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Citation
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Judgment date
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| September 2020 |
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Probate revision cannot decide land ownership; parties must pursue land disputes in proper land forums and appeal available judgments.
Probate law – revision proceedings – limited powers of probate revision courts; not a forum to determine land ownership. Res judicata / prior decision – effect of Ward Tribunal determination and the obligation of parties to appeal or seek nullification through proper remedies. Civil procedure – improper relitigation of title in probate proceedings; appropriate forum for land disputes is the Ward Tribunal/Land Court.
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22 September 2020 |
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Application for extension to file reference denied for failure to account for delay and no apparent illegality in taxation.
Civil procedure – extension of time – requirements for sufficient cause (account for each day of delay, diligence, inordinate delay, points of law/illegality). Costs taxation – challenge to quantum – illegality must be apparent on the face of the record; discretionary taxation not set aside absent manifest error. Advocate Remuneration Order 2015 – Order 8(1) (extension) and Order 48 (taxation/verification of costs).
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22 September 2020 |
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Applicant must first apply to the CMA under s.87(5) ELRA to set aside an ex parte award before seeking High Court revision.
Labour law – Ex parte CMA awards – Remedy to set aside – Section 87(5) ELRA – applicant must apply to CMA first before High Court revision.* Civil procedure – Revision jurisdiction – Prematurity where statutory remedy not exhausted.* Procedural requirements – Naming/respondent identity not decided where preliminary procedural defect disposes matter.
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22 September 2020 |
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The respondent lawfully closed the applicant's dispensary for expired licence and regulatory non‑compliance; damages claim dismissed.
Private hospitals/health facilities – impromptu inspection and closure – authority under Private Hospitals (Regulation) Act Cap 151 s.27; compliance with G.N. No. 233/1997 standards; proof required for unlawful seizure and damages.
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22 September 2020 |
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Acquisition and re-survey of Kurasini land for port expansion was lawful; plaintiff's challenge and title-cancellation claim dismissed.
Land acquisition – public purpose and port expansion – re-survey and re-allocation of acquired land – validity of new title and survey plan; burden of proof on allegations of forgery or malice; demolition pursuant to acquisition process; counterclaim for damages – special vs general damages.
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22 September 2020 |
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The applicant failed to prove defamatory utterances, publication, detention linkage, or damages against the respondent.
Defamation — requirement to prove (statement, reference to claimant, publication, and damage); Burden of proof under Evidence Act (s.110 & s.111); Necessity of documentary or corroborative evidence for claims of arrest/detention; Special damages must be specifically pleaded and proved.
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22 September 2020 |
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Applicant failed to establish prima facie case for injunction; court refused relief and ordered main suit heard expeditiously.
Interlocutory injunction — three preconditions (prima facie case, irreparable harm, balance of convenience); disputes of fact and alleged fraud require trial evidence; application potentially overtaken by events where property may have been sold; discretionary refusal of injunction; directive to expedite main suit.
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22 September 2020 |
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22 September 2020 |
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Improperly admitted statements and unsafe night identification led to quashed conviction and no retrial.
Criminal law – Admissibility of cautioned and extra-judicial statements – duty to inquire into voluntariness and to read statement to accused; Visual identification – night-time identification – Waziri Aman requirements; Retrial – when appropriate – Fatehali Manji principle (no retrial to allow prosecution fill evidential gaps).
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21 September 2020 |
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21 September 2020 |
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Sheep trespass proved; claimant failed to prove loss value; nominal damages awarded and custodian’s keeping costs ordered.
Tort — Trespass to land — Animal trespass — Burden of proof and valuation of damages — Nominal damages where trespass proved but extent of loss unproven — Custodian’s reasonable keeping costs and right to retain/release animal.
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21 September 2020 |
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21 September 2020 |
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Property provided by an NGO before the parties’ marriage was not matrimonial; respondent failed to prove joint acquisition.
