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Citation
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Judgment date
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| September 2021 |
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Maintenance obligations are shared; respondent's shop is separate property; matrimonial house equally divided and retained for children's welfare.
Cohabitation and presumption of marriage (s.160 LMA) – Maintenance of children (s.129 LMA; s.44 Law of the Child Act) – Parental responsibility is shared – Evidence and pleadings govern proof of ownership – Division of matrimonial property; domestic work as contribution.
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30 September 2021 |
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A s.225(5) discharge is not a termination in the accused’s favour for malicious prosecution claims.
Criminal Procedure Act s.225(5) — discharge for want of prosecution does not amount to termination in favour; Malicious prosecution — required elements (prosecution; termination in favour; malice; lack of reasonable/probable cause; damage); Dismissal under s.225(5) — leaves prosecution open to re‑indictment; Suit prematurity and incompetence where prosecution not finally decided on merits.
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30 September 2021 |
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Applicant granted extension; proceedings and DLHT decision quashed for lack of jurisdiction and irregular execution sale.
Jurisdiction – Ward tribunal and DLHT – distinction between tort (negligence/constructive trespass) and land disputes – incompetence of land tribunals to determine pure tort claims; Execution law – irregular sale of property and sale below market value as factor in setting aside execution; Extension of time – granted to enable challenge of lower tribunal proceedings.
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30 September 2021 |
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30 September 2021 |
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Probate appointment quashed where proceedings were time-barred and the deceased’s identity and death date were not satisfactorily proved.
Probate law – limitation period and jurisdiction – probate proceedings commenced after long delay without extension of time – jurisdictional nullity. Evidence – proof of identity and date of death – conflicting names/dates on tombstone; need for adequate evidence (expert/forensic) before appointment of administrator. Procedure – impartiality of court after locus visit; requirement of oath/affirmation for witnesses; role and invitation of assessors in probate matters.
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30 September 2021 |
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Court found published images non‑defamatory and dismissed libel claim for lack of proven imputations or damages.
Defamation — publication of image — whether image and accompanying material impute disease or defamatory meaning to a reasonable person. Consent — whether publishers required consent for client‑supplied advertisements; publisher liability for client‑provided material. Proof of damage — need for evidence of reputational harm or community reaction in defamation claims.
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30 September 2021 |
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Whether delayed salary and hostile work environment amounted to constructive unfair termination and appropriate remedy.
Labour law – constructive dismissal – delayed salary and hostile/inconclusive work environment as constructive unfair termination; CMA’s remedial powers under s.40(1) ELRA to grant reliefs not specifically claimed; appropriateness of reinstatement versus terminal benefits.
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30 September 2021 |
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Court partly granted dispensation of bonds, registering the deceased’s house as bond without requiring sureties.
Probate law – section 67 – dispensation of bonds and sureties – acceptance of immovable property as security – registration of house as bond without sureties; Jurisdiction – estate value exceeding primary court monetary threshold.
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30 September 2021 |
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Applicant failed to show sufficient cause for extension of time; illness and ignorance of procedure were inadequate.
Land law – extension of time – application for extension to appeal – requirement to account for each day of delay – illness and ignorance of procedure held not sufficient cause – filing of bill of costs not a bar to appeal.
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30 September 2021 |
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Conviction quashed for unsafe identification, improperly admitted extra‑judicial/caution statements and biased trial procedure.
Criminal law – Armed robbery – Visual identification – Requirements as to source and intensity of light, distance and duration to exclude mistaken identity. Evidence – Extra‑judicial statements – Requirement to clear and read documentary statements before admission. Evidence – Caution statements – Unsafety of relying on statements recorded by investigating/arresting officer. Criminal procedure – Duty to evaluate defence and avoid prejudgment; fairness in case-to-answer rulings.
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30 September 2021 |
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Court granted ex parte non-disclosure and state protection orders for prosecution witnesses facing threats from respondents' associates.
Criminal procedure — s.188(1) CPA — ex parte powers of the DPP to seek witness protection orders; non-disclosure of identity and whereabouts. Witness protection — non-disclosure of statements/documents likely to identify witnesses; state protection for witnesses and families. Terrorism-related prosecutions — intelligence of threats and attempts to obtain witness identities justifying protective measures. Balance — protection of witnesses and public interest versus respondents’ fair trial rights.
