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Citation
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Judgment date
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| December 2020 |
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High Court restored Primary Court conviction for malicious damage, finding the first appellate court misdirected on witness credibility and awarding compensation.
Criminal law – Malicious damage to property – Evaluation of eyewitness evidence and credibility – Appellate interference with trial court’s assessment of witnesses – Distinction between criminal damage and land dispute – Compensation for destroyed crops.
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21 December 2020 |
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Appeal allowed: prosecution failed to prove armed robbery due to unreliable identification and inadequate proof of recovered property.
Criminal law – Armed robbery – Burden of proof – prosecution must prove guilt beyond reasonable doubt. Visual identification – requirements for unmistaken identification (Waziri/Amani) – unreliable where lighting and prior knowledge are unclear. Evidence of recovered property – necessity to prove ownership (phone numbers, registration, proper tendering). Admissibility of search records – documents must be properly signed and read over; irregular records may be expunged. Medical evidence – need for PF3 to prove alleged injuries.
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21 December 2020 |
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Appeal allowed where prosecution failed to prove national-park entry, weapons possession, and trophy identification beyond reasonable doubt.
Criminal law – right to be heard – accused informed of right to call witnesses and voluntarily closed defence. Jurisdiction – EOCCA/DPP consent and certificate must be filed before trial; where filed proceedings valid. Arrest/search in National Park – independent witness not required except for dwelling-house searches. Evidence – contradictions between arresting officers and inadequate expert identification undermine proof beyond reasonable doubt. Wildlife offences – strict requirement for proper identification of government trophies.
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21 December 2020 |
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Appeal dismissed: appellant failed to prove malice and lack of reasonable and probable cause for malicious prosecution.
Malicious prosecution — elements and burden of proof; reasonable and probable cause — honest belief based on prior judicial determinations; malice — requirement to prove spite or improper motive; mediation — no obligation to record mediation details; costs — discretionary award to successful party.
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21 December 2020 |
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The court refused bail, holding armed robbery unbailable after the Court of Appeal upheld section 148(5) CPA.
Criminal procedure – Bail – Whether armed robbery is a bailable offence under section 148(5) Criminal Procedure Act – Effect of Court of Appeal decision quashing High Court orders striking out section 148(5). Constitutional law – Validity of statutory denial of bail – Article 30(2) saving provision and binding appellate authority. Economic and Organised Crimes – Bail applications under E&OCCA and CPA where non-bailable offences are charged.
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21 December 2020 |
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Appeal dismissed: jurisdictional certificate filed, accused heard, exhibits and lawful disposal proved, defence unpersuasive.
Criminal law — EOCCA jurisdiction — requirement and filing of DPP/authorized officer certificate; Criminal procedure — right to be heard (Article 13(6)(a), s.228, s.231 CPA) — presence, charge explanation, cross‑examination, sworn defence; Evidence — seizure certificate, chain of custody and admissibility of weapons; Wildlife law — identification, valuation and lawful disposal of perishable government trophies (trophy valuation certificate, inventory, s.101 WCA); Appellate review of credibility where defence not advanced or witnesses not cross‑examined.
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21 December 2020 |
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DPP consent was properly filed; park-entry and weapons convictions upheld, but trophy-possession convictions quashed for improper disposal procedures.
Criminal law – National Parks Act – unlawful entry and unlawful possession of weapons – evidence of park rangers and admitted exhibits sufficient to prove charges. Wildlife Conservation Act / PGO – disposal of perishable government trophies – accused must be given opportunity to be heard and photographs taken; Inventory Form alone insufficient. EOCCA – requirement for DPP certificate/consent for economic offences – jurisdictional compliance required and verified.
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21 December 2020 |
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Uncorroborated lab results did not prove good cause to restore an appeal dismissed for want of prosecution.
Civil procedure – Restoration of appeal dismissed for want of prosecution – Good cause required to restore. Evidence – Medical proof of incapacity – Laboratory results insufficient without certification/treatment by a qualified practitioner. Application dismissed with costs where explanation for non-appearance is unsubstantiated.
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21 December 2020 |
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An omnibus chamber application combining revision and injunction was incompetent; district court ruling quashed and set aside.
Civil procedure — Revision — competence of chamber summons — Whether combining revision and injunction in one chamber application is permissible; omnibus applications may be struck out where prayers are disjointed. Judicial impartiality — Recusal — Request must be timely and grounded on concrete reasons; late letters filed after judgment are insufficient. Evidence and procedure — Proper mode of service and admissibility of documents may be dealt with on retrial or appropriate proceedings.
