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Citation
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Judgment date
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| December 2021 |
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Applicant failed to show a triable issue, irreparable harm or favorable balance of convenience for a mareva injunction.
* Civil procedure – Mareva (freezing) injunction – interim injunction sought prior to institution of suit where 90‑day notice to sue Government delays filing.
* Jurisdiction – Court’s power under s.2(3) Judicature and Application of Laws Act to apply common law remedies including mareva injunction.
* Interim injunction test – requirement of prima facie/triable issue, irreparable injury, and balance of convenience.
* Mortgage enforcement – acknowledgment of debt and default defeats claim for injunctive relief absent evidence bank participated in alleged misrepresentation.
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28 December 2021 |
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Failure to facilitate transfer for legal representation in Primary Court infringes right to be heard, rendering proceedings null.
Matrimonial property — right to be heard and legal representation — Primary Court received advocate’s engagement letter but failed to transfer file — breach of Article 13(6) Constitution and Magistrates' Courts Act (ss.45,47) — proceedings vitiated; admission of secondary evidence; evaluation of contributions to matrimonial property.
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28 December 2021 |
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Applicants charged with wildlife and firearms offences granted bail subject to deposit, sureties, passport surrender and movement restrictions.
Bail — EOCCA s29(4)(d) jurisdiction where value of government trophies TShs 26,720,000/=; Bail conditions — EOCCA s36(5): deposit of half asset value or equivalent immovable property, bonds, sureties, surrender of passports, movement restriction to Pwani, verification by Resident Magistrate; Charges: unlawful possession of government trophies, leading organized crime, unlawful possession of firearms; Uncontested application.
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24 December 2021 |
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Uncontested EOCCA bail application allowed; court imposed monetary/immovable security, bonds, sureties, passport surrender and movement restrictions.
* Criminal procedure – Bail – Economic and Organized Crime Control Act (EOCCA) s.29(4)(d) – bailability of offences involving alleged proceeds or valuable government trophies.
* Bail conditions – monetary deposit/share of alleged value, alternative immovable property security, bonds, sureties, surrender of travel documents, movement restriction, verification by Resident Magistrate.
* Uncontested bail application – effect on court’s exercise of discretion to admit accused to bail.
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24 December 2021 |
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Where charge sheet omits pecuniary value, bail jurisdiction lies with committal court; High Court may nonetheless grant bail via inherent powers.
* Criminal procedure – Bail under EOCCA s.29(4) – jurisdiction depends on pecuniary value of property involved; undisclosed value vests jurisdiction in committal court. * Doubt about value resolved in favour of accused. * High Court may invoke inherent powers to grant bail where appropriate.
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23 December 2021 |
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A review application filed beyond the 30‑day limitation period is jurisdictionally time‑barred absent proof of extension, and is dismissed.
Civil procedure — Review application — Limitation period — Item 3, Part III, Schedule to the Law of Limitation Act (30 days) — Failure to prove extension of time — Alleged suo motu order not produced — Time bar goes to jurisdiction — Dismissal with costs.
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22 December 2021 |
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Appellant failed to prove prior transfers; 10% award to respondent for domestic contribution to matrimonial house upheld.
* Family law – Division of matrimonial property – Section 114 Law of Marriage Act – domestic contribution versus financial contribution in apportioning shares.
* Evidence – Burden of proof – Section 110 Evidence Act – party alleging prior transfer must prove it with evidence.
* Civil procedure – appeal – quashing of eviction order overtaken by events.
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22 December 2021 |
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Absent an appeal, review is available and manifest errors in judgment justify review and uphold the district court.
Civil Procedure – Review jurisdiction – Order XLII Rule 1(a) and Section 78(1)(a): review permissible where no appeal has been preferred; Judgment requirements – Order XX Rule 4: necessity of concise statement, points for determination, decision and reasons; Manifest error/miscarriage of justice grounds for review.
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22 December 2021 |
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21 December 2021 |
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Extension of time refused where applicant failed to account for delay despite respondent's defective counter-affidavit.
* Civil procedure – Extension of time – application under s.11(1) AJA – requirements under Lyamuya guidelines to account for every day of delay and show diligence.
