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Citation
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Judgment date
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| December 2023 |
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High Court overruled procedural objections and set aside a district court interlocutory noise‑restraint order, awarding costs to the applicant.
* Civil procedure – Revision – Calling for record and setting aside interlocutory order – revision of district court interlocutory injunction restraining alleged nuisance.
* Civil procedure – Preliminary objections – compliance with section 79(2) CPC, citation of repealed/non‑existent provisions and abuse of court process.
* Interim relief – nuisance (noise) – interlocutory restraint and effect on business operations.
* Urgency – consent to concurrent disposal of objections and substantive application; immediate decision with reasons to follow.
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22 December 2023 |
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High Court overruled preliminary objections and set aside district court noise-restraint order; costs awarded to applicant.
* Civil procedure – Revision – High Court calling for District Court record and setting aside interlocutory order restraining noise nuisance.
* Preliminary objections – compliance with section 79(2) Civil Procedure Code; competence and citation of statutory provisions.
* Jurisdiction and procedure – hearing preliminary points and substantive relief concurrently by consent; urgency as basis for prompt decision.
* Injunctive/interlocutory orders – review and setting aside by revisional jurisdiction.
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22 December 2023 |
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Conviction quashed where child-witness procedure was sufficient but prosecution failed to prove guilt beyond reasonable doubt.
* Evidence Act s.127(2) – child of tender age – requirement to promise to tell the truth – omission to test understanding not fatal where child not on oath/affirmation.
* Criminal law – proof beyond reasonable doubt – failure to call a key witness, unexplained delay in reporting, and material contradictions may produce reasonable doubt.
* Extrajudicial confession – necessity to hear witness who received the confession.
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22 December 2023 |
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Court admitted prosecution's seizure certificate, ruling authenticity disputes affect weight not admissibility.
Evidence — Documentary evidence — Admissibility of certificate of seizure; relevance vs weight; authenticity disputes reserved for final determination (Exhibit Management Guidelines 2.4.8); Evidence Act ss.8–11 on relevance; prior ruling's cross-cutting effect in same case.
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22 December 2023 |
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Failure to read amended charge and obtain fresh plea, and an omnibus conviction, rendered the trial a nullity and justified retrial.
Criminal procedure — amendment of charge and requirement to read over charge and secure fresh plea (s.234 CPA) — failure to do so is fatal and renders conviction a nullity; omnibus conviction on multiple counts is invalid; retrial ordered before different magistrate.
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22 December 2023 |
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Failure to notify the applicant of the ex‑parte judgment date violated the right to be heard; ex‑parte judgment set aside.
Civil procedure — Service of summons — Substituted service by publication — Requirement that court satisfy itself prior to ordering substituted service; Constitutional right to be heard — Notice of date for judgment pronouncement (Order XX Rule 1 CPC) — Failure to notify constitutes material irregularity — Ex-parte judgment set aside and matter ordered retried de novo.
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21 December 2023 |
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Appellant failed to prove contribution to disputed properties; appeal dismissed and trial division of assets upheld.
Matrimonial property — definition and classification; burden of proof and extent of contribution in division of matrimonial assets; Rule 27(3) Law of Marriage (Matrimonial Proceedings) Rules — discovery of documents; role of documentary evidence (sale agreements, loan documents, gift/handing-over) in characterising assets; separation and evidence of conduct as relevant factual considerations.
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20 December 2023 |
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A reference combining two distinct taxation-related decisions is omnibus and incompetent, therefore struck out.
Civil procedure — Reference under Advocate Remuneration Order — Omnibus application — Combining distinct taxation-related matters in one reference — Incompetent and liable to be struck out; separate decisions require separate references.
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19 December 2023 |
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Court registered and enforced an agreed arbitral award as judgment, imposing payment schedule and shared arbitration costs.
Arbitration — Registration and enforcement of arbitral award under Arbitration Act; agreed award under s58(1) held authentic and final; leave to enforce under s73 granted; award registered as court judgment; payment schedule and equal sharing of arbitration costs; claims for costs, general damages and interest dismissed.
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19 December 2023 |
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Amendment to AJA removed leave requirement; pending application for leave struck out as overtaken by events.
Appellate Jurisdiction Act s.5 (amended) – abolition of leave requirement for civil appeals – retrospective application of procedural amendment – pending leave applications overtaken by events – striking out application; costs to be borne personally.
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19 December 2023 |
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Court overruled objections, holding related extension and revision prayers may be combined; omission of enabling provision not fatal.
