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Citation
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Judgment date
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| August 2023 |
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The land tribunal properly determined ownership by customary inheritance and long possession; appeal against that decision dismissed.
Land law – Ownership disputes; Jurisdiction – Probate court versus District Land and Housing Tribunal; Customary inheritance and long possession (adverse possession); Assessors’ opinion – procedural compliance; Evaluation of evidence in land disputes.
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31 August 2023 |
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The Will was declared invalid for non‑compliance with customary formalities; land ownership must be litigated in a Land Court.
Probate and administration — validity of Will — compliance with Local Customary (Declaration) Order — witnesses' role and disqualification of beneficiaries as witnesses — requirement to state reasons for excluding heirs; land disputes distinct from probate — title to land must be determined by Land Court; appointment of administrators when Will invalid or family feud exists.
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31 August 2023 |
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Sale purportedly executed for a deceased person without letters of administration is void; appellant failed to prove ownership.
Land law; burden of proof in civil land disputes; admissibility and authenticity of sale agreements; transactions purportedly by or for deceased persons without letters of administration are void ab initio; requirement to plead and prove village allocation of land.
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30 August 2023 |
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Preliminary objection on limitation was improperly decided without annexures and factual evidence; appeal allowed and matter remitted.
Land law — limitation of actions — requirement to plead exemption under Order VII Rule 6 and section 21 Law of Limitation Act; preliminary objection — cannot dispose limitation issue without annexures and requisite factual evidence; cause of action — pleadings and annexures to be considered together; remedies — amendment, striking out, or remand for fresh hearing.
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30 August 2023 |
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Court granted leave to appeal on time-bar and attachment-of-order issues but refused leave on name-variance execution challenge.
Civil procedure – Leave to appeal to Court of Appeal – discretion to grant leave where arguable/novel points of law or matters of public importance. Appeals from Land Disputes Courts – time limitation under section 41(2) of the Land Disputes Courts Act and challenge to appellate jurisdiction. Appeal competence – requirement to attach order appealed for not mandatory at leave-to-appeal stage. Execution orders – name-variance challenge not necessarily a legal issue for the Court of Appeal.
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30 August 2023 |
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Clan appointment does not confer locus to sue; only court‑appointed administrators may represent a deceased’s estate.
Land law — Locus standi to sue in respect of deceased’s estate — Only court‑appointed administrator/executor may represent estate; clan or family meeting appointments do not constitute letters of administration — Civil Procedure Code, Order XXX Rule 1 — Competence of suit.
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30 August 2023 |
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Expunging an advocate’s affidavit without hearing the parties violates the right to fair hearing; order set aside and matter reheard.
Constitutional right to fair hearing – Article 13(6)(a) – natural justice – expunging affidavit suo motu without hearing parties – decision nullity – revision under s.43(1)(b) Land Dispute Courts Act – remedy: rehearing de novo.
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29 August 2023 |
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Interlocutory restraining application struck out as overtaken by events after the substantive land application was struck out.
Civil procedure – Interlocutory relief; interim injunctions – Mootness/overtaken by events where underlying substantive application is struck out – Preliminary points of law unnecessary to determine when main proceedings terminated.
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29 August 2023 |
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Applicant failed to prove ownership; respondent’s unchallenged documentary evidence established title; appeal dismissed.
Land law – ownership dispute – burden of proof in civil cases; evaluation of documentary evidence (receipts and title) – assessors’ opinions – requirement to record reasons when departing from assessors; procedural fairness and bias in tribunal hearings.
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29 August 2023 |
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Appellate court re-evaluates evidence, finds house matrimonial asset and reallocates shares to 40%/60% for unjust 25% award.
Law of Marriage Act – appeals from Resident Magistrate’s Court – competence of memorandum without extracted decree; Conciliation board certificate (exhibit P2) – validity and effect on jurisdiction; Matrimonial property – pre-marriage assets substantially improved during marriage; Division of matrimonial assets – assessment of monetary and non-monetary contributions; First appellate court re-evaluation of evidence; Reallocation of property shares (40%:60%).
