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Citation
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Judgment date
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| June 2020 |
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Reported
Conviction quashed after child witness was improperly required to both promise and take oath; retrial ordered.
Evidence — Child of tender age — Section 127 Evidence Act — Competence inquiry: either oath (if understood) or prior promise to tell truth (if not) — Improper simultaneous oath and promise — Improperly received evidence expunged — Conviction based solely on such evidence quashed — Retrial ordered.
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30 June 2020 |
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A trial court’s failure to enter a formal conviction renders the judgment invalid and warrants remittance for a proper judgment.
Criminal procedure — Content of judgment — mandatory requirement to state formal conviction, specify the offence and statute and state sentence (ss.235, 312 CPA) — omission is fatal — High Court’s revisionary/supervisory powers (ss.372, 373 CPA; s.44 Magistrates' Courts Act) — remittance for proper judgment.
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30 June 2020 |
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Appellate court partly allowed the appeal: custody remitted for statutory inquiry; house share and vehicle awards varied.
Family law – custody – statutory duty to obtain opinion of child and social welfare inquiry (s125(2)(b), s136(1), Law of Marriage Act) – omission vitiates custody finding. Family law – division of matrimonial property – court must consider parties’ contributions (s114(2)(b)) – evidence may support adjustment of shares. Property law – presumption of ownership (s60, Law of Marriage Act) – documentary evidence unrebutted excludes asset from matrimonial pool. Matrimonial assets – motor vehicles bought during marriage are divisible.
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30 June 2020 |
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Negligent delay and a misplaced EFD-receipt complaint do not justify extending time to file a taxation reference.
Civil procedure – extension of time – applicant must account for each day of delay and show diligence (Lyamuya guidelines). Taxation of bill of costs – Advocates Remuneration Order, 2015 – Order 58(1) makes production of receipts optional when required by taxing officer; EFD receipts not mandatory. Illegality as ground for extension – alleged irregularity must be a true point of law or jurisdictional error to constitute sufficient reason.
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30 June 2020 |
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Reported
Court found trial court applied criminal standard; awarded applicant general damages for negligent failure to supply valid certificate.
Evidence – Standard of proof in civil cases – balance/preponderance of probabilities versus criminal standard of beyond reasonable doubt. Negligence – duty and breach established but causation and proof of specific losses required for special damages. Damages – specific (special) damages must be pleaded and proved with concrete evidence; general damages need not be specifically proved and are assessed on pleaded facts and judicial discretion. Employment evidence – offer/contract alone insufficient to prove actual employment, termination reason, or salary loss without corroborating documents (salary slips, termination letters).
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30 June 2020 |
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Failure to seek set-aside under Order IX r.13(1) renders an appeal against an ex parte dismissal premature and unsustainable.
Civil procedure – ex parte rulings – remedy for failure to file reply – application under Order IX Rule 13(1) to set aside ex parte order. Civil procedure – preliminary objection – disposal on written submissions where only one party files submissions. Appeals – premature appeals – procedural requirement to set aside ex parte decision before appealing. Appellate review – rejection of incoherent or irrelevant grounds of appeal.
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30 June 2020 |
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Court corrected a slip, replacing quashing of a non‑existent decree with dismissal without order for costs.
• Civil procedure – Correction of judgments – Section 96 & Order XLIII Rule 2 CPC – slip of the pen/typographical errors.
• Limitation – time bar issues for correction applications – Part III schedule to Law of Limitation Act (fallback) and point of illegality as ground for extension.
• Appeal procedure – where lower court issued a drawn order (extension of time) there was no decree to be quashed; costs accidentally awarded.
• Execution – correction restores applicants’ rights to re-attach and sell property to satisfy debt.
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30 June 2020 |
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CMA award set aside because the arbitrator denied the applicant and the respondent the right to be heard.
Labour law — Natural justice — Right to be heard (audi alteram partem) — Arbitration — Validity of award based on opening statements only; Evidence — Burden to prove unfair termination and NSSF membership; Reasoned judgment — Requirement to evaluate evidence on record.
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30 June 2020 |
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Appeal filed in Civil Registry instead of Land Registry is incompetent and struck out with costs; refiling allowed subject to time limits.
