|
Citation
|
Judgment date
|
| April 2020 |
|
|
A third party's objection properly released a matrimonial house from attachment; appellate court misapplied evidence and attachment law.
Civil procedure – Attachment – Third-party (Rule 70) objection to attachment – Procedure and relief available. Evidence – Validity of sale agreement – absence of advocate/magistrate witness or stamp not automatically fatal. Execution law – Protection of matrimonial/home occupied by judgment debtor, spouse and dependents – not subject to attachment (Fourth Schedule, Magistrates Courts Act).
|
30 April 2020 |
|
Appellate court unjustifiably excluded a jointly acquired house and disturbed an otherwise equal division of matrimonial assets.
Matrimonial property – division of assets – when assets acquired jointly during marriage ordinarily divided equally – appellate interference requires reasoned justification. Evidence – burden of proof (s.110(1) Law of Evidence Act) – trial court better placed to assess credibility and acquisition of property. Appellate review – appellate court must give reasons when disturbing trial court findings. International instruments – CEDAW and Maputo Protocol support equitable sharing of joint marital property.
|
30 April 2020 |
|
High Court directs District Land and Housing Tribunal to revise conflicting Ward Tribunal judgments and stay executions pending locus inspection.
Land law – conflicting ward tribunal judgments – preliminary objection of res judicata – duty to address preliminary objection – revisional jurisdiction of District Land and Housing Tribunal under Land Disputes Courts Act – calling for records and visiting locus in quo – stay of execution pending revision.
|
30 April 2020 |
|
Applicant granted extension of time to lodge appeal; each party to bear its own costs.
Civil procedure — Extension of time under Order 14(1) — Promptness and diligence in filing application — Technical strike-out of earlier appeal — No order as to costs.
|
30 April 2020 |
|
Absence of a family meeting does not bar appointment of an estate administrator; statutory Form 1 and notice rules must be followed.
Probate and administration — clan/family meetings: encouraged but not mandatory; Form 1 and citation under Primary Courts (Administration of Estates) Rules G.N.49/1971 (rules 3, 5(2), 6) required; proper service of notice as summons; court may order advertisement; rehearing ordered where lower courts applied wrong legal principle.
|
30 April 2020 |
|
Uncontested credible illness and caregiving reasons justified a 14‑day extension to file for leave to appeal.
Civil procedure – Extension of time – Section 14(1) Law of Limitation Act – sufficient cause shown where delay due to illness and caregiving travel is credible and uncontroverted.* Procedural consequence of respondent's failure to file counter-affidavit or appear – ex parte grant of relief.
|
30 April 2020 |
|
Tribunal's suo motu non‑joinder and failure to read assessors' opinions breached fair hearing; proceedings quashed and remitted.
Civil procedure – Revision vs appeal – revisionary jurisdiction not a substitute for appeal except in special circumstances. Natural justice – Courts must decide on issues pleaded; raising and determining new issues suo motu without hearing parties vitiates judgment. Land tribunals – Requirement to read assessors' written opinions to parties; failure renders judgment nullity. Procedure – Importance of recording locus in quo visits and proper tribunal procedure. Parties – Criteria for necessary party/non‑joinder and effect of wrongful striking out.
|
30 April 2020 |
|
Appellate tribunal wrongly dismissed appeal for misjoinder instead of permitting amendment, violating the appellant’s right to be heard.
Land appeal — Misjoinder/non-joinder of parties — Not fatal — Order 1 Rule 9 Civil Procedure Code — Amendment/striking out as remedy — Right to be heard — Appellate tribunal's duty to permit amendment and determine appeal on merits.
|
30 April 2020 |
|
Mandatory conciliation certificate upheld; divorce, custody and maintenance orders sustained on welfare and statutory grounds.
Law of Marriage Act s.101 – mandatory referral to Marriage Conciliation Board; validity of conciliatory certificate (Form No.3); proof of irretrievable breakdown of marriage; custody determined by child’s welfare (s.125); father's duty to maintain child (s.129(1)).
|
30 April 2020 |
|
Delay to trace supporting documents is not sufficient reason for extension of time; court calls tribunal records for revision.
