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Citation
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Judgment date
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| October 2023 |
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Applicant failed to show sufficient cause, technical delay, or facial illegality to justify extension of time for judicial review.
Extension of time – good cause – requirement to account for all period of delay – mere assertions of seeking legal aid insufficient. Technical delay – applicable where prior proceedings were struck out for incompetence; not established by mere change of procedural route. Illegality – must be apparent on face of record to ground extension of time; disputed factual/quantitative issues are not facial illegality. Law of Limitations Act s.14(1); judicial review procedure time limit (Rule 6, GN 324/2014).
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10 October 2023 |
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An incompetent condonation application should be struck out, not dismissed; High Court revised the CMA's dismissal order.
Labour procedure – condonation application – failure to file CMAF2 under Rule 11(1)(2) – incompetence of proceedings Civil procedure – distinction between striking out and dismissal of proceedings Revision powers – High Court may correct procedural misorders by substituting appropriate consequential orders
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10 October 2023 |
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High Court held the trial magistrate wrongly found lack of pecuniary jurisdiction and improperly dismissed the suit.
Civil procedure – Jurisdiction – Pecuniary jurisdiction of Magistrates' Courts v Primary Court; claim for refund of part payment may vest jurisdiction in Magistrates' Court. Contract – Variation/part payment – whether variation limiting claim to unpaid balance ousts jurisdiction to adjudicate related claims for refund. Procedural remedy – striking out/rejection of incompetent suits v dismissal for want of jurisdiction; dismissal implies disposal on merits.
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10 October 2023 |
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Appellant proved joint matrimonial assets but proven adultery (DNA) reduced her share to 35%, respondent 65%.
Matrimonial property division — proof of joint acquisition and contribution under s.114 Law of Marriage Act; non‑monetary contributions count; failure to cross‑examine estops party; proven matrimonial misconduct (DNA) reduces share; appellate interference with concurrent findings only when necessary.
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10 October 2023 |
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10 October 2023 |
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Valid sale agreements established purchaser’s title; adverse possession and name discrepancies did not defeat ownership.
Land law – validity of sale agreements; adverse possession and limitation – inapplicable where legal purchase is proved; buyer beware – due diligence and good title; identity discrepancies in documents – not fatal absent prejudice; evaluation of evidence and burden under Evidence Act (ss.110–111).
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9 October 2023 |
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Striking out a counterclaim central to the dispute denied the appellant the right to be heard; retrial ordered.
Land law – lease and sale disputes – counterclaim for rent – requirement that counterclaim arise from same subject-matter as main claim – right to be heard (audi alteram partem) – striking out counterclaim for minor amount discrepancy improper – retrial ordered.
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9 October 2023 |
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Execution proceedings cannot be used to quash a judgment; appeal or revision is the proper remedy.
Land law – execution proceedings – Whether execution is proper forum to challenge the merits or legality of a lower tribunal’s judgment – appeal or revision required. Civil procedure – non-joinder/necessary parties – objections by third-party purchasers should be raised before the executing tribunal. Civil procedure – extension of time to appeal – party alleging pending application must produce evidence in execution proceedings. Precedent – judgment cannot be quashed in execution proceedings.
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6 October 2023 |
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6 October 2023 |
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Court adopts deed of settlement; plaintiff’s purchase of extra land confirmed and 1st defendant ordered to place beacons and prepare Title.
Consent judgment – adoption of parties’ deed of settlement as court decree and enforcement Land law – purchase of additional land area and declaration of ownership Land administration – obligation to place beacons and prepare Title Deed after payment Costs – party to bear costs of obtaining title; each party to bear own litigation costs
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6 October 2023 |
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Application for certificate of point of law dismissed: alleged errors were either unproven, factual, or already decided as premature.
Appellate jurisdiction – certification of point of law under s.5 AJA and Rule 45 – requirement to show a legal issue for Court of Appeal consideration. Probate – appointment of administrator – discretionary and fact-sensitive considerations do not automatically raise points of law. Procedure – applicant must plead or produce documentary evidence to prima facie establish alleged court orders or legal errors.
