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Citation
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Judgment date
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| December 2015 |
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The appellant’s civil marriage was void; court ordered sale and division of joint assets and custody to the mother.
Law of Marriage Act — s.38(1)(c) nullity where existing marriage subsists; s.114(1) division/sale of assets acquired by joint efforts; s.128 custody of infant to mother where marriage is nullity; s.129 paternal duty of maintenance; distinction between void marriage and concubinage; sale and division of matrimonial assets (including motor vehicle).
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30 December 2015 |
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A litigant must sue the proper party; an unincorporated branch can be held liable for agents' eviction and seizure of property.
Civil procedure – Proper parties to a suit – Suit against individuals for acts done in course of employment/agency – Liability of unincorporated political party branch; Preliminary objections – Point of law versus factual disputes.
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29 December 2015 |
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Employer’s dismissal while employee was hospitalised was unfair; CMA award largely upheld but 50‑month backpay quashed.
Labour law – unfair termination (substantive and procedural) – employer-issued sick sheet and hospital records – requirement to investigate before dismissal – admissibility and evaluation of evidence at CMA – arbitrator may award statutory employment remedies not strictly pleaded in CMA Form No.1 – quashing of excessive backpay where delay is attributable to tribunal.
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18 December 2015 |
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Court quashed an unintelligible magistrate’s commercial judgment for lack of pecuniary jurisdiction and upheld beneficiaries’ trust claims against the employer.
Commercial law – banker–customer remittance – pecuniary jurisdiction of Magistrate’s Court; invalidity of proceedings for want of jurisdiction; judgment intelligibility and reasons. Trusts/Employment – group endowment/assurance scheme – existence and enforcement of Trust Deed; trustees as custodians; effect of failure to register trust deed; enforceability against employer but not insurer where insurer paid employer. Relief – percentage-based benefit awards and interest.
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18 December 2015 |
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A stay under section 8 CPC requires same parties and substantially identical issues; absent these, stay refused.
* Civil procedure — res sub judice (section 8 CPC) — mandatory rule; plea not defeated by Limitation Act.
* Requirements for stay under section 8 CPC — earlier and later suits, same parties/title, directly and substantially same matter, competent jurisdiction.
* Locus standi — competency of an administrative receiver to depose affidavits may raise contested factual issues and is not invariably a preliminary legal point.
* Res judicata — an earlier decision operates as res judicata only where matters in issue are directly and substantially identical.
* Non-joinder — curable by amendment (Order I r.9 CPC).
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18 December 2015 |
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Res sub judice is mandatory and not time-barred, but stay denied where parties or subject matter are not substantially identical.
* Civil procedure – res sub judice (section 8 CPC) – mandatory rule – plea for invocation not time-barred under Limitation Act.
* Civil procedure – conditions for stay under section 8 CPC – same parties or litigating under same title; matter directly and substantially the same.
* Evidence and procedure – locus standi and allegations of contempt based on disputed factual status are not pure preliminary points of law.
* Civil procedure – non-joinder – curable by amendment (Order 1 r.9 CPC).
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18 December 2015 |
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Adoption granted where petitioners satisfied statutory suitability tests and the child's best interests; registrar to record adoption.
* Adoption law – Law of the Child Act and Adoption Rules – consent of social welfare authority and guardian ad litem report; best interests of the child; statutory tests under ss.54–59. * Registration – entry in Adopted Children Register and marking birth register “ADOPTED” (ss.69, 70(4)). * Change of name and costs.
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16 December 2015 |
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Bank may recover funds paid on uncleared, dishonoured cheques; director not personally liable without evidential link.
Banking law — recovery of money paid under mistake — crediting of uncleared cheques — dishonoured cheques reported missing — reversal of entries — change of position/estoppel — personal liability of director absent contractual link.
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16 December 2015 |
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High Court has jurisdiction over libel claims under the Newspapers Act; preliminary objection overruled.
Newspapers Act (s.56) – libel actions – High Court concurrent jurisdiction with subordinate courts; Libel presumes general damages – special damages not required to establish jurisdiction; Jurisdictional objections may be raised at any stage; Parties bound by pleadings – rejoinder cannot supply new jurisdictional facts.
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14 December 2015 |
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Expiry of a fixed‑term contract is not unfair termination absent a reasonable expectation of renewal.
