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Citation
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Judgment date
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| December 2018 |
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Court extended time to appeal where applicant showed sufficient cause and delay in obtaining certified judgment and decree.
Limitation law – extension of time to appeal under s.14(1) Law of Limitation Act; requirement to account for delay; necessity of certified copies of judgment and decree for lodging a memorandum of appeal; evidentiary value of payment slips and receipts; exercise of judicial discretion to extend time where delay caused by difficulty obtaining court-certified documents.
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27 December 2018 |
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An application to lift an attachment was struck out as a disguised stay of execution and procedurally defective.
Execution of decree – Attachment of property – Challenge to attachment – Proper procedure under Order XXI Rule 57 – Disguised stay of execution and abuse of process – Wrong citation/non‑citation of relevant provisions renders application defective.
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27 December 2018 |
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Partial annulment of sale where purchaser had notice of spouse’s equitable half‑share; assessors’ absence permitted under s23(3).
* Land Disputes Courts Act — s.23(3) — chairman may conclude proceedings where assessors who began hearing cease to be available. * Sale of unregistered land — equitable interests — purchaser takes subject to pre‑existing equitable rights if on notice. * Law of Marriage Act — spousal consent and matrimonial home — effect on dispositions. * Reliefs — partial nullification of sale and setting aside of damages where co‑ownership established.
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17 December 2018 |
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Delay caused by a trial court’s defective decree can justify extension of time to file an appeal.
* Extension of time – Law of Limitation Act s14(1) – sufficient cause – delays occasioned by defective court records issued by trial court may constitute sufficient cause.
* Law of Marriage Act s80 – appeal period and role of trial court in transmitting records; copies of judgment/decree not essential for initial filing.
* Procedural fairness – applicant not to be prejudiced by trial court’s omission to supply correct documents.
* Authorities – application of Lyamuya test and reliance on Rutagatina where defective documents delayed appeal.
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6 December 2018 |
| November 2018 |
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An affidavit containing hearsay about the applicant’s finances and lacking the drawer’s name was defective and the application was struck out.
* Election law – security for costs application – admissibility and competency of supporting affidavit. * Civil procedure – affidavits – Order XIX r.3(1): affidavits must be confined to deponent’s personal knowledge except where belief is permitted; hearsay inadmissible. * Verification clause – must disclose sources for matters on information or belief. * Advocates Act s.44(1) – mandatory endorsement of drawer’s name and address; omission renders document defective. * Constitutional discretion (Article 107A(2)(e)) cannot cure statutory non-compliance in affidavits.
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30 November 2018 |
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Plaintiff's belated claim to land registered in the deceased son's name failed due to acquiescence, estoppel and lack of proof.
* Land law – ownership dispute over Title No. 8625 – whether portion falls within administrator's estate.
* Probate/administration – competing administrators claiming same property under different estates.
* Evidence – witness testimony and locus in quo inspection confirming registration and physical unity of properties.
* Procedural – estoppel and limitation (delay/acquiescence) barring belated land claims; relief: dismissal, costs and perpetual injunction.
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30 November 2018 |
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A convicting judgment that fails to specify the offence and legal provision pursuant to s.312(2) CPA vitiates the conviction and must be quashed.
* Criminal procedure – Judgment writing – Section 312(2) CPA – Convicting judgment must specify offence, statutory provision and punishment.
* Non-compliance with statutory requirements of a judgment is fatal – conviction and sentence vitiated.
* Remedy – set aside judgment, quash conviction and remit file for a compliant judgment.
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28 November 2018 |
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Applicant failed to show sufficient cause for extension of time to appeal; application dismissed with costs.
* Civil procedure – extension of time – sufficient cause – applicant's sickness and prosecution of other proceedings – evidentiary requirement to produce supporting documents; internal inconsistency of pleaded dates undermines credibility.
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27 November 2018 |
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Extension granted: prison transfer and alleged late service/loss of notice constituted good cause to file appeal out of time.
* Criminal Procedure Act s.361(2) – extension of time – "good cause" requirement. * Filing Notice of Appeal – no mandatory requirement to attach judgment or proceedings to a notice. * Proof of late service or loss of filed documents – contextual assessment; transfers and prison officers' handling can justify delay. * Discretionary relief – court to exercise judicially and distinguish authorities on facts.
