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Citation
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Judgment date
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| April 2021 |
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The applicant's extension of time was dismissed for failing to account for each day of a 30-day delay.
Labour procedure – Extension of time – Rule 56(1) Labour Court Rules – Applicant must show good cause – Each day of delay must be accounted for – Failure to explain 30-day delay warrants dismissal.
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30 April 2021 |
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Court granted extension of time to appeal, finding no pleaded illegality but reasonable diligence and non-inordinate delay.
Extension of time – application under s.11(1) AJA – factors in Lyamuya applied: account for delay, inordinate delay, diligence – illegality must be a point of law of sufficient importance on the face of the record – discretion to grant extension and fix time-limits.
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30 April 2021 |
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Application for stay of execution struck out for wrong legal basis; overriding objective cannot cure jurisdictional defect.
Land law – stay of execution – wrong citation of enabling provisions renders application incompetent – overriding objective cannot cure mandatory procedural defects – Order XXXIX r.5 CPC applies only where an appeal lies against the decree being executed.
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30 April 2021 |
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A party with an available right of appeal must appeal; revision is exceptional and not a substitute for appeal.
Civil procedure — Revision vs appeal — Revisional jurisdiction is extraordinary and not a substitute for an appeal where a right of appeal exists. Conditions for invoking revision — exceptional circumstances; appellate process blocked; no right of appeal; non-party to proceedings. Land Disputes — compliance with s.43 Land Disputes Courts Act and procedural competence.
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30 April 2021 |
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Application for Court of Appeal access dismissed; certification required for primary court matters and no novel evidential issue shown.
Appellate procedure – where proceedings originate in a primary court a certification on point of law under s.5(2)(c) AJA is required, not leave under s.5(1)(c). Evidence – Evidence Act not directly applicable to primary courts; admissibility in primary courts governed by Magistrates' Courts (Rules of Evidence in Primary Courts) Regulations, but both require primary/original evidence. Certification – a point must be novel, of legal significance, involve jurisdiction, or show misinterpretation to warrant certification to the Court of Appeal.
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30 April 2021 |
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Leave granted to seek certiorari and mandamus over arguable denial of natural justice in academic disciplinary discontinuation.
Judicial review – leave to apply for prerogative orders – requirements and six‑month rule (G.N. No. 324/2014). Administrative law – disciplinary decisions of academic bodies – amenability to judicial review and finality of institutional decisions. Natural justice – right to be informed of charges, adequate notice, opportunity to prepare and be heard. Procedure – preliminary objections must raise pure points of law (Mukisa principle); unsubstantiated objections may be overruled.
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30 April 2021 |
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Spouse consent signed by the borrower is invalid; mortgage on matrimonial home void and trial judgment quashed.
Land law – mortgage of matrimonial home – statutory spouse consent (Land Act s.114(1)(a); Law of Marriage Act s.59) required from the non‑borrowing spouse. Validity of mortgage – third‑party mortgage formalities, registration and stamping. Evidentiary issues – authenticity of signatures and adequacy of documentary proof for loan transfer. Appellate review – re‑evaluation of evidence where trial judgment omitted crucial determinations.
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30 April 2021 |
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Appellate court quashed judgment for failure to admit pleaded documents and ordered additional evidence and fresh judgment.
Land disputes — Admission of documentary evidence annexed to pleadings — Appellate power to order additional evidence (s.42 Land Disputes Courts Act) — Revisional powers to quash judgment for procedural lacuna (s.43(1)(b)) — Importance of admitting pleaded documents for determination of ownership and acreage.
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30 April 2021 |
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Failure to observe Ward Tribunal quorum, unread assessors' opinions, and absent representative locus vitiated tribunal proceedings.
Ward Tribunals – composition and quorum – requirement to record names of presiding members and sit with statutory minimum (not less than four) – failure vitiates proceedings. Locus standi – claims based on rights of deceased persons must be pursued by administrators of the estate; suing in personal capacity without proof of administration is defective. Appellate procedure – assessors' opinions must be read to parties before judgment; failure is fatal irregularity. Remedy – where tribunal proceedings are incurably defective, proceedings and decisions may be quashed and parties restored, with liberty to institute fresh proceedings.
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30 April 2021 |
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Applicants charged with drug trafficking were granted bail because seized quantities fell below statutory weight thresholds.
Criminal procedure – Bail – Drug Control and Enforcement Act s29 – statutory weight thresholds for bailability (manufactured drugs 20g; prohibited plants 20kg) – quantities below thresholds are bailable; bail granted with property security, sureties, reporting and travel restrictions.
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30 April 2021 |
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Leave granted for appeal on contested administrator locus and rapid land transfer issues requiring Court of Appeal review.
