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Citation
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Judgment date
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| December 2020 |
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An application filed under a repealed statute is incompetent and is properly struck out; re-filing within 21 days permitted.
Criminal procedure – application for extension of time – competence of proceedings – correct citation of statute; repealed law renders application incompetent and non-justiciable. Jurisdiction – courts must determine competence before hearing merits – incompetent proceedings to be struck out. Procedural compliance – ignorance of revised legislation does not excuse defective filing.
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14 December 2020 |
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An application filed under a repealed statute is incompetent and is struck out, but the applicant may refile within 21 days.
Criminal procedure – competence of applications – incorrect citation of repealed statute (Cap 20 [R.E.2002] v Cap 20 [R.E.2019]) – non-compliance with mandatory procedural requirements renders application incompetent and a nullity; court must determine competence first; defective application struck out with leave to refile within specified time.
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14 December 2020 |
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Execution orders are not appealable under the CPC; the proper remedy is revision, not appeal.
Civil procedure – Execution orders – Appealability – Execution orders are not listed as appealable under Order XL Rule 1 or sections 74/75 CPC; remedy is revision. Consent/settlement decrees – execution arising from consent judgments – challenges by revision. Appeal as creature of statute – no appeal without clear statutory provision.
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14 December 2020 |
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Appellate court found cumulative misconduct and constructive desertion irreparably broke the marriage, granting divorce and the matrimonial house to the applicant.
Matrimonial law – divorce – irretrievable/irreparable breakdown of marriage – cumulative assessment of matrimonial offences; constructive desertion; cruelty/mistreatment. Evidence – appellate review – evaluation of uncontroverted testimony and failure of trial court to assess conduct cumulatively. Reliefs – dissolution of marriage; award of matrimonial home; costs of appeal.
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14 December 2020 |
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A former advocate’s move to a new firm created a conflict, so the applicant’s and respondent’s pleadings were struck out.
Advocates’ professional conduct – conflict of interest – movement between firms – regs 3, 50 and 51 Advocates (Professional Conduct and Etiquette) Regulations, 2018. Confidentiality and potential witness status – disqualification from representation. Court’s inherent power to restrain representation and strike out pleadings to prevent abuse of process.
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14 December 2020 |
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Former firm association created a disqualifying conflict, so conflicted firms’ pleadings were struck out and costs shared.
Professional ethics – conflict of interest; advocates moving firms and disclosure of confidential information; imputed conflict to new firm; court’s inherent power to restrain representation; striking pleadings drafted by conflicted counsel.
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14 December 2020 |
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Primary Court may divide jointly acquired matrimonial property under s160(2) even where parties not legally married; equal division upheld.
Family law – Division of matrimonial property – Jurisdiction of Primary Court under s.160(2) Law of Marriage Act where parties cohabited but were not legally married. Division principles – proof and quantification of contributions; joint farming/business and equal division. Evidence – role of former spouses appearing as witnesses and party status. Distinction – claims for adultery/damages versus property division (Wilson Andrew distinguished).
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14 December 2020 |
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An application citing a repealed edition of the Criminal Procedure Act was held incompetent and struck out, with leave to refile within 21 days.
Criminal procedure – competence of applications – citation of repealed versus current revised edition of statute; jurisdiction – courts cannot entertain incompetent proceedings; remedy – striking out and leave to re‑file; ignorance of law no excuse.
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14 December 2020 |
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Whether a company under administration may institute proceedings without administrator's consent or court leave.
Companies Act — administration order — moratorium on proceedings under s.250(3)(d) — distinction between proceedings against a company and proceedings by the company — competence to sue without administrator's consent where administrator is joined or has sought extension; expiry of administration period and effect of pending extension application.
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14 December 2020 |
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Primary Court lacked jurisdiction to award adultery damages without divorce petition or proof of customary/Islamic marriage.
Primary Court jurisdiction – damages for adultery – requirement of customary or Islamic marriage or divorce petition (s.75 LMA) – absence of jurisdiction voids proceedings and judgment; exhibits returned if no appeal.
