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Citation
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Judgment date
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| November 2020 |
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The applicant failed to prove slander and relied on his own evidence and a prior judgment, so the claim was dismissed.
Defamation (slander) — elements required: publication to a third party and proof of loss of reputation; witness must show change in estimation of the defamed person. Res judicata/forum appropriate — complaints about judgment of a lower court must be pursued by appeal, not via a new civil suit re-litigating the same issues. Evidentiary weight — party’s own documentary and testimonial evidence can establish facts adverse to that party (e.g., indebtedness), undermining defamation claims.
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27 November 2020 |
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Tribunal lawfully considered assessors’ opinion and evidence; the applicant’s ownership appeal is dismissed with costs.
Land law – Ownership disputes – Evidence assessment and locus – Trial chairman's duty to take into account assessors' opinion (s.24 Land Disputes Courts Act) – No obligation to summon witnesses suo motu – Sale nullified where seller lacked title.
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27 November 2020 |
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Magistrates' courts lack jurisdiction to determine land ownership; land courts must decide before enforcing attachments.
Land law – jurisdiction – primary and district (magistrates') courts lack jurisdiction to determine land ownership; exclusive land jurisdiction vested in Land Division, District Land and Housing Tribunals, Ward Tribunals and Village Land Councils (Land Act s.167). Land Disputes Courts Act s.4(1) – prohibition on magistrates' civil jurisdiction under the Land Act. Enforcement of matrimonial division orders – attachment of land/property cannot proceed until land ownership is determined by a competent land court. Probate/administration – administrators must first obtain land ownership determination in proper land court before treating property as estate asset.
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27 November 2020 |
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Stay of execution refused because the applicant failed to furnish required security despite prompt application and risk of loss.
Civil procedure — Stay of execution — Order XXXIX r.5(3) CPC — Conditions: substantial loss, no unreasonable delay, security/firm undertaking — Financial capacity does not exempt requirement.
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27 November 2020 |
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Interim injunction refused where alleged loss was compensable by damages, failing the cumulative Atilio test.
Civil procedure – Interim injunction – Application considered under Atilio v Mbowe threefold test (prima facie case; irreparable injury; balance of convenience) – Conditions are cumulative. Interim relief – Irreparable loss – Loss compensable by monetary damages does not qualify as irreparable where claim for compensation exists. Land disputes – Allegation of road reserve/trespass – entitlement to compensation and interim protection considered.
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27 November 2020 |
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Advocates' caveats in Primary Court are invalid; probate petitions may avoid time‑bar if related proceedings exclude the delay.
Probate and administration – Primary Courts – advocates are not permitted to appear or file documents in Primary Courts – caveats filed by advocates are invalid. Limitation – Probate petitions in Primary Courts governed by GN.311/1964 – no fixed filing period; delay is assessed on facts. Law of Limitation Act s.22(1) – exclusion of days when related proceedings are pending may prevent a petition being time‑barred. Family meetings – subsequent family meetings may validly appoint new administrators. Procedural fairness – a trial court must not determine objections founded on incompetent filings.
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27 November 2020 |
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Unsigned assessors' opinions and procedural misclassification rendered the Primary Court judgment void; matter remitted for retrial.
Matrimonial property division – application of section 114 Law of Marriage Act – need to assess extent of parties' contributions. Primary Court procedure – role of assessors – assessors must participate and sign the judgment; unsigned opinions may render judgment null. Appeal classification – matrimonial appeal must be properly instituted; misclassification may prejudice justice. Revisional powers – quashing and remitting where there is procedural illegality.
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27 November 2020 |
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Extension of time was refused where the applicant sought the wrong remedy and failed to prove advocate’s negligence as sufficient cause.
Appeals and procedure – Extension of time under s.11(1) AJA – Proper relief where matter originates from Ward Tribunal (certificate of point of law, not leave to appeal) – Requirement to show sufficient cause – Negligence or oversight by advocate without proof insufficient – Judicial discretion in extending time.
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27 November 2020 |
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Six plaintiffs proved pre-1967 ownership and are entitled to resettlement or market-value compensation before demolition.