Employment law – fixed‑term contract – expiry vs unfair termination – reasonable expectation of renewal – clause requiring advance written notice – appraisal of CMA evidence and award certainty.
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14 December 2015 |
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Appellate court restored the Primary Court’s finding that the appellant was entitled to land exceeding one quarter acre.
Land dispute; assessment of parcel size and ownership; appellate review of factual findings; weight of locus in quo and village allocation evidence; failure to file reply submissions treated as acceptance of opposing written submissions.
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14 December 2015 |
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Conviction quashed where cautioned statement lacked voluntariness inquiry and identification and exhibit linkage were unreliable.
Criminal law – visual identification at night – weaknesses of identification without adequate description; cautioned statement – necessity of trial-within-a-trial to determine voluntariness; admissibility and probative linkage of recovered exhibits to charged offence; proof beyond reasonable doubt; procedural defects in identification parade.
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11 December 2015 |
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Complaint alleging suspension and constructive termination was premature and dismissed for being filed without first referring the dispute to the CMA.
* Labour law – jurisdiction – forum non-conveniens – requirement to commence employment disputes at the CMA; * Employment and Labour Relations Act s.94 – limited exceptions for direct access to Labour Court; * Labour Institutions (Mediation and Arbitration) Rules GN No.64/2007 – referral time limits and mediation prerequisite; * Complaint alleging suspension/constructive termination dismissed as premature.
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4 December 2015 |
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Excess ward members not fatal; appellate court will not disturb trial credibility findings absent misdirection.
* Land law – boundary/trespass – proof of long peaceful occupation and locus in quo visit; * Tribunal composition – ward tribunal may sit with more than statutory minimum provided minimum of three members (one woman) is met; * Appellate review – limited interference with trial credibility findings absent misdirection.
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1 December 2015 |
| November 2015 |
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Dismissal set aside where court’s failure to notify reassignment caused applicant’s non-appearance.
Civil Procedure – Order IX Rule 9(1) – Setting aside dismissal for non-appearance – Default authored by the court – Failure to notify parties of reassignment or to serve hearing summons – Good cause to restore suit.
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27 November 2015 |
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Applicant failed to show sufficient cause for delay; instalment payment claim unsupported, appeal dismissed with costs.
Civil procedure — Extension of time to appeal — Applicant must show sufficient cause and account for delay; alleged instalment payment not prima facie good cause where unsupported by record — Execution order may be the proper subject of appeal.
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27 November 2015 |
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Applicant failed to prove irreparable harm or that damages were inadequate; injunction refused and application dismissed with costs.
Civil procedure – Temporary injunction – Tests for grant: serious triable issue; irreparable injury not adequately compensable by damages; balance of convenience – Adequacy of damages – Applicant failed to demonstrate inadequacy or irreparability – Application dismissed with costs.
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13 November 2015 |
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An unexplained three-year delay defeats an application for extension of time despite defective court-issued documents.
* Appellate procedure – extension of time – s.11(1) Appellate Jurisdiction Act – requirements for sufficient cause to extend time.
* Court error – defective documents (wrongly dated decree) may justify extension if delay not attributable to applicant or counsel.
* Delay and explanation – prolonged unexplained inaction (over three years) defeats application for extension of time.
* Costs – unsuccessful extension application results in costs to respondent.
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13 November 2015 |
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Reported
Court dismissed the applicant's contempt bid, finding wrong procedure and lawful shareholder changes negated the alleged disobedience.
Contempt of court — procedure for enforcement of final civil orders — Order XXI (execution) v. Penal Code s.124 — contempt powers extraordinary and sparingly exercised — filing of chamber summons/affidavit does not ipso facto establish prima facie criminal contempt — effect of subsequent lawful shareholder resolutions and interim management on reinstatement orders.
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11 November 2015 |
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A trial court’s suo motu striking out of the applicant's suit without hearing parties violated natural justice; case remitted for rehearing.
* Civil procedure – natural justice – trial court raising point of law suo motu and deciding it without hearing parties – requirement to invite party submissions before making a definitive finding.* Civil procedure – striking out for want of cause of action – cannot be decided at judgment stage without giving parties chance to be heard.* Procedure – remittal to another magistrate for fresh determination after curing procedural irregularity.
