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Citation
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Judgment date
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| December 2020 |
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Extension of time granted due to inordinate delay obtaining tribunal's copy and the applicant's right to be heard.
Extension of time – sufficient cause – inordinate delay in issuance of copy of tribunal ruling – right to be heard – exercise of judicial discretion.
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11 December 2020 |
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The appellant’s land claim was timely; purchaser failed to prove good title from an unappointed estate administrator.
Limitation — recovery of land — twelve-year period — accrual when claimant is aware and capable to sue. Probate and Administration — section 101 Cap 352 — only appointed administrators may validly dispose of deceased estate property. Property law — bona fide purchaser protection requires acquisition of good title from someone empowered to sell. Procedure — non-joinder of alleged seller not fatal where claimant does not rely on that sale. Civil procedure — failure to file written submissions does not prevent court from deciding on evidence.
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11 December 2020 |
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11 December 2020 |
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Delay in obtaining judgment copies and alleged jurisdictional illegality justified extension of time to appeal.
Civil procedure – extension of time – delay in obtaining judgment copies as sufficient cause; illegality affecting tribunal's jurisdiction as additional ground for extension.
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11 December 2020 |
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Victim and medical evidence can prove rape and statutory age without DNA or a birth certificate.
Criminal law – Sexual offences – Rape and impregnating a schoolgirl – Proof by victim, parent and medical evidence; penetration and age established. Evidentiary requirements – DNA report not mandatory to prove rape. Witnesses – Prosecution need not call non-material witnesses. Proof of age – Birth certificate desirable but not essential where other credible evidence exists.
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11 December 2020 |
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A registered letter of offer conferred superior title; District Tribunal erred in quashing Ward decision and ordering vendor's joinder.
Land law – ownership – person in whose name land is registered (Land Registration Act s.2(1)) – registered letter of offer as evidence of title where no title deed produced; Documentary priority – registered offer (2001) superior to later sale agreement (2004); Civil procedure – joinder of vendor unnecessary where claimant holds superior registered interest; Appeal – appellate interference with findings on title and necessity of joinder.
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11 December 2020 |
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Appeal allowed and proceedings nullified because suit was instituted by and against improper parties and assessors’ procedure was defective.
Land law — locus standi — parties to action must be proper parties under the foundational lease; Tribunal composition — chairman plus two assessors required; Assessors’ opinions — must be in writing, recorded and reasons given if departed from (s.24 Land Disputes Courts Act; Reg.19(2) District Land and Housing Tribunal Regulations); Procedural irregularities may render proceedings a nullity.
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11 December 2020 |
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Whether an appellate court may entertain an unraised time-bar issue on appeal when not argued in lower courts.
Civil procedure – extension of time – time-bar – whether appellate court may decide an issue of time-bar not raised in lower courts; conflict of authorities on raising new legal questions on appeal; certification for Court of Appeal review.
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11 December 2020 |
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Tribunal wrongly struck out land suit for late non‑joinder; appellant proved ownership by long possession.
Land law — Non‑joinder of parties — Late objection to joinder — Order I rules; court may determine rights of parties before it — Necessary party test — Adverse possession and limitation — Credibility of oral allocation evidence.
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11 December 2020 |
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Issuance of PVoC/CoC without proper inspection and sealing amounts to negligence; plaintiff awarded damages and interest.
Pre‑shipment inspection – PVoC/CoC – issuance without adequate inspection, testing or sealing – duty of care of inspection agents – negligence – proof of specifications – damages and interest awarded.
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11 December 2020 |
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Extension of time granted where technical delay and arguable illegality/jurisdictional point justified filing appeal out of time.
Extension of time – Law of Limitation Act s.14(1) – technical delay vs. negligence – Fortunatus Masha – Lyamuya criteria (account for delay, not inordinate, diligence, point of law/illegality) – jurisdictional challenge in adultery claim under Law of Marriage Act s.75.
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11 December 2020 |
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11 December 2020 |
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Leave to appeal granted on arguable points about executor’s locus standi, resealing of foreign probate, and ownership of registered land.
Land law – leave to appeal under s.47(1) LDA – locus standi of a foreign-appointed executrix – resealing/recognition of foreign probate – ownership of land registered in joint names – admissibility and provenance of photocopied documents – time-barred appeals – leave granted where arguable points of law exist.
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11 December 2020 |
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11 December 2020 |
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A beneficiary lacks locus standi and the land tribunal lacks jurisdiction where the dispute is essentially a probate distribution matter.
Probate law – locus standi of beneficiaries – when a beneficiary may sue in a land tribunal; Jurisdiction – District Land and Housing Tribunal lacks jurisdiction over disputes that are essentially probate/distribution matters; Evidence – Form VI alone does not establish closure of probate or sole entitlement; Administrator – the legal personal representative remains proper party until probate is closed.
