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Citation
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Judgment date
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| December 2016 |
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High Court granted bail in a high-value economic offence subject to deposit, sureties, travel surrender and reporting conditions.
* Criminal procedure – Bail in economic offences – Jurisdiction of High Court under EOCCA – Bail is a right where offences are bailable. * Economic and Organized Crime Control Act (Cap 200) – Sections 36(1), 36(5) and 36(6) – Conditions for release: deposit/immovable property, sureties, bond amounts, surrender of travel documents, reporting obligations.
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30 December 2016 |
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Mislabeling a criminal filing as a Chamber Application is curable; bail granted with conditions for EOCCA offences.
* Criminal procedure – form of application – Chamber Application vs Chamber Summons – applicability of s.392A CPA to Economic and Organized Crimes Control Act matters – curable defect by amendment. * Bail – offences under Economic and Organized Crimes Control Act – bail granted where not opposed – conditions: cash deposit, Tanzanian sureties, surrender of passports, geographic travel restriction.
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29 December 2016 |
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Acquittals upheld where mob violence prevented positive identification of those who damaged the applicant’s property.
* Criminal law – Malicious damage to property – requirement of proof beyond reasonable doubt as to identity of perpetrators; identification in mob situations. * Evidence – assessment of credibility – trial court’s advantage in seeing and hearing witnesses; appellate restraint. * Defence – possibility of self-defence where violent commotion precedes property damage. * Procedure – defective charge referencing incorrect statutory provision; substantive adjudication of elements.
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29 December 2016 |
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Rule 9(2) permits three-judge referral only where a petition is held vexatious or frivolous; incompetence rulings are not so referable.
Constitutional procedure – Basic Rights and Duties Enforcement Rules 2014 – Rule 9(2) referral to three-judge panel limited to petitions held vexatious or frivolous; incompetence decisions not referable.
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28 December 2016 |
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Discrepancies in party names between judgment, decree and appeal memorandum render the appeal incompetent and are struck out.
Civil procedure – Appeal requirements – Order XXXIX Rule 1(1) CPC – Memorandum of appeal must be accompanied by copy of decree and judgment; Discrepancy in party names between judgment, decree and appeal documents; Effect of non-compliance – appeal incompetent and struck out; Appellate supervisory powers vis-à-vis rectification of subordinate court records.
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27 December 2016 |
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Prosecution initiated without probable cause constituted malicious prosecution; plaintiff awarded damages, interest and costs.
* Criminal law – malicious prosecution – elements: prosecution, termination in favour, malice, absence of probable cause, and damage.
* Probable cause – prosecution must reasonably believe accused guilty; mere recent possession in a shop where accused was a keeper was insufficient.
* Discharge under s.225(4) Criminal Procedure Act – where prosecution later proceeds against another person on same facts, the discharge can amount to termination in favour of the accused for malicious prosecution purposes.
* Damages – unlawful detention and reputational/economic harm attract general damages and interest.
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27 December 2016 |
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Delay in receiving the judgment copy is not sufficient cause to extend time to appeal under section 25 of the Magistrates Courts Act.
Civil procedure — Extension of time — Sufficient cause test — Appeal under s.25(1)(a) Magistrates Courts Act — Time runs from date of decision — Delay in receiving copy of judgment does not constitute sufficient cause.
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22 December 2016 |
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Plaintiff's land claim dismissed as time‑barred; cause of action dated to 1990s and notice to sue not properly pleaded.
* Limitation of actions – application of Item 22 Part I, Law of Limitation Act – accrual of cause of action determined by plaintiff's knowledge and correspondence; * Government Proceedings – requirement of notice under section 6(2) – necessity to plead and prove compliance on the record; * Civil procedure – preliminary objection on limitation can be decided on pleadings and annexures when dates demonstrate accrual and lapse of limitation period.
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22 December 2016 |
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A misnumbered counter‑affidavit was a curable procedural defect; application could not be treated as uncontested.
* Civil procedure – misnumbered documents – counter‑affidavit bearing wrong application number – whether defect is fatal or curable; * Court’s power to amend or rectify court record – section 97 CPC; * Constitutional guidance to ignore technicalities – article 107A(2)(e); * Security for costs application – procedural compliance and effect of counter‑affidavit; * Costs in the cause.
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20 December 2016 |
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High Court granted bail under s.29(4)(d) EOCCA with mandatory half‑amount deposit and surety conditions pending committal and trial.
