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Citation
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Judgment date
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| December 2019 |
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Leave to appeal granted where proposed grounds show reasonable prospects and disturbing features needing Court of Appeal guidance.
* Appellate procedure – Leave to appeal under s.5(1)(c) Appellate Jurisdiction Act – test: reasonable prospects of success or disturbing features requiring Court of Appeal guidance.
* Civil procedure – award of interest – whether appellate court may grant interest not raised in memorandum of appeal and without hearing.
* Contract law – interpretation and effect of loan agreement clause on borrower’s duty to notify lender of events affecting repayment (e.g., theft).
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31 December 2019 |
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Appeal dismissed: child witness competency and medical evidence sufficed; DNA unnecessary, relatives’ testimony acceptable.
Criminal law – Child witness competency – voire dire doctrine replaced by competency inquiry; PF3 admissibility – DNA not always necessary; relatives as witnesses – credibility test; accused’s right to be addressed on case to answer; conviction for unnatural offence upheld.
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31 December 2019 |
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Respondent’s possession of allegedly forged documents required a trial, not a no-case-to-answer acquittal.
Criminal law – Forgery and uttering false document – Prima facie case – Possession of allegedly forged public documents as basis to call accused to open defence – Role of documentary discrepancies and witness evidence – Absence of handwriting expert not necessarily fatal.
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31 December 2019 |
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A temporary injunction requires a pending suit and compliance with statutory pre-suit notices; application dismissed.
* Civil Procedure – Temporary injunction – Requirement of a pending main suit before granting interlocutory injunction – Order XXXVII, Rules 1 & 2 CPC.
* Government Proceedings – Pre-suit notice – 90-day notice to Attorney General under section 6(2) Government Proceedings Act.
* Local Government – Pre-suit notice – 30-day notice to Municipal Council under section 190(1) Local Government (District Authorities) Act.
* Competence – Chamber summons for injunction where statutory notices and pending suit absent – application incompetent.
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31 December 2019 |
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Delay awaiting court‑supplied certified copies constituted sufficient cause for an extension to seek leave to appeal.
* Civil procedure – Extension of time – Application under s.11(1) Appellate Jurisdiction Act – applicant must show sufficient cause.
* Extension criteria – Lyamuya guidelines: account for delay; not inordinate; diligence; point of law/illegality.
* Delay caused by awaiting court‑supplied certified copies of proceedings, ruling and drawn order can constitute sufficient cause.
* Alleged illegality in the impugned decision is not ordinarily determined at the extension stage.
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31 December 2019 |
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Appellate court quashed rape conviction due to circumstantial gaps and reasonable doubt despite competent child identification.
* Criminal law – Rape – Evidence of a child witness – Voir dire and competence under section 127(2) Evidence Act.
* Criminal law – Circumstantial evidence – requirement for corroboration and temporal clarity.
* Medical evidence – presence/absence of sperm/discharge and its probative value.
* Burden of proof – prosecution must prove guilt beyond reasonable doubt; gaps create reasonable doubt.
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31 December 2019 |
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Desire or ability to engage counsel does not justify transferring a Primary Court matrimonial proceeding.
* Civil procedure – Transfer of proceedings under Magistrates' Courts Act s47 – wish to engage counsel or financial ability is not good/ sufficient cause to transfer. * Jurisdiction – Law of Marriage Act s76 and Civil Procedure Code s13 – matters must be instituted in the lowest competent court. * Transfer is for preventing miscarriage of justice, not for accommodating a party's desire for legal representation.
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31 December 2019 |
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Appellant acquitted where cautioned statement expunged and lone nighttime visual identification found unreliable.
* Criminal law – Arson: sufficiency of identification and admissibility of confession.
* Evidence – Cautioned statement: inadvisable for arresting/investigating officer to record confession; such statements may be expunged.
* Evidence – Visual identification at night: witness must give detailed aids to identification (source of light, proximity, duration, description).
* Standard of proof – prosecution must exclude reasonable doubt; where confession is expunged and ID unreliable, conviction cannot stand.
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31 December 2019 |
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Applicant’s medical treatment constituted sufficient cause; court granted extension to file appeal under s.14(1) Law of Limitation Act.
Extension of time – s.14(1) Law of Limitation Act – application may be made before or after prescribed period; Lyamuya criteria apply; Law of Marriage Act silent on extensions – general limitation law governs; ill-health/medical treatment can constitute sufficient cause for delay.
