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Citation
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Judgment date
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| May 2020 |
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Appellant’s conviction quashed because prosecution failed to prove time and place; obsolete voire dire did not invalidate child’s evidence.
Evidence — Child witness — Voire dire test abolished by 2016 amendment; child must promise to tell truth; obsolete voir dire does not automatically invalidate evidence. Criminal law — Rape — Prosecution must prove offence at the specific date, time and place as charged; inconsistencies on time/place may render conviction unsafe. Evidence — Medical report (PF3) and corroboration cannot substitute for proof of time/place required by the charge sheet.
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29 May 2020 |
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Applicant bank proved two staff loans and obtained ex parte judgment for TZS 51,445,017.31 plus interest and costs.
Civil procedure — ex parte judgment under Order VII Rule 14(2)(b); Evidence — burden and standard of proof (s.110(1), s.112 Evidence Act) in contract/loan recovery; Recovery of staff loans — contractual interest, penalties and post-judgment interest.
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29 May 2020 |
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Interim injunction maintaining status quo granted where applicant showed prima facie case and risk of irreparable harm.
Land — interim injunction — Attilio test: prima facie case; irreparable harm; balance of convenience — status quo maintained pending main suit; caveat insufficient to negate injunctive relief.
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29 May 2020 |
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Appellant properly identified; PF3 expunged for not being read out, yet conviction and sentence are upheld.
Criminal law – identification evidence and favourable circumstances; Evidence – documentary exhibit admitted but not read out (PF3) expunged; Witness contradictions – semantic differences and timing explanations do not necessarily vitiate conviction; Appeal – conviction upheld despite procedural lapse where prosecution case remains strong.
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29 May 2020 |
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The applicant proved ownership on balance of probabilities despite defective, unannexed sale documents; appeal allowed.
Land law – ownership dispute – determination on balance of probabilities. Evidence – admissibility of documents not annexed or served; discrepancies in exhibited sale agreement. Civil procedure – burden and standard of proof in land claims. Failure to call unavailable or deceased vendors – effect on proof of title.
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29 May 2020 |
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The appellant's possession and credible evidence established ownership where the respondent's title documents were irregularly admitted.
Land law – evidence of title – admissibility of documents – whether documents not annexed to pleadings or altered may be admitted; Regulation 10(3)(a) LDCT Regulations 2002. Documentary evidence – alteration and late stamping of contract – probative value. Burden of proof – section 110 Evidence Act – standard: balance of probabilities. Possession and acts of users (cultivation, improvements, complaint to local authority) as proof of ownership in land disputes.
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29 May 2020 |
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A defective charge sheet and unreliable/irregular evidence rendered the trial a nullity; convictions quashed, no retrial ordered.
Criminal law – armed robbery – adequacy of identification evidence – requirements for reliable visual identification. Evidence – cautioned statements – necessity for trial court inquiry and finding as to voluntariness before admission. Evidence – chain of custody and proper reception/reading of exhibits. Criminal procedure – contents of charge sheet – necessity to correctly cite statutory provision under section 135 CPA; incurably defective charge renders proceedings a nullity. Discretion to order retrial where original trial is defective and prosecution case is weak.
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29 May 2020 |
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CMA lacked jurisdiction over the respondent's public‑service claim; Public Service Act remedies must be exhausted first.
Public Service law – jurisdiction – section 32A Written Laws (Miscellaneous Amendments) Act No.3 of 2016 – requirement to exhaust Public Service Act remedies before invoking labour laws. Cause‑of‑action test – disputes arising from public employment are governed by Public Service Act even if complainant is retired. Jurisdictional defect – awards rendered without jurisdiction are quashed and set aside.
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29 May 2020 |
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Appellant failed to prove village allocation; Ward Tribunal had jurisdiction; appeal dismissed and land recovery ordered.
Land law – Ward Tribunal jurisdiction; pecuniary limits – tribunal value stated as Tshs.2,500,000; Evidence – burden on person alleging village allocation; Ward Tribunal composition – attendance and majority decisions; Appellate review – will not disturb concurrent findings of fact without sufficient grounds.
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29 May 2020 |
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Illegality on the face of the record justified extension of time and led to quashing of vitiated tribunal proceedings and retrial.
