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Citation
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Judgment date
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| December 2019 |
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Appeal allowed where trial tribunal failed to evaluate appellant's village-allocation evidence and respondent did not prove source of title.
Land dispute; proof of title in village/customary land; failure to call material witness; nemo dat quod non habet; duty to evaluate evidence; appellate intervention where trial tribunal misapplies credibility and evaluation principles.
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31 December 2019 |
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Buyer entitled to restitution and damages where seller failed to clear and deliver vehicle; unsupported daily loss award quashed.
* Contract law – Sale of goods (motor vehicle) – failure to clear and deliver – breach of contract. * Remedies – restitution in integrum under section 73 Law of Contract Act; damages and interest. * Evidence – requirement of proof for loss of use awards; unsupported daily compensation quashed.
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31 December 2019 |
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Preliminary objections to a bill of costs dismissed; substituted advocate properly served and objections lacked merit.
Advocates Remuneration Order (G.N. 264/2015) – Order 55(4) – Bill of costs – Proper naming and service of advocate – Substitution of counsel – Competence to be taxed – Preliminary objections dismissed with costs.
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31 December 2019 |
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Review dismissed where alleged board resolution was unpleaded, unmarked and of doubtful authenticity, so counterclaim rightly struck out.
Review — apparent error on face of record — requirement that documents relied on must be pleaded and properly marked as annexures; corporate authority — board resolution must be authentic and properly before the court to support a counterclaim; standards for review under section 78(1) and Order XLII CPC.
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31 December 2019 |
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A payroll agent who failed to remit statutory deductions was liable to reimburse the principal for amounts paid to authorities.
Contract law – payroll/agency agreement – failure to remit statutory deductions constitutes breach; unpaid statutory remittances recoverable by principal; allegation of late funding does not excuse non-remittance where agent received funds; unsigned draft agreement not enforceable as contract.
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30 December 2019 |
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A party cannot re‑raise a preliminary objection already decided by the same court; matter proceeds to taxation on merits.
Costs — taxation of bill of costs — amendment of bill — validity of amendments — preliminary objection — res judicata and functus officio — Deputy Registrar’s prior ruling binding — remedy by reference to Judge.
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30 December 2019 |
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Extension of time granted where the applicant promptly acted and showed sufficient cause after learning of the judgment by execution notice.
Limitation — extension of time under Section 14(1) Law of Limitation Act — 'sufficient cause', diligence and promptness — discovery of judgment via execution notice — earlier incompetent application and immediate refiling.
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30 December 2019 |
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A court may review its judgment on admission where an apparent error exists because alleged admissions were ambiguous.
* Civil procedure – Review under Order XLII(1)(b) – sparing exercise; mistake apparent on the face of the record required for review. * Judgment on admission – requires clear, unambiguous admissions and compliance with scheduling orders. * Functus officio – judge may review own decision where an apparent error is discovered. * Use of persuasive foreign authorities permissible if consistent with domestic law.
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27 December 2019 |
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Appellant failed to show sufficient cause or diligence for a 10‑year delay; extension to set aside ex‑parte judgment denied.
Extension of time – setting aside ex‑parte judgment – sufficiency of cause and diligence required – illegality as ground for extension but subject to promptness – failure of service/notice – appellate review of discretionary extensions.
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24 December 2019 |
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Court set aside dismissal for want of prosecution due to court clerk’s misdirection and unclear directives to an unrepresented applicant.
Civil procedure – dismissal for want of prosecution – setting aside dismissal under Order IX Rule 4 CPC – court clerk’s misdirection and unclear directives as sufficient cause – protection of lay/unrepresented litigants.
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24 December 2019 |
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Appellate court ordered valuation and equal division of matrimonial assets after trial court failed to value and properly divide them.
Family law – Division of matrimonial property – duty to value assets and ascertain contribution before division; ex-parte judgment set aside – hearing de novo; reception of prior evidence by subsequent judicial officer – Order XVII/ XVIII of Civil Procedure Code; Section 114 Law of Marriage Act – valuation and equal division (50/50) of property acquired during marriage.
