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Citation
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Judgment date
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| October 2018 |
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Application for bail struck out as Drug Act, not EOCCA alone, governs bail and alleged drug quantity rendered offence unbailable.
* Criminal procedure – Bail – Competency of application – Whether EOCCA s.36(1) alone can move the Court where Drug Control and Enforcement Act governs bail; applicability of s.29(4) importing CPA provisions.
* Drug offences – Trafficking – Statutory weight thresholds for unbailability – alleged 152.71 kg exceeds then-applicable 100 kg threshold making offence unbailable.
* Bail hearings – Not a forum to probe merits of charges; scrutiny of evidence left to committal/trial courts.
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26 October 2018 |
| September 2018 |
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Appeal allowed: defective, duplicative charge and weak identification evidence rendered the appellant's conviction unsafe.
Criminal law – Defective/duplicative charge – Lumping statutory rape (s.130) and gang rape (s.131A) in one count; Particulars of offence – requirement to state victim's age where statutory rape alleged; Identification evidence – insufficiency where assailants masked and identification unexplained; Fair trial – procedural anomalies and prejudice; Conviction unsafe where co-accused acquitted for alleged joint offence.
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26 September 2018 |
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Conviction for sodomy quashed where medical and testimonial evidence was inconclusive and doubts resolved for appellant.
Criminal law – Unnatural offence (sodomy); sufficiency of evidence; medical evidence and PF3 reliability; delay in examination undermining forensic conclusions; presence of alleged semen not scientifically confirmed; benefit of doubt in criminal cases.
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26 September 2018 |
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Conviction quashed where the victim’s unsatisfactory testimony, medical findings, and inconsistencies raised reasonable doubt.
Criminal law – Rape – Evidence of child victim – unsworn testimony under section 127(7) Evidence Act admissible only if credible and detailed; credibility, medical report inconsistencies, missing material witnesses, and prejudicial charge particulars (‘diverse dates’) may vitiate conviction.
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19 September 2018 |
| July 2018 |
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Written statement of defence filed one day late was expunged; suit ordered to proceed ex parte due to mandatory 21‑day rule.
* Civil procedure – computation of time under Order VIII rule 1(2) CPC – whether the day of service is included in the 21‑day period. * Civil procedure – preliminary objections – effect of filing written statement of defence out of time and without leave. * Court practice – deviation from prescribed pleading heading (Rule 8(2) High Court Registries Rules) raised but not determined when delay is fatal.
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31 July 2018 |
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31 July 2018 |
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Failure to annex the mandatory statement under the judicial review rules rendered the application incompetent and led to its striking out.
* Administrative law — Judicial review procedure — Mandatory requirement to accompany chamber summons with a statement under Rule 5(2)(a) and Form A (GN 234 of 2014).
* Procedure — Distinction between statement (grounds and reliefs) and affidavit (verification of facts).
* Procedural competence — Failure to comply with prescribed form is fatal and renders application incompetent.
* Rule 8(1)(a) — Statement required to support substantive judicial review application once leave granted.
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31 July 2018 |
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Convictions for housebreaking and theft quashed for failure to prove breaking, possession, identification and lack of seizure certificate.
Criminal law — proof beyond reasonable doubt; Housebreaking — need to prove breaking; Theft — possession and identification of stolen property; Seizure certificate — mandatory under s.38 Criminal Procedure Act; Accomplice evidence — requires corroboration.
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30 July 2018 |
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Conviction quashed where elements of armed robbery/kidnapping unproven and procedural evidential defects vitiated the trial.
Criminal law – Armed robbery: elements required (stealing; being armed or in company; use/threat of violence; identified victim) – Kidnapping a child with intent to steal – necessity to prove intent – Visual identification – reliability of identification parades – Chain of custody and proper tendering of exhibits – Cautioned statements: contents to be read after admission.
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30 July 2018 |
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Family agreement and payment, supported by witnesses and estoppel, upheld respondent's ownership; appeal dismissed.
Land law – ownership dispute – family agreement and payment as basis for transfer; Evidence – credibility findings of trial court entitled to deference; Estoppel – section 123 Evidence Act prevents denying party’s prior representations; Probate – probate proceedings referenced in civil suit may be considered if raised in evidence; Civil liability – acquittal in criminal case does not automatically impose civil liability, claimant must prove civil case.
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30 July 2018 |
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Claim that the bank agreed to sell borrowers' debts failed; no agreement, injunction lapsed, and sales were lawful.