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23 November 2018 |
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Acquittal upheld where prosecution failed to prove knowledge, intent and preliminary hearing formalities were unmet.
* Criminal law – PCCB Act s22 – use of documents to mislead principal – elements: knowledge of falsity and intent to mislead. * Criminal procedure – CPA s192 – preliminary hearing memorandum must be read over and explained to the accused; failure bars deeming facts proved. * Burden of proof – prosecution must prove guilt beyond reasonable doubt; evidentiary gaps and failure to call key witnesses undermine conviction. * PCCB Act s31 (abuse of position) and s28(1) (embezzlement) – require proof of intentional advantage and misappropriation respectively.
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23 November 2018 |
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Court corrected a drawn order under s.96 CPC and certified a point of law on witness competence in title disputes.
* Civil Procedure Code s.96 — correction of clerical/accidental slips or omissions in drawn orders; limited remedial power.
* Leave to appeal — correction of drawn order to reflect grant of leave to appeal.
* Certification of point of law — court may certify issues for the Court of Appeal where omission occurred.
* Evidence law — certified question on competence of an interested party who did not defend to testify about passing title without first proving own title.
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23 November 2018 |
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An application was struck out for being incompetent due to imprecise citation of the enabling statutory provision.
Civil procedure — Probate and administration — Application for revocation of letters of administration — Wrong citation of enabling statutory provision (Section 49) renders application incompetent — Defective affidavit issue unnecessary where primary defect fatal — Application struck out.
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23 November 2018 |
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A court lacking jurisdiction to determine land ownership renders its proceedings, judgment and decree a nullity.
Jurisdiction – land disputes – ownership and disposition of land fall within forum established by Land Act and Land Disputes Courts Act (Cap 216 R.E.2002); proceedings by a court lacking jurisdiction are nullities.
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23 November 2018 |
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Application for letters of administration struck out due to materially inconsistent affidavit undermining applicant's entitlement.
* Probate and administration – application for letters of administration – applicant’s identity and relationship to deceased – material inconsistencies in affidavit – affidavit as substitute for oral evidence – credibility and entitlement to administration.
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23 November 2018 |
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Application for extension of time to seek leave to appeal dismissed as applicants’ delay was not adequately explained.
Civil procedure — extension of time to apply for leave to appeal — explanation for delay — awaiting copies of judgment — filing for copies made out of statutory time — insufficient excuse. Amendment to s.47(1) LCDA — retrospective effect contested but not determined by trial court.
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22 November 2018 |
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Typographical mis‑titling of a ruling and variance with the drawn order rendered the appeal incompetent; appeal struck out.
Civil procedure – defective form of judgment/ruling – typographical error in court title – correction under sections 95 and 96 CPC – variance between ruling and drawn order – appeal incompetence – striking out of appeal.
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22 November 2018 |
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Applicant wrongly sought extension of time under the Law of Limitation Act instead of the Land Disputes Courts Act; application struck out.
* Civil procedure — Extension of time to appeal — Whether Law of Limitation Act s.14(1) may be used to extend time to appeal decisions of the District Land and Housing Tribunal; * Statutory interpretation — Where a specific statute (Land Disputes Courts Act s.41(2) as amended) provides for extension of time, general limitation provisions do not independently confer the same relief; * Preliminary objection — Competency of proceedings and striking out incompetent applications.
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21 November 2018 |
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Voir dire abrogated; victims' ages were not proved and prosecution failed to establish rape and grievous harm beyond reasonable doubt.
* Criminal law – sexual offences – statutory/constructive rape – age of victim an essential element and must be proved by evidence; charge sheet not evidence. * Evidence – child witness testimony admissibility after promise to tell truth (voir dire under s.127(2) Law of Evidence Act abrogated by 2016 amendments). * Appeal – convictions must rest on strength of prosecution case, not weakness of defence; contradictions and gaps vitiate criminal conviction. * Criminal procedure – requirement to prove specific date/time/place where charged; failure may undermine prosecution case.
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21 November 2018 |
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Appeal allowed: conviction quashed for insufficient evidence, unreliable identification and no proof of possession.