Roads law – GN 161 of 1967 (Highways (Width of Highways) Rules) – effect of declaring road reserve and entitlements of persons in occupation prior to declaration.* Compensation – eligibility where private land is included in statutory road reserve – obligation to compensate under Highways Act / Roads Act.* Evidence – burden to prove prior ownership or lawful occupation; insufficiency of plaint and uncorroborated valuation report.* Remedies – resettlement or market-value compensation prior to demolition.
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27 November 2020 |
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Whether contractor’s additional claims under BOQ and alleged oral variations were proved and payable by the respondent.
Contract/construction – BOQ interpretation – liability for earthworks and site works when BOQ and project financing allocate community obligations. Evidence – burden of proof on balance of probabilities; oral agreement unproven absent witnesses or documentary support. Pleadings – relief not pleaded at trial (general damages) cannot be introduced or awarded on appeal.
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27 November 2020 |
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Misnaming a chamber application is a minor defect; an affidavit containing arguments renders the application incompetent.
Criminal procedure – preliminary objection – incorrect citation of chamber application – minor procedural defect curable by overriding objective principles. Civil procedure – affidavits – must contain facts, not arguments or conclusions; defective affidavits may be struck out. Overriding objective – court may disregard mere technicalities that do not go to the root of the case.
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27 November 2020 |
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Termination was substantively and procedurally unfair; compensation awarded, reinstatement refused due to broken working relationship.
Labour — unfair termination — substantive and procedural fairness — mandatory investigation (Rule 13(1) Code of Good Practice) — board/disciplinary chair mandate — evidential burden for misconduct — compensation vs reinstatement — salary quantum assessment.
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27 November 2020 |
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Extension of time refused where alleged court irregularities were not errors apparent on the record and insufficient cause was shown.
Extension of time – sufficiency of cause under s.14(1) Law of Limitation Act – negligence/advocates’ default not sufficient. Review procedure – error apparent on the face of the record and discovery of new evidence required for review. Distinction between review and appeal – alleged irregularities requiring detailed examination are matters for appeal. Procedural law – requirement to account for delay and produce evidence of prior representation.
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27 November 2020 |
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Reliable identification alone cannot sustain conviction where the court fails to consider defence and prove all ingredients of the offence.
Criminal law – Armed robbery – ingredients of offence – necessity to prove stealing and use/threat of violence and connection to obtaining/retaining property. Identification evidence – visual ID – application of Waziri Amani and Marwa principles; factors: illumination, proximity, duration, prior acquaintance, and early identification. Criminal procedure – failure to read documentary exhibit aloud – expungement (Robinson Mwanjisi). Procedural fairness – non-consideration of accused’s defence is fatal and vitiates conviction. Case-to-answer – compliance with section 231 Criminal Procedure Act.
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27 November 2020 |
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A missing chain of custody for seized trophies created reasonable doubt, so the appellants' conviction and sentence were quashed.
Criminal law – Unlawful possession of government trophies – requirement for proving chain of custody for seized exhibits – missing documentation undermines reliability of exhibits and may create reasonable doubt. Evidence – Expert identification and valuation – admissibility and credibility of expert evidence where qualifications and methodology are explained. Burden of proof – prosecution must establish identity and provenance of exhibits beyond reasonable doubt; gaps in custody may entitle accused to acquittal.
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27 November 2020 |
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Application to force signing of draft Certificate of Occupancy struck out as premature where ownership is contested and no decree exists.
Land law – endorsement/execution of documents – Order XXI Rule 32 CPC – decree prerequisite for court to cause draft document to be served and executed. Civil procedure – limitation of Rule 32 objections to alterations/approval of draft in accordance with a decree, not to litigating ownership. Ownership dispute – contested factual issue and third-party claims render Rule 32 procedure inappropriate; application held premature.
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27 November 2020 |
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Extension of time granted to challenge ex parte order due to excusable technical delay; file setting-aside application within 14 days.
Land procedure — Extension of time — Application to set aside ex parte order — Technical delay due to striking out for wrong citation — Lyamuya test applied — Fortunatus Masha on excusable technical delay — Alleged illegality of ex parte proceedings considered but unnecessary to decide.
