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Citation
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Judgment date
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| December 1994 |
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Conviction for theft by a public servant quashed where key documentary evidence was unauthenticated and reasonable doubt existed.
Criminal law – Theft by public servant – Burden of proof – Conviction unsafe where material documentary evidence is unauthenticated and defence raises reasonable doubt; appellate power to quash.
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28 December 1994 |
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Admission of an unrelated hearsay village letter rendered the conviction unsafe; acquittal warranted for lack of proof.
Criminal law – Evidence – Improper admission of hearsay/outsider letter – Relevance and authorship – Conviction unsafe where prosecution fails to prove guilt beyond reasonable doubt.
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23 December 1994 |
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Customary/deemed rights of occupancy are constitutional property; extinguishment without fair compensation and ouster of courts is unconstitutional.
* Land law — Customary/deemed rights of occupancy — Whether such rights are "property" under Article 24 of the Constitution — held to be constitutional property. * Constitutional law — Deprivation of property — Compensation required for value added to land, not limited to unexhausted improvements (Nyerere Doctrine). * Administrative/constitutional law — Ouster of courts — Statutory provisions excluding ordinary court jurisdiction unconstitutional; tribunals must be subject to judicial oversight. * Statutory interpretation — Severability — Invalid provisions to be struck down, remainder retained where separable. * Transitional effect — Prior extinction by subsidiary legislation not revived by subsequent constitutional protections.
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21 December 1994 |
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Conviction for cultivating in a forest reserve quashed where statutory declaration and Gazette publication were not proven.
* Criminal law – Forest Ordinance – declaration of forest reserve – mandatory statutory requirements (publication in Official Gazette, notice period, compensation) – failure to prove compliance vitiates conviction.
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21 December 1994 |
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Conviction for robbery with violence quashed where prosecution failed to prove theft and evidence was inconsistent.
Criminal law – Robbery with violence – Proof of theft element – Evidence inconsistent where alleged stolen property not recovered – Conviction quashed for failure to prove case beyond reasonable doubt.
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19 December 1994 |
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Conviction unsafe where court relied on uncorroborated accomplice evidence and inference from the accused’s position.
Criminal law – accomplice evidence – admissible but court must warn itself of dangers and seek corroboration; uncorroborated accomplice evidence may render conviction unsafe. Criminal law – inference from position/opportunity – mere opportunity or presumed awareness of missing stock insufficient to prove guilt beyond reasonable doubt. Appeal allowed; conviction quashed.
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14 December 1994 |
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Application for certiorari and mandamus dismissed because the supporting affidavit failed to disclose sources and grounds of belief.
Administrative/constitutional review — certiorari and mandamus; Affidavit evidence — must disclose sources and grounds of information and belief; Order XIX Rule 3(1) Civil Procedure Code — affidavits confined to personal knowledge except limited interlocutory exceptions; Defective affidavits render applications incompetent.
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13 December 1994 |
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Application to set aside arbitral award dismissed where respondent company had been struck off and ceased to exist as a legal person.
* Arbitration – Enforcement – Making arbitral award a decree – Whether an award can be made a decree and enforced against a company struck off the register.
* Company law – Striking off – Effect of striking off on legal personality and capacity to give instructions or be represented in legal proceedings.
* Procedure – Adjournment – Counsel without instructions because client dissolved cannot properly obtain indefinite adjournment; may be permitted to assist as amicus curiae.
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13 December 1994 |
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Application to set aside an arbitration award dismissed where the respondent company had been struck off and proceedings abated.
Arbitration – enforcement – application under s.11 Arbitration Ordinance to make award a decree; Company law – struck-off company ceases to be a legal person – abatement of proceedings; Civil procedure – representation and adjournment where client no longer exists; Enforcement – whether an award against a struck-off company can be made a decree and enforced.
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13 December 1994 |
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Village allocation cannot divest a long-standing occupant without lawful process; tribalistic judicial bias vitiated the decision.
Land allocation – village land allocation committee – possessory rights of long-standing occupant – abandonment of licensee does not automatically extinguish occupier’s rights – administrative deprivation of land – judicial bias – tribalistic remarks vitiating judgment.
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8 December 1994 |
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Appellate court misappreciated evidence and misdirected on alleged delay; Primary Court decision restoring appellant’s title reinstated.
Civil procedure – appeal – appellate court’s duty to properly evaluate evidence and credibility; lease versus ownership of land; misdirection by appellate magistrate on delay/inaction; restoration of trial court judgment.
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8 December 1994 |
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Absence of mandatory s.101 conciliation certificate renders divorce proceedings void despite credible cruelty findings.
Family law – Divorce – Mandatory referral to Marriage Conciliation Board and certificate under s.101 Law of Marriage Act 1971 – Exceptions and ‘extraordinary circumstances’ – Failure to comply renders proceedings void; appellate review – credibility findings of trial court generally respected.