Criminal law – Burglary and theft – Identification evidence – Reliability of visual ID at night – Recent possession doctrine – Failure to tender stolen property as exhibit – Proof beyond reasonable doubt.
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16 November 2018 |
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Court granted a temporary stay of execution pending determination of an application to set aside an ex parte judgment.
Stay of execution — pending application to set aside ex parte judgment — discretion under Order XXI CPC — balance of convenience and irreparable loss — right to be heard and protection of property.
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16 November 2018 |
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Court granted extension under s.11 AJA where a 16-day delay by an unrepresented applicant amounted to sufficient cause.
* Appellate procedure – Extension of time under s.11 Appellate Jurisdiction Act – applicant must show sufficient cause and account for each day of delay; unrepresented status may justify short delays.
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16 November 2018 |
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Court overruled objections: s11(1) AJA proper, omission of judge’s name not fatal, omnibus extension application allowable.
Practice and procedure – Extension of time to appeal – Section 11(1) AJA appropriate remedy; formality requirements for notices of appeal do not apply to chamber summonses; omission of judge’s name in chamber summons not fatal if decision with correct name attached; omnibus application permissible where prayers are related and not reserved for multi-judge determination.
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16 November 2018 |
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Plaintiffs' challenge to mortgage sale failed for lack of proof, but bank breached re-valuation clause and owes compensation.
* Mortgage and execution – auction of mortgaged property – adequacy of notice by newspaper publication – re-valuation clause in settlement agreement – breach for failure to re-value – measure of compensation (10% of sale price). * Inventory and movables – burden of proof to show movables remained and were wrongfully sold or withheld. * Eviction – allegation of forcible eviction rejected where debtor had notice of attachment and sale.
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16 November 2018 |
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Application to set aside dismissal dismissed for citing wrong provision, factual contradictions, failure to prosecute and lack of clean hands.
* Civil procedure – setting aside dismissal order – Order IX inapplicable to orders dismissing applications; inherent jurisdiction (s.95 CPC) should be invoked. * Evidence – written submissions cannot introduce factual allegations that materially depart from supporting affidavit. * Procedure – failure to file submissions may constitute failure to prosecute. * Equity – clean hands principle applies to relief from dismissal of proceedings.
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15 November 2018 |
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The court dismissed the plaintiff's suit as res judicata because ownership was conclusively decided in a prior case.
* Civil procedure – Res judicata – Applicability of section 9 CPC – Requirements: same parties or successors in title, same subject matter, same title, final determination, competent jurisdiction – Successor in title bound by prior judgment on ownership – Preliminary objection sustained and suit dismissed with costs.
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15 November 2018 |
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Failure to entitle a notice of intention to appeal "In the High Court" renders the criminal appeal fatally defective.
* Criminal procedure – Notice of intention to appeal – Entitlement of notice – Requirement that notice be entitled "In the High Court" under s.392 of the CPA – Failure to so entitle renders appeal fatally defective (see DPP v Sendi Wambura).
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14 November 2018 |
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Appeal dismissed: guilty plea was unequivocal and Child Act protections were inapplicable as the accused was an adult.
Criminal appeal – guilty plea – section 360(1) CPA – appeals generally barred against convictions on guilty plea except where plea is ambiguous or defective – plea ambiguity exception – applicability of Law of the Child Act – admissibility and corroboration by PF3 and cautioned statement.
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14 November 2018 |
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Appellate court set aside ex parte judgment for defective service and unauthorised representation of a local government authority.
Civil Procedure – setting aside ex parte judgment – burden to prove service lies on plaintiff – service to juristic persons governed by Order 28 r.2 CPC and s.199(1) Local Government Act – service proved by affidavit (Order 5 r.31 CPC). Representation – written statement of defence signed by unauthorised person invalid. Appeals – Principle Secretary doctrine permits condonation where illegality is involved.
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13 November 2018 |
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Trespass conviction upheld despite unexecuted civil decree; contempt conviction quashed for lack of evidence of enforced eviction.
* Criminal law – trespass to land – effect of prior civil decree and its non-execution on criminal prosecution for trespass. * Limitation law – inapplicability of civil limitation provisions to criminal prosecutions. * Contempt of court – requirement to prove existence and enforcement of eviction order; insufficiency of evidence on supervised eviction. * Procedure – locus in quo inspection unnecessary where the contested factual claim cannot be resolved by site inspection.