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29 August 2023 |
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Appeal dismissed: allocation documents and interrupted possession defeat adverse possession claim; locus visit and government joinder unnecessary.
Land law – proof of ownership by allocation and documentary evidence; adverse possession – requirements and interruption of possession; locus in quo visits – exceptional and not mandatory; joinder of government authorities – necessary party only if facts show necessity; procedural defects – curable by overriding objective.
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28 August 2023 |
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Delay in receiving a corrected tribunal ruling, without proof or day-to-day accounting, did not constitute sufficient cause for extension.
Land law – Extension of time to appeal – Section 41(1) and (2) Land Disputes Courts Act – requirement to show sufficient cause. Procedural law – Accounting for each day of delay – need for documentary proof of efforts to obtain tribunal’s corrected ruling. Evidence – burden to produce receipts or corroborating proof when claiming delay due to court/tribunal actions.
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28 August 2023 |
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The plaintiffs’ suit was barred by res judicata because the same issues were previously finally decided by a competent court.
Civil procedure – Res judicata – Section 9 CPC – matter directly and substantially in issue previously decided between same parties; functus officio and jurisdictional challenge not determined once res judicata established; abuse of court process by re‑litigation.
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28 August 2023 |
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Appellant's conviction for unlawful possession of government trophy upheld; jurisdiction, search, inventory and proof found proper.
Wildlife law – Unlawful possession of government trophy (buffalo meat) – proof beyond reasonable doubt. EOCCA – requirement of DPP consent and certificate conferring jurisdiction. Search and seizure – validity under WCA and CPA; presence of independent/local witnesses. Inventory/disposal – admissibility of magistrate’s inventory without summoning where unchallenged. Criminal law – doctrine of recent possession; burden of proof remains on prosecution.
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28 August 2023 |
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A registered certificate of occupancy prevails over heirs' adverse possession claims; trespassers must vacate and pay costs.
Land law – Certificate of Right of Occupancy under land titles system – registration conclusive of ownership – minor defects in survey plan not fatal; Adverse possession – cannot be founded where alleged predecessor had no lawful title; Limitation – accrual of cause of action and timeliness of counterclaim in succession disputes; Remedies – eviction, permanent injunction and costs.
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28 August 2023 |
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Affidavit containing arguments, hearsay and defective verification is incurable; application struck out with costs.
Civil procedure – affidavits – Order XIX r.3(1) CPC – affidavit must state facts within deponent's knowledge; argumentative statements, legal argument, opinion and hearsay are impermissible; verification clause must distinguish personal knowledge and source of information – incurable defects render supporting affidavit and chamber summons incompetent – application struck out with costs.
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25 August 2023 |
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DNA testing is not mandatory in rape cases; credible child testimony corroborated by medical evidence can sustain conviction.
Criminal law – Rape – Proof of penetration and identity; DNA testing not mandatory; Child witness competence – section 127(2) Evidence Act – unsworn testimony admissible if promise to tell truth and understanding shown; Corroboration by medical evidence; Assessment of defence and minor contradictions.
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25 August 2023 |
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Extension of time to appeal juvenile custody decision refused for lack of demonstrated good cause and no apparent illegality.
Civil procedure — Extension of time — Discretionary relief requires good cause and relevant material to justify delay. Limitation — Section 19(2) Law of Limitation Act — Exclusion of days awaiting necessary court documents requires clear proof of when documents were supplied. Family/Child law — Custody decisions — Alleged illegality must be apparent on the face of the record to ground extension of time. Welfare of the child — Courts should consider prejudice and stability of the child when deciding applications affecting custody.
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25 August 2023 |
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25 August 2023 |
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Court stayed enforcement of CMA ex‑parte award pending determination of application to set aside dismissal.
Labour law — Stay of execution of CMA award — Ex-parte award and alleged lack of service — Pending application to set aside/dismissal restoration — Tests for stay: irreparable loss, nugatory outcome, balance of convenience, prima facie prospects of success.
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25 August 2023 |
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Appellant failed to tender evidence of purchase or prove jurisdictional defect; appeal dismissed for lack of evidence.
