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Citation
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Judgment date
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| December 2024 |
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A constitutional petition challenging government action, not legislation, is vexatious where alternative remedies are available.
Constitutional procedure — competence of petition — vexatious and frivolous petitions under BRADEA Rules; distinction between challenging governmental action and Acts of Parliament; alternative remedies and forum non conveniens (Fair Competition Commission/ judicial review); locus standi of corporate entities in basic rights petitions; admissibility and propriety of affidavits (Order XIX Rule 3 CPC).
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30 December 2024 |
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Formatting defects cured by overriding objective; offensive affidavit paragraphs expunged, application proceeds to merits.
* Civil procedure — Electronic filing — Rule 11(2) and 3rd Schedule — formatting non‑compliance — cured by overriding objective where no prejudice. * Interpretation of Laws — Section 64 ILGCA — inapplicable to schedule/format deviations. * Evidence — Affidavits — must contain facts only; legal argument, conclusions or prayers are extraneous — Ex parte Matovu; offending paragraphs expunged. * Application for extension of time — remaining affidavit paragraphs sufficient to support the application. * Costs to follow the event.
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30 December 2024 |
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Leave for judicial review struck out for failure to exhaust statutory extra‑judicial remedies.
Administrative law — judicial review (leave stage) — requirement to exhaust available extra‑judicial remedies — requisition of general meeting under Law Society Act — prematurity — application struck out.
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30 December 2024 |
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Application under s372 struck out because applicant’s counsel unlawfully administered oath, rendering supporting affidavit defective.
* Criminal procedure – Revisionary powers – Section 372(1) Criminal Procedure Act – High Court may examine regularity of subordinate court proceedings even without a final order, finding or sentence. * Notary Public and Commissioners of Oaths Act s7 – prohibition on commissioners who are advocates administering oaths in matters where they represent a party – breach renders affidavit defective and application incompetent. * Preliminary objection – competence of proceedings – effect of defective supporting affidavit; striking out and leave to re-institute.
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24 December 2024 |
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Court granted interim injunction to preserve estate pending challenge to administrator revocation and alleged misappropriation.
Interim injunction – Order XXXVII Rule 1 CPC – Atilio Mbowe test (serious question, irreparable injury, balance of convenience); Revocation of letters of administration – service of process and ex parte proceedings; Probate closure and administrators' duties; Valuation and alleged misappropriation of estate funds; Preservation of status quo pending substantive hearing.
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23 December 2024 |
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Court partially allowed appeal, reducing sentence for robbery based on misuse of burden of proof and fair application of possession doctrine.
Criminal law – Burden of proof in criminal appeals – Doctrine of recent possession – Sentencing in robbery with violence cases.
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20 December 2024 |
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A company manager may validly verify an affidavit if the matters lie within his managerial knowledge; objection overruled.
Civil procedure – Affidavit verification – Order XIX r.3 CPC – affidavits must be based on deponent’s knowledge or disclose sources for information; company principal officer may verify pleadings; mis‑citation of legal provisions in preliminary objections does not preclude substantive consideration.
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20 December 2024 |
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Extension refused where 28-day delay was unexplained and alleged illegality of ex parte judgment was not established.
* Civil procedure — Extension of time under section 14 Law of Limitation Act — requirement to show sufficient cause and account for each day of delay.
* Illegality as sufficient cause — must be apparent on the face of the record to justify extension.
* Ex parte judgment — requirement to serve notice of date of delivery where defendant absconds; failure to prove non-service defeats reliance on illegality.
* Precedents considered: principles in Lyamuya, Devram Valambhia, VIP Engineering, Cosmas Construction.
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20 December 2024 |
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Court granted three-month access for orderly, accountable removal of perishable goods; landlord must allow access and remove restrictions.
Warehouse tenancy — expired lease; interlocutory injunctive relief to preserve perishable goods; court may order orderly, accountable removal procedures; landlord must allow access and remove restrictions; order not inconsistent with prior stay.
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19 December 2024 |
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Mareva injunction struck out as overtaken by events; court ordered protection/removal of movable assets pending suit.
