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Citation
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Judgment date
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| February 2026 |
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Child victim’s credible testimony and medical findings sustained conviction for unnatural offence; appeal dismissed.
Criminal law – sexual offences against a child – credibility of child victim’s testimony; medical corroboration (PF3) of anal penetration; material witness doctrine; sufficiency of evidence on appeal.
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13 February 2026 |
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Unauthorized lay representation at tribunal rendered proceedings null, leading to quashing, retrial and costs to the appellant.
Civil procedure – Representation – Unauthorized lay representation at tribunal without power of attorney – Proceedings vitiated and rendered nullity – Quashing of judgment and decree – Trial de novo ordered – Costs awarded in appeal.
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13 February 2026 |
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Employer failed to prove misconduct or fair procedure; reinstatement substituted with 20 months’ compensation.
Employment law – unfair termination – substantive and procedural fairness – employer’s burden of proof – exclusion from investigation and denial of representation – evidentiary inference versus proof – reinstatement substituted with compensation (20 months).
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13 February 2026 |
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Whether a condonation ruling is final and whether the employer proved substantive grounds for dismissal.
Labour law – condonation and extension of time – finality of ruling; Employment law – substantive and procedural fairness under s.38(2) and s.40; Evidence – disputed documentary exhibit and need for verification; Conflict of interest – disclosure and administrative delays.
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13 February 2026 |
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Sale by an unauthorized estate member conveyed no title; respondent proved ownership on balance of probabilities; appeal dismissed.
Land law – proof of ownership – burden of proof on balance of probabilities – oral evidence may suffice when credible and corroborated – nemo dat quod non habet – dealings in deceased estates require administrator’s authority – appellate re-evaluation of evidence on first appeal.
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13 February 2026 |
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A case‑to‑answer ruling expressing guilt amounted to bias, violating fair trial rights; conviction quashed and retrial ordered.
Criminal procedure — Ruling on a case to answer — Improper language indicating guilt — Predetermined opinion and bias — Right to fair trial — Remedy: nullification of proceedings, quash conviction and retrial.
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12 February 2026 |
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Appeal against rape conviction dismissed; appellate court found victim credible and evidence sufficient.
Criminal law – Rape – Credibility of complainant and child witness – Corroboration by circumstantial and medical evidence – Delay in medical examination justified – Appellate re-evaluation of evidence.
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12 February 2026 |
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Court upheld appellant’s conviction, finding jurisdiction proper, civil remedies inapplicable, and valuation and evidence sufficient.
Criminal procedure – scheduled offences and concurrent original jurisdiction – no requirement to try at lowest court; Criminal Procedure Act s.4(3) – principle of last resort and exhaustion of civil remedies only where pre-existing civil arrangement or misuse of process; Charge particulars – omission of specific hour not always material; Evidence – sufficiency of eyewitness testimony; Valuation and Valuers Registration Act – competency and admissibility of government valuer’s valuation report for crop damage.
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12 February 2026 |
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Statutory 90‑day notice under Government Proceedings Act is mandatory; defective notice naming only one co-owner renders suit unmaintainable.
Government Proceedings Act s.6(2)-(3) — mandatory ninety-day notice — contents and service — failure to name co-claimant; locus standi; defective notice framed as "joining" not "intention to sue"; non-compliance fatal — suit struck out; Order VII r.1(i) CPC (value of land) raised but not decided; necessity to implead Commissioner for Lands noted.
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12 February 2026 |
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Proceedings struck out for being instituted against the wrong district council; applicant may refile against the proper council.
Labour law — extension of time; jurisdiction — wrong party sued; Local Government Act (sections 11, 12) — transfer of assets, liabilities and staff; GN No. 305A; preliminary objection — incompetence and striking out; exhaustion of statutory pre-litigation procedures (ELRA sections 65–66).
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12 February 2026 |
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Appeal dismissed for being time‑barred and for lack of proper representative locus standi.
Probate appeal — Time limitation under section 20(3) Magistrates' Courts Act — statutory filing period not extendable by judicial direction; filing complete upon payment of fees — Locus standi — requirement to sue in representative capacity where acting as administrator — appeal struck out as time‑barred and incompetent.
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12 February 2026 |
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Statutory rape conviction upheld: prompt complaint, medical evidence and admissible cautioned statement proved the offence.
Criminal law — Statutory rape; child victim — earliest opportunity identification and medical corroboration; admissibility of cautioned statement; protection of child identity; preliminary hearing witness listing not mandatory in subordinate courts; chain of custody.
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12 February 2026 |
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Applicants’ interim restraint on disposal of consignment refused: prima facie case found but damages adequate and balance of convenience against applicants.