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14 December 2020 |
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Primary Court lacked jurisdiction to award adultery damages absent divorce petition or proof of customary/Islamic marriage.
Jurisdiction of Primary Court – damages for adultery – requirement to petition for divorce or prove marriage in customary/Islamic form (LMA Part V, s.75) – proceedings quashed for want of jurisdiction – Court of Appeal precedent applied.
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14 December 2020 |
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Respondent who paid dowry may sue for its refund; customary "Ng'ombe ya maji" need not be returned.
Family law – dowry (bride price) – refund on dissolution of customary marriage – locus standi of the person who paid dowry to claim restitution. Evidence – allegations of using daughter as "investment" unproven; court should not base orders on unsubstantiated claims. Customary law – "Ng'ombe ya maji" (Sukuma custom) is customarily retained and need not be returned. Appellate procedure – new issues not raised at trial generally not entertained; prior admissions in pleadings/appeals are binding.
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14 December 2020 |
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Whether village-assembly approval vests title absent fulfilment of conditions; prior allocation invalid and trespass established.
Village land – Allocation by village council and village assembly – Effect of assembly approval where conditions (contracts, payments) remain unfulfilled – ownership conditional until conditions satisfied. Validity of alleged prior allocations – land vested in third party (Ministry) at time of purported allocation – such allocations confer no good title. Burden of proof in land claims – party alleging title must produce minutes/resolutions and reliable documentary evidence. Trespass – where claimant fails to prove title, occupying party declared trespasser. Pleadings – parties bound by their pleadings; later oral departures disregarded if prejudicial.
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14 December 2020 |
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Proceedings by a person without court-issued letters of administration are nullities; DLHT judgment failing Regulation 20(1) is invalid.
Land law — Locus standi — Capacity to sue as administrator — letters of administration required; Civil procedure — Validity of tribunal judgment — Regulation 20(1) DLHT Regulations 2003 (brief facts, findings, decision, reasons); Nullity of proceedings instituted by incompetent person.
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14 December 2020 |
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Victim's credible testimony and PF3 established statutory rape; appeal dismissed and conviction upheld.
Criminal law – Rape – statutory rape – victim's testimony on penetration and Clinical Officer's PF3 as proof of penetration; consent immaterial for statutory rape. Evidence – single witness (victim) can prove rape; failure to cross-examine on implicating fact treated as acceptance. Proof of age – parent’s testimony admissible to establish victim’s age for statutory rape. Procedure – arresting officer may also investigate (s.15(4) CPA); absence of separate health officer not fatal where clinical evidence exists.
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14 December 2020 |
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Applicant failed to account for each day of delay; extension of time to file appeal refused.
Extension of time – requirement to account for each day of delay – credibility of explanations and supporting evidence – failure to produce affidavit or correct documentary irregularity – delay not reasonably explained.
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14 December 2020 |
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High Court dismisses probate appeal as filed outside the statutory 30-day period; irregularities do not replace an extension application.
Probate appeal – limitation – computation of 30-day appeal period under section 20(3) Magistrates' Courts Act, Cap. 11 – appeal filed out of time. Procedural law – irregularities on the face of the record – distinction between appeal and application for extension of time. Civil procedure – filing date vs payment receipt date – effect on competency of appeal.
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14 December 2020 |
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High Court granted bail pending District Court trial, requiring half-value deposit and statutory supervisory conditions.
Bail — right to bail pending trial — Economic and Organized Crime Control Act s36(5)–(6) — when alleged property value exceeds Tshs 10,000,000 deposit of half value required — conversion of foreign currency at rate prevailing when offence committed — supervisory conditions (surrender of travel documents, reporting, sureties, bonds).
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14 December 2020 |
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Procedural missteps and ongoing litigation can amount to good cause for extension of time to appeal.