Land law — leave to appeal under s.47(2) Courts (Land Disputes) Act; Locus standi — administrator of deceased estate without letters of administration; Characterisation — land dispute vs estate administration; Validity of rapid post-death land transfers; Leave standard — reasonable prospects or disturbing features warranting Court of Appeal guidance.
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30 April 2021 |
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Tribunal misdirected by dismissing application on wrong affidavit; proceedings quashed and remitted for proper hearing.
Civil procedure – Affidavits and counter-affidavits – Preliminary objection challenging counter-affidavit – Tribunal's duty to determine the issue raised – Miscarriage of justice where tribunal decides on wrong affidavit – Quashing and remittal appropriate remedy.
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30 April 2021 |
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Court dismissed joinder application as an attempt to delay probate revocation proceedings, finding applicants lacked compelling interest.
Civil procedure – Joinder of parties in probate-related proceedings – Probate Act silent on joinder; Section 95 CPC may ground joinder applications – Requirements for demonstrating sufficient interest and compelling grounds – Court’s discretion to refuse joinder where application appears dilatory.
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30 April 2021 |
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Court granted bail to applicants charged with economic offences, imposing statutory cash deposits, bonds, sureties and movement and attendance conditions.
Criminal procedure – Bail – Economic and Organized Crimes Control Act s.36(4)-(5) – statutory bars to bail and deposit requirement where alleged property value exceeds ten million shillings – sharing of deposit burden between co-accused – discretion to grant bail and impose conditions.
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30 April 2021 |
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Appeal allowed: conviction quashed due to defective identification and prosecution’s failure to call material witnesses.
Criminal law – Rape of a child – Identification evidence by child victim; need to examine circumstances of identification closely. Evidence – Non-calling of material witnesses; adverse inference may be drawn where prosecution fails to call necessary witnesses without explanation. Child sexual offences – Need for caution, corroboration and adherence to procedural safeguards where identification and accounts are inconsistent.
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30 April 2021 |
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Seven years’ constructive desertion found to irreparably break the marriage; appellant awarded 8% of matrimonial assets and costs.
Matrimonial law – constructive desertion – seven years’ involuntary separation as ground for divorce; Evidence – provision of food for children does not alone negate constructive desertion; Procedure – absence of conciliation certificate immaterial where constructive desertion established; Division of matrimonial property – polygamy cannot be used to defeat a spouse’s share; court awarded 8% to the appellant.
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30 April 2021 |
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High Court may grant judicial review over alleged administrative illegality in tax matters; extension of time granted.
Judicial review – High Court jurisdiction – scope where administrative illegality or misuse of power is alleged despite tax elements. Tax law – interaction between Tax Revenue Appeals regime and judicial review – jurisdictional limits and exceptions. Civil procedure – extension of time – sufficient cause, delay caused by respondents' inaction and alleged illegality. Abuse of process – concurrent notice of appeal to Tax Revenue Appeal Board not fatal where extension application filed first.
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30 April 2021 |
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Court set aside a striking‑out order as a nullity and ordered rectification of a decree to accord with the judgment.
Civil procedure – inconsistent judgment, order and decree – decree must agree with judgment and bear judgment date (Order XX Rules 6–7 CPC); inherent jurisdiction (s.95 CPC) limited where specific Code remedies exist; review for mistake apparent (Order XLII r.1(b)); overriding objective (ss.3A–3B CPC) to prevent procedural irregularity defeating justice.
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30 April 2021 |
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Applicant failed to account for each day of delay; extension of time to appeal dismissed with costs.
Land law – extension of time to appeal – requirement to account for each day of delay – late supply of copy of judgment – proof of request for judgment copy – Bushiri principle.
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30 April 2021 |
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Prisoner’s notice handed to prison officers deemed received by court; extension of time to file appeal documents granted.
Criminal procedure – extension of time – prisoner’s notice of appeal handed to prison officers but lost – delays by prison authorities not attributable to prisoner. Civil procedure – deemed receipt – notice lodged with prison authorities deemed received by Deputy Registrar. Appeals – timelines – court prescribing 10 working days for notice and 45 days for memorandum after grant of extension.
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30 April 2021 |
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Application to set aside ex parte judgment dismissed for failure to rebut proof of service and process-server affidavit.
Service of process – proof of service – process server's affidavit – substituted service by publication – Order V r16 CPC – setting aside ex parte judgment – Order XXXIX r21 and Section 95 CPC – impeachment of court record requires proof of falsification or fraud.
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30 April 2021 |
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Applicant failed to prove tenancy; landlord was proper defendant; appeal dismissed with costs.
