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Citation
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Judgment date
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| December 2011 |
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Petition for letters of administration granted where statutory publication, absence of caveat and documentary requirements were satisfied.
* Probate and Administration – Grant of letters of administration – intestacy – sufficiency of supporting documents under Probate Rules – publication of general citation and expiration of caveat period – effect of prior nullified probate proceedings.
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23 December 2011 |
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District Land Tribunal lacked jurisdiction to treat a Ward Tribunal criminal trespass as a land appeal; proceedings quashed.
* Jurisdiction – District Land and Housing Tribunal – whether it may entertain a land appeal originating from a Ward Tribunal criminal trespass matter – jurisdictional limits and proper characterization of proceedings.
* Civil procedure – nullity of proceedings where no valid appeal exists.
* Land law – referral to Village Land Council for ownership determination versus criminal trespass proceedings.
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19 December 2011 |
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Court upholds non‑bailability for money‑laundering charges and confirms PCCB’s authority to prosecute offences arising in corruption investigations.
Constitutional law — bail — money laundering non-bailable under section 148(5)(a)(v) CPA; proportionality and Oakes-type justification; separation of powers — legislature may prescribe non-bailable offences without usurping judicial function; PCCB mandate — power to investigate/prosecute offences discovered in corruption probes under DPP supervision (s.22 NPSA 2008; GN No.169/2008); PCCB not liable under s.8(4) PCCA 2007 for lawful arrests/searches/prosecutions.
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15 December 2011 |
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The High Court dismissed the appeal, holding the Revision Panel validly ordered execution and functus officio/res judicata did not apply.
Industrial Court — Revision powers under section 28 — Execution of award — Whether previous revisions barred execution; Civil procedure — functus officio and res judicata — requirements not met; Appeals — effect of notice of appeal and stay of execution; Adequacy of reasons — Panel’s consideration of grounds; Order certainty and enforceability.
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15 December 2011 |
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Repeated applications to set aside an ex parte judgment were abuse of process; the proper remedy was appeal.
* Civil procedure – abuse of court process – repetition of applications previously decided; * Res judicata / functus officio – once matter decided trial court has no jurisdiction to re-determine it; * Execution – execution from a short judgment valid unless set aside by a superior court; * Right to be heard – available remedies are appeal, not repetitive applications; * Locus – objection to locus in a separate, unrelated suit is irrelevant when respondent later acquires locus.
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12 December 2011 |
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Court grants extension to lodge appeal where court-made procedural defects and important land ownership issues show sufficient cause.
* Civil procedure – Extension of time – Application under Section 11 Appellate Jurisdiction Act – Granting enlargement where procedural defects caused by the court prevented timely appeal; * Decrees and judgments – unsigned decree and inconsistent dates – consequences and attribution of fault; * Appeals – importance of substantive issues (land ownership) as factor in exercising discretion to extend time.
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12 December 2011 |
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Court orders executor to value estate and pay the applicant one-eighth under Islamic inheritance law.
Probate and administration; Islamic succession law; entitlement of surviving wife to kithumni (1/8) where deceased left children; adequacy of testamentary provisions; executor ordered to value estate and satisfy one-eighth share (cash or equivalent property).
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12 December 2011 |
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Appeal allowed: conviction quashed due to improperly admitted hearsay and unresolved reasonable doubts in prosecution's case.
Evidence — admissibility of extra‑judicial statements: section 34B Evidence Act; hearsay and procedural safeguards; Sexual offences — child victim evidence and sufficiency (sections 143 and 127(7) Evidence Act); Standard of proof and appellate re‑evaluation of safety of conviction.
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8 December 2011 |
| November 2011 |
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A first appellate court’s failure to identify issues and give reasons renders its judgment invalid and subject to quashing.
Civil procedure – Appeals from Primary Courts – Rule 16, G.N. No. 312 of 1964 – First-appeal judgments must state points for determination, give decisions on them and provide reasons – Non-compliance renders judgment invalid and subject to being quashed and remitted.
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29 November 2011 |
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Claim for missing undeclared cash on flight dismissed; carrier's duty limited by General Conditions of Carriage.
Aviation law – Carrier liability and General Conditions of Carriage; scope of duty of care limited by contract; negligence – burden of proof on balance of probabilities; undeclared money/valuables excluded from airline liability.
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28 November 2011 |
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Citing a civil limitation statute in a criminal appeal application is fatal; section 361 CPA governs extensions.
