Land law – double allocation – allocation and registration unlawful where customary occupier not compensated prior to re‑allocation; Compensation and relocation – customary occupancy requires compensation before allocation; Parties – necessity to join allocator (District Executive Director) in disputes over allocation; Procedure – validity of representation by power of attorney and irregularity in assessors’ composition and recorded opinions; Planning law – compliance with Town and Country Planning/publication requirements in allocation process.
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6 March 2020 |
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Appellate court held Insurance Ombudsman process optional and trial magistrate erred in dismissing plaint for lack of cause of action.
Insurance law – Insurance Ombudsman optional; no mandatory exhaustion absent regulation; Ombudsman award limit; Civil procedure – Order 1 Rules 6,7 (joinder) and Rule 14 (third‑party) – third‑party notices initiated by defendants; plaint lacking cause of action – remedy is striking out (Order 1 Rule 2), not dismissal; necessary party – insurer may be properly joined and sued.
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6 March 2020 |
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Court granted extension to file notice of appeal after a prison authority's clerical error rendered the initial notice defective.
Criminal procedure – extension of time to file Notice of Appeal – good cause required. Notice of Appeal – defective notice due to wrong court citation – clerical error by prison authority. Reliance on prison authority – applicant’s diligence and interests of justice justify extension.
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6 March 2020 |
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Convictions quashed where failure to read admitted documents and discharge of co-accused created reasonable doubt.
Criminal law – wildlife offences – unlawful entry, weapons and possession of government trophies – requirement to read over admitted documentary evidence to accused. Evidence – competence and character of witnesses – park rangers’ direct evidence and admissibility. Prosecution practice – withdrawal/discharge of co-accused after testimony and effect on remaining accused; potential double standard and reasonable doubt. Jurisdiction – necessity of DPP consent and certificate for subordinate court to try economic offences.
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6 March 2020 |
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Time for executing an ex parte decree runs from dismissal of set‑aside application; only the decree holder may execute it.
Limitation of actions – execution of decree – time for running of limitation where ex parte judgment was subject of set‑aside application; locus standi – administrator of judgment debtor cannot execute decree issued against that debtor; preliminary objection on limitation – correct to dismiss if execution application within limitation.
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5 March 2020 |
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Illegal seizure by military without warrant created reasonable doubt, warranting quashing of conviction and release of the appellant.
Criminal procedure – search and seizure – section 38 Criminal Procedure Act – powers of police exclusive; illegal seizure by military renders evidence connection questionable; expert identification vs Government Chemist report; chain of custody; proof beyond reasonable doubt.
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5 March 2020 |
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The Attorney General may be joined and intervene in proceedings involving a government-owned entity to protect government interests.
Attorney General – intervention and joinder – authority to represent Government interests under the Office of the Attorney General (Discharge of Duties) Act – right of audience where government-owned entity is a party; Civil Procedure – Order XLIII Rule 2 – joinder/intervention – affidavit evidence and absence of counter-affidavit.
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5 March 2020 |
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Whether a fifteen‑metre urban railway stripe (at time of grant) governs encroachment and demolition of the applicant's structures.
Land law – railway reserve (railway stripe) – applicable width measured from centreline at time of grant; urban railway stripe = 15 metres (at time of grant) – encroachment assessed against applicable historic measurement – unlawful structures within the applicable railway stripe subject to demolition without further notice.
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5 March 2020 |
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Ignorance of law is not sufficient cause to grant extension of time in labour dispute proceedings.
Labour law – extension of time/condonation – ignorance of law is not a sufficient cause – applicant must account for delay under Lyamuya guidelines; prior conduct undermining claims of ignorance; jurisdictional filing requirements.
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5 March 2020 |
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Appellant failed to prove joint acquisition; appeal against distribution of matrimonial property dismissed.
Family law – distribution of matrimonial property; burden of proof under s.110 Evidence Act; admissibility of new evidence on appeal; s.114(1) and s.56 Law of Marriage Act; effect of failure to file court‑ordered written submissions (ex parte determination).
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5 March 2020 |
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Appellant failed to prove joint acquisition of matrimonial property; appeal dismissed for lack of evidence.