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31 December 2019 |
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Applicant's review dismissed where alleged board resolution in WSD was unpleaded, unmarked and unauthenticated.
* Civil procedure — Review under section 78(1) and Order XLII — apparent error on face of record.
* Company/representation — requirement of board resolution or authority for a company to sue or counterclaim.
* Pleadings — necessity to plead and properly mark annexures; authentication of documentary exhibits.
* Review standard — court will not revisit findings where documents are unpleaded, unmarked or unauthenticated.
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31 December 2019 |
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Applicant granted 30-day extension to file appeal after diligent attempts to obtain judgment copies caused the delay.
* Civil procedure — Extension of time to appeal — Application under s.14(1) Law of Limitation Act and Order XXI r.24(1) CPC — Requirement of sufficient cause and exercise of judicial discretion (Mumello v Bank of Tanzania).
* Delay caused by inability to obtain judgment/records — diligence in following up as sufficient cause.
* Omnibus applications — court may ignore unrelated relief (stay of execution) and decide only on extension.
* Costs to abide the outcome of the intended appeal.
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31 December 2019 |
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Bank breached lease by retaining insured vehicle and failed to prove precise outstanding debt; counterclaim unproven.
• Contract/Lease – breach by lender for retention/failure to restore insured vehicle; effect on lessee's performance. • Repossession – wrongful taking during subsisting lease where lender defaulted in obligations. • Evidence – requirement to specifically prove special damages and to quantify outstanding debt. • Counterclaim – refund claims must be specifically proved; absence of particulars defeats relief.
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31 December 2019 |
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Alibi notice must precede prosecution; reliable daytime visual identification can sustain conviction for defilement of an imbecile.
Criminal law – Defilement of an imbecile – Visual identification evidence – Standards for reliance on eyewitness identification; Criminal Procedure Act s.194(4)–(6) – Requirement to give notice of alibi before prosecution case; Role of medical evidence in proving penetration and victim's mental incapacity.
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31 December 2019 |
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An extension to file a certificate of points of law requires the applicant to specify the points; failure to do so warrants dismissal.
* Appellate procedure – extension of time – application under s.11(1) Appellate Jurisdiction Act – requirement to state points of law for certification; * Procedure – extension and certification to be argued together; * Legal representation – advocate’s error does not cure applicant’s duty to specify points of law.
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31 December 2019 |
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Applicant failed to prove procedural irregularity; ex-parte ruling not set aside, application dismissed with costs.
Procedure — Setting aside ex-parte ruling — Order IX r.13 CPC; Evidence — burden on party alleging procedural irregularity; Need for affidavit or corroborating evidence (e.g., court clerk); Failure to appear/advocate negligence not automatically sufficient to set aside ex-parte order.
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30 December 2019 |
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High Court dismissed an incompetent revision filed instead of an appeal, noting revisional jurisdiction is limited and legal aid exists.
Civil procedure — Revisional jurisdiction — Competence of revision where right of appeal exists — Locus standi of non‑party — Financial inability and legal aid (Legal Aid Act s.21(1)) — Alleged attachment of matrimonial/residential property not adjudicated due to procedural incompetence.
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27 December 2019 |
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Court revoked administrator’s grant where a later petition was filed while an earlier petition was pending and documents were fraudulent.
* Probate law – Letters of administration – Revocation where a later petition is filed while an earlier probate proceeding is pending (res sub judice). * Validity of supporting documents – Allegations of fraud/fabrication in meeting minutes as ground to vitiate a grant. * Caveat and priority of petitions – earlier petition has priority over subsequent filings.
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27 December 2019 |
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District Court had jurisdiction over a lease-investment dispute; general damages reduced from Tshs 80M to Tshs 50M.
* Civil procedure – jurisdiction – commercial dispute arising from lease – District Court’s jurisdiction under Magistrates’ Courts Act s.40(3).
* Civil procedure – pecuniary jurisdiction – commercial vs land jurisdictional limits.
* Evidence – documentary exhibits – procedural endorsement not fatal where authenticity undisputed.
* Damages – general damages must be fair, not punitive or for enrichment; appellate reduction of excessive awards.
* Interest – court’s discretion to award post-judgment interest (12% upheld).
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27 December 2019 |
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High Court jurisdiction upheld for print-media defamation; plaint discloses cause of action and objections overruled.