* Criminal procedure – extension of time to file notice of intention to appeal – section 361(2) Criminal Procedure Act governs criminal appeals; Law of Limitation Act s.14(1) applies to civil matters only.
* Procedural law – wrong citation of applicable statute – wrong citation that defeats a specific statutory procedure renders application incompetent.
* Constitutional provision Article 107A(2)(e) and s.388 CPA – do not cure failure to invoke the specific criminal provision for extensions.
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24 November 2011 |
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Applicant must comply with Rule 106(1) (file written submissions within 60 days) despite earlier filing under old Rules.
Court of Appeal Rules — Rule 106(1) — mandatory filing of written submissions within 60 days; Transitional provision — Rule 130 — applicability to proceedings pending when new Rules come into force; discretion to dispense with new Rules where impracticable; procedural compliance required before hearing.
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17 November 2011 |
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Plaintiff failed to prove prior judgment was obtained by fraud; suit dismissed and costs awarded.
* Civil procedure – impeachment of prior judgment – allegation of fraud or collusion – requirement to particularise under Order VI Rule 4.
* Standard of proof – fraud to set aside a judgment requires higher than ordinary civil standard; must be proved with specifics.
* Effect of an earlier restraint order – whether it subsisted after being marked settled and its impact on validity of share transfers.
* Reliefs – declaration of void transfer and damages: plaintiff failed to establish entitlement.
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15 November 2011 |
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The appellant's conviction, based solely on uncertain night-time visual identification, was unsafe and quashed.
Criminal law – Plea-taking under sections 228–229 CPA – Competence of witnesses/tender age under s.127 Law of Evidence Act – Visual identification at night; necessity to prove proximity, light source/intensity, duration and familiarity – Identification parade not held; conviction unsafe where identification evidence is doubtful.
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9 November 2011 |
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High Court lacks jurisdiction to hear further appeals from Ward Tribunal matters; appeal rejected.
* Jurisdiction – Ward Tribunal Act s.20(3) – finality of Primary Court decisions and limitation on appeals; * Civil procedure – competence of High Court to hear appeals from Ward Tribunal matters; * Evidence – concurrence of tribunal and lower courts and reduction of award justified.
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8 November 2011 |
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An application for leave to appeal must follow the Appellate Jurisdiction Act and Order XLIII r.2 CPC; s.95 CPC is not a proper basis.
Civil procedure — Appeals — Leave to appeal to Court of Appeal — Inherent jurisdiction (s.95 CPC) not a proper basis for leave; Appellate Jurisdiction Act s.5(1)(c) and Order XLIII r.2 CPC govern leave applications through the High Court — Incompetent original application cannot be restored — Sections 68(e) and 95 CPC cannot salvage an improperly grounded leave application.
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8 November 2011 |
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Application to alter representative status struck out because supporting affidavit lacked jurat showing place and date.
Civil procedure – Chamber summons supported by affidavit – Jurat must state place and date – Section 8 Notaries Public and Commissioners for Oaths Act – Non-compliance incurable – Serious allegations of fraud require proper affidavit – Application struck out.
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3 November 2011 |
| October 2011 |
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Newspaper libelled a public figure by falsely identifying him in a fraud suit; belated apology only mitigated damages.
Defamation — publication and identification; false addition of identifying facts; apology as mitigation not defence; fair comment fails where false facts added; duty of journalistic due diligence; damages presumed in libel.
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31 October 2011 |
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Reported
Preliminary objections dismissed: 90‑day government notice met, plaint discloses cause of action, amendment valid; defendants to pay costs.
* Government Proceedings Act, s.6 – requirement of 90‑day notice before instituting suit against the Government – sufficiency shown by pleadings and annexed notices.
* Civil procedure – determination whether plaint discloses a cause of action – assessed on plaint and attachments, assuming allegations true.
* Pleading amendments – leave to amend and absence of objection – amendment held valid.
* Defamation – allegation of published defamatory statement in newspaper sufficient to disclose cause of action.
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31 October 2011 |
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Reported
Applicant failed to account for delay and did not show sufficient reasons for extension of time to seek leave to appeal.
* Civil procedure – Extension of time – Application under section 11(1) Appellate Jurisdiction Act – Applicant must account for every day of delay – Sufficiency of reasons determined by circumstances of each case – Lack of representation not automatically sufficient.
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31 October 2011 |
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A familiar complainant’s night-time visual identification was held reliable; conviction and mandatory 30-year sentence affirmed.