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24 December 2019 |
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Attachment before judgment requires specific identification and estimated value of property; failure warrants striking out the application.
Civil procedure – attachment before judgment – Order XXXVI Rule 6(2) – mandatory requirement to specify property and estimate value; failure to identify assets renders application vague and liable to be struck out; ex parte applications and costs.
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20 December 2019 |
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Conviction quashed where unreliable night identification, improperly read cautioned statement and unproven exhibit undermined the prosecution's case.
* Criminal law – Armed robbery – Visual identification at night – adequacy of description, source/intensity of light and need for identification parade; * Evidence – Cautioned statement – requirement to read admitted exhibit over to accused; * Evidence – Exhibits and chain of custody – necessity to list stolen items in charge sheet and prove uninterrupted custody; * Digital evidence – need for forensic/telecom proof of mobile-money transfer to implicate accused; * Burden of proof – prosecution must prove guilt beyond reasonable doubt.
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20 December 2019 |
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Non-resident plaintiff failed to prove sufficient Tanzanian immovable property; court ordered US$500,000 security for costs.
Security for costs – Order XXV Rule 1(1) CPC – non-resident foreign company – Certificate of Compliance not proof of residency – sufficiency of immovable property – burden of proof under Section 112 Evidence Act – exercise of discretion requires adequate materials/skeleton costs – quantum of security – banker's guarantee permitted.
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20 December 2019 |
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Leave to appeal granted on substantial legal issues about third‑party insurance rights and appellate evaluation of evidence.
Appellate procedure – leave to appeal under s.5(1)(c) AJA and Rule 45(a) – test: substantial question of law or matter of general importance; Insurance law – third-party claims under insurance policies and requirement of contractual privity or prior judgment; Evidence – appellate evaluation of evidence and application of sections 58–60 Evidence Act.
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19 December 2019 |
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Conviction quashed for unreliable visual identification and lack of evidence linking the appellants to the arrest.
* Criminal law – Armed robbery – Visual identification – Evidence of identification at locus in quo must be watertight; unexplained delay or failure to inform police undermines reliability.
* Criminal procedure – Arrest and proof – Need to connect arrest to alleged crime via evidence of arresting officers.
* Evidence – Afterthoughts – Material facts first raised at trial and not at earliest opportunity may be treated as afterthoughts undermining credibility.
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19 December 2019 |
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High Court dismissed certiorari challenge to dismissal, finding procedure and jurisdiction of disciplinary and appellate bodies lawful.
Judicial review — Prerogative order of certiorari; grounds: illegality, procedural fairness, unreasonableness, excess/lack of jurisdiction; Public Service Regulations (Reg.47(10),47(11),61(3),62(2)); secondment vs. transfer — employer and disciplinary authority; scope of High Court review (not appellate).
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19 December 2019 |
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Unsupported delay reasons do not justify extension; absence of a rejoinder does not bar determination of the appeal.
Civil procedure — Application for extension of time to file rejoinder — Need for credible reasons for delay; speculative network-failure claims insufficient — Rejoinder not essential to determination of appeal.
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19 December 2019 |
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Alleged illegality and a technical defect (failure to attach decree) justified extension of time to file the appeal.
* Limitation of actions – extension of time under section 14(1) of the Law of Limitation Act – whether illegality in impugned decision amounts to sufficient cause. * Civil procedure – struck out appeal for failure to attach decree – distinction between striking out (curable) and dismissal (final). * Legal negligence – when counsel’s lapse constitutes inaction precluding extension. * Withdrawal and refiling – effect of striking out and ability to refile appeal.
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19 December 2019 |
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Plaintiffs failed to produce the alleged written loan agreement; no breach proven and suit dismissed.
Contract law — specific performance and currency conversion; Evidence Act — burden of proof (s.110) and requirement for written instruments/secondary evidence (s.101); admissibility of emails to vary written credit facilities; failure to prove contractual breach — dismissal of claim.
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19 December 2019 |
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19 December 2019 |
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Court stayed litigation pending arbitration, finding respondents prima facie bound as participants/beneficiaries under the Trust Deed.