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13 November 2018 |
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Whether the High Court correctly held that probate proceedings were closed, qualifying as a point of law for appeal.
* Appellate Jurisdiction Act s.5(1)(c) & (2)(c) – certification for second appeal – distinguishing points of law from questions of fact and mixed questions.
* Probate and administration – revocation of letters of administration – whether primary court proceedings were closed when revocation was instituted.
* Mixed questions of law and fact – factual findings required before certification as point of law.
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13 November 2018 |
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A shareholder lacks locus standi to be joined for a company’s land claim; joinder would wrongly alter the suit, so application dismissed.
Civil procedure — Joinder of parties — Order I Rule 10(2) CPC — Locus standi of a shareholder to be joined for company’s interest — Separate legal personality — Res judicata inapplicable where parties or issues differ — Joinder that alters suit’s nature inappropriate.
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12 November 2018 |
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Court allowed appeal where trial magistrate dismissed suit for alleged illegality without affording appellant hearing.
Civil procedure – court raising point of law suo motu – right to be heard; Contract law – alleged illegality for lack of licence under Banking and Financial Institutions Act; Appeal – inadmissibility of new arguments raised first on appeal.
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12 November 2018 |
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Application for extension of time struck out: party misdescription (individual vs representative) is substantive, applicant lacked standing.
* Civil procedure – extension of time to appeal – locus standi – distinction between suing in individual capacity and as a representative; misdescription of parties substantive not clerical. * Party identification – correction of record required before pursuing remedies. * Binding precedent – strict approach to party names and capacities.
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9 November 2018 |
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Applicant’s extension application struck out because party description differed between proceedings (individual v. representative).
Civil procedure – locus standi – party description – individual capacity versus representative capacity – misdescription of parties – substantive defect v. clerical error – extension of time to file notice of intention to appeal – striking out for incompetence; reliance on Court of Appeal precedent.
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9 November 2018 |
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Rectification of probate to add alternative names denied for lack of evidence and improper use of revisional powers.
Probate law – Rectification of grant under section 48 – Errors in names require cogent evidence (deed poll/affidavit); limits on revisional powers under section 95 CPC to establish unascertained facts; reliance on death certificate and will as primary proof of name.
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9 November 2018 |
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Presumption of marriage requires proof of two‑year cohabitation and reputation; absent such proof, division order set aside.
Family law – Presumption of marriage (s.160(1) Law of Marriage Act) – Elements: cohabitation for two years+, reputation as husband and wife, no formal marriage – Burden of proof on party alleging presumption – Division of matrimonial property – Appellate interference where lower courts failed to evaluate evidence.
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9 November 2018 |
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A district land tribunal cannot execute a ward tribunal order it previously declared unexecutable; such execution is quashed.
Land law — Execution of ward tribunal orders — Competence of District Land and Housing Tribunal to execute ward decisions — Requirement of adequate land description — Doctrine of functus officio; Abuse of process; s.16(3) Land Disputes Courts Act.
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8 November 2018 |
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A defective charge that omits essential elements of armed robbery vitiates the appellant’s conviction.
Criminal procedure – Charge sheet particulars – Requirement under section 132 CPA to disclose essential elements of an offence – Armed robbery under section 287A Penal Code requires threat or violence directed to a person – Defective particulars that omit to whom threat was directed are incurable and vitiate conviction – Section 388 CPA not available to cure such defect.
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5 November 2018 |
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Court permitted amendment for defective verification and confirmed High Court jurisdiction over the claim and rectification relief.
* Land law – breach of contract and specific performance; rectification of land register – forum and jurisdictional limits. * Civil procedure – verification of plaint (Order VI r.15 CPC) – omission of date and place – curable defect. * Pecuniary jurisdiction – subordinate courts’ monetary limit (TZS 100,000,000) – High Court proper where claim exceeds limit.
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5 November 2018 |
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A wrong trial magistrate's name in the applicant's notice of appeal is not fatal if essential case particulars are correct.
Criminal procedure — Notice of intention to appeal from subordinate court to High Court — s.361(1) CPA prescribes time only — contents not prescribed — misnaming trial magistrate not fatal where parties, case number and subordinate court correctly stated — preliminary objection overruled.