* Civil procedure – omnibus applications – whether prayers may be combined; test of being diametrically opposed or requiring distinct considerations.
* Civil procedure – extension of time – omission of enabling provision not fatal to application.
* Civil procedure – courts should discourage multiplicity of proceedings where reliefs are compatible and sequential.
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19 December 2023 |
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Applicant's extension request dismissed for failing to prove administrator’s appointment or provide admissible supporting evidence.
* Civil procedure – Extension of time – requirement to show sufficient cause; affidavit must provide credible, provable facts to justify extension. * Evidence – Affidavit reliance on information from unnamed third parties amounts to hearsay unless corroborated or sworn by the source. * Succession/probate – Appointment of administrator must be proven by appropriate documentary or court evidence when central to relief sought.
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19 December 2023 |
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Court granted adoption of an abandoned child as being in the child’s best interests and ordered registry compliance.
Adoption law – Best interests of the child; abandoned/parentless child eligible for adoption; weight of Social Welfare/Guardian ad Litem report; suitability of adoptive parents; requirement to serve adoption order on Registrar General under s.70 Law of the Child Act.
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18 December 2023 |
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An adoption granted where the applicant was approved and recommended, and the adoption served the child’s best interests.
* Adoption law – Law of the Child Act and Adoption Regulations – requirements for adoption where child abandoned and biological parents unknown
* Best interests of the child – social investigation report and Guardian ad Litem’s recommendation
* Procedure – necessity of Social Investigation Report and Commissioner’s approval; registration with Registrar General (section 70)
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18 December 2023 |
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Pendency of an appeal does not automatically stay execution; a formal stay order is required.
Execution law – appeal pendency does not automatically stay execution; stay must be ordered under Order XXXIX Rule 5 CPC; revisional jurisdiction vertical – court cannot revise its own decision; suo motu revision permissible to investigate execution irregularities; disputes over power of attorney and bank directions to be decided in execution court.
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15 December 2023 |
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Court granted extension of time where applicants promptly pursued relief after their notice of appeal was technically struck out.
Extension of time – sufficiency of cause – Lyamuya factors (length of delay, reasons, promptness, diligence, prejudice) – technical delay (struck out appeal) may justify enlargement if promptly and diligently pursued.
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15 December 2023 |
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Applicant failed to prove sufficient cause for counsel's absence; restoration of dismissed application denied.
* Civil procedure – Restoration of applications dismissed for want of prosecution – Applicant must show good/sufficient cause. * Evidence – Proof required of counsel's incapacity: credible medical evidence and notification to court. * Representation – Need for affidavit/evidence that substitute counsel was instructed to hold brief. * Duty of party – Party engaging an advocate must follow up and cannot rely on advocate's omission as ground for setting aside dismissal.
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15 December 2023 |
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Application for extension of time dismissed for failure to account for delay and insufficiently apparent illegality.
* Civil procedure — extension of time under Advocates Remuneration Order (Order 8(1)) — applicant must show sufficient cause and account for each day of delay. * Accounting for delay — delay of each day must be explained (Bushiri principle). * Illegality as ground for extension — must be apparent on the record, relating to jurisdiction or denial of hearing; mere arguable error insufficient. * Taxing officer powers — contention that striking out bill instead of proceeding ex parte (Order 68) does not constitute an apparent illegality warranting extension.
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15 December 2023 |
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Revision challenging attachment of bank funds in execution was dismissed; court found no alteration of the decree.
* Civil procedure – Execution – Execution orders not appealable; proper challenge by revision under section 79(1)(c) CPC
* Execution – Mode of assistance – Attachment of bank funds and garnishee orders as means to enforce a decree ordering release of goods
* Interpretation v. alteration of decree – Executing court may interpret decree to give effect to requested mode of assistance
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15 December 2023 |
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Conviction quashed where visual identification and proof of ownership were unreliable and insufficient.
Criminal law – Armed robbery – Visual identification evidence – Necessity for conditions favouring correct identification and elimination of mistaken identity – Failure to hold identification parade; failure to prove ownership of stolen property (IMEI/SIM/receipts) – Conviction unsafe.
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15 December 2023 |
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Conviction quashed where prosecution failed to prove bribe acceptance and destruction beyond reasonable doubt.
Criminal law – burden of proof; corruption offences – requirement to prove soliciting and actual acceptance of bribe beyond reasonable doubt; insufficiency of poorly planned bribe-traps; proof of destruction of evidence requires proof of receipt.
