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Citation
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Judgment date
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| December 2023 |
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High Court struck out constitutional petition for failure to exhaust statutory remedies, finding judicial review the appropriate recourse.
Constitutional procedure — admissibility — requirement to exhaust alternative statutory remedies under sections 4(5) and 8(2) of the Basic Rights and Duties Enforcement Act; administrative action — availability of judicial review/prerogative writs under Law Reform Act; preliminary objection — frivolous/vexatious objection premature; strike out for incompetence; costs withheld.
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18 December 2023 |
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Constitutional petition struck out for failing mandatory affidavit requirements and for not exhausting alternative remedies.
Constitutional petitions — locus standi — BRADEA s4(2) affidavit requirement — exhaustion of alternative remedies — BRADEA s4(5)/s8(2) — administrative acts subject to judicial review — challenge to Land Act s51 procedures.
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15 December 2023 |
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Judicial review is premature where a statutory appeal to the Minister remains pending; applicant must exhaust or compel decision first.
Administrative law – judicial review – exhaustion of alternative remedy – Rule 11(1) appeal to Minister – permissive "may" does not absolve duty to decide – prematurity and abuse of process – mandamus to compel determination – amendment to implead Minister refused.
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15 December 2023 |
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A striking‑out order disposing of an application can be final, permitting review under section 78(1) CPC.
Civil Procedure – Review under section 78(1) CPC – Section 78(2) bar on review of interlocutory or preliminary orders – Test of finality: whether the order finally disposes of parties' rights – Striking out an application for defective affidavit can be a final order – Review competent where struck-out order finally determined the matter.
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15 December 2023 |
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A BRADEA constitutional petition may challenge subsidiary legislation if it pleads violation of basic rights; necessary parties must be joined.
Constitutional procedure – BRADEA jurisdiction to enforce basic rights – Distinction between BRADEA remedies and judicial review (Cap 310) – Challenges to subsidiary legislation under BRADEA – Joinder of necessary parties for enforceable orders.
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15 December 2023 |
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Governing Council breached impartiality; court quashed its decision and ordered party to observe due process.
Political party disciplinary proceedings; Regulation for emergency disciplinary measures; adequacy of notice and opportunity to be heard (natural justice); rule against bias — members sitting at first instance and on appeal; availability of certiorari and mandamus; prohibition unavailable when proceedings are complete.
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14 December 2023 |
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Applicant failed to show sufficient cause for extension of time to seek judicial review; application dismissed.
Limitation—extension of time under section 14 Law of Limitation Act; requirements from Lyamuya—account for each day, diligence, inordinate delay; necessity of evidencing reasons in affidavit; non-service of termination letter and alleged exhaustion of domestic remedies insufficiently pleaded; dismissal for failure to show sufficient cause.
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13 December 2023 |
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Applicant granted extension because alleged illegality was apparent on face of record despite unexplained delay.
* Civil procedure – extension of time – illegality as ground for extension – point must be of sufficient importance and apparent on the face of the record.
* Evidence – judicial notice – court’s duty under sections 58 and 59(2) of the Evidence Act.
* Appeal procedure – notice of intended appeal – requirement to account for each day of delay but illegality may excuse unexplained delay if apparent on record.
* Admission of facts – admitted facts require no proof and trial court’s treatment of admissions may raise a pure point of law.
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11 December 2023 |
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8 December 2023 |
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Failure to exhaust mandatory internal dispute-resolution under community regulations renders the court application premature and it is struck out.
Administrative law — judicial review — requirement to exhaust internal remedies under community regulations before approaching court; Preliminary objection — sufficiency and timing — point of law may be decided at any stage; Procedural compliance — citation of provisions and jurat defects not determined as dispositive where other grounds dispose of the matter.
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5 December 2023 |
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Judicial review dismissed where statute provided an appeal and applicant was previously held to lack locus standi.
Land Registration Act s.102(1) – statutory appeal to High Court for any person aggrieved by Registrar’s decision; judicial review inappropriate where statute provides appeal; locus standi – prior High Court rulings declaring applicant lacked interest preclude maintenance of suit; re‑registration equates to assertion of ownership.
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5 December 2023 |
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Case‑management remarks and procedural events do not alone establish a real possibility of judicial bias; recusal dismissed.