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11 December 2020 |
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Second appeal dismissed where ward tribunal membership and assessors' opinion were sufficiently recorded and appellant's grounds failed.
Land law – second appeal – interference with concurrent findings – requirement of demonstrable error or miscarriage of justice. Procedure – Ward Tribunal – recording of coram/membership – sufficiency where members are identifiable on record. Procedure – Assessors’ opinion – chairman must record substance; written assessors’ opinion on record suffices. Appellate procedure – grounds not raised, argued or decided at lower appeal cannot be entertained on second appeal.
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11 December 2020 |
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Appellate tribunal must give reasons; daughter entitled to inherit land and customary exclusion of women is invalid.
Land law — appellate procedure — requirement for reasoned judgment per Reg.20(1) — assessors’ opinions — revisional jurisdiction; Evidence — burden to prove inter vivos gift/bequest of land; Constitutional and statutory protection of women's right to own and inherit land — customary exclusionary rules invalid.
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11 December 2020 |
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Applicant's defamation claim dismissed; respondent’s counterclaim partly succeeds for unpaid loan and recovery of pledged shares.
Banking and security – pledge of share certificates; mortgagee remedies on missing certificates – reporting to police and DSE; defamation – requirement to prove reputational injury; loan facilities – borrower default and recovery; guarantor liability – surety bound to secured facilities; admissibility of bank statement as proof of outstanding indebtedness; reliefs: monetary judgment, declaration, handover of securities, realization of security.
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11 December 2020 |
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Appeal against wildlife conviction dismissed; DPP certificate present, chain of custody proven, PE1 expunged.
Wildlife offences – unlawful entry with weapons and possession of animal trophies – charges under Wildlife Conservation Act and National Parks Act. Criminal procedure – right to call defence witnesses – waiver when accused declines to call witnesses. Jurisdiction – certificate vesting jurisdiction from DPP/state attorney – presence on record validates trial court’s jurisdiction. Evidence – chain of custody – seizure, file opening, identification, inventory and magistrate order sufficiently prove continuity. Admissibility – exhibits admitted without objection; certificate of seizure (PE1) not read and expunged.
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11 December 2020 |
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An appeal dismissed as time-barred cannot be cured by a same-court extension application; available remedies are review, revision or appeal.
Appeals – time limitation – effect of finding an appeal is time-barred – court ousted of jurisdiction; remedy is review, revision or appeal, not same-court extension of time. Civil procedure – extension of time – application filed in the same court after appeal dismissed for being time-barred is nullity. District Court – struck out versus dismissal – legal effect of time-barred finding is dismissal.
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11 December 2020 |
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Material discrepancies between electronic, paper and served filings led to striking out a third‑party extension application; refile permitted with compliance.
Civil procedure — Electronic filing — Discrepancies between electronic, physical and served documents; authenticity and production of originals — Judicature and Application of Laws (Electronic Filing) Rules 2018 (Rules 14(1), 17); Third‑party procedure — Applicable time limit — Order I Rule 17 governs third‑party defences (not Order VIII A Rule 1(3)); Abuse of court process — inconsistent filings; Overriding objective cannot cure deliberate/documentary irregularities.
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11 December 2020 |
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Conviction quashed where chain of custody and charge particulars were defective, leaving reasonable doubt.
Criminal law – trafficking in narcotic drugs; evidentiary chain of custody – requirement for chronological documentation and proof of seizure, custody, transfer, analysis and disposition; defective charge – essential particulars and clarity between possession and trafficking; benefit of doubt where prosecution fails to meet standard of proof.
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11 December 2020 |
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Court granted extension of time to applicant due to illness and tribunal’s delay in supplying appeal documents.
Civil Procedure – Extension of time – discretion to grant – requirement to show sufficient cause and diligence; illness and tribunal’s delay in supplying appeal documents may constitute good cause. Appeals – necessity of judgment/records to prepare grounds of appeal – delay in supplying such records can justify extension. Procedural irregularities/illegality on the face of the record as potential additional ground for extension.
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11 December 2020 |
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Application for extension of time dismissed: inordinate delay, lack of diligence, and no established jurisdictional illegality.
Extension of time – sufficient cause – diligence in prosecution – inordinate delay and abandonment – court notification and re-assignment – alleged illegality/jurisdiction under Tax Revenue Appeals Act (s.7) – when illegality justifies extension.
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11 December 2020 |
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Unreliable eyewitness identification and a credible alibi produced reasonable doubt, resulting in acquittal of murder charges.
Criminal law – visual identification – reliability of eyewitnesses who claim familiarity; alibi – burden on prosecution to disprove; reasonable doubt and acquittal.