Extension of time – discretionary relief – applicant must account for delay – technical/procedural missteps while actively litigating can constitute good cause – allegations of counsel’s negligence insufficient to defeat extension where delay justified.
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14 December 2020 |
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Alleged joint will invalid for non-compliance with witnessing formalities; petition dismissed and Administrator General directed to administer estate.
Wills — validity of written (joint) will — requirements under Local Customary Law (G.N. No.436/1963) including special witnesses and presence of wife/wives — attestation by relatives — executor versus administrator — Administrator General intervention under Administrator General (Powers and Functions) Act (Cap.27).
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14 December 2020 |
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An appellant must obtain leave and show good cause where an appeal is filed after the 45‑day statutory period.
Limitation of actions: appeal periods under s.41(2) Land Disputes Courts Act; applicability of the Law of Limitation Act via s.52(2) — does not affect appellate jurisdiction; requirement to seek court's leave and show good cause for extension of time where appeal is filed late.
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14 December 2020 |
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Pre-enactment challenges to Bills are generally barred by section 8(3) BRADEA absent exceptional, proven circumstances.
Constitutional law; judicial review of legislation; pre-enactment challenges to Bills; section 8(3) BRADEA; separation of powers; articles 97,100,101; presumption of constitutionality; exceptional circumstances for interlocutory intervention.
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14 December 2020 |
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An application filed under a repealed statutory provision is incompetent and struck out; applicant may refile within 21 days.
Criminal procedure – application for extension of time – competence – filing under repealed statutory provision – incompetence and striking out. Jurisdiction – courts must first determine competence before dealing with merits; no jurisdiction to entertain incompetent proceedings. Procedural compliance – mandatory citation requirements; ignorance of revised statute is not a defence. Remedy – striking out incompetent application; liberty to re-file within a fixed period.
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14 December 2020 |
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High Court lacked pecuniary jurisdiction over defamation claim because damages were general, not proved as specific.
Civil procedure – Jurisdiction – Pecuniary jurisdiction determined by substantive claim; defamation claims ordinarily yield general, not specific, damages; specific damages must be pleaded and proved; absence of provable specific damages renders High Court jurisdiction incompetent; plaint struck out with costs; liberty to refile.
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14 December 2020 |
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14 December 2020 |
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Doctrine of recent possession upheld where accused found with complainant's phone and gave no explanation.
Criminal law – armed robbery – doctrine of recent possession – tests for application: (i) property found with suspect; (ii) property proved to be recently stolen from complainant; (iii) stolen thing is subject of charge. Evidence – identification of property – IMEI, receipt and photographs as positive identification. Evidence – cautioned statement – failure to read admitted statement aloud reduces evidential value. Procedure – absence of identification parade not fatal where no prior description given to police.
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14 December 2020 |
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Appeal set aside because the respondent’s representative lacked written authorization; rehearing ordered inter partes.
Civil procedure – Representation of corporate/trust entity – Requirement for written authorization of an agent under Order III Rule 6(2) CPC – Lack of written authority can vitiate representation and justify setting aside judgment. Service and fair hearing – Proper service and authorized representation necessary for inter partes determination. Locus standi/authority – Discrepancies in who signed contracts and who appeared in court raise doubts about authority to represent.
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14 December 2020 |
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Two accused convicted of murder on reliable visual identification, corroboration and common intention; each sentenced to death.
Criminal law – Murder – elements: death, unlawful act, causation, malice aforethought. Identification evidence – visual identification by familiar witnesses under favourable conditions. Corroboration – dying declarations and post-mortem report. Criminal liability – common intention (section 22(1)(b) Penal Code). Sentence – mandatory death penalty for murder under section 197 Penal Code.
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14 December 2020 |
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Conviction cannot rest on suspicion or uncorroborated, defective police confessions; accused acquitted and released.
Criminal law — Murder: death and malice established but identity not proved; suspicion insufficient to convict; cautioned statements to police presumed involuntary unless proved voluntary; defective certification and lack of corroboration render police confessions unreliable.