Arbitration clause in Trust Deed; stay of court proceedings pending arbitration; who is bound—participants/beneficiaries under a trust; timing for stay applications (after appearance, before WSD/other steps); serious allegations (fraud/dissolution) do not automatically oust arbitration.
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19 December 2019 |
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Appellate court dismisses challenge to asset division and custody, finding trial court properly assessed contributions and children's welfare.
* Family law – Divorce – Division of matrimonial assets – Section 114 Law of Marriage Act – assessment of monetary and non‑monetary contributions; improvement of separately‑owned property.
* Family law – Custody – Sections 125–127 Law of Marriage Act – welfare of the child as paramount; parental conduct and neglect as grounds for custody to mother.
* Evidentiary standard – requirement of tangible proof of contribution for equitable distribution.
* Polygamy/customs – cultural differences may affect relevance of certain factors under s.114(2).
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18 December 2019 |
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Appeal partly allowed — trial judgment lacked reasoned evaluation and contained a substantive mismatch with the decree, matter remitted for fresh judgment.
Civil procedure – Judgment must contain objective evaluation of evidence and findings on balance of probabilities; defective or unreasoned judgments warrant remittal. Decree varying from judgment may be substantive, not clerical, and requires correction by the trial court. Special damages must be pleaded and proved; general damages are discretionary but must be supported by reasoning.
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17 December 2019 |
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Reference against Taxing Master's taxation dismissed; new EFD receipt issue not entertained and discretion upheld.
* Taxation reference – application to set aside Taxing Master's award – exceptional interference only where taxing officer misdirects or fails to exercise discretion judicially; * Advocates' Remuneration Order GN No.264/2015 – 9th Schedule – applicability to contentious matters; * Electronic Fiscal Device (EFD) receipts – evidentiary and procedural requirement – cannot be raised on reference if not argued at taxation; * VAT in bill of costs – allowable if incurred and evidenced; * Civil procedure – scope and limits of reference against taxation decision.
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17 December 2019 |
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Towing a broken-down vehicle before the statutory period and imposing extrajudicial fines is unlawful; agent exceeding mandate bears liability.
Roads & Traffic — breakdown and statutory parking allowances — towing before statutory time unlawful; extrajudicial fines and repossession charges ultra vires; agency and scope of authority — principal liable only where agent acts within mandate; admissibility of electronic evidence — authenticity and chain of custody required; special vs general damages — documentary proof required for specific losses.
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16 December 2019 |
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Armed robbery not established but appellants convicted for possession of recently stolen property; sentence reduced to three years.
* Criminal law – Armed robbery – requirement to prove weapons used or threatened; proof lacking where no weapon recovered and no in-incident identification. * Identification – failure to identify robbers during the incident weakens armed robbery charge. * Possession of recently stolen property – section 312(1)(b) – finding warranted where accused found shortly after offence with stolen items and proper chain of custody. * Criminal procedure – judgment must state issues, evaluation and reasons; absence may justify rehearing on appeal. * Sentence – substitution of conviction permits resentencing appropriate to the lesser offence.
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12 December 2019 |
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Appearing before another judge, without notifying the court or arranging representation, is not sufficient cause to set aside an ex‑parte order.
* Civil Procedure – Order IX Rule 13 – Setting aside ex‑parte decree – Requirement to show summons not duly served or being prevented by sufficient cause.
* Appearance and professional obligations of advocates – duty to notify court or arrange alternative representation when unable to attend.
* Non‑appearance – attending another judge’s court does not automatically constitute sufficient cause to vacate an ex‑parte order.
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12 December 2019 |
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Conviction for uttering a false document quashed where prosecution relied on suspicion, not proof of knowledge.
* Criminal law – Uttering false document – must prove knowledge and intent beyond reasonable doubt; suspicion insufficient.
* Circumstantial evidence – requires cogent, irresistible inference pointing only to accused; mere opportunity or passage of document through hands insufficient.
* Evidence evaluation – irrelevant facts (e.g., payments) cannot substitute for direct proof of knowledge or intent.
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12 December 2019 |
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Extension of time to appeal refused where applicant failed to account for every day of delay and omitted reasons from affidavit.
