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Citation
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Judgment date
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| February 2024 |
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Applicant granted 20-day extension to file appeal after bona fide pursuit and delay caused by lack of certified tribunal ruling.
* Civil procedure – extension of time to file appeal – Land Disputes Courts Act s.41(2) and Law of Limitation Act s.14(1), s.21(1).
* Good cause/sufficient cause – requirement to account for each day of delay; bona fide pursuit of rights in pending proceedings may constitute good cause.
* Competence of appeal – necessity to attach certified ruling and drawn order when appealing from District Land and Housing Tribunal.
* Discretionary relief – circumstances warranting enlargement of time to enable merits determination.
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12 February 2024 |
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High Court lacks jurisdiction to revise an interlocutory execution order lifting attachment; revision struck out.
Civil procedure – Revision and jurisdiction – Interlocutory orders – Execution proceedings – Order uplifting attachment – Magistrates Courts Act s.43(2) and Civil Procedure Code s.79 – Restoration under s.95 – Competency of preliminary objection.
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12 February 2024 |
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An Order XXI Rule 57 application lacking particulars of attached property is premature and struck out.
Civil Procedure – Order XXI Rule 57(1) – objection to property attached in execution – applicant must specify sufficient particulars of attached property; Preliminary objections – Mukisa principle – objections must be pure points of law not requiring evidence; Company litigation – necessity/quality of board resolution/minutes; Conflict of interest – advocate’s prior involvement (not determined).
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12 February 2024 |
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Landlord misrepresentation and breach of duty to inform tenant of demolition led to damages award and costs.
* Land/titles – lease and dealership agreement – misrepresentation as to ownership – effect where landlord is not the owner and withdraws land litigation.
* Contractual relationship – landlord/licensor’s duty of care to tenant to disclose material threats to occupation (e.g., demolition notices).
* Civil procedure – submission of no case to answer versus preliminary objection on limitation – no‑case submission cannot be used to raise time‑bar afterthought.
* Damages – proof of special and general damages; requirement of specific evidence for some heads and allowance where proof is reasonable on the facts.
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12 February 2024 |
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Appellant failed to prove sufficient contribution; appellate division of matrimonial property upheld and appeal dismissed.
* Family law – Divorce – Division of matrimonial property – s.114 Law of Marriage Act – assets acquired before marriage but substantially improved during marriage qualify as matrimonial property. * Evidence – extent of contribution (monetary or otherwise) must be proved by evidence (documents or testimony). * Property registered in child’s name is not matrimonial property for division. * Burden to prove contribution; absence of sale agreement or corroboration defeats claim.
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12 February 2024 |
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A convict's transfer and lack of access to judgment constituted good cause to grant extension to file an appeal out of time.
* Criminal procedure – extension of time – section 361(2) Criminal Procedure Act – discretion to admit appeal out of time where good cause shown.
* Prisoners’ rights – transfer and lack of access to judgment/records – reliance on prison officers to pursue appeals as good cause for delay.
* Appeal – leave to file notice of appeal and appeal out of time – condition of filing within specified period.
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12 February 2024 |
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Oral evidence of purchase can suffice to prove land ownership; ex parte default allows reliance on unchallenged evidence.
Land law – proof of title – ownership may be proved by credible oral evidence; Evidence Act s.110 burden of proof; effect of defendant's default and ex parte proceedings; tribunal may grant reliefs consistent with pleaded prayers.
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12 February 2024 |
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Applicant’s denial of executing the mortgage raised a triable issue; leave to defend in the summary mortgage suit was granted.
Civil procedure – Summary suit arising from mortgage – leave to defend under Order XXXV r.3(1)(c) – mortgagor must demonstrate loan discharged or loan not taken – triable issue on affidavit sufficient to grant leave; incorrect rule citation curable.
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12 February 2024 |
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12 February 2024 |
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Applicant's failure to tender bus tickets at trial meant no sufficient cause to restore the dismissed suit.
Civil procedure – restoration of dismissed suit – sufficiency of cause – annexures not evidence – obligation to tender exhibits at trial – appellate courts will not entertain new matters not raised below.
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12 February 2024 |
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Convictions quashed where recent-possession and identification requirements were not satisfied; prosecution failed to prove guilt beyond reasonable doubt.
