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Citation
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Judgment date
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| February 2021 |
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Court appointed applicant as temporary receiver of estate under section 10, with limited powers and a three-month term.
Probate law – Appointment of receiver pending grant (section 10, Probate Rules r.24) – compliance with affidavit requirements – risk of waste/intermeddling – limited access to bank accounts for upkeep and school fees – prohibition on sale – three‑month interim appointment.
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28 February 2021 |
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26 February 2021 |
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26 February 2021 |
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A divorce petition filed without a valid Marriage Conciliation Board certificate is premature; trial proceedings were nullified and the decision quashed.
Family law – Law of Marriage Act, s.101 – requirement of a valid Marriage Conciliation Board certificate before instituting divorce proceedings – jurisdictional prerequisite. Procedure – premature institution of matrimonial cause – consequences: striking out and nullity of subsequent proceedings. Civil procedure – timing and proper raising of preliminary objections to competency of appeals.
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26 February 2021 |
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26 February 2021 |
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Applicant granted extension of time to appeal after court excluded delay while awaiting certified copies under section 19 Limitation Act.
Civil procedure – extension of time to appeal; computation of limitation period – section 19 Law of Limitation Act (exclusion of period between request for and supply of certified copies) – admission by respondent in counter‑affidavit and estoppel – reliance on Benedict Mumello v Bank of Tanzania.
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26 February 2021 |
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The appellant's rape conviction was quashed for lack of corroboration and absence of recorded reasons for accepting the victim's testimony.
Criminal law – Rape – Credibility of victim’s testimony and requirement for courts to record reasons for acceptance – Corroboration – PF3/medical report admissibility and reliability – Delayed reporting and arrest – Pregnancy not conclusive proof of rape or paternity.
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26 February 2021 |
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26 February 2021 |
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Revision dismissed: termination for incapacity was fair; employer followed medical and procedural requirements, compensation paid.
Labour law – Termination for incapacity (ill‑health) – Compliance with Rule 19 and Rule 21 (GN No.42/2007); medical review board and specialist opinion; duty to investigate, consult, accommodate and consider alternative employment; compensation under Workers Compensation Act; review of arbitration award.
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26 February 2021 |
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Leave granted to seek judicial review of alleged wrongful termination and denial of right to be heard.
Judicial review — leave stage — arguable case requirement; administrative fairness — right to be heard; wrongful termination — decision based on uncharged accusation; procedural rule — filing time under Rule 8(1)(b).
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26 February 2021 |
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An applicant’s allegation of illegality in a tribunal decision can justify extension of time to file an appeal.
Civil procedure – extension of time – claim of illegality as sufficient cause to enlarge time to appeal. Land Disputes Courts Act (ss.23,24) – role of assessors – whether a tribunal ruling/judgment requires assessors’ opinions. Requirement to account for each day of delay when illegality is alleged.
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26 February 2021 |
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Applicant granted extension to file appeal due to technical delay in obtaining a rectified decree and demonstrated diligence.
Civil procedure — Extension of time — Applicant must account for delay, show diligence and non-inordinate delay (Lyamuya criteria). Decrees and records — Technical defects in a decree and delay in obtaining rectified record can constitute excusable/technical delay. Extension of time — Technical delay and prompt steps to procure corrected documents justify enlargement of time.
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26 February 2021 |
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Rape conviction quashed where penetration and victim's age were not proved beyond reasonable doubt.
Criminal law – Rape – Proof of penetration; Proof of age in statutory rape – requirement for documentary or satisfactory evidence; Confessional statements – need for corroboration of essential elements; Treatment of inconsistent testimonies and possible consensual cohabitation.
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26 February 2021 |
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26 February 2021 |
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26 February 2021 |
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26 February 2021 |
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26 February 2021 |
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Applicant granted extension to file setting-aside application after being served with execution notice and showing good cause.
Extension of time – Law of Limitation Act section 14(1) – "Good cause" assessed by Lyamuya factors – Lack of notice/execution as cause – Substituted service – Irregularity raised in submissions is not evidence and cannot establish good cause.
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26 February 2021 |
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26 February 2021 |
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Appeal allowed: proceedings quashed because claimant sued personally lacked proven administrator capacity over estate land.
Land law – locus standi to sue for estate property; requirement to plead and prove capacity (administrator) and to admit letters of administration; Ward Tribunal composition and membership; territorial and pecuniary jurisdiction; effect of secretary participating in tribunal proceedings.