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9 November 2015 |
| October 2015 |
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Whether the trial magistrate properly evaluated evidence and whether the defendant unlawfully detained the respondent’s truck.
Civil appeal — evaluation of evidence and appellate interference; seizure/detention of vehicle; burden of proof under Evidence Act s.110; insufficiency of defendant's rebuttal evidence; costs on failed appeal.
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16 October 2015 |
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Charge defects were curable; convictions on abuse of office sustained, overlapping loss count quashed, sentences reduced to two years.
Criminal law – Abuse of office (s.96 Penal Code) – Particulars of charge – use of "interests" vs "rights" – curability under s.388 Criminal Procedure Act – sufficiency of particulars; Evidence – non‑production of witnesses – when adverse inference not warranted; Double jeopardy – overlapping offences (abuse of office and occasioning loss) – quashing of duplicative conviction; Sentencing – wrong statutory provision applied – substitution of sentence; Conviction appeal – acquittal of third accused upheld for lack of evidence.
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2 October 2015 |
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2 October 2015 |
| September 2015 |
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Lack of notice of reassignment of the presiding judge justified readmission of an appeal dismissed for want of prosecution.
* Civil procedure – extension of time and readmission of dismissed appeal – whether lack of notice of reassignment of presiding judge amounts to good cause for readmission; * Civil procedure – omnibus applications – when combining prayers in one chamber summons is permissible; * Dismissal for want of prosecution – effect of failure to notify parties of reassignment or hearing changes.
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30 September 2015 |
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Affidavit failed Order XIX Rule 3(1) disclosure and contained legal argument; application struck out and counsel ordered to pay costs.
* Civil procedure – Affidavit requirements – Order XIX Rule 3(1) CPC – must not contain legal argument and must disclose source of information. * Extension of time – affidavit deficiencies – expungement of defective paragraphs where appropriate. * Incompetence – defective affidavit may render an application incompetent and liable to be struck out. * Costs – counsel may be ordered to pay costs personally where counsel’s conduct risks unjustly penalising the client.
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30 September 2015 |
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District Court’s failure to hear parties vitiated proceedings, but subsequent appeals were time-barred; appellate judgment nullified.
* Probate and administration – appointment of administrators – challenge to administratrix’s status; right to be heard and natural justice in appellate proceedings; adherence to statutory appeal time-limits under Magistrate's Court Act (s.20(3), s.25(1)(b)); nullification and setting aside of vitiated appellate judgment.
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30 September 2015 |
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Appeals were time‑barred and therefore nullified; the appeal was struck out for incompetence.
Civil procedure — appeals — time limits and competence: Appeal from Primary Court to District Court time‑barred under Magistrates' Courts Act s.20(3); appeal to High Court time‑barred under Law of Marriage Act s.80(2); effect of nullity — nothing can validly emanate from an incompetent appeal.
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30 September 2015 |
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Application struck out for defective affidavits and jurats and failure to comply with r.24(3); applicant granted 28 days to refile.
Labour Court procedure; competence of revision application; chamber application vs chamber summons; compliance with Labour Court Rules r.24(3) (affidavit must state reliefs); jurat requirements and identification of deponent; defective affidavits leading to striking out with leave to refile.
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22 September 2015 |
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Non-compliance with section 214(1) CPA by a successor magistrate vitiates proceedings and warrants quashing and retrial.
Criminal procedure — succession of magistrates — non-compliance with section 214(1) CPA — failure to inform accused of right to have witnesses re-summoned — fatal irregularity — fair trial prejudice — quashing of proceedings and order for retrial.
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7 September 2015 |
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Contract entered by an unincorporated bidder was rendered void by misrepresentation; plaintiff's claim dismissed, defendant awarded damages.
Contract law – formation by offer and acceptance; corporate capacity – effect of entering contract prior to company incorporation; misrepresentation and voidability (or void ab initio) of contracts; entitlement to general damages where consent obtained by misrepresentation.
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4 September 2015 |
| August 2015 |
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Defendant failed to give mandatory written notice and stock-taking; plaintiff failed to meet minimum purchases—only stock value awarded.
* Contract Law – Marketing Licence Agreement – Requirement to serve prior written notice before termination (clauses 16.1, 16.4).
* Contract Law – Breach – dealer’s obligation to meet minimum monthly purchase volumes; failure amounts to breach.