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8 December 1994 |
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Statutory amendments make offences under the Dangerous Drugs Ordinance non-bailable, so the court cannot grant bail.
* Criminal law – Dangerous Drugs Ordinance – Unlawful possession of cocaine – Designation as an economic offence under the Economic and Organised Crime Control Act – Statutory prohibition on granting bail (s.35(3)(9) as amended).
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7 December 1994 |
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Appeal dismissed: accused seen and arrested at scene convicted; insufficient identification evidence quashed convictions of co-accused.
* Criminal law – unlawful wounding – identification evidence – conviction proper where accused seen committing the act and arrested at scene – insufficient identification for co-accused arrested later and acquitted. * Evidence – identification on dark night – need for specific description and corroboration, including police reporting.
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6 December 1994 |
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Revision succeeds in quashing dismissal for want of prosecution, but amendment and injunction relief in revision are refused.
Civil procedure — Revision under s.44 Magistrates Courts Act — limitation and commencement of time for revision — dismissal for want of prosecution — scope of revisional jurisdiction; Pleadings — amendment of plaint not permissible via revisional original jurisdiction; Injunctions — extension of long‑standing injunction must be sought from the issuing court (Order XXXVII, rule and GN 508/1991).
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6 December 1994 |
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Appeal allowed: house must be sold and proceeds divided under s.114, not limited to plot value.
Matrimonial property division – Cohabitation deemed marriage (s.160) – Contributions to construction on spouse’s land – Proper remedy under s.114 Law of Marriage Act: sale of house and division of proceeds.
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6 December 1994 |
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3% costs scale under G.N. 515/1991 applies to liquidated claims, not chambers injunctions; bill taxed at Shs.60,590/=
Costs — Taxation of bill of costs — Applicability of 3% scale (G.N. 515 of 1991) — Distinction between summary/liquidated claims and chambers injunctive applications — Advocate’s remuneration under section 11 — Proper service on company by P.O. Box and attendance of manager.
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5 December 1994 |
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Allegations of witchcraft and persistent quarrels justified dissolving the marriage as irretrievably broken down.
Matrimonial law – Divorce – Irretrievable breakdown of marriage – Allegations of witchcraft and resulting persistent quarrels as basis for dissolution; Evidence and failed reconciliation; Appellant’s failure to raise substantive grounds on appeal.
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2 December 1994 |
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A third-party notice must disclose sufficient facts about the plaintiff’s and defendant’s claims; insufficiency warrants dismissal.
Civil procedure — Third party notice — Requirements under Civil Procedure Code — Notice must state nature of plaintiff's claim against defendant and the defendant's claim and reliefs against third party — Failure to disclose sufficient facts justifies dismissal with costs.
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1 December 1994 |
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Court stayed suit for failure to refer dispute to arbitration under a binding contractual arbitration clause.
* Arbitration – Arbitration clause – Clause 39 in contract requires referral of disputes to arbitration before court litigation. * Civil procedure – Preliminary objection – Suit held premature for non-referral to arbitration. * Arbitration Ordinance (Cap 15) – Section 6 – Stay of proceedings where arbitration agreed.
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1 December 1994 |
| November 1994 |
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Reliable identification and rejected alibi supported conviction and affirmation of the prescribed 30-year sentence for armed robbery.
Criminal law – Armed robbery – Identification evidence where witnesses knew accused and there was lamp light – Alibi disproved – Elements of armed robbery (weapons, multiple assailants, theft) – Statutory minimum sentence.
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22 November 1994 |
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Applicant’s request for certification of a point of law refused where appeal was time‑barred and no evidence of judicial error on Limitation Act consideration.
Appellate procedure — requirement for High Court certification of point of law under s.5(2)(c) Appellate Jurisdiction Act; Limitation Act s.19(2) — exclusion when computing appeal time; Magistrates' Courts Act — time for appeals; procedural compliance — certified copy and reasons for leave out of time; remedy by review versus certification.
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17 November 1994 |
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Dispute over ownership of 25 coconut trees: court finds only six belong to the respondent; appellant to compensate.
* Land allocation by village authority – relevance to subsequent dispute over produce of trees on allocated land
* Ownership of trees – whether trees planted after allocation belong to landholder or claimant
* Weight of evidence – assessors entitled to act on village official’s testimony
* Relief – appropriation of respondent’s trees and assessment of compensation by primary court
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15 November 1994 |
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High Court revised and set aside a District Court judgment obtained largely on affidavit, ordering the matter reopened for proper hearing.
Civil procedure – Revision of lower court proceedings – Ex parte judgment entered on affidavits – Adequacy of proof for awards of special damages – Limitation/extension of time – Natural justice and error on face of record warranting revision under s.44(2).