Land law / civil procedure – Proper registry – Appeals from District Land and Housing Tribunal must be filed as Land Appeals in the High Court's Land Registry – Filing in Civil Registry renders appeal incompetent and liable to be struck out – Leave to refile subject to time limitation.
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30 June 2020 |
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Leave granted for applicant to issue a third‑party notice to insurer; substantive liability issues reserved for the main suit.
Civil procedure — Order I r 14(1) — Leave to issue Third Party Notice — Joinder of insurer in pending tort action. Motor vehicle law — statutory and policy requirement of motor insurance — basis to join insurer. Procedural relief — prior failure to serve Third Party Notice not fatal; substantive issues (insurable interest, extent of liability) reserved for main suit.
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30 June 2020 |
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Applicant failed to account for delay and provide proof; extension of time to appeal was dismissed.
Civil procedure – Extension of time – Applicant must account for each day of delay – Evidence required of steps taken to file appeal or notice – New facts raised in rejoinder not entertained if absent from affidavit.
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30 June 2020 |
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Applicant entitled to enforcement that respondents occupy only the 60 acres awarded; remaining land was not adjudicated.
Land law – enforcement of judgment – interpretation and execution of decree – extent of award (60 acres) versus alleged larger holding (120 acres). Civil procedure – clarification/interpretation of judgment and relief to prevent trespass beyond decreed land. Evidence – relevance of sale agreement and scope of issues adjudicated in main suit.
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30 June 2020 |
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Appeal dismissed as time-barred for failure to comply with statutory appeal time and without extension application.
Criminal procedure — Appeal — Time limitation — Section 361 Criminal Procedure Act — Appeal filed out of time — No application for extension under Law of Limitation Act s.14(1) — Incompetent appeal dismissed.
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30 June 2020 |
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Court reallocated custody to the mother and redivided matrimonial assets, confirming maintenance and visitation rules.
Family law — Matrimonial property — Section 114 Law of Marriage Act: assets acquired or substantially improved during cohabitation are matrimonial and divisible; contributions (monetary, work, domestic) must be considered. Custody — Section 125 Law of Marriage Act and Law of the Child Act: best interests of the child paramount, child above seven should have opportunity to express views; preference for mother and keeping siblings together. Maintenance — father's statutory duty and enforcement of trial court order (Tsh.100,000).
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30 June 2020 |
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A court ordered an independent valuation within 21 days, holding an interested party cannot prepare the valuation for execution of a compensation decree.
Civil procedure — Review suo motu — Correction of manifest error on face of record to render decree executable. Execution — Compensation valuation — Interested party should not procure valuation for execution. Natural justice — Audi alteram partem and prohibition on a party deciding its own cause. Remedies — Appointment of independent valuer and timeframe for report to Taxing Officer.
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30 June 2020 |
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Lower courts exceeded probate jurisdiction by deciding matrimonial issues; matter remitted for proper appointment of administrator.
Probate law — appointment of administrator — scope of inquiry limited to fitness and suitability of petitioner; Primary Court erred by adjudicating matrimonial and clan issues; District Court exceeded appellate/revisional function by nullifying marriage and appointing administratrix; High Court’s revisional power to nullify and remit.
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30 June 2020 |
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Non-joinder of the Attorney General in proceedings against public entities vitiates applications, rendering them incompetent.
Government Proceedings Act s.6(3)-(4) – mandatory joinder of Attorney General; meaning of "suit" includes chamber applications for interim relief; non-joinder vitiates proceedings; competence of applications against public entities.
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30 June 2020 |
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Appeal allowed: rape conviction quashed for failure to prove guilt beyond reasonable doubt.
Criminal law – Rape – Proof beyond reasonable doubt – Reliance on victim’s testimony – Delay in reporting undermines reliability – Duty to evaluate defence evidence – Medical (PF3) evidence examined late – Voluntariness of cautioned statement.
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30 June 2020 |
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Illegality apparent on the face of an ex‑parte judgment (no points/reasons) can justify extension of time to apply to set it aside.
