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Citation
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Judgment date
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| December 2009 |
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An appeal is incompetent if the memorandum lacks the Industrial Court award; such award is treated as equivalent to a decree.
Civil procedure — appeals: requirement to attach copy of decree/award to memorandum of appeal (Order XXXIX r.1 Civil Procedure Code); Industrial Court awards equivalent to decrees for appeal purposes; failure to attach award renders appeal incompetent — remedy: striking out; requirement to consider revision to full bench under s.28 Industrial Court Act.
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17 December 2009 |
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An appeal from the Industrial Court must include a copy of the award; absence renders the appeal incompetent.
Industrial Court – appeal procedure – memorandum of appeal must be accompanied by copy of award (equivalent to decree) – Order XXXIX r.1 Civil Procedure Code – competency of appeal – revision to full bench under Industrial Court Act – striking out defective appeal.
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17 December 2009 |
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14 December 2009 |
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A caveat supported by an affidavit sworn abroad is incompetent if not authenticated under Evidence Act s.93 at the time of filing.
Evidence Act s.93 – Authentication of affidavits sworn abroad; foreign service/diplomatic certificates; timing and contemporaneous certification. Probate procedure – competency of caveat supported by defective affidavit; rule 115A(1) (amendment/filing fresh documents). Civil procedure – preliminary objections and points of law must be raised with leave and in accordance with court orders.
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11 December 2009 |
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Revision application was time-barred; court allowed 30 days to file a proper application for extension of time.
* Labour law – setting aside CMA arbitration awards – time limits under s.91(1)(a) ERA – six-week limitation period.
* Civil procedure – jurisdiction to extend statutory or rule-based time limits – Labour Court Rules (rule 56(1), rule 24, rule 55(2)).
* Procedural requirements – need for a proper application supported by affidavit demonstrating good cause for delay before an extension will be granted.
* Effect of withdrawing before CMA or using wrong forum – does not of itself cure time-bar or confer jurisdiction.
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11 December 2009 |
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Interim restraint on transfer of land title granted to prevent applicant's irreparable loss pending civil revision.
Civil revision – interlocutory injunction – temporary restraint on transfer of land title – Registrar of Titles – urgency and irreparable harm – balance of convenience – S.68(e) Civil Procedure Code – joinder of third party deferred – service and inter partes hearing.
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10 December 2009 |
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Applicant granted leave to sue a public corporation insurer over motor-vehicle injuries; costs ordered in the cause.
Public corporations – leave to sue – section 9(1) Bankruptcy Act and section 43 Public Corporations Act; consent by respondent; motor vehicle accident; insurer; costs in the cause.
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7 December 2009 |
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Respondent proved supply of goods and entitlement to Tshs.20,050,000; the trial court's Tshs.10,000,000 damages award was set aside.
* Sale/supply of goods – proof of supply – invoices and payment voucher as evidence
* Forgery allegation – burden to prove forgery; calling company officials to dispute signatures
* Damages – distinction between general damages for inconvenience and costs; improper award of separate general damages
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2 December 2009 |
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Court stayed execution and granted leave to file and pursue out-of-time appeals after a timely notice was struck out for technical defects.
Civil procedure – stay of execution pending leave to file out-of-time notice of appeal; decretal sum as substratum of appeal; affidavit by counsel and strict proof; leave to file notice of appeal out of time where original timely notice struck out for party description/legal capacity; leave to appeal out of time after withdrawal with liberty to refile.
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2 December 2009 |
| November 2009 |
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Extension of time granted to appeal Industrial Court decision; delay in obtaining decision and change of counsel were sufficient cause.
* Extension of time – Law of Limitation Act s.14(1) – sufficient cause: delay in obtaining judgment copy and securing new counsel.
* Industrial Court Act s.28 (as amended by Act No.11 of 2003) – appealability of Industrial Court decisions to the High Court.
* Judicial discretion – grant of extension where reasonable explanation for delay provided.