Interim injunctions — interlocutory relief — tests for grant (Atilio/American Cyanamid): arguable case, irreparable harm, balance of convenience; bills of lading and withholding of documents; agency/standing; adequacy of damages as remedy.
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12 February 2026 |
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Appeal dismissed for failure to prove ownership by preponderance; conflicting evidence and lack of occupation proof.
Land law – proof of ownership – preponderance of probabilities – conflicting evidence on land dimensions and origin – lack of evidence of occupation/use – appeal dismissed; no order as to costs.
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12 February 2026 |
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A statutory 30-year sentence for impregnating a schoolgirl is a maximum; court reduced it to eight years.
Education Act (section 62(3)) – impregnating a schoolgirl – statutory 30-year penalty is a maximum, not mandatory – sentencing discretion – manifestly excessive sentence – appellate reduction to eight years.
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12 February 2026 |
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Illegality in lower court handling of freezing orders justified extension of time to file appeal documents.
Criminal procedure — Extension of time to file appeal — Illegality in lower court proceedings as sufficient cause — Freezing orders under Proceeds of Crime Act — Appeal procedures and time limits.
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11 February 2026 |
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Whether statutory enforcement under the Political Parties Act lies in ordinary High Court jurisdiction or requires constitutional procedure under BRADEA.
Political Parties Act s.6A (now s.9) — statutory enforcement vs constitutional jurisdiction; Constitutional avoidance — BRADEA procedure not invoked where statutory remedies suffice; Territorial jurisdiction — concurrent jurisdiction with Zanzibar; Locus standi under s.41(3) — factual question not suitable for preliminary objection; Public interest litigation — procedural defects curable.
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11 February 2026 |
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Extension of time granted to file notice and petition of appeal due to delayed provision of judgment and proceedings.
Criminal procedure – extension of time under s.382(2) Criminal Procedure Act – delay due to late provision of judgment and proceedings – uncontested affidavit justification for extension.
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11 February 2026 |
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Court corrected an apparent jurisdictional misdirection, directing the respondent to apply for extension of time before the DLHT.
Civil procedure — Review jurisdiction — Error apparent on face of record — Internal inconsistency between finding an appeal time-barred and directing filing of appeal — Extension of time to file review — Correction of jurisdictional misdirection.
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10 February 2026 |
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Appellant proved estate title; respondent failed due diligence, was not bona fide purchaser and is trespasser.
Land dispute – proof of title – burden of proof in civil cases – shift of evidential burden – bona fide purchaser for value without notice – duty to inquire (caveat emptor) – trespass – permanent injunction.
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10 February 2026 |
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Appeal dismissed: respondent’s title upheld; non-joinder of land authorities not fatal; appellant given fair hearing.
Land law — proof of title — certificate of title and corroborating oral evidence; Necessary parties/joinder — Registrar of Titles, Commissioner for Lands, Director of Survey and Mapping; Tests for necessary party (Benares Bank approach); Right to fair hearing — opportunity to tender evidence and call witnesses.
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10 February 2026 |
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Failure to join and hear a co‑wife in matrimonial property division breaches natural justice and nullifies the proceedings.
Family law – Matrimonial property – Right to be heard – Co‑wife’s interest in property adjudicated in proceedings to which she was not a party – Natural justice – Joinder of interested spouse – Name discrepancies on marriage documents as factual issues.
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10 February 2026 |
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An appellate court’s suo motu issue without hearing parties violated the right to be heard and nullified its decision.
Matrimonial property — Appeal — Appellate court raising issue suo motu — Right to be heard (Article 13(6)(a)) — Audi alteram partem — Failure to place issue on record vitiates proceedings — Rehearing de novo.
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10 February 2026 |
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Extension of time denied where applicant failed to account for delay and alleged irregularities were factual, not legal, issues.
Civil procedure – extension of time – sufficient cause – applicant must account for delay; allegations of non-service or denial of hearing are factual issues, not automatic points of law; financial hardship is not good cause.
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10 February 2026 |
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Whether prosecution proved grievous harm beyond reasonable doubt, focusing on identity, medical evidence and absence of the weapon.
Criminal law – Grievous harm – Elements: harm, grievous injury, causation and identity – Medical report (PF3) confirming open scalp wound – Visual identification and naming at earliest opportunity – Absence of weapon does not necessarily vitiate conviction.
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10 February 2026 |
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Appeal struck out where decree’s case number differed from judgment; tribunal may correct clerical errors under section 106.
