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Citation
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Judgment date
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| December 2020 |
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Petition struck out for failure to comply with mandatory Section 6 BRADEA requirements; improper affidavit paragraphs expunged.
Constitutional procedure – BRADEA s.6 mandatory petition contents – non‑compliance attracts striking out; Affidavit practice – Order XIX r.3 prohibits legal argument and extraneous matter in affidavits; Frivolous/vexatious objection – premature at preliminaries unless pure point of law.
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17 December 2020 |
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Court granted extension of time to file an appeal after uncontroverted explanation that a Notice of Appeal was misplaced.
Extension of time to appeal; Criminal Procedure Act s.379(2); Appellate Jurisdiction Act s.11(1); misplaced Notice of Appeal as cause of delay; ex parte application where respondent defaults.
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16 December 2020 |
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Extension of time refused: inordinate delay, advocate negligence insufficient, and alleged illegality not apparent on record.
• Civil procedure — Extension of time — Good cause required under Law of Limitation Act — factors: duration of delay, diligence, inordinate delay, and point of law/illegality. • Advocate negligence — generally not sufficient ground for extension absent exceptional circumstances. • Delay in supply of certified judgment — requires proof to exclude period under limitation statutes. • Illegality — must be apparent on face of record to justify extension of time.
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15 December 2020 |
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15 December 2020 |
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Leave granted to pursue an extension-of-time appeal application in representative capacity for retrenched employees sharing common claims.
Representative proceedings – leave to file application for extension of time to lodge notice of appeal – requirements of Order 1 r.8(1) CPC (consent of represented persons) – common interest and convenience – procedural preliminary objections (jurisdiction, impleading) inappropriate at leave stage.
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14 December 2020 |
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Pre-enactment challenges to Bills are generally barred by section 8(3) BRADEA absent exceptional, proven circumstances.
Constitutional law; judicial review of legislation; pre-enactment challenges to Bills; section 8(3) BRADEA; separation of powers; articles 97,100,101; presumption of constitutionality; exceptional circumstances for interlocutory intervention.
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14 December 2020 |
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Internal administrative delay does not constitute good cause to extend time for filing a notice of appeal; application dismissed.
Extension of time – discretionary remedy – requirement to show good cause; accounting for all periods of delay; internal administrative delay not good cause; technical delay for incompetent proceedings; Rule 83(2) Court of Appeal Rules and s.11(1) AJA considered.
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14 December 2020 |
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Application for attachment before judgment dismissed for failure to prove ownership or imminent dissipation and to meet Order XXXVI requirements.
Civil procedure — Attachment before judgment — Order XXXVI Rules 6(1)(a) & 7(1) — Requirement to prove ownership, imminent disposal or removal of property and to afford defendant opportunity to furnish security or show cause — Exceptional remedy not to be granted on hearsay.
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10 December 2020 |
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Plaintiffs proved discharge of bank facilities; bank failed to prove debt or justify disposal of mortgaged properties.
Banking law – discharge of facilities by account deposits; requirement for primary documentary evidence (bank statements) to prove indebtedness; adverse inference for failure to produce pleaded documents; mortgage enforcement and validity of statutory notice to dispose.
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10 December 2020 |
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High Court declined judicial review for unexhausted tax remedies and struck out the omnibus application.
Administrative law – Judicial review – prerogative orders (certiorari and mandamus) – requirement to exhaust statutory tax remedies before seeking the High Court’s supervisory jurisdiction. Tax law – Tax Revenue Appeals Act, Tax Administration Act – objection and appeal routes to Tax Revenue Appeals Board and Tribunal as exclusive statutory remedies. Civil procedure – omnibus applications – combining leave for judicial review and interim relief under different laws is incompetent. Evidence – affidavit by advocate – limits of personal knowledge; hearsay paragraphs (2, 16, 17) expunged.
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10 December 2020 |
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Reference partly succeeds: applicant's late filing excused but Tax Master must exclude costs incurred after judgment date.
