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Citation
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Judgment date
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| December 2023 |
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Appeal dismissed: appellant failed to prove ownership; respondent’s unchallenged sale and bequest documents prevailed.
Land law — ownership dispute — burden of proof in civil claims — balance of probabilities (s.110 Evidence Act) — admission by non‑objection to documents — allegations of forgery require strict proof and higher degree of probability.
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29 December 2023 |
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Applicant's defamation claim dismissed: letters non‑defamatory and oral announcements protected by qualified privilege.
Defamation — libel and slander; publication to third parties; qualified (conditional) privilege for official communications; burden and standard of proof in civil defamation claims; limits on raising unpleaded issues and re-litigation where prior Industrial Court decisions exist; employment/secondment distinctions relevant but not re-decided in defamation proceeding.
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29 December 2023 |
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29 December 2023 |
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Revocation of the applicant's letters for failure to file inventory upheld; court appointed WEO as administrator where no close relatives.
* Probate law – Letters of administration – Revocation for failure to file inventory and final accounts within prescribed time.
* Probate law – Extension of time – effect of unsealed/after-the-fact letters; requirement of timely, properly communicated extensions.
* Locus standi – Distinction between sureties and heirs/beneficiaries in probate objections.
* Administration of estates – Appointment of impartial public officers (WEO/street-village chairperson or Administrator General) where no immediate relatives or family meetings fail.
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28 December 2023 |
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Malicious damage conviction upheld, but theft and compensation quashed for lack of evidence of the alleged stolen money.
Criminal law – malicious damage upheld on eyewitness evidence and prior admission; identification at night validated by corroboration; theft claim and compensation quashed for lack of proof; alibi notice under s.194 CPA not applicable to Primary Courts; limited interference in concurrent findings.
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28 December 2023 |
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Appeal dismissed except for partial adjustment to property division; custody and divorce findings upheld.
Family law – divorce – irreparable breakdown under section 107(2) LMA; custody – welfare of the child and presumption favouring mother under seven (section 125 LMA); evidence – adverse inference for failure to call witnesses; matrimonial property – proof and division of jointly acquired assets; reconciliation – role and certification by Conciliatory Board (section 104 LMA).
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27 December 2023 |
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An unexplained 21-month delay from arrest to arraignment breached EOCCA time limits and warranted quashing of conviction.
Criminal procedure – EOCCA s.29(1) – unreasonable delay from arrest to arraignment (21 months) vitiates prosecution's credence; accused entitled to benefit of doubt; conviction quashed.
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27 December 2023 |
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Appellant failed to prove joint acquisition; Kiteto properties presumed respondent's and not divisible as matrimonial property.
Matrimonial property — Division of assets — Section 114 Law of Marriage Act — Requirement to prove joint efforts and extent of contribution; Property acquired in one spouse's name — Section 60(a) presumption of ownership and burden to rebut; Proof and evidentiary standard on appeal in matrimonial asset disputes.
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22 December 2023 |
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Failure to show capacity as administrator was fatal; appeal dismissed but appellant granted leave to refile within 30 days.
Probate and administration – locus standi – appellant must establish capacity (administrator) when appealing; overriding objective principle – cannot override mandatory procedural requirements; court record presumptive accuracy; appeal against deceased – deletion from record must be reflected and can be cured; abandonment of grounds – unargued grounds are treated as abandoned.
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22 December 2023 |
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Where two conflicting sales exist, the earlier purchaser (the respondent) holds superior title; appeal dismissed with costs.
Land law – Competing sale agreements/double allocation – Priority principle: earlier transfer gives superior title; Evidence – admitted sale agreements and identical boundaries; Relief – appeal dismissed and costs awarded against the 1st appellant.
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22 December 2023 |
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Appeal: housebreaking and stolen-TV identification sustained for 1st appellant; 2nd appellant's conviction quashed for insufficient evidence.
Criminal law – house breaking and stealing; identification of exhibits (TV) by receipt and exhibits register; admissibility of exhibits – right to be heard; reliance on accomplice evidence and need for corroboration; appellate re-evaluation of sufficiency of evidence.
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21 December 2023 |
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High Court set aside trial court’s return of allegedly instrumental vehicle and directed proper forfeiture procedure under revisionary powers.
Criminal procedure — Forfeiture of property allegedly used in offence; Proceeds of Crime Act s.16(5)-(6); Revisionary power of High Court under s.373(1) CPA; Right to be heard and proof of service; Competence/standing of interested third party in criminal forfeiture proceedings.
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21 December 2023 |
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Court restored appeal, finding late supply of lower court records excused delayed submissions despite counsel’s non-appearance.
Civil procedure – reinstatement of dismissed appeal – failure to file written submissions – late supply of lower court record as sufficient cause – advocate’s duty to notify court/arrange cover – informal communications insufficient proof of diligence.