* Contract formation – conditional offer and requirement of clear, unqualified acceptance under section 7 Law of Contract Act; * Promissory estoppel – silence/conduct does not substitute for acceptance absent duty to speak; * Civil procedure – interlocutory injunctions limited by Order XXXVII Rule 3 (six months) unless renewed; * Receivership and mortgages – receiver/mortgagee duties and lawfulness of private sale where parties agreed; * Remedies – claim for damages for alleged undervalue sale dismissed.
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27 July 2018 |
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Conviction quashed for denial of fair trial; retrial denied due to weak prosecution evidence.
Criminal law – Rape (child victim) – Charge properly framed under ss.130(1),130(2)(e) and 131(1) – Procedural compliance with appellate orders – Right to be heard – Improper drawing of adverse inference – Principles governing retrial; delay in reporting and inconclusive medical evidence undermining prosecution case.
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27 July 2018 |
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Appellant failed to strictly prove specific damages; appeal dismissed and costs order upheld as justifiable.
* Motor vehicle third‑party insurance – liability and joinder of insurer – duty under Order 1 Rule 14 to apply for leave to present a third party notice. * Proof of specific damages – requirement of strict and particular proof for special damages (repair costs, loss of income). * Assessment of general damages – discretionary evaluation by trial court. * Costs – discretion under section 30 Civil Procedure Code; where costs do not follow the event reasons should be given, omission may be cured on appeal where outcome justifies it.
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27 July 2018 |
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Child’s unsworn testimony corroborated by mother and medical evidence upheld rape conviction; slight penetration sufficient, appeal dismissed.
Criminal law – Rape – Child complainant’s unsworn evidence and voire dire – Admissibility and sufficiency; Medical evidence – bruises and fluid supporting slight penetration; Penetration however slight suffices (s.130(4)(a) Penal Code); Proof of age – inference under Evidence Act; Failure to tender clothing not fatal; Defence considered but insufficient; Sentence – statutory minimum life imprisonment noted.
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27 July 2018 |
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Long-term dual occupation permits lawful subdivision under town planning powers; appeal against redistribution dismissed.
Land law — Neighbourly disputes over long-term occupation — Validity of subdivision and redistribution under town and country planning statute — Limitation inapplicable where both parties occupied land long-term — Insufficient evidence of trespass.
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27 July 2018 |
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Child-witness evidence improperly admitted under s.127(2) was expunged, leaving identity of rapist unproven; conviction quashed.
Criminal law – Rape – proof of penetration and identity; Evidence Act s.127(2) after 2016 amendment – child witnesses must promise to tell the truth during preliminary examination; voir dire procedure and expunction of improperly admitted child evidence; PF3 and medical evidence admissibility; alibi consideration.
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26 July 2018 |
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Revision of an execution order dismissed as overtaken by events after the decree was satisfied by payment.
Execution proceedings – revision of execution order – application overtaken by events where decretal amount paid – preliminary objection upheld – application struck out with costs.
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20 July 2018 |
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Extension of time granted where dismissal occurred without notice, condemning the applicant unheard and breaching natural justice.
Civil procedure – Extension of time – Failure to serve notice/summons and lack of knowledge of judicial assignment – Condemnation unheard breaches natural justice – Discretion to restore proceedings and grant extension.
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20 July 2018 |
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Extension of time granted where party was not notified of judgment date and alleged illegality justified an appeal opportunity.
* Appellate procedure – Extension of time under section 11(1) Appellate Jurisdiction Act – discretion and principles for exercise. * Civil Procedure – Order XX Rule 1 – requirement to notify parties of date for delivery of judgment. * Appealability – allegation of illegality as sufficient reason to grant extension of time. * Constitutional law – right of appeal protected; extension should not be refused absent clear justification.
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20 July 2018 |
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A preliminary objection that cannot dispose the case summarily will be overruled and the matter will proceed to hearing.
* Civil procedure — Preliminary objection — Purpose is to raise a point of law capable of disposing the matter summarily — Mukisa Biscuits test applies.
* Affidavits — Objections to extraneous matters (arguments, conclusions, prayers) in counter-affidavits must be raised appropriately but cannot form a preliminary objection unless they dispose the case.
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20 July 2018 |
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Conviction for statutory rape quashed because prosecution failed to prove the victim's age; charge sheet not proof.
* Criminal law – Statutory rape – Age of victim is an essential element that must be proved; age in charge sheet is not proof. * Evidence – PF3/medical report may show intercourse but does not substitute proof of age. * Appeal – Single dispositive ground (failure to prove age) can justify quashing conviction without addressing all other grounds.
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19 July 2018 |
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District Court lacked jurisdiction under Cap 200 without DPP consent and certificate; proceedings, conviction and sentence quashed.