Criminal law – Armed robbery – Visual identification at night – Waziri Amani principles – familiarity, lighting, duration of observation, corroborative contemporaneous reports – mandatory minimum sentence.
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28 October 2011 |
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Whether night-time visual identification of the applicant was reliable; court upheld identification and dismissed appeal.
* Criminal law – Armed robbery – Visual identification at night – Reliability and safeguards under Waziri Amani and subsequent cases; role of source and intensity of light, familiarity, duration of observation, and contemporaneous calling of name.
* Evidence – evaluation of identification evidence and risk of mistaken recognition.
* Sentencing – mandatory minimum sentence for armed robbery (30 years).
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28 October 2011 |
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High Court cannot order the DPP to terminate prosecutions; private speaker improperly joined and subordinate courts have primary remedy for prejudicial publicity.
Constitutional law – scope of High Court jurisdiction under Basic Rights and Duties Enforcement Act; Article 59B and s.91 Criminal Procedure Act – exclusivity of DPP's prosecutorial discretion; media publicity and fair trial – subordinate court remedies and contempt; improper joinder of private person in constitutional petition; section 8(2) – alternative remedies.
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25 October 2011 |
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Reported
A demand notice to the defendant alone under rule 68 is not publication and cannot constitute defamation.
* Defamation – publication requirement – a demand notice served only on defendant does not amount to publication to others. * Pre-litigation procedure – Advocates Remuneration and Taxation of Costs Rules, 1992 (rule 68) – demand notice is a settlement device, not a judicial proceeding. * Civil procedure – plaint failing to disclose cause of action – striking out. * Procedure – power of court to vacate earlier ruling and consider further submissions.
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19 October 2011 |
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Reported
Court dismissed applicant's suit for lack of jurisdiction, finding the Tax Revenue Appeals Board had exclusive jurisdiction over customs disputes.
* Jurisdiction — Tax Revenue Appeals Board — section 7 Tax Revenue Appeals Act confers sole original jurisdiction over civil disputes arising from revenue laws administered by the Tanzania Revenue Authority.
* Civil procedure — preliminary objection — ordinary courts barred where statute grants exclusive jurisdiction to a specialized tribunal.
* Customs law — disputes on customs assessment, importer identity and sale/auction of over‑staying imported goods fall within revenue law jurisdiction.
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19 October 2011 |
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A company could not evade liability under a mortgage executed and sealed by its directors, allowing the bank to enforce its security and recover unpaid loans.
Company law – Mortgage – Validity of security executed by company – Indoor management rule – Failure to prove invalidity of mortgage against bona fide third party – Banking law – Enforcement of security – Public policy interest in recovery of loans by banks – Injunction.
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17 October 2011 |
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Conviction for rape quashed due to unreliable evidence, unproved victim age, PF-3 irregularities and date inconsistencies.
* Criminal law – Rape – sufficiency of evidence – unsworn child testimony and need for corroboration. * Criminal procedure – duty under section 240(3) Criminal Procedure Act to inform accused of right to call medical witness. * Evidence – admissibility and proper production of PF-3 medical report. * Proof of age – essential element for offence under s.130(2)(e) Penal Code. * Procedure – inconsistencies in charge sheet/dates rendering conviction unsafe.
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7 October 2011 |
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Extension of time to seek review denied for unexplained six‑month delay; Primary Court is proper forum for estate administration challenges.
Limitation—Application for review of Primary Court-originating judgment—Item 21, Part III, First Schedule, Law of Limitation Act (sixty days); Extension of time—duty to account for each day of delay; Abuse of process—review not permitted after subordinate court implemented order; Jurisdiction—Primary Courts' authority over administration of estates.
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3 October 2011 |
| September 2011 |
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A copyright infringement action must commence in the District Court; the High Court lacked original jurisdiction.
* Copyright law – jurisdiction – statutory definition of "court" – claims for injunction and damages under Copyright and Neighbouring Rights Act must be instituted in District Court. * Statutory interpretation – meaning of "may" in Section 37(1) – discretion to litigate, not choice of forum. * Civil procedure – preliminary objection – competence and striking out for want of jurisdiction.
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23 September 2011 |
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Amended election petition complied with court order; rewording and renumbering did not introduce new grounds.
* Election law – election petition amendments – compliance with court order; change of description from "officer" to "individual" not new ground. * Civil procedure – Order VI Rule 7 CPC – new grounds and inconsistent pleadings. * Pleadings – clarity and conciseness (Order VI Rule 3 CPC) – renumbering not fatal. * Procedural irregularity – Rule 32(1) GN 447/2010 and Article 107A(2)(e) – avoid denying substantive justice.
