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Citation
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Judgment date
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| August 2020 |
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Alleged procedural defects were curable; conviction for unnatural offence and life sentence upheld.
Criminal procedure – coram and attendance; preliminary hearing – compliance with s192(3) CPA; substance of charge – s228(1) CPA; accused’s address and choice of defence – s231(1) CPA; clerical errors in statutory citations – curable; conviction for unnatural offence upheld.
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31 August 2020 |
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Court appointed joint administrators after revocation of prior grant where applicants complied with probate requirements and no objections were filed.
Probate law – Grant of letters of administration – Substitution after revocation of prior grant – Compliance with s.49(2) Probate and Administration of Estates Act and rule 14 Probate Rules 1963. Procedure – Publication of citations in a newspaper and absence of caveat or objection as basis for granting administration. Requirements – Death certificate, domicile affidavit, administration bond, surety financial certificate, and oath of fidelity.
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31 August 2020 |
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Court granted extension to appeal where delay was caused by prisoners’ reliance on prison authorities to lodge appeal documents.
Criminal procedure – Extension of time under section 361(2) Criminal Procedure Act – sufficiency of cause – prisoners’ reliance on prison authorities to lodge appeals – consolidated applications originating from same trial.
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31 August 2020 |
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31 August 2020 |
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Appellate court expunged improperly timed caution statement and unplayed CD but upheld convictions based on other admissible evidence.
Criminal law – circumstantial evidence must exclude reasonable hypotheses of innocence; admissibility of caution statements (four-hour rule) and extra-judicial statements; electronic evidence must be read/produced in court; non-calling of a witness not necessarily fatal where other credible evidence exists.
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31 August 2020 |
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31 August 2020 |
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Court found employee medically incapacitated, quashed re-engagement, awarded termination benefits, arrears and damages.
Labour law – work-related injury and medical incapacity – determination of capacity and appropriate remedy (re‑engagement v termination). Procedural and substantive fairness – summary termination for absenteeism where injury is work-related. Exhaustion of local medical remedies and employer policy – burden to prove policy/referral requirement. Remedies – salary arrears, general damages, medical expenses, severance and notice pay under s.88 and limitation considerations.
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31 August 2020 |
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Appeal struck out as incompetent because the notice of intention to appeal failed to comply with the prescribed format and title.
Criminal procedure – Notice of intention to appeal – prescribed format and title required for appeals from subordinate courts to the High Court – non-compliance renders notice improper. Criminal procedure – Preliminary objection – defective notice of appeal – effect: appeal incompetent and liable to be struck out. Procedure – concession by appellant on procedural defect – obviates need to determine substantive grounds of appeal.
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31 August 2020 |
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31 August 2020 |
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Failure to account for all days of delay and to prove reasons for delay warranted dismissal of the extension application and costs.
Limitation — Extension of time under s.14 Law of Limitation Act and Order XLIII r.2 CPC — requirement to produce certified judgment before appealing — obligation to account for all days of delay — insufficiency of unproved personal misfortunes (illness, death of relative) — application dismissed; costs awarded.
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31 August 2020 |
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Retrenchment upheld: employer’s operational and economic reasons and consultation process found valid; revision dismissed.
Labour law – Retrenchment – Operational requirements (economic and structural) – Validity and good faith of employer’s decision; Labour law – Procedural fairness – Disclosure and consultation with trade union; Evidence – Employer’s documentary proof (budget comparisons, VAT refunds, legislative changes) sufficiency; Post-retrenchment hiring – recruitment with different qualifications does not automatically prove sham retrenchment.
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31 August 2020 |
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Leave to appeal out of time granted due to wrongful registry filing and presence of arguable points of law.
Civil procedure – Extension of time and leave to appeal out of time; discretion under Section 11(1) AJA and Rule 83(1) Court of Appeal Rules; sufficient cause/good cause; wrongful filing at wrong registry as potential excuse; presence of arguable points of law.
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31 August 2020 |
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Criminal appeal struck out for being filed out of the 45-day period and without the requisite notice of intention to appeal.
Criminal procedure – Appeal – Time limits – Appeal filed outside the statutory 45-day period – Notice of intention to appeal not filed – Appeal incompetent and struck out; remedy is application for extension of time and to lodge appeal out of time.
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31 August 2020 |
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Bona fide purchasers retain rights despite sellers' disputed title; locus visits and late objections to exhibits are not mandatory.