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21 December 2023 |
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Leave to appeal granted where arguable issues of costs and joinder raised matters of general importance.
Land law – leave to appeal under section 47(1) LDCA; discretionary grant of leave where issues are arguable or of general importance; costs orders and liability arising from execution; joinder of parties in appeal.
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21 December 2023 |
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Letters of administration procured without notifying immediate heirs were revoked; administration granted to immediate heirs.
Probate and Administration – revocation of letters of administration – concealment of existence of immediate heirs and failure to notify beneficiaries – s.49(1)(b),(c) PAEA; entitlement to administration – priority of immediate heirs over more remote descendants – s.33 PAEA; proof of forgery in civil proceedings.
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21 December 2023 |
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Disputes over execution of a decree (including bank transfers) must be decided by the executing court, not a separate suit.
Civil Procedure — section 38(1) CPC — questions arising from execution, discharge or satisfaction of decree to be determined by executing court; bank as "representative in interest"; separate suit incompetent.
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21 December 2023 |
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An executing land tribunal may not nullify a ward tribunal's decree; jurisdictional challenges require appeal or revision.
Land law — Execution of decree — Limits of executing tribunal's powers — District Land and Housing Tribunal cannot nullify ward tribunal orders during execution; jurisdictional defects must be challenged by appeal/revision/review — Reception of new evidence during execution.
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21 December 2023 |
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A bill of costs based on proceedings nullified on appeal cannot survive; striking it out was upheld.
Taxation — striking out bill of costs where underlying proceedings have been nullified on appeal; Civil procedure — appeal nullifying proceedings, judgment, decree and incidental orders; Preliminary objections — cannot support costs when main proceedings are voided.
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21 December 2023 |
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A district court's suo motu revisional order made in the primary court file after the 12‑month limit and without hearing is null and void.
* Probate & Administration — Revisional jurisdiction — district court must register revisional proceedings in district file and not make orders in primary court file. * Right to be heard — section 22(3) MCA requires affected parties be given opportunity to be heard; suo motu orders without hearing are nullities. * Time limitation — section 22(4) MCA bars revision after 12 months from termination of primary court proceedings. * High Court powers — section 44(1)(b) MCA to nullify irregular revisional orders.
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21 December 2023 |
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Appellant's appeal dismissed: court found discriminatory administration, breach of fiduciary duty, and upheld revocation of his letters of administration.
Probate and administration – revocation of letters of administration – right to be heard – admissibility of clan meeting minute – fiduciary duties of administrator – gender discrimination in distribution of estate – appellate procedure on grounds of appeal.
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21 December 2023 |
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Termination for ill health was procedurally and substantively unfair; general damages quashed, compensation and terminal benefits upheld.
Labour law – unfair termination for ill health – compliance with Rule 19 & 20 GN No. 42 of 2007 – necessity of reliable medical opinion from registered practitioner – admissibility and weight of medical reports – remedies under section 40 ELRA (reinstatement, re‑engagement, compensation) – general damages not a prescribed remedy.
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20 December 2023 |
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Inter vivos family distribution with subsequent possession can vest title without probate; appeal dismissing challenge to such allocation.
Land law – inter vivos distribution – allocation by deceased and subsequent possession can transfer title without probate; weight and admissibility of family meeting minutes; evaluation of competing minutes and credibility of coram.
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20 December 2023 |
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A tribunal must give parties an opportunity to be heard before deciding competence issues raised suo motu.
Procedure – competence of tribunal – suo motu raising and determination of issues – audi alteram partem and constitutional right to be heard; Land Disputes Courts Regulations – distinction between Regulation 11(2) and Regulation 15(a); Remittal for rehearing where parties not heard.
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20 December 2023 |
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High Court allowed challenge to DLHT execution order and overruled preliminary objection despite related appeal pending.
Land procedure — extension of time to file revision — jurisdiction to entertain revision of subsequent execution order despite related appeal pending at Court of Appeal; competence of application where stay of execution at Court of Appeal was available but applicant challenges re-opening of execution file.
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20 December 2023 |
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An appeal against a District Land and Housing Tribunal execution order is incompetent; the proper remedy is revision.
* Land law – Execution orders – Appealability – Execution orders of the District Land and Housing Tribunal are not appealable under S.38(1) of the Land Disputes Courts Act; remedy is revision. * Civil procedure – Competence – Jurisdictional objections may be dispositive and lead to striking out appeals. * Procedural fairness – Allegations of denial of hearing, improper service and reassignment not determined where appeal disposed for lack of jurisdiction.
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20 December 2023 |
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Child-witness procedural default invalidated her testimony, but corroborative eyewitness and medical evidence upheld the applicant's conviction.
* Evidence (child witness) - Requirement under section 127(2) TEA for a child of tender years to promise to tell the truth and not to tell lies; effect of non-compliance.