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16 September 2011 |
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Failure to file mandatory written consents of heirs with an intestacy application renders the petition incompetent and justifies refusal.
Probate law – intestacy – Rule 39, 71 and 72 of the Probate Rules – mandatory requirement of heirs’ written consent for applications for letters of administration; failure to file consents renders petition incompetent; discretion under section 64 to refuse grant.
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13 September 2011 |
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Collective pleas and absent translation safeguards vitiated convictions; appeal allowed and retrial ordered.
Criminal procedure – Plea-taking – Multiple accused – Pleas must be taken and recorded individually; collective plea “it is true” inadequate. Language barrier/translator issues – Record must show proper translation and opportunity to take exception. Defective plea-taking vitiates conviction; retrial ordered.
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8 September 2011 |
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Arrest and remand under Removal Ordinance lawful when reasonable complaints warranted investigation; suit dismissed.
Townships (Removal of Undesirable Persons) Ordinance – lawful exercise where reasonable complaints justify investigations; arrest and remand lawful if supported by probable cause; no relief where plaintiff fails to prove bad faith or damages.
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7 September 2011 |
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Nocturnal visual identification was inadequate; convictions quashed as unsafe.
Criminal law — Robbery with violence; Visual identification at night — necessity to prove source/intensity of light, proximity, duration and familiarity; Single-witness identification — dangers and standards; Conviction unsafe where identification evidence is inadequate.
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7 September 2011 |
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Minority shareholders' injunction suit dismissed; parts barred by res judicata and pleadings disclose no cause of action.
* Civil procedure — res judicata — earlier judgment conclusively determined shareholding and directorship issues; portions of plaint expunged.
* Company law — standing and authority — need for a board resolution to sue on behalf of a company; minority shareholders may sue personally.
* Cause of action — permanent injunction restraining directors from dealing with company property not disclosed; suit frivolous and dismissed.
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6 September 2011 |
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A court must identify the correct bond provision, give a person chance to show cause, and meet mandatory ss.74–75 CPA formalities.
Criminal Procedure Act – Part III (ss.70, 72, 73) – bonds for keeping the peace/good behaviour – specific section must be identified; right to show cause is essential; compliance with ss.74 and 75 mandatory; orders defective if substance, amount, term or sureties unspecified; judicial discretion to fix duration required.
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6 September 2011 |
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Reported
High Court cannot revisit subordinate court decisions under s.372 after it has already decided the same matter on appeal; remedy is appeal.
* Criminal procedure — s.372 CPA — High Court’s power to call and examine subordinate court records — does not permit revision where High Court already determined same matter on appeal.
* Criminal procedure — s.219 CPA — referral for mental examination — not applicable as a procedural basis at appellate/revision stage in this case.
* Civil/criminal procedure — jurisdictional objections must be timely raised; late submission of lack of jurisdiction is an afterthought.
* Prisons Act — duty of prison medical officer to attend to prisoners’ health; court may direct medical examination for treatment.
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6 September 2011 |
| August 2011 |
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Affidavits missing the jurat date are fatally defective; scanned signatures are not recognised as electronic signatures and pleadings defects may be amended.
- Civil procedure – affidavits – jurat of attestation – place and date mandatory under section 8 Notary Public and Commissioner for Oaths Act; omission of date fatally defective.
- Pleadings and affidavits – scanned signatures vs electronic/digital signatures – scanned reproductions are not recognised electronic signatures in absence of statutory provision; authenticity rests on production of originals.
- Pleadings – defects such as missing verification clause and scanned signatures are procedural and curable by amendment with leave.
- Evidence/procedure – witness statements (unsworn, filed without court order) are not recognized under Order XIX and may be expunged.
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29 August 2011 |
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Court permitted temporary injunction under s.2(3) JALA where CPC was silent due to a 90‑day statutory notice preventing suit.
Judicature and Application of Laws Act s.2(3) – fallback to common law where written law is silent; Civil Procedure Code Order XXXVII – scope of temporary injunctions; competence of Chamber Summons without pending suit; effect of 90‑day statutory notice under Government Proceedings Act.
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22 August 2011 |
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A court may raise and dismiss time‑barred labour claims sua motu; prior prosecution time must be pleaded or excluded by extension.
Labour law – limitation of actions – six-year limitation for trade inquiries – courts may raise and decide limitation sua motu; Law of Limitation Act (s.3, s.21) – requirement to plead or apply for exclusion/extension – Industrial Court (Revision) Rules (GN 268/1990).