Advocates Remuneration Order / Bill of costs – time limits – where no specific statutory time limit exists a 60‑day rule may fill the lacuna – court discretion to excuse delay. Taxation practice – costs recoverable limited to work up to judgment date – taxation of items after judgment is improper. Procedure – preliminary objection to time‑bar – Taxing Master's decision reviewable where items taxed fall outside allowable period.
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8 December 2020 |
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Appellate court quashed court-martial convictions due to doubts about tribunal independence and absence of reasons for conviction.
• Military law – Court-martial procedure – Signature of charge sheet – irregularity curable if no prejudice shown; • Military justice – Independence and impartiality of tribunal – external interference in custody decisions can vitiate a fair trial; • Criminal procedure – Duty to give reasons – failure to assign reasons for convictions/sentence amounts to miscarriage of justice; • Remedy – Acquittal ordered where tribunal impartiality is in doubt and reasons are absent.
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8 December 2020 |
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Retracted caution statement must be inquired into; pregnancy alone and weak medical evidence insufficient for conviction.
Criminal law – statutory rape – evidential requirements; retracted caution statement – inquiry required before admission; evidence of medical witness and PF3 – necessity of proper tendering and clarity on penetration; voir dire – not required if witness apparent age exceeds 14; pregnancy alone insufficient to prove accused caused sexual intercourse without corroboration; proof beyond reasonable doubt.
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7 December 2020 |
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Respondent validly rescinded loan facility after applicants concealed material facts; claim dismissed.
Contract law – Facility agreement – material misrepresentation and concealment of fundamental terms; rescission of loan facility – utmost good faith (uberrimae fidei); pre-disbursement conditions (domiciliation) – failure to comply; mortgage security – general lien and discharge on payment.
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4 December 2020 |
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Whether the respondent breached a written loan agreement; court ordered repossession and EUR25,000 general damages to the applicant.
Contract law – Loan agreement – Existence and enforceability of written loan agreement; breach for non-payment – Security / right of repossession – Foreign loan registration with Bank of Tanzania – Pleading and proof of specific damages – Jurisdiction and choice of law clause – Effect of failure to challenge document authenticity by cross-examination.
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4 December 2020 |
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Applicant’s attempt to reopen matters already decided was barred by functus officio and abuse of process; application dismissed.
Civil procedure – functus officio – finality of judgment and prohibition on re-opening matters decided on the merits. Res judicata and abuse of process – re-litigation where parties/issues are interlinked. Prerogative orders – leave to apply for mandamus and correct remedy of appeal where matter decided on merits. Distinction between striking out for irregularity and final disposal on merits.
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4 December 2020 |
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Delay and lack of diligence, not alleged illegality, justified dismissal of extension of time to appealRegistrar's title cancellation.
Land law — extension of time to appeal — requirement to account for each day of delay; negligence of counsel not sufficient excuse; plea of illegality may justify extension but is subject to diligence; right to be heard and procedural compliance in land registration appeals; amended affidavit versus supplementary affidavit — procedural impropriety.
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1 December 2020 |
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Occupants of a gazetted road reserve failed to prove title or an enforceable compensation agreement; claim dismissed.
Road reserve – gazettement (G.N. No.161/1967) and width rules – effect on private ownership and trespass claims Trespass to land – onus to prove possession or ownership; continuing trespass on gazetted road reserve Evidence – documentary proof of historic compensation and ministerial correspondence outweighs unsigned affidavits and unproven testimony Contract/administrative agreement – committee valuation or recommendation does not establish a binding government obligation if later superseded/nullified
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1 December 2020 |
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Confiscation of timber without requisite licences was lawful under the Forest Act; applicant's damage claim dismissed.
Forest law – seizure and disposal of forest produce – sections 88 and 94(4) Forest Act; Civil burden of proof – balance of probabilities; Special damages – requirement of specific pleading and strict proof; Equity – clean hands doctrine; Lawfulness of administrative confiscation for public purpose.
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1 December 2020 |
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Bank justified in freezing account amid shareholder mandate dispute; third defendant ordered to pay costs.