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27 November 2020 |
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27 November 2020 |
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An applicant may obtain extension of time to appeal where an illegality (boundary change and non‑joinder) undermines res judicata.
Land law – change of village boundaries (Government Notice) – effect on jurisdiction over land and proper parties. Res judicata – whether a prior decree binds a party who was not joined because the land fell within a different village after boundary change. Civil procedure – extension of time to appeal – established illegality as ground dispensing with detailed reasons for delay.
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27 November 2020 |
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Appellant failed to prove ownership or adverse possession; assessors' opinions and sale documents lawfully supported respondents' title.
Land law; assessors' opinions – requirement to give written opinions and read in presence of parties; burden of proof under section 110 Evidence Act; admissibility and weight of notice of sale and sale agreement; adverse possession and limitation period (12 years); validity of village land sale witnessed by village officials.
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27 November 2020 |
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Plaintiff failed to prove lawful purchase; transfers from a dissolved company were suspicious and the suit is dismissed with costs.
Land law – ownership dispute – burden of proof on purchaser – documentary evidence and best evidence rule – transfers purporting to originate from a dissolved company – allegations of fraudulent transactions – possession and use by claimant company as evidentiary factor.
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27 November 2020 |
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Victim's detailed testimony and clinical evidence established rape; appeal against conviction dismissed.
Criminal law — Sexual offences — Proof of victim's age by viva voce evidence; proof of penetration through victim's testimony and clinical evidence; PF3 date discrepancies explained; inadmissible exhibits do not necessarily invalidate entire prosecution case; appellate re-hearing of defence; absence of genital bruises not fatal to rape conviction.
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27 November 2020 |
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Court upheld discretionary extension of time where delay arose from late supply of judgment and seeking legal assistance.
Civil procedure – extension of time – discretionary relief – sufficient cause required – delay due to late supply of judgment and need to obtain legal representation may justify extension – appellate restraint in disturbing judicious exercise of discretion.
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27 November 2020 |
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27 November 2020 |
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Illegality in an impugned decision can alone justify extension of time to file an appeal; ten days' leave granted.
Extension of time; section 25(1)(b) Magistrates' Court Act; enlargement of time discretionary; point of illegality as special circumstance; validity of wills under customary law; duty to correct glaring illegality by subordinate courts.
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27 November 2020 |
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27 November 2020 |
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Res judicata barred re-litigation of land ownership; appellate tribunal rightly struck out the subsequent suit.
Civil procedure – Res judicata – Section 9 Civil Procedure Code – requirements for res judicata (same subject matter, parties, title, competent court, finally decided). Re-litigation of land ownership – previous tribunal decision binding unless set aside. District Land and Housing Tribunal – power to strike out matters barred by res judicata.
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26 November 2020 |
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Applicant failed to prove constructive termination; court upheld tribunal finding that employment ceased after 2015 change of terms.
Labour law – constructive termination – requirements and burden of proof; change of employment terms/ownership – effect on employment relationship; review of CMA award – absence of material irregularity where applicant’s own evidence established new arrangement.
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26 November 2020 |
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Conviction based on an equivocal plea—due to procedural failures in recording plea and exhibits—was quashed and retrial ordered.
Criminal procedure – Plea of guilty – Requirement that plea be unequivocal – Charge, ingredients, facts and exhibits must be read and explained to accused – Failure to follow procedure renders plea equivocal and conviction appealable – Equivocal plea vitiates proceedings and justifies quashment and retrial.
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26 November 2020 |
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An appellant convicted on a guilty plea can challenge an illegal custodial sentence for offences committed while under eighteen.
Criminal law – guilty plea – plea may be defective, imperfect or ambiguous – exceptions to bar on appeals under section 360(1) CPA; Sentencing – statutory rape – offender under 18 years – section 131(2)(a) Penal Code limits first offender to corporal punishment only; Illegal sentence – appellate interference and setting aside custodial sentence.
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26 November 2020 |
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House built during the marriage is matrimonial property; inadmissible exhibit expunged; maintenance reduced for lack of appellant’s means.