Land law – proof of ownership – requirement to tender sale agreement or admissible documentary evidence at trial. Civil procedure – appellate review – appellate courts cannot consider fresh evidence not tendered at trial. Jurisdiction – pecuniary jurisdiction must be pleaded and proved; burden lies on party alleging excess value. Evidence – locus in quo visits unnecessary where identity, boundaries and physical features are not in dispute. Relevance – police or criminal confirmations irrelevant to civil determination absent admissible trial evidence.
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25 August 2023 |
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Procedural recusal non‑compliance vitiated proceedings despite prosecution proving statutory rape corroborated by DNA.
Criminal procedure — Part-heard trial — Magistrate’s recusal and successor’s duty under s.214(1) CPA — failure to record reasons vitiates subsequent proceedings; Evidence — variance between charge and evidence on dates/place curable under s.234(3) CPA; Statutory rape — victim’s testimony and parent’s evidence establish age/status; DNA paternity as corroboration; Calling of witnesses — prosecution’s discretion; Minor inconsistencies/typographical errors not fatal.
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25 August 2023 |
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25 August 2023 |
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Leave to appeal granted on arguable points of law about locus in quo and pecuniary jurisdiction under the Land Act.
Land law — leave to appeal — discretionary test for certification of arguable points of law; jurisdiction — pecuniary jurisdiction of ward tribunal where value of land unknown; procedure — principles governing visit to locus in quo and impartiality of tribunal members; statutory compliance — requirements of section 64(1)(a),(b) of the Land Act (disposition of land).
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25 August 2023 |
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Court granted extension to appeal where prisoner lacked timely access to judgment and legal assistance.
Criminal procedure — extension of time to appeal — "good cause" — prisoner transfer and delayed supply of judgment — court's judicial discretion — non‑opposition by the Republic.
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24 August 2023 |
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Appellants' convictions quashed because malice, ownership and compensation were not proved beyond reasonable doubt.
Criminal law – Malicious damage to property: elements (malice/willfulness, proof of damage, ownership) and burden of proof beyond reasonable doubt; Land disputes – where ownership is contested or previously adjudicated, criminal courts must ensure the same land is in issue before convicting; Appellate review – limits on first appellate court determining land ownership in criminal appeals; Compensation – damages require proof or valuation.
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23 August 2023 |
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A fatal variance between the charge and consistent witness evidence, plus improperly admitted documentary exhibits, led to quashing of the conviction.
Criminal law – wildlife offences – material variance between charge and evidence (wildebeest v zebra) – failure to amend charge fatal; search and seizure – warrant not required in exigent patrol circumstances; documentary exhibits not read out – expunged; prosecution must prove guilt beyond reasonable doubt.
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23 August 2023 |
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23 August 2023 |
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Termination was substantively valid but procedurally unfair; applicant awarded ten months' compensation.
Labour law – unfair termination – substantive validity (poor performance, misconduct) versus procedural fairness – employer must prove communicated performance standards, warnings, guidance, investigation and opportunity to improve – failure to follow Rules 12, 17 and 18 GN No. 42/2007; remedy: compensation for unexpired contract (s40(1)(c) ELRA).
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23 August 2023 |
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An appeal does not stay execution absent an order, making subsequent tribunal decisions overtaken by events.
Land law – Execution v Appeal – Appeal does not stay execution absent an express stay order; execution carried into effect renders subsequent appellate decision overtaken by events; retrial/quashing for denial of hearing; concurrent proceedings at same tribunal.
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22 August 2023 |
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Applicants granted leave and a stay to challenge a presidential game‑reserve declaration by judicial review.
Judicial review – leave to apply for prerogative orders – requirement of an arguable/primafacie case, sufficient interest and compliance with limitation period. Administrative law – amenability of presidential/GN declarations to judicial review on irrationality, procedural impropriety and breach of natural justice. Interim relief – stay under Rule 5(6) to preserve status quo pending substantive judicial review.
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22 August 2023 |
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Leave to appeal refused: revision is no substitute for appeal and jurisdictional objections must be taken on appeal.