Civil Procedure — Decree must agree with judgment (Order XX r.8(1)) — Discrepancy in case numbers renders appeal incompetent — Clerical or arithmetical mistakes curable under Section 106 — Distinguishing Mantrac — Appropriate remedy: strike out appeal and remit to tribunal for correction.
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10 February 2026 |
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Appellate court held leave to refile should be granted where counsel identifies a formal defect, allowing refiling.
Civil Procedure — Order XXIII Rule 1(2) — Withdrawal with leave to refile — Formal defect or other sufficient grounds required — Discretion of trial court — Duty to give reasons (Order XX Rule 6).
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10 February 2026 |
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Court registered parties’ deed of settlement as consent judgment, ending all proceedings after payment of TZS 15,600,000.
Civil procedure — Court-ordered conciliation under Article 107A(2)(d) — Deed of settlement registered as consent judgment and decree — Effect: termination of pending proceedings and arrest order; costs each party to bear.
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9 February 2026 |
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A voluntary Deed of Settlement, once read and registered as a consent judgment, disposes of all related proceedings and has effect as a decree.
Civil procedure – Settlement and reconciliation under Article 107A(2)(d) – Deed of Settlement read in court – Registration as Consent Judgment – Effect: judgment and decree terminating underlying suit, enforcement proceedings and appeal – Parties to bear own costs.
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9 February 2026 |
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Out‑of‑time cautioned statement and unsourced audit report expunged; convictions for forgery and money laundering quashed.
Criminal law – admissibility of cautioned statements recorded out of time – expert/audit reports – requirement for underlying data and corroboration – necessity of primary documentary evidence (bank slips, statements, handover documents) – adverse inference for failure to call material witnesses – standard of proof beyond reasonable doubt – selective charging and fairness of prosecution.
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9 February 2026 |
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Conviction for statutory rape upheld; medical and witness evidence proved age, penetration and identity; cautioned statement expunged but appeal dismissed.
Criminal law – Statutory rape – elements: age, penetration, identity – child witness credibility (s.127(6) Evidence Act) – admissibility of cautioned statement (four‑hour rule) – expungement where arrest time not shown – appellate re‑evaluation of evidence.
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9 February 2026 |
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Whether the Labour Court may hear an application for condonation to file a labour complaint despite alleged non‑exhaustion of ELRA procedures.
Labour law – Organisational rights – Procedure for exercising organisational rights (ELRA ss.65–66) – Condonation and extension of time under Labour Court Rules (Rule 56) – Jurisdictional limits between CMA and Labour Court – Government Proceedings Act – Joinder of Attorney General – Special v general law conflict.
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9 February 2026 |
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Whether the Court may hear an extension-of-time application despite alleged failure to exhaust statutory labour dispute procedures.
Labour law - jurisdiction - extension/condonation of time (Rule 56) - organisational rights procedure (ss.65–66 ELRA) - CMA vs Court jurisdiction - prematurity/exhaustion of statutory remedies - Government Proceedings Act and joinder of Attorney General - special vs general law.
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9 February 2026 |
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Conviction quashed for failure to establish continuous chain of custody of seized wildlife trophies.
Wildlife offences – unlawful possession and dealing in government trophies; Evidence – chain of custody and continuity of exhibits; Perishable exhibits – handling, preservation and disposal; Appeal – appellate duty to re-evaluate defence evidence where trial court omitted to consider it.
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9 February 2026 |
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The applicant failed to prove the respondent unlawfully used his voice recording; suit dismissed with costs.
Intellectual property — Voice recording copyright — Requirement to prove ownership and actual use by the defendant; Evidence — Official public records (BRELA) vs unauthenticated website screenshots; Privacy and data protection claims contingent on proven use; Unjust enrichment and damages require established wrongful act; Costs follow event.
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9 February 2026 |
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Failure to inform accused of rights under section 234(2) CPA upon charge substitution vitiates trial; trial ordered de novo.
Criminal procedure — Amendment/substitution of charge (s.234 CPA) — Accused’s right to plead and to demand recall of witnesses — Failure to inform accused is a fatal irregularity — Trial de novo ordered.
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9 February 2026 |
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The respondent proved the Tsh 29,464,000 debt by written acknowledgements and witnesses; appeal dismissed and judgments affirmed.
Civil procedure – burden of proof – primary courts – proof on balance of probabilities; written acknowledgements of debt as evidence; forgery allegations require cogent proof or expert evidence; appellate review of evidence and credibility findings; costs awarded to successful respondent.
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9 February 2026 |
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Child’s credible testimony, supported by medical and eyewitness evidence, upheld conviction and mandatory life sentence.