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11 December 2020 |
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Accused convicted of murder where eyewitness statement and corroborative evidence established identity and malice aforethought.
Criminal law – murder – proof beyond reasonable doubt; Visual identification – conditions for reliability; Admission of unavailable witness’s statement under s34B Evidence Act; Alibi – notice requirements under s194 CPA and consequences; Malice aforethought – factors (weapon, injuries, number of blows, utterances, conduct); Evaluation of contradictions – materiality.
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11 December 2020 |
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Court convicted three accused of murder on voluntary confessions and corroborating circumstantial evidence, sentencing them to death.
Criminal law – murder – circumstantial evidence; admissibility and voluntariness of oral and cautioned confessions; use of co-accused confessions against others; unsound unsigned post-mortem expunged; accomplice evidence admissible; defences of alibi and compulsion insufficient.
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11 December 2020 |
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Single-witness night identification upheld to convict three accused of murder; one accused acquitted; death sentences imposed.
Criminal law – Murder – Elements: death, malice aforethought established by weapon, injuries and conduct; Visual identification – single eyewitness at night: reliability tested by time observed, distance, lighting, prior acquaintance and immediate naming; Alibi – requirement to give notice and prove on balance of probabilities; Principal liability and common intention (ss.22, 23 Penal Code) – aiding, abetting and joint enterprise; Sentence – death under ss.196–197 Penal Code.
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11 December 2020 |
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Appeal dismissed: trial court properly admitted inventory and jurisdiction certificate; appellant waived calling witnesses.
Criminal law – unlawful possession of wildlife trophy – Topi parts. Evidence – admissibility of Trophy Valuation Certificate, search warrant, and inventory; perishable exhibits may be destroyed and inventory admitted. Procedural fairness – right to call witnesses considered waived when appellant closed defence. Jurisdiction – certificate vesting jurisdiction from state attorney on record suffices. Appeal – afterthought complaints on exhibits and procedure will be dismissed.
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11 December 2020 |
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Insufficient evidence that appellant's cattle caused the claimed single-incident farm destruction; award quashed.
Civil damages – proof of causation – valuation report showing long-term destruction – insufficiency of evidence linking defendant's cattle to single-incident extensive damage – weight of environmental and ward visit evidence.
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11 December 2020 |
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11 December 2020 |
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Appeal allowed because the ward tribunal assumed jurisdiction without ascertaining the suit land's value, vitiating proceedings.
Land law — Jurisdiction — Pecuniary jurisdiction of ward tribunal — Value of suit land must be ascertained before assuming jurisdiction; jurisdictional defects may be raised at any stage; failure to establish jurisdiction vitiates proceedings.
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11 December 2020 |
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11 December 2020 |
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Leave to appeal granted where intended appeal showed reasonable prospects; extension of time was misplaced.
Land law – Leave to appeal to the Court of Appeal – Discretionary relief under s.47(1) LDC Act – Leave granted where point of law or reasonable prospects of success; extension of time misplaced where leave to appeal was proper remedy.
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11 December 2020 |
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Theft conviction upheld under doctrine of recent possession; burglary not proved and appeal dismissed.
Criminal law – Theft – Proof by recent possession – Requirements for recent possession (nexus, positive identification, recent theft, reference to charge) – Burglary not proved – Mens rea and actus reus inferred from recent possession – Defence insufficient when no plausible explanation for possession.
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11 December 2020 |
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Personal hardship and alleged employer illegality are not sufficient grounds for condonation to file a labour dispute out of time.
Labour law – extension of time/condonation – personal hardships, poverty, distance and ignorance of law do not constitute good cause. Condonation – illegality as ground – refers to judicial/tribunal errors, not alleged wrongful acts by a party in the substantive dispute. Procedural fairness – condonation stage must not determine substantive merits or pre-empt main hearing.
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11 December 2020 |
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Court extended time to file estate inventory, ordered respondent to produce withheld estate documents for joint administration, no costs.
Probate and administration — Extension of time to exhibit inventory — Withholding of estate documents by co-administrator — Court orders production of original estate papers for joint administration — No order for lodging documents in court — No costs ordered.
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11 December 2020 |
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Appellant failed to prove ownership; village land allocations require village council approval and clear, corroborated evidence.
Land law – proof of ownership – credibility of interested witness and need for corroboration; documentary evidence – authenticity and timing of receipts and offer letters; procedural requirements – Regulation 3(2)(b) (description/size of suit land); village land administration – allocations require village council approval under Local Government (District Authorities) Act; failure to prove ownership defeats counterclaim for compensation.
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11 December 2020 |
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Court dismissed appeal, holding house matrimonial and spouse’s domestic contribution justified the 70/30 property division.