* Evidence – Affidavit law – validity of counter-affidavit – deponent named differs from jurat signatory – advocate may swear only to matters within personal knowledge; information supplied to advocate is hearsay.
* Court of Appeal Rules (Rule 45(a)) – time limits for applying for leave to appeal – need to prove when judgment copy was received.
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17 December 2021 |
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Applicant’s extension of time denied: counter-affidavit defective and applicant failed to account for delay or show diligence.
* Civil procedure — extension of time — requirements under Lyamuya: account for all days of delay, non-inordinate delay, diligence, or exceptional point of law/illegality.* Affidavit law — essential ingredients of a valid affidavit; deponent must be the person who swears the affidavit.* Advocate sworn affidavits — advocate may swear only to matters within personal knowledge; information supplied by client is hearsay and renders affidavit defective.* Exercise of judicial discretion — extension refused where applicant fails to account for delay or show diligence.
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17 December 2021 |
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Court granted a three-month extension to an administrator to complete estate administration due to illness.
* Probate law – Enlargement of time under Rule 109(1) & (2) – Administrator’s failure to exhibit inventory and file accounts – Illness as good cause for extension.
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17 December 2021 |
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Convictions quashed where visual ID, chain of custody for handwriting evidence, and bank statement corroboration were deficient.
Criminal law – visual identification – unreliable identification parade and absence of CCTV; evidentiary chain of custody – handwriting expert report inadmissible where comparison document not tendered; requirement to tender bank statement to corroborate withdrawal slip in obtaining-money-by-false-pretences charge; convictions quashed for failure to prove case beyond reasonable doubt.
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17 December 2021 |
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High Court granted uncontested EOCCA bail, finding jurisdiction and imposing statutory s36(5) deposit, surety and travel conditions.
EOCCA — jurisdictional pecuniary bar (s29(4)(a)) — bailable offences — mandatory bail conditions under s36(5) — deposit or property security, sureties, surrender of travel documents, and attendance obligations.
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17 December 2021 |
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A sending bank is responsible to its customer for international transfers not received, including correspondent banks’ failings.
Banking law – Electronic Fund Transfer (EFT) – SWIFT transfers; banker–customer relationship – agency and sub-agent liability; privity of contract; Bank of Tanzania Financial Consumer Protection Regulations (Reg. 58) – responsibility of initiating service provider where multiple providers involved; executability and clarity of judgments; remedies — repayment, general damages and costs.
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17 December 2021 |
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An unregistered entity lacks locus standi; proceedings instituted by it are incompetent and must be struck out.
* Civil procedure – locus standi – legal personality of unregistered societies – an unregistered society cannot sue in its own name.
* Competence of proceedings – where plaintiff’s legal status is uncertain the suit must be struck out rather than adjudicated on merits.
* Revisional jurisdiction – High Court may invoke revisional powers to quash proceedings founded on an incompetent suit.
* Costs – court may order shared costs where fairness warrants.
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17 December 2021 |
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Court holds VTMS fines issued to drivers under Transport Licensing Regulations lawful; plaintiff failed to prove special damages.
Transport law – Vehicle Tracking and Monitoring System (VTMS) – Issuance of notifications/fines to PSV crews – Legality under Transport Licensing (Public Service Vehicle) Regulations 2017 (Reg.23(2)(d)) – Compounding offences (7th Schedule, item 16) – Proof required for special damages.
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16 December 2021 |
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Court grants bail to applicants charged with unlawful possession of government trophies, imposing monetary and surety conditions.
* Criminal procedure – Bail – Application under Cap 200 (ss.29(4)(d), 36(1), 36(5)(a)) – Offence of unlawful possession of government trophies – Bailable offence – Conditions of bail including cash/security deposit, bonds and sureties – Reporting requirements and surrender of travel documents.
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15 December 2021 |
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Circumstantial evidence must form a connected chain; disjointed gaps and missing witnesses undermine proof beyond reasonable doubt.
* Criminal law – Theft – Circumstantial evidence – Necessity of coherent connected links proving guilt beyond reasonable doubt. * Evidence – Failure to summon material witness – effect on proof and possible adverse inference. * Evidence – Witness contradictions and procedural reception of exhibits affecting reliability of prosecution case.
