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Citation
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Judgment date
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| July 2021 |
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High Court dismissed application to examine judgment debtor because a notice of appeal divested the court of jurisdiction.
Execution — Order XXI Rule 40 — Examination of judgment debtor/corporate officer to discover assets; Civil Procedure Code s.68(e) — interlocutory orders — limits where appeal pending; Jurisdiction — effect of notice of appeal on High Court’s jurisdiction; Functus officio — applicability when no prior examination order made.
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30 July 2021 |
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30 July 2021 |
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Conviction for obtaining money by false pretences quashed where prosecution failed to prove intent to defraud beyond reasonable doubt.
Criminal law – obtaining money by false pretences – essential requirement of proof of false representation and intent to defraud; Evidence – unstamped documents admissible in criminal proceedings under Stamp Duty Act s47(1)(d); Procedure – recalling witnesses discretionary under section 214 Criminal Procedure Act; Appeal – conviction unsafe where intent not proved beyond reasonable doubt.
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30 July 2021 |
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Applicant failed to show good cause for delay; CMA rightly dismissed condonation and the revision is dismissed.
Labour law – condonation/extension of time – "good cause" standard – applicant must account for delay; Lyamuya factors applicable in labour matters; custody excuses must be specifically accounted for.
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30 July 2021 |
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Three-hour illness-related absence did not justify termination; court ordered reinstatement for unfair substantive and procedural dismissal.
Labour law – unfair dismissal – substantive and procedural fairness – absenteeism due to illness. Employment and Labour Relations Act (ELRA) and GN.42/2007 – guidelines on misconduct, warnings and appropriate sanctions. Evidence – medical records confirming sickness; lack of proven written warnings. Remedy – reinstatement under section 40(1)(a) where dismissal is substantively and procedurally unfair.
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30 July 2021 |
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High Court restored administrator and ordered completion of estate distribution, finding District Court wrongly revoked appointment.
Probate/estate administration – revocation of administrator – whether incomplete distribution and unsigned inventory justify revocation; appellate intervention against disruptive substitute orders. Civil procedure – appellate review of lower court orders – quashing excessive or chaotic remedies where targeted directions to complete duties suffice. Distribution of estate – requirement to physically hand over shares and lodge complete inventory with court.
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30 July 2021 |
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High Court lacks jurisdiction to grant bail before committal; District Court is competent for bailable offences.
Criminal procedure – Bail pending trial – Jurisdiction of High Court at committal stage – Subordinate court’s power under section 148(1) CPA to admit accused to bail for bailable offences triable by High Court – Application struck out as incompetent.
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30 July 2021 |
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Extension of time refused where defective notice of intention to appeal amounted to no notice and reasons were insufficient.
Criminal procedure – Extension of time – Notice of intention to appeal – Competence and proper title of notice – A wrongly titled notice treated as no notice. Procedural law – Overriding Objective – Not applicable to mandatory jurisdictional or foundational requirements. Extension of time – Requirements: account for all delay, non-inordinate delay, diligence, and compelling point of law. Precedents – DPP v. Sendi Wambura; Farijala Shaban Hussein – prescribed format for notice to High Court from subordinate courts.
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30 July 2021 |
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Failure to explain defence rights and to evaluate defence vitiated conviction; retrial ordered.
Criminal procedure – arraignment – charge read and plea entered in accordance with s228–229 – arraignment valid. Criminal procedure – evaluation of evidence – trial court must analyze and evaluate defence evidence; mere summary insufficient. Criminal procedure – right to defence – obligation to explain s231(1)(a),(b) rights at close of prosecution where a case is made. Evidence – PF3 (medical report) not read in court – susceptible to expungement. Remedy – fundamental procedural irregularities warrant retrial; conviction quashed and sentence set aside.
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30 July 2021 |
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Application to inspect committal record dismissed as charges were terminated and no irregularity was found.
Criminal procedure – inspection of committal court record; committal court jurisdiction and advisory role; preliminary objection; nolle prosequi – application overtaken by events.
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30 July 2021 |
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Court allowed appeal, set aside tribunal decision and declared the appellant lawful owner based on possession and evidentiary shortcomings.
Land law – boundary/possession dispute; evidence of long possession and locus in quo inspection; effect of demarcation and parties' admissions on ownership determination; setting aside erroneous tribunal award.
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30 July 2021 |
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Improper tendering of exhibits by the prosecutor led to expungement and quashing of the appellant's conviction.