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21 December 2020 |
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Failure to read admitted documentary evidence to the appellants was fatal and led to quashing of conviction.
Criminal law – possession of narcotic drugs – sufficiency of particulars in charge sheet – offences in same transaction may be charged together. Criminal procedure – admission of documentary exhibits – requirement to read and explain contents to accused – failure is fatal and warrants expungement. Right to fair hearing – accused must be informed of documentary evidence to enable focused defence; absence of crucial documents may render conviction unsustainable.
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21 December 2020 |
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Sale by customary occupants of land in a declared planning area did not transfer title; unlawful construction ordered demolished.
Land law – planning area – once declared planning area customary tenure altered; occupants’ rights limited to compensation – sale by customary occupants after evaluation cannot transfer better title; requirement of building permits – constructions without permit and after stop order unlawful; remedy: demolition and injunction.
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21 December 2020 |
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21 December 2020 |
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High Court revoked administrators for fabrication, failure to file inventories and misappropriation; Cap.352 not applicable to primary court probate.
Probate law – Applicability of Probate and Administration of Estates Act (Cap. 352) to primary court proceedings – Act does not apply to primary court-originating probate matters. Primary Courts (Administration of Estates) Rules G.N. 49/1971 – Requirements: Form I (petition), service/notice under rule 5(2), Form V and Form VI (inventory and accounts) and time limits. Appointment of administrators – invalidity where family minutes fabricated, false information provided, and mandatory procedures not followed. Administrator obligations – duty to file inventory/accounts, fiduciary duties, liability (civil and criminal) for misappropriation; High Court powers under s.30 MCA to call records, revise and revoke appointments.
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21 December 2020 |
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Whether a district appellate court may appoint co-administrators and whether a late, lay‑drafted Islamic will is valid.
Probate law; appellate powers of District Court on probate appeals; appointment of co-administrators on appeal; validity of Islamic/Mohamedan wills — delayed production, lay drafting and attestation requirements; bequests exceeding one-third under Islamic law only valid if not contested by heirs.
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19 December 2020 |
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First appellate court failed to decide framed issues; respondent proved debt on balance of probabilities, trial judgment upheld.
Civil procedure – Appellate duty to re-hear and decide framed issues; failure to address issues or give reasons is a miscarriage of justice. Evidence – oral contracts and exhibit admitted; proof on balance of probabilities under s.110 Evidence Act. Res judicata – cannot be raised and decided on appeal when not pleaded or argued at trial.
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18 December 2020 |
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An apparent jurisdictional illegality (probate court deciding land ownership) justified extension of time and setting aside the dismissal.
Civil procedure – extension of time – good cause – negligence of counsel generally not sufficient; exception for extraordinary circumstances.* Civil procedure – extension of time – illegality apparent on record – constitutes good cause if of sufficient importance and self-evident.* Jurisdiction – probate courts – limitation on jurisdiction to determine ownership of landed property; such matters fall under Land Disputes Act/Land Act jurisdiction.
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18 December 2020 |
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An illegality apparent on the record justified extension of time and setting aside a dismissal; counsel’s negligence was insufficient.
Civil procedure – extension of time – good cause – negligence of counsel generally insufficient; point of illegality apparent on the record constitutes good cause – jurisdictional limits of probate courts to determine land ownership – reliance on Lyamuya principles.
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18 December 2020 |
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A maintenance petition filed instead of the mandatory chamber summons renders proceedings incompetent; appeal allowed and judgment set aside.
Family law – Law of Marriage (Matrimonial Proceedings) Rules – Rule 32 – mandatory requirement that maintenance applications be by chamber summons supported by affidavit; non-compliance renders proceedings incompetent. Civil procedure – overriding objective – does not validate circumvention of mandatory procedural rules. Procedural irregularity – wrong pleading – grounds for nullifying and setting aside trial court proceedings.
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18 December 2020 |
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Appeal struck out for absence of mandatory Notice of Intention to Appeal and late filing; liberty granted to refile.
Criminal procedure – Notice of Intention to Appeal – mandatory under section 361(1)(a) – absence renders appeal incompetent. Time limits – petition of appeal to be filed within 45 days under section 361(1)(b) – necessity to produce order extending time. Consequence – striking out incompetent appeal; liberty to refile with fresh notice and petition.