Land procedure – extension of time – whether failure to account each day of delay is fatal where there is illegality on the face of the record. Illegality on the face of the record – sufficient cause for extension of time. Revisionary powers – quashing tribunal proceedings vitiated by procedural omission and ordering retrial. Tribunal practice – appeal should be dismissed for want of prosecution where appellant fails to file written submissions, not decided on respondent’s submissions alone.
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29 May 2020 |
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Whether an unconsented mortgage gives rise to a land dispute properly heard by the DLHT.
Land law; jurisdiction of District Land and Housing Tribunal — whether mortgage executed without spouse's consent gives rise to proprietary/trespass claim; jurisdiction determined by pleaded facts and reliefs (Exim Bank test); procedural error in dismissing for want of jurisdiction instead of applying Order VII r.10 CPC — remit to DLHT.
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29 May 2020 |
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Appellant awarded 20% of each matrimonial house (combined 40%); sale avoided to protect children's shelter.
Family law – matrimonial property – houses acquired during marriage are matrimonial assets and divisible under s.114 Law of Marriage Act. Division principles – court to have regard to community custom, contributions in money, property or work, debts and children’s needs; domestic/matrimonial work counts as contribution. Evidence – courts cannot rely on facts or documents not tendered or admitted in proceedings. Child welfare – best interests may preclude ordering sale of occupied matrimonial home. Relief – valuation by government valuer and allocation of shares (20% each house; combined 40% charged on Yemen Tandale).
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29 May 2020 |
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Applicant's challenge to arbitral award dismissed for failure to prove misconduct, jurisdictional overreach, or apparent legal error.
Arbitration – Setting aside award – Alleged denial of hearing; jurisdictional overreach; errors of law apparent on face of award; performance bond validity and time‑bar considerations.
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29 May 2020 |
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The applicant's challenge to an arbitral award for alleged misconduct and jurisdictional error was dismissed.
Arbitration — Setting aside arbitral award — S.16 Arbitration Act — Misconduct and improper procurement — Right to be heard — Jurisdiction of arbitrator — Validity and time limitation of performance bond — Errors of law apparent on face of award.
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29 May 2020 |
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Termination held unfair; reinstatement ordered but CMA’s compensation calculation set aside for salary error.
Labour law — unfair dismissal — substantive and procedural fairness; remedial discretion under s.40(1) (reinstatement); improper procurement of award — incorrect salary computation; review of CMA award.
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29 May 2020 |
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High Court dismissed employer’s revision and upheld CMA finding of unfair termination and awarded compensation to the employee.
Employment law – unfair dismissal – substantive fairness – whether employer proved gross negligence/dishonesty to justify dismissal. Employment law – procedural fairness – compliance with section 37(2)(c) and Code of Good Practice (G.N. No. 42 of 2007). Labour revision – scope of High Court review of CMA awards – whether arbitration award is vitiated by illegality or material error. Remedies – reinstatement and compensation under section 40(1) of the Employment and Labour Relations Act.
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29 May 2020 |
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Applicants charged with economic offences granted bail on statutory deposit, surety and travel-restriction conditions.
Economic and Organized Crime Control Act – Bail – s.29(4)(d) and s.36(1),(5)(a) – threshold where property involved exceeds T.shs.10,000,000 – deposit of half value or immovable security and bond. Criminal procedure – Presumption of innocence – Bail pending trial – requirement of credible sureties and travel restrictions. Enforcement – Surrender of travel documents and approval of sureties by Deputy Registrar.
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29 May 2020 |
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Failure to obtain and record assessors’ opinions vitiates a District Land and Housing Tribunal judgment and mandates rehearing.
Land disputes — District Land and Housing Tribunal — Requirement that chairman require assessors to give written opinions and read them to parties — Section 23(2) Land Disputes Courts Act and Regulation 19(2) — Omission vitiates proceedings and judgment — Rehearing ordered.
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29 May 2020 |
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Validity of notice for appointment of estate administrator and whether the deceased converted marriage under section 11 LMA.
Appellate procedure – certification of points of law under s.5(2) AJA and Court of Appeal Rules – scope and limits of certificate. Probate and administration – validity and sufficiency of notice/publication before appointment of estate administrator. Family law – conversion of marriage under section 11, Law of Marriage Act – interplay between Christian and customary marriages. Competency of will and allegations of fraud in probate proceedings – appropriate forum and issues for appellate certification.
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29 May 2020 |
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A misnamed corporate defendant was properly before the court; wrongful termination occurred but contributory negligence reduced damages to three months.