Criminal law – Evidence – Tendering of exhibits – Prosecutor cannot act as both prosecutor and witness when tendering exhibits. Criminal law – Evidence – Expunction of improperly tendered exhibits – effect on chain of evidence and proof beyond reasonable doubt. Procedure – Appeal – When fundamental exhibits are expunged, conviction may be quashed for failure to prove case.
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30 July 2021 |
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A land recovery claim is time-barred if instituted more than 12 years from actual encroachment, not from later discovery.
Land law – Limitation: item No.6 Customary Law (Limitation Proceedings) GN 311/1964 – 12-year limitation for recovery of land – cause of action accrues at actual encroachment, not on later discovery – time-barred claims – quashing of lower tribunals' proceedings.
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30 July 2021 |
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Applicant charged with economic offences granted bail subject to substantial monetary security, sureties, surrender of travel documents and reporting.
Economic and Organised Crimes Act (Cap 200) – Bail under ss.29(4)(d), 36(1), (5) and (6). Charges: forgery, stealing by servant, occasioning loss to specified authority. Bail is discretionary though offences are bailable; respondent’s non‑opposition considered. Principle of sharing where multiple accused; substantial monetary/security conditions appropriate. Surety, bond and passport surrender requirements; verification by Resident Magistrate.
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30 July 2021 |
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Appeal dismissed: maintenance order upheld and custody awarded to respondent based on child’s best interests and evidence of care.
Child law – maintenance – consideration of income and social inquiry reports when fixing maintenance; burden on person asserting facts within personal knowledge (Evidence Act ss.112,115). Child law – custody – best interests principle (Law of the Child Act s.39) paramount; preference to primary caregiver shown by evidence. Family procedure – informal Social Welfare Office agreements not binding where court intervention is sought and one party rejects terms.
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30 July 2021 |
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Petition for letters of administration dismissed for failure to prove exhausted heirs, surety/security, reliable family minutes and deceased's identity.
Probate — Letters of administration — Qualification of petitioner — Exhaustion of nearer heirs before appointing siblings; compliance with Probate Rules on surety and administrator’s bond; adequacy of family meeting minutes and signatures; proof of identity (deed poll) where deceased used multiple names.
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30 July 2021 |
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Court granted joint letters of administration to family nominees, imposing inventory and accounting obligations.
Probate and administration – Grant of letters of administration – Appointment of interested family members nominated at family meeting – No objections filed. Limited letters of administration – Transition to full grant – Accounting for acts done under limited grant. Duties of administrators – Inventory within six months and accounts within one year; court may extend time. Costs of probate proceedings borne by petitioners.
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30 July 2021 |
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Victim’s credible testimony, medical corroboration and appellant’s admissions upheld statutory rape conviction despite expunged exhibits.
Criminal law – Rape – statutory rape where victim is a child – admissibility of PF3 and caution statement – requirement to read documentary exhibits in court – expunged improperly admitted documents – defective charge sheet curable under section 388(1) CPA – victim’s testimony and medical evidence as corroboration – appellant’s admissions as confirmatory evidence.
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30 July 2021 |
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Court granted 14-day extension to file notice of appeal due to prison transfer and no opposition by the respondent.
Criminal procedure — Extension of time to file notice of intention to appeal — Delay attributable to prison transfer — Absence of respondent's counter-affidavit and acquiescence by State Attorney — Extension granted for 14 days.
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30 July 2021 |
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Revision application dismissed as time-barred; a reply to a petition does not cure nonappearance to prevent ex parte judgment.
Limitation — Law of Limitation Act (Item 21, Part III) — sixty (60) days aggregate limitation for revision applications — time-bar. Civil procedure — revision versus appeal — revision not a substitute for appeal where a party failed to appear; reply to petition of appeal does not prevent ex parte judgment. Competency — preliminary objection on time bar and non-party's standing to seek revision.
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30 July 2021 |
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Applicant failed to account for delay and alleged illegality was not apparent on the record; extension of time refused.
Extension of time (s.11(1) AJA) – good cause and accounting for each day of delay; illegality as sufficient cause – must be apparent on the face of the record; settled law on inheritance rights of children born out of wedlock; res judicata and prior omnibus application.
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30 July 2021 |
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Application for reference dismissed for being filed outside court‑granted time without leave, under the Law of Limitation.
Limitation of actions – compliance with court‑granted time limits – filing outside the prescribed period without leave – mandatory nature of procedural time rules; Article 107A not a basis to ignore limitation; dismissal under s.3(1) Law of Limitation Act.
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30 July 2021 |
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Taxing officer’s blanket dismissal of a costs bill under the one‑sixth rule was quashed; court awarded assessed costs totaling Tshs. 1,599,000.