Land law — tenancy disputes — burden of proof on claimant to prove tenancy on balance of probabilities; joinder of proper party (landlord) essential; appellate re-evaluation of evidence.
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30 April 2021 |
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Applicant proved ownership of some surveyed plots by compensation, but title issuance and trespass claims failed for unproven plots.
Land law — allocation of surveyed plots — ownership depends on compliance with survey, inspection and payment of compensation — administrative title issuance requires applicant’s compliance; burden of proof in trespass claims — plaintiff must prove ownership and link specific occupiers to specific plots; squatter regularization (upimaji shirikishi) may create new plot identities.
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30 April 2021 |
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Court expunged defective statements; convicted first accused on reliable cautioned confession and acquitted second for insufficient linkage.
Criminal law – murder – proof of death and malice aforethought; Evidence – admissibility of extra-judicial statements – compliance with Chief Justice's Guide; Evidence – timing of cautioned statements – four-hour rule under section 50(1) CPA; Evidence – weight of retracted/repudiated confession and need (or not) for corroboration; Remedy – expungement of defective statements; Sentence – capital punishment on conviction for murder.
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30 April 2021 |
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30 April 2021 |
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Eyewitness recognition and injuries established malice aforethought; accused convicted of murder and sentenced to death.
Criminal law – Murder – Visual identification/recognition evidence – Caution in reliance on eyewitness recognition – Minor contradictions not fatal to prosecution – Malice aforethought established by weapon, injuries and escape.
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30 April 2021 |
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An appellate court must afford parties an opportunity to address suo motu competence issues; failure violates the right to be heard.
Civil procedure – appealability of interlocutory orders – appellate court raising competence suo motu – duty to afford parties opportunity to be heard. Natural justice – right to be heard – failure to hear parties renders decision susceptible to nullification. Remittal – records returned for parties to address competence and for appellate court to compose judgment.
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30 April 2021 |
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30 April 2021 |
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Restoration of revision dismissed: applicant failed to prove sufficient cause for non-appearance.
Civil procedure — Restoration of proceedings dismissed for want of prosecution; applicant must prove "sufficient cause" akin to Order XXXIX r.19 CPC; evidence required in affidavit; oral submissions not evidence; hearsay inadmissible (unnamed advocate's accident).
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30 April 2021 |
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30 April 2021 |
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30 April 2021 |
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Extension of time to appeal granted due to substantial points of illegality in the tribunal judgment despite unexplained delay.
Land law — application for extension of time to appeal — sufficiency of cause and effect of points of illegality; procedural irregularities in tribunal proceedings (name discrepancies, locus/administrator issues, unclear dispensation of appearance); extension granted despite unexplained delay.
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29 April 2021 |
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Leave to appeal refused where revision properly corrected interlocutory discovery granted in breach of the scheduling order.
Civil procedure – Revision v appeal – use of revision to correct procedural irregularities arising from interlocutory orders. Civil procedure – Interlocutory orders – when interlocutory decisions can be subject to revision. Civil procedure – Pleadings and discovery – Order VIII A Rule 4; reopening pleadings after they are recorded; principle in Nazir Kamru v MIC Tanzania Ltd. Appellate procedure – Leave to appeal under s.5(1)(c) AJA – prematurity where impugned order does not finally determine the suit.
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29 April 2021 |
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29 April 2021 |
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29 April 2021 |
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Leave to appeal refused for failure to explain delay and show illegality warranting appellate review.
Leave to appeal — extension of time — duty to account for each day of delay (Lyamuya test) — necessity to show point of illegality — points of general importance for Court of Appeal — dismissal without costs.
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29 April 2021 |
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CMA’s ex parte award set aside where ambiguous orders, unreliable attendance record and COVID‑19 quarantine justified adjournment.
• Labour law – setting aside ex parte award – adequate cause to vacate ex parte award • Procedural fairness – clarity of orders and reliability of attendance record • Adjournment requests during COVID‑19 – quarantine as reasonable ground for adjournment • Requirement for inter‑partes hearing where applicant demonstrates sufficient cause
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29 April 2021 |
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Applicant’s unexplained, inordinate delay and absence of apparent illegality warranted dismissal of the extension of time application.
Civil procedure – extension of time – Lyamuya guidelines – accounting for delay, diligence, and inordinate delay. Extension of time – afterthoughts and execution as trigger for belated action. Illegality as ground for extension – must be apparent on the face of the record. Locus standi – allegation not examinable where impugned judgment and proceedings are not produced.
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29 April 2021 |
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Notice of intention to appeal filed after the statutory ten days renders the appeal incompetent and it is struck out.
