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Citation
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Judgment date
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| December 2014 |
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Preliminary objections to form and content of a libel plaint (signature, verification, evidence vs facts) were overruled.
Civil procedure — preliminary objection — Order VI rules on pleadings — distinction between pleaded facts and evidence — signature and verification requirements — libel pleadings and particulars.
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31 December 2014 |
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Court overruled objections, holding the plaint properly pleads material facts and meets formal requirements.
Civil procedure — Preliminary objection — Pleadings — Distinction between material facts and evidence under Order VII r.3 — Requirement for signature under Order VII r.14 — Adequacy of verification clause — Pleadings must state factual averments, not legal argument.
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31 December 2014 |
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Court grants temporary injunction restraining respondents from publishing alleged defamatory articles, rejecting fair comment and public interest defences.
* Civil procedure – interim injunction – restraining publication of alleged defamatory material pending trial.
* Defamation – fair comment and qualified privilege – limits where publication lacks genuine public interest.
* Balance of convenience – prevention of further reputational harm justifies temporary injunctive relief.
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29 December 2014 |
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Applicants awarded damages and return of documents for respondents' breach of share-purchase agreement.
Share-purchase agreement – breach of contract – failure to pay consideration and effect share transfer – assessment of general damages – order for return of cheques and company documents – interest and costs – ex parte/non-appearance of foreign respondents.
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29 December 2014 |
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The applicant's suit challenging the Registrar's land‑register rectification was struck out for failure to appeal under s.102.
Land Registration Act s.102 – appeal against decision, order or act of the Registrar of Titles – jurisdictional requirement to appeal to High Court within three months; preliminary objection–point of law arising on pleadings–rectification of land register; remedy by appeal not civil suit.
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24 December 2014 |
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Review dismissed: High Court lacks jurisdiction over trade disputes and the claim was time-barred.
Civil procedure – Review under O. XLIII r.1: grounds required (new evidence, apparent error, other sufficient reason); Labour/trade disputes – High Court’s lack of original jurisdiction where Court of Appeal has held trade disputes are outside High Court original jurisdiction; Limitation – recovery of sums under written law governed by item 10, Part I of First Schedule to Law of Limitation Act (six-year period).
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24 December 2014 |
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19 December 2014 |
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A committal court must determine objections to its jurisdiction and charge competence; defective jurat date rendered affidavit unreliable.
Criminal procedure – committal proceedings – jurisdiction of subordinate court to determine its own jurisdiction and competence of charge; Affidavits – oath versus affirmation; jurat formalities and truthfulness of jurat date – Notaries and Commissioners for Oaths Act; High Court supervisory powers – remit to subordinate court under s.44 MCA and s.373 CPA.
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19 December 2014 |
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Appellant failed to prove lawful transfer of the disputed plot to deceased’s sisters; Tribunal’s finding of estate ownership upheld.
Land law – inheritance and devolution of estate – reliability of probate documents and transfer directives – necessity of registered transfer for transmission of title; evidential weight of occupation in inheritance disputes; probative value of primary court letters and inventory in land disputes.
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16 December 2014 |
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Night identification unsupported by clear lighting and naming evidence: convictions quashed as unsafe.
* Criminal law – Armed robbery – visual identification at night – necessity for clear evidence on source and intensity of light to avoid mistaken identity. * Recognition v. identification – witness must particularise how identification was made. * Witness inconsistencies and unexplained delay in naming/arrest weaken prosecution’s case. * Convictions unsafe where all possibilities of mistaken identity are not excluded.
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15 December 2014 |
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Amendments to written statements of defence require court leave; amended plaint disclosed jurisdiction and was valid.
Civil procedure – Amendment of pleadings – Order VI r.17 and Order VIII r.13 require leave of court for amendments after filing a WSD; failure to obtain leave renders amended WSDs liable to be struck out. Pleading requirements – Order VII r.1(f) & (i) – plaint must disclose jurisdiction and value of claim; foreign-currency claims acceptable. Procedural conduct – Raising POs piecemeal may constitute abuse of process and unjustified delay.
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12 December 2014 |
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Amendments to written defences require court leave; the plaint adequately disclosed jurisdiction and foreign-currency claims are permissible.
Civil procedure – amendment of pleadings – Order VI r.17 and Order VIII r.13 – leave required to amend WSDs; Pleading requirements – Order VII r.1(f) and (i) – jurisdiction and value of claim; Foreign currency claims – permissible without pre-conversion; Abuse of process – piecemeal preliminary objections and right to speedy trial.
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12 December 2014 |
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Conviction quashed: victim's age and penetration unproven and written statement improperly admitted.