* Evidence – special and expectation damages must be specifically pleaded and strictly proved; failure to produce supporting records defeats such claims.
* Remedies – recovery of value of stock left on premises; dismissal of unproven claims and counterclaims.
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28 August 2015 |
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Temporary injunction dismissed for procedural misfiling and failure to satisfy Attilio v Mbowe criteria.
Land law – temporary injunction – procedural competence of application (Miscellaneous Land vs Miscellaneous Civil Application); interim relief – Attilio v Mbowe three conditions (serious question/probability of success; irreparable injury; balance of convenience); weight of prior sale and substantial developments as factor against interim relief; compliance with statutory requirements for grant of right of occupancy.
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21 August 2015 |
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Both parties held contributorily negligent; specific damages not proved; subsistence and general damages awarded with interest.
Contributory negligence – equal apportionment; Workmen's Compensation — effect of prior payment and requirement of proof; special damages — strict pleading and proof; award of general damages and subsistence allowance.
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21 August 2015 |
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Applicant granted extension to file appeal after court found she was within 90‑day limitation and showed sufficient cause.
* Limitation of actions – Appeal under Civil Procedure Code – 90 days under Part II item 1, Law of Limitation Act.
* Law of Limitation Act s.19(2) – time awaiting certified copy excluded from limitation period.
* Extension of time – discretionary remedy – requires good and sufficient cause; promptness and misconception may constitute sufficient cause.
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17 August 2015 |
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Plaintiff precluded from re‑litigating same land dispute; suit struck out and dismissed as time‑barred and abusive.
* Civil procedure – preclusion under Order XXIII Rule 1(3) CPC – prior withdrawal bars relitigation; * Limitation – Part I item 22 Law of Limitation Act – suit time‑barred; * Abuse of process – repeated suits on same subject matter; * Land law – single parcel interest, no subdivision under s.83 Land Registration Act; * Court powers – section 95 CPC to restrain vexatious litigant.
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17 August 2015 |
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An appeal is instituted on filing the memorandum; time awaiting a certified copy may be excluded, so the appeal was not time‑barred.
Civil procedure — limitation of actions — computation of appeal period where certified copy awaited — exclusion of time awaiting certified copy under section 19(2) of the Law of Limitation Act — appeal instituted on filing memorandum under section 3(2)(b).
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14 August 2015 |
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Filing of memorandum after awaiting certified copy was within statutory time; preliminary objection dismissed.
Limitation of actions; appeals under Civil Procedure Code; Law of Limitation Act — 90 days; section 19(2) exclusion for time awaiting certified copy; section 3(2)(b) institution of appeal by filing memorandum; preliminary objection on limitation dismissed.
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14 August 2015 |
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Applicant failed to show sufficient cause for extension of time to file a Notice of Appeal; application dismissed with costs.
* Civil procedure Extension of time to file appeal (s.11(1) AJA); sufficiency of cause; counsel's omission and duty under Advocates Act s.66; limits on relying on merits to obtain extension; Court of Appeal Rules (time limits).
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13 August 2015 |
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An incompetent bill of costs must be struck out, not dismissed; Taxing Master erred and costs awarded.
* Civil procedure – taxation – incompetent bill of costs – absence of vouchers/receipts under Rules 4 and 55 of Advocates Remuneration and Taxation of Costs Rules (G.N. 515/1991) renders a bill incompetent.
* Procedure – incompetent matters – proper remedy is striking out (striking off), not dismissal (See Willow Investment v Mbombo Ntumba [1997] TLR 93).
* Taxing Master – limited to striking out incompetent bills where matter is not properly before the court; dismissal is inappropriate if merits were not determined.
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12 August 2015 |
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High Court lacks pecuniary jurisdiction over defamation claim where plaintiff pleads slander without special damages, so suit struck out.
Civil procedure — pecuniary jurisdiction depends on substantive claim; Defamation — libel v. slander distinction; slander requires pleading special damages; failure to file written submissions treated as non-appearance; incompetent suit struck out.
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7 August 2015 |
| July 2015 |
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Appeal allowed: prosecution failed to prove stealing by agent; conviction quashed for insufficient evidence and defective charge particulars.