Land law – bona fide purchaser – effect of purchaser's good faith acquisition when seller’s title is disputed; Civil procedure – locus in quo inspections – exceptional and not mandatory where dispute concerns validity of sale rather than boundaries; Evidence – admissibility of documents – objections must be timely raised; Procedural capacity – omission to show administrator status may be cured where letters of administration are on record.
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31 August 2020 |
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Conviction set aside for failure to record child-witness’ statutory promise; retrial ordered in the interests of justice.
Evidence Act s.127(2) – child witness must promise to tell truth before giving evidence; failure renders evidence inadmissible; rape — victim’s evidence crucial but must be properly admitted; retrial principles — retrial may be ordered where original trial was procedurally defective and interests of justice require it (Fatehali Manji and Tanzanian authorities).
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31 August 2020 |
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Whether a purported village allocation can confer title absent compliance with the Village Land Act and prior adverse judgment.
Land law – ownership dispute – encroachment – validity of village land allocation – nemo dat quod non habet – Village Land Act s.145(4) publication requirement – admission of documentary evidence – assessors' opinion and unanimous decision – appellate review – non-fatal omission to explain right of appeal.
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31 August 2020 |
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DLHT’s sua sponte determination of time-bar without hearing parties vitiated proceedings; retrial ordered de novo.
Land disputes – limitation/time-bar issues – raising jurisdictional or limitation issues sua sponte – right to be heard – omission of administrator capacity in case title not fatal where letters of administration admitted – first appellate duty to rehear and re-evaluate evidence – quashing and ordering rehearing de novo.
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31 August 2020 |
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Second appellate court upheld concurrent factual findings and found ward tribunal judgment valid; appeal dismissed with costs.
Land law – boundary dispute between adjoining unsurveyed parcels – determination on evidence and locus visit Civil procedure – appellate review – second appeal will not entertain issues not raised at lower courts Evidence – weight of vendor testimony and neighbours on boundary and ownership Procedural irregularity – quorum and judgment defects alleged but ward tribunal judgment found proper
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31 August 2020 |
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Court refused to waive treaty-based immunity of an international bank and ordered the applicant to vacate property to protect a bonafide purchaser.
International organisations – immunity – immunity derived from constitutive treaty/charter – courts to assess immunity against organisational instruments. Civil procedure – application for leave to sue international entity – non-justiciability where immunity flows from treaty and claim is against non-party borrower. Property law – bonafide purchaser for value at public auction – protection of title and possession; duty to take reasonable care. Inherent powers – section 95 Civil Procedure Code – ordering delivery of vacant possession to protect lawful purchaser.
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31 August 2020 |
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Revision cannot replace an available appeal absent good and sufficient reasons; application dismissed for incompetence.
Civil procedure – Revisionary jurisdiction v. right of appeal – Revision not a substitute for appeal where appeal exists unless special circumstances justify it. Magistrates' Courts Act – appealable orders under s.25(1)(b) and (3) – competence of revision application. Requirement to establish good and sufficient reasons for not appealing.
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31 August 2020 |
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Applicant failed to show good cause for extension; alleged jurisdictional illegality was not apparent on the record.
• Civil procedure — Extension of time — Applicant must account for every day of delay; general unexplained delay is insufficient. • Illegality as ground for extension — Point of law must be of sufficient importance and apparent on the face of the record (e.g., jurisdictional defect). • Authorities: Bushiri v. Mashayo; Lyamuya Construction Co.; Devram Valambhia; FINCA (case law on extension of time).
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31 August 2020 |
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31 August 2020 |
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31 August 2020 |
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Taxation of retirement benefits is a TRA matter; CMA lacked jurisdiction and repatriation claims under GN No.5/2008 failed.
Labour jurisdiction – CMA lacks jurisdiction over taxation disputes which are within TRA and statutory tax appeal mechanisms. Tax law – employer as agent under Income Tax Act obliged to remit assessed tax; deductions part of employee income. Evidence and procedure – communication via employer and union with TRA suffices to involve employees in assessment process. Labour benefits – repatriation entitlement governed by collective bargaining agreement; G.N. No.5/2008 applies to public servants only.
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31 August 2020 |
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Court revised CMA award for unfair termination, correcting miscalculated severance and inconsistent compensation figures.
Labour law – unfair termination – procedural fairness under s.37(2)(c) ELRA and Rule 13(6) Code of Good Practice – review of CMA award for misdirection and computational errors – effect of failure to decide framed issue – correction of severance computation.
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31 August 2020 |
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Registrar must register transfer after caveat notice lapses absent a High Court order or proof of pending proceedings.