Civil procedure – party misnomer – misnaming of corporate party not fatal where identity and participation evident. Contract law – wrongful termination – termination without required notice constitutes breach. Damages – contributory negligence – failure to maintain contracted vehicle reduces recoverable damages; excessive awards subject to reduction.
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29 May 2020 |
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The appellant awarded 40% of a matrimonial house; custody remitted for statutory child-welfare inquiry before decision.
Family law – Division of matrimonial property – Non-monetary contributions (domestic work, childbearing/rearing) as relevant to asset division; Evidence – burden of proof under s.110 Evidence Act; Child custody – mandatory consideration of child’s wishes and social welfare inquiry under ss.125(2)(b) and 136(1) Law of Marriage Act; Remedies – variation of shares and remittal for custody inquiry.
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29 May 2020 |
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Application for extension of time dismissed for failing to account for each day of delay and lacking supporting proof.
Civil procedure – Extension of time – Application to refer Taxing Officer's ruling – Failure to account for each day of delay per Lyamuya test; absence of particulars when copies were received; failure to attach supporting receipts – Application dismissed with costs.
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29 May 2020 |
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Applicant granted leave to file an out‑of‑time appeal because tribunal’s delay in supplying judgment amounted to sufficient cause.
Extension of time – sufficient cause – delay in supply of copy of judgment by tribunal; appellant unrepresented – need for judgment to prepare appeal; application granted with filing condition.
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29 May 2020 |
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Failure to formally convict and sentence is fatal; judgment set aside and record remitted for fresh judgment.
Criminal procedure – Requirement to enter formal conviction and pass sentence – Section 235(1) & (2) Criminal Procedure Act – Expressions of being "inclined to convict" or that imprisonment would be "proper" do not satisfy statutory requirements – Non-compliance is fatal – Judgment set aside and record remitted for fresh judgment. Sentencing – Life imprisonment – credit for time served to be given only if a lesser sentence is imposed.
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29 May 2020 |
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Failure to obtain assessors' written opinions before judgment nullifies the tribunal's proceedings and mandates a retrial.
Land Disputes Courts — assessors' participation — chairman must require and receive assessors' written opinions before judgment — s.23(2) Land Disputes Courts Act and Reg.19(2) District Land and Housing Tribunal Regulations; failure vitiates proceedings and judgment; trial de novo ordered.
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29 May 2020 |
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Orders issued by a tribunal under a mistaken assumption of jurisdiction are nullities and cannot be enforced.
Jurisdiction – Lack of jurisdiction by a tribunal renders subsequent orders void; orders made under mistaken jurisdiction are nullities; ex parte injunctions and contempt/arrest orders issued without proper jurisdiction or participation are inoperative; revision limited to specific impugned orders; costs discretionary and not granted in this revision.
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29 May 2020 |
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Appeal against striking out for incompetence is incompetent; proper remedy is to refile in the same court.
Civil procedure – Competency of appeal – Appeal against striking out for incompetence is not maintainable; correct remedy is to rectify defects and refile in the same court – Costs: sickness of counsel not ground for waiver where appeal negligently preferred.
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29 May 2020 |
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An unlicensed, unregistered group's loan operations are illegal and contracts therefore unenforceable; appeal allowed.
Banking law – unlicensed money-lending – section 6(1) Banking and Financial Institutions Act – prohibition on accepting deposits without licence. Business licensing – requirement of valid business licence under Business Licensing Act (Cap 208) for carrying on business. Illegality – contracts entered in contravention of licensing statutes are unenforceable. Civil procedure – locus to sue – capacity of unregistered groups to sue on commercial transactions.
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29 May 2020 |
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Labour Court decisions carry a direct right of appeal; short delay plus applicant’s age and health justified extension of time.
Labour law — Appeal from Labour Court — Section 57 Labour Institutions Act — direct right to appeal to Court of Appeal on point of law; leave before Labour Court unnecessary. Civil procedure — Extension of time — good cause — factors: length of delay, diligence, age and health of applicant, need to account for delay; sickness must be proved by evidence. Court of Appeal Rules — time for lodging notice of appeal (30 days).
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29 May 2020 |
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Advocate negligence and an afterthought claim of illegality did not establish good cause for extending time to set aside an ex parte judgment.