Banking law – freezing customer accounts – duty to inquire upon credible shareholder mandate dispute – liability for unauthorized withdrawals; corporate governance – validity of board resolutions and change of signatory mandates; evidentiary inference – failure to call material witness; costs against party causing mandate dispute.
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1 December 2020 |
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Applicant failed to show sufficient cause or to account for each day of delay; extension of time dismissed.
Practice — Extension of time — Requirements for sufficient cause — Applicant must account for each day of delay; death of advocate and ignorance of procedure not per se sufficient cause — Inaction/negligence not grounds for extension.
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1 December 2020 |
| November 2020 |
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Discontinuation quashed for breach of natural justice; court refused to compel award of diploma.
Judicial review – certiorari and mandamus – scope and limits of prerogative orders; Administrative law – natural justice – audi alteram partem, need for adequate notice of charges and reasonable time to prepare a defence; Academic discipline – institutional autonomy in disciplinary processes and awarding of academic credentials; Alternative remedies – availability/exhaustion of appeal as bar to judicial review; Scope of review – procedural impropriety not merits of evidence.
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30 November 2020 |
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Application to file and register an arbitral award under section 12(2) granted; award registered as a court decree.
Arbitration Act s.12(2) – filing/registration of arbitral award – Final award declared as Court decree; enforcement and apportionment of liabilities; performance bond enforcement; assessment of damages and costs.
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30 November 2020 |
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Application to force signing of draft Certificate of Occupancy struck out as premature where ownership is contested and no decree exists.
Land law – endorsement/execution of documents – Order XXI Rule 32 CPC – decree prerequisite for court to cause draft document to be served and executed. Civil procedure – limitation of Rule 32 objections to alterations/approval of draft in accordance with a decree, not to litigating ownership. Ownership dispute – contested factual issue and third-party claims render Rule 32 procedure inappropriate; application held premature.
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27 November 2020 |
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Court upheld discretionary extension of time where delay arose from late supply of judgment and seeking legal assistance.
Civil procedure – extension of time – discretionary relief – sufficient cause required – delay due to late supply of judgment and need to obtain legal representation may justify extension – appellate restraint in disturbing judicious exercise of discretion.
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27 November 2020 |
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Applicants’ challenge to Cybercrimes Act sections 16 and 39(2) for violating privacy and expression is dismissed.
Constitutional law – Cybercrimes Act – Sections 16 and 39(2)(a)&(b) – Alleged infringement of right to privacy (Art.16) and freedom of expression (Art.18). Statutory interpretation – constitutionality assessed from text, not speculative abuse; presumption of constitutionality. Administrative powers – Minister’s power to prescribe procedures for service providers; existence of regulations (GN No.224/2016) and judicial review as safeguards. Res judicata – earlier challenges to other provisions did not bar fresh challenge to different provisions.
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26 November 2020 |
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Court dismissed murder charge and discharged accused for prosecution’s persistent failure to produce witnesses.
Criminal procedure — Repeated adjournments; prosecutorial diligence; returned summons; court’s inherent powers and sections 284(1) and 264 CPA; dismissal of charge and discharge of accused; Evidence Act section 34B; authorities Abdallah Kondo and R v Deeman.
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26 November 2020 |
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Creditor's statutory demand proved insolvency; court wound up the company and appointed a liquidator.
Companies Act – Winding up – s.279(1)(d) (company unable to pay its debts) – statutory demand under s.280(a) met where debt exceeds threshold, demand served and 21 days lapsed. Companies Act – s.279(1)(c) (members falling below two) – insufficient evidence of shareholders' deaths cannot found winding up. Procedure – substituted service and ex parte hearing where respondent failed to appear. Winding up – appointment of liquidator and realization of assets to satisfy creditors; requirement to register order with Registrar of Companies.
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24 November 2020 |
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Third party must refund transferred funds; bank acted on alleged customer instructions and not held liable.
Banking law – unauthorized withdrawal – telephone instructions and bank's internal procedures; Third party receipt of funds – unexplained receipt and liability to refund; Standard of proof – civil balance of probabilities and heightened approach to fraud allegations (R.G. Patel).
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20 November 2020 |
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Bank licence status and unjust enrichment principles determine enforceability of loan and guarantor liability.