* Media Services Act – interpretation of 'may' and special forum – whether statutory scheme ousts ordinary court jurisdiction in defamation claims. * Civil procedure – cause of action – sufficiency of plaint and annexures in defamation pleadings. * Pleadings – Order VI Rule 3 – when alleged lack of conciseness renders a plaint fatally defective. * Preliminary objections – test for overruling and proceeding to substantive hearing.
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24 December 2019 |
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Applicants charged with economic offences granted bail subject to EOCCA s36 security and statutory conditions.
* Criminal procedure – Bail – Economic offences – Bail is a constitutional right; court may grant bail for bailable economic offences.
* Economic and Organized Crime Control Act s36(5) – security equal to half the value of money/property involved where offences involve actual money or property.
* Apportionment – where multiple accused are involved the required security may be shared among them (Court of Appeal sharing principle).
* Bail conditions – surrender of passports, movement restrictions, deposit of cash or title deed, sureties, execution of bail bond, periodic reporting and court appearances.
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24 December 2019 |
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24 December 2019 |
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Charge was proper; failure to voir dire a child witness was error but conviction upheld due to victim’s affirmed and medical evidence.
Criminal law – Rape of a girl under 18 – Charge validity; Evidence – tender‑aged witness and requirement of voir dire; Victim’s affirmed testimony and medical evidence as sufficient corroboration (s.127(6) Evidence Act).
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23 December 2019 |
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Court struck out suit for defective pleadings, failure to join necessary parties and expired speed-track, though not barred by res judicata.
* Civil procedure — striking out — defective pleadings and late supplementation of documents; expiration of court-imposed speed-track timetable without extension. * Res judicata — earlier judgment concerning debt recovery and sale of mortgaged property did not bar a separate claim for restoration of title. * Joinder — necessity to join creditor/purchaser and Ministry officials where title deed possession is contested. * Remedies — potential impossibility of specific performance where documentary possession is uncertain.
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23 December 2019 |
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A court must consider good cause before striking out a late written statement of defence; extension discretion exists within 21 days.
* Civil procedure – Order VIII Rules 1 & 2 – time for filing Written Statement of Defence – court's discretion to extend time within 21 days after expiry; application must show good cause.
* Civil procedure – striking out documents filed out of time – court must consider reasons for delay before striking out.
* Procedural rules as handmaids of justice – exercise of discretion to promote substantive justice.
* Appealability – order denying filing of a defence is appealable as it deprives party of right to be heard.
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23 December 2019 |
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Appeal allowed: unsafe visual identification and failure to comply with mandatory seizure procedures rendered convictions unsafe.
* Criminal law – Visual identification – identification evidence held unreliable where witnesses gave no description and contradicted each other on lighting; Waziri Amani standard applied.
* Evidence – Exhibits and seizure – mandatory compliance with section 38(3) Criminal Procedure Act; absence of seizure receipt undermines admissibility/authenticity.
* Procedure – Tendering exhibits – improper tendering by complainant of items allegedly in police custody vitiates prosecution case.
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20 December 2019 |
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Attachment-before-judgment application struck out for failing to specify property and provide estimated value as required.
Attachment before judgment; Order XXXVI Rule 6(2) Civil Procedure Code — mandatory specification and estimated value of property; ex parte application; failure to specify/estimate justifies striking out to prevent wrongful or vague attachments.
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20 December 2019 |
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Court struck out bail application because money laundering is a non-bailable offence and charge defects must be tried.
Bail – money laundering – non-bailable offence under section 148(5)(a)(v) CPA; Jurisdiction – High Court cannot determine charge defectiveness during bail application; Section 29(4)(d) EOCCA does not empower determination of charge competence in bail proceedings; Challenges to charges to be addressed at trial.
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20 December 2019 |
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Conviction quashed where night-time identification, unread cautioned statement and broken chain of custody undermined prosecution case.
Criminal law - visual identification at night; identification parade required where witnesses are strangers; cautioned statements must be read over to accused after admission; exhibits require proved chain of custody; forensic/telecom evidence needed to substantiate mobile-money transfers; conviction unsafe where prosecution fails to prove case beyond reasonable doubt.
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20 December 2019 |
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Application for leave to appeal struck out for citing a non-enabling provision; matter found incompetent.