Criminal procedure — Notice of intention to appeal — Section 361(1)(a) Criminal Procedure Act — ten-day limit mandatory — late filing renders appeal incompetent — application for extension of time required.
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29 April 2021 |
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Conviction quashed where material contradictions, omitted material witnesses and delayed reporting undermined proof beyond reasonable doubt.
Criminal law – proof beyond reasonable doubt – material inconsistencies in witness statements may create reasonable doubt; adverse inference where prosecution omits material witnesses; delayed reporting by victim undermines credibility.
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29 April 2021 |
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Victim and eyewitness testimony, supported by medical evidence, upheld statutory rape conviction despite minor discrepancies.
Criminal law – sexual offences – statutory rape of a minor; victim’s testimony may suffice where corroborated; proof of penetration need not be graphic given age/cultural context; minor discrepancies in time or reporting do not necessarily vitiate prosecution case; credibility assessment rests with trial court.
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29 April 2021 |
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Admission of an unserved affidavit and denial of recall breached fair hearing, vitiating the tribunal’s ownership judgment and requiring retrial.
Land law – ownership dispute; Probate and administration – administrator’s role v. ownership; Evidence – admissibility of documents at District Land and Housing Tribunal; Regulation 10(3)(a) GN No.174/2003 – requirement to serve documents before admission; Right to recall and cross-examine witnesses; Procedural irregularity vitiating proceedings; Retrial ordered.
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29 April 2021 |
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Failure to obtain and read assessors' written opinions vitiated the tribunal's proceedings, so the matter is ordered retried.
Land Disputes Courts Act s.23; Regulation 19(2) GN.174/2003 — assessors’ participation — requirement to give written opinions and read them to parties — omission vitiates proceedings; change of chairperson without reasons; retrial ordered.
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29 April 2021 |
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Pecuniary jurisdiction depends on the principal claim; judgment on admission stands absent proof of fraud; repayment restructured.
Land law – pecuniary jurisdiction of DLHT – determined by principal sum claimed not market value of collateral. Civil procedure – judgment on admission – admissibility and finality absent proof of fraud or falsification. Contract enforcement – transfer of bank obligation and collateral enforceable between parties where one pays creditor. Execution/remedy – court may restructure repayment ordering instalments.
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29 April 2021 |
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General damages for a child's death upheld despite limited proof; interest quashed and costs awarded to respondent.
General damages for wrongful death; sufficiency of proof after traffic conviction; review of quantum of damages; propriety of pre‑ and post‑judgment interest; award of costs.
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29 April 2021 |
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Failure to formally frame issues did not vitiate the proceedings; plaintiffs failed to prove existence of an oral contract.
Civil procedure – omission to frame issues – whether omission vitiates judgment when relevant issues are otherwise evident in the judgment. Contract law – proof of existence of an oral contract – reliance on delivery notes and invoices. Evidence – probative value of delivery notes, invoices and dishonoured cheques; applicability of Law of Evidence Act (ss.100–101) to oral contract claims.
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29 April 2021 |
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An arguable illegality in the proceedings can justify extension of time despite delay and imperfect accounting.
Extension of time — sufficiency of cause; delay in supply of certified copies by tribunal; requirement to account for each day of delay (Lyamuya); illegality in proceedings (execution order purportedly from a miscellaneous application) as sufficient ground for extension.
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29 April 2021 |
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A ward tribunal's lack of pecuniary jurisdiction renders subsequent proceedings a nullity and the district court's orders are quashed.
Ward Tribunals Act s.20(3) – limits on appeals from ward tribunals; where appeals are barred revision is competent. Jurisdiction – pecuniary jurisdiction of ward tribunal to award damages; lack of jurisdiction renders proceedings a nullity. Civil procedure – failure of lower courts to address jurisdictional defects warrants quashing of their decisions on revision.
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29 April 2021 |
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Malice must be proved for malicious prosecution; acting on police advice and conciliation efforts negate malice.
Malicious prosecution — elements to be proved cumulatively; malice — requires wrongful intent and must be proved on balance of probabilities; acting on police advice and seeking conciliatory remedies negates malice; failure to appeal is not per se evidence of malice; relevance of s.7 Criminal Procedure Act (provision of information to police).
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29 April 2021 |
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The applicant’s procedural challenge fails where the respondent was heard on the merits; appeal not proper substitute for revision.
Civil procedure – Ex parte order – Whether Tribunal may proceed inter partes without formal setting aside of ex parte order – implied vacation by subsequent order. Appeal vs revision – appropriateness of remedy for procedural irregularity. Prejudice requirement – procedural irregularity will not nullify proceedings absent demonstrated prejudice.
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29 April 2021 |