Civil procedure – extension of time – ex‑parte judgment – failure to notify date of judgment is irregular but not always sufficient cause – apparent illegality (absence of points for determination and reasons) on face of record is sufficient ground for extension – Order XX r.20 CPC (certified copies) procedural requirement not automatically fatal where decision is attached and omission curable under overriding objective.
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30 June 2020 |
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Court overruled time‑bar objection and granted extension to file review after finding earlier unlawful 14‑day extension instead of statutory 45 days.
Land procedure – time limits for appeals and review – validity of extensions of time under Section 38(3) of the Land Disputes Courts Act – statutory 45‑day period where extension is granted. Civil procedure – time-bar preliminary objection – discretion to extend time and consequences of judicial misdirection on limitation periods.
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30 June 2020 |
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Cautioned statement defects and a 25-day delay in recovering the stolen motorbike defeated recent-possession inference; accused acquitted.
Criminal law – admissibility and voluntariness of cautioned/extra-judicial statements – requirement for proper procedure and presence of witnesses. Criminal law – circumstantial evidence – doctrine of recent possession and necessity of close temporal proximity. Evidence – burden of proof beyond reasonable doubt; improper or delayed recovery of property undermines inference of guilt.
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30 June 2020 |
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Dying declaration corroborated by consistent circumstantial evidence established the accused’s guilt for murder; mandatory death sentence imposed.
Criminal law – Murder – Dying declaration admissibility and credibility – Circumstantial evidence – Consistency of multiple identifications – Motive immaterial in proving homicide – Mandatory death sentence under Section 197.
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30 June 2020 |
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Appellant’s failure to call key witness warranted adverse inference; respondent proved oral payment and appeal dismissed.
Civil procedure – appellate review of concurrent findings; Evidence – proof of oral contract by performance and corroboration; Evidence – burden of proof under s.110(1) Law of Evidence Act; Evidence – adverse inference for failure to call important witness (Hemedi Saidi principle); Credibility – minor contradictions not fatal to core testimony.
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30 June 2020 |
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Appellant failed to rebut witness evidence of an oral agreement and payment; appeal dismissed with costs.
Evidence — oral contract and part performance established by witness testimony; Burden of proof — failure to call crucial witness (appellant's wife) shifts burden and permits adverse inference (s.110(1) Law of Evidence); Appellate review — concurrent findings of fact will not be disturbed absent misapprehension, miscarriage of justice or legal error.
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30 June 2020 |
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Conviction quashed where child’s testimony lacked the statutory promise and medical evidence was inconclusive, leaving reasonable doubt.
Evidence Act s.127 – child of tender years – statutory promise to tell the truth required before testimony; failure to take promise renders evidence inadmissible and may be expunged. Evidence – sufficiency of medical evidence in sexual offence – delay and non‑specific findings undermine proof of penetration. Criminal appeal – acquittal by appellate court where prosecution case not proved beyond reasonable doubt; retrial refused where prosecution evidence materially defective.
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30 June 2020 |
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Court dismisses labour revision, upholds CMA jurisdiction and awards for subsistence and leave pay.
Labour revision – jurisdiction of CMA – cause of action arising where employee worked; Remedies for unfair termination – subsistence and leave entitlements; Review grounds under s.91 ELRA (misconduct, improper procurement, irrationality).
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30 June 2020 |
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Reported
First appellate tribunal misdirected by deciding ownership rather than resolving a boundary dispute; locus in quo inspection ordered.
Land law – boundary dispute between adjacent plots – first appellate court’s duty to re-evaluate trial evidence – misdirection in deciding ownership instead of boundaries – necessity of locus in quo inspection – remit for site visit and permanent demarcation.
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29 June 2020 |
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The appellant’s allegation that the respondent extracted sand without a licence was justified and therefore not defamatory; appeal allowed with costs.
Defamation — elements (meaning, reference, publication, falsity); publication proved by witnesses; burden rests on maker of imputation to prove truth (justification); local government exhibits as defence to defamation; damages require actionable defamation.
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29 June 2020 |
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A stay of execution on a final matrimonial decree is unlawful without a pending appeal; status quo orders alone are insufficient.