Family law – Division of matrimonial assets; Assets acquired before marriage but improved/built during marriage treated as matrimonial property; Contribution includes domestic work and management of household affairs; Burden of proof under s.110(1) for alleged misappropriation; Section 114 (Cap 29 R.E. 2019) factors and Bi Hawa Mohamed applied to property division.
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10 December 2020 |
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Partly allows challenge to a bill of costs: not time-barred, advocate's firm may sign, but reduces excessive fees.
Civil procedure – taxation of costs – limitation – exclusion of weekends and holidays under Interpretation of Laws Act and Limitation Act; Civil procedure – advocates' remuneration – requirement that bill be drawn by advocate finally on record (Order 64(1)) and effect where advocate from same firm signs; Costs – assessment and reasonableness of instruction, travel and taxation attendance fees under Advocates Remuneration Order and 11th Schedule.
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10 December 2020 |
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Application for attachment before judgment dismissed for failure to prove ownership or imminent dissipation and to meet Order XXXVI requirements.
Civil procedure — Attachment before judgment — Order XXXVI Rules 6(1)(a) & 7(1) — Requirement to prove ownership, imminent disposal or removal of property and to afford defendant opportunity to furnish security or show cause — Exceptional remedy not to be granted on hearsay.
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10 December 2020 |
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Plaintiffs proved discharge of bank facilities; bank failed to prove debt or justify disposal of mortgaged properties.
Banking law – discharge of facilities by account deposits; requirement for primary documentary evidence (bank statements) to prove indebtedness; adverse inference for failure to produce pleaded documents; mortgage enforcement and validity of statutory notice to dispose.
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10 December 2020 |
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Appeal allowed: confession and victim’s evidence expunged, medical proof of penetration not linked to appellant, reasonable doubt remains.
Criminal law – Rape – Admissibility of confession – Delay in recording caution statement contrary to s.50(1)(a) CPA; Competence of witness – Minor of unsound mind – s.127 Evidence Act; Medical evidence (PF3) – Penetration proven but source of sperm not established; Identification parade – not required where arrest at scene; Judicial questioning – questions based on expunged confession lack probative value.
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10 December 2020 |
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Respondent lacked locus standi; letter was not a valid power of attorney and evidence was hearsay.
Primary Courts – locus standi – representation – validity of power of attorney; Magistrates' Courts Act s.33(2) and Rule 21 – discretionary leave for representation; Evidence – hearsay admissibility where principal not called.
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10 December 2020 |
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Court: mortgage valid and guarantor liable, but bank’s sale was premature without written notice to borrower; guarantors share liability.
Land law – mortgage and sale of mortgaged land – statutory notice requirement under Land Act; Contract and suretyship – guarantor liability coextensive with principal debtor; Non est factum – must be pleaded and requires fundamental difference; Company/group v. office-bearers – officers signing for association not personally liable without separate agreement; Remedies – auction of third-party mortgaged property premature without notice to borrower.
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10 December 2020 |
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10 December 2020 |
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Specific damages determine pecuniary jurisdiction; Primary Court of Mwanza has territorial jurisdiction despite contract made elsewhere.
Civil procedure – Jurisdiction: pecuniary jurisdiction determined by specific damages pleaded; territorial jurisdiction determined by locus of operative facts. Commercial cases: plaintiff must register case as commercial in the plaint for Commercial Court jurisdiction to apply. Suit instituted in the lowest court of competent jurisdiction (Primary Court when value within its limit).
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10 December 2020 |
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Second appeal dismissed: appellate tribunal properly considered evidence, and respondent owns land by allocation/adverse possession.
Land law – ownership dispute – village authority allocation of land – evidentiary weight of village secretary testimony. Adverse possession – requirements and 12-year statutory period. First appellate review – duty to re-evaluate evidence. Assessors – mandatory requirement under s.24 LDCA to give reasons for differing with assessors’ opinion. Concurrent findings of fact – principle against disturbance on second appeal absent miscarriage of justice.
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10 December 2020 |
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A DPP certificate under s.19 NSA bars police from granting bail but does not prevent courts from admitting accused to bail.
National Security Act s.19 — DPP certificate objecting bail — statutory interpretation; scope limited to police officers and does not bar courts from granting bail — constitutional presumption of innocence; bail granted with conditions.
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10 December 2020 |
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Appellant's conviction for stealing by agent upheld on credible eyewitness evidence and an admissible caution statement.
Criminal law – Stealing by agent (s.273(b) Penal Code) – sufficiency of eyewitness oral evidence; admissibility and reliance on caution statement tendered without objection; failure to produce physical exhibit not fatal where direct evidence proves the fact; appellate review of credibility findings.
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10 December 2020 |