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26 November 2009 |
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Leave to appeal refused because an extension application citing non-existent law left the court improperly moved.
Civil procedure — competence of application — wrong or obsolete citation of statutory provisions — effect on whether court is properly moved; extension of time — requirement of a competent application for filing submissions out of time; leave to appeal — necessity of an arguable point of law before Court of Appeal; retrospective extension — cannot be granted where no valid application exists.
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16 November 2009 |
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Contractual commission clause barred recovery on debts not actually collected; plaintiff’s other fee claims unproven, suit dismissed with costs.
Contract interpretation — commission-only payment clause; entitlement to commission on uncollected debts; evidential burden to prove commitment and legal-fee payments; necessity of documentary proof (receipts, bills).
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6 November 2009 |
| October 2009 |
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Appeal allowed where district court dismissed appeal as time‑barred without affording appellant opportunity to be heard.
Limitation of actions – suo motu raising of limitation by appellate court – natural justice – right to be heard before dismissing appeal as time‑barred – section 19(2) Law of Limitation Act (exclusion of time for obtaining proceedings) – order for de novo hearing.
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30 October 2009 |
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Applicant’s failure to file court-ordered submissions amounted to abandonment; leave to appeal dismissed with costs.
• Civil procedure – Chambers summons for leave to appeal – Application under Land Disputes Courts Act, Appellate Jurisdiction Act and Court of Appeal Rules.
• Civil procedure – Notice of Appeal – timeliness and alleged registrar delay; withdrawal of notice.
• Civil procedure – Failure to comply with court-ordered timetable for written submissions – deemed abandonment of arguments and ground for dismissal with costs.
• Practice – Court may dismiss applications where parties fail to prosecute or comply with directions (citing Maria Rutarabamu v National Housing Corporation).
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27 October 2009 |
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23 October 2009 |
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High Court grants bail in Economic Crimes case, holding half-value cash-deposit mandatory but shareable among co-accused.
Economic crimes – Bail – High Court jurisdiction under s.29(4) and s.36(7) of Economic Crimes Act – Mandatory half-value cash deposit under s.36(4)(e)/36(5) – D.P.P. need not file affidavit to verify charge-sheet amount – Sharing of mandatory deposit among jointly charged accused permitted.
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9 October 2009 |
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Interim injunction granted to prevent respondent selling competitors' petroleum using applicant's equipment pending trial.
* Civil procedure – Interlocutory injunction – Applicant must show serious question to be tried, irreparable injury, and balance of convenience.
* Contract law – Retail agreement and exclusivity – breach by outsourcing and use of supplied equipment for competitors' products.
* Remedies – Loss of market share may constitute irreparable harm not adequately compensable by damages; injunction appropriate pending determination.
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6 October 2009 |
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An application for certiorari, mandamus or prohibition is not a "suit" under s.106 and need not comply with the one‑month notice.
Administrative law — judicial review — certiorari, mandamus, prohibition — not "suits" under s.106 Local Government (Urban Authorities) Act — one‑month notice requirement inapplicable — distinction between civil suits and administrative review proceedings.
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5 October 2009 |
| September 2009 |
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Court granted six-month injunction against eviction where expired lease, s.82(1) protection and triable issue over recovery of improvement costs existed.
Land law – Temporary injunction – Prima facie case and balance of convenience – Statutory tenancy and s.82(1) Land Act – Recovery of improvement costs – Effect of correspondence and undertakings by lessor.
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30 September 2009 |
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Court refused further extension to file a counter-affidavit but ordered the application to set aside dismissal to be heard.
Civil procedure – setting aside dismissal for non-appearance; extension of time to file affidavits; failure to file counter-affidavit does not automatically dispose of application; adjournments and interests of justice; hearing on merits required.
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24 September 2009 |
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Appeal struck out as incompetent due to a defective decree bearing a date inconsistent with the judgment; counsel must seek registry correction.