* Criminal procedure – Bail – High Court jurisdiction under s.29(4)(d) EOCCA where property involved exceeds TSh 10 million – Bail pending committal and trial. * Bail conditions – Mandatory deposit of half the amount under s.36(5) EOCCA (as amended) – Sureties, bond, surrender of travel documents, restricted movement. * Judicial discretion – Balancing individual liberty against public interest when granting bail.
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19 December 2016 |
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High Court has jurisdiction to hear bail where value exceeds Tshs.10m; bail granted with mandatory half-value deposit and conditions.
Economic crime bail — High Court jurisdiction under s.29(4)(d) EOCCA where value ≥ Tshs.10m; bailable offences; mandatory half-value deposit under s.36(5) EOCCA; sureties, surrender of travel documents, reporting and appearance conditions.
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19 December 2016 |
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Failure to plead mandatory statutory notices and to obtain leave for a representative suit rendered the action incompetent and was struck out.
* Civil procedure – Statutory Notices to sue government – Government Proceedings Act s.6(2) and Local Government (Urban Authorities) Act s.106 – mandatory requirement and need to plead service of Notices in the plaint.
* Civil procedure – Representative suit – Order I Rule 8 CPC – leave to sue on behalf of others required before instituting suit; pending application for leave not retrospective.
* Relief – procedural non-compliance leads to striking out of suit; no order as to costs.
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19 December 2016 |
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The plaintiff's slip in a warned, non-public corridor did not establish the defendant's negligence; claim dismissed with costs.
* Occupier’s liability – premises liability – duty to keep premises safe – warning signs and visitor notice as a defence to occupier negligence. * Causation and standard of proof – onus on plaintiff to prove defect caused accident; balance of probabilities. * Contributory circumstances – visitor in a hurry and using a non-public route. * Insurance – public liability coverage and ex gratia payments without admission of liability.
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16 December 2016 |
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Court granted probate, finding the Upanga house part of the estate and the 2005 will valid despite caveator's objections.
* Probate – validity of will – will dated 6/12/2005 held valid where properly drafted and witnessed; forensic comparison to remote signature unreliable.
* Property law – registered title and sale agreement prevail over informal family distribution; family agreement did not effect legal transfer.
* Possession – occupation by family members did not constitute adverse possession or defeat registered ownership.
* Caveat – objections based on forgery, incapacity and nondisclosure insufficient to prevent grant of probate.
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16 December 2016 |
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Trial court judgment invalid for failing to evaluate evidence and to formally enter conviction; judgment and sentence quashed, record remitted.
Criminal procedure — Judgment requirements — section 312(1) CPA requires points for determination, evaluation of evidence and reasons; section 235(1) CPA requires entry of conviction — failure to evaluate evidence or enter conviction is fatal and warrants nullification and remittal.
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16 December 2016 |
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Bail granted under s.36(5) EOCCA where applicants had fixed abode and reliable sureties, subject to bond and reporting conditions.
* Criminal procedure — Bail under section 36(5) EOCCA — grant where applicants have fixed abode and reliable sureties.
* Bail conditions — monetary bond, property security (half value of alleged trophies), travel restriction, mandatory reporting.
* Prosecution's non‑objection may inform exercise of judicial discretion on bail.
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16 December 2016 |
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A conviction based on a charge omitting essential statutory particulars is irredeemably defective and must be quashed.
* Criminal law – Charge particulars – omission of essential statutory subsection in charge sheet – effect on fair hearing and competence of charge. * Evidence/procedure – whether section 388 Criminal Procedure Act can cure fundamental defects in charge. * Prosecution duty – vetting of charge sheets and 'four W' principle when drafting particulars.
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15 December 2016 |
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Application for committal for breach of injunction dismissed as time-barred and overtaken by expiry of the injunction.
Civil procedure — Temporary injunctions (Order XXXVII Rule 3) — expiry after six months unless extended on application; Limitation — Part III Item 21 — sixty-day rule where no time frame is provided; committal/contumacy applications must be timely — time-bar and overtaken-by-event grounds for dismissal.
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14 December 2016 |
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An application invoking the High Court’s supervisory power under s44(1)(a) is inappropriate when brought by party; application struck out.
Criminal procedure – High Court supervisory powers – Section 44(1)(a) Magistrates Courts Act – suo motu administrative powers not a substitute for party‑initiated review; improper citation of Criminal Procedure Act provisions renders application incompetent; right to legal representation alleged but not decided.