Appellate procedure – Leave to appeal – Requirement of prima facie grounds of general importance before grant of leave under s.5(1)(c) AJA and Rule 45(a) CART; revision is not a substitute for appeal. Civil procedure – Jurisdictional objection – Jurisdiction must be challenged by appeal to trial judgment, not raised in execution/revision proceedings. Revision practice – Trial court need not determine remaining grounds once other grounds dispose of the revision.
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22 August 2023 |
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A mortgaged property to a development bank is not liable to attachment and sale in execution; attachment and proclamation for sale lifted.
Civil procedure – execution – attachment and sale in execution – effect of prior mortgage interest on liability of land to attachment and sale. Office of the Attorney General Act – section 17(3) – referral of proceedings to High Court to enable Solicitor General/Attorney General to appear. Objection proceedings – concession by decree holder – lifting of attachment and proclamation for sale; no order as to costs.
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22 August 2023 |
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Failure to comply with Evidence Act s.127(2) led to expungement of child evidence and quashing of conviction.
Evidence Act s.127(2) – child witness procedure – need for preliminary questions to determine understanding of oath; hearsay inadmissibility – oral evidence must be direct (s.62(1)(a)); conviction unsustainable where child’s evidence is expunged and remaining evidence is hearsay and insufficient to prove offence beyond reasonable doubt.
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21 August 2023 |
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Applicant granted extension to file appeal after accounting for delay and showing arguable illegality.
Land law – extension of time to file appeal – Law of Limitation Act s.14(1) – application of Lyamuya guidelines. Civil procedure – affidavits/counter‑affidavits as prima facie evidence – need to controvert sworn facts. Delay due to non‑supply of judgment and arguable illegality as sufficient cause for extension.
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21 August 2023 |
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Preliminary objection alleging bad faith and closed probate raised factual issues; tribunal erred—case remitted for merit hearing.
Land law – preliminary objection – Mukisa test for pure point of law – bad faith and completion of probate are factual matters requiring evidence; Assessors need not opine on preliminary legal points; matter remitted for hearing on merits.
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21 August 2023 |
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Appellate court quashed conviction where trial court failed to convict before sentence and child’s evidence was improperly taken.
Criminal procedure – Requirement to convict before sentencing – Section 235(1) Criminal Procedure Act – failure to convict renders subsequent mitigation and sentence a nullity. Evidence Act – Child of tender age – Section 127(2) and (4) – failure to ascertain understanding before oath renders evidence invalid and of no evidential value. Criminal proof – Sufficiency of evidence – expunging child’s evidence may leave inadequate proof for rape; need for forensic linkage where pregnancy is sole corroboration. Remedy – Remittal vs acquittal – remitting for corrective judgment may cause injustice; court may quash conviction and order release.
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21 August 2023 |
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Court adopted parties’ deed of settlement ordering TZS 14,000,000 payment and discharging respondent upon payment.
Consent judgment – Adoption of deed of settlement by court; Settlement payment terms and designated bank account; Discharge of respondent from claims upon payment; Consent orders made executable as decree; Costs borne by each party.
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21 August 2023 |
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Bank’s auction and transfer breached court order and statutory requirements; sale invalid and bank ordered to refund purchase and pay damages.
Property law – sale by auction of mortgaged land – compliance with court orders and statutory transfer requirements – bona fide purchaser; Guarantor’s liability – notice of default – recovery measures; Land Registration Act s.51 (30‑day notice) – effect of non‑compliance; Remedies – refund, transfer costs, general damages and costs.
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21 August 2023 |
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Whether probate proceedings were closed when revocation was filed and whether the trial court was functus officio.
Appellate jurisdiction – certification under Appellate Jurisdiction Act s.5 – Probate and Administration: whether probate proceedings were closed when revocation was filed; functus officio doctrine; distinguishing points of law from factual or mixed issues; alleged misinterpretation of the 5th Schedule to the Magistrates Courts Act; res judicata unsupported.
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21 August 2023 |
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An ex-parte DLHT order must be set aside at the tribunal before seeking High Court revision.
Land law — District Land and Housing Tribunal — Ex-parte orders — Regulation 11(2) requires aggrieved party to apply to same tribunal to set aside ex-parte order before seeking revision or appeal — Limits on High Court revisionary jurisdiction under section 43 where ex-parte order unchallenged.