Matrimonial property – characterization of property acquired before marriage – burden to prove joint acquisition or contribution – documentary evidence of NGO assistance – overturning appellate redistribution order.
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21 September 2020 |
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Appeal dismissed; defective wording and procedural complaints insufficient, conviction and 30-year sentence for rape upheld.
Criminal law — Rape — Charge particulars — omission of the word "unlawful" not fatal if essential elements otherwise disclosed; Criminal Procedure Act s.231(3) — accused electing to give evidence on oath; Proof of victim's age — testimonial and medical evidence; Corroboration — medical examination supporting prosecutrix's account; Appeal dismissal where case proven beyond reasonable doubt.
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21 September 2020 |
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Bail granted for bailable manslaughter charge with surety, passport surrender, reporting and travel restriction conditions.
Bail — Bail pending trial for manslaughter — Offence bailable under s.148 Criminal Procedure Act — Conditions: sureties, bond or immovable property, surrender of travel documents, travel restriction, monthly reporting, approval and oversight by Deputy Registrar.
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21 September 2020 |
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Court granted extension of time to appeal, excluding period awaiting certified judgment copies; appeal to be filed within 45 days.
Land appeal — Extension of time — Sufficient cause — Delay in obtaining certified copies of judgment— Section 19(2) Law of Limitation Act — Counsel’s unavailability and need to raise legal fees — Judicial discretion to enlarge time.
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21 September 2020 |
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Appeal struck out because the decree was defective and inconsistent with the judgment; mandatory procedural rules prevail.
Civil procedure – appeal – mandatory contents of record of appeal – Order XXXIX Rule 1(1) CPC – decree must accord with judgment; defective decree renders record and appeal incompetent; overriding-objective (s.3A CPC) cannot cure mandatory procedural defects.
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18 September 2020 |
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18 September 2020 |
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Loan agreement did not require a specific tractor or supplier; buyer accepted delivered tractor and failed to prove non-conformity, appeal dismissed with costs.
Contract interpretation – loan agreement requiring purchase of new tractor but no specification of model or supplier; Sale of Goods Act – buyer's duty/right to examine, acceptance and rejection (ss.15,32,36,37); vendor-buyer contractual privity – absence of tripartite agreement; burden of proof on non-conformity; mortgage enforcement in case of borrower default.
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18 September 2020 |
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An application to extend time to refile a dismissed, time-barred reference was an abuse of process and is dismissed with costs.
Civil procedure – extension of time – requirement to show sufficient cause and account for each day of delay; Abuse of process – attempt to resurrect a dismissed time-barred application by extension instead of appealing; Advocate Remuneration Order – taxation of bill of costs and time limits for filing; Illegality as ground for extension – insufficiency where records show availability and proper taxation.
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18 September 2020 |
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Court quashed tribunal judgments and remitted the land dispute after failure to properly identify and record the locus in quo.
Land law – identification of suit land – adequacy of locus in quo proceedings and requirement to record measurements and neighbours' evidence. Civil procedure – second appeal – interference with concurrent factual findings only where misapprehension of evidence, miscarriage of justice or breach of law/procedure. Evidence – weight and authenticity of sale agreements and inconsistent witness testimony in land disputes. Courts (Land Disputes Settlements) Act s.43(1)(b) – power to quash and remit for fresh hearing.
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18 September 2020 |
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Clan meeting minutes are not mandatory; Primary Court must appoint an administrator based on interest in the estate.
Probate and administration — Appointment of administrator — Clan/family meeting minutes are practice not mandatory — Primary consideration is beneficial interest in deceased's estate — Primary Court may appoint one or more administrators or an impartial person — Matters of marriage legality and heirship premature at appointment stage — Accountability via inventory and accounts (Rule 10 GN 49/1971).
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18 September 2020 |
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EFD receipts are generally required to substantiate instruction fees above prescribed scales; excessive, unsupported fees may be taxed down.