Recusal – apprehension of bias – test of the fair‑minded and informed observer – judicial ethics rule 9(1)(a) – case‑management comments and preliminary objections – adjournment and appearance of multiple state attorneys – standards for disqualification.
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1 December 2023 |
| November 2023 |
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Judicial review must be confined to matters for which leave was granted; unscreened additional claims require striking out.
Judicial review — scope limited to matters "in respect of which leave was granted" under rule 8(1)(a) GN No. 324 of 2014; leave as screening mechanism; additions to main application not screened at leave stage are impermissible; preliminary objection striking out main application.
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30 November 2023 |
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Documentary SMS evidence showed termination, but appellant failed to strictly prove special or punitive damages; appeal dismissed with costs.
Contract — termination of representation agreement — documentary evidence (SMS) vs hearsay; burden and standard of proof — section 110 Evidence Act; strict proof required for specific damages — section 73(1) Law of Contract Act; petty cash vouchers as proof of payment; thresholds for general and punitive damages.
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28 November 2023 |
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Leave granted to seek judicial review of exam-nullification and discontinuation over an arguable denial of hearing.
Administrative law – Judicial review – Leave to apply for prerogative orders; test for leave: arguable/prima facie case, within six months, sufficient interest (Emma Bayo); procedural fairness – right to be heard – examination irregularity and disciplinary procedure; decision to nullify examination results and discontinue student.
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27 November 2023 |
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Court granted leave to appeal on arguable issues about Government’s entitlement to instruction fees and AG/SG advocate-client status.
Appellate procedure – leave to appeal under s.5(1)(c) AJA – discretion to grant leave only where issues raise arguable/legal points; Government litigation costs – entitlement to instruction fees; advocacy relationship between Government and Attorney General/Solicitor General; relevance of section 13, Government Proceedings Act.
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24 November 2023 |
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Application for mandamus to obtain dismissal decision struck out for failure to exhaust internal remedies.
Judicial review – leave to apply – mandamus to compel production of administrative decision – requirement to produce impugned decision – time limitation under GN No. 324/2014 – exhaustion of internal remedies – preliminary objections on time-bar and prematurity.
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23 November 2023 |
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Verifying affidavits must not introduce new facts; despite expungement, leave to seek judicial review was granted.
Judicial review — leave application — verifying affidavit must verify statement and not introduce new facts; offending averments expunged; after expunction leave granted where application is timely, domestic remedies exhausted, applicants have interest and an arguable case (denial of fair hearing).
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21 November 2023 |
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Judicial review application struck out for failure to exhaust statutory restoration remedy under Companies Act section 400(6).
* Companies Act s.400(6) – statutory restoration of deregistered company within ten years – procedure and remedy
* Judicial review – prerogative writs (certiorari and mandamus) as supervisory remedies limited to process, not merits
* Exhaustion of alternative/local remedies – prerequisite to grant of certiorari/mandamus; adequacy, convenience and effectiveness of statutory remedy
* Jurisdictional limitation – High Court’s judicial review powers constrained where special statutory forum/remedy exists
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20 November 2023 |
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Extension of time granted where apparent illegality in termination procedure justified delay despite some unexplained days.
* Extension of time – section 14(1) Law of Limitation Act – discretionary power – must show sufficient cause; accounting for every day of delay. * Illegality as sufficient cause – apparent illegality on the face of the record (denial of hearing; lack of jurisdiction) can justify extension. * Judicial review procedure – time limit for leave under Law Reform (Fatal Accidents and Miscellaneous Provisions) Act and GN No. 324/2014. * Disciplinary procedure – interplay between Commissioner General and Police/Prison/Immigration Commission under G.N. No. 473/2018 and section 7(3) of Police Force and Prison Services Commission Act.
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20 November 2023 |
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Appellant failed to prove specific damages or injury extent; expert evidence required, but general damages of Tsh 2,000,000/= awarded.
* Civil evidence – standard of proof – balance of probabilities; burden on person alleging facts. * Damages – special (specific) damages must be specifically pleaded and strictly proved. * Expert evidence – medical expert opinion may be necessary to establish extent/degree of injuries; assists but not binding. * Motor Vehicle Insurance – insurer’s liability for third-party injuries under statutory scheme. * Appeal – trial magistrate’s refusal of claim for lack of proof justified where evidence insufficient.