Criminal law – statutory rape (s.130(2)(e)) – requirement to prove victim's age; Rape – requirement of proof of penetration however slight; Evidence – admissibility of written statements under s.34B Evidence Act (cumulative conditions); Evidence – competency/voir dire of child witnesses and need for adequate record; Appeal – conviction unsafe where essential elements unproved or evidence inadmissible.
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12 December 2014 |
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12 December 2014 |
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Court affirms jurisdiction over malicious prosecution claim; late jurisdictional objections by respondent estopped and dismissed with costs.
Civil procedure – preliminary objection – jurisdiction – late raised jurisdictional points – estoppel where party declared no preliminary objections at first pre-trial conference; Tort – malicious prosecution – civil remedy for institution of criminal proceedings resulting in nolle prosequi; Forum non conveniens/labour law – claim not a labour matter and not for CMA/Labour Court.
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12 December 2014 |
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Prior lawful sale by the respondent's administrator prevailed; applicant may recover purchase money from the wrongful seller.
Land/title dispute – double sale by administrator – prior lawful sale binds subsequent purchasers; street name change does not affect identity of property; wrongful sale entitles purchaser to recovery from seller; eviction under court order bars damages for alleged loss during eviction.
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10 December 2014 |
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10 December 2014 |
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Exchequer receipt may establish timely filing of an appeal despite later endorsements and delayed record transmission.
* Civil procedure — Appeal period under Magistrates' Court Act s.25(1)(b) — Proof of filing date by exchequer receipt — District Court delay in forwarding records to High Court — Remedy for time-barred appeals (dismissal vs striking out).
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4 December 2014 |
| November 2014 |
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An applicant must diligently obtain the drawn order (not merely the ruling) to avoid dismissal of an extension application.
Civil procedure — extension of time — discretion to grant extension — applicant must show sufficient grounds and diligence; Court of Appeal Rules r.49(3) — drawn order (when seeking leave first in High Court) is the necessary document; failure to account for delay and lack of evidential proof of follow-up are fatal; costs awarded.
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28 November 2014 |
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Forcible-entry conviction quashed for failure to prove violent entry or leadership of an unusual assembly.
Criminal law – Forcible entry (s.85 Penal Code) – Elements require entry in a violent manner (force, threats, breaking, or collecting an unusual number) – Prosecution must prove violence beyond reasonable doubt; prior agreement or consent negates forcible entry; caution statements of co-accused insufficient to convict another.
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27 November 2014 |
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Conviction for forcible entry quashed for lack of proof of violence, unusual numbers, or appellant's leadership.
Criminal law — Forcible entry (s.85 Penal Code) — elements: violence, threats, breaking, or collection of unusual number — proof beyond reasonable doubt; Evidence — absence of caution statements implicating accused; Wakf/land dispute context.
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27 November 2014 |
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Court ordered winding up as just and equitable due to prolonged dormancy, regulatory non‑compliance and failed governance.
Companies law – compulsory winding up – just and equitable ground – prolonged dormancy, failure to hold statutory meetings, non‑filing of returns and lack of management – unopposed petition after advertisement.
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25 November 2014 |
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Exemplary, punitive and aggravated damages are discretionary and do not confer High Court pecuniary jurisdiction.
Civil procedure – Pecuniary jurisdiction – Determination by substantive quantified claims; general, exemplary, punitive, aggravated and exaggerated damages are discretionary and not quantifiable and therefore do not confer High Court jurisdiction; suit liable to be filed in Magistrates' Court where within statutory limits.
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25 November 2014 |
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Conviction for unlawful possession of radioactive material quashed for failure to prove materials were radioactive beyond reasonable doubt.
Criminal law – Unlawful possession of radioactive material – Elements of offence (material identity, possession, unlawfulness) must be proved cumulatively; Expert and laboratory evidence – admissibility and weight where qualifications, instruments or corroborating reports are deficient or hearsay; Misjoinder of counts – risk of evidential confusion and prejudice to fair trial; Standard of proof – beyond reasonable doubt required in criminal cases.
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24 November 2014 |
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Withdrawal granted but leave to re-file refused for failure to show sufficient grounds; applicants ordered to pay taxed costs.
Civil procedure — withdrawal of application with leave to re-file — Order XXIII r.2 CPC (mutatis mutandis) — requirement to show formal defects or sufficient grounds before leave granted; not limited to time-barred matters — costs follow event (s.30 CPC) — costs to be taxed.
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21 November 2014 |
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Only extrinsic fraud can annul a prior judgment; the applicant’s suit proceeds, paragraph 8 struck out.
