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Citation
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Judgment date
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| June 2020 |
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Appeal dismissed: one exhibit expunged for non‑reading, but caution statement and oral evidence upheld conviction and sentence.
Evidence — Documentary exhibits must be read to the accused after admission; failure is fatal and leads to expungement. Evidence — Caution statements: admissibility and consequences of failing to object at trial. Criminal procedure — Preliminary hearing under s.192 CPA; effect of procedural irregularities. Search and seizure — lawfulness of search and evidential consequences. Criminal burden — prosecution must prove possession of suspected stolen property beyond reasonable doubt; possession requires explanation.
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26 June 2020 |
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Appellate court's unjustified reduction of claimed costs set aside; reduction of excessive damages upheld as reasonable.
Civil procedure – costs claimed for expenses incurred pursuing criminal proceedings – permissible if proved. Costs – discretionary exercise must be judicial, reasoned and justified; arbitrary reductions liable to be set aside. Damages – appellate intervention permissible where trial award is inordinately high or based on irrelevant factors; modest reduction upheld.
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26 June 2020 |
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Revision dismissed as incompetent for failure to exhaust appeal remedy; applicant may appeal.
Criminal procedure — Revisional jurisdiction under S.372 and S.373(1)(b) — Revision conditional, not alternative to appeal; applicant must show no appeal, appeal blocked, or good reason for not appealing; failure to meet conditions renders revision incompetent; court may not entertain merits where procedural incompetence established; private prosecution/execution issues not decided.
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26 June 2020 |
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Court granted a temporary injunction restraining respondents from selling mortgaged properties pending resolution of loan dispute.
Civil procedure – Temporary injunction – Order XXXVII Rule 1(1)(b) and sections 68(c),(e) and 95 CPC – applicant seeking to restrain sale of mortgaged properties pending suit. Loan/security enforcement – dispute over recalled loan amount and request for restructuring following COVID‑19 disruptions. Consent/non‑opposition – respondents did not oppose grant of injunction. Preservation of status quo – injunction issued pending Land Case No. 68 of 2020.
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25 June 2020 |
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Court rejected respondent's misrepresentation defence, ordered payment of Tshs. 400,000 arrears, but dismissed the revision otherwise.
Labour law – employment relationship – independent contractor/volunteer versus employee; alleged misrepresentation of qualifications; entitlement to unpaid wages/arrears; procedural fairness in termination.
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25 June 2020 |
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A court may revoke the applicant’s letters for prolonged inaction and appoint the respondent (surviving mother) as administrator.
Probate law – Revocation of letters of administration for prolonged inaction; Primary Courts (Administration of Estates) Rules GN 49/1971 Rule 10(1) – time to close probate; Locus standi – surviving parent’s interest as administrator; Jurisdiction – district court powers on probate appeals; Mis-citation of statute not fatal where correct substantive rules applied.
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25 June 2020 |
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Whether an outgoing occupier must be adequately compensated and failure to compensate renders a title transfer inoperative.
Land law – compensation of outgoing occupier – adequacy and proof of compensation; effect of non-payment on validity of title transfer. Evidence – evaluation of conflicting oral and documentary evidence and inconsistent tribunal findings. Civil procedure – locus standi to claim on behalf of deceased relatives.
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25 June 2020 |
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Court certified questions on admissibility and effect of unstamped sale agreements; non‑joinder held to be settled law.
Land law – certification of points of law under section 47(3) Cap 216 R.E. 2019 – admissibility and legal effect of unstamped sale agreements. Evidence – admissibility of unstamped documents. Civil procedure – non‑joinder/misjoinder of parties not generally fatal to proceedings (Order I r.9, CPC Cap 33 R.E. 2019).
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25 June 2020 |
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25 June 2020 |
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Extension of time to appeal refused for inordinate delay and failure to account for each day of delay.
Civil procedure – Extension of time to file appeal – Discretionary relief under s.14(1) Law of Limitation Act and ss.93,95 CPC – Applicant must account for each day of delay and show diligence. Limitation – Exclusion of period for obtaining copies of judgment – not a blanket remedy where other unexplained delays exist. Precedents – Lyamuya guidelines and authorities on accounting for delay applied.