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18 December 2020 |
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The High Court quashed District Court child‑custody and affiliation decisions for lack of jurisdiction after the Law of the Child Act.
Child law – Jurisdiction – Law of the Child Act established Juvenile Courts (ss.97–99) with power over care, maintenance and protection; Affiliation Act repealed (s.160). Jurisdictional limit – District Courts may only decide custody and maintenance arising from matrimonial proceedings (Law of Marriage Act ss.125–126). Civil procedure – High Court revisional powers under Magistrates' Courts Act s.44(1)(b) to quash proceedings heard without jurisdiction.
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18 December 2020 |
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High Court upheld concurrent factual findings, dismissing appeal and affirming ward tribunal’s majority decision and credibility assessment.
Land disputes – appellate review of concurrent findings of fact – duty not to disturb concurrent findings absent misapprehension of evidence or legal error. Ward tribunal procedure – members’ opinions and majority decision – compliance with Land Disputes Courts Act and Ward Tribunals rules. Procedural law – appellate courts will not entertain issues not raised or pleaded in lower courts. Succession/administration – absence of letters of administration not determinative in a trespass claim and irrelevant if not pleaded. Cause of action – distinction between disputes over right of way (easement) and disputes over occupation/title of land.
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18 December 2020 |
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The applicant failed to prove the respondent's medical negligence or causation of the patient's death.
Medical negligence — Professional duty, breach and causation — Death alone not proof of negligence — Bolam/Bolitho standard applied — Need for NPDSR/post‑mortem or cogent medical evidence to establish causation — Vicarious liability not automatic without proof of employer’s employees’ negligent breach.
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18 December 2020 |
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An unexplained decades-long delay can justify setting aside appointment of an estate administrator.
Probate and administration — Letters of administration — No fixed time limit but courts may refuse applications for unwarrantable delay (Rule 5, G.N. 311/1964); procedural fairness in clan meetings; validity of administrator appointment questioned where estate allegedly previously divided and a living heir excluded.
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18 December 2020 |
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18 December 2020 |
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18 December 2020 |
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Bank computer printouts are admissible electronic evidence; objection under s79 overruled; witness to file supporting affidavit.
Evidence — Electronic evidence — Admissibility of bank computer printouts as banker’s books — Evidence Act (sections 63, 64) and inserted section 78A. Procedure — Requirement of supporting affidavit for tendering computer-generated bank statements — curable procedural defect. Reliance on Electronic Transactions Act and case law on electronic/banker’s book evidence.
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18 December 2020 |
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A court cannot decide contested factual issues on annexures and written submissions without admitting evidence or hearing witnesses.
Civil procedure – written submissions versus oral evidence; annexures to submissions not admissible as exhibits without formal tender and witness testimony; dispensing with witnesses where facts are contested is a fundamental procedural error rendering proceedings a nullity; appeal and setting aside of judgment.
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18 December 2020 |
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Appellate court set aside matrimonial judgment for dispensing with witnesses and relying on untendered annexures.
Matrimonial law — presumption of marriage; Evidence — written submissions and annexures not tendered do not substitute for oral evidence; Civil procedure — dispensing with witnesses on contested facts is a fundamental procedural error; Judgment — proceedings and judgment founded on untendered annexures declared nullity.
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18 December 2020 |
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Convictions quashed where cautioned statements were admitted without inquiry and seized property lacked mandatory seizure certificate.
Criminal procedure – admissibility of cautioned/confessional statements – objection requires inquiry/trial-within-trial into voluntariness before admission. Criminal procedure – seizure of property – mandatory certificate/receipt of seizure signed by owner and witness; absence undermines possession evidence. Conviction based on uncorroborated/retracted confession and uncertified exhibit cannot stand.
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18 December 2020 |
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A ward tribunal’s lack of recorded coram and required female membership renders its proceedings and ensuing appeal null and void.
Ward Tribunal composition — statutory coram requirement (s.11 LDCA; s.4 Ward Tribunals Act) — necessity of recording members and gender — failure to meet female membership requirement renders proceedings a nullity — appellate decision depending on null proceedings vitiated — revisional powers under s.43 LDCA to quash and order fresh proceedings.
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18 December 2020 |
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Appeal from land tribunal struck out as time-barred for failure to obtain extension or affidavit justifying delay.