Family law – Matrimonial property – Assets acquired or substantially improved during marriage – Division under s.114; Matrimonial home – Alienation prohibited without spouse’s consent (s.59(1)); Evidence – Competency to tender exhibits; Maintenance – Factors to consider under s.44 of the Law of the Child; Equal division where no proof of unequal contribution.
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26 November 2020 |
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Discrepancy about the weapon used (panga/knife/rungu) was material; prosecution failed to prove the charge beyond reasonable doubt.
Criminal law – Assault occasioning actual bodily harm – burden to prove particulars of offence – necessity to prove how, with what and by whom injury was inflicted. Evidence – contradictions as to the weapon used (panga/knife/rungu) – where discrepancy goes to gist of case it may dismantle prosecution. Pleadings – importance of charge particulars and compliance with statutory requirements.
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26 November 2020 |
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Court upheld co‑administrators' appointment and properly rejected reliance on an un‑tendered will.
Probate law – admissibility and provenance of wills – document must be tendered and properly admitted before court can act on it; court may reject reliance on an un‑tendered will but should not declare it void absent evidence; judgments must be grounded on evidence properly adduced; appointment of administrators upheld where will improperly before trial court.
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26 November 2020 |
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Applicant lacked locus standi; proceedings were a nullity and courts must raise jurisdictional issues suo motu.
Civil procedure – Locus standi – Plaintiff lacking title or mandate to sue renders proceedings a nullity; court’s duty to raise jurisdictional issues suo motu. Parties – Necessary/real party in interest – True owner must be plaintiff where contract was with owner; witness cannot validly replace plaintiff. Appeal – Appellate court may raise and decide jurisdictional issues at any stage; failure by lower courts to determine locus standi is fatal.
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26 November 2020 |
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A matrimonial appeal was struck out for being filed one day late under section 80(2) of the Law of Marriage Act.
Family law – Appeals in matrimonial proceedings – Time limit to appeal to High Court under section 80(2) Law of Marriage Act – appeal filed one day late and struck out. Civil procedure – Limitation – computation of time excluding day of judgment (Law of Limitation Act) – requirement to apply for extension of time if delayed. Professional conduct – Competency of submissions prepared by unlicensed person – such submissions may be disregarded but do not cure jurisdictional defects.
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26 November 2020 |
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Applicants failed to account for a nine-year delay; extension of time to file revision was dismissed with costs against the two applicants.
Labour law – extension of time to file revision – requirement to account for each day of delay; due diligence and duty to follow up; unverified representations by third parties insufficient; alleged illegality not a self-executing ground for extension without causal explanation; costs against respondents who prosecuted the inaction.
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26 November 2020 |
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Extension of time refused where tribunal record showed decree certified earlier and alleged illegality was unproven.
Land procedure – Extension of time to appeal – applicant must show sufficient cause; court exercises discretion judiciously. Court records – presumption of authenticity; records not lightly impeached; affidavit/evidence needed to contradict court record. Time computation – date of certification/extraction of judgment/decree governs time for appeal, not date of collection. Assessors – opinion must be read/availed to parties; allegation of non-reading must be shown on record.
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26 November 2020 |
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The respondent could sue despite not being estate administrator because the father had divided and granted the land before death.
Land law – succession and locus standi – where deceased gifted/divided land before death the recipient acquires ownership and locus to sue; evidence – admissibility and credibility of witnesses including in‑laws; appellate review – deference to concurrent factual findings of lower tribunals absent misapprehension of evidence or law.
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26 November 2020 |
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Applicant's suit struck out for failing to state the value of disputed land required for court jurisdiction.
Civil Procedure — Order VII r.1(e) (cause of action and when it arose); Order VII r.1(i) (statement of value of subject matter for jurisdiction and court fees); Land Disputes Courts Act s.37(1)(a) & (b) — High Court jurisdiction for recovery of immovable property and pecuniary claims; Limitation — 12 years for land actions; Failure to state value of land renders plaint incompetent and divests court of ascertained jurisdiction.
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26 November 2020 |
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Extension granted where applicant promptly withdrew a timely but incompetent appeal and sought revision within eight days.