Execution law – stay of execution – cannot be granted absent a pending appeal; right to be heard – failure to afford hearing renders stay irregular; status quo orders from District Land and Housing Tribunals do not operate as appellate stays; matrimonial property – equitable distribution under s.114 Law of Marriage Act; abuse of process – use of third‑party objections to frustrate enforcement.
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29 June 2020 |
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Employer failed to prove employee's involvement in theft; dismissal unfair and compensation reduced to 12 months.
Labour law – unfair termination – substantive and procedural fairness – sufficiency and credibility of evidence (CCTV and witness testimony) – investigator as complainant – compensation for unfair dismissal limited to 12 months under s.40(3).
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29 June 2020 |
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29 June 2020 |
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Prosecution’s circumstantial evidence and omitted documentary proof were insufficient; accused acquitted for no case to answer.
Criminal procedure — no-case-to-answer/half-time submission; prima facie test in judge-led trials (Galbraith/LO); circumstantial evidence — must link accused beyond reasonable doubt; failure to tender cautioned statements and Central Arms Registry proof fatal to prosecution; ballistic evidence insufficient alone to identify shooter.
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29 June 2020 |
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Insufficient and inconsistent prosecution evidence, and a caution statement admitting robbery (not murder), warrant acquittal under s.293(1).
Criminal law – s.293(1) CPA – Prima facie case to call accused to answer – Variance between charge sheet and witness evidence – Weight of cautioned statement which admits robbery but not murder – Suspicion insufficient for conviction.
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29 June 2020 |
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29 June 2020 |
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Extension of time granted where typographical error and prompt remedial action constituted good cause despite counsel's negligence.
Appellate procedure – Extension of time under s.11(1) AJA – requirement of good/sufficient cause – discretionary, case-by-case inquiry. Appellate procedure – Defective notice of appeal (typographical error) – may constitute good cause if unintentional and applicant acted promptly. Advocate negligence – generally not sufficient for extension, but may be excused depending on overall circumstances. Section 11(1) AJA – no requirement to aver the case is a fit case for appeal when seeking mere extension of time.
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26 June 2020 |
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Relitigation of previously adjudicated land ownership, by omitting the earlier owner, was an abuse of process; appeal dismissed.
Land law – res judicata – prior adjudication of ownership prohibits relitigation; deliberate omission of earlier adjudicated owner to evade prior judgments constitutes abuse of process; finality of litigation.
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26 June 2020 |
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A trial judgment lacking an express conviction and statutory specification is fatally defective and must be remitted for proper conviction and sentence.
Criminal procedure – content of judgment – mandatory requirement to state express conviction and specify offence and statutory provision – sections 235 and 312 CPA. Supervisory/revisionary powers of High Court – power to call records, remit proceedings and direct correction – sections 372/373 (CPA) and Magistrates’ Courts Act. Fatal irregularity – failure to convict is incurable and renders judgment invalid; remittal for proper judgment is appropriate remedy. Sentencing – new judgment must account for time already spent in custody.
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26 June 2020 |
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Applicant daughter granted letters of administration after complying with statutory probate requirements and publication, with court supervision.
Probate law – Letters of administration under section 56 and Rule 39; compliance with citation/publication requirements; affidavit as to domicile; administrator’s oath and bond with sureties; family meeting and consent; intestate estate asset inventory and court oversight.
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26 June 2020 |
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Where one spouse proves greater direct monetary contribution, courts may award a larger share of matrimonial property.
Family law – division of matrimonial assets – necessity to consider extent and nature of each spouse’s contributions (monetary vs domestic). Law of Marriage Act, s.114(1) – factors in equitable distribution. Evidence – burden to prove disposal/exclusion of alleged matrimonial property (sale agreement required). Where substantial direct contribution is proven, justice may justify unequal division of assets.
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26 June 2020 |
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An appeal filed in the civil registry instead of the High Court Land Registry was incompetent and struck out with costs.
Civil procedure – jurisdiction and registry competence – Appeals from District Land and Housing Tribunal must be filed as Land Appeals in the High Court Land Registry; wrong registry renders appeal incompetent and liable to be struck out.