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25 June 2020 |
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Extension of time granted where an elderly lay litigant’s procedural mistake and the court’s handling jointly caused delay.
Civil procedure — extension of time to appeal — discretion exercised in interests of justice; delay by lay litigant using wrong procedure; court’s procedural handling contributing to delay (dismissal vs. striking out).
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25 June 2020 |
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Circumstantial evidence including leading police to hidden stolen items proved burglary and theft beyond reasonable doubt; appeal dismissed.
Criminal law – Burglary and theft – Conviction based on circumstantial evidence – requirement of an unbroken chain of facts proving guilt beyond reasonable doubt. Evidence – Identification and seizure of stolen property – admissibility and weight of seizure certificates and sketch plan. Procedural – Appellant’s alibi and torture allegations insufficient to raise reasonable doubt without supporting evidence.
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25 June 2020 |
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Trial court lacked jurisdiction over a bankrupt public corporation; proceedings nullified and judgment quashed.
Jurisdiction – Bankruptcy Act (s.97; s.43(1)) – specified public corporation/receiver-manager – exclusive/original High Court jurisdiction – jurisdiction conferred by statute not by consent – jurisdiction can be raised at any time – assumption of jurisdiction vitiates proceedings; judgment nullified.
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25 June 2020 |
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Extension of time refused where applicants gave vague excuses, abandoned most grounds and sought review instead of available appeal.
Limitation law – extension of time under Section 14 LLA; requirement to plead specific and sufficient grounds; review v. appeal – review not a substitute for appeal; vague or omnibus allegations of illegality do not justify extension; abandonment of appeal grounds limits scope of relief sought.
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25 June 2020 |
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Appellant breached a sale contract; refund and damages upheld, interest award set aside.
Contract law – performance and breach – party who paid for goods proving entitlement to refund where goods not delivered; proof on balance of probabilities; assessment of special damages; appellate intervention to set aside unjustified interest award.
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25 June 2020 |
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Trial tribunal erred by deciding merits after declaring appellants lacked locus standi; proceedings quashed.
Land — Locus standi — Tribunal raising locus standi suo motu at judgment stage — Procedural fairness and right to be heard — Competency of suit — Nullity of decision where parties condemned unheard — Remedy: proceedings and judgment quashed, decree set aside, status quo restored.
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25 June 2020 |
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An uncorroborated co‑accused confession and weak circumstantial evidence cannot sustain a murder conviction; accused acquitted.
Criminal law — burden of proof beyond reasonable doubt; circumstantial evidence; admissibility and limits of co‑accused confessions (s.33 Evidence Act); requirement for corroboration; proof of common intention; cautioned statement recording requirements.
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25 June 2020 |
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A voluntary, detailed cautioned confession corroborated by medical and circumstantial evidence sustained a murder conviction and death sentence.
Criminal law – Cautioned/confessional statement – Admissibility and voluntariness; corroboration of retracted confession by medical and circumstantial evidence; use of section 169 Criminal Procedure Act to cure procedural defects; proof of malice aforethought for murder conviction.
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25 June 2020 |
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Murder conviction based on last‑seen and circumstantial evidence; late alibi rejected; sentenced to death.
Criminal law – Murder – proof beyond reasonable doubt; last‑seen evidence; circumstantial corroboration (possession of victim’s property, flight); alibi notice requirements (s.194 Criminal Procedure Act) and weight; malice aforethought inferred from suffocation injuries; no‑case acquittal of co‑accused.
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25 June 2020 |
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Revision application dismissed: pending appeal/stay, non-joinder of auctioneers, and delay defeated jurisdiction and relief.
Civil procedure — Revision jurisdiction — Appeal and revision are alternative remedies; pending notices of appeal/stay of execution oust revision. Execution — application overtaken by events where decree executed. Parties — necessity to join auctioneers/Court Broker as necessary parties for matters arising from execution. Delay — inaction by judgment debtor prior to execution may render application hopeless.
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25 June 2020 |
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An acquittal does not establish malicious prosecution where the appellant had reasonable and probable cause to prosecute.
Malicious prosecution – elements required to succeed; Probable and reasonable cause – complainant’s honest belief and reasonable grounds; Acquittal not conclusive proof of absence of probable cause; PF3 (medical report) as evidence of injury supporting reasonable cause; Evaluation and weighing of evidence in civil claim for malicious prosecution.