* Evidence (sexual offences) - scope and limits of section 127(6) TEA; cannot cure omission under s127(2).
* Criminal procedure - Succession of magistrates under section 214 CPA; requirement to inform accused of right to recall witnesses and prejudice test; curability under section 388(1) CPC.
* Evidence sufficiency - corroborative eyewitness and medical evidence can sustain rape conviction even where child witness evidence is excluded.
* Prosecution discretion - no fixed number of witnesses required; material witnesses to be chosen by prosecution.
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19 December 2023 |
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Appeal dismissed: concurrent findings upheld that respondent proved ownership by inheritance and appellant's evidence was weaker.
Land dispute – ownership by inheritance; burden and evaluation of evidence on balance of probabilities; locus in quo inspection; limitations on raising new grounds in submissions; Ward Tribunal judgment and legal reasoning.
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19 December 2023 |
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High Court upheld CMA finding of mutual termination; retrenchment procedures inapplicable and revision dismissed.
* Labour law – Termination by mutual agreement vs retrenchment (operational requirements) – proper statutory framework (GN No. 42/2007 Rule 4 vs Rule 23).
* Civil procedure – parties bound by pleadings; subsequent evidence may clarify real issue.
* Evidence – alleged duress/force to sign assessed against subsequent conduct (acceptance of benefits).
* Admissibility – documents from a non‑employer have no legal effect and may be excluded.
* Judicial review – absence of material irregularity or jurisdictional error precludes interference with CMA award.
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19 December 2023 |
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High Court allowed retraial opportunity where brief default, age and financial hardship justified setting aside dismissal.
* Civil procedure – extension of time – requirement to show good cause – court may exercise discretion where default was brief and appellant shows age and financial hardship.
* Procedural requirements – no absolute obligation to attach copy of the dismissal order when applying to the issuing tribunal.
* Evidence – burden of proof rests on the party making assertions (s.110 Evidence Act) – court to consider substantive justice in procedural applications.
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19 December 2023 |
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A pending notice of appeal on an administrator’s appointment divests the tribunal of jurisdiction over related land disputes.
Land law – Jurisdiction – Notice of appeal to Court of Appeal concerning appointment of administrator – Pending notice divests lower courts of jurisdiction to determine related estate/land disputes – Quashing of Tribunal proceedings.
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19 December 2023 |
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Where a trial court sentences before convicting, the judgment is invalid and proceedings must be quashed and remitted for proper conviction.
Criminal procedure — Sentencing without conviction — Paragraph 37(1), 3rd Schedule to Magistrates' Courts Act — Invalid judgment where no conviction entered — Remedy: quash judgment, nullify subsequent proceedings and remit record for proper judgment and conviction.
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19 December 2023 |
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Time for revision runs from service of the award; Attorney General’s intervention is not automatic and must be regularized.
Labour law – Revision of CMA award – time runs from service of award under s.91(1)(a) ELRA; Government proceedings – Attorney General’s intervention under s.6A GPA not automatic and requires statutory procedure (s.17 Cap.268); misjoinder not fatal but must be regularized.
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18 December 2023 |
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Appellant's convictions for stealing by agent and malicious damage upheld after appellate re-evaluation despite trial shortcomings.
Criminal law – stealing by agent – elements: entrustment and fraudulent conversion; malicious damage to property; evaluation of evidence and duty to consider defence; admissibility and reliance on cautioned statement; right to cross-examine witness; effect of non-consideration of final submissions.
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18 December 2023 |
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Child-witness testimony taken without competence testing must be expunged; remaining evidence insufficient to sustain conviction.
* Evidence Act s.127(2) — Child witness competence — trial court must test understanding of oath/truth; non-compliance renders evidence valueless and subject to expungement. * Sufficiency of evidence — medical proof of penetration does not identify perpetrator; hearsay/uncertain witness accounts insufficient to sustain conviction. * Conviction unsafe where decisive child evidence is expunged.
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18 December 2023 |
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District Court erred in using revisional powers to quash a Primary Court judgment; appeal allowed and trial court's decision restored.
Civil procedure — Revision vs appeal — Revisional jurisdiction not a substitute for appeal; failure to cross-examine admits adverse evidence; proof of value of second-hand goods may be established without receipts; execution by different magistrate under procedural rules permissible.
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18 December 2023 |
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Appeal allowed: purchaser failed to prove possession after auction and non-joinder/irregularities nullified the tribunal's judgment.
Land law – possession after sale at public auction – section 135(5) Land Act; Evidence – distinction between certificate of sale/auction report and actual possession; Civil procedure – necessary parties and non-joinder (SACCOS/auctioneer) affecting effectiveness of decree; Revisionary powers – quashing and setting aside tribunal proceedings.