Criminal law – jurisdiction – Economic and Organized Crimes Control Act (Cap 200) – District Court lacked jurisdiction to try offences under Cap 200 absent DPP's consent and statutory certificate – consequences: proceedings, conviction and sentence quashed; liberty preserved pending recharging.
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19 July 2018 |
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Court affirmed dismissal of appellant's nuisance claim due to insufficient proof of continuous contamination, despite respondent failing to prove non-occupancy.
Civil procedure – issues raised suo motu and right to be heard; Nuisance – proof of continuous interference and causation; Burden of proof – plaintiff must prove nuisance and damages; Necessary party – proof of non-occupancy by defendant.
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17 July 2018 |
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A District Court lacks jurisdiction to determine parentage under the Law of the Child Act; proceedings were quashed.
Law of the Child Act 2009 – jurisdiction for parentage matters – section 3(c) designates Juvenile Court for parentage – expressio unius exclusio alterius – District Court proceedings nullified for lack of jurisdiction.
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17 July 2018 |
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A claimant disputing an insurer’s settlement must first use the Insurance Ombudsman; subordinate court lacked jurisdiction.
Insurance law – Insurance Ombudsman established under s.122 Insurance Act – insurance consumer includes third‑party claimants (Reg.3) – disputes over insurer’s settlement amount fall within Ombudsman’s remit – pecuniary jurisdiction Reg.6(1)(a) Tshs.40,000,000 – subordinate court lacking jurisdiction where statutory dispute resolution not followed.
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16 July 2018 |
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An application relying solely on supplemental Civil Procedure provisions is incompetent where Probate Act remedies apply.
* Civil Procedure Code — section 68(e) supplemental interlocutory power — cannot alone sustain substantive applications
* Civil Procedure Code — section 95 inherent powers — cannot supplant specific statutory remedies
* Probate and Administration of Estates Act — sections 138/139 provide actions against administrators/executors
* Procedural law — importance of citing enabling provisions; wrong/non-citation renders application incompetent and liable to be struck out
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16 July 2018 |
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Appeal allowed: weak dock identification, improperly admitted cautioned statement, and contradictory evidence rendered conviction unsafe.
Criminal law — identification evidence — dock identification without prior description or identification parade; admissibility of cautioned statements — duty to afford accused opportunity to object and conduct trial-within-a-trial; contradictions in prosecution evidence — effect on safe conviction.
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11 July 2018 |
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Leave to appeal granted where applicant’s unopposed affidavit showed arguable grounds and respondents did not oppose.
Appellate procedure – leave to appeal under s.5(1)(c) AJA – sufficiency of grounds (overlooked evidence, reliance on irrelevant evidence, failure to consider damages) – effect of respondents’ non‑opposition.
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10 July 2018 |
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Inadequate voir dire under amended Evidence Act rendered the child-victim’s testimony unreliable, so convictions were quashed.
* Evidence — Child witnesses — section 127(2) Evidence Act (as amended) — court must procure a promise to tell the truth, not merely find knowledge of duty to tell truth. * Voir dire/preliminary examination — adequacy — failure to elicit promise renders child testimony less credible. * Evidence — conviction solely on child’s testimony requires reasons to be recorded under section 127(7). * Procedure — tendering of PF3s — properly tendered by medical witness where accused afforded opportunity to comment.
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9 July 2018 |
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Failure to comply with s192(3) and s9(3) CPA and omission to state convicted offence vitiated the conviction.
Criminal procedure — Preliminary hearing — non-compliance with s.192(3) CPA nullifies proceedings; Failure to furnish complainant’s statement (s.9(3) CPA) fatal; Witnesses’ right to have evidence read over (s.210(3) CPA) irregular but curable; Identification — arrest at scene does not negate need for watertight pre-arrest ID; Confession/admissions — absence of objection permits admission but admitted documents must be read aloud or be expunged; Judgment must specify offence and statutory provision (s.312(2) CPA) — omission fatal.
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9 July 2018 |
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Challenge to administratrix’s appointment dismissed; Primary Court revocation is the proper remedy under the Fifth Schedule.
* Probate and Administration – appointment and revocation of administrators – Fifth Schedule to the Magistrates' Courts Act – Primary Court’s powers to appoint/revoke administrators; appropriate remedy is application to Primary Court rather than appellate revocation. * Procedural objections to appointment (attendance, signatures, exhibits) do not automatically void appointment where Primary Court procedures were followed.
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6 July 2018 |
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A letter requesting judgment copies can constitute a valid notice of intention to appeal under section 361(1)(a).