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20 November 2023 |
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Certiorari to quash disciplinary dismissal refused; mandamus granted to compel payment of applicant's unpaid salary arrears.
Judicial review — prerogative orders — certiorari and mandamus; public service disciplinary procedure; requirement to seek unpaid leave before contesting political office; natural justice and right to be heard; recovery of salary arrears by public servant.
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20 November 2023 |
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High Court lacks jurisdiction to revise interlocutory district court orders that do not finally determine the suit.
Civil procedure — Revision under section 79 CPC — Limits on revising interlocutory or preliminary orders — Section 79(2) bars revision of interlocutory orders unless they finally determine suit; stay of execution is the appropriate remedy against execution of interlocutory orders.
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17 November 2023 |
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Constitutional petition struck out for failure to exhaust available judicial review remedies in an administrative land-acquisition dispute.
Constitutional petition — requirement to exhaust alternative remedies — sections 4(5) and 8(2) Basic Rights and Duties Enforcement Act — judicial review/prerogative writs as adequate remedy — administrative action — competence of constitutional jurisdiction.
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13 November 2023 |
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Appeal to procurement appeals authority was time‑barred; certiorari and mandamus dismissed for lack of merit.
Public Procurement Act – computation of seven working days for appeal under ss.95–97; timeliness of appeal to Appeals Authority; certiorari to quash appeal dismissal; mandamus – cumulative conditions (demand/refusal, statutory duty, locus, no alternative remedy); remedy of leave under s.98 for extension of time.
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13 November 2023 |
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Leave to seek judicial review of a procurement-appeal decision was granted as timeous, arguable, and supported by sufficient interest.
* Judicial review – leave to apply for prerogative orders – thresholds at leave stage: timeliness, arguable case, locus standi. * Public procurement – section 101(1) PPA – 14-day limitation; Law Reform Act – six-month limitation. * Procedural fairness – raising and deciding issues (cool-off period) suo motu without hearing. * Leave stage is a low threshold; court should not determine substantive merits.
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10 November 2023 |
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A respondent’s licence non-renewal does not absolve it from remitting statutory contributions to the applicant.
NSSF contributions — Employer’s duty to deduct and remit statutory contributions — Non-renewal of operating licence does not automatically terminate employment or extinguish remittance obligations — Proof required to show cessation of operations and salaries — Use of settlement deed as basis for calculating arrears — Penalties require proof/notice.
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2 November 2023 |
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Application struck out as premature for failing to exhaust statutory Public Service Act remedies before seeking judicial review.
Administrative law – judicial review – requirement to exhaust statutory administrative remedies under Public Service Act (s.32A); Appeal to Public Service Commission (s.10(1)(d)); Finality of administrative decisions; Applicability of regulations – new regulations not retrospective (GN 444/2022 inapplicable to March 2022 decision); Exception to exhaustion rule – adequacy, speed and effectiveness.
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1 November 2023 |
| October 2023 |
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Whether a constitutional challenge to a Chief Justice tenure extension was res subjudice and if joinder breached BRADEA.
Constitutional law — High Court jurisdiction to interpret Constitution (Article 108) — Procedural law — res subjudice doctrine: ‘directly and substantially in issue’ — Public interest litigation — identity of parties under same public title — Basic Rights and Duties Enforcement Act s.4(4) limited to Bill of Rights petitions.
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17 October 2023 |
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Charge sheet’s wrong date and vague particulars rendered criminal charge incurably defective; conviction quashed, civil/arbitral remedies preserved.
Criminal procedure – Particulars and date in charge sheet – Duty to prove specific date where alleged – Insufficiency of particulars (description of goods) – Incurable defect; retrial undesirable if sentence already served – Complainant’s civil/arbitral remedies preserved.
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13 October 2023 |
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The High Court struck out an appeal as functus officio after it had previously affirmed the same sentence.
* Criminal procedure – Finality of judgment – Functus officio – High Court cannot re-open or vary sentence it previously affirmed except when varied by superior court. * Jurisdiction – Pending related appeal at Court of Appeal and res judicata implications for competence of subsequent proceedings. * Appeal competence – differences in grounds or absent parties do not permit re-litigation of a finally determined sentence.