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6 October 2023 |
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6 October 2023 |
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A tribunal must stay taxation proceedings when informed of a pending High Court application that may affect the bill of costs.
Taxation proceedings — Right to legal representation — Sanctity of court record — Effect of pending High Court application for extension of time on taxation — Duty to stay or defer taxation where related proceedings may render bill of costs otiose — Review and quashing of tribunal ruling.
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5 October 2023 |
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Extension of time refused for unexplained 112-day delay and non-apparent alleged illegalities.
Appeal — extension of time to file notice of appeal under s.11(1) AJA; technical delay vs actual delay; duty to account for each day of delay (Bushiri); alleged illegalities must be apparent on the face of the record to justify extension; financial difficulty requires particulars to be sufficient; exclusion of time spent pursuing applications (s.21 Law of Limitation Act).
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5 October 2023 |
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A party aggrieved by a CMA ex-parte award must first apply to the CMA to set it aside before seeking revision in the High Court.
Labour procedure – ex-parte awards – requirement to apply to CMA to set aside an ex-parte award before seeking revision. Employment and Labour Relations Act s.87(5) and Labour Institutions (Mediation and Arbitration) Rules r.29 – procedural prerequisites for challenging ex-parte awards. Principle of exhaustion of local remedies – cannot seek higher forum review where remedy at CMA remains available. Challenge to relief granted ex-parte – merits cannot be reviewed in revision until ex-parte award is set aside.
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5 October 2023 |
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Acquittal where identification parade defects and uncalled material witness rendered prosecution’s identification evidence unreliable.
Criminal law – Proof of identity – Identification parade – requirement of prior detailed description for reliable identification. Evidence – Hearsay – investigator’s testimony about statements of an uncalled witness inadmissible as direct proof. Criminal procedure – Duty to call material witnesses – failure weakens prosecution case. Onus of proof – prosecution must prove guilt beyond reasonable doubt; identity is essential element.
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5 October 2023 |
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Applicant granted 14-day extension to file bill of costs after court delayed supplying judgment copies.
Law of Limitation Act – extension of time to file Bill of Costs – reasonable/sufficient cause – late supply of judgment, decree and proceedings – section 19(5) exclusion of waiting period.
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4 October 2023 |
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Applicant failed to prove prima facie title or administrator status; injunction refused pending expiry of 90‑day notice.
Interim relief – maintenance of status quo – interim injunction – Atilio test: prima facie case, irreparable harm, balance of convenience – locus standi – letters of administration – probate evidence – title dispute – caveat and 90‑day notice.
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3 October 2023 |
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Extension of time granted where death, delayed notification and applicant's sickness constituted sufficient cause to seek judicial review.
Extension of time – sufficient cause – death of employee pending decision; late notification of decision; applicant's sickness as cause of delay; arguable illegality in disciplinary and appellate procedures – leave to apply for judicial review granted.
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3 October 2023 |
| September 2023 |
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A surviving spouse should be preferred as administrator in intestacy unless the applicant proves her unfitness.
Probate & Administration – appointment of administrator in intestacy – court’s discretion guided by relationship to deceased – preference for persons with immediate interest (surviving spouse). Burden of proof – objector must prove appointed person unfit or disqualified; unproven allegations insufficient to displace appointment. Administrator’s qualification – requirement of fidelity and reasonable diligence in collecting and distributing estate assets; co-administration not ordered absent necessity.
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29 September 2023 |
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Unproven sickness and non-apparent procedural irregularities did not justify extension of time to file revision.
Land law – extension of time – principles for grant: length of delay, reasons for delay, arguable case and prejudice – Mbogo v Shah. Extension of time – illegality as ground – must be of sufficient importance and apparent on the face of the record (Principle Secretary v Dervan Valambia). Sickness as ground – requires supporting medical evidence. Applicant must account for each day of delay (Bushiri principles). Procedural defects (case number omission, administrative errors) do not necessarily amount to face-of-record illegality.