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13 December 2016 |
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Application struck out for incorrect statutory citation; High Court’s section 44(1)(a) power is primarily suo motu; file remitted to trial court.
Criminal procedure — High Court supervisory powers — Proper invocation of section 44(1)(a) MCA; incorrect citation of Criminal Procedure Act provisions; party-initiated application incompetent where supervisory power is primarily suo motu; procedural striking out and remittal to subordinate court.
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13 December 2016 |
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Failure to record magistrate succession reasons and convicting in absence rendered the trial a nullity; retrial ordered.
* Criminal procedure – succession of magistrate – section 214 CPA – requirement to record reasons for change of magistrate; failure renders subsequent proceedings a nullity. * Criminal procedure – conviction in absence – section 226 CPA and s.25(2) Magistrates' Courts Act – accused’s right to be heard; conviction in absence without compliance is nullity. * Remedy – quash convictions, set aside sentences and order retrial before another magistrate.
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12 December 2016 |
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The High Court overruled objections and allowed the applicant's Limitation Act extension application to proceed.
* Limitation Act – Section 14(1) – extension of time to appeal – applicability to matrimonial appeals under Law of Marriage Act via s.46.
* Law of Marriage Act – Section 80(2) and (3) – scope; does not oust Limitation Act remedy for extension of time.
* Civil Procedure Code – Section 95 – inherent powers invoked; citation not fatal when Limitation Act is the governing remedy.
* Jurisdiction – forum for filing extension applications in matrimonial appeals; High Court competent to entertain extension under Limitation Act.
* Preliminary objections – requirements for competence and relevance of objections to present application.
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8 December 2016 |
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Whether the applicant owned Plot No. 445 Mbezi Beach; court held it distinct from Plot No. 445 Block 'K' and dismissed claim.
Land law – title and possession – Identification of parcel – Distinction between similarly numbered plots (Plot No. 445 vs Plot No. 445 Block "K"); admissibility and primacy of survey plans, Lot ID numbers and municipal/lands records in resolving competing title claims; effect of sale agreement limited to the specifically described parcel.
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5 December 2016 |
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Court restored an appeal dismissed for late submissions despite counsel's inaction to decide enforcement of a local by-law.
Civil procedure – restoration/re-instatement of appeal dismissed for want of prosecution – late filing of written submissions – sufficiency of reasons for delay – judicial discretion to restore – costs: each party to bear own costs.
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5 December 2016 |
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Most Cybercrimes Act provisions upheld; section 50’s final compounding power violates the right to be heard and appeal.
Constitutional law — Cybercrimes Act 2015 — interpretation of criminal-law phrases ('intentionally', 'unlawfully') — right to information (Art.18) — right to liberty (Art.17) — ex parte investigative orders (s.38) — compounding powers and finality of DPP orders (s.50) — right to be heard and appeal (Art.13).
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2 December 2016 |
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Court confirms dismissal for proven dishonesty but upholds procedural unfairness and four months' compensation, dismissing the revision.
Labour law – unfair dismissal – substantive fairness (proof of dishonesty on balance of probabilities) – procedural fairness (right to defend and cross‑examine) – compensation for procedural unfairness (award less than 12 months allowable) – review of CMA award.
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2 December 2016 |
| November 2016 |
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A credible child victim’s uncorroborated testimony can sustain a sodomy conviction despite expunged PF3.
* Criminal law – Sexual offences – Unnatural offence (sodomy) – Conviction may rest on uncorroborated testimony of a truthful child victim under section 127(7) Law of Evidence Act.
* Evidence – Reception of exhibits – Accused entitled to be heard before admission of PF3/medical report; failure to do so requires expunction.
* Procedure – Preliminary hearing omissions not overturning conviction absent prejudice.
* Criminal procedure – Conviction in absentia permissible where accused breaches bail after closing defence.
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30 November 2016 |
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Leave to appeal granted to determine validity of a voluntary agreement and legality of an imprest refund.
Leave to appeal – appellate jurisdiction – whether High Court erred in handling grounds of appeal and in addressing validity of a Voluntary Agreement – conflict of decisions – legality of refund of imprest.
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29 November 2016 |
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An appeal filed beyond the statutory period without leave is time-barred and dismissed with costs.