Taxation of costs – Advocates Remuneration Order, 2015 – discretion of taxing officer – requirement to act judiciously where claimed fees exceed scale. Tax law – Tax Administration Act and VAT obligations – requirement to issue Electronic Fiscal Device (EFD) receipts as proof of payment for services. Evidence – proof of instruction fees – EFD receipts as prima facie proof; manual receipts insufficient for amounts above scale.
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18 September 2020 |
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An application for leave to appeal was struck out because appeals from High Court decisions originating in Primary Courts require a certificate that a point of law is involved.
Appellate procedure – appeals from High Court decisions originating from Primary Courts – requirement for High Court certificate that a point of law is involved under section 5(2)(c) of the Appellate Jurisdiction Act. Civil procedure – leave to appeal under section 5(1)(c) versus certification under section 5(2)(c) – procedural competence. Matrimonial proceedings – appellate route where original proceedings started in Primary Court.
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18 September 2020 |
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Second appeal dismissed: concurrent findings upheld; failure to cross-examine estops appellant from disputing respondent’s title.
Land law – ownership disputes – licence to cultivate versus transfer of title – proof required for adverse possession/12-year prescription. Civil procedure – second appeal – concurrent findings of fact upheld absent misapprehension of evidence or miscarriage of justice. Evidence – effect of failure to cross-examine on material facts; silence amounts to acceptance. Parties – necessity to join a purported administrator as a necessary party must be demonstrated by evidence.
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18 September 2020 |
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Failure to obtain and read assessors' opinions vitiated the tribunal proceedings, requiring nullification and retrial.
Land disputes — Assessors — Requirement that assessors present at trial give written opinions and that such opinions be read to parties before judgment (Section 23(1)-(2), Cap 216; Regulation 19(2), G.N. 174/2003) — Failure to solicit or read assessors' opinions is a fundamental irregularity vitiating proceedings — Nullification and retrial ordered.
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17 September 2020 |
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Loss of a tender does not permit automatic termination of indefinite contracts; fair retrenchment procedure and notice are required.
Employment law – termination – indefinite contracts require fair reason and fair procedure – loss of tender does not automatically equal loss of business under Rule 5(1) – retrenchment procedures and notice required – CMA award upheld.
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17 September 2020 |
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Extension of time granted where inmates’ misfiling at prison admission office constituted good cause for delay.
Criminal procedure – extension of time – section 361(2) CPA – admission of appeal despite lapse of limitation period; Prisoners – procedural misfiling at prison admission office – lack of control by inmates; Good cause – discretion to extend time – cited authorities on inmates’ inability to supervise filing; Non-opposition by Republic – exercise of judicial discretion.
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17 September 2020 |
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Failure to obtain and record assessors' opinions invalidates tribunal proceedings and mandates a retrial de novo.
Land law — District Land and Housing Tribunal composition — Section 23(1)-(2) Land Disputes Courts Act and Regulation 19(2) GN No.174/2003 — Mandatory requirement for assessors to give written opinions and for those opinions to be on record — Failure to invite or record assessors' opinions is a fundamental irregularity nullifying proceedings — Retrial de novo before a different chairman and new assessors.
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17 September 2020 |
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Applicant failed to show reasonable cause to set aside dismissal for non-compliance with filing directions.
Civil procedure – restoration of dismissed application – failure to prosecute – non-compliance with court-ordered filing schedule – insufficient/ unreasonable cause – responsibility for counsel’s non-compliance.
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17 September 2020 |
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Temporary injunction granted to prevent respondent's alleged trespass, sale and destruction of leased farm pending final determination.
Civil Procedure – Interim relief – Temporary injunction under Order XXXVII Rule 1(a) CPC – to prevent wasting, damage, alienation or removal of property in dispute. Interim relief – Requirements: serious question to be tried, risk of irreparable harm, balance of convenience (Atilio v Mbowe). Land law – Leasehold dispute – protection of tenant’s possession and preservation of farm assets pending determination.
