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Citation
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Judgment date
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| June 2020 |
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High Court granted leave to appeal after finding the applicant had shown points of law and respondents defaulted.
Civil procedure – Leave to appeal – Certificate under s.5(2)(c) Appellate Jurisdiction Act – requirement to show point(s) of law. Land disputes – application under s.47(2) Land Disputes Courts Act for leave to appeal. Practice – ex parte hearing and service by publication where respondents repeatedly absent. Discretion – High Court’s discretion to grant or refuse certificate to appeal.
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8 June 2020 |
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Leave to appeal granted where prima facie arguable issues warranted Court of Appeal review.
Civil procedure — Leave to appeal under s.5(1)(c) Appellate Jurisdiction Act — discretionary jurisdiction of High Court Standard for leave — whether intended appeal is arguable/has prima facie grounds, not a merits determination Public interest and points of law may justify leave where statutes and precedents allow appellate consideration Procedural dispute (whether applicant applied for copy of judgment) is a matter for the Court of Appeal once leave granted
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8 June 2020 |
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Hearsay testimony and unreliable visual identification failed to establish a prima facie murder case; accused acquitted.
Criminal law – murder – whether prosecution established a prima facie case requiring accused to answer (s.293(1) CPA). Evidence – hearsay – exclusionary rule; inadmissibility of third‑party accounts and requirements of s.62 Evidence Act. Evidence – statements of deceased – inadmissibility where s.34B(2) conditions not satisfied. Identification – visual ID at night/dawn – necessity for detailed facts on source/intensity of light, distance and duration; identification must be watertight.
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8 June 2020 |
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A guilty plea cannot support conviction absent unequivocal admission, required analyst certification, and proper seizure formalities.
Criminal law – guilty plea – plea must be unequivocal and admit all ingredients of offence; plea equivocal if facts read do not disclose ingredients. Evidence – narcotics – requirement under s.48A (DCEA 2017) for Government Analyst certification (Form DCEA 001) before seized substance constitutes conclusive evidence. Procedure – search and seizure – necessity of receipt, independent witnesses/local leader, and search report to protect chain of custody. Evidence – cautioned statement tendered but not read in court is inadmissible and must be expunged.
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8 June 2020 |
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Appointment of an administrator based on local leaders’ minutes without hearing heirs was unlawful and is set aside.
Probate law – appointment of administrator – requirement that heirs be involved and properly cited – minutes convened under local government leaders insufficient. Civil procedure – revision v. appeal – non-parties with interest should seek revision, not appeal. Probate practice – appointment of non-heir requires reasons; failure to advertise/summon heirs is fatal irregularity. Role of local leaders – maintain order and introduce parties only; not to chair family probate decisions. Administrator duties – identify heirs, collect assets, pay debts, file inventory/accounts and close probate within prescribed time.
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8 June 2020 |
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Lack of agreement on payment time defeated the contract; vendor validly rescinded and resold after buyer’s default.
Contract law – consensus ad idem – essential term (time for payment) — lack of agreement vitiates contract; buyer’s failure to pay balance justified vendor’s rescission and resale; appellate deference to trial tribunal’s credibility findings.
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6 June 2020 |
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A notice of appeal addressed to the wrong court renders the High Court appeal incompetent and it will be struck out.
Criminal procedure – Appeal – Notice of appeal must comply with section 361 Criminal Procedure Act – Notice addressed to wrong court renders appeal incompetent – Court must first determine competence before addressing merits – Appeal struck out with leave to refile.
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6 June 2020 |
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Court grants certificate to appeal on whether an illegitimate child can inherit under Islamic law from grandmother and father.
Probate and inheritance — Legitimacy and inheritance under Islamic law — Whether an illegitimate child can inherit from grandmother in presence of other blood relatives — Certification under s.5(2)(c) AJA for appeal to Court of Appeal.
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5 June 2020 |
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Convictions quashed where prosecution failed to prove ownership, exhibits were irregularly admitted and charges were multiplicative.
Criminal law – proof beyond reasonable doubt; identification and ownership of stolen property – doctrine of recent possession; admissibility and proper marking of exhibits; procedural irregularities in tendering evidence; improper multiplicity of charges.
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5 June 2020 |
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5 June 2020 |
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High Court functus officio after prior final bail refusal; fresh bail application dismissed.
Criminal procedure — Bail pending trial — Whether High Court is functus officio to re‑entertain bail after prior final refusal; Jurisdiction — Preliminary objection on functus officio may be raised at any stage; Effect of valid DPP certificate opposing bail — finality of prior bail determination.