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29 September 2023 |
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Application dismissed as time-barred and premature for failure to exhaust statutory appeal to the Minister.
Administrative law – Judicial review leave application – Time bar under rule 6 of GN No. 324 of 2014; Exhaustion of statutory remedies – Appeal to Minister under s.101(1) Cooperative Societies Act; Mandamus as discretionary remedy – court will refuse where alternative statutory remedies exist; Procedural non-compliance not considered once time and prematurity established.
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29 September 2023 |
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Leave to appeal granted where arguable issues exist on suit-land description and absence of Ward Tribunal records.
Civil procedure – leave to appeal – discretionary; granted where proposed grounds raise prima facie or arguable issues deserving appellate scrutiny. Land law – description of suit land – adequacy of boundary description at complaint/application stage may vitiate proceedings. Evidence/procedure – reliance on tribunal proceedings in absence of original records or certified true copies may raise justiciable issues.
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29 September 2023 |
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Trial in absentia was invalid where the accused had not pleaded to the amended charge and was not addressed under section 226(2).
Criminal procedure — Trial in absence — Section 226(1) and (2) C.P.A. — Requirement to arraign and obtain plea — Sections 228(1) and 234(2) C.P.A. — Amendment/substitution of charge — DPP consent and certificate — Non-compliance renders trial nullity — Retrial ordered.
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29 September 2023 |
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Review granted where suit was marked settled without written deed or consent judgment, restoring the case for mediation.
Civil procedure — Review under Order XLII Rule 1 — Error apparent on the face of the record — Marking a suit "settled out of court" without deed, consent judgment or decree — Written agreements cannot be varied by unrecorded oral settlements — Requirement to reduce subsequent settlements to writing to form enforceable consent judgments.
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29 September 2023 |
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A party to the original dispute cannot object to attachment under Order XXI Rule 57(1) CPC; application dismissed.
Execution — Attachment of property — Order XXI Rule 57(1) CPC — Applicability to third-party claimants/objectors only; party to original suit cannot object under Rule 57(1); objection proceedings not a forum to challenge decree or re-litigate status in underlying dispute.
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29 September 2023 |
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The petitioner appointed executrix after statutory publication, no caveat lodged, and satisfaction that she is fit to administer the estate.
Probate and Administration — Appointment of executrix — Compliance with statutory requirements and publication of citation — Absence of caveat or objection — Duty to exhibit inventory and file final account within six months.
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29 September 2023 |
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29 September 2023 |
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Appeal dismissed: new ground improperly raised; tribunal correctly found land was held as security, not sold; appellant failed to prove title.
Civil procedure – limitation – computation of days following grant of extension of time; exclusion of day of order under Law of Limitation. Appellate procedure – raising new grounds – prohibition on introducing new factual grounds in written submissions without leave. Evidence – hearsay – evidence of a witness who did not attend the decisive clan meeting inadmissible as primary proof. Land law – lien/security (dhamana) versus sale – title does not pass merely by custody or long occupation; proof required for transfer of ownership. Remedies – where land held as security, remedy is for recovery of debt, not automatic transfer of title.
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29 September 2023 |
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Unsigned contract did not negate confirmation; employer failed retrenchment procedures and CMA's 12‑month award upheld.
Labour law – probation and confirmation of employment – unsigned written contract does not negate confirmed status; Labour law – termination for operational requirements (retrenchment) – statutory obligations under s.38 ELRA and GN No.42/2007 (notice, disclosure, consultation, trade union involvement); Procedural fairness – failure to follow retrenchment procedures renders termination unfair; Compensation – CMA award of 12 months justified for procedural unfairness.
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29 September 2023 |
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Appeal allowed: rape and assault convictions quashed for failure to prove penetration and injuries beyond reasonable doubt.