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15 November 1994 |
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Bill of costs found at lowest scale and taxed at Shs. 52,060 after no objection by the debtor.
Costs – Taxation of bill of costs – Instruction fees, attendance costs and filing fee claimed – No objection by debtor – Bill found to be at the lowest scale and taxed accordingly.
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11 November 1994 |
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10 November 1994 |
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An Industrial Court decision rejecting a trade dispute without a hearing and unsupported by evidence was quashed and remitted for proper adjudication.
* Labour / Industrial law – trade dispute – jurisdiction of Industrial Court – effect of alleged presidential action on jurisdiction – requirement to follow procedural provisions of the Industrial Court Act and to observe natural justice when rejecting a referral.
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10 November 1994 |
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The applicant's land claim dismissed where municipal survey and compensation records showed valid allocation and payment.
Land — survey and allocation of urban plots — validity of municipal survey maps (B1, B2) — adequacy of compensation for unexhausted improvements — evidentiary weight of municipal Director's affidavit.
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8 November 1994 |
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An appeal was struck out because the Primary Court lacked jurisdiction over a dispute concerning registered land, rendering lower judgments nullities.
* Jurisdiction — Primary Court — no jurisdiction to determine title to registered land under Land Registration Ordinance Cap 334 and Magistrate’s Courts Act 1984
* Registered land — certificate of title establishes registration
* Proceedings — Primary Court and subsequent District Court decisions entertaining registered land disputes are nullities
* Appeal — incompetent appeals founded on jurisdictionally defective proceedings are struck out
* Relief — lower courts’ orders set aside; no order as to costs; status quo maintained
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8 November 1994 |
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Administrator bound by consent order to deposit Tsh.5 million and allow sale; obstruction is abuse of process and contempt of court.
Probate and administration – sale of estate property on beneficiaries’ prayer – consent order enforcement – abuse of court process – limits on administrator’s conduct and court’s power to direct or revoke administration.
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8 November 1994 |
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Court found respondent’s contribution to the matrimonial home credible and remitted valuation to determine fair division.
Matrimonial property – division of property acquired during cohabitation; evidence and credibility of contribution claims; necessity of valuation to determine current market value before apportioning shares; appellate review of inadequate monetary awards.
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4 November 1994 |
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Leave granted to file suit in District Court for unregistered land dispute; unopposed application allowed and costs awarded.
* Civil procedure – leave to institute proceedings – matters concerning unregistered land – requirement under Section 63 of the Magistrates' Courts Act, 1984 to file in District Court; * Unopposed chamber applications – absence of counter‑affidavit and non‑attendance of respondent; * Costs awarded to successful applicant in unopposed application.
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4 November 1994 |
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Filing an authenticated tribunal order and serving notice on the tribunal are mandatory before RM’s court may enforce it.
Rent Restriction Act s.48 – enforcement of Regional Housing Tribunal determinations – filing of duly authenticated copy and service of notice on Tribunal are mandatory conditions precedent to RM’s court enforcement; lack of proof of service renders enforcement null; once complied with, RM’s court need not await tribunal’s record transmission.
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3 November 1994 |
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2 November 1994 |
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Appeal allowed where alleged private sale of unsurveyed village land was unproven and failed statutory written-disposition requirements.
Land law – Disposition of right of occupancy – Unsurveyed rural land – Requirement of written disposition and approval under Land Ordinance (Cap.113) and Land Regulations – Burden of proof on claimant to establish lawful sale by documentary and village authority endorsement – Appeal allowed where respondent failed to prove sale.
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1 November 1994 |
| October 1994 |
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Applicant convicted of theft granted bail pending appeal due to weak prosecution evidence and reasonable prospects of success.
Criminal procedure – Bail pending appeal – Granting bail where trial evidence is weak and there are reasonable prospects of success on appeal; conviction in absence (s.227) noted – Conditions of bail (monetary bond).
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25 October 1994 |
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Appeal dismissed for lack of standing; disputed appointment of administrator must be challenged by objection proceedings in the Primary Court.
Civil procedure – succession law – appointment of administrator by Primary Court – locus standi to appeal where appellant was only a witness – proper remedy is objection proceedings in the Primary Court to challenge appointment or contested will/beneficiaries.
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24 October 1994 |
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Court granted declaratory relief but dismissed large special damages for inadequate pleading and insufficient evidential support.
* Contract/loan agreement – declaratory relief – entitlement to declaration of non‑breach.* Pleading and proof – special damages must be specifically pleaded and supported by documentary/vouched evidence; cannot be established solely by ex parte affidavit. * Civil procedure – consequences of defendant’s default; limits of ex parte proof and affidavit evidence for monetary claims.* Costs – successful party entitled to costs where appropriate.