Civil procedure – Appeal – Limitation period for appeals (Item 1, Part II, Schedule to the Law of Limitation Act) – Appeal filed out of time – requirement to obtain leave under section 3(1) – remedy is application for extension of time – dismissal with costs.
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29 November 2016 |
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The applicant's claim against the police and State dismissed for failure to prove negligence or foreseeable harm.
Tort — Negligence: use of firearms by police; foreseeability of harm; breach and causation; vicarious liability of State where employee's negligence not established.
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29 November 2016 |
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Court added the claimant child to the beneficiaries but refused to revoke letters of administration; first applicant’s claim struck out for lack of affidavit.
Probate and Administration Act (Cap. 352) – grant of letters of administration – revocation/annulment grounds (fraud, concealment, untrue allegation); Civil Procedure – Order XLIII Rule 2 – affidavit support of chamber summons; Evidence – evidentiary weight of birth certificate in proving parentage; Caveat/probate procedure versus challenges to administration.
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29 November 2016 |
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Counsel's annual leave did not excuse absence; negligence proven; unproven special damages quashed; interest reduced to 7%.
* Civil procedure – right to be heard – adjournment – counsel’s annual leave does not automatically justify adjournment – Order XVII Rule 3 CPC.
* Medical negligence – injection into sciatic nerve – evidence sufficient to establish negligence and vicarious liability.
* Damages – special damages must be specifically pleaded and proved; unproven special damages cannot be awarded.
* Interest – award of interest must comply with Order XX Rule 21(1) CPC; improper rate reduced.
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28 November 2016 |
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Improperly admitted PF3s and unsafe identification from a large mob rendered convictions unsustainable; appeal allowed.
* Criminal procedure – admissibility of PF3 reports – compliance with section 240(3) CPA and requirement to inform accused of right to summon medical officer. * Identification – proof beyond reasonable doubt where assault committed by large mob in daylight – caution required in accepting victims' identification. * Evaluation of defence – necessity for trial court to properly consider and address defence/alibi before convicting. * Delay in prosecution – potential to affect reliability of evidence.
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26 November 2016 |
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An application supported by an affidavit with defective verification was struck out and costs awarded to the respondent.
Civil procedure – affidavit verification – defective verification in supporting affidavit – application struck out – costs awarded following concession of defect.
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25 November 2016 |
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An out-of-time appeal without an application for extension of time is struck out; each party bears own costs.
Limitation of actions – appeals – statutory 90-day period – section 19(2) (exclusion for obtaining copies) – section 14(1) (extension of time) – requirement for a formal application to enlarge time – court cannot enlarge time suo motu without application.
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25 November 2016 |
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Improper joinder and inadequate identification evidence rendered the convictions unsafe and were quashed on appeal.
* Criminal procedure – Joinder of offences – Section 133(1) CPA – Offences must be founded on same facts or form part of a series to be charged together.
* Evidence – Identification – Failure of witnesses to identify accused at scene or in identification parade undermines prosecution case.
* Charge particulars – Omission of exact time may affect clarity and fairness of charge.
* Conviction safety – Procedural irregularities and weak identification evidence render convictions unsafe and liable to be quashed.
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24 November 2016 |
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Convictions quashed where offences were improperly joined and identification evidence failed to prove guilt beyond reasonable doubt.
Criminal procedure – improper joinder of distinct offences contrary to s.133(1) CPA; Identification – failure of witnesses to identify accused at scene or identification parade; Evidence – prosecution must prove guilt beyond reasonable doubt; Charge particulars – omission of exact time undermines offence particulars; Conviction – unsafe conviction quashed and sentence set aside.
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24 November 2016 |
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An ambiguous chamber summons and failure to seek statutory extension render an out-of-time leave application incompetent and struck out.
Civil procedure — chamber summons must state specifically each order sought and be supported by affidavit; ambiguity fatal. Appeal procedure — leave to appeal filed out of time requires antecedent application for extension under section 11 Appellate Jurisdiction Act; failure to cite correct enabling provision renders application incompetent. Delay excuses — negligence or counsel’s travel do not justify deficient procedure.
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21 November 2016 |
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An appeal filed beyond the 45-day statutory limit under the Law of Marriage Act without leave is struck out, parties to bear own costs.
* Family law – Appeal time limits – Section 80(2) Law of Marriage Act (Cap 29 R.E. 2002) – Appeals to High Court must be filed within 45 days. * Procedural law – Filing out of time – Requirement to seek leave/extension of time. * Civil procedure – Court may raise timebar suo motu and strike out late appeals.