Family law – distribution of matrimonial property – claim for equal distribution under section 114(1) of the Law of Marriage Act – requirement to prove joint acquisition. Evidence – burden of proof in civil claims – section 110 Evidence Act: he who alleges must prove. Appellate procedure – appellate court cannot admit new evidence unless tendered at trial. Civil procedure – failure to comply with court-ordered written submissions – ex parte determination.
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5 March 2020 |
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An ex-wife without beneficiary status cannot remove the Administrator-General; seek court directions under section 30 instead.
Probate and Administration – removal of administrator – whether Administrator-General removable under s.49(1)(e) – effect of s.49(2). Administrator-General – statutory role and powers under the Administrator-General (Powers and Functions) Act and s.5(1) appointment pendente lite. Locus standi – qualification of an applicant (ex-wife/divorcee) to be appointed administratix. Remedies – where Administrator-General's administration is disputed, application for directions under s.30 is appropriate.
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5 March 2020 |
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An ex-wife lacked standing and failed to prove grounds to remove the Administrator-General; application dismissed with costs.
Probate law – Removal of administrator – Whether Administrator-General removable under s.49(1)(e) of the Probate and Administration of Estates Act – Administrator-General exempted by s.49(2). Locus standi – A divorcee/ex-wife not shown to be a beneficiary lacks standing to seek appointment as administratrix. Probate procedure – Duty to file inventory and accounts under s.107; allegations of misapplication require proof. Remedies – Court may give directions to Administrator-General under s.30 of The Administrator-General (Powers and Functions) Act.
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5 March 2020 |
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Appeal dismissed for adjudication due to missing written judgments; file remitted for the District Court to compose or rehear and decide.
Matrimonial property dispute – absence of written Primary and District Court judgments – appellate review precluded by missing record. Oral/verbal judgment alleged – necessity of written judgment for appeal and proper record. Remittal to trial court to compose judgment or reassignment for fresh hearing where magistrate unavailable.
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5 March 2020 |
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Appeal dismissed as time-barred for being filed outside the 60‑day limit without prior leave despite delay in obtaining judgment copies.
Civil procedure – Appeals from District Land and Housing Tribunal – 60-day limitation under section 38(1) of the Land Disputes Courts Act – requirement to seek leave to file out of time.* Limitation law – section 19(2) Law of Limitation Act – time for obtaining copies of judgment may be excluded but exclusion is not automatic; party must apply for extension of time.* Preliminary objection – incompetence for being time-barred – dismissal with costs.
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5 March 2020 |
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Applicant failed to prove malice or absence of probable cause in malicious prosecution claim; appeal dismissed, no costs.
Malicious prosecution — necessary elements (institution, lack of reasonable and probable cause, malice, termination in favour) — burden on plaintiff to prove all elements; evidentiary requirement to produce primary court proceedings; reasonable and probable cause where alleged land invasion, reliance on Ward Executive advice and Ward Tribunal decision.
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5 March 2020 |
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Appellant failed to prove the property was matrimonial; trial court erred in ordering division and appeal is dismissed.
Family law – Division of matrimonial assets – Burden of proof on party alleging property is matrimonial – Section 114 Law of Marriage Act – Trial court erred in ordering division absent proof – Scope of second appeal: interference only for misappreciation of evidence causing miscarriage of justice.
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5 March 2020 |
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Accused committed the killing but was found legally not responsible due to insanity and ordered detained in a mental hospital.
Criminal law – insanity defence – presumption of sanity (s.12 Penal Code) and non‑responsibility where mental disease renders one incapable of understanding or controlling acts (s.13 Penal Code). Criminal law – mens rea/malice aforethought – absence of malice where accused was insane at time of killing. Evidence – role of psychiatric report and assessors’ unanimous opinion in establishing insanity. Procedure – detention as criminal lunatic and statutory reporting under Criminal Procedure Act ss.219 & 220.
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5 March 2020 |
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Extension application dismissed as time‑barred under statutory 60‑day limit and supported by a defective affidavit.
Limitation — Item 21 Part III, Schedule to the Law of Limitation Act — 60 days for applications after expiry of initial 14 days; mandatory and not displaced by the overriding objective. Affidavit formalities — verification clause must be properly dated and all paragraphs verified; unverified paragraphs render the affidavit defective. Section 97 Civil Procedure Code — does not permit curing defective affidavits filed by parties. Overriding objective — cannot be used to circumvent mandatory procedural time bars.