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15 December 2021 |
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Court reduced instruction fee and struck out unclaimed suo motu preparation costs on taxation review.
Advocates’ Remuneration — Taxation of costs — Instruction fees — Discretion to exceed Schedule requires stated reasons (nature, complexity, time) — Suo motu awards of unclaimed/unproven costs disallowed — Attendance, transport and disbursement allowances — Revision under Advocates Remuneration Order, 2015.
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14 December 2021 |
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Failure to administer oath to witnesses vitiates the trial, requiring a retrial of the matrimonial matter.
Oaths and Statutory Declarations Act s.4(a) — mandatory administration of oath/affirmation to witnesses; omission vitiates proceedings; Overriding Objective (s.3A CPC) cannot cure mandatory procedural defects; retrial de novo in matrimonial cause.
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14 December 2021 |
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Appellant failed to prove vehicle ownership and thus lacked insurable interest; appeal dismissed with costs.
Motor vehicle collision; proof of ownership under Evidence Act s.110(1); insurable interest and entitlement to indemnity; documentary evidence and tendering of registration/sale documents; locus/standing to claim insurance proceeds.
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14 December 2021 |
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An enforcement order by the juvenile court is not appealable; remedy is appeal of original custody order or revision.
Juvenile law – enforcement of custody orders – appealability; execution/enforcement orders not appealable under Section 74(1) and Order XL CPC; remedies: appeal original custody order, vary order under Rule 79(1), or challenge enforcement by revision; Rule 81 (enforcement procedure); precedent affirms no appeal lies from execution orders.
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14 December 2021 |
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A Mareva injunction under s.2(3) JALA is inappropriate where no legal impediment prevents instituting the Companies Act claim.
Civil procedure – Temporary injunctions vs Mareva-type injunctions; s.2(3) Judicature and Application of Laws Act – intended where legal impediment prevents instituting a suit; Atilio v Mbowe test applies to injunctions where a main suit is pending; interlocutory application is not a pending main suit; available remedies under Companies Act for shareholder disputes.
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13 December 2021 |
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Revocation of letters of administration requires proof of fraud; unproven allegations warrant dismissal.
* Probate law – Revocation of letters of administration – Grounds under section 49(1)(b) & (c) (fraud/false suggestion).
* Evidence – Requirement to prove grant obtained by false information; assessment of clan meeting minutes.
* Procedure – Compliance with citation requirements and absence of caveat legitimising grant.
* Remedies – Appropriateness of revocation once administration progressed and final account filed.
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13 December 2021 |
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Appellant’s honest belief in ownership negated malicious prosecution; appeal allowed and trial judgment set aside.
Malicious prosecution — elements required: institution/continuation of proceedings, absence of reasonable and probable cause, malice, termination in plaintiff's favour; burden on plaintiff to prove absence of reasonable cause; reporting to police with honest belief constitutes reasonable cause; withdrawal/amicable settlement not necessarily termination in favour.
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10 December 2021 |
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Failure to account for post-judgment delay and non-apparent illegality defeat extension of time to appeal.
Extension of time – good cause – computation of appeal period – exclusion of time spent obtaining copy of judgment – decree on appeal not mandatory – illegality must be apparent on face of record.
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10 December 2021 |
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Conviction for cattle theft quashed where owner failed to identify livestock beyond general description, creating reasonable doubt.
Criminal law – Theft – Identification and ownership of allegedly stolen property – Necessity of distinctive marks or particularized identification; generalized description (colour) insufficient – Evidence of co‑accused requires corroboration – Conviction unsafe where identification doubtful.
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10 December 2021 |
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10 December 2021 |
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Application for limited letters dismissed for non‑compliance with Probate Rules; applicant may petition under intestacy rules.
Probate law – limited letters of administration (s.39) – procedural precondition of lodging a petition (Probate Rules r.51(1)) – intestacy grants (s.33(1)) – standing of divorced former spouse to petition after revocation of administrator.
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10 December 2021 |
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Appellant failed to prove a loan by the company; document inadmissible and appeal dismissed with costs.
Evidence – admissibility of documents; document not tendered or admitted cannot be relied upon; Evidence Act ss.110–111 – burden of proof on person alleging fact; Company law – corporate personality/Salomon principle; director’s personal transaction does not bind company absent express authority; Failure to prove contract — appeal dismissed with costs.