* Criminal procedure – leave to appeal – competence of application – requirement to cite correct enabling provision (Court of Appeal Rules). * Court of Appeal Rules, r.44(1)(a) – misapplication/incorrect citation – renders application incompetent. * Applications improperly moved – procedural non-compliance – struck out. * Costs – not awarded in criminal matter.
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20 December 2019 |
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Applicant entitled to bail because the law in force at the time made the offence bailable (value below threshold).
Bail — applicability of law in force at time of offence; Drugs Act s.27(1)(b) — value-based threshold for non-bailability; Later Drugs Act amendments — weight-based thresholds not applied retrospectively; Constitutional protection — Article 13(6)(c) prohibits heavier penalties or restrictive measures after commission of offence; CPA s.148(5)(a)(ii) not applicable to deny bail in these circumstances.
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20 December 2019 |
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Court granted temporary injunction preventing sale of perishable maize consignment pending trial, finding irreparable loss.
* Civil procedure – interim injunction – Atilio v Mbowe test: prima facie case, irreparable injury, balance of convenience. * Mortgage law – scope of mortgagee’s power of sale vis-à-vis assets not shown as collateral. * Perishable goods – risk of irreparable loss and need for release to mitigate damage. * Temporary relief – limited injunction pending determination of main suit.
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20 December 2019 |
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Extension under s.361(2) granted where court‑supplied defective notice and good‑faith delay made filing late but excusable.
Criminal procedure – extension of time to file notice of appeal under s.361(2) CPA – good cause – factors to consider (length of delay, reasons, prejudice, diligence) – defective notice titled to wrong court – reliance on court/prison‑supplied form by incarcerated appellant – ignorance of law inapplicable – time spent pursuing appeal in good faith excusable delay.
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20 December 2019 |
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Bail cannot be granted where statutory provision bars bail for trafficking heroin weighing 20g or more; application struck out.
Drugs – Bail – Trafficking in heroin weighing 20g or more is statutorily non-bailable (Drugs Control and Enforcement Act s.29(1)(a)); Criminal Procedure Act s.148(5)(a)(ii) – bail governed by statute; application struck out as incompetent.
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20 December 2019 |
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Affidavits lacking proper jurat (place/date/attestor’s details) are incurably defective and render the application incompetent.
* Criminal procedure – Extension of time – Application by Chamber Summons must be supported by valid affidavits; jurat must state attestor’s name, place and date as required by s.8 Notary Public and Commissioner for Oaths Act – absence of place/date renders affidavit incurably defective.
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20 December 2019 |
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Applicants granted extension to file appeal after demonstrating diligence and good cause under s.361(2) CPA.
Criminal procedure — Extension of time under s.361(2) CPA — "Good cause" requires promptness and diligence — Prisoner-applicant delays — Prospects of success not considered at extension stage — Discretionary grant of extension.
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20 December 2019 |
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Extension of time to appeal struck out for reliance on wrong statutory provision and an incurably defective affidavit.
* Criminal procedure – extension of time to appeal – Section 361(2) CPA – applicability limited to appeals to the High Court (from subordinate courts).
* Procedure – wrong enabling provision – application incompetent if court not properly moved.
* Evidence/affidavit – jurat must state place of swearing per s.8 Notary Public and Commissioner for Oaths Act – omission is incurable.
* Overriding objective – cannot cure defects going to competency of the application.
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20 December 2019 |
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Applicant charged with economic forest offences granted bail with strict s.36 security and supervisory conditions.
Criminal procedure – Bail pending trial – Presumption of innocence – Burden to prove risk of non-appearance – Economic offences – s.36 Economic and Organized Crime Control Act: security equal to at least half value of property/money involved – Conditions of bail for protection of public interest in natural resources.
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20 December 2019 |
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Bail application dismissed as res judicata and court functus officio due to prior DPP‑backed dismissal.
* Criminal procedure – bail – Effect of DPP’s certificate objecting to bail – certificate remains effective until proceedings conclude or withdrawn.
* Res judicata and functus officio – a court will not re‑entertain a bail application already finally determined by another court of concurrent jurisdiction.
* Remedy to challenge prior decision is appeal, not refiling identical application in another court.
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19 December 2019 |
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Applicant charged with unlawful possession of government trophies granted bail subject to EOCCA section 36 conditions.
* Criminal procedure – Bail pending trial – EOCCA ss.29(4), 36(1), (5) and (6) – bailable offence involving government trophies under Wildlife Conservation Act – security equal to half the value of subject matter – cash or title deed, two sureties, passport surrender and travel restrictions.