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25 June 2020 |
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Extension to file revision dismissed because rule provides for re-admission after appeal struck out, not revision.
Civil Procedure – Order XXXIX Rules 17 & 19 – Appeal struck out for want of prosecution – Remedy is application for re-admission – Revision is not an alternative to appeal – Extension of time to file revision misconceived where right to appeal remains.
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25 June 2020 |
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Court restored withdrawn criminal appeal because counsel’s mistake constituted sufficient reason; applicants should not suffer advocates' negligence.
Criminal procedure – restoration of withdrawn appeal – Section 371(3) Criminal Procedure Act – leave to restore where sufficient reasons shown. Professional negligence – advocate’s failure to keep records and mistaken withdrawal – whether clients should suffer for counsel’s malpractice. Court discretion – balancing procedural regularity with interests of justice when deciding restoration applications.
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24 June 2020 |
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Proceedings over estate land nullified because parties lacked letters of administration and a minor sued without a next friend.
Civil procedure - Revisional jurisdiction under s.43(1)(b) Land Disputes Courts Act; error material to merits involving injustice. Locus standi - parties claiming rights over deceased's property must have letters of administration or probate to sue or be sued. Capacity - minors must sue by a next friend (Order XXXI Rules 1, 2(1) CPC). Remedy - nullification of proceedings where tribunals ignore litigants' lack of capacity.
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24 June 2020 |
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An appeal is incompetent where the applicant improperly appeals a primary court decision already determined by the district court.
Civil procedure – Appeal competence – Proper appellate route: appeals from primary courts go to district courts; appeals from district courts go to the High Court (Magistrates' Courts Act ss.21,25). Pleadings – Clarity of petition and grounds: appeal documents must clearly identify the decision being appealed. Limitation – raised but not decided: computation from appointment of legal representative (Law of Limitation Act s.24(2)).
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24 June 2020 |
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Possession of 133 kg cannabis constitutes trafficking and statutory weight-based prohibition bars bail for the applicant.
Drugs law – possession of controlled substance included within statutory definition of trafficking; Bail – statutory bar where trafficking involves cannabis exceeding 20 kg (section 29(1)(b) Cap. 95 read with section 29(3) and section 148 CPA); Interaction between Drugs Act amendments and EOCCA bail provisions.
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24 June 2020 |
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Ward Tribunal proceedings were nullified for lack of a properly instituted written complaint; subsequent judgments set aside.
Ward Tribunals Act s11 – requirement for a written, signed complaint; competence and party joinder – absence renders proceedings a nullity; Land Disputes Courts Act s43 – High Court’s revisional powers; appellate consideration of adverse possession – competence must be determined first.
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24 June 2020 |
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Technical delay from pursuing a defective appeal can constitute sufficient cause to enlarge time to appeal.
Civil procedure – extension of time to appeal; Lyamuya criteria: account for delay, inordinate delay, diligence, illegality; technical delay arising from pursuing a defective/struck appeal may be excusable; erroneous citation of enabling provisions may be harmless if other valid provisions support the application.
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24 June 2020 |
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High Court directed District Court to inspect Primary Court probate records and, if appropriate, revise irregular estate-administration proceedings.
• Probate and administration – administration of deceased's estate – appointment, revocation and replacement of administrator – regularity of proceedings and authority to sell estate property.
• Supervisory jurisdiction – High Court powers under s.30(1)(b)(iii) Magistrates' Courts Act to call for records and direct revision by District Court.
• Civil procedure – identification of proper complainant and requirement for judicial remedy for disputed estate administration.
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24 June 2020 |
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High Court remitted primary court probate proceedings to the District Court for inspection and possible revision over alleged irregular estate administration.
Magistrates' Courts Act s.30(1)(b)(iii) – High Court supervisory/revisional jurisdiction over subordinate courts; Probate and Administration – administration of estate and legality of appointment/revocation of administrators; Sale/auction of estate assets – regularity and propriety of disposal; Revision – District Court directed to call for and inspect primary court records and, if appropriate, revise proceedings.
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24 June 2020 |
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Unexplained delays and contradictory evidence, including late medical examination, undermined prosecution proof, leading to quashing of conviction.