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21 November 2016 |
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Conviction for unnatural offence quashed where victim identification and medical evidence were inconclusive and defence raised reasonable doubt.
Criminal law – Unnatural carnal knowledge (s.154 Penal Code) – sufficiency of medical evidence (PF3) – victim identification – corroboration by family members – reasonable doubt raised by defence of impotence and illness.
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21 November 2016 |
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A court cannot enlarge statutory time for appeal sua sponte; extension must be sought by formal application, otherwise appeal is time-barred.
Civil procedure – Limitation of actions – Appeal filed outside 90-day limitation; Law of Limitation Act Cap. 89 – s.19(2) (exclusion for time to obtain copy of decree) and s.14(1) (discretion to extend time) – extension of time must be sought by formal application; court will not assume enlargement suo motu.
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21 November 2016 |
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21 November 2016 |
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Plaintiffs proved ownership under a will; defendants' adverse possession and purchase from a trespasser failed, eviction ordered.
* Land law – ownership under a will and registered title – proof by documents and credible witnesses.* Adverse possession – permissive or intermittent cultivation does not establish hostile possession against owner’s rights.* Transfer by trespasser – purchaser from a trespasser cannot acquire good title.* Pleading and proof of fraud – allegations must be proved, not assumed.* Remedies – declaration of trespass, eviction, injunction and costs.
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18 November 2016 |
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The applicants, as will beneficiaries, proved ownership; sale by a trespasser cannot confer title—eviction and injunction granted.
Land law – ownership under a will – proof by will and title documents; Trespass – caretaker or gratuitous occupant cannot acquire title by long possession; Adverse possession – requires acts inconsistent with owner’s rights and not authorized by owner; Sale by a trespasser – cannot confer valid title; Pleading and proof of fraud – allegations must be proved, not merely pleaded; Remedies – declaration of trespass, eviction, injunction and costs.
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18 November 2016 |
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Suit instituted by a donee under power of attorney abates after donor's death when no legal representative is appointed.
Civil procedure – Abatement of suit on death of plaintiff; power of attorney terminates on donor's death; requirement to appoint personal legal representative within limitation period; Order XXII Civil Procedure Code; Law of Limitation Act.
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18 November 2016 |
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High Court vested to hear bail; EOCCA mandates half-value deposit apportioned among multiple accused with strict surety and reporting conditions.
* Criminal procedure – Bail under EOCCA – Mandatory half-value security under section 36(5)(a) – sharing principle among multiple accused. * Jurisdiction – Corruption and Economic Crimes Division – scope where some counts are non-scheduled offences under Fisheries Regulations and monetary thresholds. * Bail conditions – cash/property deposit, sureties, surrender of travel documents, reporting and verification of property ownership.
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16 November 2016 |
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District Court misapplied Evidence Act s.69 and wrongly substituted the matrimonial property; trial court's property division restored.
* Matrimonial property – division – improvement of asset during marriage (Law of Marriage s.114(3)) – contribution and compensation. * Evidence – admissibility of documents in matrimonial proceedings – misapplication of Evidence Act s.69 (proof of handwriting/signature). * Appellate powers – first appellate court may re‑examine evidence and address issues suo motu if parties can contest. * Maintenance – assessment requires proof of parties’ means; absence of such proof precludes increasing award.
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15 November 2016 |
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Appeal allowed: custodial sentence for a first offender who pleaded guilty was manifestly excessive; immediate release ordered.
* Criminal law – sentencing – causing death by careless driving – option of fine where statute permits – first offender who pleads guilty ordinarily should be offered non-custodial option.
* Sentencing – manifestly excessive custodial sentence – appellate reduction/release where part-served.
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15 November 2016 |
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Delay in receiving a copy of the ruling or a brief illness did not justify extension of time to appeal.
Civil procedure – extension of time to appeal – Section 25 Magistrates Courts Act – appeal by petition from district court to High Court – delay in supply of copy of decision not per se sufficient cause – brief illness not sufficient cause – application dismissed.
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15 November 2016 |
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Non-joinder of the Administrator General, a necessary party, rendered the lower court proceedings null and void.
Trusteeship/registration — cancellation of trustee incorporation — Administrator General as necessary party — non-joinder — audi alteram partem — nullity of proceedings — revisional powers of High Court.
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14 November 2016 |