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30 September 2021 |
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Extension of time refused: no illegality on the record and applicant failed to show good cause for delay.
Extension of time – section 14(1) Law of Limitation Act – requirements for good cause (Lyamuya factors). Illegality on the face of the record – denial of hearing/natural justice – issue raised by respondent versus suo motu finding. Accounting for delay – length, diligence, and arguable point of law. Technical delay insufficient where original appeal was time-barred.
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30 September 2021 |
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An applicant who withdrew an appeal without liberty to re-file cannot obtain an extension of time to revive that appeal.
Extension of time – withdrawal of appeal without liberty to re-file – effect on right to revive appeal – Law of Limitation Act s.14(1) and s.19(2) – illegality and illness not shown to vitiate withdrawal – finality of litigation – abuse of court process.
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30 September 2021 |
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Appellant lacked locus and estate/sale validity issues belong to probate proceedings; appeal dismissed with costs.
Land law – ownership dispute arising from alleged sale by deceased – locus standi in estate disputes – probate/administration court jurisdiction; Civil procedure – appellate review of concurrent findings of lower tribunals; Ward Tribunal practice – role of secretary and compliance with Ward Tribunal Act.
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30 September 2021 |
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Extension of time to appeal granted because the tribunal allegedly ruled beyond the matter before it, constituting illegality.
Extension of time — Alleged illegality in tribunal's decision — Court empowered to extend time to enable correction of procedural illegality — Illegality alone may constitute sufficient cause for extension.
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30 September 2021 |
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Employer failed to prove misconduct serious enough to justify dismissal; compensation reduced to statutory minimum.
Labour law – unfair termination – substantive fairness – employer’s burden to prove valid and serious misconduct – first offence – circumstantial/system evidence – CMA compensation under s.40(1)(c) – minimum twelve months' remuneration.
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30 September 2021 |
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Extension granted and execution of CMA award stayed pending review, subject to an unconditional bank guarantee.
Labour law – extension of time for application for stay of execution; stay of execution under s.91(3) ELRA pending review; security for stay — bank guarantee acceptable; Judiciary deposit account not mandatory.
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30 September 2021 |
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Where ownership of land/house is disputed, eviction and possession issues belong to civil/land tribunals, not criminal courts.
Criminal law – jurisdiction – where dispute principally concerns land/ownership the matter and eviction relief are for civil courts/land tribunals, not criminal courts. Criminal evidence – stealing – prosecution must prove existence of alleged stolen items and that accused took them beyond reasonable doubt. Malicious damage – should not be criminally determined where ownership is contested without prior civil adjudication.
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30 September 2021 |
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Leave granted where arguable issues arose on assessors' opinions, precedent application, and mortgage challenge grounds.
Procedure — Leave to appeal — Section 47(2) Land Disputes Courts Act — discretionary test: arguable/novel points of law or disturbing features warranting appellate guidance. Evidence/tribunal procedure — Assessors — mandatory nature of assessors' written opinions under s.23(1)(2) LDC Act and regulation 19 DLHT Regulations — effect of non-recording of opinions in proceedings. Precedent — duty of lower courts to follow or distinguish Court of Appeal authorities. Property law — challenges to mortgage instruments and permissible grounds for challenge.
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30 September 2021 |
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High Court upholds finding that the vehicle was not matrimonial property and the appellant was heard on appeal.
Matrimonial property – whether a vehicle placed as security for a third-party loan constitutes matrimonial property subject to division. Burden of proof – party alleging joint ownership must rebut presumption of personal property. Law of Marriage Act, s.60 – presumption that property acquired before cohabitation is personal. Right to be heard on appeal – appellate record showing parties heard negates complaint of denial.
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30 September 2021 |
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The appellant's appeal allowed; DLHT's inheritance finding unsupported and trial tribunal's decision restored.
Land law — acquisition by occupation and boundary disputes; appellate review of tribunal findings; assessors' opinion on record; inheritance claims vs probate jurisdiction; mediation by same tribunal members and procedural irregularity.
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30 September 2021 |
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Silence in tribunal records about an ordered locus in quo visit is a fatal irregularity warranting quashing of proceedings.