Civil procedure – preliminary objections: jurisdictional points may be raised anytime; Order VIII r.2 considered; Res judicata/functus officio – do not bar challenge where extrinsic fraud alleged; Fraud – distinction between extrinsic (collateral) and intrinsic fraud; only extrinsic fraud can sustain a suit to annul a prior judgment; Service and due process – alleged lack of service may amount to extrinsic fraud but is a question of fact requiring evidence; Striking out – allegations relating to in‑court conduct and conspiracies are intrinsic and struck out; Substitution of parties – Order I r.10 CPC allows correction to ensure proper parties before the court.
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18 November 2014 |
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7 November 2014 |
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Appeal allowed where contradictions and absent arresting witnesses rendered identification and exhibit evidence doubtful.
* Criminal law – Armed robbery – Identification evidence – contradictions between eyewitness accounts on number of robbers and weapons – effect on safety of conviction. * Evidence – Failure to call allegedly material witnesses (civilians who arrested suspect) and effect on prosecution case. * Exhibits – connection and chain of custody of weapon exhibit (panga/machete) must be satisfactorily established. * Criminal appeals – benefit of doubt to accused; unsafe convictions to be quashed.
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7 November 2014 |
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Appeal challenges conviction based on disputed identification, non-called arresting civilians, and use of an unlisted machete exhibit.
* Criminal law – Armed robbery – identification evidence – reliability where identification said to have been made at scene under light. * Criminal procedure – failure to call available witnesses (civilians/good Samaritans) – possible adverse inference. * Evidence – production/admissibility of exhibit (machete) not listed at preliminary hearing.
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7 November 2014 |
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Court reviewed its earlier judgment after finding deceased/unrepresented appellants and newly discovered payment evidence establishing full payment.
* Civil procedure — Review of judgment — Inherent power to review exercised sparingly to prevent miscarriage of justice. * Civil procedure — Representative suits — Requirement of leave under Order I Rule 8 CPC; failure to obtain leave and unrepresented deceased parties can amount to error on the face of the record. * Evidence — Newly discovered documents — Payment vouchers and correspondence (TZRA 1–7) held material and not previously within applicant's knowledge despite due diligence. * Remedy — Court may review its own judgment where new evidence or error on face of record would have altered outcome.
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7 November 2014 |
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A newspaper naming the individual rather than the registered trading name did not establish defamation against the applicant.
Defamation — essential elements — requirement that published words directly refer to the plaintiff; distinction between an individual and a registered trading name; proof of malice and damages unnecessary where reference not established; courts confined to pleaded reliefs (no unpleaded counterclaim).
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6 November 2014 |
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Applicant’s loan application did not create a contract; failure to meet conditions precedent justified bank’s refusal and dismissal of claim.
Contract law – loan applications versus contracts; conditions precedent to loan approval (title, valuation, proforma invoice, bank account, fees, execution of agreement); mandate of bank to approve loans under agreement; failure to provide security; absence of proven bribery allegations.
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5 November 2014 |
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Appeal allowed: audit and witness evidence proved loan officer stole employer funds; acquittal quashed and conviction entered.
Criminal law – stealing by servant – standard of proof beyond reasonable doubt – admissibility and sufficiency of audit evidence to prove monies collected and not surrendered – appellate review of erroneous acquittal where trial Magistrate misdirected himself.
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5 November 2014 |
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An application for revision is incompetent if not accompanied by the decision sought to be revised; application struck out.
* Civil procedure – Revision – Requirement that applications for revision be accompanied by a copy of the decision sought to be revised – Failure to attach the impugned decision renders the application incompetent; Court may strike out application. * Court Rules – Rule 4(2)(a) – Practice and procedure for lodging applications for revision. * Suo motu powers – Court may raise competence issues and, where raised by the Court, make no order as to costs.
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5 November 2014 |
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3 November 2014 |
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Application for extension denied where applicant failed to show diligence or account for delay in obtaining drawn order.
Civil procedure – extension of time – application for leave to appeal – necessary document when leave is first lodged in High Court is the drawn order; diligence in pursuing court records; affidavit evidence required to explain delay; court records presumed accurate.
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1 November 2014 |
| October 2014 |
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Separate newspaper publications create separate causes of action; re‑raising decided objections is abuse of process.
Civil procedure – preliminary objections – res subjudice: separate publications constitute separate causes of action; res subjudice not established where publications differ in time and substance. Civil procedure – abuse of process: re‑litigation of a point already decided by the court is an abuse. Defamation – cause of action: distinct defamatory publications give rise to distinct causes of action (Duke of Brunswick v Harmer cited).