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26 June 2020 |
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A shareholder was entitled to inspect company records; petitioner’s petition for company documents was granted.
Companies law – shareholder/member rights to inspect company books and accounts; entitlement to audited accounts, bank statements and corporate records; private company status and alleged failure to call up shares does not, without more, defeat a subscribing member’s inspection rights; evidentiary weight of MEMAT and audited financial statements in establishing shareholder status.
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26 June 2020 |
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Respondent failed to prove impoundment or tax evasion; refund unjustified and appeal allowed.
Sale of motor vehicle; burden of proof on purchaser seeking refund; proof of seizure/impoundment by police/TRA requires documentary evidence or seizing-officer testimony; mere police correspondence insufficient; bona fide purchaser and contractual breach.
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26 June 2020 |
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Buyer failed to prove vehicle was lawfully impounded or tax unpaid; trial judgment ordering refund was set aside.
Civil procedure – burden of proof – purchaser claiming refund for allegedly impounded vehicle must prove seizure, custody and basis for impoundment by admissible documents or relevant witnesses. Evidence – documentary proof (seizure certificate, TRA records) and witness testimony required to establish police/TRA custody and tax liability. Contract – bona fide purchase and absence of authoritative adverse findings preclude seller liability for refund absent proven fraud or breach.
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26 June 2020 |
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Applicant's unexplained delay and insufficient medical evidence defeated extension of time to appeal.
Extension of time – requirement to account for each day of delay – sufficiency of reasons and supporting affidavit – medical evidence adequacy – likelihood of success not sole ground for extension.
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26 June 2020 |
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Chairman’s failure to record or justify departure from assessors’ opinions vitiated the Tribunal’s judgment and warranted retrial.
Land dispute procedure – assessors’ participation – sections 23 and 24 Land Disputes Courts Act and Regulation 19(2) – requirement to record assessors’ opinions and give reasons if differing; failure to do so vitiates Tribunal’s decision; High Court revisional powers (ss.42,43) – remittal for trial de novo.
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26 June 2020 |
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Applicant failed to prove the requirements for attachment before judgment; application dismissed with costs.
Civil procedure – Attachment before judgment (Order XXXVI) – two conditions: (i) defendant about to dispose of property; (ii) disposal intended to obstruct/delay execution – burden to prove indebtedness and futile demand; overtaken-by-event/third-party sale; s.110 Evidence Act (proof of commitment).
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26 June 2020 |
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Appellate court erred by assuming unproven facts; domestic contributions warrant larger share of matrimonial house (appellant 40%).
Family law – Division of matrimonial property – domestic contributions (household work, child-rearing) qualify as contribution to matrimonial assets; appellate court erred in assuming unproved facts; variation of asset division. Civil procedure – second appeal – competence of grounds raised for first time.
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26 June 2020 |
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Appellate court found carrier liable for deposited sums, loss of fuel and general damages due to credibility and negligence findings.
Contract/Carrier liability – transport of goods – credibility of unchallenged evidence – liability for deposits made on carrier's instruction; Negligence vs. frustration – loss in transit not an act of God where vehicle unroadworthy/ uninsured or conduct suggests fraud; Assessment of damages and costs on appeal.
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26 June 2020 |
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Appellate court found carrier liable for deposited funds, loss of fuel, awarded damages and costs.
Civil appeal – carriage of fuel – assessment of witness credibility – liability for funds deposited into third-party accounts on principal’s instructions – negligence versus frustration of contract for loss in transit – vehicle insurance and statutory duty to ensure roadworthiness.
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26 June 2020 |
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Appeal allowed: procedural defects, inadequate evidence analysis, unrecorded locus visit and non‑joinder vitiated tribunal decision.
Land law – limitation period for recovery of land starts when owner becomes aware of trespass; Evidence — authentication of public documents; Civil procedure — non‑joinder of necessary party (seller) vitiates proceedings; Fact-finding — requirement to analyze evidence on balance of probabilities; Procedure — locus in quo visit must be recorded; Tribunal practice — assessors’ opinions must be properly read and recorded (Reg.19(2)).
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26 June 2020 |