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15 December 2023 |
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Plaintiff failed to prove employer liability for alleged December 2016–January 2019 pension contributions; suit dismissed with costs.
Social security contributions – employer liability – whether contributions payable after alleged termination date; burden of proof in civil case – preponderance of probabilities; evidential weight of electronic documents (Electronic Transactions Act) and validity of affidavits sworn before persons not authorised to administer oaths; Labour Division settlement/terminal benefits vs. salary arrears; dismissal for failure to prove claim.
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15 December 2023 |
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A rehearing directed to the district court conducted instead by a resident magistrate court is a nullity.
Jurisdiction; court of the lowest grade competent to try a suit (section 13 CPC); pecuniary jurisdiction and general damages; effect of High Court remittal order; proceedings conducted by a court lacking jurisdiction are nullity; jurisdictional objections can be raised at any stage.
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15 December 2023 |
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Amendment to the Appellate Jurisdiction Act removed the leave-to-appeal requirement, rendering the leave application moot.
* Appellate procedure – Appellate Jurisdiction Act, section 5 – Amendment by Legal Sector Laws (Miscellaneous Amendments) Act No.11 of 2023 – removal of leave requirement for appeals to Court of Appeal in civil proceedings.
* Procedural law – retrospective effect of procedural amendments.
* Company law – question whether company suits require board resolution (issue raised but not determined due to procedural change).
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14 December 2023 |
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High Court granted bail in high-value EOCCA charges, requiring cash deposit, immovable security and sureties under section 36(5).
* Economic and Organized Crime Control Act (EOCCA) – Bail jurisdiction under s.29(4)(d) where value exceeds Resident Magistrate threshold; s.36(1), s.36(4) (grounds to deny bail) and s.36(5) (mandatory deposit and bond).
* High-value economic offences – apportionment of value between accused; cash deposit or immovable property and sureties required.
* Non-opposition by Republic – considered but statutory conditions still mandatory.
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14 December 2023 |
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Applicant failed to establish grounds for revocation because accounts were not properly exhibited and heirs were not notified.
* Probate law – removal of administrator – s.49(1)(e) PAEA – grounds include wilful omission to exhibit accounts or materially untrue accounts. * Probate procedure – exhibition of accounts – s.107 PAEA requires accounts to be presented to court (not merely lodged in registry) and made known to heirs. * Functus officio – filing in registry without court order does not terminate court supervision. * Service – beneficiaries’ right to personal notice and inspection (Probate Rules). * Relief – revocation requires proof of breach of oath or statutory duty.
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13 December 2023 |
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An unrecorded oral confession and circumstantial evidence were insufficient to convict the accused of murder.
Criminal law – Circumstantial evidence; burden to exclude all reasonable hypotheses; Confession – requirement under s.57 Criminal Procedure Act for written/recorded interview; s.31 Evidence Act – relevance of information leading to discovery; investigation deficiencies – scene mapping, chain of custody, decomposed body affecting timing.
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13 December 2023 |
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Plaintiffs’ claims over alleged unexecuted bank transfers were not time‑barred; exemption and accrual tied to appellate judgment discovery.
Limitation of actions — Order VII r.6 CPC — requirement to plead grounds for exemption where suit filed after limitation; accrual of cause of action — discovery rule for fraud and non‑payment; bank’s confirmation of payment and plaintiff’s inability to access creditor’s account relevant to when cause of action accrued.
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13 December 2023 |
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Court upheld convictions: reliable visual identification, innocuous charge variances, chain-of-custody non-fatal, appeal dismissed.
* Criminal law – armed robbery – visual identification: reliability where witnesses were familiar with accused, observed at close distance and in good lighting.
* Criminal procedure – particulars of offence: minor misnomer or variance not fatal if no prejudice.
* Evidence – chain of custody: requirement may be relaxed for items not easily tampered with (motorcycle identified by registration/owner).
* Evidence – cautioned statement: timeliness objection not entertained where not raised at trial; conviction may stand without it if other evidence is sufficient.
* Appellate review – evaluation of defence: general denials that do not raise reasonable doubt are insufficient to overturn conviction.
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12 December 2023 |
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Failure to notify defendant of the ex parte judgment date rendered the judgment a nullity; file remitted for fresh judgment.
Civil procedure — Jurisdiction — Whether a public corporation is 'the Government' for section 7 Government Proceedings Act purposes; Ex parte judgments — mandatory notice of date of judgment (Order XX Rule 1, CPC) — non-compliance renders judgment nullity; Revisional powers — High Court nullifying proceedings and quashing judgment for procedural illegality.