Civil procedure — appellate jurisdiction — preliminary objection on record defects — decree bearing a date different from judgment pronouncement — incompetency of appeal; duty of counsel to check and rectify defective judgment/decree.
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22 September 2009 |
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Revocation of estate administrator denied where no breach proved; administrator to continue and distribute estate.
Probate — Revocation of administrator — Alleged undervaluation and bad faith — Requirement to prove breach under s.49(1) Probate and Administration of Estates Act — Inventory filed and equal distribution proposed — Marginal valuation differences not evidence of misconduct.
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18 September 2009 |
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Application for leave to seek prerogative orders against the Attorney General was time-barred and dismissed.
Administrative law — Prerogative orders (certiorari, mandamus) — Mandatory joinder of Attorney General at leave stage (Law Reform Act s.18(1)) — Limitation for leave to apply to quash decisions six months (Law Reform Act s.19(3)) — Effect of adding party: proceedings against added party begin on service (Order I r.10(5)) — Failure to comply with limitation period: dismissal.
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17 September 2009 |
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Application for prerogative orders dismissed as time‑barred for failure to comply with mandatory joinder and six‑month limitation.
Prerogative orders – certiorari and mandamus – mandatory joinder of Attorney General at leave stage (Section 18(1) Law Reform Act) – statutory limitation six months for leave (Section 19(3)) – addition of parties (Order I r.10(5) CPA) does not revive expired limitation – dismissal for time‑barred application.
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17 September 2009 |
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A dispute arising from termination of employment is a trade dispute for the Industrial Court; High Court lacks original jurisdiction.
* Civil procedure — Jurisdiction — court may raise jurisdiction sua sponte; jurisdictional objection can be raised at any stage. * Employment law — Termination/non-employment — constitutes a 'trade dispute' under the Industrial Court of Tanzania Act. * Exclusive jurisdiction — Industrial Court has original jurisdiction over trade disputes; High Court lacks original jurisdiction in such matters. * Remedy — Suit arising from termination of employment is to be brought under statutory Industrial Court procedures; improper High Court proceedings are struck out.
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17 September 2009 |
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High Court lacks original jurisdiction over termination-of-employment trade disputes; the plaintiff's suit was struck out with costs.
* Labour law – termination of employment – trade dispute – "non-employment" includes termination/redundancy under Industrial Court Act; such disputes fall within Industrial Court's exclusive original jurisdiction. * Civil procedure – jurisdiction – can be raised suo motu or at any stage; court must decline jurisdiction where matter is assigned to specialized tribunal.
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17 September 2009 |
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Minister for Labour's decision must be executed as a decree with Labour Officer calculations; treating execution as a suit is a nullity.
* Labour law – Security of Employment Act – Minister's decision enforceable as decree (s.28) – execution procedure under Order XXI r.20 CPR. * Execution – filing Minister's decision with Labour Officer calculations – court hears disputes on amounts before executing decree. * Civil procedure – improper treatment of execution as suit renders proceedings nullity.
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16 September 2009 |
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16 September 2009 |
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Court disallowed impounded fish and diplomatic mission sureties for bail and enforced mandatory Criminal Procedure Act conditions.
Criminal procedure – Bail – Mandatory conditions under Section 148(5)(e) & (6) Criminal Procedure Act – Proceeds of crime cannot be used by accused as bail security – Diplomatic missions cannot be compelled to stand surety – Prematurity of seizure legality challenge at committal stage.
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11 September 2009 |
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Cash deposit is mandatory for bail in economic offences involving property over ten million shillings; High Court set strict bail conditions.
* Jurisdiction – Economic and Organized Crime Control Act – bail applications where property value exceeds ten million shillings lie with the High Court, not subordinate courts.
* Bail conditions – statutory requirement of cash deposit (half the value) and security by bond for offences involving property over ten million shillings is mandatory after legislative amendment.