Criminal law – Unnatural offence against a child – Child victim credibility and Section 127(6) Evidence Act – Medical corroboration (PF3) – Minor contradictions immaterial – Delay in arraignment without prejudice – Mandatory life sentence.
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9 February 2026 |
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Action based on a declaratory judgment was timely, but plaintiff failed to prove dispossession by the receiver manager.
Limitation — actions founded on a judgment attract a 12-year limitation period; Receiver manager — appointee under a debenture acts as agent of appointing bank; Proof — party alleging dispossession must produce contemporaneous documentary evidence; Adverse inference may follow failure to tender primary documents; Civil standard — balance of probabilities.
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9 February 2026 |
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A material variance between the charged date and evidence required amendment; failure to amend led to acquittal of the accused.
Criminal law – Murder – Elements of proof – Death by blunt force trauma; Charge particulars – Date of offence must be proved; Variance between charge and evidence – duty to amend under CPA; Failure to amend renders charge defective and may lead to acquittal; Postmortem evidence as proof of cause and approximate time of death.
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9 February 2026 |
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Conviction for incest and impregnating a schoolgirl sustained; wrong penalty citation cured and first‑count sentence reduced to twenty years.
Criminal law – Incest – Wrong citation of penalty provision curable where particulars disclose age and nature of offence – Medical evidence corroborative not mandatory in sexual offences – Victim’s credible testimony plus DNA corroboration can prove offence beyond reasonable doubt.
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9 February 2026 |
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Conviction quashed where burglary time, positive identification of stolen items and a true confession were not proved beyond reasonable doubt.
Criminal law – Burglary requires proof of night-time breaking; Identification of stolen property must include pre-seizure description/special marks and unbroken chain of custody; Cautioned statements amounting to confession must disclose all elements and be coherent and corroborated; Conviction cannot stand where material variances and insufficiencies render charge unproved.
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9 February 2026 |
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A prisoner's lack of access to certified trial records can constitute good cause to extend time to file an appeal.
Criminal Procedure Act s.382(2) – extension of time – good cause – failure to be supplied with certified judgment and proceedings – prisoner’s dependence on prison authorities to obtain court records.
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9 February 2026 |
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Ignorance of law and uncorroborated prison officer delay did not justify extension of time to file an appeal.
Criminal procedure – extension of time – section 282(2) CPA – sufficient cause – delay must be fully explained – ignorance of law not good cause – allegations against prison officers require corroborative affidavit – Lyamuya and Bushiri principles applied.
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6 February 2026 |
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Unsounded testimony of key prosecution witnesses renders their evidence inadmissible and warrants a partial rehearing, not acquittal.
Criminal procedure — Mandatory oath/affirmation under section 212(1) CPA — Evidence taken without oath inadmissible and to be discarded; Remedy — retrial/partial rehearing rather than acquittal; Medical evidence — clinical officer competent as medical practitioner under Medical, Dental and Allied Health Professionals Act; Fair hearing — proceedings under section 226(1) CPA and subsequent trial steps.
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6 February 2026 |
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Appellate court quashed conviction partly due to witnesses testifying without oath and ordered partial rehearing.
Criminal law – Evidence – Mandatory oath/affirmation under Section 212(1) CPA – Illegally received evidence to be quashed; remedy is retrial/partial rehearing – Competency of clinical officer as medical practitioner under Medical, Dental and Allied Health Professionals Act – Child sexual offence (unnatural offence).
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6 February 2026 |
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Applicant failed to show good cause for extension; delay inordinate and alleged illegality not apparent on record.
Labour law — extension of time (Rule 56) — applicant must account for every day of delay — inordinate delay (163 days) — illegality must be apparent on face of record to justify extension — absence of prejudice not sole ground to extend time.
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6 February 2026 |
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Application for extension of time dismissed for inordinate delay, failure to account days, and unproven illegality.
Labour law — Extension of time — Rule 56 Labour Court Rules — Applicant must account for each day of delay; technical delay requires bona fide, diligent prior proceedings; illegality must be apparent on the face of the record to justify extension; absence of prejudice alone insufficient.
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6 February 2026 |
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An appeal from a struck-out land application is incompetent and was struck out; no costs ordered.
Land law – Appealability – Struck out orders are not appealable; struck out (kuondolewa) ≠ dismissed – remedy is to refile a competent application; natural justice (audi alteram partem) when raising issues suo motu; costs discretion where court raises issue.
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6 February 2026 |
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Grant of probate to named executor where petition complied with statutory requirements and no caveat was filed.
Probate law – Grant of probate to executor named in will – Publication of general citation and absence of caveat – Executor’s duties: inventory, accounts and special Mirathi account under Probate Rules (Rule 105A).
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6 February 2026 |