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12 December 2023 |
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The applicant’s failure to plead or annex a board resolution rendered its corporate suit incompetent and it was struck out with costs.
* Companies Act s.147(1) – board resolution – requirement to plead/annex written resolution before a company institutes suit – non-compliance renders plaint incompetent and liable to be struck out; * Civil procedure – preliminary objections – pure points of law may be determined from pleadings without evidence; * Corporate litigation – misnaming and pecuniary jurisdiction issues left academic once incompetence established.
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8 December 2023 |
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Refiling a withdrawn claim without express leave is barred under Order XXIII Rule 1(3) CPC; suit struck out with costs.
* Civil Procedure – Order XXIII Rule 1(2) and (3) CPC – Withdrawal of suit and liberty to institute fresh suit – Leave to refile must be expressly granted and cannot be implied. * Procedure – judicial notice of prior court order – effect of absence of express leave to refile. * Civil procedure – preliminary objections – dispositive objection suffices to dispose of suit.
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8 December 2023 |
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Appeal allowed where prosecution failed to prove penetration and victim’s testimony lacked sufficient credibility and corroboration.
* Criminal law – Sexual offences – Statutory rape – penetration as essential element and requirement of proof. * Evidence – Credibility and corroboration of complainant in sexual offences; medical evidence and PF3. * Criminal procedure – Slip in citation of offence curable under section 388 CPA. * Identification – when identification parade is unnecessary if accused is known. * Witnesses – failure to call local leaders not necessarily fatal but corroboration still required.
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8 December 2023 |
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Application for extension of time to appeal dismissed for failure to account for delay and show sufficient cause.
Extension of time to appeal; requirement to account for each day of delay (Lyamuya/Bushiri); financial hardship and legal‑aid reliance assessed; negligence versus sufficient cause; application dismissed.
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8 December 2023 |
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A prosecution witness's oral testimony must align with the substance of his police statement; material departures are disallowed.
Criminal Procedure Act (ss. 245(6), 246, 289, 192) – witness statements – "substance of evidence" – limitation on oral testimony – prevention of surprise to accused – material departures prejudice credibility and may be excluded.
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8 December 2023 |
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Court granted temporary injunction restraining disposal of deceased’s property pending extension and revision proceedings.
Civil procedure — temporary injunction — whether application for extension of time to file revision amounts to a "suit" under Order XXXVII/XXXVIII CPC; prima facie case and irreparable loss; balance of convenience; probate and administration — protection of heir’s interest pending revision; title restrictions and effect on ability to create liens or long-term leases.
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8 December 2023 |
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Applicant charged with economic offences granted bail under EOCCA subject to substantial security, sureties, passport surrender and travel restrictions.
* Criminal procedure – Bail under EOCCA – Sections 36(1), 36(5) and 36(6) – Bail as constitutional/statutory right – Conditions including cash deposit, bond, sureties, passport surrender and travel restrictions.
* Proportionality – Apportionment of required security among multiple accused.
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7 December 2023 |
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Applicants charged with economic offences granted bail under EOCCA with proportional sharing of deposit and bond conditions.
* Criminal procedure – Bail – statutory and constitutional right – to be restricted only on reasonable grounds.
* Economic and Organized Crime Control Act (EOCCA) ss.36(5),(6) – cash deposit at least half the value involved and remainder by bond.
* Multiple accused – principle of proportionality/sharing – equal allocation of required security among co-accused.
* Bail conditions – cash deposit or title deed, sureties and bonds, surrender of travel documents, jurisdictional and travel restrictions, mandatory attendance.
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7 December 2023 |
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Accused found not guilty by reason of insanity and ordered detained as a mentally disordered offender.
Criminal law – Insanity defence – burden on accused to prove insanity on balance of probabilities; Section 13 Penal Code; Section 219 Criminal Procedure Act – special finding and disposal as mentally disordered offender; post‑ictal psychosis as ground for non‑responsibility.
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7 December 2023 |
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Applicant charged with economic offences granted bail under EOCCA with proportional security and stringent surety and travel conditions.
Bail – statutory and constitutional right – EOCCA ss.29(4)(d), 36(1), 36(5)–(6) – security equal to at least half the value of property/money involved – bond for remainder – proportional allocation among multiple accused – surety verification; travel restrictions; surrender of travel documents.
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7 December 2023 |
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Suit struck out because the High Court (Land Division) and Judiciary Service were not proper parties to be sued.