* Criminal law – Stealing by agent – necessity to prove entrustment and link between alleged proceeds and disposals; * Standard of proof – prosecution must establish guilt beyond reasonable doubt; * Burden of proof – accused should not be convicted for failing to explain bank deposits where prosecution has not established case; * Evidential law – cautioned statements admitted without opposition still require judicial scrutiny and may be valueless if procured unlawfully or untrue; * Criminal procedure – charge-sheet particulars must identify the who/when/where/how (four W principle); use section 234 CPA to cure particulars where possible; contradictions must be resolved in accordance with authority.
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25 July 2015 |
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Court struck first application for failure to cite enabling provisions; held agency‑shop deductions lawful under section 72 and dismissed injunction.
Labour procedure — competency of chamber applications — necessity to cite correct rules and statutory provisions; Affidavits — permissible content and verification requirements; Collective bargaining — recognition agreements and organizational rights; Agency‑shop agreements — definition of non‑member, lawfulness of deductions without consent (s.72 ELRA), and permitted use of deducted funds.
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24 July 2015 |
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Delay from awaiting certified judgment plus an arguable legal issue amounted to sufficient cause to extend time to appeal.
* Civil procedure — Extension of time to appeal — "Sufficient cause" depends on all the circumstances of each case. * Primary court appeals — Rule 3, G.N.312/1964 — no strict requirement to attach judgment copies, but delay in supplying certified copies may justify extension. * Court discretion — applicant's honest belief and existence of arguable point of law can constitute sufficient cause.
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24 July 2015 |
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The court granted the petitioners' adoption application, finding them fit and adoption in the child's best interests.
* Adoption – Law of the Child Act, ss.54–55 – consent of Commissioner for Social Welfare – guardian ad litem and social investigation – suitability of adoptive parents – best interests of the child – change of name.
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22 July 2015 |
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The appellant's guilty-plea conviction was quashed for lack of an unequivocal plea due to material contradictions; retrial ordered.
* Criminal procedure — Plea of guilty — Court must ensure plea is unequivocal and that accused understands elements of charge before recording conviction. * Immigration and nationality — Offences of unlawful presence and false statements to obtain passport — Seriousness may justify consecutive sentences but conviction must rest on a valid plea. * Evidence and procedure — Material contradictions in prosecution facts and absence of expert opinion on alleged forged documents can vitiate plea-based convictions. * Remedy — Quashing of conviction and sentences and ordering of retrial de novo where plea improperly taken.
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13 July 2015 |
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Court upheld maintenance order and affirmed that pre‑marriage land substantially improved during marriage is divisible.
* Family law – Maintenance – Assessment of maintenance and proof of means – Trial court may infer means from conduct and activities shown in evidence.
* Family law – Matrimonial property – Division of assets – Pre‑marriage property that is substantially improved during the marriage is divisible under section 114(3) of the Law of Marriage Act.
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10 July 2015 |
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Alleged date discrepancies in judgment did not amount to material irregularity; revision dismissed with costs.
* Civil Procedure – Revision – Alleged irregularity in judgment delivery – Whether inconsistent dates in record constitute material irregularity. * Pleadings – Preliminary objections – Requirement for notice and that unpleaded points should not ambush opposing party. * Order XX r.3 Civil Procedure Code – Requirements for judgment to be dated, signed and pronounced in open court.
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10 July 2015 |
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Reported
The court overruled all preliminary objections, finding plaintiffs' tort claims timely and Tanzania a proper forum.
Civil procedure — preliminary objections: corporate authority and board resolution as question of fact; Limitation — torts, three-year period, continuing tort and accrual; Locus standi — managerial/court-appointed control confers standing; Res sub-judice/abuse — foreign proceedings do not preclude local suit (CPC explanation); Forum non conveniens — tortious claims arising in Tanzania justify local forum.
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6 July 2015 |
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3 July 2015 |
| June 2015 |
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Enforceable loan limited interest to six months; inadequate payment records left Shs 149,220,000 outstanding, plus damages, interest, and costs.
* Contract — Loan agreement — Validity and terms — Interest expressly limited to six months (Shs 10,000,000/month). * Evidence — Bank pay-in slips and petty cash vouchers — Requirement to specify purpose of payment; insufficiency reduces evidential weight. * Remedies — Calculation of outstanding principal, general damages, and post-judgment interest. * Negotiable instruments — Dishonoured cheque proved. * Criminal/Police procedures — No proof of duress in caution statement.
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26 June 2015 |