Civil procedure – extension of time – s.14(1) Law of Limitation Act – requirement of "sufficient cause"; factors: length of delay, reason, arguability, prejudice (Mbogo v Shah). Technical delay vs actual delay – timely but incompetent remedy (appeal) withdrawn; extension appropriate (Fortunatus Masha v Shija). Promptness and lack of prejudice as grounds for granting enlargement of time.
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26 November 2020 |
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Extension of time to appeal granted due to delay in supply of judgment; appeal to be filed within 45 days.
Criminal procedure — Extension of time to appeal — Delay in supply of judgment and proceedings as sufficient cause — Respondent's concession — Filing timeframe imposed (45 days).
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26 November 2020 |
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Delay in supply of the impugned judgment justified an extension of time to file the appeal; appeal due within 45 days.
Civil procedure – extension of time to appeal – delay caused by untimely supply of impugned judgment – bona fide explanation for delay – extension granted; no order as to costs; filing period fixed (45 days).
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26 November 2020 |
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Applicant's revision dismissed: CMA properly denied condonation for late referral due to unexplained delay.
Labour law – condonation/extension of time – application dismissed for failure to show good cause under Lavamuya guidelines. Procedural fairness – scope of CMA proceedings – CMA entitled to focus on condonation application. Evidence – new facts raised first on revision cannot be entertained by the High Court. Judicial discretion – must be exercised according to rules of reason and justice.
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26 November 2020 |
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26 November 2020 |
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Failure to give adequate retrenchment notice and involve the trade union made the termination unfair; minimum 12 months' compensation mandatory.
Labour law – Retrenchment procedure – Employer's duty to give timely notice and consult registered trade union under s.38(1) ELRA and Code of Good Practice; Procedural unfairness where trade union not involved; Compensation for unfair termination – s.40(1)(c) ELRA prescribes minimum twelve months' remuneration; Civil procedure – dismissal for want of prosecution where party fails to comply with court-ordered filing timetable.
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26 November 2020 |
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Applicant granted bail under EOCCA with mandatory half-value cash deposit, surety bond, travel surrender and movement restrictions.
Criminal procedure – Bail under EOCCA – offender charged in economic crime where property value exceeds Tshs.10,000,000 – mandatory requirement of cash deposit equal to half the property value and bond for the remainder. Bail conditions – surety, surrender of travel documents, restriction of movement and verification of bond documents. Discretionary grant of bail – balancing right to bail and statutory safeguards to secure attendance.
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26 November 2020 |
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Applicants’ challenge to Cybercrimes Act sections 16 and 39(2) for violating privacy and expression is dismissed.
Constitutional law – Cybercrimes Act – Sections 16 and 39(2)(a)&(b) – Alleged infringement of right to privacy (Art.16) and freedom of expression (Art.18). Statutory interpretation – constitutionality assessed from text, not speculative abuse; presumption of constitutionality. Administrative powers – Minister’s power to prescribe procedures for service providers; existence of regulations (GN No.224/2016) and judicial review as safeguards. Res judicata – earlier challenges to other provisions did not bar fresh challenge to different provisions.
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26 November 2020 |
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Court dismissed murder charge and discharged accused for prosecution’s persistent failure to produce witnesses.
Criminal procedure — Repeated adjournments; prosecutorial diligence; returned summons; court’s inherent powers and sections 284(1) and 264 CPA; dismissal of charge and discharge of accused; Evidence Act section 34B; authorities Abdallah Kondo and R v Deeman.
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26 November 2020 |
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Prosecution failed to prove causal link and malice; accused acquitted of murder due to insufficient and unreliable evidence.
Criminal law – murder – burden of proof and requirement to prove actus reus and mens rea beyond reasonable doubt; admissibility of extra‑judicial statements – procedural safeguards and voluntariness; chain of custody and weight of ballistic evidence; evaluation of inconsistent witness statements; proof of death without post‑mortem report.
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26 November 2020 |
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Ex parte judgment: valid lease breached; plaintiff awarded limited arrears, mesne profits, reduced damages, interest and costs.
Contract law – lease validity and enforceability; breach of contract – wrongful possession and mesne profits; evidentiary burden for specific commercial/tourism fees; assessment and reduction of general damages; interest and costs; service by publication and ex parte proceedings.
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26 November 2020 |