Extension of time – discretionary relief – applicant must account for every day of delay – reasons must be pleaded in supporting affidavit – oral assertions insufficient – application dismissed.
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12 December 2019 |
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Alleged negligent HIV testing requires proof of departure from accepted testing protocols and causation; appeal dismissed.
* Medical negligence – HIV screening – Alleged false positive – Need to prove departure from accepted testing protocols and causation
* Medical evidence – Role of testing protocols, rapid test kits, and confirmatory methods in conflicting HIV test results
* Civil procedure – Evaluation of evidence – appellate review of trial magistrate’s factual findings
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12 December 2019 |
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Appellate court quashed conviction where visual identification was unsafe and delay plus hearsay undermined prosecution.
Criminal law – Visual identification of suspects; identification parades as collateral evidence; requirement to give contemporaneous description of suspect; unexplained delay between offence and arrest undermining prosecution; hearsay from uncalled informant inadmissible.
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12 December 2019 |
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Failure to file ordered submissions and non‑appearance justified dismissal for want of prosecution; appeal dismissed, costs waived.
* Civil procedure – dismissal for want of prosecution – failure to file written submissions and non‑appearance at hearing; mandatory effect of Order IX Rule 8 (Civil Procedure Act). * Probate – claims to distribution of estate raised but rendered academic by procedural dismissal. * Abuse of court process – non‑compliance with court orders justifying dismissal.
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10 December 2019 |
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Appeal dismissed for want of prosecution where appellant failed to comply with court directions and file submissions.
Civil procedure – Want of prosecution – Failure to file written submissions and non-compliance with court order – Failure to file equates to non-appearance – Order IX Rule 8 Civil Procedure Act mandatory dismissal – Probate matter; substantive heirship issues not considered due to procedural default.
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10 December 2019 |
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An executing court cannot substitute the judgment debtor or alter parties; a company name change does not permit execution-stage substitution.
Execution — limited role of executing court; cannot go behind or vary a decree; Order 21 r10(2) mandatory; r15 allows only remedial correction not substitution of decree debtor; Companies Act s31 (change of name) does not authorize altering parties in execution without court order; substitution of parties requires court order.
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5 December 2019 |
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Voir dire must precede swearing of a child witness; procedural failure rendered conviction unsafe and case remitted for retrial.
Criminal law – Unnatural offence (s.154 Penal Code): distinction between s.154(1)(a) (offence) and s.154(2) (penalty for under-10 victims); Evidence Act – voir dire for child witnesses of tender years: must be conducted before oath and findings recorded; Unsworn child evidence requires corroboration; Medical evidence corroborates penetration but not necessarily identity of perpetrator; Unsafe conviction remitted for retrial.
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4 December 2019 |
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Failure to identify exhibits and a broken chain of custody undermined the prosecution; convictions were quashed.
* Criminal law – Unlawful possession of narcotics – necessity for witness identification of physical exhibits before admission. * Evidence – Chain of custody – requirement to document seizure, storage and transfer of exhibits to establish provenance. * Procedure – Discrepancy between search warrant inventory and witness account may vitiate prosecution case. * Standard of proof – prosecution must prove identity and continuity of exhibits beyond reasonable doubt.
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4 December 2019 |
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Omission to cite jurisdictional provision can be cured, but failure to attach the impugned decision renders a judicial review application incompetent.
Judicial review – jurisdiction to grant prerogative writs – omission to cite JALA s.2(2) – curable irregularity; Civil procedure – judicial review rules – requirement to annex impugned decision (Rule 11) – failure to attach renders application incompetent; Evidence – affidavits and annexures as the evidential basis in judicial review proceedings.
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4 December 2019 |
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A judgment that sentences an accused without recording conviction is a nullity and must be set aside and remitted.
* Criminal procedure – judgment requirements – conviction is prerequisite to sentence – sentencing without recording conviction renders judgment a nullity. * Criminal procedure – multi-count indictments – necessity to specify conviction for each count and the statutory provision. * Authorities: Sam Sempemba & Another v Republic; Ramadhani Masha v Republic.