* Procedure – recognizance bonds, surety property verification and valuation, surrender of travel documents, and remand until conditions met.
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9 September 2009 |
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High Court has exclusive bail jurisdiction for offences involving over Shs.10 million; statutory cash deposit is mandatory.
* Criminal procedure – Bail under the Economic and Organized Crime Control Act – High Court jurisdiction where value exceeds ten million shillings; mandatory cash deposit requirement under amended statute (Cap. 200 R.E.2002, s.36(4)(e)). * Precedent superseded – earlier case holding deposit discretionary is no longer good law after legislative amendment. * Bail conditions – cash deposit, substantial bonds, sureties, surrender of travel documents, leave restrictions.
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9 September 2009 |
| August 2009 |
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Whether Arbitration Rules mandate petition form for leave-to-appeal when Arbitration Act contains no appellate procedure.
Arbitration Rules 1957 – applicability limited to matters under Arbitration Act; leave to appeal – governed by Appellate Jurisdiction Act and Court of Appeal Rules where Arbitration Act is silent; procedural form (petition/title) mandatory only for matters within Arbitration Act.
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28 August 2009 |
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Notice to vacate was sufficient; owner’s eviction of unlawful occupier lawful and theft allegations unproven, suit dismissed with costs.
* Employment/retrenchment – notice to vacate – sufficiency of notice for eviction
* Property law – possession and trespass – owner’s right to evict unlawful occupier
* Procedure – eviction by institutional auxiliary police and timing of eviction
* Evidence – unproven allegation of theft absent contemporaneous report or corroboration
* Remedies – dismissal of baseless claims and costs awarded to successful defendant
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27 August 2009 |
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A supporting affidavit with an undated/defective jurat is fatal, rendering the application incompetent and struck out with costs.
Affidavit — defective verification clause and undated jurat — non‑compliance with s.8 Notaries Public and Commissioners for Oaths Act — affidavit invalid; application incompetent; non‑endorsement under Advocates Act raised but not decided.
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19 August 2009 |
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Damages must be specified and special damages supported by documentary proof; appeal upheld on those grounds.
Damages – general vs special – special damages must be specifically pleaded and proved (Order VII r.7) – medical expenses require records and bills – court must specify nature of award.
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17 August 2009 |
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An application for judicial review is incompetent if it fails to cite the correct statutory enabling provision.
Judicial review – leave to apply for certiorari and mandamus – competence – mandatory requirement to cite correct enabling statute and section (Law Reform (Fatal Accidents and Miscellaneous Provisions) Act, Cap. 310 R.E.2002, s.18) – wrong citation renders application incompetent.
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17 August 2009 |
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Applicants failed to show sufficient cause to set aside dismissal for want of prosecution after unsubstantiated claim of clerk's misdirection.
Civil Procedure — Order IX Rule 4 — setting aside dismissal for want of prosecution — requirement to show sufficient cause — allegation of clerical misdirection requires corroboration — absence of supporting affidavit weakens claim; procedural defect in chamber summons raised but left undecided.
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11 August 2009 |
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11 August 2009 |
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Leave to appeal granted; leave stage does not require a merits determination of the intended appeal.
* Appeals — Leave to appeal under s.5(1)(c) Appellate Jurisdiction Act and s.47(1) Land Disputes Courts Act — Leave stage not for full merits assessment. * Civil procedure — Affidavit adequacy — factual disputes about alleged loss of donor assistance premature at leave stage and for appellate consideration.
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7 August 2009 |
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Applicant lacked locus standi to seek revision as legal personal representative and application was dismissed with costs.
Civil procedure — Revision — Locus standi of legal personal representative — Proof of appointment required — Preliminary objection — When one ground is dispositive, court need not decide remaining objections.
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6 August 2009 |
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Application for extension of time struck out for failure to cite a specific enabling statutory provision.