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5 June 2020 |
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Application to amend defence and add counterclaim dismissed because execution/auction disputes are for the executing court and estopped by prior ruling.
Commercial procedure – amendment of pleadings – Rule 24(1) and (3)(b) Commercial Court Rules; Discretion to amend only to determine real question in controversy; Execution of decrees – disputes over auction and proceeds fall within the executing court (High Court Land Division) under section 38 and Order XXI CPC; Res judicata/estoppel – prior Land Division findings bar relitigation of execution matters.
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5 June 2020 |
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A tribunal’s res judicata strike-out was quashed where the respondent failed to follow mandatory Rule 29 opposition procedure.
Labour law — Procedure — Rule 29 Labour Institutions (Mediation & Arbitration) Rules — distinction between notice of application and notice of opposition/counter-affidavit — res judicata — right to be heard — jurisdictional error where mandatory procedure not followed.
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5 June 2020 |
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Failure to obtain leave to depart a scheduling conference order renders a security-for-costs application incompetent and it was struck out.
Civil Procedure — Scheduling conference orders — Order VIIIB Rule 23 requires prior leave to depart from or amend scheduling orders; failure to obtain leave renders subsequent applications incompetent; security for costs (Order XXV Rule 1(1)) is discretionary but subject to compliance with scheduling-order rules.
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5 June 2020 |
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Wider family consent not required; parental consent and the child's best interests govern granting adoption to the applicant.
Adoption law – consent of parents and spouse; no requirement for wider family/clan consent; statutory prerequisites (social welfare report, custody period); best interests of the child paramount; obligation to register adoption with Registrar General.
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5 June 2020 |
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Appellate court correctly overturned trial judgment where appellant failed to prove cattle damage on balance of probabilities.
Civil appeal — burden of proof — balance of probabilities — hearsay and uncorroborated witnesses — failure to call key witness — appellate court justified in overturning trial court.
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5 June 2020 |
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Appeal dismissed: prosecution proved personation and obtaining by false pretence beyond reasonable doubt; ownership claim unproven.
Criminal law – personation and obtaining by false pretence – burden and standard of proof beyond reasonable doubt – admissible documentary evidence (bank deposit and withdrawal slips) – ownership of land not established – typographical error in typed judgment resolved by reference to original record.
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5 June 2020 |
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Non‑party to DLHT proceedings lacks locus standi to seek revision; extension application struck out as incompetent.
Land law – Revision – Whether non‑party to DLHT proceedings has locus standi to seek revision under s.43(1)(b) Cap.216; Procedural law – Extension of time – application for extension incompetent where substantive remedy unavailable; Statutory construction – specific land‑tribunal revisional provision narrower than AJA s.4(3).
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5 June 2020 |
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Affidavit verification must distinguish personal knowledge from received information; failure renders the application incurably defective.
Civil procedure – Affidavit requirements – Verification clause must specify which paragraphs are from deponent’s own knowledge and which are on information received; non‑disclosure renders affidavit incurably defective and application incompetent – Order XIX r.3(1), Order VI r.15(1)–(2) CPC; Interpretation of Laws Act s.53(2).
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5 June 2020 |
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An interdicted employee cannot claim acting or duty-related allowances when not performing the acting role; CMA award upheld.
Labour law — interdiction/suspension — entitlement to remuneration and allowances during interdiction — acting allowances payable only when performing duties — Standing Order F30(4) on interdicted public servants — revisional jurisdiction of High Court over CMA awards.
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5 June 2020 |
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Failure to read an amended charge and take a plea rendered the trial a nullity; conviction quashed and sentence set aside.
Criminal procedure – Amendment of charge – mandatory requirement to read amended charge to accused and take plea before prosecution opens case – non-compliance renders proceedings a nullity; curability under s.381 considered. Evidence – identification and admissibility of cautioned statement challenged but not determined due to procedural nullity.
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5 June 2020 |
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Appellant's conviction quashed for failure to read/record facts and exhibits, resulting in denial of a fair trial.
Criminal procedure – Plea of guilty – requirement to read and record facts containing the substance of the offence (s.228 Criminal Procedure Act) – improper or absent recording vitiates conviction. Admission of documentary exhibits – admitted exhibits must be read aloud to accused so contents known – failure breaches fair trial (see Robinson Mwanjisi). Failure to tender or admit central physical exhibit undermines prosecution proof of unlawful possession. Conviction must state the offence, law and section – absence renders conviction defective. Retrial inappropriate where procedural irregularities deny fair trial and would allow prosecution to cure defects.