Criminal procedure — Notice of intention to appeal — No prescribed form — A letter requesting judgment and proceedings can constitute valid notice under section 361(1)(a).
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5 July 2018 |
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Trial court’s failure to decide assets and prejudicial remarks warranted quashing of proceedings and ordering a retrial.
* Family law – Divorce – Division of matrimonial property – duty of trial court to decide all disputed assets and give reasons.
* Evidence – Documentary proof and contributions – distinguishing company/NGO property from matrimonial property.
* Judicial conduct – Unsolicited judicial remarks and risk of prejudice – retrial warranted where judge appears to have ‘jumped into the arena’.
* Civil procedure – Incomplete judgments – quashing proceedings and ordering retrial.
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5 July 2018 |
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Appeal allowed: conviction nullified because no formal conviction was entered, the charge was defective and proof of victim's age was lacking.
* Criminal procedure — mandatory requirement to enter conviction before sentencing — s.235(1) Criminal Procedure Act; failure renders judgment nullity.
* Criminal procedure — defective charge — necessity to specify the category of rape under s.130 Penal Code; omission prejudices right to fair defence.
* Substantive criminal law — statutory rape — proof of victim's age is an essential element; absence of proof defeats prosecution.
* Irregularities not curable under s.388(1) where charge is fatally defective or conviction omitted.
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5 July 2018 |
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The appellant's conviction quashed because the child's unsworn testimony lacked the statutory promise and corroboration on identification.
Evidence — Child witness: statutory requirement (post-2016) that a child giving unsworn evidence must promise to tell the truth; unsworn child evidence generally requires corroboration; s.127(7) exception for sexual offences applies only where court records reasons and is satisfied child is telling the truth. Identification — insufficiency of evidence to identify accused and defective proof of arrest/identification undermines conviction. Criminal procedure — conviction must be quashed where prosecution fails to prove guilt beyond reasonable doubt.
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3 July 2018 |
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Medical evidence and a competent child witness sufficiently proved statutory rape; cautioned confession corroborated the conviction.
Criminal law – Rape of a child; medical evidence (PF3) proving penetration; proof of victim's age without birth certificate; child witness competency after Evidence Act amendment; admissibility and corroborative value of cautioned statements; sufficiency of evidence despite omitted witnesses or absent forensic traces.
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3 July 2018 |
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Conviction quashed where s154(1) charge failed to specify paragraph and identification evidence was unreliable.
* Criminal law — Unnatural offence (s154(1) Penal Code) — Charge must specify applicable paragraph (a), (b) or (c).
* Criminal procedure — Particulars of offence — Mandatory correct reference to creating provision (s135 CPA).
* Evidence — Visual identification — Necessity for identification parade/clear explanation to avoid mistaken identity (Waziri Amani principle).
* Curative provision — Defect held fatal and not curable under s388(1) CPA.
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2 July 2018 |
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Conviction for gang rape unsafe where prosecution failed to prove charged particulars (age/time) and victim’s testimony was materially contradictory.
Criminal law – Gang rape: prosecution must prove penetration, lack of consent and each accused’s role; where charge alleges statutory age category proof of age is essential; particulars in charge (date/time/age) must be proved; material contradictions in victim’s testimony may vitiate prosecution case and give rise to reasonable doubt.
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2 July 2018 |
| June 2018 |
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Appeal dismissed: prosecution proved vehicle theft beyond reasonable doubt; seizure certificate and registration card properly admitted.
* Criminal law – Theft – Identification of stolen vehicles – admissibility and evidential value of Registration Card and Certificate of Seizure (P1, P3).
* Criminal procedure – Tendering of exhibits – effect of non-objection at trial.
* Evidence – necessity (or not) of comparing logbook particulars with engine/chassis numbers.
* Fair trial – language comprehension – waiver by participation and cross-examination.
* Appeal – acquittal on separate count does not necessarily indicate bias as to other convictions.
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29 June 2018 |
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A notice of appeal filed after the statutory ten‑day period was time‑barred and struck out under section 361(1)(a).
Criminal procedure — Appeal — Notice of intention to appeal — Time limit under section 361(1)(a), Cap. 22 [R.E. 2002] — Notice filed after ten days — Time‑barred — Notice of appeal struck out.
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29 June 2018 |
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Reported
Omission of an advocate’s signature on a plaint is a curable procedural defect; dismissal was improper and the matter was remitted for trial.
Civil Procedure – Order VI Rule 14 – Signature of pleadings – Advocate’s signature must appear immediately after closing of statements; signature in "drawn and filed by" section insufficient. Procedural defect – omission of signature curable by amendment or striking out, not dismissal. Advocate Act s.44 distinction from Civil Procedure requirements.