Locus in quo visits — exceptional procedure required: parties, advocates, witnesses, notes and incorporation into court record. Failure to record or to show vacatur of locus in quo order — procedural irregularity vitiating proceedings. District Land and Housing Tribunal proceedings quashed; matter may be refiled before new chairman and assessors.
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30 September 2021 |
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Appellate court upheld adverse possession findings but limited ownership to the 54‑pace parcel identified by the trial tribunal.
Land law – adverse possession/limitation – long undisturbed occupation and improvements; appellate review – assessors' opinions must be on record and read; boundary dispute limited to measured 54 paces.
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30 September 2021 |
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Applicant failed to account for delay or particularise illness/COVID-19, so extension to set aside dismissal was refused.
Civil procedure — Extension of time — Applicant must account for each day of delay; illness and COVID-19 require particularised evidence and dates to justify extension; strict application of limitation rules; Moto Matiko Mabanga precedent applied.
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30 September 2021 |
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Execution filed on behalf of a deceased person without locus standi and without hearing was quashed; fresh applications ordered.
Land law – execution proceedings – locus standi – acts done on behalf of a deceased person before valid appointment of administrator are invalid. Civil procedure – natural justice – failure to afford hearing in execution proceedings and ordering eviction beyond contested land constitutes fatal irregularity. Remedies – orders in execution are not appealable; revision under s.43 LDCA is appropriate to address irregularities.
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30 September 2021 |
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Applicant failed to prove interest in attached mining licences; objection dismissed and execution ordered to proceed.
Civil Procedure – Order XXI Rule 57 & Rule 8 – Objection to attachment – requirement to show interest in attached property on date of attachment. Law of Contract – Arbitration clause – does not automatically preclude court objection proceedings to execution when claimant fails to prove title/transfer. Execution – attachment of property including mining licences – necessity of transfer/registration evidence to disturb execution.
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30 September 2021 |
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Revision is barred under s79(2) CPC against interlocutory DLHT orders that do not finally determine parties' rights.
Civil Procedure – Revision under section 79 CPC – prohibition of revision in respect of interlocutory/preliminary orders unless they finally determine the suit. Interim injunctions and preservation of status quo – freezing bank account and security for costs are interlocutory measures. Jurisdiction – High Court lacks jurisdiction to revise interlocutory DLHT orders that do not finally determine rights.
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30 September 2021 |
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An execution application lodged over 12 years after judgment is time-barred; DLHT execution order quashed.
Execution law – Limitation – Law of Limitation Act Item 20 Part III/Section 3 – 12-year bar – execution application time-barred; District Land and Housing Tribunal – reliance on purported judgment without established boundaries invalid; Mootness/overtaken-by-events – execution completed does not validate an otherwise time-barred decree; Orders and subsequent findings founded on time-barred execution are nullities.
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30 September 2021 |
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A decree that does not agree with its judgment renders an appeal incompetent and is struck out with costs.
Civil procedure – decree must agree with judgment (Order XX Rule 6(1), Rule 7 CPC) – defective decree goes to root of appeal – correction lies with trial court/tribunal – appeal accompanied by defective decree is incompetent and liable to be struck out – costs.
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30 September 2021 |
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Application to correct Taxing Master's decision dismissed for want of prosecution due to non-filing of submissions and non-appearance.
Civil procedure – dismissal for want of prosecution – failure to file court-ordered written submissions and failure to appear – non-filing tantamount to non-appearance – dismissal with costs.
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30 September 2021 |
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Refusal to extend time to set aside ex-parte divorce judgment upheld for inordinate unexplained delay and improper new grounds on appeal.
Matrimonial law – setting aside ex-parte divorce judgment – extension of time – limitation – reconciliation by conciliatory board (s.101 Law of Marriage Act) – exceptions for illegality – exclusion of time during bona fide litigation – prohibition on raising new grounds on appeal.
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30 September 2021 |
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Conviction for child rape quashed due to unreliable victim evidence and insufficient proof; retrial denied as not in interests of justice.