Civil procedure – application for extension of time – requirement to show sufficient cause; delay to obtain documents not automatically good cause. Evidence – appellate procedure – prohibition on tendering fresh evidence on appeal; power to order additional evidence under section 42, Land Disputes Courts Act (Cap. 216). Revisionary jurisdiction – invocation of section 43(3), Land Courts Act, to call tribunal records where proceedings are irregular.
|
30 April 2020 |
|
|
30 April 2020 |
|
Plaintiff proved ownership but failed to prove defendant’s demolition or statutory compliance for extensions; suit dismissed with no costs.
Land law – proof of right of occupancy by letter of offer and payment receipts – section 33(1) Land Act. Development control – building permit mandatory before erection/extension – Regulation 124(1) GN 242/2008. Civil evidence – burden of proof in civil claims – section 110 Evidence Act; plaintiff must prove defendant’s responsibility for demolition. Damage claims – entitlement requires proven causal link and liability before awarding compensation.
|
30 April 2020 |
|
Extension of time granted where delay was due to awaiting certified judgment copies; 30 days to lodge appeal, no costs.
Civil procedure – extension of time – sufficient cause – delay caused by awaiting certified copies of judgment and decree – section 14(1) Law of Limitation Act; section 19(2) exclusion of time for obtaining copies – misplaced reliance on section 25(1)(b) Magistrates' Courts Act where matter did not originate from Primary Court.
|
30 April 2020 |
|
The applicant and the respondent failed to prove competing fuel-payment claims; both suit and counterclaim dismissed.
- Contract law – oral, trust-based supply agreement – validity under Law of Contract Act (ss.10,13).
- Evidence – burden of proof in civil cases (s.110 Evidence Act) – necessity of cogent transactional records to prove quantities and payments.
- Commercial disputes – need to reconcile bank receipts with delivery notes, invoices, and statements of account.
- Relief – dismissal of both claim and counterclaim where neither party proves their case.
|
30 April 2020 |
|
Delay in obtaining a judgment can justify extending time, but unexplained subsequent delay will defeat the application.
Magistrates' Courts Act s.20(3)-(4) – extension of time to appeal; delay in obtaining copy of judgment as good cause; requirement to account for each day of delay; discretionary exercise of extension of time; right of appeal not open-ended.
|
30 April 2020 |
|
Unexplained magistrate takeover and failure to weigh defence evidence vitiated convictions; appellants ordered released.
Criminal procedure – section 214(1) CPA – successor magistrate must record reasons for takeover and inquire whether parties want rehearing; Trial judgment – duty to consider and weigh defence evidence; Jurisdiction – unexplained takeover vitiates proceedings; Sentencing – PDRM competent to impose seven-year term; Remedy – retrial vs acquittal evaluated in light of time served.
|
29 April 2020 |
|
Court granted a 45‑day extension to appeal despite earlier non‑compliance, citing substantive justice and custodial constraints.
Criminal procedure – extension of time to appeal – compliance with prior court orders – effect of custodial status and COVID‑19 on procedural defaults – substantive justice outweighing technical non‑compliance.
|
29 April 2020 |
|
Tribunal judgment set aside for procedural defects; appellant proved repayment on balance of probabilities.
Land law – debt secured by house – whether debt has been discharged by instalment payments – proof on balance of probabilities. Civil procedure – sufficiency of judgment and decree – requirement to state reasons and consider assessors’ opinions. Execution procedure – improper attachment/sale before establishing non-payment. Evidence – credibility of handwriting expert report and effect of withdrawn criminal prosecution.
|
29 April 2020 |
|
An equivocal plea and failure to read over the cautioned statement rendered the conviction unsafe; retrial ordered.
Criminal procedure — Plea of guilty — Equivocal/ambiguous plea (‘It is true’) — Requirement to state substance of charge and record admission in accused’s own words (s.228) — Cautioned statement not read over — Conviction quashed; retrial ordered.
|
29 April 2020 |
|
Review application time-barred; filed under wrong rule and form; application dismissed with each party to bear own costs.
Labour Court procedure – Review – Time bar under Rule 27(1) – Time runs from delivery of decision – Proper enabling provision Rule 27(2)(c) – Use of prescribed Form No.6 – Competency of review application.
|
29 April 2020 |
|
A suit brought against the State Attorney instead of the Attorney General is incompetent and must be struck out; amendment after preliminary objection disallowed.