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6 October 2023 |
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Leave granted to seek judicial review alleging denial of fair hearing in dismissal confirmed by the President.
* Judicial review – Leave to apply – Requirements: sufficient interest, arguable case and six-month limitation. * Administrative law – Natural justice – Fair hearing in disciplinary dismissal: notice, access to documents, adequate time to prepare defence, proper constitution of committee. * Remedies – Certiorari, mandamus and prohibition.
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5 October 2023 |
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A public-interest challenge to an intergovernmental agreement was struck out as res judicata of an earlier PIL.
Res judicata; preliminary objection; public interest litigation (BRADEA); jurisdiction; Intergovernmental Agreement; capacity to contract; public procurement and ratification process.
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2 October 2023 |
| September 2023 |
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An unrepresented plaintiff must prove and quantify civil damages; dismissal for unproven ex parte claims was proper.
Civil procedure – burden of proof (s.110 Evidence Act) – unrepresented litigants – duty to prove and quantify damages – ex parte hearing – weight of criminal conviction in civil claims.
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29 September 2023 |
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Appellant’s armed robbery conviction quashed due to contradictory charge particulars, unreliable identification, and failure to prove theft.
Criminal law – Armed robbery – sufficiency of particulars in charge sheet – prosecution must prove specific place/identity/ownership as charged; Visual identification – requirements for reliable identification at night and need for detailed description or identification parade; Theft (actus reus) – prosecution must prove appropriation/transportation of property; Inconsistent charge sheet and witness evidence vitiate conviction.
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29 September 2023 |
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Whether presidential suspension/extension under Article 120 applies to the Chief Justice — court upholds it.
* Constitutional law – interpretation – Articles 118(2) and 120(1)-(4) – cross-reference and harmonious reading; applicability of presidential powers under Article 120(2) and (3) to the Chief Justice.* Retirement – Chief Justice as Justice of Appeal – same retirement regime applies.* Separation of powers – role of judiciary in constitutional interpretation.
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22 September 2023 |
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Application to allow electronic recording dismissed for failure to seek supply of recordings and insufficient affidavit support.
* Electronic recording of proceedings – Rule 17(1)–(2) – court may direct electronic recording where equipment is available and recordings preserved in Judiciary‑approved, accurate and trustworthy device.
* Supply of electronic record – Rule 18(1) – distinct relief requiring separate application by a party or interested person.
* Civil procedure – requirements for chamber summons and supporting affidavit – court will not grant relief not properly pleaded or supported.
* Principle – court cannot grant relief not prayed for.
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21 September 2023 |
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Applicant’s dismissal and appellate decisions quashed for breach of right to be heard and improper usurpation of Commission’s jurisdiction.
Administrative law – judicial review – certiorari and mandamus; natural justice – right to be heard; public service disciplinary procedure – appeal and remit; appellate authority usurpation of jurisdiction.
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20 September 2023 |
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Leave granted to seek judicial review of company deregistration; s.400A(6) is not a mandatory internal remedy to exhaust.
Judicial review – Leave to apply for prerogative orders – Companies Act s.400A(3),(6) – whether s.400A(6) is an internal remedy to be exhausted – availability of alternative remedies does not automatically bar leave – Emma Bayo conditions (arguable case, six months, sufficient interest).
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15 September 2023 |
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Applicant entitled to a written decision with reasons under Cap 334; mandamus compels Registrar to supply it for appeal.
Land Registration Act (Cap 334) – rectification of land register under s.99(1) – requirement to give decision in writing with reasons under s.101 – right to appeal to High Court under s.102(1) and s.102(3) (appeal must be accompanied by copy of decision) – administrative compliance – mandamus to compel Registrar to furnish written decision and reasons.
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14 September 2023 |
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State Attorneys acting in office are not entitled to advocate fees recoverable as costs unless they are paid or authorised as private advocates.
* Civil Procedure – Costs – Section 30 CPC – costs are discretionary and aimed at reimbursing reasonable litigation expenses.
* Advocates Act – section 3 and section 34 – Law Officers/State Attorneys exempted; practising certificates generally not issued.
* Advocates Remuneration Order – scale applies to practising advocates; Taxing Master may allow variation on special grounds.
