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Citation
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Judgment date
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| May 2016 |
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Sale of matrimonial property without ordered valuation was invalid; sale quashed, purchaser to be refunded and administrator to be appointed.
Matrimonial property — execution in Primary Courts — requirement of valuation before enforcing division — Magistrate's Courts (Civil Procedure in Primary Courts) Rules, Rule 56 and 85 — sale set aside for material irregularity; functus officio; purchaser at auction and refund; death of litigant — survival of actions and need to join administrator/executor; District Court revision proceedings void where deceased's estate not represented.
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31 May 2016 |
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Conviction quashed where theft not proved, identification unsafe and cautioned statement improperly admitted.
Criminal law - Armed robbery requires proof of theft plus violence; insufficiency of proof of theft; identification at night and reliability of ID parade; admissibility of cautioned statements requires inquiry into voluntariness; failure to call material witnesses and tender documentary evidence undermines prosecution case.
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31 May 2016 |
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General damages cannot establish pecuniary jurisdiction; suit struck out for lack of jurisdiction.
Land law — Jurisdiction — Pecuniary jurisdiction — General damages cannot determine court’s pecuniary jurisdiction; plaint must show value. Procedural objections — Notice requirements under statutory establishment instruments and remedies following dismissal of proceedings (application to set aside).
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31 May 2016 |
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Applicant failed to prove forged withdrawals or bank negligence; documents lacked evidential weight and suit was dismissed.
Evidence Act — bankers' books — admissibility and requirement that such documents be proved made in ordinary course and in bank custody. Civil procedure — adverse inference for failure to call an important witness (former accountant who produced documents). Banking law — banker–customer mandate and limits on holding bank liable absent proved instructions. Fraud/forgery — higher standard of proof required in civil proceedings; need for independent/expert proof where signatures disputed. Negligence — plaintiff must prove duty breach and causation; absence of proved mandate or forged instruments defeats negligence claim.
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31 May 2016 |
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Conviction for armed robbery quashed where theft not proved and prosecution evidence contained material contradictions.
Criminal law — Armed robbery — Necessity to prove theft as an essential element — Identification reliable but insufficient absent proof of theft; contradictions and variances in prosecution evidence (amounts, exhibits, whereabouts of bicycle) create reasonable doubt — Conviction quashed.
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30 May 2016 |
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Substitution of magistrates without offering recall of witnesses vitiated the trial; proceedings and sentence quashed.
Criminal procedure – substitution of magistrates – section 214(1) CPA – successor magistrate must afford accused option to continue or restart trial and may recall witnesses; failure vitiates proceedings. Right to fair trial – necessity of observing witness demeanour and opportunity to challenge evidence. Evidence – contradictions and circumstantial evidence require careful resolution but procedural fairness paramount. Electronic evidence – admissibility recognized by amendment (s.40A) though excluded here was raised on appeal.
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30 May 2016 |
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Failure to inform accused of rights and charge-sheet variance nullified trial; conviction quashed and retrial ordered.
Criminal procedure — Continuation of trial by successor magistrate — accused's right to elect continuation or recommencement and recall witnesses (s.214(1)); Recording of witnesses' demeanour (s.212); Charge particulars — variance with sentencing provision (s.326(6A)(a)) — compliance with ss.132 & 135(a)(ii); Irregularities incurable under s.388 — nullification and retrial de novo.
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30 May 2016 |
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A successor magistrate’s failure to afford the accused rights under section 214(1) CPA vitiated the trial and mandated a retrial.
Criminal procedure – Section 214(1) Criminal Procedure Act – Successor magistrate’s duty to inform accused of right to continue or restart trial and to recall witnesses – Failure to do so is a fatal irregularity vitiating proceedings; natural justice; retrial ordered.
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30 May 2016 |
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Attachment before judgment requires evidence of intent to obstruct or delay execution; mere business closure is insufficient.
Civil procedure – Attachment before judgment – Section 68(b) and Order XXXVI Rule 6(1)(a),(b),(2),(3) CPC – Applicant must show defendant intends to obstruct or delay execution; mere business closure or filing of suit is insufficient.
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28 May 2016 |
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27 May 2016 |
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Attachment before judgment granted where respondent defaulted and reclaimed title deed, risking disposition of secured property.
Civil procedure – Attachment before judgment – Applicant seeking interlocutory attachment under ss.68(e) & 95 and Order XXXVI – Borrower default and retrieval of title deed – Risk of disposition of security – Attachment granted.
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26 May 2016 |
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Supplier entitled to recover VAT and unpaid invoice from contracting defendant despite exemption process delays by beneficiary.
Tax law – Value Added Tax – VAT forms part of the consideration for a supply; supplier collects and remits but may recover VAT paid from recipient. Evidence – tax invoices and VAT returns constitute prima facie proof of VAT charged and remitted; absence of contrary accounting evidence fatal to defendant. Contractual liability – supplier may recover VAT from contracting party despite parallel exemption procedures between contractor and an exempt beneficiary. Remedies – award of principal, commercial interest to judgment, post-judgment court interest, general damages and costs.
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26 May 2016 |
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Plaintiff's failure to present the original Bill of Lading barred recovery; alleged fraud/collusion against defendants was unproven.
Commercial law – carriage of goods; presentation of original Bill of Lading as precondition to delivery – customs procedures and access to ASYCUDA; alleged fraudulent/unauthorised clearance by third party; civil standard of proof for fraud; liability of shipping agent and terminal for non-release; auction of overstayed cargo by revenue authority.
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26 May 2016 |
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Court overruled objections and admitted accused's cautioned statement as voluntary and lawfully obtained.
Criminal procedure — admissibility of cautioned statement — trial‑within‑trial on voluntariness. Interpretation of s.50(1) and s.50(2) CPA — exclusion of time while suspect is doing acts connected with investigation. Right to consult a lawyer/relative — compliance with s.54 CPA and significance of opportunity versus actual consultation. Cautioned statements — recording under s.57 or s.58 and compliance with s.53 formalities. Repudiation — later denial may be an afterthought and does not automatically render statement inadmissible.
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15 May 2016 |
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Statutory rape conviction quashed because prosecution failed to prove the victim's age beyond reasonable doubt.
Criminal law – Statutory rape (s.130(2)(e)) – Proof of victim's age is mandatory; citation in charge or magistrate's note is not evidence; absence of positive age evidence fatal to conviction; victim's non‑attendance to testify reinforces the deficiency; conviction quashed for lack of proof of age.
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3 May 2016 |