Civil Procedure — Extension of time — Must cite specific enabling substantive provision to move the court; Order XLIII r.2 is procedural only — Non-citation or wrong citation renders application incompetent; Inherent or general powers (s.95) cannot cure absence of enabling provision; Affidavit and attachment defects addressed as preliminary but not reached after incompetence finding.
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5 August 2009 |
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Preliminary limitation objection to challenge of an arbitral award dismissed; court to hear substantive challenge following show-cause notice.
Arbitration — enforcement and challenge of awards — filing of award in Court Registry and show-cause notice — limitation period — Law of Limitation Act interplay with Arbitration Act and Rule 20 of Civil Procedure (Arbitration) Rules — preliminary objection to timeliness dismissed.
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5 August 2009 |
| July 2009 |
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Preliminary objections raising disputed factual issues are improper; court dismissed all such objections under the Mukisa test.
Civil procedure — Preliminary objections — Mukisa test: objection must be pure point of law, not factual — Locus standi; cause of action; corporate board resolution — Pleadings: quantification of general damages permissible; absence of annexures and alleged immaterial pleadings raise factual issues.
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24 July 2009 |
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Failure to state the subject-matter value in the plaint renders the High Court incompetent; plaint must be returned to the lower court.
Civil procedure — Order VII Rule 1(1)(i) CPC — mandatory requirement to state value of subject matter in plaint — effect on jurisdiction and competency; Commercial Division concurrent but pecuniarily limited jurisdiction; remedy under Order VII Rule 10 to return plaint to lower court.
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23 July 2009 |
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Appeal dismissed: prosecution proved rape beyond reasonable doubt and 30-year sentence upheld.
* Criminal law – Rape – Sufficiency and consistency of prosecution evidence – Credibility of victim and witnesses – Proof of age by birth certificate – Appellate review of conviction and sentence.
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20 July 2009 |
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Conviction based on untested child testimony and uncorroborated medical report was quashed; sentence set aside.
* Criminal law – Sexual offences against children – Evidence of a child of tender years – requirement and recording of voir dire to establish understanding of duty to tell the truth.
* Criminal procedure – Admission of medical report (PF3) – accused’s right to require the doctor’s attendance for cross‑examination.
* Evidence – Sufficiency and corroboration – single untested child witness and uncorroborated medical findings may occasion failure of justice.
* Sentencing – Penal Code s.154: life imprisonment prescribed for unnatural offences against children under ten.
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17 July 2009 |
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15 July 2009 |
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A Mohammedan will disposing more than one third is effective only to one third; court appointed joint administrators accordingly.
* Probate/Administration – letters of administration – caveat based on a purported will; whether administrator or executor should be appointed.
* Islamic (Mohamedan) law – testamentary limitation – bequest limited to one third of residuary estate; excess requires heirs' consent.
* Formalities – Mohammedan will need not be in writing or have formal attestation; magistrate presence and oral declaration can suffice.
* Remedy – partial recognition of will; joint administration, valuation, deduction of funeral expenses and debts.
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13 July 2009 |
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A proved prior civil monogamous marriage precludes a later customary marriage, negating matrimonial claims without proof of parentage.
Family law – admissibility of civil marriage certificate – presumption of monogamy in civil marriages under Law of Marriage Act – capacity to contract subsequent marriage – matrimonial property and maintenance dependent on existence of marriage and proof of parentage.
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6 July 2009 |
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A prior civil marriage presumed monogamous precludes a subsequent customary marriage and related property and maintenance claims.
* Family law – validity of marriage – effect of prior civil marriage presumed monogamous under Law of Marriage Act – incapacity to contract a subsequent customary marriage.
* Evidence – admissibility of documentary evidence – trial court duty to determine admissibility of exhibits before judgment.
* Matrimonial property – requirement of valid marriage to attract equal distribution of jointly acquired assets.
* Maintenance – necessity of proof of parentage to establish maintenance obligations.
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6 July 2009 |