Land registration – suspension of registration – effect of section 78(6) – caveat lapses after one‑month notice unless High Court order or withdrawal. Registrar's discretion – section 14(3) limited to first registration and not applicable to already registered estates. Burden of proof – Registrar must produce authentic evidence of pending proceedings; section 110(1) Evidence Act. Caveator's inaction – failure to prosecute or authenticate claims precludes continued suspension.
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31 August 2020 |
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Confession corroborated entry with intent; stealing conviction quashed for inconsistent ownership and IMEI evidence.
Criminal law – entry into dwelling with intent – admissibility of cautioned statement – no trial-within-trial where no allegation of coercion; identification parade not required where no identification at scene; theft charge quashed for insufficient proof of ownership and inconsistent IMEI/evidence.
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31 August 2020 |
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Court dismissed constitutional challenge to POTA, finding impugned sections limited rights lawfully with adequate safeguards.
Constitutional law — challenge to Prevention of Terrorism Act provisions concerning interception, ministerial directions, ex parte orders, search/forfeiture, admissibility of certificates and registration revocation — balancing national security and fundamental rights; presumption of constitutionality; judicial oversight, AG consent and reasonable‑grounds safeguards.
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31 August 2020 |
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31 August 2020 |
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High Court allowed appeal, finding first appellate court mis-evaluated evidence and sale of collateral was unfair and legally problematic.
Civil procedure – appeal – erroneous re-evaluation of evidence by first appellate court; Contract law – validity of consideration and void ab initio under s.10 Law of Contract Act; Banking law – unlawful assumption of banking functions contrary to s.6(1) Banking and Financial Institutions Act; Security for loans – disposal of collateral and fairness of recoupment.
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31 August 2020 |
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Conviction for statutory rape quashed where the victim’s age was not proved and the court failed to inquire.
Criminal law – Rape (statutory) – Proof of victim’s age – Where contradiction on age arises court must inquire under s.113 Law of the Child Act – Failure to determine age vitiates conviction under s.130(2)(e) Penal Code.
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31 August 2020 |
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Oral evidence can establish a tenancy; appeal dismissed for failure to rebut tenancy and rent arrears.
Land law – Tenancy v licence – oral agreement may establish tenancy; proof on balance of probabilities; adverse inference where party fails to rebut or produce documentary evidence; enforcement of rent arrears and possession orders.
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31 August 2020 |
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Concurrent factual findings and criminal conviction established the appellant's misappropriation; appeal dismissed, compensation and costs awarded.
Criminal conviction as evidentiary support in civil claims; concurrent findings of fact — limited interference on second appeal; misappropriation/stealing by agent; enforcement of criminal compensation — distress warrant vs fresh civil action; costs for frivolous or dilatory appeals.
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31 August 2020 |
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Appellate court expunged improperly received child‑witness evidence, quashed conviction and ordered retrial with custody and credit for time served.
Criminal law — Sexual offences: evidence of child of tender age — Evidence Act s.127 (as amended) — trial court must conduct brief inquiry to assess understanding of oath/affirmation or obtain and record promise to tell the truth — failure renders child’s evidence improperly admitted and may be expunged; retrial ordered where interests of justice require it.
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31 August 2020 |
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An affidavit missing jurat date/place breaches mandatory rules, rendering the applicant's application incompetent and struck out.
Civil Procedure — Affidavit jurat — jurat must show date and place of attestation — Order 6 Rule 14 CPC mandatory — non-compliance renders supporting affidavit defective and application incompetent — preliminary objection — striking out application.
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28 August 2020 |
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Suit dismissed: lease imposed no lessor security duty and arbitration clause made court action premature.
Contract/lease interpretation — no implied lessor security obligation; Dispute resolution — negotiation/ADR/arbitration clause is a condition precedent to court proceedings; Suit premature where arbitration clause not exhausted; Ex parte proof still requires balance of probabilities.
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28 August 2020 |
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Failure to visit locus in quo and not reading assessors' opinions undermined the Tribunal's judgment; retrial ordered.
Land law – possession, title and extent of land – necessity of proving parcel dimensions in trespass claims. Limitation/adverse possession – dispute arose in 2015; suit filed within statutory period; adverse possession not established. Evidence evaluation – trial court must thoroughly analyze testimony and documentary proofs; appellate court may intervene where evaluation is defective. Procedure – obligation to visit locus in quo when necessary; assessors’ written opinions must be read to parties before judgment (Reg.19(2)). Remedy – retrial before differently constituted Tribunal where material irregularities appear.
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28 August 2020 |
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Court granted leave to appeal, finding the proposed grounds raised arguable and important legal issues.