Criminal law – Doctrine of recent possession – requirements: possession with accused; positive prior identification as complainant’s property; recent theft; correspondence with the charge – failure to comply vitiates conviction; Identification and prior description of stolen property; adequacy of circumstantial evidence; seizure from third parties and duty to call witnesses; juvenile sentencing safeguards.
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12 February 2024 |
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Preliminary objection on locus standi improperly decided amid disputed factual issues; matter remitted for full hearing.
Civil procedure – Preliminary objection – must raise a pure point of law; cannot decide disputed facts or issues requiring evidence; locus standi – factual determination through full hearing; probate/administration disputes – letters of administration and revocation require evidence before adjudication.
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10 February 2024 |
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Possession, seizure certificate and corroborating evidence proved knowledge and common intention; appeal dismissed.
Criminal law – Drug trafficking – Possession and knowledge – Seizure certificate and exhibits – Failure to cross‑examine – Inference of common intention from coordinated travel and shared possession – Sufficiency of prosecution evidence.
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10 February 2024 |
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Taxing Officer erred expunging applicant’s timely submission over clerical case-number error and dismissing Bill of Costs.
* Taxation of costs – Bill of Costs – expunging of timely written submissions due to incorrect case number – dismissal for want of prosecution. * Procedural fairness – duty to invite parties to address new issues arising in composition of a ruling before expunging documents or dismissing proceedings. * Overriding objective – curability of clerical errors in case references where no prejudice shown. * Order 7 Advocates Remuneration Order – propriety of reference where dismissal followed expungement of submissions.
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10 February 2024 |
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Revision was inappropriate where the appellant was a party heard; the proper remedy was appeal, so the appeal was dismissed.
* Probate law – appointment and revocation of administratrix – remedy where aggrieved party was a party and heard in original proceedings – appeal vs revision.
* Civil procedure – revisional jurisdiction – revision is not available where alternative remedy (appeal) exists.
* Civil procedure – clerical omissions in judgments – curable by correction under court rules, not substantive ground for revision.
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9 February 2024 |
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TCRA complaint procedure limits court jurisdiction for telecom disputes, but claims against non‑regulated parties and notice service remain for trial.
• Administrative law – TCRA statutory complaint mechanism for regulated communications and right of appeal to FCT – effect on High Court jurisdiction. • Civil procedure – preliminary objection: pure law versus mixed fact and law – limits of resolution at preliminary stage. • Government Proceedings – section 6(2) mandatory 90‑day notice to Attorney‑General/Solicitor General; service is a factual issue.
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9 February 2024 |
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9 February 2024 |
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Appeal allowed: respondent failed to prove contractual breach; ex parte award set aside; costs follow the event.
Contract law – breach and damages; burden of proof in civil cases (Evidence Act ss.110,112,115); admissibility/stamp duty issue; lifting corporate veil; ex parte judgment set aside for lack of proof.
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9 February 2024 |
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An online filing is effective only upon payment of court fees; late payment renders the application time-barred.
* Civil procedure – Appeals – Leave to appeal and certificate of point of law – time limits under Court of Appeal Rules (Rule 46).
* Electronic filing – Effectiveness of online submission – filing completed upon payment of court fees; payment date is filing date (John Chuwa principle applied post-GN No.148/2018).
* Time bars – Late payment of filing fees renders an application time-barred absent satisfactory explanation.
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9 February 2024 |
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Appeal dismissed: prosecution proved malicious damage elements, chain of custody, and reliable eyewitness identification; convictions and four-year sentences upheld.
Criminal law – Malicious damage to property (s.326(1) Penal Code) – elements: damage, wilfulness/malice, perpetrator; Evidence – eyewitness identification and arrest at scene; Ownership – receipts not required where credible oral evidence establishes ownership; Chain of custody – seizure certificate and exhibits register sufficient; Appellate review – minor contradictions not fatal to prosecution case.
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9 February 2024 |
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Technical delay and mistaken procedure justified a 30‑day extension to appeal a DLHT dismissal.
* Civil procedure — Extension of time — Application of Lyamuya guidelines (account for delay; not inordinate; diligence; other sufficient reasons).
* Land procedure — DLHT dismissal under Regulation 13(2)&(3) GN.173/2003 — Proper remedy is appeal to High Court under Regulation 13(4) and s.41(2) Land Disputes Court Act.
* Technical delay/mistaken procedure — pursuing set-aside at DLHT rather than appeal may justify limited extension where applicants acted diligently.