Land Disputes Courts Act s.41 – time limit for appeals (45 days) – late filing – non-supply of certified copies not automatically tolling time – requirement to apply for extension of time supported by affidavit – appeal struck out as time-barred.
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18 December 2020 |
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Victim's credible oral testimony and parental evidence proved penetration and age; appeal against rape conviction dismissed.
Criminal law – Rape – Proof of penetration – oral testimony of victim sufficient; DNA not mandatory. Criminal law – Statutory rape – proof of victim's age – parental testimony acceptable; improperly admitted birth certificate expunged. Evidence Act s.127(6) – victim's uncorroborated testimony may sustain conviction where court records reasons for belief in truthfulness. Evidence – Exhibits admitted but not read over to accused are expunged; oral testimony may nevertheless supply necessary proof. Criminal procedure – Appellant's failure to cross-examine witnesses undermines defence and appeals on credibility grounds.
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18 December 2020 |
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Appellant's statutory rape conviction quashed for unsafe dock identification, unreliable caution statement, and insufficient circumstantial evidence.
Criminal law – Sexual offences: admissibility and competence of child witness evidence (s127 Evidence Act); proof of age under Law of the Child Act; visual/dock identification vs identification parade (Waziri Amani); weight and admissibility of cautioned statements; adequacy of circumstantial evidence to establish guilt beyond reasonable doubt.
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18 December 2020 |
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Conviction quashed where dock identification without parade and unreliable caution/circumstantial evidence failed to prove guilt.
Criminal law – Sexual offence (statutory rape) – proof of age under Law of the Child Act – victim’s own evidence sufficient where corroborated. Evidence – Child witness – compliance with section 127(2) of the Evidence Act required and satisfied. Evidence – Visual/dock identification – identification parade required where witness was a stranger; dock identification alone is weak. Evidence – Cautioned statements – delays in recording and complaints of coercion affect admissibility/weight. Evidence – Circumstantial evidence – must irresistibly point to accused’s guilt to sustain conviction.
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18 December 2020 |
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Revision appropriate where magistrate decided merits without hearing; objection-proceeding remedies and procedural fairness clarified.
Civil procedure — Revisional versus appellate jurisdiction — Revision cannot substitute appeal except in exceptional circumstances; full record required for revision. Objection proceedings — Remedies under Order XXI Rule 62 (fresh suit) and section 74(2) (appeal where preliminary objection finally disposes). Procedural fairness — Right to be heard; returning matters for de novo hearing where magistrate decided merits without hearing parties. Abuse of process — Allegations require evidential proof; multiplicity of applications alone is insufficient.
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18 December 2020 |
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Extension of time granted where prompt efforts and delay in obtaining judgment/decree constituted sufficient cause.
Land procedure — Extension of time to appeal — 'Sufficient cause' — Delay in obtaining copy of judgment or decree as ground for extension — Court's discretionary, judicial exercise considering promptness and diligence.
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18 December 2020 |
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Plaintiff lacked locus standi because the land title was registered to another legal entity, so the suit was dismissed with costs.
Land law — title deeds — certificate of title as primafacie evidence of ownership; presumption in favour of registered owner under Land Registration Act. Locus standi — legal capacity to sue — company incorporated after issuance of title cannot claim land unless transfer shown. Competing claims to land — person registered in title presumed owner unless title shown to be unlawfully obtained or transferred. Pleadings and reliefs — where plaintiff lacks locus standi, merits need not be determined and suit may be dismissed.
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18 December 2020 |
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Appellants' convictions for unlawful park entry, weapons and trophy possession upheld; DPP certificate and disposal procedure valid.
Criminal law – National Parks Act and Wildlife Conservation Act – unlawful entry, possession of weapons and government trophies; requirement of DPP consent for economic offences; accused's rights under s.231 CPA to be informed and call witnesses; disposal of perishable exhibits – Police General Orders and inventory/disposal order admissibility.
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18 December 2020 |
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Court upheld the CMA award, rejecting employer's challenge despite procedural defects in the termination.
Labour law – employment contracts – identity of employer; termination – fairness and procedure – right to be heard (s.37 ELRA; Art.13(6)(a)); judicial review of CMA awards – grounds for setting aside arbitration award; procedural irregularity (use of forms) not fatal where dispute was properly before CMA.
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18 December 2020 |
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Court granted extension of time to appeal, finding an eight‑day delay not inordinate and justice favoured hearing the merits.