* Office of the Attorney General/Solicitor General statutes and guidelines – confer right of audience and statutory duties on law officers but do not create client–advocate relationship entitling advocate fees unless remunerated or authorized.
* Taxation – disallowance of advocate fees awarded to State Attorney where Government did not incur/pay such fees.
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13 September 2023 |
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Electronic filing date counts for judicial review time limits; time‑bar objection overruled, exhaustion‑of‑remedies issue reserved.
Judicial review — time limitation — rule 8 of GN No.324/2014 — electronic filing treated as date of filing under rule 21(1) Electronic Filing Rules 2018 — burden to prove electronic filing date — exhaustion of remedies under Public Service Act (s.32A) reserved for main hearing.
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12 September 2023 |
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Uncured variance between charge date and victim’s evidence vitiated the prosecution’s case; conviction quashed.
Criminal law — variance between charge particulars and evidence — requirement to amend charge under section 234 CPA; procedural irregularities (s192(3), s210(1)) curable absent prejudice; proof beyond reasonable doubt.
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6 September 2023 |
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Appeal dismissed—victim competent, medical evidence credible, corroboration unnecessary where child witness found truthful.
Criminal law – Rape – proof beyond reasonable doubt – Child complainant competency and oath after statutory amendment – Voire dire for tender age children no longer required – Evidence of medical officer as corroboration – Corroboration not mandatory under s.127(6) where child is found credible – Appellate re‑evaluation of trial court’s analysis.
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6 September 2023 |
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Conviction on an unequivocal guilty plea upheld; appellate court reduced excessive sentence and ordered concurrent terms.
* Criminal law – guilty plea – unequivocal versus equivocal plea; voluntariness and knowledge of consequences
* Evidence – admission of PF3 and caution statement after plea; tendering documentary proof desirable but not mandatory
* Procedure – delay in composing judgment after plea; section 90-day rule
* Sentencing – excessiveness of sentence; appellate alteration of sentence and concurrency versus consecutivity (s.366(1)(b))
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6 September 2023 |
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Alleged denial of hearing can amount to illegality, justifying an extension of time to seek judicial review.
Administrative law — Extension of time — Allegation of illegality (denial of right to be heard) can constitute sufficient cause to extend time to seek judicial review; courts should permit examination of alleged illegality.
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5 September 2023 |
| August 2023 |
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Judicial-review application challenging permit revocation dismissed as time-barred; withdrawal with leave does not extend limitation.
Administrative law – judicial review – prerogative orders (certiorari, mandamus, prohibition) – limitation period under section 19 Cap 310 (six months); Procedural law – GN No. 324/2014 rule 17 – application of High Court practice; Civil Procedure – Order XXIII r.2 CPC – withdrawal with leave to refile does not extend limitation; Limitation law – Law of Limitation Act – exemptions under Order VII r.6 CPC correspond to LLA ss.20–23 and must be pleaded.
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28 August 2023 |
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Acquittal due to broken chain of custody despite conclusive chemist report linking seized substance to cannabis.
Criminal law – Drugs trafficking – Recovery of cannabis from vehicle – Admissibility and conclusiveness of Government chemist report – Chain of custody requirements – Missing witness/handovers undermining integrity of exhibit – Acquittal for failure to prove case beyond reasonable doubt.
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25 August 2023 |
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Court quashed administrative orders closing a mosque and appointing an interim committee as ultra vires and breaching freedom of religion.
* Administrative law – Judicial review (certiorari and prohibition) – Excess of jurisdiction and unreasonableness in administrative decisions.
* Constitutional law – Freedom of religion (Article 19) – unlawful administrative interference with worship and religious institutions.
* Evidence/procedure – Validity and weight of counter-affidavits; hearsay where others mentioned do not swear affidavits.
* Locus/competence – Standing of bodies pending registration to seek judicial review.
* Police powers – Lawfulness of oral administrative directions declaring assemblies unlawful.
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24 August 2023 |
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Extension of time granted to file judicial review; delay sufficiently explained, illegality not apparent on record.
Extension of time – section 14(1) Law of Limitation Act; Lyamuya criteria (account for delay, diligence, non-inordinate delay); technical delays and weekends as acceptable reasons; illegality must be apparent on face of record to found an extension.
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22 August 2023 |