Business Licensing Act s.3(1) — requirement of valid business licence for carrying on business; effect of licence irregularities on contract enforceability Law of Contract Act s.65 — unjust enrichment and restitution where a contract is void or becomes void Capacity to contract — Bank of Tanzania licence and ministry business licence as evidence of capacity Mortgage enforcement — failed auction and rights of secured creditor to pursue sale
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20 November 2020 |
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Bank’s BOT licence and historic business licences upheld contract enforceability; borrower and guarantor liable for repayment and unjust enrichment.
Business Licensing Act — capacity to contract — whether absence or lapse of a Ministry business licence voids bank loan; Bank of Tanzania licence as lawful capacity; Law of Contract Act s.65 — unjust enrichment and restitution; mortgage enforcement — failed auction; entitlement to contractual and decretal interest and costs.
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20 November 2020 |
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Discharge under s.91(1) CPA is not a favourable termination; reasonable and probable cause defeats malicious prosecution claim.
Tort — Malicious prosecution — Elements required: prosecution, favourable termination, lack of reasonable and probable cause, and malice; discharge under s.91(1) CPA not a favourable termination; reasonable/probable cause where vehicle uninsured and driver implicated.
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18 November 2020 |
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An unopposed withdrawal of a suit was granted; leave unnecessary if limitation not at issue, and the plaintiff ordered to pay costs.
Civil procedure – Withdrawal of suit – Unopposed application to withdraw granted; Leave not required where limitation is not at issue; Costs awarded against withdrawing plaintiff due to protracted proceedings and defective pleadings.
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17 November 2020 |
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Applicant failed to prove respondent's negligence or damages from the alleged summation error; suit dismissed with costs.
Negligence – duty of care of General Manager; breach, causation and foreseeability tests; Evidence Act s.112 burden of proof; requirement to plead and strictly prove special damages; contractor/consultant liability for bill-of-quantities summation errors.
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16 November 2020 |
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Lessor lawfully repossessed leased trucks after lessee default; lessee and guarantors held liable and ordered to surrender assets or pay outstanding debt.
Contract/Lease law – interpretation of termination and repossession clauses permitting retaking of leased equipment on lessee default without prior notice. Default and remedies – lessee's failure to pay instalments justified lawful repossession; arrears and liabilities enforceable. Property/asset control – removal of geolocation devices and failure to notify insurer/lessor breach contractual obligations. Guarantor liability – guarantors held liable for breach of guarantee and ordered to satisfy obligations or facilitate asset surrender.
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16 November 2020 |
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Accused convicted for intentionally causing grievous harm (loss of eye); self‑defence rejected; sentenced to community service and compensation.
Criminal law – Acts intended to cause grievous harm (s.222(a) Penal Code) – medical evidence of globe rupture and enucleation; Evidence – victim, medical and police corroboration; Self‑defence – excessive force; Sentencing – community service and compensation ordered.
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12 November 2020 |
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Tenant unlawfully locked out and evicted without contractual notice; general damages awarded but specific damages not proved.
Lease — existence and terms — breach by landlord locking out and evicting tenant without contractual notice — entitlement to compensation; special damages require specific pleading and proof; award of general damages and interest; costs.
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6 November 2020 |
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Plaintiff proved purchase and possession; court ordered defendant to complete title transfer but denied damages.
Property law – asset sale and assignment – effectiveness of memorandum of understanding and deed of handover; proof of payment and possession; requirement of consent for assignment to affiliates; pleading obligations and sufficiency of defence; entitlement to declaratory relief and transfer — damages not established for failure to mitigate or pursue contractual remedies.
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3 November 2020 |
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Failure to state the subject-matter value and to frame issues rendered the suit incompetent and it was struck out.
Land law; jurisdiction — requirement to state value of subject matter in plaint (Order VII Rule 1(i)) ; pecuniary jurisdiction determined by substantive claim not general damages; procedural compliance — mandatory final pre-trial conference and framing of issues (Order XIV Rule 1(5)).