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14 December 2020 |
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A divorce petition filed more than six months after a reconciliation certificate is incompetent and the trial judgment is nullified.
Matrimonial law — reconciliation-board certificate — sections 101, 104(5) and 106(2) Law of Marriage Act — six‑month time limit for filing divorce petition — competence of petition filed without timely certificate; late submissions disregarded.
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14 December 2020 |
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High Court lacks jurisdiction to grant leave to appeal against a decision by an SRMEJ; matter to be transferred to the appropriate RM with extended jurisdiction.
Land procedure – jurisdiction to grant leave to appeal to Court of Appeal – decision made by Senior Resident Magistrate with Extended Jurisdiction – competency of application filed in High Court – transfer to Resident Magistrate with extended jurisdiction; costs in the course.
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14 December 2020 |
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Unsworn prosecution testimony vitiated the case; conviction quashed for lack of admissible evidence.
Criminal law – Evidence – Mandatory oath or affirmation (section 198(1) CPA) – Unsworn testimony has no evidential value; failure to read admitted documents aloud to be expunged; inadequate evaluation of defence undermines conviction.
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14 December 2020 |
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Internal administrative delay does not constitute good cause to extend time for filing a notice of appeal; application dismissed.
Extension of time – discretionary remedy – requirement to show good cause; accounting for all periods of delay; internal administrative delay not good cause; technical delay for incompetent proceedings; Rule 83(2) Court of Appeal Rules and s.11(1) AJA considered.
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14 December 2020 |
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Internal organizational delay does not constitute good cause to extend time to file an appeal.
Civil procedure – Extension of time – application for leave to file notice of appeal out of time – requirement to show "good cause" and account for all periods of delay. Procedural timetables – Rules of court must be obeyed prima facie; discretion to extend time exercised on material demonstrating good cause. Internal administrative delay – Waiting for an organisation/union board decision does not constitute good cause for extension of time. Technical delay – Time spent pursuing an incompetent application in the Court of Appeal can be excusable if properly accounted for. Labour matters – Court ordered no costs.
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14 December 2020 |
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Conviction quashed for failure to obtain child’s promise to tell truth; retrial ordered de novo.
Evidence Act s.127(2) – child witness must promise to tell the truth – failure to obtain promise renders evidence inadmissible and to be expunged; rape – insufficiency of evidence once child evidence removed; retrial de novo appropriate where trial was defective and interest of justice demands it.
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14 December 2020 |
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14 December 2020 |
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Application for extension of time struck out as incompetent for citing a repealed statute; leave given to refile within 21 days.
Criminal procedure — competence of proceedings; incorrect citation of statute; filing under repealed law (Cap.20 R.E.2002 v R.E.2019); jurisdiction to entertain only competent applications; striking out defective applications; leave to refile within fixed time.
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14 December 2020 |
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Undated jurat and omission by commissioner were defects in the affidavit but curable; leave to amend granted.
Notaries Public and Commissioners for Oaths Act s.8 – jurat must state name, place and date of attestation; omission to date jurat or verification clause is a defect. Defects in affidavits (undated jurat/verification and commissioner’s omission to state knowledge of deponent) are curable; court may grant leave to amend. Application for certificate under AJA s.5(1)(c) – preliminary objection on affidavit formalities – discretion to amend rather than striking out.
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13 December 2020 |
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Whether the district court had pecuniary jurisdiction over a commercial dispute exceeding TZS 30,000,000 and whether damages were justified.
Commercial law — contractual loan secured by pledged movable and immovable property — characterization as a commercial case; Magistrates' Courts Act — pecuniary jurisdiction of District Courts in commercial matters (TZS 30,000,000 limit) — lack of jurisdiction renders proceedings null; General damages — requirement to state reasons and exercise discretion cautiously; Seizure/confiscation of security — premature seizure and estoppel issues (considered but appeal disposed on jurisdiction and quantum).