Mareva injunction — requirements: prima facie case, irreparable harm, balance of convenience — application overtaken by events where purchaser in possession and registered owner; inherent power (s.95 CPC) to protect movable assets pending suit.
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19 December 2024 |
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Extension of time granted to estate administrators to file Accounts due to Land Registry rectification.
Probate — Extension of time under rule 109(1) — Delay due to Land Registry rectification of property plot number — Administrators ordered to file Accounts within 30 days.
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19 December 2024 |
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Appellate court upheld negligence finding, confirmed proved specific damages, retained general damages and corrected interest to 7% per annum.
Tort — Negligence causing death; strict proof of special damages; assessment of general damages; powers of first appellate court to rehear and re-evaluate evidence; correct categories, period and rate of interest on judgment debts.
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18 December 2024 |
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Administrator awarded general damages against insurer for fatal negligent driving; specific damages not strictly proved.
Motor vehicle accidents – negligent driving causing death; vehicle identification and ownership; insurer liability under Motor Vehicle Insurance Act s.10(1); intimation to insurer via intermediary/broker; failure to strictly prove special damages; award of general damages.
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18 December 2024 |
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District Court lacked pecuniary jurisdiction because the substantive claim fell within the primary court’s monetary limit.
Civil procedure – Pecuniary jurisdiction – Substantive/specific (special) damages determine court’s pecuniary jurisdiction; general damages excluded; proceedings in wrong court are nullity. Jurisdiction is threshold question to be determined first.
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18 December 2024 |
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Court granted non-disclosure and in-camera committal proceedings to protect witnesses in a terrorism-related murder prosecution.
* Criminal procedure – witness protection – non-disclosure of identity and of statements/documents likely to identify witnesses – ordering proceedings in camera – Section 188(1) and (2) Criminal Procedure Act.
* Balancing fair trial rights against witness safety in terrorism-related murder prosecutions.
* Use of ex parte applications and reliance on domestic and international witness-protection instruments (Whistleblower and Witness Protection Act; Rome Statute).
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18 December 2024 |
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A defective charge sheet failing to name the appellant or properly identify the victim vitiates conviction and precludes retrial.
* Criminal procedure – particulars of offence – requirement to identify accused and victim under section 132(1) CPA; * Variance of names in charge and evidence – effect on fair trial; * Defective/incurably defective charge – consequences and whether retrial is appropriate; * Reliance on the “four W” principle and authorities (Fatehali Manji; Mayala Njigailele).
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17 December 2024 |
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Appellant failed to prove respondent used his image commercially without consent; appeal dismissed.
* Tort — Invasion of privacy — Use of image — Plaintiff must prove (1) use of protected attribute (image), (2) appropriation for commercial gain, and (3) lack of consent, on balance of probabilities.
* Evidence — Burden and standard in civil cases — claimant must link exhibit to defendant; contradictions and lack of provenance undermine proof.
* Documentary evidence — Reply to demand notice does not necessarily constitute admission absent unequivocal language.
* Civil procedure — Misdescription/misnomer of trial court is typographical and curable under section 96 CPC; assignment to a resident magistrate sitting in same venue is valid.
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17 December 2024 |
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Conviction quashed where prosecution failed to eliminate possibilities of mistaken identity in weak visual identification evidence.
Criminal law – visual identification – Waziri Amani principles – recognition versus identification – necessity to eliminate mistaken identity where lighting/duration uncertain – conviction quashed for unsafe identification.
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17 December 2024 |
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Extension granted because illegality in the impugned decision justified delay; counsel negligence alone insufficient.
* Civil procedure – Extension of time – s.25(1)(b) Magistrates’ Court Act – grant depends on showing good cause; factors include length and accounting of delay, diligence, and existence of arguable illegality.
* Illegality – appellate court’s reliance on absence of board resolution to set aside judgment where dispute is not internal held to be erroneous; illegality can justify extension.
* Professional negligence – inaction of previous counsel ordinarily not sufficient cause; litigant must follow up their case.