Criminal law – Sexual offences – Rape – Element of penetration and lack of consent – victim’s testimony as primary evidence but must satisfy tests of truthfulness and, where possible, be corroborated by medical or other evidence. Criminal procedure – Evidence – Role and weight of medical reports (PF3) in sexual offence prosecutions. Evidence – Identification and chain of custody of exhibits – absence of seizure receipt does not automatically dispose of the case but gaps may weaken prosecution proof. Criminal law – Common assault – requirement to prove injury and causal link to accused; value of eyewitness or medical confirmation.
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29 September 2023 |
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27 September 2023 |
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Appeal allowed: identification gaps and un‑read PF3 undermined conviction; thirty‑year sentence noted illegal, release ordered.
Evidence — Sexual offences involving a child of tender years — requirement to assess credibility under section 127(6) and record reasons to convict on uncorroborated child evidence. Criminal procedure — reading of charge at preliminary hearing — not mandatory under section 192 CPA; omission not fatal. Evidence — section 127(2) — substantial compliance accepted where court records that child promised to tell the truth. Documentary evidence — failure to read admitted exhibit (PF3) to the accused is a fatal irregularity; exhibit expunged. Identification — importance of identification parade and testimony of parade supervisors; failure undermines proof of identity. Sentence — mandatory life imprisonment under section 154(2) where sexual offence committed against a child under ten.
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27 September 2023 |
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Minor procedural defects did not defeat conviction: credible victim testimony, corroboration and medical evidence proved rape.
Criminal law – Rape – Proof of penetration – victim's testimony as primary evidence and medical corroboration. Evidence – Identification – voice identification and corroboration; prompt reporting and same‑day arrest. Criminal procedure – Variance between charge and evidence as to place – minor variance curable under section 388 CPA. Evidence – Procedural irregularity – alleged defects in witness testimony (speech impairment) do not vitiate proceedings if record shows proper examination. Evidence – Failure to call investigator – absence not fatal; quality of evidence prevails over number of witnesses.
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27 September 2023 |
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Applicants granted 30 days' extension to file execution for CMA award after prolonged attempts to pursue revisions since 2009.
Labour procedure – Extension of time to file execution – Rule 56(1) Labour Court Rules – accounting for delay – exclusion of time under s.21 Law of Limitation Act – discretionary relief in interest of justice.
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27 September 2023 |
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Court granted letters of administration to the deceased's son after publication and no objections, setting inventory and account deadlines.
Probate and Administration – Grant of letters of administration – intestate estate – publication of citation and absence of objections – appointment of interested heir as administrator; filing of inventory and accounts within specified timeframes.
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27 September 2023 |
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Leave to appeal refused where no arguable point of law and the matter is res judicata.
Leave to appeal – requirement of an arguable point of law – Harban Haji Mosi test; res judicata – prior final determination bars re-litigation; proof of land ownership – factual/probative issue not constituting point of law.
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26 September 2023 |
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Extension granted because apparent illegality on the record justified extension despite unexplained delay.
Land law – Extension of time under s.41(2) Land Disputes Courts Act; grounds for extension – sickness versus apparent illegality on the face of the record; locus standi of respondent (administrator status); time-bar (12 years); right to be heard; authorities: Devram Valambia, Kashinde Machibya, Bruno Wenceslaus.
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26 September 2023 |
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High Court quashed juvenile court enforcement for premature execution, procedural irregularities and improper use of police.
Juvenile law – enforcement of custody and maintenance orders; premature execution vs. right of appeal; supervisory jurisdiction under s.79 CPC; protection of child welfare; improper use of armed police in enforcement; enforcement orders must be directed to parties, not non-parties (school).
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26 September 2023 |
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Longstanding possession supported respondent's ownership on the balance of probabilities; appeal dismissed and DLHT decision upheld.
Land dispute — proof of ownership on balance of probabilities; adverse possession — distinction between noting long possession and invoking adverse possession doctrine; damages — specific damages must be pleaded and proved, costs awarded when pleaded; appellate restraint on re‑assessing trial credibility.
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26 September 2023 |
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Appellant failed to prove village allocation and did not call material witness; appeal dismissed.