Criminal law – Sexual offences – Conviction on uncorroborated evidence of a child – court must assess credibility under section 127 Evidence Act. Evidence – Distinction between normal and material discrepancies in dates; minor variances not fatal. Evidence – Delay in reporting sexual assault undermines credibility. Procedure – Irregular file transfers between magistrates; retrial only in interests of justice and not to allow prosecution to fill evidentiary gaps. Remedy – Conviction quashed where prosecution fails to prove guilt beyond reasonable doubt.
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30 September 2021 |
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Bail for economic offences involving government trophy granted on security equal to half the alleged property value and restrictive conditions.
Criminal procedure – Bail – Bail in economic crime involving government trophy – Application under s.29(4)(d) & s.36(1) EOCCA considered under s.148 CPA – bail fixed at half the value of alleged property. Conditions of bail – cash/immovable security, local surety, surrender of travel documents, vetting by Deputy Registrar, travel and area restrictions, mandatory court attendance.
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30 September 2021 |
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Applicant failed to show good cause or account for delay; extension of time to seek certificate on points of law refused.
Extension of time – requirement to show good cause – applicant must account for all days of delay; delay should not be inordinate; diligence required – Lyamuya guidelines apply; technical delay vs negligence; illegality of impugned decision as possible ground for extension.
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30 September 2021 |
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Appellate court upheld child‑rape conviction, expunged irregular caution statement, finding other evidence sufficient.
Evidence Act s.127(2) – child witness competence and voire dire; admission without corroboration where child promises to tell truth. Identification – reliability where victim knows accused, immediate naming, scene conditions and living arrangement. Caution statements – privacy requirement; recording in presence of other officers renders statement inadmissible. Criminal Procedure Act s.388 – omission of sentencing subsection in charge curable; absence of prejudice is decisive. Proof of child rape – age and penetration may be proven by medical evidence; victim’s testimony is best evidence.
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30 September 2021 |
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The respondent was committed to civil prison for non‑compliance with a decree, suspension granted briefly to permit compliance.
Civil procedure – Committal proceedings – Order XXI Rules 28 and 35(1) CPC – enforcement of decree for terminal benefits. Non‑compliance with court order – remedy of civil imprisonment as coercive measure. Alleged settlement and partial payments – need for prior pleading and proof before defeating committal. Rule of law – obligation to comply with or legally challenge court orders.
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30 September 2021 |
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Proceedings brought in an employee’s name instead of the corporate employer were irregular and led to quashing and retrial.
Civil procedure – capacity to sue – primary court proceedings instituted in the name of an employee rather than the corporate employer; Magistrates Act s33(3) – employee may appear for a body corporate but the employer must be joined as a party; improper parties render proceedings and judgments voidable and justify quashing and ordering trial de novo.
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30 September 2021 |
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Prosecution failed to establish a prima facie case; retracted caution statement uncorroborated and unreliable evidence insufficient.
Criminal law – Prima facie case – requirement that prosecution adduce evidence sufficient to sustain conviction if unrefuted. Evidence – Caution/extra-judicial statements – retracted confessions require corroboration and proper proof; JP who recorded statement should be called. Evidence – Unavailable witness’ prior statement that does not identify perpetrator is unreliable. Criminal law – Suspicion or evidence of grudges insufficient to convict.
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30 September 2021 |
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Whether tribunal composition, locus standi, or pecuniary jurisdiction can be first challenged on appeal.
Ward tribunal composition — permitted membership 4–8; locus standi — administrator and letters of administration; pecuniary jurisdiction of ward tribunals — must be raised at earliest opportunity; appellate limitation on new grounds and late evidence; afterthought doctrine on jurisdictional objections.
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30 September 2021 |
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The respondent lacked locus standi to sue over land owned by his deceased father; appeal allowed and lower decisions quashed.
Civil procedure – Locus standi – plaintiff must show legal right or interest affected; failure to prove heirship or authorization defeats standing. Land law – disputed sale of family land – proof of possession, heirship or appointment to sue required. Appeal – dispositive jurisdictional defects may render other grounds unnecessary; quashing of lower tribunal and ward tribunal decisions.
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30 September 2021 |
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Applicants charged with a bailable firearms offence were granted bail subject to surety, passport surrender, travel restrictions, and court supervision.