Advocates' Remuneration — Taxation of costs — Order 48 one-sixth rule — Taxing officer’s discretion — Exercise of discretion in special circumstances — Award of instruction fees, transport and disbursements.
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30 July 2021 |
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Appeal cannot be decided without original record; conviction quashed and discharge granted, retrial allowed with time served deducted.
Criminal law – Criminal appeal – Missing or destroyed trial records – Appeal cannot be determined on merits without original record – Record reconstruction – Appropriate remedies: quash conviction and sentence, discharge, but allow retrial de novo with time served deducted.
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30 July 2021 |
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Bail granted to applicant charged with possession of Government trophy, subject to half-value deposit, two sureties, and travel restrictions.
Criminal procedure – Bail – Applicant charged with unlawful possession of Government trophy under Wildlife Conservation Act and EOCCA – Bail granted where prosecution does not oppose. Bail conditions – cash deposit equal to half the value of alleged trophies or title deed with government valuer’s report; two sureties each executing bond; surrender of travel documents; restriction on travel outside jurisdiction. Enforcement – Resident Magistrate to ascertain compliance.
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30 July 2021 |
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The applicant's rape conviction was upheld as the victim's testimony and medical report proved penetration beyond reasonable doubt.
Criminal law — Rape — Element of penetration — Penetration however slight is sufficient and may be established by victim’s testimony and medical report (PF3). Evidence — Victim's direct testimony in sexual offences can ground conviction, especially where corroborated by medical evidence. Evidence — Weak or unpersuasive defence and failure to cross-examine material points may amount to admission. Burden of proof — Burden remains on the prosecution; conviction must be on strength of prosecution case, not weakness of defence.
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30 July 2021 |
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Appellants’ purchases exceeded approved budget and violated procurement rules, constituting abuse of office and occasioning loss; appeal dismissed.
Criminal law – Abuse of office (s.96 Penal Code) – elements: public employment; willful arbitrary act; prejudice to employer – Procurement and cooperative rules breach – Occasioning loss to specified authority (EOCCA) – appellate re-evaluation of evidence – Prosecutorial impartiality raised on appeal but not substantiated.
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30 July 2021 |
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Summary judgment granted where defendant, served by publication, failed to file defence; TSh 416,000,000 awarded with 7% interest.
Order XXXV summary procedure – service by publication – failure to file written statement of defence – allegations deemed admitted – summary judgment for unpaid loan; decretal interest and costs.
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30 July 2021 |
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30 July 2021 |
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30 July 2021 |
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Appellate court upheld tribunal’s land allocation decision and found no merit in failing to visit the locus in quo.
Land law – allocation of village/refugee land – whether a two‑acre plot formed part of a claimed fifteen‑acre holding; locus in quo – discretionary site visits by trial tribunals; appellate review – sufficiency of evidence and discretionary procedural steps.
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30 July 2021 |
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Applicant failed to account for delay or show illegality; extension of time refused and application dismissed with costs.
Civil procedure – Extension of time – Applicant must account for each day of delay; negligence generally not good cause. Civil procedure – Extension of time – Alleged illegality must appear on the face of the record and relevant decision should be produced. Civil procedure – Discretionary relief – Applicant must place sufficient materials before the court to enable exercise of discretion.
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30 July 2021 |
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Appeal allowed: true owner’s sale to the appellant conveyed title; earlier sale by a non-owner was void.
Land law – sale and transfer of land – vendor’s title – a person who is not the owner cannot pass good title; sale by owner to later purchaser valid; unproven agency and clan ownership allegations insufficient to defeat owner's sworn sale evidence.
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30 July 2021 |
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A bona fide purchaser who buys from an agent in apparent authority is protected; the principal must seek remedy against the agent.
Contract/Agency – authority of agent – contracts entered by an agent bind the principal (Law of Contract Act Cap 345). Property/Movables – bona fide purchaser for value – purchaser in good faith without knowledge of fraud is protected. Evidence – evaluation of contracts and conduct to determine apparent authority and good faith. Remedies – principal’s remedy against dishonest agent is claim for unpaid purchase money, not recovery from innocent purchaser.
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30 July 2021 |
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Second appeal dismissed: concurrent factual findings upheld; appellant failed to prove assault and did not produce key evidence.
Criminal procedure – second appeal – duty of appellate court to respect concurrent findings of fact; Time limitation – appeal lodged within statutory thirty days; Evidence – failure of complainant to produce PF3 and medical report and voluntary closure of case; Witness identity – permissible record-based linking of differently recorded names.
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30 July 2021 |
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Whether the applicant needed leave to re-file an appeal struck out; court held leave unnecessary absent fraud or mistake.