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24 October 1994 |
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Appeal dismissed: respondent proved ownership; district court inspection proper and fresh evidence on appeal rejected.
* Land law – proof of title by purchase – vendor and witness testimony – identification of boundaries.
* Civil procedure – site inspection by trial court – right to attend and procedural fairness.
* Appellate procedure – inadmissibility of fresh evidence on second appeal – photocopy of right of occupancy not admitted.
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18 October 1994 |
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Second appeal dismissed; factual findings that appellant encroached on respondent's land upheld.
* Land law – boundary dispute – evidence of boundary markers (Kapok trees) and witness testimony establishing ownership and encroachment; * Civil procedure – second appeal – appellate interference with findings of fact limited where no point of law raised.
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14 October 1994 |
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First appellant's convictions for fraudulent false accounting upheld on handwriting evidence; second appellant's convictions quashed for lack of proof.
Criminal law – fraudulent false accounting and stealing by servant; Identification evidence – handwriting identification admissible under s.49 Evidence Act; Proof of authorisation – prosecution must prove participation or exceeding authority; Conviction of alleged accomplice requires evidential link to scheme.
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12 October 1994 |
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Preparatory and incidental costs reasonably incurred before proceedings may be taxable; objection to striking items 1–36 refused.
Civil procedure – taxation of costs – whether preparatory/incidental costs incurred before formal proceedings or leave are recoverable – objection to striking items from bill of costs – application of Gibson’s rule on pre-proceeding costs.
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11 October 1994 |
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Decree holder’s bill taxed ex parte; court reduced claimed instruction fee and fixed total at Shs. 300,000/=
Costs — Taxation of bill — Ex parte taxation where judgment debtor fails to attend despite service; assessment and reduction of claimed instruction fees; application of Advocates Remuneration and Taxation of Costs Rules, 1991.
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7 October 1994 |
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Appellate court improperly found adverse possession absent supporting evidence; trial court’s decision restored and appeal allowed.
Land law – disputed possession – failure to prove contract of sale – adverse possession – appellate court substituted unsupported observations for trial findings – appellate decision set aside and trial decision restored.
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7 October 1994 |
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Executing court may only grant a temporary stay to enable application to the court of first instance or appellate court.
Civil procedure – Order XXI Rule 24(1): executing court’s power to stay execution is limited to a temporary stay to enable application to the court of first instance or appellate court; executing court cannot stay execution pending final determination by an appellate tribunal. – Time limitation: filing date evidenced by Exchequer Receipt establishes timeliness.
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7 October 1994 |
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Driver negligence established; owner vicariously liable; medical expenses proven, claimed loss of earnings rejected for lack of proof.
* Negligence – motor vehicle accident – driver’s failure to control vehicle – vicarious liability of owner/employer.
* Damages – special damages must be strictly proved by evidence (receipts, hospital records) – unproven loss of earnings rejected.
* Personal injury – compound fracture, laceration, permanent disability – entitlement to general damages for pain and suffering and loss of amenities.
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7 October 1994 |
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An appeal filed after the 45‑day statutory period and in the wrong registry is time‑barred and must be dismissed.
* Family law – appeals from subordinate court – statutory 45‑day time limit under s.80(2) Law of Marriage Act; mandatory nature and consequences under s.3(1) Law of Limitation Act. * Procedural law – venue/registry – requirement to file memorandum of appeal in subordinate court per s.80(1) and Rule 37(1)(c) Matrimonial Proceedings Rules (GN No.136/1971). * Failure to seek extension or comply with filing rules results in dismissal.
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7 October 1994 |
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Conviction upheld on credible identification; juvenile was improperly sentenced to imprisonment, replaced by conditional discharge and compensation ordered.
* Criminal law – Robbery with violence – Identification evidence: neighbours, daylight, credibility of eyewitnesses.
* Juvenile sentencing – Children and Young Persons Ordinance – s.22(2) prohibits imprisonment unless no other suitable measures.
* Sentencing procedure – trial court must consider non-custodial measures for young offenders; appellate court may correct sentencing error.
* Compensation – appellate power to order restitution where trial court omitted to do so (statutory compensation).
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5 October 1994 |
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Application for extension of time to appeal dismissed for inordinate delay and lack of medical proof for claimed illness.
Extension of time to appeal; delay must be reasonably explained; inordinate delay; medical proof required to substantiate illness as excuse; absence at delivery of judgment insufficient without supporting evidence.
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5 October 1994 |
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Trial held in appellant's absence while in custody without being brought to court warranted quashing and retrial.
Criminal procedure — Trial in absence — Accused in custody — Whether accused was brought to court — 'Good cause' under Criminal Procedure Act — Conviction quashed and retrial ordered.
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5 October 1994 |