Government Proceedings Act s.6(3),(5) – misjoinder/wrong defendant – suits against Government must be brought against the Attorney General; Attorney General a necessary party; amendment after preliminary objection precluded as pre-empting objection; remedy: strike out; costs – each party to bear own costs in special circumstances.
|
29 April 2020 |
|
Execution by civil imprisonment requires prior subsistence payment; party‑identity objections must be raised before execution.
Civil procedure — Execution of labour/CMA award — Committal to civil prison as execution mode — O. XXI r. 28 and r. 38 CPC — subsistence payment required before arrest. Parties — Objection that award was issued against wrong party — must be raised in trial/appellate/revisional proceedings, not first in execution. Constitutional law — Article 15 right to freedom — detention in execution permissible if statutory procedures observed. Procedure — personal appearance/notice to show cause required before committal.
|
29 April 2020 |
|
A court must decide all framed issues—failure to do so warrants quashing the ruling and remitting for proper determination.
Civil procedure – failure to decide framed issues – trial court obliged to determine all preliminary objections before addressing merits; remedial remittal. Judicial duty – requirement to decide each and every issue framed; failure is a serious procedural breach.
|
29 April 2020 |
|
A petition for letters of administration filed 33 years after death was struck out for failing to explain the delay under Rule 31(1).
• Probate and Administration — late application — Rule 31(1) G.N. No. 369 of 1963 requires a statement explaining delay for applications made after three years from death; failure is fatal. • Limitation Act not strictly applicable to probate matters; procedural safeguard to protect heirs and assess genuineness of late applicants.
|
29 April 2020 |
|
Stay refused where DLHT only directed execution of prior Ward Tribunal order and applicants raised no objection to that order.
Civil Procedure — Stay of execution under Order XXXIX r.5(1) — Res judicata — DLHT directing execution of Ward Tribunal decision — Execution irregularities to be raised before executing court.
|
28 April 2020 |
|
A previously dismissed preliminary objection bars re‑raising the same objection; the new objection was dismissed with costs.
Civil procedure – preliminary objection – effect of prior dismissal for want of prosecution – court becomes functus officio and cannot entertain same objection again. Advocates Act, Cap 341 – competence to draw pleadings – alleged contravention of section 44 by non-advocate (not determined due to procedural bar). Procedural bars – re-raising of identical preliminary objections and finality of earlier dismissal.
|
28 April 2020 |
|
Extension of time to appeal granted where delay caused by tribunal's failure to furnish certified judgment, not procedural abuse.
Land appeals — Extension of time — Sufficient cause — Delay in obtaining certified judgment and decree — Duty of tribunal to furnish records — Procedural abuse — Exercise of judicial discretion.
|
28 April 2020 |
|
The applicant holding a valid right of occupancy is entitled to compensation or re-allocation; villagers are unlawful occupants.
Land law – Right of Occupancy – Validity of title and requirement for procedural revocation before deprivation of occupancy rights; Trespass and squatting – villagers occupying land under a registered Right of Occupancy; Compensation – entitlement for unexhausted improvements where title remains; Remedy – eviction vs. compensation or re-allocation; Apportionment of liability where loss caused by bank/receiver and trespassers.
|
28 April 2020 |
|
The applicant's rape conviction quashed where the complainant's testimony was unreliable and penetration was unproved.
Criminal law – Rape (statutory rape) – proof of age – parental testimony and documentary proof. Evidence – Complainant credibility – contradictions in testimony and expungement of unreliable evidence. Substantive element – Penetration must be proved; clinical examination alone insufficient where no clear testimony of penetration. Appeal – Conviction based solely on unreliable complainant evidence cannot stand; conviction quashed and sentence set aside.
|
28 April 2020 |
|
An uncorroborated claim of illness does not amount to sufficient cause to set aside a dismissal for non-appearance.
Civil procedure – Land Disputes – Setting aside dismissal for non-appearance under Rule 11(2) – Requirement to show sufficient cause supported by credible evidence (e.g., medical chit). Evidentiary burden – Uncorroborated assertions (illness, loss of documents) are insufficient without independent proof.
|
28 April 2020 |
|
Court nullified execution for procedural irregularities and ordered fresh execution before another magistrate.