Civil procedure – Extension of time – s.14(1) Law of Limitation Act – applicant must account for every day of delay and show diligence (Lyamuya principles). Advocate negligence – failure to file reply does not automatically constitute good cause absent supporting evidence and applicant’s own follow-up. Illegality – alleged want of notice of judgment must be pleaded and be of sufficient importance or apparent on record to justify extension.
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29 May 2020 |
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Whether High Court may hear prison officers' employment claims and whether disciplinary decisions are subject to judicial review.
Jurisdiction – High Court v Labour Court – whether employment claims by prison officers fall under Labour Court exclusivity or are maintainable in High Court. Labour law – exclusion of Prison Service members from Employment and Labour Relations Act (s.2(1)). Administrative law – finality of disciplinary decisions under Cap. 241 and GN. 721/1997 and availability of judicial review. Remedies – availability of civil remedies (declaratory relief, damages) despite disciplinary finality.
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29 May 2020 |
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Ex parte land tribunal judgment was procedurally defective for non-compliance with required form and failure to consider assessors, warranting retrial.
Land law — District Land and Housing Tribunal — ex parte judgment — non-compliance with Regulation 20(1) GN No. 174/2003 (statement of facts, findings, reasons). Procedure — failure to invite/record assessors' opinions in tribunal judgment. Evidence — absence of analysis of evidence and findings on balance of probabilities. Remedy — quashing of proceedings and order for retrial before different chairman and assessors.
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29 May 2020 |
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Second appeal dismissed: factual complaints cannot overturn concurrent acquittals; suspicion alone insufficient for conviction.
Criminal law — Malicious damage to property — Identification and proof — Second appeal — Limited to points of law; appellate courts reluctant to disturb concurrent factual findings absent misdirection, misapprehension or miscarriage of justice — Suspicion insufficient for conviction.
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29 May 2020 |
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High Court quashed Ward and District tribunal judgments for inadequate record, procedural irregularities and appellate mischaracterisation, allowing fresh suit.
Land law – possession dispute heard in Ward Tribunal – ex parte proceedings and adequacy of record and reasoning. Procedure – requirement to record proceedings and scrutinise written statements; effect of undated/unscrutinised statements. Appellate review – duty of appellate tribunal to examine trial record; mischaracterisation of proceedings. Courts (Land Disputes Settlements) Act s.43(1)(b) – High Court revisional powers to nullify proceedings for serious irregularities. Failure to file court-ordered written submissions – forfeiture of right to be heard.
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29 May 2020 |
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A district court’s revision made without hearing the parties violated the right to be heard and is a nullity.
• Civil procedure – Revision – Exercise of revisional jurisdiction without hearing parties – nullity.
• Natural justice – Right to be heard – Fundamental/constitutional right – mandatory before revisional alteration of judgment.
• Procedural fairness – No proceedings on record – revisional order set aside.
• Remedies – Aggrieved party may appeal to district court according to law.
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29 May 2020 |
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A party may directly appeal a Labour Court decision to the Court of Appeal on a point of law without seeking leave.
Labour law – Appeals – Labour Institutions Act s.57 – Direct right to appeal from Labour Court to Court of Appeal on a point of law; leave not required. Procedure – Competence of leave application under Court of Appeal Rules – application under Rule 45 incompetent in labour matters. Remedy – Application struck out; no order as to costs in labour matters.
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29 May 2020 |
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Leave to appeal refused where delay was unexplained, sickness excuse untimely, and litigation conduct amounted to abuse of process.
Civil procedure – Leave to appeal – Whether applicant showed arguable point of law or general importance for Court of Appeal. Limitation – Extension of time – Accounting for each day of delay; exclusion for waiting copies under s.19(2) Law of Limitation Act. Abuse of process – Repeated litigation and failure to pay admitted debt as factor in refusing leave.
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29 May 2020 |
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Alibi in primary court needs no CPA notice; conviction reinstated on credible identification and sentence reduced.
Criminal law – alibi in primary courts – CPA notice requirement not applicable; burden shifts on balance of probabilities. Appellate review – first appeal is rehearing and must re-evaluate evidence. Evidence – improperly tendered photographs are not part of record. Sentencing – appellate restraint but substitution permitted where sentence is excessive for first offenders.
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29 May 2020 |
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Dismissal of an abortive application filed under wrong provisions was improper; it should be struck out and reheard.