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17 September 2020 |
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Court convicted five accused of murder based on medical evidence, confessions, recent possession of the stolen revolver and common intention; one accused acquitted.
Criminal law – Murder – elements: unnatural death, malice aforethought, causation; evidence – caution statements admissibility, search and seizure, recent possession of stolen property, video evidence, common intention doctrine.
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17 September 2020 |
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Applicant’s failure to follow up hearing dates and lack of evidence of non‑service defeated leave to appeal.
Land procedure – leave to appeal – test for granting leave: issue of general importance, novel point of law, or prima facie/arguable appeal; duty to follow up proceedings – litigant’s responsibility to track hearing dates; summons/service — absence of summons does not automatically excuse non‑appearance without supporting evidence.
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16 September 2020 |
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Appellants' theft convictions based on suspicion and procedural irregularity were quashed; retrial denied due to insufficient evidence.
Criminal law – Theft – Conviction cannot rest on mere suspicion; burden to prove guilt beyond reasonable doubt. Circumstantial evidence – must exclude reasonable hypotheses of innocence. Criminal Procedure Act s.214(1) – hearing by more than one magistrate; non-compliance is a fatal irregularity. Retrial – discretionary; not ordered where admissible/potentially admissible evidence is insufficient (Braganza test).
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16 September 2020 |
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A revocation petition cannot be used to determine estate property title; administrator’s appointment revoked for loss of confidence and alleged self-dealing.
Probate and administration – revocation of letters of administration – scope of revocation proceedings versus determination of ownership – fitness of administrator; inventory and alleged self-dealing; remedy of revocation and opportunity for substitution.
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15 September 2020 |
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Application for revision calling for subordinate court record struck out as it sought review of an interlocutory decision.
Criminal procedure – Revision – Interlocutory/preliminary orders of subordinate courts – Section 372(2) CPA bars revision against interlocutory decisions unless they finally determine the charge; application seeking call for records dismissed as incompetent.
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15 September 2020 |
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Whether properties acquired before or outside a subsisting marriage qualify as matrimonial assets and how contributions are assessed.
Family law – Division of matrimonial assets – s.114 Law of Marriage Act – Contribution by spouses; Cohabitation and presumption of marriage – s.160 Law of Marriage Act – Rebuttable presumption; Property acquired during a subsisting marriage to third party – not matrimonial; Domestic/household work as contribution; Burden and quality of evidence to prove joint acquisition.
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15 September 2020 |
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Applicant failed to show sufficient cause or procedural illegality to justify extension of time to file revision.
Extension of time – requirements for sufficient cause; Alleged misdirection by advocates – need to identify and prove engagement; Ex-parte judgment – effect of proof of service and refusal to accept service; Procedural illegality as ground for extension – absence of demonstrated illegality.
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13 September 2020 |
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High Court revised district court traffic sentences, enforcing mandatory licence cancellations and ordering consecutive sentences where required.
Criminal revision — High Court supervisory powers under s.373(1)(a) CPA and s.44(1)(a) MCA — mandatory cancellation/disqualification of driving licences under Road Traffic Act s.27(1)(a) — consecutive versus concurrent sentences on multiple counts — correct sentencing for dangerous driving under s.63(2) — discretion on victim compensation under s.348(1) CPA.
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11 September 2020 |
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Court upheld child maintenance order under Law of the Child after applicant failed to prove inability to pay.
Family law – Child maintenance – Application of section 44 Law of the Child Act – factors: income, earning capacity, responsibility to other children, cost of living, child's rights. Evidence – burden to prove inability to pay or existing loans – need for documentary proof (salary slips, loan evidence). Appeals – appellate interference avoided where trial court applied statutory factors and appellant fails to substantiate claims.
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11 September 2020 |
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Sickness proven by a hospital letter can justify extension of time to appeal; delay was not inordinate.
Matrimonial proceedings — extension of time to appeal — sickness as sufficient cause — applicant must prove illness; medical certificate/letter may suffice — discretion to grant extension exercised judiciously — length and explanation of delay assessed — District Court decision quashed.