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17 December 2024 |
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Sickness of counsel may justify restoring a dismissed case only if supported by credible, specific proof and explanations.
Civil procedure – restoration of dismissed suit – Order IX – sufficiency of cause – sickness of counsel may suffice if convincingly proven; medical evidence must be specific and credible; failure to explain non-use of colleagues or to notify court undermines claim.
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16 December 2024 |
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Failure to frame and adjudicate a counterclaim is a fatal irregularity warranting quashing and remittal for fresh judgment.
* Civil Procedure – Counterclaim – Counterclaim set up in written statement of defence treated as a cross‑suit and must be expressly adjudicated.
* Civil Procedure – Framing of issues – Courts must frame issues reflecting counterclaim reliefs before deciding it.
* Civil Procedure – Judgment and Decree – Failure to decide counterclaim or cite its reliefs in decree is a fatal irregularity rendering decree invalid.
* Remedy – Quash and remit for fresh judgment by another magistrate; parties to amend issues.
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16 December 2024 |
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Agreements were loans, not a partnership; absence of duration does not invalidate contract — appeal dismissed with costs.
* Contract law – nature of agreement: loan versus partnership – requirements for partnership under Law of Contract Act (ss.190–191). * Evidence and pleadings – appellate scrutiny of trial court’s evaluation and framing of issues. * Validity of contract – absence of duration not fatal; essentials under s.10 LCA. * Performance excuses – sickness not a defence absent contractual provision. * Remedies – enforcement of contractual repayment, interest and costs.
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13 December 2024 |
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Recognition identification in daylight sustained an armed robbery conviction despite a minor discrepancy and absent arresting officer testimony.
* Criminal law – Armed robbery – proof beyond reasonable doubt – visual identification by recognition – reliability in daylight and immediate pointing out.
* Criminal procedure – Variance between charge sheet particulars and evidence – when discrepancy is minor and non-prejudicial.
* Evidence – Failure to call arresting officer – adverse inference only where missing witness is key and creates a gap in proof.
* Evidence law – No prescribed number of witnesses; prosecution must call sufficient witnesses to prove case beyond reasonable doubt.
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13 December 2024 |
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An arbitral settlement is enforceable only after registration and execution, not by a fresh suit filed by the applicant.
Arbitration law – settlement deed constitutes an arbitral award; enforcement – award must be registered and executed as court decree; jurisdiction – ordinary courts lack basis to entertain fresh suits seeking enforcement of unregistered arbitral awards.
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13 December 2024 |
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Conviction quashed: penetration and age proved but identity in doubt due to contradictions and another suspect.
* Criminal law – Sexual offences – Rape and unnatural offence – Elements: penetration, age, identity. * Credibility – Victim’s testimony requires truthfulness testing; victim evidence not gospel truth. * Corroboration – Medical evidence may prove penetration but cannot substitute for proof of identity. * Identification – References to another suspect and material contradictions create reasonable doubt. * Procedure – Failure to call material witnesses and reliance on hearsay/secondary evidence can vitiate conviction.
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13 December 2024 |
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13 December 2024 |
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Court struck out omnibus chamber summons combining extension of time and setting aside a dismissal as incompetent.
Criminal procedure – Chamber summons – Omnibus application – Whether extension of time and setting aside a dismissal order can be joined – Omnibus applications impermissible unless prayers are kindred; striking out for incompetence.
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13 December 2024 |
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Electronic submission date under Rule 21(1) governs filing date; appeal held filed within 90 days, preliminary objection dismissed.
Civil procedure — Limitation — Computation of 90 days for filing memorandum of appeal under Law of Limitation Act — Effect of electronic filing — Rule 21(1) JALA (Electronic Filing) Rules 2018 fixes filing date as date of online submission — E‑CMS records govern filing date where available.
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13 December 2024 |
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Conviction quashed where search was unlawful and prosecution evidence was inconsistent and insufficient.
Criminal procedure – Search and seizure – Requirement for search warrant/search order and statutory safeguards under section 38 CPA; Illegally obtained evidence inadmissible under section 169 CPA – Expungement of exhibits P6 and P7; Criminal burden of proof – sufficiency of evidence and credibility assessment where prosecution evidence is inconsistent; Identification parade and delays in reporting – impact on reliability of prosecution case.