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10 December 2021 |
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Appellant's conviction upheld where corroborated confession and circumstantial evidence proved damage to telecommunication cables.
Criminal law – circumstantial and direct evidence; corroboration of caution statement; proof of damage to telecommunication infrastructure as "necessary services"; admissibility and proof of pecuniary loss via TTCL report.
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10 December 2021 |
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Applicant failed to show sufficient cause, technical delay, or apparent illegality to justify extension of time to seek leave to appeal.
* Civil procedure – extension of time – requirement to account for each day of delay – Bushiri principles.
* Technical delay – Fortunatus Masha – applicable where appeal/filing struck out, not where appeal withdrawn.
* Procedural negligence – ignorance of law by advocate not good cause for extension.
* Illegality as ground – must be apparent on face of record and of sufficient importance (Lyamuya).
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10 December 2021 |
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Delay in receiving judgment copies does not excuse late appeal; alleged illegality must be apparent on the record.
* Civil procedure – Appeal from District Court exercising appellate jurisdiction – Extension of time under s.25(1)(b) Magistrate Courts Act – Thirty day limitation. * Civil procedure (Appeals from Primary Courts) GN No.312/1964 – Rule 3 and Rule 4 – No legal requirement to attach impugned judgment to petition of appeal. * Extension of time – Illegality ground – Illegality must be apparent on the face of the record and of sufficient importance to justify extension.
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10 December 2021 |
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Variance between charge-sheet dates and medical evidence rendered the appellant's conviction unsafe and was quashed.
Criminal law – burden of proof beyond reasonable doubt; variance between charge-sheet dates and evidence; duty to amend charge under section 234 CPA; credibility of complainant in sexual offences; fatal variance leads to acquittal.
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3 December 2021 |
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Winding-up petition struck out for failure to verify by affidavit; endorsement repairable; advertisement non‑compliance not proved.
Companies law – winding-up petition – Companies (Insolvency) Rules GN. No. 43 of 2005 – Rule 95 and Rule 100: affidavit verifying petition is mandatory and is prima facie evidence; Rule 99(2)(b): advertisement within seven working days after service (or seven days before hearing); Rule 102: certificate of compliance to be filed five days before hearing – endorsement curable; petition struck out for absence of verifying affidavit.
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3 December 2021 |
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Appellate court dismisses challenge to execution order: issues not raised at trial cannot be entertained and execution against both defendants was proper.
Civil procedure – execution of judgment – variation of remedy to monetary compensation where property destroyed – whether execution can be directed against both defendants; Civil procedure – appellate review – appellant cannot raise issues not pleaded or determined at trial; Parties – joinder – cannot join a non-party (road authority) in execution proceedings.
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3 December 2021 |
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Adoption granted where statutory procedures, commissioner’s consent and social report establish the child's best interests.
Law of the Child Act – Adoption – compliance with Section 59(1) and (2); abandonment and placement in care; consent by Commissioner for Social Welfare; guardian ad litem social investigation; best interests of the child; foster care and attachment.
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3 December 2021 |
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Revision during execution cannot be used to re-open an unchallenged consent decree; execution must enforce the decree.
* Civil procedure — Revision — Limits of revision during execution; executing court must enforce, not alter, consent decrees. * Family law — Consent judgments in matrimonial causes — Parties may agree to transfer matrimonial property to third‑party beneficiaries; such consent is binding unless set aside by review or appeal. * Locus standi — Party to decree entitled to execute decree even where benefits go to beneficiary. * Land law — s.20(1) Land Act restricts allocation/grant to non‑citizens but does not bar enforcement of judgments by foreign nationals for benefit of Tanzanian third parties.
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3 December 2021 |
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Extension of time granted where lay applicant bona fide filed revision instead of appeal; section 14(1) LLA applies.
Civil procedure – extension of time under section 14(1) Law of Limitation Act – applicability where District Court acted in original jurisdiction; bona fide ignorance of correct remedy; short delay; no prejudice to respondent.
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3 December 2021 |
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Cautioned statements not read aloud are expunged; without them prosecution failed to prove armed robbery beyond reasonable doubt.