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19 December 2019 |
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Court partly allowed appeal, ordering 50/50 division of the home and 30% share for respondent in the family shop.
Family law – division of matrimonial property – assessment of contributions (money, property, work) – whether second spouse’s contribution must be considered – adjustment of shares where non-marital contributions established.
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19 December 2019 |
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Memorandum of Appeal struck out for argumentative grounds and fatal mis‑naming; mandatory procedural rules not curable by overriding objective.
Civil procedure – Preliminary objections – Order XXXIX Rule 1(2) CPC – Grounds of appeal must be concise and non‑argumentative; mis‑naming of parties in Memorandum of Appeal is a fatal defect; amendment must be sought before objection; overriding‑objective cannot cure mandatory procedural provisions.
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19 December 2019 |
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Applicant failed to prove good cause for a 12-year delay; extension of time to appeal was refused.
Criminal procedure – Extension of time under s.361(2) CPA – Requirement to show "good cause" – Adequacy of affidavit evidence of prior filing and steps taken – Excessive delay (12 years) disentitles applicant to extension.
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19 December 2019 |
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Delay in obtaining certified proceedings is good cause to extend time to file an appeal; appeal to be filed within 30 days.
Extension of time – whether delay in supply of certified copies of proceedings constitutes good cause; Magistrates' Courts Act s.25(1); Criminal Procedure Act s.361(1)(b) – exclusion of time used to obtain copies; costs not awarded where respondent did not cause delay.
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19 December 2019 |
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Applicants charged under EOCCA entitled to bail; court imposed cash/title security, sureties, surrender of travel documents, and verification.
Criminal procedure – Bail pending trial under EOCCA s29(4) and s36; presumption of innocence; test for bail is probability of appearance; security calculation where subject matter has monetary value; surrender of travel documents and sureties; verification by trial magistrate.
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19 December 2019 |
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The applicant cannot sue the respondent insurer directly; insurer’s liability arises after judgment against the insured.
Motor insurance – nature of contract (indemnity vs guarantee); third‑party claims against insurer; Motor Vehicle Insurance Act s.10(1) – insurer liability contingent on judgment against insured; procedural requirements to join insurer or obtain judgment first; third party’s lack of direct enforceable right absent statute or judgment.
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19 December 2019 |
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Whether disciplinary and appellate public service decisions were void for breach of natural justice, delay, or lack of jurisdiction.
* Judicial review – Certiorari – Review limited to illegality, excess of jurisdiction, denial of natural justice, unreasonableness.
* Public service disciplinary proceedings – clarity of charge, right to be heard, statutory time limits.
* Employment status – secondment versus transfer and disciplinary authority.
* Procedural defects – absence of some records or unsigned minutes not necessarily fatal.
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19 December 2019 |
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Court struck out repeat application for extension of time to file notice of appeal as functus officio.
Criminal procedure – extension of time to file notice of appeal – repetition of earlier application – functus officio/absence of jurisdiction – administrative recourse to prison and trial court for records.
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19 December 2019 |
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Court granted six-month extension to file estate inventory/accounts pending related administration and transfer proceedings.
Probate — Extension of time to file inventory and accounts — Court’s discretion to extend time where related proceedings (appointment of administrators and transfer of decreed shares) affect estate administration — Six months' extension granted.
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19 December 2019 |
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Unproven e‑filing/network failure does not justify extension of time to file a rejoinder; appeal proceeds on existing record.
* Civil procedure – Extension of time – Application requires sufficient and credible reasons supported by evidence – Alleged e‑filing/network failure must be proven.
* Procedural fairness – Rejoinder not indispensable – Absence of rejoinder does not automatically warrant dismissal of appeal.
* Judicial discretion – Court may refuse extension where reasons are speculative or uncorroborated.
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19 December 2019 |
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A prisoner was granted extension to file appeal documents after showing delay caused by prison authorities.
* Criminal Procedure Act (s.361(2)) – extension of time to file Notice and Petition of Appeal – Court’s discretion where good cause is shown.
* Criminal Procedure Act (s.363) – prisoner’s appeals to be presented through officer in charge – reliance on prison authorities may explain delay.
* Procedural law – good cause for delay – unchallenged affidavit attributing delay to custodial procedures suffices to grant extension.
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19 December 2019 |