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5 June 2020 |
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Leave to appeal granted to determine whether a party can be introduced or replaced by amending the plaint.
Civil procedure — Leave to appeal to Court of Appeal under s.5(1)(c) AJA and Rule 45(a) CAR — test for leave: prima facie grounds or disturbing features requiring guidance. Civil procedure — Amendment of plaint — introduction or replacement of parties by amendment — whether such amendment is legally and procedurally permissible and raises point of law.
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5 June 2020 |
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Applicant lacked locus standi to sue in personal capacity over deceased’s estate; application struck out with costs.
Civil procedure — Locus standi — Suit concerning deceased’s estate must be brought by legal representative (administrator) and properly captioned; Failure to apply for correction under section 96 before filing High Court application; Preliminary objections — striking out for incorrect title; Affidavit defects (non-disclosure of source, legal argument, defective jurat) — not determined after locus standi objection sustained.
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5 June 2020 |
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Retrial filed in breach of an earlier order and sentencing without conviction rendered proceedings null; appellants discharged.
Criminal procedure – retrial – compliance with appellate order; Sentencing must follow conviction; Proceedings nullity for breach of court order; Respect for court orders; Right to fair trial; Interests of justice – discharge rather than retrial.
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5 June 2020 |
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Failure to obtain a social enquiry report where statutory factors were unestablished warranted quashing and remittal, with interim maintenance maintained.
Child maintenance – Law of the Child Act s.44 factors – income, wealth, earning capacity, liabilities, cost of living and child’s rights. Social enquiry report – s.45 LCA and rule 85 Juvenile Court Rules – discretionary requirement but necessary where statutory factors are not established. Revision – quashing and remitting juvenile court’s maintenance order for fresh determination. Interim maintenance – continuation during pendency.
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5 June 2020 |
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Respondent’s preliminary objections on jurisdiction, limitation and corporate authority dismissed; suit to proceed to merits.
Civil procedure – preliminary objections – must raise pure points of law; not suitable when facts must be ascertained (Mukisa Biscuits). Jurisdiction – forum selection clause ineffective where agreement not validly brought into force by signature. Limitation – suitability of time-bar plea depends on pleaded cause of action and applicable limitation period. Corporate law – authority to institute suit (board resolution) is a factual issue requiring evidence, not a preliminary legal point.
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4 June 2020 |
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Restoration refused where applicant failed to show sufficient cause, had not served judgment debtors, and restoration would prejudice decree holders.
Civil procedure – restoration after dismissal for want of prosecution – Order IX Rule 9(1) CPC – sufficiency of cause; failure to effect service; preliminary objections not excusing non-appearance; prejudice to decree holder and long delay in execution.
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4 June 2020 |
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An application supported by an affidavit attested by an unqualified person is void; the application was struck out.
Administrative and procedural law – validity of affidavits – attestation by unrenewed advocate; Interpretation of OAG Act s.17A – requirement for gazetted guidelines before law officers may attest; Notaries Public and Commissioners for Oaths Act – necessity of valid practising certificate; Civil procedure – Rule 24(3) Labour Court Rules – application unsupported by affidavit is incompetent; Overriding objective cannot cure unlawful practice.
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4 June 2020 |
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A valid notice of intention to appeal is jurisdictional; without it the court cannot grant extension to admit an appeal.
Criminal procedure – Notice of intention to appeal – Section 379(1) CPA – Notice of appeal is a jurisdictional prerequisite to institute a criminal appeal; absence of valid notice renders appeal incompetent and divests court of jurisdiction to admit appeal out of time; cannot consider merits of non-existent appeal.
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4 June 2020 |
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Preliminary objections sustained: defective jurat and advocate-sworn hearsay rendered much of the reply inadmissible; parties bear own costs.
Probate and administration — affidavit jurat and attestation — compliance with section 8 Notaries Public and Commissioners for Oaths Act — advocate-sworn affidavits — limits to matters within advocate’s personal knowledge — hearsay and Order XIX Rule 3 — preliminary objections sustained.
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4 June 2020 |
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Applicant granted bail under statutory provisions on a Tshs 15,000,000 bond, Tshs 6,000,000 security and movement restriction.