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9 February 2024 |
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An identification parade without a prior description is unreliable and cannot sustain the appellant's conviction.
Criminal law – Unnatural offence; Identification parade – compliance with Police General Orders and requirement of prior detailed description; Identification evidence – identification parade of no value where no pre-parade description; Dock identification alone insufficient to sustain conviction; Appeal – re-evaluation of evidence by first appellate court.
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9 February 2024 |
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9 February 2024 |
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Outpatient injuries did not constitute sufficient cause to extend time for filing a criminal appeal.
Criminal procedure – Extension of time to appeal – Sufficient cause – Medical incapacity alleged but unsupported – Outpatient treatment insufficient to excuse delay – Application of section 20(3) Magistrates Courts' Act (Cap.11 R.E.2019).
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9 February 2024 |
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9 February 2024 |
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9 February 2024 |
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Tribunal misapplied Regulation 15; dismissal for want of prosecution quashed and proceedings restored.
* Land law – dismissal for want of prosecution – Regulation 15, GN No.174/2003 – requirement of three consecutive months of non-attendance. * Tribunal procedure – Regulation 11(1)(b) – dismissal on day of hearing if applicant absent. * Evidence – court record presumption rebuttable by affidavits and opposing counsel’s admissions. * Remedy – quashing dismissal and restoring proceedings.
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9 February 2024 |
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9 February 2024 |
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9 February 2024 |
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9 February 2024 |
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9 February 2024 |
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Conviction for stealing by servant upheld on circumstantial evidence; custodial sentence replaced by restitution order.
Criminal law – Stealing by servant – Circumstantial evidence may establish guilt if it pins liability to accused; burden of proof lies on prosecution; elements of stealing (possession, dishonest conversion, lack of consent) must be proved; s.366 Criminal Procedure Act – court may substitute custodial sentence with restitution and conditional release.
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9 February 2024 |
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Court upholds tribunal’s grant of extension to set aside ex parte judgment for denial of hearing and apparent illegality.
Land law — Ex parte judgment — Application to set aside under Order IX Rule 9 CPC; Extension of time — section 14(1) Law of Limitation Act — requirements for sufficient cause (Lyamuya principles); Illegality/apparent jurisdictional defects and denial of right to be heard as grounds for extension; Appellate review of discretionary decisions — Mbogo v Shah principles.
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9 February 2024 |
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Allocation created a limited tenancy; plaintiffs failed to prove ownership and their suit was dismissed, defendants entitled to collect rent.
Land law — allocation of government land for construction of kiosks — conditional allocations and recovery period — tenant/occupier relationship — reversion of structures to local authority after ten years — failure to prove ownership — entitlement to demand rent and close non-compliant kiosks.
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9 February 2024 |
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9 February 2024 |
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Accused convicted of trafficking over 50kg of khat; mandatory life imprisonment and vehicle forfeiture ordered.
Drug offences – Trafficking in narcotic drugs (Catha edulis/khat) – Government Chemist analysis; chain of custody and custody seals; effect of imperfect inventory under s.36(1) DCEA; signing seizure certificate as evidence of possession; mandatory life sentence and forfeiture of vehicle.
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9 February 2024 |
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9 February 2024 |
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High Court certified legal issues on procedural fairness and protection of bona fide purchaser’s title for Court of Appeal consideration.
Appellate Jurisdiction Act s.5(2)(c) – certificate on point of law required for appeals in matters originating from primary courts; Right to be heard – whether decisions entered without hearing persons with vested interests can stand; Bona fide purchaser for value without notice – protection of title from collateral proceedings in which purchaser was not a party; Competence of certificate application.
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9 February 2024 |
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An oral employment contract was unfairly terminated without required notice; CMA award of TZS 700,000 for terminal dues confirmed.
Labour law – oral employment contract – unfair termination – employer’s duty to prove valid reason and follow termination procedure (s37, s41) – entitlement to terminal benefits under s44 – employer’s failure to comply with NSSF, Workers Compensation and tax obligations.
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9 February 2024 |
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Failure to tender a Marriage Conciliation Board certificate renders divorce proceedings a jurisdictional nullity.
Family law – Divorce – Law of Marriage Act s.101 – mandatory referral to Marriage Conciliation Board and production of certificate – certificate must be tendered and form part of record – failure to comply deprives court of jurisdiction – proceedings and ensuing appeal nullity.