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15 December 2023 |
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15 December 2023 |
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15 December 2023 |
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15 December 2023 |
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Accused convicted of manslaughter based on voluntary confession leading to discovery and last-seen circumstantial evidence; photographs excluded.
Criminal law – Homicide – manslaughter where death occurs in a fight; confession leading to discovery – admissibility and corroboration; circumstantial evidence and last-seen doctrine; exclusion of photographic evidence for non-compliance with committal/disclosure requirements (Criminal Procedure Act ss.246(2), 249(3)).
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15 December 2023 |
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Cautioned confessions corroborated by eyewitness and forensic evidence secured terrorism and harboring convictions against the accused.
* Criminal law — Terrorism — Detonating a hand grenade in public — offences under Prevention of Terrorism Act.
* Evidence — Admissibility of cautioned statements — compliance with CPA time limits and exceptions (s.50) — trial-within-trial.
* Evidence — Corroboration of repudiated confessions — role of eyewitness and forensic evidence.
* Criminal procedure — Defence of alibi — obligation to give notice (s.194 CPA); afterthought alibi may be rejected.
* Offence of harboring — elements proved by admission and supporting evidence.
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15 December 2023 |
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The court held the union's complaint was barred by res judicata and sustained the respondents' preliminary objection with costs.
Civil procedure – res judicata – section 9 CPC; prerequisites: identical issue, final decision, same parties/claim under same title – joinder of Attorney General and public interest does not defeat res judicata.
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14 December 2023 |
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Omission of victim’s age in a statutory rape charge rendered the trial unfair and the conviction a nullity.
Criminal law — Rape — Particulars of offence — Age as element under s.130(2)(e) and sentencing under s.131(3) — Omission of age in charge fatal and incurable; defective charge renders proceedings nullity; insufficiency of prosecution evidence and discretion against retrial.
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14 December 2023 |
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Failure to account for co-arrestee and broken chain of custody undermined proof beyond reasonable doubt.
Criminal law – Economic and Organised Crime Control Act – jurisdictional requirements for subordinate courts; Evidence – chain of custody of exhibits; Criminal procedure – failure to charge co-arrestee and its impact on proof; Criminal appeals – consideration of defence evidence and assessment of witness credibility.
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14 December 2023 |
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Conviction quashed where material contradictions and broken chain of custody left prosecution case unproved beyond reasonable doubt.
Criminal law – unlawful possession of government trophies; Evidence – contradictions among eyewitnesses; Chain of custody – inconsistent packaging descriptions and missing inventory; Disposal of exhibits – limits on chemist's power and need for disposal report or inventory; Identification – reliability of independent witness.
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14 December 2023 |
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The appellant's caveat was premature and unproven; the respondent's appointment as administrator was upheld.
* Probate and administration – caveat against proposed administrator – whether objections about non‑distribution before appointment are premature; burden on caveator to prove unfitness, reputation and capability of administrator.
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14 December 2023 |
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Revision was a competent remedy; district court erred suo motu, and the primary court's probate order on 13.5 acres is nullified.
* Probate law – revision versus objection proceedings – whether revision is competent where probate ruling affects non-party's proprietary rights; * Civil procedure – court raising new jurisdictional issues suo motu and duty to afford parties hearing; * Right to be heard – parties entitled to be heard before court adjudicates issues not previously argued; * Interpretation of prior judgments – primary court's misinterpretation of High Court/DLHT decisions affecting administration/ownership of land; * Jurisdiction of forums – land ownership disputes ordinarily for DLHT/land jurisdiction, not misused in probate rulings.
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14 December 2023 |
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Probate granted: petitioner met statutory requirements, no caveat filed, appointed executor and ordered to file inventory within six months.
Probate law – grant of probate where deceased died testate; compliance with statutory citation/publication requirements; absence of caveat; appointment of executor; redundancy of administrator pendente lite application.
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13 December 2023 |
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Striking out a taxation cause for non-appearance is a "decision" and may be challenged by reference to the High Court.
* Advocates Remuneration Order – Order 7(1)&(2) – reference to High Court against decisions of Taxing Officer.
* Taxation procedure – striking out for want of prosecution – constitutes a decision amenable to reference.
* Jurisdiction – competence of reference v. remedy of restoration – reference is competent where a taxing officer issues a decision.
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13 December 2023 |
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Conviction for grievous harm upheld; absconding justified ex parte trial and minor evidential lapses were not fatal.
* Criminal law – Grievous harm – proof of injury and identity of assailant; corroboration by eyewitness and medical evidence. * Criminal procedure – Ex parte proceedings and effect of accused’s default; applicability of sections 226 and 230 CPA. * Evidence – Admissibility and reading aloud of exhibits; non-tendering of alleged weapon and minor inconsistencies do not automatically vitiate conviction.
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13 December 2023 |