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13 December 2024 |
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Summary judgment granted where employer failed to raise triable issues for unpaid statutory social security contributions and penalties.
Summary procedure – Order XXXV Rule 2(2) CPC – undeclared defence deemed admission; employer’s statutory duty to remit social security contributions; penalties; summary judgment; interest and costs.
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13 December 2024 |
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Court remitted record for additional evidence from lawyer to determine whether the applicant advanced the loan.
Civil procedure – loan agreement dispute – adequacy of evidence and credibility – necessity to receive additional evidence from lawyer who prepared and attested contract – remission of record to trial court for further evidence.
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13 December 2024 |
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Summary judgment granted against the defendant for unpaid water bills; no triable defence under Order XXXV.
Civil Procedure – Summary procedure (Order XXXV) – Failure to disclose triable issues — allegations in plaint deemed admitted (Order XXXV Rule 2(2)) – Summary judgment for unpaid utility bills – Contractual interest and post-judgment court interest – Costs awarded.
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13 December 2024 |
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Minority shareholders proved unfair prejudice under s233; court ordered participatory management, asset protection, and authorized civil claims.
Companies Act s233 – unfair prejudice – minority shareholders excluded from management – failure to hold AGMs and file annual returns – transfers to personal account and withholding company documents – reliefs: injunctions, declaratory relief, authorization to sue, compulsory directors' meeting – costs awarded.
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12 December 2024 |
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Adding a party absent from an extension order did not render the restoration application incompetent where parties matched the original proceedings.
Civil procedure – Restoration of dismissed suit – Competence of application where an additional party is joined after an extension order; Right to be heard – Alleged denial of hearing in earlier proceedings and appropriate remedy by appeal/revision; Authenticity of court records – parties in successive proceedings should ordinarily remain the same.
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12 December 2024 |
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12 December 2024 |
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12 December 2024 |
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Leave to defend in summary proceedings denied where the affidavit failed to disclose a triable issue or fair defence.
* Civil procedure – summary procedure – leave to appear and defend under Order XXXV Rule 3(1)(b) and (2) and s.95 CPC – requirement to show a triable issue and fair and reasonable defence by affidavit; * Evidence – affidavits as basis for leave applications; submissions/new facts raised from the bar do not cure deficiencies in the affidavit; * Merits – business hardship and employee theft may explain non-payment but do not necessarily constitute a triable defence to statutory contribution claims.
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11 December 2024 |
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Suit dismissed as res judicata because the same issue and parties were finally decided in an earlier case.
Res judicata – Section 9 CPC – five-condition test (Peniel Lotia) applied; same parties; same title; same matter directly and substantially in issue (residential licence No. KND024074); prior decision finally determined; dismissal with costs.
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11 December 2024 |
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Conviction for statutory rape of an eight-year-old upheld; victim credible and sentence substituted to life imprisonment.
* Criminal law – Rape (statutory) – Proof of age of child victim – evidence from relative, school status and voir dire sufficient.
* Evidence – Credibility of child witness – coherent testimony corroborated by medical and relative’s evidence.
* Evidence – Minor inconsistencies and lapses do not necessarily defeat prosecution where contradictions do not go to the root of the case.
* Evidentiary burden – Failure to tender minor exhibits or call peripheral witnesses not necessarily fatal.
* Sentencing – Life imprisonment mandatory for rape of child under ten (section 131(1) Penal Code).
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11 December 2024 |
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Court admitted pleaded email exhibit, corrected the principal debt and awarded 7% post-judgment interest.
Civil procedure – admissibility of documents – exhibit pleaded and partly annexed (Order VI r.9 CPC); Proof and calculation of decretal sum – adjustment for admitted payments; Interest – distinction between commercial (filing-to-judgment) and post-judgment interest; Court’s discretion to vary interest within statutory limits (7%–12%).