Land procedure – abortive/incompetent applications – strike out v dismissal; constitutional right to be heard (Article 13(6)); effect of wrong citation of legal provisions; remedy to correct abortive filings.
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29 May 2020 |
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A mere finding of guilty without a formal conviction is fatal; judgment quashed and remitted for fresh judgment.
Criminal procedure; Conviction formalities – "finding of guilty" is not a valid conviction; Compliance with s.312(2) Criminal Procedure Act; Remedy – quashing defective judgment and remitting record for fresh judgment; Time served to be credited.
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29 May 2020 |
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Applicant’s late receipt of appeal materials and transfer justified extension of time to file appeal documents.
Criminal procedure – Enlargement of time under section 361(2) CPA – Good cause shown by late supply of trial proceedings and prison transfer – Court may grant extension and set filing deadlines.
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29 May 2020 |
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Primary Court acted ultra vires by distributing estate; distribution is for the appointed administrator, proceedings quashed.
Administration of estates — Primary Court jurisdiction — Whether Primary Court may distribute estates or only direct/appoint administrators — Statutory forms and proof for inventories/accounts (Forms V & VI) — Revisionary powers under s.44(1)(b) MCA to quash ultra vires distribution.
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29 May 2020 |
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Application to lift attachment dismissed as time‑barred; preliminary objections on withdrawal and possession overruled; applicant free to sue for title.
Land law – execution/attachment – application to lift warrant of attachment – preliminary objections – time limitation and delay – procedural competence/incorrect citation of enabling provisions – withdrawal of application without leave – case overtaken by events and factual issues of possession.
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29 May 2020 |
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Applicant failed to show good cause or diligence for extension of time to file a land appeal under section 38(1).
Land law — extension of time to appeal under s.38(1) Land Disputes Courts Act — discretionary relief governed by Lyamuya factors — applicant must account for all delay and show diligence — late supply of judgment and asserted illness require proof (medical evidence) — negligence/sloppiness is not good cause.
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29 May 2020 |
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Appeal allowed: conviction quashed where medical evidence mismatched victim and penetration went unproven.
Criminal law – sexual offences/incest – necessity to prove penetration; Evidence Act s.127(6) – production of mentally unsound victim or medical proof; admissibility and identification of PF3/medical exhibits; unsafe conviction based on uncorroborated eyewitnesses.
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29 May 2020 |
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Dismissal during sickness was substantively and procedurally unfair; CMA award quashed and statutory payments ordered.
Labour law — unfair termination — substantive and procedural fairness in dismissals for sickness/absence. Employment law — compliance with section 37(2)(c) ELRA and Rule 13, GN 42/2007 — requirement for inquiry and reasonable steps before termination. Evidence — failure to verify medical condition and to accommodate ill employee may render dismissal unfair. Remedies — CMA award quashed; statutory terminal payments ordered.
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29 May 2020 |
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Award quashed for being issued against a wrong party lacking legal personality; respondents may refile against proper employer.
Labour law – award against wrong party; capacity to sue – designation vs legal entity; jurisdiction – condonation and settlement; executability of arbitration awards.
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29 May 2020 |
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Court granted extension to appeal after applicant showed sufficient cause due to delayed supply of judgment materials.
Criminal procedure – Extension of time under s.361 CPA – Delay due to late supply of judgment/appeal materials – Sufficient cause; typographical error in affidavit immaterial.
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29 May 2020 |
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Applicant’s sickness evidence and procedural neglect did not establish good cause to extend time for revision.
Labour procedure – extension of time – Rule 56(1) Labour Court Rules – requirement of 'good cause' and diligence. Proof of sickness – credibility and originals of medical records – photocopies insufficient without explanation. Abuse of process – repeated late filings, struck-out and withdrawn applications undermine claims of diligence. Leave to file revision – extension of time prerequisite; alleged jurisdictional irregularity premature to assess.
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29 May 2020 |
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Whether Ward Tribunals must give reasons and whether untendered exhibits may be relied upon in their decisions.
Land disputes — High Court certificate under s.47(3) Land Disputes Courts Act — certification for appeal to Court of Appeal. Appealability — whether an order for retrial is interlocutory or final in effect. Administrative justice — duty of Ward Tribunal to give reasons for its decisions. Evidence — admissibility/use of exhibits not produced or tendered at Ward Tribunal proceedings.
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29 May 2020 |