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26 February 2021 |
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Failure to record or read tribunal assessors’ opinions is an apparent illegality warranting extension of time to appeal.
Civil procedure – extension of time – illegality as sufficient cause – Lyamuya criteria – illegality must be apparent on face of record, of sufficient importance and not involve long argument. Land Disputes – District Land and Housing Tribunal – assessors’ participation – requirement to file/read assessors’ opinions in proceedings and judgment – omission vitiates proceedings.
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26 February 2021 |
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A non-party to Ward Tribunal proceedings has no locus to appeal; appeals in a different name are incompetent.
Land law – Appeal from Ward Tribunal – interpretation of "person" in section 19 of the Land Disputes Courts Act – only parties to Ward Tribunal proceedings have right of appeal. Locus standi – non-party cannot institute appeal; identity/name discrepancy does not validate appeal absent proof of same identity. Procedure – appropriate remedy for non-party is revision (s36); High Court revisional powers (s41(1)) to nullify and quash incompetent appellate proceedings. Execution – entitlement to execute Ward Tribunal decision when appellate proceedings are nullified, unless reversed by competent court.
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26 February 2021 |
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Circumstantial and telecom-tracking evidence insufficient; procedural defect in charge sheet; conviction quashed.
Criminal law – circumstantial evidence – whether circumstantial proof excluded all other reasonable hypotheses. Evidence – identification of property – need for special/distinguishing marks for reliable identification. Evidence – electronic/tracking evidence – necessity of testimonial or authenticated reports from telecom/cyber officers. Procedure – private prosecution – charge sheet must be properly signed by complainant, not by police.
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26 February 2021 |
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Application to reopen a closed administration dismissed as functus officio and time‑barred.
Probate and administration – Review of Administrator‑General’s discharge and final accounts – functus officio of court after valid discharge and closure of probate; limitation of actions where statute is silent (60 days) and effect of fraud‑discovery (section 26); competency of combined reliefs under same statutory provision.
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26 February 2021 |
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Applicant failed to show sufficient cause for extension of time after digital notification; application dismissed.
Civil procedure – Extension of time – sufficiency of grounds; service/notification via digital platforms during COVID‑19; sanctity of court records; delay and abandonment.
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26 February 2021 |
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Applicants must account for each day of delay and act expeditiously to obtain extension of time to appeal.
Civil procedure – Extension of time – Discretionary relief requires sufficient cause and expeditious action; applicant must account for each day of delay; alleged clerical errors in judgment/decree require evidence of rectification timing to justify delay.
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26 February 2021 |
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Whether land allocated in one spouse’s name during marriage is matrimonial property entitled to a spouse’s share.
Land law – matrimonial property – whether land allocated/recorded in one spouse’s name during marriage is matrimonial property; rebuttal of s.60(1) Law of Marriage Act presumption; validity of sale without spouse’s involvement; remedy by awarding spouse a monetary/share entitlement.
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26 February 2021 |
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An appeal is incompetent if the decree accompanying the memorandum is inconsistent with the trial court’s judgment.
Civil procedure – Appeal competency – Requirement that memorandum of appeal be accompanied by a decree that agrees with the judgment; decree inconsistent with judgment renders appeal incompetent; decree must specify relief granted.
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26 February 2021 |
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Manslaughter sentence reduced for guilty plea, remorse, first-offender status, and credit for time spent on remand.
Criminal law – Manslaughter; sentencing – mitigation versus aggravation; guilty plea and first-offender leniency; self-defence and excessive force; credit for time on remand.
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26 February 2021 |
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26 February 2021 |
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26 February 2021 |
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26 February 2021 |
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Convictions quashed where prosecution evidence contained material contradictions and the victim's age was not conclusively proved.
Sexual offences — evaluation of evidence and credibility — contradictions in prosecution testimony; proof of victim's age — requirement to produce birth certificate where available; retrial — prosecution's duty to strengthen case after nullified proceedings.
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26 February 2021 |
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Conviction quashed because the guilty plea was equivocal and trial procedure was defective; appellant ordered released.
Criminal procedure – plea of guilty – unequivocal versus equivocal plea; Duty of magistrate when taking plea – explain essential ingredients and record accused's words and response; Appeal against conviction after guilty plea – limited but permitted where plea equivocal or charge defective; Evidential deficiencies – missing caution statement, inconsistent particulars (dates/times), unnamed arresting witnesses; Remedy – nullification of proceedings, quash conviction, set aside sentence and release.