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5 March 2020 |
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Court refused certification for appeal, finding proposed points irrelevant and the reference properly dismissed as time-barred and wrongly filed.
Civil procedure — certification of points of law for appeal — screening function to admit matters of legal significance only; Limitation — court may raise and decide jurisdictional (time-bar) issues suo motu; Taxation of costs — challenges governed by Advocates Remuneration Order, not section 77 CPC; Leave to appeal — refusal where proposed points are irrelevant to impugned order.
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5 March 2020 |
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Appellate court found WILL invalid, land remained part of deceased's estate, appeal dismissed with costs.
Land law – ownership dispute over land allegedly bequeathed by deceased – admissibility and validity of WILL under G.N. No.436/1963 (Rule 5). Civil procedure – res judicata – requirement of same parties. Limitation – recovery of land following death – accrual of right and continuing disputes affecting time bar. Evidence – evaluation of documentary and oral evidence; effect of missing formalities and inconsistent testimony. Jurisdiction – limits of Land Tribunal regarding probate issues but power to assess documents admitted in evidence.
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5 March 2020 |
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The applicant failed to prove sufficient cause for a four-year delay; revision of CMA dismissal is refused.
Labour law – condonation/extension of time – applicant must account for entire delay, show diligence and produce evidence of reasons; procedural irregularity of late defence not necessarily fatal where filing is discretionary under GN No.64/2007; burden of proof lies on applicant to substantiate alleged negotiations or promises.
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5 March 2020 |
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The applicant's claim was time-barred; limitation ran from the 2001 land transaction despite earlier preliminary objection ruling.
Limitation of actions – accrual and computation – cause of action arising from 2001 land transaction – limitation runs from date of accrual; exceptions under s.44 Law of Limitation Act considered but not made out. Civil procedure – effect of overruling preliminary objections – tribunal not functus officio where limitation remains for proof under framed issues. Evidence – proof of grant of letters of administration requires production of document (s.100 Evidence Act); judicial notice under s.58 Evidence Act inapplicable for such grants.
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5 March 2020 |
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Application struck out for lack of proper chamber summons and a defective affidavit verification clause.
Labour procedure – requirement to file and serve chamber summons with notice of application; Affidavit verification – Order XIX Rule 3 CPC requires facts of knowledge and, where belief is pleaded, grounds for belief must be stated; Procedural irregularities and late-filed documents may render an application incompetent.
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4 March 2020 |
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Delay caused by applicant's counsel and employee's failure to inform constituted sufficient cause to extend time to appeal.
Civil procedure — Extension of time — Sufficient cause — Delay attributable to advocate and employee failing to inform applicant — Leave to appeal granted with a fourteen-day filing period.
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4 March 2020 |
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An appellate court erred by entertaining a time‑barred appeal from a Primary Court absent an application for leave to appeal out of time.
Appeals from Primary Courts — Time limit for appeal in matrimonial matters — Section 80(2) Law of Marriage Act (45 days) — Time runs from delivery of judgment — Petition of appeal suffices without possession of judgment copy — Leave to appeal out of time under rule 3, Civil Procedure (Appeals in Proceedings Originating in Primary Courts) Rules GN.312 of 1964 — Overriding Principle/equity cannot excuse statutory non-compliance.
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4 March 2020 |
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Deputy Registrar’s reference under Rule 9 was misused after dismissal of a jurisdictional objection; Taxing Master’s ruling set aside.
Advocates Remuneration Order (Rule 9) – power of Deputy Registrar/Taxing Master to make references; Preliminary objection – jurisdiction once raised, argued and dismissed cannot be re‑opened before same officer; Procedure – improper reference after ruling; Remedy – revision and remittal to Deputy Registrar to compose ruling.
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4 March 2020 |
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Appellate court excluded Mkolemba house from division, adjusted property split to 40/60 and awarded custody of children to the appellant.
Family law – Division of matrimonial property – Identification of matrimonial assets and factors under section 114 Law of Marriage Act – contribution and needs of children. Family law – Custody of children – Best interests principle, section 125 LMA and Law of the Child Act (s.39) – preference for keeping children with mother unless unfit. Appellate review – reallocation of property shares where evidence shows mis-assessment. Maintenance – appellate restraint where trial court decision unchallenged on record.
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4 March 2020 |