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29 June 2018 |
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Conviction based on weak visual identification, unread cautioned statement and denial to call a defence witness rendered the verdict unsafe.
* Criminal law – Armed robbery – Visual identification – Requirement to specify nature/intensity of light, distance and physical features before relying on identification evidence; caution in accepting identification in poor lighting. * Evidence – Cautioned statement admitted but not read in open court – cannot be relied upon. * Criminal procedure – Accused’s right to call witnesses – court’s power under s.231(4) to summon defence witnesses.
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29 June 2018 |
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Leave to appeal denied where no arguable appeal or issue of general importance, and jurisdictional complaint deemed an afterthought.
* Appellate procedure – Leave to appeal under S.5(1)(c) AJA and Rule 45(a) – Requirement of an arguable appeal or issue of general importance.
* Civil procedure – Afterthought jurisdictional challenges – Failure to raise jurisdiction at earlier stages disentitles applicant to leave.
* Evidence – Complaint of wrong analysis must be specified to constitute an arguable ground for leave.
* Costs – Unsuccessful leave applicant ordered to bear costs.
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29 June 2018 |
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Conviction quashed due to unlawful admission of cautioned statements and unsafe visual identification.
Criminal law – armed robbery; admissibility of cautioned statements – requirement for inquiry into voluntariness and right to object; visual identification – reliability conditions for night identification and necessity of proper ID parade; conviction quashed where evidence unlawfully admitted and identification unsafe.
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29 June 2018 |
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An application to stay execution of an ex parte decree was dismissed as time-barred under the Limitation Act, with costs to the respondent.
* Civil procedure – preliminary objections – distinction between pure points of law and matters requiring evidence (Mukisa principle).
* Limitation Act (Cap 89) – accrual of right; sections 5 and 6(m); item 21 Part III – 60 days for applications where period not specifically prescribed.
* Stay of execution – time for application runs from date of decree or date of awareness; failure to obtain extension renders application incompetent.
* Locus standi – non-parties must act promptly or obtain extension before seeking relief to suspend execution.
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29 June 2018 |
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A third party cannot directly enforce an insurer’s policy absent a prior judgment against the insured; trial irregularities nullified the judgment.
Motor Vehicles Insurance Act s.10(1) – Third‑party enforcement – Privity of contract – A stranger to an insurance policy cannot directly sue the insurer absent a judgment against the insured; procedural irregularities vitiating trial judgment.
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29 June 2018 |
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Appeal against rape conviction dismissed; PF3 expunged for non‑compliance but victim’s credible evidence upheld, procedural irregularity non‑prejudicial.
Criminal law — Rape — Credibility of victim’s testimony; Evidentiary procedure — PF3 admissibility and section 240(3) CPA compliance; Criminal procedure — Sections 231 and 210(3) CPA; Voir dire competency tests for child witness; Requirement for in camera trials in sexual offence matters and curability of procedural irregularity.
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29 June 2018 |
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Defective charge and inadmissible caution statement did not overturn conviction because victim testimony and medical evidence sufficiently corroborated the rape charge.
Criminal law – Rape — charge sheet irregularity (citation of non‑existent subsection) not automatically fatal; Criminal Procedure Act s388 — errors cureable absent failure of justice; Caution statements — compliance with s50/51 CPA mandatory; non‑compliance warrants expungement; Evidence Act — child victim’s evidence carries weight; medical report (PF3) can corroborate sexual offences; closed family testimony assessed on merit and may be accepted if corroborated.
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28 June 2018 |
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A defective charge (omitting s.258(1)) and failure to call a material witness rendered the theft conviction unsustainable.
Criminal law – Stealing by servant – Charge sheet must cite the section creating the offence (s.258(1)) together with s.271 – omission renders charge fatally defective; Evidence – failure to call material witness may attract adverse inference; Admissions – admission of loss is not admission of theft; Confession – document not a confession where it does not admit commission of theft.
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28 June 2018 |
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A signed discharge voucher alone does not conclusively prove payment; non est factum cannot first be raised on appeal.
* Civil procedure – ex parte judgment – duty to notify absent party of judgment delivery; failure may vitiate decision.
* Evidence – discharge of liability voucher – whether a signed voucher alone proves payment; need for proof of encashed cheque/bank evidence to satisfy balance of probabilities.
* Contract/evidence – non est factum – available where document misrepresented or due to incapacity, but must be pleaded at trial, not first raised on appeal.
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28 June 2018 |