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26 February 2021 |
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26 February 2021 |
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Conviction quashed where prosecution failed to prove rape beyond reasonable doubt due to weak, uncorroborated and unlinked evidence.
Criminal law – Rape/statutory rape – sufficiency of evidence – unsworn child testimony and corroboration – medical report showing absence of hymen but no link to accused – delay in reporting and possibility of fabrication – trial court’s duty to evaluate defence/motive.
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26 February 2021 |
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Applicants failed to prove forgery or lack of spousal consent; mortgages and sale after default were lawful.
Mortgage and land law – validity of mortgage and sale after borrower default – spousal consent and disclosure duties under the Land Act and Mortgage Financing (Special Provisions) Act – evidence of forgery and standard of proof in civil proceedings – effect of unregistered spousal interest and late caveat.
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26 February 2021 |
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26 February 2021 |
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26 February 2021 |
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Absence of cross-appeal justified confirmation of the lower court’s custody order to protect the children’s interests.
Child custody – necessity of social inquiry and independent views of the child under s.39(2)(d) Child Act and Rule 72 Law of the Child – when such inquiry may be dispensed with. Procedural finality – absence of cross-appeal as a relevant factor under s.39(2)(g) Child Act to confirm lower court custody order. Maintenance obligation – respondent to continue maintenance as per District Court order.
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26 February 2021 |
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Plaintiff failed to prove causation or quantum for alleged electrical damage; claim dismissed with no order as to costs.
Electricity supply liability – alleged equipment damage from power fault – requirement to prove causation and quantum of loss Burden of proof – he who alleges must prove; evidence must be consistent and supported Documentary proof – proforma invoices and unproved demand notices insufficient to establish loss Technical proof – need for independent expert evidence/delivery notes when alleging electrical causation and destruction
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26 February 2021 |
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26 February 2021 |
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Extension denied where applicant failed to account for delay and alleged illegality lacked demonstrated prejudice.
Civil procedure – extension of time – applicant must account for all delay (Lyamuya principles); delay must be explained and not inordinate; possession of judgment not prerequisite to filing notice of appeal; alleged illegality (Ward Tribunal secretary signing) must show prejudice to constitute sufficient cause.
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26 February 2021 |
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26 February 2021 |
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An application for stay of execution under Order XXXIX Rule 5 must be supported by a pending appeal; absent one it is an abuse of process.
Civil procedure – Stay of execution – Order XXXIX Rule 5 – Requirement of pending appeal – Abuse of process – Limits of overriding objective and inherent powers.
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25 February 2021 |
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Leave to appeal granted because issues on proving contract terms by oral evidence raise points of general importance.
Land appeal — leave to appeal — whether contractual terms may be proved by oral evidence — non-joinder of necessary party — privity of contract on death — cure under s.45 Land Disputes Courts Act and overriding objectives.
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25 February 2021 |
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Caution statement recorded after unlawful delay is inadmissible; conviction upheld on reliable eyewitness evidence.
Criminal law – shop breaking – proof beyond reasonable doubt – arrest by witnesses who apprehended suspect at scene; Admissibility of caution statement – section 50(1)(a) CPA four-hour rule – delay renders statement inadmissible and expunged; Appeal court’s re-evaluation of credibility and evidence.
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25 February 2021 |
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Affidavit containing substantive argumentative paragraphs renders application incompetent and justifies striking it out without costs.
Civil procedure — affidavit defects — argumentative averments, legal conclusions and prayers in affidavit — substantive defects — expunction vs. striking out; preliminary objection disposing of matter.
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25 February 2021 |
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High Court granted extension of time where delay was technical and the lay appellant had taken reasonable steps to pursue his appeal.
Extension of time to appeal; sufficient cause; technical versus actual delay; lay litigant; right of appeal as constitutional; Primary Court proceedings not mandatory attachment.
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25 February 2021 |
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Alleged illegality of the CMA award justified granting the applicant extension of time to file revision.
Labour law – extension of time to file revision – discretion to grant extension exercised judicially – factors: length and reason for delay, illegality of the impugned decision, prejudice to respondent; jurisdiction of CMA; proper remedy where internal appeals exhausted may include judicial review under Public Servants Regulations.
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25 February 2021 |