Land law – proof of ownership – burden and standard of proof under section 110 Evidence Act; village land management – role of Village Council in demarcation and reconciliation; failure to call material witness – adverse inference (Hemed Said principle); sufficiency and weight of evidence in civil land disputes.
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25 September 2023 |
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Extension of time granted where prisoner’s transfer and delayed supply of appeal documents constituted reasonable cause.
Criminal procedure – extension of time to lodge appeal under section 361(2) Criminal Procedure Act and Law of Limitation Act – transfer of prisoner and delayed supply of judgment and proceedings as reasonable cause – enlargement of time granted (14 days).
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25 September 2023 |
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Applicant failed to account for each day of delay; extension of time to file Notice of Appeal denied.
Extension of time – Appellate Jurisdiction Act s.11(1) – requirement to account for each day of delay – reassignment and missing cause list not shown to justify delay – discretion to grant extension depends on promptness, length of delay, prejudice and arguable illegality.
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25 September 2023 |
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Appeal dismissed as time‑barred where petition on its face challenged DLHT decision and no condonation was sought.
Land law – Appeals from District Land and Housing Tribunal exercising original jurisdiction – statutory 45‑day limitation under section 41(2) LDCA – requirement to seek extension of time if delayed. Civil procedure – preliminary objection on limitation – competence of appeal determined from the face of the petition and its title. Procedural law – misdescription/clerical error in pleadings – overriding objective cannot override mandatory procedural time limits. Law of Limitation – remedy for time-barred appeal is dismissal unless condonation sought and granted.
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22 September 2023 |
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Employer conduct (roster, past renewals) created a legitimate expectation of renewal; termination found unfair; CMA award upheld.
Employment law – fixed‑term contract – reasonable/legitimate expectation of renewal – employer conduct (prior renewals; academic roster) – payment of dues/clearance certificate does not bar unfair termination claim – 12 months' compensation upheld.
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22 September 2023 |
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Extension of time granted and leave to appeal allowed where awaiting court records caused delay and vendors' minority raises an arguable issue.
Land law – extension of time – technical delay awaiting court records – time excluded in computation; Appellate procedure – leave to appeal – granted where grounds show prima facie/arguable issue; Capacity to contract – alleged minors – arguable issue for appeal.
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22 September 2023 |
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Court granted 14-day extension to file leave application, accepting JSDS malfunction and short delay as sufficient cause.
Civil procedure – Extension of time – court's discretionary power – factors: account for delay, length, diligence, and apparent illegality. Electronic filing – Judicial Statistical Data System (JSDS) malfunction as potential ground for delay. Procedure – non-joinder/misjoinder – whether striking out was proper to be determined by appellate court. Evidence – admissibility and weight of advocate's affidavit where court officer's affidavit absent.
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22 September 2023 |
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Ward Tribunal lost jurisdiction after procedural amendment; its and the appellate tribunal's decisions were quashed.
Land law – Jurisdiction of Ward Tribunal – Written Laws (Miscellaneous Amendment) (No.3) Act 2021 – amendment limiting Ward Tribunals to mediation and requiring certification – retrospective application of procedural law – acts done without jurisdiction are nullities – revisional powers under s.43(1)(b) LDCA – referral to competent forum.
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22 September 2023 |
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Change of chair without reasons and unrecorded assessors' opinions vitiated proceedings; retrial ordered.
Civil procedure – change of judicial officer – Order XVIII r.10(1) CPC; successor judge must record reasons for taking over or proceedings vitiated; Land Disputes – assessors' opinions – s.23(2) LDCA and Reg.19(2) require written opinions read in parties' presence; failure to record or read assessors' opinions is fatal; remedy – quash proceedings and order retrial.
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22 September 2023 |
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Failure to file an affidavit verifying facts under Rule 5(2)(d) rendered the leave application incompetent and it was struck out.
Judicial review — leave to apply for prerogative orders — Rule 5(2)(d) Law Reform Rules — affidavits verifying facts mandatory — affidavit must depose facts (not mere verification or legal argument) — defective affidavit renders application incompetent and is struck out.
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21 September 2023 |