Criminal procedure — Bail application under section 29(4)(d) Cap. 200 R.E. 2019 — Court grants bail under sections 36(5) and (6). Bail conditions — Bail bond, cash deposit or property title as security; restriction of movement to region. Administration — Approval and execution of sureties and bail conditions to be effected by the lower court.
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4 June 2020 |
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Court granted extension to file leave to appeal, finding the applicant gave sufficient reasons for the delay.
Extension of time – application to file leave to appeal out of time – sufficiency of reasons/sufficient cause – factors: length and cause of delay, diligence, prejudice, point of law – Law of Limitation Act s.14(1) and Court of Appeal authorities.
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4 June 2020 |
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Failure to consider the defence and irregular PF3 admission were irregularities, but remaining evidence upheld the conviction.
Criminal law – sexual/unnatural offence against a child; Evidence Act s.127(2) – child witness promise; Criminal Procedure Act s.240(3) – PF3 admissibility, duty to inform accused and summon maker; expungement of irregularly admitted medical report; non-direction/failure to consider accused's defence – appellate re-evaluation; confessional statement admissibility – no trial-within-a-trial absent allegation of involuntariness; sufficiency of victim's testimony to sustain conviction.
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4 June 2020 |
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Applicant's request for s.47(2) certificate denied because raised issues were factual, unargued or not decided as points of law.
Land Disputes Courts Act s.47(2) – certificate of point of law required for appeals from Ward Tribunal; Distinction between questions of law and questions of fact – factual disputes not certifiable; Locus in quo and misjoinder of parties – remedy is to sue the actual trespasser; Obiter dictum does not create certifiable points of law.
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4 June 2020 |
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Children's wishes must be considered; mother awarded custody, maintenance increased, and matrimonial house retained for children's benefit.
Family law – Child custody – Best interests of the child – Weight of a child's wishes where old enough to express preference. Family law – Division of matrimonial property – Domestic contributions of a housewife – Equitable sharing (CEDAW and Maputo Protocol). Maintenance – Father's duty under section 129 of the Law of Marriage Act and duty to pay school fees. Procedural – Appellate review where lower court misdirects on evidence.
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4 June 2020 |
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Appeal dismissed: administratrix proved ownership; limitation, jurisdiction and non-joinder objections failed.
Land law – recovery of land – accrual of right of action on dispossession; Evidence Act (ss.100,101,110) – documentary evidence and burden of proof; administratrix’ locus standi upon letters of administration; pecuniary jurisdiction of Tribunal – value at institution; non-joinder/misjoinder – Order 1 r.9 CPC; admissibility/credibility of post-filing valuation; capacity of minors to grant property.
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4 June 2020 |
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Whether CMA erred by treating retrenchment-payment claims as unfair termination, misapplying 30-day instead of 60-day limit.
Labour law – time limits for referral to CMA – Rule 10(1) (30 days) v. Rule 10(2) (60 days) – retrenchment payment/terminal benefits – form errors not fatal where substance clear – revisional jurisdiction to correct legal errors – substantial justice over technicality.
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4 June 2020 |
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Applicant's TB and hospitalization constituted sufficient cause to grant extension of time to lodge a notice of appeal.
Criminal procedure – extension of time – delay due to sickness (tuberculosis and hospitalization) – oral intention to appeal – respondent's concurrence.
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4 June 2020 |
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Court adjusted division of matrimonial home (65/35), heard children in camera and awarded custody to the appellant.
Family law – divorce – division of matrimonial assets – plot bought before marriage but house built during marriage – application of sections 60 and 114 Law of Marriage Act; burden of proof in asset division; custody of children – children’s right to be heard under section 125(2)(b); appellate court’s inherent power under section 95 CPC to examine children in camera.
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3 June 2020 |
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Striking out a suit for being the 'last adjournment' was unjustified; matter remitted for continuation or decision under Order XVII r.3.
Civil procedure – striking out of suit – no provision allows striking out merely for being the 'last adjournment'. Civil procedure – Order XVII r.3 – court may decide suit on existing evidence where party granted time fails to produce evidence. Civil procedure – procedural irregularity – misnaming applicant/respondent in chamber summons not fatal to maintainability of revision. Reassignment – matter to be continued before a magistrate with competent jurisdiction.
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3 June 2020 |
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Conviction quashed for failure to prove charge; 15‑year sentence found irregular and set aside.