Criminal procedure – admissibility of cautioned statements – mandatory requirement to read admitted documents aloud to accused; failure is fatal and leads to expungement; sufficiency of evidence for armed robbery – identification, medical/PF3 evidence for weapon use, and limits of recent-possession doctrine.
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3 December 2021 |
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Preliminary objection alleging a frivolous constitutional challenge was dismissed and the petition referred for full hearing by a three-judge panel.
Constitutional law — challenge to Government Proceedings Act (ss. 6A, 16(3), 16(4)) — allegations of discrimination and impediment to execution of decrees; Civil procedure — preliminary objection — frivolous/vexatious and abuse of process; Mukisa Biscuit principle — pure point of law vs. factual enquiry; BRADEA s.8(2) jurisdictional limits.
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3 December 2021 |
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A Mareva‑type injunction application was struck out for failing to serve the mandatory 90‑day notice and lacking cause of action against government respondents.
Civil procedure – Mareva (freezing) injunctions pending institution of a suit – applicability of section 2(3) JALA to import common law equitable remedies where no suit is pending – Order XXXVII, Rule 1(e) CPC inapplicable without pending suit; Government Proceedings Act, section 6(2) – mandatory 90‑day notice to Attorney General – noncompliance renders proceedings premature; cause of action – requirement to show basis against government parties.
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3 December 2021 |
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Consent judgment recording installment payment settlement, 7% default interest, and each party to bear own costs.
Consent judgment – Deed of settlement filed under Order XXIII, Rule 3 Civil Procedure Code – Payment in instalments – Interest at 7% on default – Execution on default – Parties to bear own costs – Withholding tax certificate requirement.
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2 December 2021 |
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2 December 2021 |
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A purported cautioned statement lacking recorded time/terms and obtained outside permitted interview period is inadmissible.
* Criminal procedure – cautioned statement – statutory requirements under section 57(2)(d): whether a caution was given, terms of caution, time of caution and response must be recorded.
* Criminal procedure – time limits for interviewing detained suspects – requirement to seek/obtain extension under section 51(1)(a) and (b).
* Admissibility – non‑compliance with statutory formalities renders a purported cautioned statement inadmissible.
* Voluntariness – allegations of coercion may affect admissibility, but statutory non‑compliance alone can suffice to exclude evidence.
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2 December 2021 |
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Circumstantial evidence, lack of seizure certificate and missing material witnesses rendered the conviction unsafe.
Criminal law – cattle theft – circumstantial evidence – requirements for a complete chain of evidence – proof beyond reasonable doubt; Evidence Act – search and seizure – certificate of seizure and chain of custody; Duty to call material witnesses; Evaluation of accused's defence.
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1 December 2021 |
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Failure to serve a complainant's statement and inadequate visual identification rendered the conviction unsafe.
* Criminal law – armed robbery – visual identification at night – need to exclude mistaken identity; identification by naming alone is insufficient without describing lighting conditions.
* Evidence – admission and service of documentary exhibits – statement admitted under section 34B must be served on the accused; failure to do so violates fair trial rights.
* Confessions – extra-judicial confession to civilian may be probative, but conviction may still be vitiated by procedural defects in evidence handling.
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1 December 2021 |
| November 2021 |
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An invalid conciliation board certificate deprives the court of jurisdiction to pronounce divorce despite the parties’ apparent agreement.
Matrimonial law — Conciliation board certificate — Validity and competence to found court proceedings; Law of Marriage Act s.104(1) — requirement to hear both parties and power to adjourn; Procedural compliance as prerequisite to trial of matrimonial causes; Consent to divorce insufficient to cure defective conciliation certificate.
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30 November 2021 |
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Directors cannot be arrested in execution unless the corporate veil is properly lifted and requisite proof provided.
* Civil procedure – Revision under section 79(1) – material irregularity in execution proceedings leading to quashing of subordinate court order.
* Execution law – Enforcement against companies – requirement to lift corporate veil before arrest/detention of directors; necessity of proof company has no attachable assets and proof of directorship.
* Service/ex parte proceedings – substituted service/default does not dispense with necessity of proving substantive prerequisites for arrest.
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30 November 2021 |