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11 December 2024 |
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Applicant granted leave to defend a summary suit after establishing a triable issue over the amount claimed.
Summary procedure – leave to appear and defend – Order XXXV Rule 3(1)(b) CPC; triable issue on quantum of contributions; conflicting affidavits and inspection conducted in presence of defendant’s representative; discretion to grant leave with or without conditions (part payment).
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11 December 2024 |
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Circumstantial and forensic evidence corroborating a confession established murder beyond reasonable doubt against the accused, a minor.
* Criminal law – Murder – Proof beyond reasonable doubt by circumstantial evidence corroborated by confession and forensic/postmortem evidence.
* Evidence – Admissibility and weight of caution statement and in‑court admission as corroboration for circumstantial case.
* Juvenile accused – participation of social welfare and requirement for full trial in capital offences.
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11 December 2024 |
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Prosecution proved murder beyond reasonable doubt against first and second accused; third acquitted for lack of corroboration.
* Criminal law – Murder – elements: death, responsibility, malice aforethought.
* Evidence – circumstantial evidence and confessions – caution statements, corroboration and weight.
* Identification – application of Waziri Amani criteria for visual identification.
* Forensic evidence – DNA match and recent possession (phone, blood-stained clothing) linking accused to victim.
* Admissibility – extrajudicial statements and compliance with Chief Justice’s instructions.
* Co-accused evidence – section 33(2) Evidence Act: risk of convicting on uncorroborated co-accused confessions.
* Sentence – mandatory death penalty for murder under national law.
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11 December 2024 |
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Conviction quashed where victim’s age was proved but penetration and surrounding facts were not proved beyond reasonable doubt.
Criminal law – Rape – proof beyond reasonable doubt – age of victim may be proved by victim or parent – penetration must be specifically proved; medical evidence inconclusive – credibility assessment and consideration of defence essential – inadequate investigation may vitiate conviction.
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10 December 2024 |
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Applicant granted leave to defend summary suit after raising triable statutory exemption to service levy.
Summary procedure – Order XXXV CPC – Leave to defend – Requirement to show triable issue; Statutory exemption – Local Government Finance Act Cap 290 s.22 – Service levy; Purpose of summary suit vs. substantive defence; Authorities: CRDB Bank Ltd v Lwambagaza; Roko Investment v TANESCO.
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10 December 2024 |
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Court stayed proceedings under its inherent power to prevent multiplicity of suits and abuse of process.
Civil procedure – inherent powers of the court under section 95 CPC – stay of proceedings to prevent multiplicity of suits and abuse of process; res judicata and sub judice objections considered.
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10 December 2024 |
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The respondent proved payment for rice; appellants’ wrong‑party and debt arguments were unsupported; appeal dismissed.
Contract law — breach of contract and performance of promises; Evidence — burden and standard of proof (balance of probabilities); Proof of payment — bank deposit slip and bank statement as corroboration; Civil procedure — joinder/necessary party and appellate review of concurrent findings.
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10 December 2024 |
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A second appeal cannot raise fresh factual grounds not decided on first appeal; appeal dismissed with costs.
Civil procedure – Appeals – Second appeal: court will not entertain new grounds of appeal not raised and determined by the first appellate court; late written submissions may be disregarded for failure to prosecute; executability of decree where auctioneer not named (raised but not determined due to procedural bar).
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10 December 2024 |
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Failure to allow the appellant to plead to a substituted charge vitiated the trial and mandated a retrial.
Criminal procedure – Substitution/amendment of charge – Mandatory requirement to call accused to plead to altered charge (s.234(1)(2)(a) CPA) – Failure to take plea to substituted charge vitiates trial and necessitates retrial; retrial principles (Fatehali Manji).
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10 December 2024 |
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Circumstantial evidence and a co-accused’s confession convicted the first accused of murder; second accused acquitted as uncharged accessory.
Criminal law — Murder — Circumstantial evidence; identification parade — admissibility and reliability; caution statement/confession by co-accused — admissibility and weight; accessory after the fact vs aider and abettor; conviction requires proper charge for accessory after the fact.
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10 December 2024 |