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31 October 2014 |
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Appellant entitled to severance under the Severance Allowance Act; other appeal grounds dismissed; no costs.
Employment law – overtime claims and proof at trial; appellate limitation on raising new factual issues (Order XXXIX(2)); Severance entitlement governed by law at time of termination – Severance Allowance Act (Cap. 487) applies to 2002 termination; calculation of severance generally 5% of basic annual wage per year; appellate interference with discretionary awards requires clear reason.
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30 October 2014 |
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28 October 2014 |
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Conviction based on unsworn, unidentified complainant evidence without corroboration is unsafe and was quashed.
* Criminal procedure – admissibility of testimony – unsworn evidence of adult witness – requirement for corroboration when relied upon for conviction; failure to record witness particulars and to swear complainant is fatal to prosecution case. * Appeal – procedural irregularity – conviction unsafe – remedy: quash conviction and order retrial de novo.
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27 October 2014 |
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Appeal allowed: appellant held a bona fide judicial purchaser; respondent failed to prove ownership.
* Civil procedure – appeal – first appellate court’s duty to re-evaluate evidence and credibility of witnesses. * Property/land law – disputes arising from execution sale – validity of title acquired at judicial auction. * Evidence – failure to call material witnesses and documentary deficiencies; adverse inference (Hemed Said v Mohamed Mbilu). * Bona fide purchaser – protection of purchaser at judicial auction where vendor’s title not proved. * Land unsurveyed – probative impact on ownership evidence.
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27 October 2014 |
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Conviction on an equivocal guilty plea for statutory rape quashed where facts omitted the victim's age; appellant discharged.
* Criminal law – plea of guilty – equivocal plea – accused must admit facts constituting all ingredients of the offence; * Statutory rape – essential element of unlawfulness tied to victim's age – victim's age must be stated in facts; * Appeal – conviction on equivocal guilty plea can be quashed; * Sentence – discretion to order retrial or discharge taking into account custody time and victim trauma.
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27 October 2014 |
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Plea of guilty was equivocal because essential elements (unlawfulness and victim's age) were omitted; conviction quashed and appellant discharged.
Criminal law – Rape – statutory rape requires proof of victim's age (under 18) and unlawfulness; omission of essential elements in facts renders plea of guilty equivocal; conviction on such plea unsustainable – Appeal on ground that admitted facts do not constitute the offence – Discharge and release may be ordered where retrial would cause undue prejudice and significant custody already served.
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27 October 2014 |
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Applicant failed to prove landlord breached lease; respondent awarded general damages for wrongful termination.
Lease law – landlord and tenant obligations – communication of defects and inspection – termination of lease – requirement of strict proof for specific damages – counterclaim for damages – award of general damages for wrongful termination.
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24 October 2014 |
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Court lacked power to nullify sale or suspend eviction because the property was already before the competent matrimonial court.
Matrimonial property — execution of matrimonial orders — court lacking power to nullify sale or suspend eviction where property is subject to proceedings in the competent original court; failure to prove unlawful sale by bank; proper forum for enforcement is the court that made the matrimonial order.
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24 October 2014 |
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Suit struck out for want of pecuniary jurisdiction, improper filing and non-joinder.
Civil procedure — Competence of suit — Pecuniary jurisdiction — Improper filing in Registry — Non-joinder of necessary party — Striking out.
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21 October 2014 |
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Where no principal–agent relationship was proved, a magistrate’s misdescription of "discharge" is curable and acquittal stands.
* Criminal law – Corrupt transaction – Essential elements include existence of principal–agent relationship – failure to prove this defeats prosecution. * Criminal procedure – Section 230 CPA – where no prima facie case is made, charge must be dismissed and accused acquitted; appellate court may correct clerical or descriptive errors ("discharge" v. "acquittal") and invoke equity/statutory powers to give intended legal effect. * Evidence – weight of witness testimony on existence of instruction/principal–agent relationship crucial to prima facie case.
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10 October 2014 |
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10 October 2014 |
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District court’s grant of letters without mandatory disclosures or fair notice vitiated the proceedings; application allowed.
Probate and Administration of Estates – compliance with section 56(1) requirements (family details, petitioner's right, asset particulars, prior proceedings) – citation/publication and fair hearing – transfer of probate proceedings between courts – competence of minor as executor – court's investigative duty under section 61(1).
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8 October 2014 |
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A foreign respondent without Tanzanian immovable property must provide security for costs; court ordered Tshs 40,000,000.
* Civil procedure – security for costs – Order XXV Rule 1(1) – foreign plaintiff without immovable property in Tanzania – discretionary remedy to protect defendants; assessment and quantification of security.
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7 October 2014 |