Criminal law – Sexual offences – Evidence – Delay in reporting and delayed medical examination weakening link between accused and offence; contradictions in prosecution witnesses; child witness testimony admissible but requires careful scrutiny; benefit of doubt to accused.
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24 June 2020 |
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An appellate court improperly reconvicted and re‑sentenced the appellant, a fatal exercise of original jurisdiction by an appellate forum.
Criminal law – Appeal – Appellate court must exercise appellate, not original, jurisdiction; reconviction on appeal is improper. Criminal procedure – Conviction and sentence – Appellate variation of sentence requires reasons; failure to give reasons is fatal. Double jeopardy – Reconviction by appellate court may amount to unlawful re‑trial. Remedies – Quash reconviction and set aside unlawful sentence; uphold trial court decision where appropriate. Compensation – Civil proceedings appropriate route to enforce monetary award.
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24 June 2020 |
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Lack of notice of an ex-parte judgment can justify setting it aside but does not automatically warrant an extension of time.
Civil procedure – ex-parte judgment – failure to notify party of date of delivery – ground to set aside under Order XX Rule 1 but not automatic ground for extension of time. Civil procedure – extension of time – Section 14 Law of Limitation Act – applicant must account for delay, show diligence and good cause. Appellate procedure – grounds of appeal – new/afterthought grounds not raised in memorandum ordinarily inadmissible.
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24 June 2020 |
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A probate court cannot determine title to estate property; administrators must marshal assets, pay debts and distribute remainder.
Probate law – jurisdiction – Primary/probate courts granting letters of administration cannot decide title to estate property or declare assets not to belong to the deceased. Administration of estates – administrators’ role to marshal assets, pay debts and distribute residue. Appellate interference – concurrent findings may be disturbed where there is a miscarriage of justice or violation of legal principle.
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24 June 2020 |
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Eyewitness visual identification found reliable; malice not proved, conviction reduced to manslaughter and 25-year sentence imposed.
Criminal law – visual identification – application of Waziri factors for nighttime identification. Criminal procedure – alibi – requirements of section 194(4)–(6) CPA and discretionary exclusion of late alibi. Homicide – distinction between murder and manslaughter – malice aforethought inferred from circumstances; single impulsive stab may warrant reduction to manslaughter. Conviction substitution – section 300(2) CPA – entry of substituted conviction and sentencing.
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24 June 2020 |
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Extension of time granted because tribunal judgment was vitiated by failure to show assessors' involvement.
Extension of time; illegality apparent on record; Lyamuya criteria; mandatory involvement of Tribunal assessors; failure to show assessors’ written opinions/readings vitiates judgment.
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24 June 2020 |
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Failure to file the mandatory notice of intention to appeal renders the appeal incompetent, but the court granted 30 days to cure the defect.
Criminal procedure – Notice of Intention to Appeal – mandatory requirement under section 361(1)(a) – failure to file renders appeal incompetent; Procedural irregularities – inconsistent record and unclear prior orders do not substitute for statutory notice; Court discretion – High Court may extend time suo motu in the interests of justice to allow filing of notice and memorandum of appeal.
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23 June 2020 |
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An appeal is incompetent without the mandatory notice of intention to appeal; court struck it out but granted a 30‑day extension.
Criminal procedure – requirement to file notice of intention to appeal under section 361(1)(a) – notice is mandatory for competence of appeal. Procedural history – Court of Appeal remitted matter for re-hearing and directed parties be heard on presence of notice of appeal. Evidence – absence of satisfactory proof of timely notice or valid extension order renders appeal incompetent. Remedies – High Court may, suo motu in interests of justice, extend time to file notice and memorandum of appeal.
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23 June 2020 |
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Conviction entered without prosecution facts despite accused disputing them was quashed; sentence set aside and repatriation ordered.
Immigration offence – unlawful presence – sentence and statutory fines; Plea of guilty – requirement that prosecution adduces summary facts in support of plea; Disputed facts/claim of permit – court must treat plea as not guilty and order full trial if facts contested; Procedural irregularity – conviction quashed; sentence set aside; release and repatriation ordered.
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23 June 2020 |
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Appeal from District Land and Housing Tribunal filed after 45 days without leave is incompetent and struck out with costs.