Criminal law – Proof of offence – Prosecution must prove particulars in the charge sheet beyond reasonable doubt; Variance between charge and evidence fatal. Evidence – Hearsay inadmissibility. Sentencing – Interpretation of s.268(1) Penal Code; "shall be liable to" does not necessarily impose a mandatory minimum; subordinate court sentencing limits (s.170(1)(a) CPA).
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3 June 2020 |
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Conviction set aside for unsafe identification and absence of proof of recent possession; appellants ordered released.
Criminal law – Armed robbery – Visual identification – adequacy of identification where victims were awakened at night, tied and face-covered; dock identification versus prior description or identification parade; reliability of firewood/moonlight illumination. Evidentiary law – Recent possession doctrine – requirement that alleged stolen property be produced; exhibit absence defeats recent possession inference. Procedure – Improper application of estoppel where prosecution did not first prove the fact.
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3 June 2020 |
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Conviction quashed: identification by colour and inconsistent trophy valuation undermined possession charge.
Criminal law – Wildlife Conservation Act – unlawful entry and unlawful possession of government trophies – identification of dried meat; insufficiency of identification by colour alone. Evidence – competency of witnesses from same office; direct eyewitness evidence requires no corroboration. Evidence – contradictions in valuation of trophies undermine prosecution. Prosecution – consent by State Attorney In-Charge constitutes DPP consent under relevant statute. Procedural – trial court’s closure of defence case by court; no prejudice where accused indicated no witnesses.
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3 June 2020 |
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Appellate court quashed trial judgment for failing to consider the defence and recalculated unpaid debt from bank records.
Civil procedure – company litigant – requirement of board resolution to sue; timeliness of raising such objection on appeal.* Civil procedure – adequacy of judgment – necessity to address and evaluate defence evidence; consequences of failing to do so.* Appeal – first appellate court stepping into trial court's shoes to re-evaluate evidence when judgment is legally defective.* Evidence – probative value of bank statements to prove payments and reduce claimed debt.* Remedies – quashing of defective judgment, recalculation of decretal sum, interest and general damages award.
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3 June 2020 |
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Petition struck out as matter concerned statutory procedure/evidence, not a constitutional violation; ordinary Article 83(1)(b) remedy available.
Constitutional law — public interest standing under Article 26(2); Parliamentary privileges — scope of Article 100(1) and limits where acts are without jurisdiction; Procedure — BRADEA inapplicable to Articles 71(1)(f); Remedy — matters on whether an MP ceased to be a member under section 37(3) Elections Act are for Article 83(1)(b) proceedings; Frivolous petitions — inappropriate use of constitutional jurisdiction when ordinary statutory remedies exist.
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3 June 2020 |
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Whether land and improvements allegedly owned by the appellant's parents became matrimonial property distributable to the parties.
Matrimonial property — conversion of originally personal land by substantial improvements during marriage — distribution under Law of Marriage Act s114(3); Evidence Act s123 on belief from long uninterrupted use; necessity of proof of existence before distribution.
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3 June 2020 |
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Conviction for careless driving overturned: prosecution failed to prove excessive speed; sketch map wrongly admitted and expunged.
Criminal law – Traffic offences – causation of death and injury by careless driving – proof beyond reasonable doubt. Admissibility of documentary exhibits – proper procedure for clearance, admission and reading of contents; failure renders document expungible. Evidence – passenger opinion on vehicle speed insufficient without objective data or expert evidence. Duty of prosecution to investigate mechanical causes and call material witnesses (driver, SUMATRA) where decoder/speed records exist. Conviction unsafe where prosecution relies on speculation and fails to rebut plausible mechanical-failure explanation.
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2 June 2020 |
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Court granted a seven‑day extension to file notice of appeal due to missing court records and demonstrated diligence.
Extension of time – Appellate Jurisdiction Act s.11(1) – missing court records and clerical defects – what constitutes sufficient cause – exercise of judicial discretion to enlarge time (Lyamuya principle) – preliminary objection on affidavit attestation raised late and dismissed.
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2 June 2020 |
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Appellate court upheld conviction based on voluntary, corroborated cautioned confessions and applicable mandatory sentence.
Wildlife law – unlawful possession of government trophy (elephant tusk) – statutory sentence 20–30 years. Evidence – cautioned statements/confessions – voluntariness, admissibility and weight (Evidence Act ss.27,29). Corroboration – confessions corroborated by independent witnesses and physical exhibits (motorcycle, tusk, valuation). Appellate review – re-evaluation of evidence by first appellate court; conviction upheld.
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2 June 2020 |