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11 December 2020 |
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Appellate court upheld rape conviction, finding child’s unsworn but credible testimony admissible and PF3 expunged but conviction sustained.
Criminal law – proof beyond reasonable doubt; Child witness – Section 127(2) Evidence Act and unsworn testimony; Documentary evidence – PF3 must be properly admitted/read in court or be expunged; First appeal – re‑evaluation of evidence and duty to consider defence; Procedural fairness – putting substance of charge and recording plea.
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11 December 2020 |
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11 December 2020 |
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Whether a deponent’s signed verification suffices and whether using "and others" without naming each applicant renders the application incompetent.
Civil procedure – Verification of pleadings – Order VI Rule 15 CPC – A verification signed by the deponent satisfies the rule; counsel’s signature not mandatory. Civil procedure – Parties – Use of "and others" in title – Non-disclosure of identities not necessarily fatal where overriding objective favors substantive justice. Preliminary objections – Procedural technicalities must yield to overriding objective and substantive justice.
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11 December 2020 |
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11 December 2020 |
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A stay of execution requires proof of loss, promptness and security; absence of security warrants striking out the application.
Civil Procedure – Stay of execution – Order XXXIX Rule 5(3) CPC – three conditions: substantial loss, absence of unreasonable delay, and provision of security – failure to show security fatal to stay application.
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11 December 2020 |
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Mutual mistake rendered the alleged investment contract void; only TSh 65,992,000.05 was proven and awarded with interest.
Contract law – formation – mutual assent – "same thing in the same sense" required for valid agreement; mutual mistake under s.20(1) Law of Contract Act renders agreement void. Evidence – proof of payment – admissibility and authenticity of Western Union spreadsheets; probative value of bank statements and police investigation. Remedies – absence of valid contract precludes breach-based damages; award limited to proven transfers; interest awarded at court rate.
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11 December 2020 |
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Applicant granted 21 days extension to apply to set aside ex-parte labour judgment for sufficient cause and lack of proved notice.
Labour law – extension of time – application to set aside ex-parte judgment – requirements for granting extension (account for delay, not inordinate, diligence) – proof of service of process required to defeat excuse of ignorance.
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11 December 2020 |
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Oral witness identification of government trophy upheld conviction despite expunged exhibits; appeal dismissed.
Criminal law – unlawful possession of government trophy – sufficiency of evidence – identification of wildlife meat and hunting implements; procedure – necessity to read admitted exhibits in court – failure to read certificate of seizure and cautioned statement leads to expungement but may not vitiate conviction where oral evidence is compelling.
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11 December 2020 |
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Application for interim injunction challenging administrative eviction struck out as procedurally inappropriate and moot.
Administrative law – Appropriate procedure for challenging administrative eviction orders – Judicial review ordinarily the proper forum. Interim relief – Mareva injunction limited to preserving assets where suit cannot be instituted; not for pending nonexistent suits. Mootness – Eviction after filing can render injunctive relief ineffectual; court may strike out application.
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11 December 2020 |
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Applicant's appeal allowed; court found respondents' grazing destroyed crops wilfully and assault was proven.
Criminal law – Malicious damage to property – Grazing livestock on privately owned crops can amount to wilful and unlawful destruction under s.326(1) Penal Code. Criminal law – Assault occasioning actual bodily harm – Medical records (PF3) and eyewitness evidence suffice to establish offence despite minor inconsistencies. Evidence – Minor discrepancies (e.g. name variation; differing descriptions of blows) are not necessarily fatal to prosecution where identity and core facts are clear. Procedure – Appellate court may quash acquittal and convict where trial court misappreciated evidence.
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11 December 2020 |
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Court upheld armed robbery convictions, finding visual identification reliable under Waziri Amani despite minor inconsistencies.
Criminal law - Armed robbery - Visual identification - Application of Waziri Amani guidelines (prior acquaintance, duration, distance, lighting) - Minor inconsistencies as non-material - Proof beyond reasonable doubt.
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11 December 2020 |