Civil procedure – Appeal from District Land and Housing Tribunal – Time limit under section 41(2) Land Disputes Courts Act – forty-five days. Limitation law – Applicability of Law of Limitation Act s.19 – inapplicable where specific statute prescribes limitation period. Computation of time – exclusion for procuring copies of judgment/decree not automatic; must apply for extension under proviso for good cause. Procedural consequence – appeal filed out of time without leave is incompetent and liable to be struck out.
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23 June 2020 |
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An own‑bankruptcy petition was dismissed for non‑compliance with court orders and want of prosecution.
Bankruptcy procedure – own petition – non‑compliance with court orders – failure to file ordered written submissions – want of prosecution – dismissal as proper sanction; procedural default equated to failure to appear (precedent applied).
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23 June 2020 |
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Appeal dismissed: contract claim time‑barred under the six‑year limitation; no extension granted.
Limitation of actions – contract – six‑year limitation under Law of Limitation Act Cap 89 (Schedule Item 6); accrual of cause of action at date of breach (s.6(f)); suit instituted after limitation period – no extension – claim incompetent and time‑barred; appeal dismissed.
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23 June 2020 |
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Court grants stay of execution pending appeal, finding technical delay and partial execution justify relief.
Land law — stay of execution — extension of time for appeal — technical delay — diligence — partial execution — error in citation of law inconsequential — overriding objective.
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23 June 2020 |
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Leave to appeal out of time denied for failure to show sufficient reasons, account for delay, or raise contentious issues.
Probate appeal — Leave to appeal out of time — Distinction between leave and extension — Need to show good and sufficient reasons and account for delay — Requirement of serious and contentious issues fit for appeal — Procedural correctness (appeal vs revision/review) — Costs on dismissal.
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23 June 2020 |
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Ex‑parte decree not set aside where the applicant had notice and failed to show a valid excuse.
Civil procedure – setting aside ex‑parte decree – Order IX r.13 and Order XLVIII r.2 – Service of summons – irregular service not dispositive where defendant had notice and sufficient time to appear – affidavit of advocate insufficient; need for affidavit by applicant’s officer to explain failure to inform counsel.
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23 June 2020 |
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Donee’s power of attorney valid in primary court; irregular testimony can be expunged without overturning verdict if evidence suffices.
Primary courts – representation by donee under power of attorney – locus standi; admissibility of testimony by donor and donee; role and recording of assessors' opinions in primary court judgments; admissibility of documents tendered by an arguably incompetent witness; civil standard of proof in loan/repayment claims.
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23 June 2020 |
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Appellant’s challenges to child-witness procedure and exhibit admissibility failed; conviction and sentence for housebreaking and stealing affirmed.
Criminal law – burden of proof beyond reasonable doubt; Evidence Act s.127(2) – child witness competency and oath; Criminal Procedure Act s.210(3) – reading admitted exhibits; Seizure certificate admissibility (s.38(3) CPA); appellate review of procedural irregularities.
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23 June 2020 |
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Extension of time to file leave to appeal granted due to earlier technical strike-out and sufficient cause shown.
Extension of time to appeal; sufficient/good cause test; discretion must be exercised judicially; factors: length and reasons for delay, applicant's diligence, prejudice, point of law; Law of Limitation Act s.14(1); prior technical strike-out may constitute sufficient cause.
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23 June 2020 |
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A High Court ruling refusing extension of time may be appealed directly to the Court of Appeal without a certificate on a point of law.
Appellate procedure – High Court ruling in original jurisdiction – Requirement of certificate on a point of law under s.5(2)(c) Appellate Jurisdiction Act – Certificates required only for third appeals originating from lower courts – Direct appeal to Court of Appeal from High Court ruling refusing extension of time.
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23 June 2020 |
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Conviction on a guilty plea quashed where the charge was defective and the plea did not match the alleged offence.
Criminal law – guilty plea – equivocal plea – effect of defective charge; Drugs Control and Enforcement Act s.15A(1),(2)(c); Regulations 3(1)(a) – inconsistency in quantity thresholds (50 kg v 50 g) – jurisdiction and validity of charge; quashing conviction and ordering release.
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22 June 2020 |