Civil procedure — execution of decree — irregular adjournments and hearing in debtor's absence — lack of summons/service — trial court functus officio after initial order — revisional powers of appellate court — reliance on original court records versus typed/attached orders.
|
28 April 2020 |
|
Whether pursuing a struck-out revision and difficulties obtaining scattered applicants’ signatures constitute good cause for extension of time.
Labour procedure – extension of time – good cause under Rule 56(3) – excusable delay where previous revision was struck out with leave – duty to account for each day of delay – evidentiary proof of logistical difficulties and availability of electronic signatures.
|
27 April 2020 |
|
Conviction based on an equivocal plea and improperly admitted exhibits was quashed; case remitted for fresh plea and trial.
Criminal procedure – plea of guilty – unequivocal vs equivocal plea; admission of documentary exhibits – requirement to read over and mark exhibits (PF3, confession) – procedural irregularity as fatal to conviction; remedy: quash conviction and order retrial.
|
27 April 2020 |
|
Extension of time to appeal granted in matrimonial property dispute to secure substantive justice.
Magistrates' Courts Act s.20(3) – Appeals from Primary to District Court – no requirement to annex trial judgment; Extension of time – sufficient cause; Discretionary refusal of extension – substantive justice in matrimonial property disputes.
|
24 April 2020 |
|
Unexplained five-year delay and unproven claims of being misled do not justify extension of time.
Labour law — Extension of time — Requirement to account for each day of delay and show diligence — Negligence or misdirection by a personal representative ordinarily insufficient — Alleged illegality of impugned decision must be substantiated to qualify as exceptional reason.
|
24 April 2020 |
|
Restarting estate administration was appropriate where the Primary Court admitted evidence improperly and failed to prove lifetime distributions.
Probate and administration — Primary Court jurisdiction limited to customary or Islamic law — necessity to ascertain deceased’s mode of life to determine applicable law. Evidence — admissibility and use of a will tendered belatedly when petition states intestacy. Evidentiary burden — proof required to exclude assets from estate as sold or distributed in deceased’s lifetime. Remedy — nullification of flawed Primary Court proceedings and restarting administration process appropriate where material irregularities exist. Civil procedure — form of appeal (memorandum vs petition) not fatal absent shown prejudice.
|
24 April 2020 |
|
Leave to appeal struck out due to material inaccuracies in the record rendering the intended appeal defective.
Appellate procedure – leave to appeal – competence – requirement for accurate record and pleadings – misidentification of presiding judge and incorrect judgment date – defective appeal – application struck out with costs.
|
24 April 2020 |
|
Absence without proof of retrenchment amounts to self-termination, but employee is entitled to termination documentation and accrued leave pay.
Employment law – Abscondment – prolonged unexplained absence may amount to self-termination under Code of Good Practice. Burden of proof – employee alleging retrenchment must prove employer's retrenchment act; oral assertion without witness evidence is insufficient. Remedies – even where termination is by abscondment, employee is entitled to documentary confirmation (termination letter, certificate of service) and accrued leave/unpaid salary entitlements. Procedure – payments arising are subject to statutory deductions; right to appeal preserved.
|
24 April 2020 |
|
Applicant failed to show sufficient cause under s.14(1) to extend time for filing revision; delay unaccounted and no illegality pleaded.
Extension of time – Law of Limitation Act s.14(1) – applicant must account for all delay – Lyamuya criteria applied – alleged technicalities/waiting for ruling insufficient without explanation or pleaded illegality – application dismissed with costs.
|
24 April 2020 |
|
An accused who deliberately absconds waives presence and in‑session representation; refusal to allow counsel was interlocutory and revision premature.
Criminal procedure – trial in absence – distinction between court exclusion (nullity) and accused’s voluntary absence (waiver) Right to legal representation – fundamental but may be waived by deliberate absconding Section 197(b) CPA – applies to absence for health, not to absconding Interlocutory orders – treated as final only if they finally dispose of parties’ rights or the criminal charge Application for revision – premature and incompetent where order is interlocutory
|
24 April 2020 |
|
Applicant failed to show sufficient cause for extension of time to seek leave to appeal; application dismissed with costs.