Extension of time – Law of Limitation s.14(1) – discretion and sufficient cause – applicant must account for all days of delay – delay not inordinate (8 days) – late supply of certified tribunal records; family land dispute and merits of case as factor in exercise of discretion.
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18 December 2020 |
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High Court refused a s.47(3) certificate because the applicant’s grounds were factual, not points of law.
Land Disputes Courts Act s.47(3) – Certification for appeals from Ward Tribunal – High Court’s exclusive jurisdiction to certify – Distinction between point of law and question of fact – Requirement that issues be legal, not factual, to warrant certificate.
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18 December 2020 |
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Failure of a trial court to analyse the accused's defence amounted to miscarriage of justice, warranting quashing of convictions.
Criminal law – armed robbery and wounding; identification evidence at night by torch/solar light; duty of trial court to analyse and consider accused’s defence; failure to analyse defence = miscarriage of justice; appellate power to quash unsafe convictions.
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17 December 2020 |
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Partial judgment resolving which properties in a probate inventory belong to the estate or to the plaintiffs; suit partly granted.
Probate and administration – inventory disputes – whether properties included in deceased's inventory form part of estate or belong to claimants; evidentiary sufficiency of family meeting minutes, gift/handing-over documents and title deeds; sale by probate administrator of another deceased's property.
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17 December 2020 |
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Convictions quashed due to inadmissible confessions, unread PF3, unreliable night identification and failure to consider the defence.
Criminal law – armed robbery – admissibility of cautioned and extra‑judicial statements – duty to conduct inquiry into voluntariness when objected to; evidence – PF3 must be read out after admission; visual identification – Shabani Bakari guidelines for night identification; criminal procedure – requirement to analyse defence under s.312(1) CPA; conviction unsafe where reliance rests on expunged/confessional evidence and unreliable ID.
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17 December 2020 |
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A transfer order under sections 47–48 MCA is final and not appealable under section 49(3), so the appeal was dismissed.
Civil procedure – Transfer of proceedings – Sections 47–48 Magistrates' Courts Act – Section 49(3) bars appeal against grant or refusal of transfer orders. Transfer powers are discretionary but final for purposes of appeal; substantive jurisdictional objections need other remedies.
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17 December 2020 |
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Failure to analyze the applicant's defence under section 213 CPA amounted to a miscarriage of justice; conviction quashed.
Criminal law — Armed robbery — Duty of trial court to analyze and consider accused's defence under section 213 CPA; failure to do so is a miscarriage of justice — Conviction quashed and sentence set aside.
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17 December 2020 |
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Court corrected its judgment for an apparent error and allowed the appeal despite a wrong statutory citation.
Review – error apparent on the face of the record – correction of Court’s own judgment; Civil Procedure Code citation – wrong Revised Edition cited (R.E.2018 v R.E.2019) – whether citation irregularity is fatal; Overriding objective – liberal construction and cure of procedural defects; Judicial notice and publication of revised statutes; Malicious prosecution – failure to prove elements; consequence of inconsistency between findings and final order.
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17 December 2020 |
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Appeal allowed and application restored because the trial court dismissed substantive application without ruling on a pending res judicata objection.
Civil procedure – preliminary objection – res judicata – duty to stay substantive proceedings pending determination of preliminary objections – procedural irregularity where court decides merits before ruling on preliminary point – restoration of application for determination.
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17 December 2020 |
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Reported
Ordinary courts must not hear cooperative-society business disputes before mandatory referral to the Registrar under the Act.
Co-operative Societies Act 2013 – dispute resolution – statutory requirement to refer disputes concerning cooperative business to the Registrar; Cooperative Societies Regulations (G.N. No. 272 of 2015) – Rule 83(1) and (9) – exclusive procedure and appeal route; Jurisdiction – primary/ordinary courts prohibited from entertaining premature suits on cooperative business matters; Policy – promotion of harmony and exhaustion of internal remedies before litigation.
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17 December 2020 |
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A defective charge and failure to read a medical exhibit vitiated the rape conviction; appeal allowed and conviction quashed.
Criminal law – Rape – Charge particulars – Requirement to cite correct statutory provisions for offences involving children – defective charge vitiates trial. Criminal procedure – Documentary evidence – Admitted documents must be read out in court; failure to do so is fatal and may lead to expungement. Criminal procedure – Cure under section 388 CPA – Fundamental defects in charge not curable.
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17 December 2020 |