* Civil procedure – preliminary objection – misjoinder – Order I r.10 CPC – striking out versus amendment
* Government Proceedings Act – suits against government institutions – institution v. head of institution
* Judiciary Administration Act – scope of Judiciary Service’s powers; capacity to be sued or administer court funds
* Execution of decrees – proper respondent for payment of judicially held funds (role of Chief Court Administrator/treasury)
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6 December 2023 |
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Plaintiff failed to prove surgical negligence or causation; anaesthesia complication and appropriate post‑operative care absolved defendants.
Medical negligence – standard of care for surgeons (Bolam/Hucks); burden of proof on plaintiff (balance of probabilities); anaesthesia reaction and cardiac arrest as cause of intra‑operative complication; vicarious liability requires established employee negligence; duty and conduct of receiving hospital in emergency referrals.
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5 December 2023 |
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Court granted review to correct an erroneous withdrawal order and substituted it with an order striking out to allow refiling.
Civil procedure — Review — Error apparent on the face of the record — Substitution of order of withdrawal with order striking out — Preemption of preliminary objection — Board resolution requirement.
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5 December 2023 |
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Unchallenged pleadings and affidavit admissions can suffice to order security for costs without additional documentary proof.
Civil procedure – Security for costs – Order XXV r.1(1) CPC – Applicants must substantiate foreign residence and lack of immovable property, but unchallenged averments and admissions in pleadings/affidavits amount to evidence – Discretion to order security must be exercised on materials before the court.
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5 December 2023 |
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The accused received a 30‑year effective sentence for brutal multiple manslaughters, applying the Sentencing Guidelines and remand credit.
* Criminal law – Manslaughter – sentencing – multiple victims, use of dangerous weapon (hammer), repeated wounds, victims’ vulnerability (children) – High‑Level offence under Tanzania Sentencing Guidelines 2023.
* Sentencing – aggravating factors (brutality, multiple deaths, locking victims, flight) outweigh mitigation (first offender, guilty plea, cooperation).
* Procedure – credit for pre‑trial custody under Section 117 Criminal Procedure Act.
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5 December 2023 |
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Prosecution failed to prove drug trafficking due to unreliable search/seizure evidence and broken chain of custody.
* Criminal law – Narcotic drugs – Trafficking alleged in 1001.17g heroin – requirement that prosecution proves guilt beyond reasonable doubt. * Search and seizure – need for credible independent witness, legality of search (warrant vs emergency) and accuracy of seizure documentation. * Evidence – chain of custody of exhibits from seizure to laboratory; consequences of unexplained custody gaps and contradictions. * Forensic evidence – admissibility/value of Government Chemist report versus break in provenance. * Procedure – accused’s right to rely on alibi; burden remains on prosecution to prove case.
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4 December 2023 |
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Whether judgment on admission, post-scheduling amendments and division of matrimonial property were lawfully handled.
Matrimonial proceedings – Judgment on admission (Order XII r.4 CPC) – distinction from final judgment; Pleadings – amendment after scheduling order (Order VIII r.23 CPC; Matrimonial Rules r.24) – interest of justice principle; Evidence – marriage and reconciliation board certificates – role at admission vs contested proof; Matrimonial property – definition, identification and contributions; Division of assets – assessment of extent of contribution; Decree for immovable property – description requirement (Order XX r.9) and available clarification (s.96 CPC).
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1 December 2023 |
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1 December 2023 |
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The accused were acquitted because the prosecution failed to prove terrorist offences beyond reasonable doubt.
Criminal law – Prevention of Terrorism Act – Elements of terrorist act: need for threatened/actual acts and terrorist intention and particulars of means; Admissibility and weight of cautioned statements – true confession requires disclosure of ingredients; Alibi notice – failure to give notice permits court to afford no weight; Burden of proof – prosecution must prove offence and accused's participation beyond reasonable doubt.
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1 December 2023 |
| November 2023 |
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Delay and questionable accounts rendered the administrator’s grant inoperative; court ordered sale and distribution within a fixed time before revocation.
* Probate & Administration Act – s.107(1) – duty to exhibit inventory within six months and account within one year. * Probate & Administration Act – s.49(1)(d) & (e) – revocation where grant becomes useless/inoperative or where inventory/account is untrue or omitted. * Administrator’s duties – timely distribution, transparency and accountability. * Remedy – conditional compliance order (sale and distribution within fixed time) as alternative to immediate revocation.
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30 November 2023 |