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9 February 2024 |
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9 February 2024 |
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Appellate court affirms that locus inspections are discretionary and that credible oral evidence of gift can prove land ownership.
Land law – proof of ownership: strict standard but oral evidence and evidence of gift may suffice; burden of proof rests on the party alleging ownership. Civil procedure – locus in quo: inspection discretionary, required only where ambiguity or demarcation issues exist. Appellate review – re-evaluation of evidence: appellate court may uphold trial credibility findings absent compelling reasons to overturn them.
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9 February 2024 |
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Executing court failed to properly execute the matrimonial decree, wrongly denying the applicant maintenance and neglecting statutory procedures.
Family law – Execution of matrimonial decree – Division of matrimonial property; Maintenance orders – executability during execution; Civil Procedure Code s.38 and Order XXI – duty of executing court to determine disputes on identity, ownership and executability; Valuation and execution irregularities; Remedy – quashing of execution orders and remittal for proper execution.
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9 February 2024 |
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DPP misapplied s.91(1) by re‑instituting charges dismissed for want of prosecution instead of setting aside the dismissal.
Criminal procedure — DPP's power to withdraw charges (s.91(1) CPA) — limits and proper use — re‑institution after dismissal for want of prosecution — remedy is to apply to set aside dismissal — late withdrawals risk abuse of process.
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9 February 2024 |
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Pre‑litigation negotiations did not revive the applicant's time‑barred contractual claim; suit dismissed with costs.
Contract law – limitation period – cause of action accrues on last relevant transaction; six‑year limit for contractual claims; pre‑litigation negotiations do not revive time‑barred claims; written signed acknowledgement required to restart limitation; pleadings and corporate relationships may suffice to disclose cause of action against directors/shareholders.
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9 February 2024 |
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An appeal from a Primary Court filed directly in the High Court is jurisdictionally incompetent and is struck out.
• Appeals procedure – Appeals from Primary Court to High Court must be by petition filed in the District Court (Magistrates' Courts Act s.25(3),(4); GN No. 312/1964 Rules 4 & 5).
• Jurisdiction – Failure to follow mandatory appellate route is jurisdictional and renders the appeal incompetent.
• Procedure – Direct institution of appeal in High Court from Primary Court is incurably defective and must be struck out.
• Remedy – Appellant may file fresh petition via District Court in accordance with governing rules and Limitation Act.
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9 February 2024 |
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Reliance on objected evidence without a ruling rendered the trial court's judgment nullity; matter remitted for fresh judgment.
* Evidence – Admissibility – Objection deferred to judgment but relied upon in decision – Court must rule on admissibility before relying on exhibit; failure is fatal.
* Civil procedure – Amendment of plaint – Substitution/removal of trade name permissible under Order IX r.10(1) where bona fide mistake and necessary for determination of dispute.
* Remedies – Nullity of judgment and remittal where trial court relies on unruled objectionable evidence.
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9 February 2024 |
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A plaintiff's administrator appointment by a primary court lacking the deceased's territorial jurisdiction is void; suit dismissed with costs.
• Probate & Administration — Primary court territorial jurisdiction — Administrator appointment valid where deceased had fixed abode within the court's local limits.
• Magistrate's Courts Act (Fifth Schedule) — A primary court without territorial jurisdiction cannot validly appoint an administrator; subsequent appointment is void ab initio.
• Civil procedure — Jurisdictional challenge and locus standi where multiple letters of administration exist for same estate.
• Letters of administration — Two conflicting appointments by different primary courts are improper; earlier unrevoked appointment prevails.
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9 February 2024 |
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Extension of time denied for failure to prove good cause, medical evidence, or advocate engagement.
Extension of time – discretion to grant extension – requirement to show good cause and account for each day of delay – sickness and advocate's non-feasance as potential grounds but require proof – filing of notice during alleged sickness undermines sickness claim.
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9 February 2024 |
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Application for extension of time to seek leave to appeal struck out after statute removed leave requirement.
* Appellate jurisdiction – amendment by Legal Sector Laws (Misc. Amendments) Act No.11/2023 – removal of leave to appeal requirement in civil proceedings.
* Civil procedure – extension of time to apply for leave – effect of subsequent change in law – application overtaken by events.
* Costs – no order where change arises from operation of statute.
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9 February 2024 |