Appellate procedure – Leave to appeal – Discretionary remedy – Grant where grounds raise issues of general/public importance, novel point of law or prima facie/arguable appeal. Constitutional right to appeal – Article 13(6)(a) – appeals to be available as part of fair determination. Applicable law – Appellate Jurisdiction Act s.5(1)(c), Court of Appeal Rules r.45(a), Order XLIII r.2, Civil Procedure Code s.95. Authorities – BBC v Erick S. Ng'imaryo (test for granting leave).
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28 August 2020 |
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28 August 2020 |
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Court set aside dismissal for non-appearance where appellant's bona fide date confusion justified restoration; file remitted for trial.
Civil procedure – Dismissal for non-appearance – Setting aside dismissal under Order IX Rule 9 – sufficient cause – bona fide mistake – overriding objective – prejudice to respondent – improper judicial reliance on Judicial Statistical Dashboard System (JSDS).
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28 August 2020 |
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Applicant failed to account for delay and alleged illegality was not apparent; extension of time denied.
Extension of time – Law of Limitation Act s.14(1) – requirement to account for each day of delay; Affidavit must contain material facts, not mere oral submissions; Illegality as ground for extension – must be manifest on the face of the record (jurisdictional/clear legal error); Unsupported assertions of counsel do not substitute for pleaded evidence.
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28 August 2020 |
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Technical delay from a timely-filed but struck-out revision suffices to justify extension of time to file a fresh revision.
Labour procedure – Extension of time – Discretionary nature of extension – Technical delay where a timely-filed revision is struck out for defects – technical delay constitutes sufficient reason to grant extension – applicant ordered to file revision within 21 days.
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28 August 2020 |
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The appellant's reasonable one-day absence justified setting aside an ex-parte judgment for violation of the right to be heard.
Land law – ex-parte proceedings – setting aside ex-parte orders – requirement to show good cause for non-appearance under Regulation 11 GN No.174/2003. Constitutional law – right to be heard (Article 13(6)(a)) – breach renders decision a nullity. Civil procedure – exercise of revisional/quashing powers under section 43(1)(b) Courts (Land Disputes Settlements) Act. Authorities: Mbeya-Rukwa Auto Parts v Jestina George; Mwanza Director M/S New Refrigeration Co. Ltd v TANESCO; Abdallah Zarafi v Mohamed Omari.
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28 August 2020 |
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28 August 2020 |
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The 8/2/2013 repayment agreement was valid; defendant liable for unpaid principal with contractual interest; general damages rejected.
Contract law – validity of agreement signed in third-party’s office – implied authority of company employee to bind the company. Agency – apparent/implied authority and company conduct as estoppel. Remedies – computation of contractual interest on outstanding balance; post-judgment interest. Damages – general damages require factual proof; unsupported claims dismissed.
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28 August 2020 |
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28 August 2020 |
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Court granted extension to appeal, finding sufficient cause including an arguable illegality in the decision.
Labour law – extension of time to appeal – sufficient/good cause – factors to consider (length and cause of delay, applicant’s diligence, arguable point of law/illegality) – admissibility of electronic evidence (s.18 Electronic Transactions Act) irrelevant to extension application.
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28 August 2020 |
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Appellate court dismissed challenge to dismissal of application to set aside ex-parte judgment, finding service and right to be heard established.
Civil procedure – ex-parte judgment – setting aside – remedy lies in the court which entered judgment (O. IX r.13 CPC) and requires proof of non-service or sufficient cause. Civil procedure – service of process – proof by stamped summons and correspondence can establish awareness of hearing dates. Natural justice – right to be heard – complaint fails where party had opportunity and was aware of proceedings. Appellate scope – appellate court will not decide merits of an ex-parte judgment when leave relates only to the ruling dismissing the application to set it aside.
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28 August 2020 |
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The High Court cannot revise or call records under section 79 in respect of decisions made by its own Deputy Registrar.
Civil procedure – Revision under section 79 CPC – Jurisdiction to call records – Execution orders – Deputy Registrar acting as Deputy Registrar of the High Court – Incompetence for lack of jurisdiction.
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28 August 2020 |
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Fixed‑term contract employees are excluded from the Public Service Act's "public servant" definition and need not exhaust its remedies.
Public Service Act — definition of "public servant" — exclusion of employees with emoluments payable by term contract (s.3(a)(iii)); exhaustion of administrative remedies (s.32A) — scope limited to "public servants"; jurisdiction of CMA — striking out for premature filing improper where employee is not a public servant.
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28 August 2020 |