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4 December 2019 |
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Circumstantial evidence and a retracted confession established participation in a fatal assault, but lack of malice reduced the offence to manslaughter.
* Criminal law – Murder vs. manslaughter – requirement to prove death, identity and malice aforethought; reduction to manslaughter where death arises from a fight.
* Evidence – Circumstantial evidence and retracted cautioned statements: need for corroboration and conditions for reliance.
* Criminal Procedure – Alibi defence and section 194 CPA: requirement of prior notice and effect of failure to give notice.
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3 December 2019 |
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Statutory‑compliance objections under s.17 and s.15 require factual proof and cannot be disposed of as preliminary points of law.
* Civil procedure – preliminary objection – timing under Order 8 Rule 2 – objection held timely when raised after amended pleadings and at earliest opportunity.
* Civil procedure – preliminary objection – Mukisa Biscuit test – objection must be a pure point of law not requiring factual proof.
* Specified Sisal Estates (Acquisition and Regrant) Act, s.17 – requirement to lodge statements by specified date; factual proof required to establish compliance.
* Village Land Act, s.15 – confirmation of allocations 1970–1977; application requires factual determination of allocation history.
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3 December 2019 |
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Circumstantial evidence, a voluntary cautioned statement and identification corroboration established joint liability for murder.
Criminal law – murder – circumstantial evidence; confession (cautioned statement) – voluntariness, retraction and need for corroboration; visual identification and identification parade; MPESA/mobile tracing as corroborative evidence; common intention and joint liability.
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2 December 2019 |
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2 December 2019 |
| November 2019 |
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Where eyewitness identification is contradictory and parade documentation absent, identity is not proved beyond reasonable doubt.
* Criminal law – Armed robbery – Identity – Visual identification at night – contradictions in eyewitness testimony and failure to tender identification parade register (PF.186) undermine reliability.
* Criminal procedure – Admissibility of cautioned statements – statements admitted after inquiry but cannot cure weak primary identification.
* Evidence – Unsworn testimony and procedural irregularities – defects may cause doubt to be resolved for the accused.
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29 November 2019 |
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Illegality may justify extension only if the applicant shows diligence and accounts for each day of delay.
Civil procedure – Extension of time under s.11(1) AJA – Illegality as ground for extension – Illegality subject to demonstration of diligence – Applicant must account for each day of delay (Lyamuya; Principal Secretary v Devram Velambhia; Etiennes Hotel; Elias Msonde).
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29 November 2019 |
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Court lacks jurisdiction to set aside an interim arbitral ruling; petition premature and struck out with costs.
* Arbitration Act – setting aside awards – Court may set aside a final arbitral award filed under the Act but not interim rulings; premature filing bars jurisdiction.
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29 November 2019 |
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Convictions quashed where a defective identification parade and evidential omissions left identity unproven beyond reasonable doubt.
Criminal law – Identification evidence – Identification parade must be fair and persons on parade should look alike; failure of witness to testify on parade conduct and failure to call investigator undermines identification; prosecution must prove identity beyond reasonable doubt.
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29 November 2019 |
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Acquittal alone does not prove malicious prosecution; claimant must prove lack of reasonable/probable cause and malice.
Malicious prosecution — elements: institution/continuation by defendant; absence of reasonable and probable cause; malice; termination in plaintiff’s favour — acquittal alone insufficient to prove malicious prosecution.
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29 November 2019 |
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Application for leave to appeal struck out for wrong statutory citation and vague prayers, not curable by amendment.
Preliminary objection — res judicata; wrongful citation of statute — Appellate Jurisdiction Act s.5(2)(c) required for Primary Court origin; vague or improper prayers; amendment/Oxygen Principle; striking out defective application; costs.
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28 November 2019 |
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Applicant failed to account for delay in seeking extension to set aside ex parte judgment despite lack of notice.
Civil procedure — setting aside ex parte judgment — extension of time under Order IX r.13(2) CPC and s.14 Limitation Act — requirement to account for each day of delay — Order 20 r.1 notice requirement — substituted service — affidavits as primary evidence (oral submissions cannot contradict affidavit).
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28 November 2019 |