Criminal procedure – Bail pending trial – Applicants charged with unlawful possession of firearms under Firearms and Ammunitions Control Act and Economic and Organized Crimes Control Act – entitlement to bail where offence is bailable and prosecution does not oppose. Bail conditions – surety bond (TZS 5,000,000), vetting of sureties, surrender of passports, geographic travel restriction, attendance obligations, supervisory role of Deputy Registrar and trial court. Legislative basis – Section 148 Criminal Procedure Act; Sections 29(4)(d) and 36(1) EOCCA; Section 148(2) on non-excessive bail.
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30 September 2021 |
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An appellate court must not act on documents annexed to submissions; probate courts must not determine matrimonial-property disputes.
Probate law — admissibility of evidence on appeal — submissions are not evidence; appellate court must not act on documents annexed to submissions unless tendered and admitted. Matrimonial law — nullified divorce proceedings restore marital status; probate court should not decide matrimonial-property disputes. Administration of estates — removal of administrator requires clear breach or inability to act; court may appoint co-administrators but Administrator-General appointment requires reasons recorded.
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30 September 2021 |
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Extension of time granted despite unexplained delay because arguable illegality in tribunal proceedings; status quo ordered.
Civil procedure – Extension of time under section 41(2) Land Disputes Courts Act – requirement to account for delay; exception where illegality on face of record exists. Administrative/tribunal irregularity – Recusal/disqualification of chairperson; duty to notify parties after reassignment; alleged misapplication of regulation 11(1)(b) leading to wrongful dismissal. Interim relief – Granting of status quo pending revision.
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30 September 2021 |
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A tribunal wrongly rejected the applicant’s submissions due on a public holiday, nullifying the ex parte taxation and orders.
Procedure – Filing deadlines – where last filing day falls on a public holiday filing permitted on next working day – tribunal erred by rejecting such filing. Civil procedure – right to be heard – rejection of submissions and proceeding ex parte prejudices party and vitiates subsequent taxation and orders. Taxation – bill of costs particulars and receipts – challenges to items (mention/hearing days, refreshments, Ward Tribunal attendance) raised but not finally determined.
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30 September 2021 |
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Extension of time denied where applicant failed to account for each day of delay despite medical evidence.
Extension of time; requirement to account for every day of delay; medical evidence as ground for extension; insufficiency of unexplained gaps; application dismissed with costs.
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30 September 2021 |
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An application filed without the impugned judgment is incompetent and may be struck out; withdrawal with leave refused.
Civil procedure – competence of application – requirement to attach impugned judgment when seeking leave to appeal – absence renders grounds bare and application incompetent. Civil procedure – withdrawal of application – withdrawal with leave to refile not permitted where a preliminary objection is raised or court raises issue suo motu. Striking out – remedy for procedural incompetence; no order as to costs.
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29 September 2021 |
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A housewife’s domestic contribution can attract 25% of matrimonial assets; house may be valued and bought out instead of sold.
Family law – Division of matrimonial property – Assets acquired before marriage substantially improved during marriage – s.114(1) and (3) Law of Marriage Act; domestic services as compensable contribution; valuation and buy-out alternative to sale of matrimonial home.
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29 September 2021 |
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Letters of administration granted after publication and absence of caveat; administrator ordered to file inventory.
Probate — Letters of administration — Intestacy — Publication and citation — Absence of caveat — Requirement to file inventory — Follow-up hearing to monitor administration.
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29 September 2021 |
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Revision against interlocutory ruling on pecuniary jurisdiction is premature and barred by section 79(2) CPC.
Civil procedure – interlocutory orders – Section 79(2) Civil Procedure Code – revision against interlocutory rulings barred unless rights finally determined; preliminary objection on pecuniary jurisdiction; affidavit defects under Order XIX r.3 (not adjudicated).
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29 September 2021 |
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A defective guilty plea and unproved exhibits render trial proceedings a nullity, warranting quashing and retrial.
Criminal procedure – guilty plea – imperfect or ambiguous plea – may render conviction unsafe and proceedings a nullity; Evidence – exhibits must be read over and explained to accused after admission or be expunged; Jurisdiction – territorial jurisdiction must be established by evidence; Restitution/forfeiture – instrumentalities not proved cannot be forfeited or lawfully ordered restored; Remedy – quashing of defective proceedings and ordering trial de novo.
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29 September 2021 |