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11 September 2020 |
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High Court dismissed land appeal, upholding DLHT's finding of respondent's superior occupation and credibility.
Land law – possession and title – weight and credibility of oral evidence – District Land and Housing Tribunal's findings on continuous occupation; Civil procedure – appeal grounds must be concise and challenge the correct decision-maker (Order XXXIX Rule 1(2) CPC); Evidence – ward tribunals not bound by strict rules of evidence (s.15(1) Ward Tribunals Act); adverse inference – not required where tribunal discretion exercised appropriately.
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11 September 2020 |
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Procedural defects at Ward Tribunal and DLHT nullified judgments; matter remitted for de novo rehearing with specified composition.
Land disputes — Ward Tribunal procedure — chairperson has casting vote only in mediation, not in adjudication; invalidity where chairperson alters outcome and introduces new boundary. District Land and Housing Tribunal — assessors must give written opinions and be invited to read them in presence of parties before judgment; omission is fatal. Revisionary powers (s.43 Land Disputes Courts Act) to quash and order de novo hearing. Village Land Act s.8(5) — village assembly approval required for land allocation.
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11 September 2020 |
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High Court set aside an injunction closing the respondent's business and bank account as final, unjustified and prejudicial.
Civil revision — Interlocutory/temporary injunction — Revisional jurisdiction where interlocutory order is final and conclusive (nature of order test) — Garnishee/attachment before judgment — Balance of convenience in monetary claims — Magistrates' Courts Act s.44(1)(b).
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10 September 2020 |
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DPP consent was present; possession charge failed due to improper disposal of perishable trophies, but unlawful entry conviction upheld.
Wildlife offences – Unlawful entry into game reserve – proof by direct evidence of game scouts – credibility of witnesses. Wildlife offences – Unlawful possession of government trophies – perishable exhibits disposed of; requirement that accused be present or heard at disposal before inventory used in evidence. Economic and Organized Crime Control Act (EOCCA) – requirement of prior consent of DPP for trial of economic offence.
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9 September 2020 |
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Meeting minutes showing intent to seek administrative remedy did not authorize a representative suit; withdrawal allowed to obtain proper consent.
Civil procedure – Representative suit – authority and consent required from those to be represented – minutes of meeting insufficient where resolution sought administrative intervention rather than litigation.
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9 September 2020 |
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Applicant failed to show sufficient cause or account for delay; extension to review consent decree denied with costs.
Limitation law – s.14 Law of Limitation Act – extension of time to file review – requirement to show reasonable or sufficient cause. Procedural requirement – applicant must account for every day of delay when seeking extension of time (Court of Appeal authority). Review of consent settlement decree – 30-day limitation period under Item 3 of the Schedule to the Law of Limitation Act. Illegality pleaded after failure to satisfy decree and initiation of execution may be treated as afterthought and insufficient to justify extension. Relief – application for extension refused; costs awarded to respondent.
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8 September 2020 |
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Credible seizure evidence and constructive possession supported convictions for unlawful possession and dealing in elephant tusks; one co-accused was acquitted.
Wildlife offences — unlawful possession and dealing in government trophy (elephant tusks) — proof beyond reasonable doubt; seizure, labelling and chain of custody; admissibility of caution statements; constructive possession suffices for conviction.
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8 September 2020 |
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Court convicted two accused of trafficking khat, finding identity, possession and chain of custody properly proved.
Criminal law – Narcotics – Trafficking under s.15(1)(a) DCEA 2015 – possession and conveyance as elements of trafficking. Evidence – Identification – Familiarity of witnesses and circumstances supporting reliable identification. Evidence – Chain of custody – preservation, transfer and lab testing of exhibits and its sufficiency. Procedure – Seizure and exhibit documentation (seizure certificate, exhibit register, lab report).
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8 September 2020 |
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8 September 2020 |