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18 August 2023 |
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Child-victim’s testimony improperly received and sentencing of an alleged juvenile offender was unlawful; convictions quashed.
Criminal law – sexual offences – child of tender age – requirements of section 127(2) Evidence Act for competence/promise; Penal Code s.160B – sentencing children; sufficiency of evidence where victim’s testimony excluded.
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18 August 2023 |
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Appellate court acquitted the appellant due to material contradictions and failure to prove the victim's age.
Criminal law – Rape/statutory rape – burden to prove victim's age; credibility of victim and corroboration; cross‑examination and oath formalities; appellate re‑evaluation of contradictions and material inconsistencies.
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18 August 2023 |
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Prosecution failed to prove causation, malice or common intention in alleged murder; accused acquitted.
Criminal law – Murder: elements of murder (cause, malice aforethought) – Proof beyond reasonable doubt; evidential value of incomplete post-mortem; circumstantial evidence standards; common intention under sections 22–23 Penal Code; variance in particulars and its prejudicial effect.
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18 August 2023 |
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Conviction for unlawful possession of government trophies quashed for insufficient proof, procedural defects and improper burden-shifting.
Criminal law – Unlawful possession of government trophies – requirement that prosecution proves possession beyond reasonable doubt; suspicion insufficient. Evidence – accomplice identification and hearsay: absent co-accused’s identification lacks evidential value without testimony or cautioned statement. Burden of proof – must remain on prosecution; trial court must not require accused to prove innocence. Procedure – search and seizure documentation; inventory and disposal of perishable exhibits: right to be heard and photographing exhibits as directed by PGO/Statute. Criminal procedure – variance between charge and evidence: need to amend charge under section 234 CPA to avoid prejudice.
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18 August 2023 |
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Applicant failed to show sufficient cause or account for delay; CMA rightly refused condonation and revision dismissed.
Labour law – condonation/extension of time – discretionary power – requirement to show sufficient cause and account for each day of delay; criminal prosecution as alleged cause of delay; onus to explain inaction; judicial review of CMA discretionary exercise.
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17 August 2023 |
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CMA award upholding half‑pay for extended sick leave affirmed; lawful loan deductions permitted; certificate of service ordered.
Employment law – Sick leave entitlement under s.32 Cap 366 – computation of paid/half‑paid sick leave; Labour disputes – CMA jurisdiction on deductions and staff loan repayments – s.28 Cap 366; Reliefs in revision of CMA awards – remission of award, entitlement to certificate of service.
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16 August 2023 |
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PF3 improperly admitted and expunged, but victim's credible testimony and medical evidence upheld; appeal dismissed.
Criminal procedure – non‑supply of informant's statement (s9(3) CPA) – curable under s388 if no demonstrated prejudice; Documentary exhibits – PF3 must be read aloud after admission; Sexual offences – victim's testimony may suffice; Medical evidence corroborative though PF3 expunged; Contradictions that do not go to the root are immaterial; Accused's right to call witnesses (s231(1)) satisfied where he opts to defend self.
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16 August 2023 |
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Court certified four legal points—jurisdiction, right to be heard, and absence of framed issues—for the Court of Appeal.
Appellate procedure – Certificate on points of law under s.5(2)(c) AJA – certification not automatic and court to frame/approve points. Probate and administration – jurisdiction of Primary Court vis-à-vis deceased’s religious status. Procedural fairness – right to be heard before appellate confirmation. Civil procedure – requirement for trial judgments to state issues for determination.
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15 August 2023 |
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Unexplained prolonged detention and unamended charge variances vitiated the conviction for armed robbery.
Criminal law – Armed robbery – identification evidence and multiple perpetrators; Criminal procedure – arrest without warrant, requirement to take arrested person before court within 24 hours/as soon as practicable (ss.30,32(1) CPA); Criminal procedure – inconsistency between charge sheet and evidence, amendment under s.234(1) CPA required; Defence evidence – alibi definition and requirement for notice; Conviction vitiated where detention unexplained and charge not proved beyond reasonable doubt.
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15 August 2023 |