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19 August 2011 |
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Appellate court ordered fresh division of all jointly acquired matrimonial assets and excluded an untendered DNA report.
Family law – Divorce – Division of matrimonial assets – Court must identify all jointly acquired assets and apply section 114(2) factors (including needs of infant children) when dividing assets; Custody – welfare of child paramount under section 125; Evidence – DNA report not tendered and not open to cross-examination is inadmissible; Presumption of legitimacy under section 121 of the Law of Evidence Act.
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17 August 2011 |
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Contradictory eyewitnesses and chaotic circumstances prevented proving the accused's identity beyond reasonable doubt.
* Criminal law – murder – requirement to prove identity of perpetrator beyond reasonable doubt – reliability of eyewitness identification in chaotic group violence; effect of contradictions and delayed arrest on identification and prosecution's burden of proof.
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5 August 2011 |
| July 2011 |
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Court refused further adjournment for defendant’s failure to produce witnesses and proceeded to final submissions under Order XVII CPC.
Civil procedure – failure to produce witnesses – Order XVII CPC – effect of default in causing attendance of witnesses – refusal of further adjournment – proceeding to final submissions and award of costs.
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25 July 2011 |
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Appellate court quashed tribunal proceedings for procedural defects, upholding representation rights and auction notice irregularity.
Land law – Execution and auction – compliance with Civil Procedure Code and Land (Conduct of Auctions and Tenders) Regulations (notice requirements); Procedural fairness – right to legal representation and natural justice; Judicial disqualification – real likelihood of bias required; Res subjudice – burden to prove pending proceedings; Retrial ordered.
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22 July 2011 |
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A supporting affidavit that identifies legal issues and contains adequate verification is not incurably defective; a pending counterclaim does not bar leave to appeal.
* Civil procedure – preliminary objections – parties may not add preliminary points without notice or court leave; such points may be disregarded.
* Affidavits – leave to appeal – paragraphs identifying legal issues are permissible and verification need only distinguish matters of knowledge from those sourced elsewhere.
* Appeals – pending counterclaim does not bar a party from seeking leave to appeal; it is not necessarily a pure point of law for preliminary disposal.
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21 July 2011 |
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No reasonable and probable cause found; unlawful confinement and malicious prosecution established, damages upheld.
* Tort — Malicious prosecution — Elements: prosecution, favourable termination, absence of reasonable and probable cause, malice, damage — burden of proof. * Unlawful confinement — detention by employer's security personnel before police arrival. * Reasonable and probable cause — evidential burden to explain suspicion. * Malice — may be inferred where no reasonable and probable cause shown. * Damages — quantification of general and special damages; special damages must be pleaded and proved. * Limitation — 90-day appeal period from certification of record ready.
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21 July 2011 |
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Revision application dismissed where the applicant failed to identify the specific subordinate‑court decision sought to be revised.
* Civil procedure – Revision (s.79(1) Civil Procedure Code) – requirement that Chamber Summons and affidavit clearly identify the subordinate‑court decision sought to be revised; * Limitation – 60‑day period for applications under Limitation Act; * Procedural defect – inconsistency between summons and annexed ruling; fatal to revision application; * Costs awarded to successful respondent.
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19 July 2011 |
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A trial court may not dismiss a suit for want of prosecution when the plaintiff is present without first asking if he wishes to proceed.
Civil procedure – Order IX Rule 8 – dismissal for want of prosecution; appearance by plaintiff versus appearance by counsel; right to be heard; natural justice; revision under s.44(1)(b) Magistrates Courts Act.
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15 July 2011 |
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Application for extension to seek certificate on point of law dismissed for invoking wrong statutory provisions.
* Appellate procedure – Certificate on a point of law – Matters originating from primary courts – Certification under section 5(2)(c) and extension of time under section 11(1) of the Appellate Jurisdiction Act.
* Limitation law – Law of Limitation Act not applicable to applications/appeals to the Court of Appeal (s.43).
* Civil procedure – Citation of wrong statutory provisions renders an application incompetent and liable to dismissal.
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15 July 2011 |
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Court dismissed certiorari and mandamus applications, finding semester regulations applied and the applicant was afforded a fair hearing.
Administrative law – judicial review of academic decisions – certiorari and mandamus – applicability of term versus semester examination regulations – procedural fairness and right to be heard (written submissions sufficient) – no jurisdictional error on face of record.
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13 July 2011 |