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2 November 2018 |
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Whether cohabitation and customary rites established a marriage and if the child requires legitimization.
* Civil procedure – application for certificate on point of law with leave to appeal – whether cohabitation and customary rites established a marriage – presumption of marriage from prolonged cohabitation and community recognition – legitimacy and legitimization of child.
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2 November 2018 |
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Whether cohabitation gave rise to a customary marriage and whether the child requires legitimization.
* Family law – Existence of customary marriage – Presumption of marriage from period of cohabitation – Effect of conflicting factual findings on presumption. * Family law – Legitimization – Whether child born within wedlock or requires legitimization. * Appellate procedure – Certificate on point of law and leave to appeal where lower courts’ findings conflict.
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2 November 2018 |
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A defective charge sheet and lack of proof of conspiracy vitiated the convictions, leading to quashing of sentences.
Criminal law – Charge sheet/particulars – Defective charge where statutory reference contradicts particulars – Prejudice and fair trial; Criminal law – Conspiracy – Conviction requires proof of prior agreement; Procedural law – Incurable defects in charge depriving accused of gist of charge.
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2 November 2018 |
| October 2018 |
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Delay caused by awaiting judgment copies amounted to sufficient cause; extension of time to appeal granted for 30 days.
* Civil procedure – extension of time – sufficient cause – awaiting copies of judgment and decree can constitute sufficient cause. * Factors to consider: length of delay, reason for delay, prejudice to respondent, prospects of success – fact specific and not exhaustive. * Applicant unrepresented and residence may be relevant to reasonableness of delay.
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31 October 2018 |
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Primary Court lacked jurisdiction to try stealing by agent; High Court quashed convictions and ordered re-institution in competent court.
Criminal jurisdiction — Primary Court jurisdiction — First Schedule to Magistrates' Courts Act — offence not included in Part I — trial in absence of jurisdiction — revisional powers (ss.31(1), 29(b)) — quashing of judgment and re-institution in competent court.
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30 October 2018 |
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Conviction quashed for illegal cautioned statements and failure to prove possession and proper procedural safeguards.
* Criminal procedure – section 231 CPA – requirements before drawing adverse inference – failure to explain charge or record accused’s election invalidates adverse inference.
* Evidence – cautioned statements – four-hour statutory limit – statements taken outside limit expunged.
* Evidence – chain of custody – principle relaxed for items not easily tampered with (elephant tusks) but nexus to accused still required.
* Possession – recent/constructive possession – prosecution must prove dominion or control; mere presence in vehicle insufficient.
* Right to fair trial – opportunity to cross-examine adverse witnesses and corroboration of accomplice evidence required.
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30 October 2018 |
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Court granted 14‑day extension to apply for leave to appeal after bereavement and accident caused delay.
Extension of time – discretionary relief under s.11(1) AJA – sufficient cause; promptness, diligence, accounting for delay; bereavement and accident as grounds for extension; ex parte proceeding where respondent defaults.
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29 October 2018 |
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Appeal struck out as incompetent due to variance between the ruling and the drawn order; preliminary objection upheld.
* Civil procedure – Appeals – Competence of appeal – Drawn order dated differently from the court’s ruling – Material procedural variance renders appeal incompetent and liable to be struck out. * Preliminary objection – Appropriateness of raising competence objection where drawn order and ruling mismatch.
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29 October 2018 |
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Second appeal allowed on maintenance due to reliance on extraneous matters; asset distribution claim failed for lack of proof.
* Family law – divorce and maintenance – appellate review – second appeal limited to legal misdirection; extraneous considerations vitiate judgment. * Family law – matrimonial property – burden of proof on party claiming joint acquisition; documentary evidence and vendor testimony necessary. * Civil procedure – appellate jurisdiction – second appeal will not reappraise evidence unless lower courts misdirected on law.
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29 October 2018 |
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Failure to disclose ward tribunal membership renders proceedings void; appellate confirmation set aside and retrial ordered.
Land law – Ward tribunal composition – Section 11, Land Disputes Courts Act (Cap. 216) – omission to disclose names/number of members – fatal irregularity – want of jurisdiction – nullity – appellate confirmation of nullity infirm – remittal for retrial.
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29 October 2018 |