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3 November 2020 |
| October 2020 |
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Unexplained post-judgment delay and lay status do not justify extension of time; application dismissed with costs.
Civil procedure – extension of time – applicant must account for all period of delay; delay must not be inordinate; applicant must show diligence; existence of point of law or illegality may justify extension. Pleadings and technique – being a lay litigant does not excuse noncompliance with procedural timelines. Exercise of discretion – Court will refuse extensions where delay appears tactical or intended to frustrate execution.
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30 October 2020 |
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Newspaper substituted service was valid; applicant failed to show sufficient cause to set aside the ex parte judgment.
Civil procedure – setting aside ex parte decree (Order IX Rule 13) – substituted service by publication (Order V Rule 20) – sufficiency of newspaper publication as proof of service – requirement to show summons not duly served or sufficient cause for non-appearance – functus officio: court cannot overrule its earlier order.
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30 October 2020 |
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Application for extension of time to seek judicial review dismissed for failing to account for a ten-year delay.
Law of Limitation Act s14(1) — extension of time to seek leave for prerogative orders; s44(1) inapplicable to leave applications to court; duty to account for each day of delay; prerogative remedies — judicial review; authorities: Nyachiya, Hashimu Madongo, Lyamuya.
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27 October 2020 |
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Court granted extension of time to appeal due to a serious point of law on inheritance of children born out of wedlock.
Extension of time – Lyamuya guidelines – requirement to account for delay, diligence, and inordinate delay – omnibus prayers struck out – illegality/serious point of law (inheritance rights of children born out of wedlock) may constitute sufficient reason to grant extension – costs to abide event.
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27 October 2020 |
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Court found house matrimonial, adjusted division to 80/20, upheld father's custody and granted mother visitation rights.
Family law – division of matrimonial property – section 114 Law of Marriage Act – assets acquired or substantially improved during marriage – monetary and non-monetary contributions. Matrimonial property – valuation and buy-out rights; first right of refusal. Child custody – best interests principle and stability; presumption for under-sevens rebuttable; visitation rights and conditions. Evidentiary considerations – assessment of contribution where parties cohabited during acquisition.
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27 October 2020 |
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23 October 2020 |
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Failure to exhaust Defence Act remedies bars court from granting extension to seek judicial review; application struck out.
Limitation—extension of time to seek leave for judicial review; requirement to exhaust statutory remedies under the National Defence Act and Defence Forces Regulations (reg.12.26); section 63 time‑bar for suits against the Ministry of Defence; 90‑day Government Proceedings notice not equivalent to statutory complaint; jurisdictional incompetence—application struck out.
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23 October 2020 |
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Plaintiff's claim for unpaid clearing services failed because it lacked a licence and did not prove non-payment.
Civil procedure – contract dispute – oral contract for clearing and forwarding services; pleadings and estoppel; capacity/licence to operate as clearing agent; agency and payments; burden of proof; inadmissibility of photocopies under s.67(1)(b) Evidence Act.
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23 October 2020 |
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Conciliatory settlements facilitated by the Insurance Ombudsman are party agreements, not statutory "awards", and are not void for exceeding award caps.
Insurance law – Ombudsman – Mediation/conciliation versus adjudicatory award – statutory pecuniary cap applies to adjudicatory awards, not voluntary settlements; Jurisdictional limits and ultra vires challenge; Natural justice and requirement to plead/establish fraud or undue influence; Review (certiorari) principles.
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22 October 2020 |
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Leave to appeal refused where applicants failed to show reasonable prospects of success or sufficient cause.
Civil procedure — Leave to appeal to Court of Appeal (s.5(1)(c) Appellate Jurisdiction Act) — Test: reasonable prospect of success — Extension of time — Judicial discretion and accounting for delay — Right to be heard.
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21 October 2020 |
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A constitutional challenge to committal-proceedings provisions was dismissed as res judicata and abuse of court process.
Constitutional petitions — preliminary objections — res judicata as a point of law; applicability of Section 9 Civil Procedure Code; public interest litigation and privies; committal proceedings and preliminary inquiries; issue estoppel and abuse of process.
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21 October 2020 |