Land law – extension of time to seek leave to appeal – discretionary remedy – applicant must account for all delay and show diligence (Lyamuya principles); illness/hospitalisation and uncorroborated court clerk’s advice insufficient without credible evidence.
|
24 April 2020 |
|
Attendance and participation at consultation meetings satisfied retrenchment notice obligations; no union consultation required absent an agreement.
Labour law – Retrenchment – statutory requirements under section 38(1) ELRA – notice, disclosure and consultation. Labour law – Notice requirement – purposive interpretation: attendance/participation at consultation meetings can satisfy notice. Labour law – Trade union consultation – no duty to consult where no operative agreement with union; employees may call their representatives. Procedural law – Revision of CMA award – court will uphold award where statutory purpose of process is satisfied.
|
24 April 2020 |
|
Court held Law of Limitation Act s.14(1) governs extensions for revision; preliminary objection overruled and matter ordered heard on merits.
Labour procedure – extension of time to file revision – Labour Court Rules silent on revisions – Law of Limitation Act s.14(1) applicable – Overriding objective and substantive justice – preliminary objection for non‑citation overruled – costs awarded to respondent.
|
24 April 2020 |
|
Leave to appeal denied; no substantial legal issues and Village Council approval is required for village land dispositions.
Civil procedure — Leave to appeal — requirement that there be contentious legal or factual issues fit for consideration by the Court of Appeal. Evidence — submissions at the bar are not evidence; allegations of failure to evaluate evidence must be pleaded with particulars. Land law — Village Land Act (ss.8, 31(3)) — Village Council as trustee/manager of village land; approval required for disposition of derivative rights. Appellate review — allegation that judge introduced new facts must be shown against the trial record.
|
24 April 2020 |
|
Revision struck out as incompetent because matrimonial disputes require appeal under the Law of Marriage Act.
Matrimonial proceedings — appeals — applicability of Civil Procedure Code — Law of Marriage Act s.80(3) — Matrimonial Proceedings Rules — revision vs appeal — incompetence of revision where appeal lies.
|
24 April 2020 |
|
A tribunal is functus officio once it has conclusively adjudicated the same subject matter; subsequent suit is a nullity.
Civil procedure – res judicata and functus officio; tribunal competence to entertain subsequent suit on same subject matter; nullity of proceedings conflicting with earlier unappealed judgment; award of general damages not reached where prior decree bars re‑litigation.
|
24 April 2020 |
|
Conviction quashed because identity discrepancies and an unexplained arrest delay created reasonable doubt.
Criminal law – Identification evidence – Discrepancy between complainant's police statement and charge sheet; unexplained delay in arrest undermining identification. Burden of proof – Prosecution's duty to prove identity beyond reasonable doubt; accused not required to prove innocence or rectify prosecution defects by cross-examination. Conviction quashed where identity unresolved and reasonable doubt persists.
|
24 April 2020 |
|
Appeal dismissed: tribunal’s judgment valid; long possession and planted trees established respondents’ prescriptive ownership; costs awarded.
Land law – prescriptive possession and ownership – long possession and planting of permanent trees – quicquid plantatur solo, solo cedit. Civil procedure – assessors’ opinions – chairman’s duty to give reasons only when differing (Section 24, Land Disputes Courts Act). Judgment content – mandatory elements under Regulation 20(2) of the Land Disputes Courts (District Land and Housing Tribunal) Regulations, 2003.
|
24 April 2020 |
|
Suo motu procedural defects led to striking out the applicant's revision, but leave to refile was granted within 14 days.
Labour Court Rules 2007 — Rule 24(2): notice of application to be signed by party — representative who filed notice of representation under s.56 qualifies as party. Labour Court Rules 2007 — Rule 24(3)(d): affidavit must state reliefs sought; non-compliance is fatal. Procedural remedy — striking out defective application; leave to refile where irregularity identified suo motu and in interest of justice. No order as to costs.
|
23 April 2020 |
|
Dispute over unpaid loan was civil, not fraud; criminal proceedings quashed and parties may pursue civil redress.
Criminal law – cheating (s.304 Penal Code) v. civil breach of contract – requirement of intention to deceive or forgery; primary court jurisdiction; quashing criminal proceedings where matter is civil; parties entitled to pursue civil remedy subject to limitation.
|
23 April 2020 |