Civil procedure – extension of time – re-filing an appeal after it was struck out – leave not required unless withdrawal induced by fraud or mistake – advocate negligence not determinative.
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30 July 2021 |
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A person without letters of administration has no locus standi to sue on behalf of a deceased landowner; proceedings must be quashed.
Land law — locus standi — representation of deceased — letters of administration required; Procedure — Ward Tribunal jurisdiction — suits by non-administrators are incompetent; Appellate review — quash proceedings instituted by person lacking locus standi; Interpretation — section 18(1) Cap. 216 applies only where represented person is alive.
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30 July 2021 |
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Applicant must share proceeds of sold matrimonial asset; wage‑loss compensation excluded from s.114 division.
Family law – Division of matrimonial assets under section 114 Law of Marriage Act; entitlement to proceeds from sale of matrimonial asset disposed without consent; loan repayment burden of proof; compensation for personal loss (wage-loss) not part of s.114 division and should be pursued separately under s.56.
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30 July 2021 |
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Temporary injunction granted to restrain respondents from farming disputed land due to prima facie case and risk of irreparable soil damage.
Land — Interim injunction — Prima facie case; Irreparable harm to land/soil; Balance of convenience; Preservation of status quo pending trial; Applicant need not forecast final success at interlocutory stage.
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30 July 2021 |
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Applicant failed to account for each day of delay; extension to file appeal out of time denied.
Extension of time – application to file notice of appeal out of time – requirement to show good cause and account for every day of delay; medical incapacity as ground for extension; alleged illegality must be apparent on the face of the decision.
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30 July 2021 |
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30 July 2021 |
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Court affirmed CMA award where employee was effectively summarily dismissed without attendance records, warnings or disciplinary hearing.
Labour law – unfair dismissal – procedural fairness – requirement to produce attendance records, warnings and disciplinary procedure before dismissal; employer identity and attribution between related companies; admissibility of documents and effect on labor proceedings.
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30 July 2021 |
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Convictions quashed where victim's inconsistent testimony and absence of DNA linkage created reasonable doubt.
Criminal law – burden of proof – prosecution must prove guilt beyond reasonable doubt. Evidence – credibility of complainant – inconsistent statements and delay in reporting may render testimony unreliable. Forensic evidence – necessity of DNA profiling to link accused to pregnancy in paternity/impregnation cases. Conviction safety – where key witness credibility is doubtful and no forensic linkage exists, conviction may be quashed.
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30 July 2021 |
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30 July 2021 |
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Applicant granted 14-day extension to appeal because defective judgment/decree (requiring rectification) constituted good cause.
Extension of time – application under s.41(2) Land Disputes Courts Act and s.14(1) Law of Limitation Act – requirement of "good cause" per Lyamuya guidelines. Civil Procedure – Order XXXIX Rule 1(1) – mandatory attachment of judgment and decree to petition of appeal. Defective documents/variance between judgment and decree – rectification as justification for delay. Illness/hospitalisation cited as contributing factor to delay.
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30 July 2021 |
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Tenant failed to prove payments or counterclaims; landlord awarded outstanding rent, eviction costs, interest and costs.
Landlord and tenant – rent arrears – burden of proof on alleged payments and set-offs – absence of pleaded counterclaim – entitlement to eviction costs and decretal interest.
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30 July 2021 |
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Alleged illegality and technical delay justified extension of time to file revision; applicants given 30 days to apply.
Extension of time – Rule 56(1) Labour Court Rules – discretion to extend where good cause shown; technical delay (struck-out application) – illegality of CMA award as good cause under Valambhia principle; labour matter – no costs ordered.
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30 July 2021 |
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An application seeking the same relief as a pending counterclaim is unmaintainable as res subjudice and was struck out.
Civil procedure – Preliminary objections – Res subjudice – Application seeking identical relief to pending counterclaim – Section 8 Civil Procedure Code – Abuse of court process – Striking out application with costs.
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29 July 2021 |
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Additional vendor evidence from a site visit overturned the District Tribunal’s finding and restored the Ward Tribunal’s ownership decision.
Land law – ownership dispute – role of locus in quo and vendor’s testimony – reception of additional evidence under section 42 Land Courts Act – effect of affidavit of service on ex parte proceedings.
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29 July 2021 |
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Applicant granted 21-day extension for one-day delay due to credible travel-related explanation; no costs.
Extension of time; sufficient cause; one-day delay not inordinate; applicant’s travel/financial difficulties and arrival after court hours accepted as explanation; exercise of court’s discretion; no costs.
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29 July 2021 |