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Citation
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Judgment date
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| April 2026 |
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Failure to prove service by affidavit and omission to notify of ex parte judgment date vitiated the proceedings; matter remitted for retrial.
Civil procedure – Service of summons – Rule 19(3)(b) requires affidavit or sworn proof of service – Allegation of refusal insufficient – Notice of date of delivery of ex parte judgment mandatory – Failure to prove service and notify vitiates proceedings – Revisional powers; remit for retrial
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17 April 2026 |
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Omission of a necessary party from appellate proceedings renders the appeal incompetent and ousts appellate jurisdiction.
Civil procedure — Appeal — Joinder of parties — All parties to original proceedings must remain parties in subsequent appeals unless cogent reasons justify omission — Omission of necessary party renders appeal incurably defective and divests jurisdiction
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17 April 2026 |
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Court set aside inconsistent CMA award and found dismissal fair on balance of probabilities due to dishonesty and procedural fairness.
Labour law — unfair dismissal — revision of CMA award for internal inconsistency — standard of proof in employment disputes (balance of probabilities) — employer proved dishonesty and breach of trust by unauthorised machine movement, checkpoint breach and unexplained fuel loss — Labour Court may re-evaluate evidence under revisionary jurisdiction
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10 April 2026 |
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Statutory rape conviction overturned where age and penetration were proven but identity of the perpetrator was not satisfactorily established.
Criminal law – statutory rape (s.130(2)(e), s.131) – elements: age, penetration, identity – unsworn testimony nullity – visual identification safeguards – failure to prove identity warrants quash of conviction
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10 April 2026 |
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Failure to notify an absent party of the date of an ex parte judgment is a fatal irregularity requiring retrial.
Civil procedure – Order XX Rule 1 CPC – mandatory notice of date of judgment – applies to ex parte judgments; failure to notify is a fatal irregularity warranting quash and retrial; Land Disputes Courts to apply CPC where Regulations are inadequate
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10 April 2026 |
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An appeal from a primary court objection ruling is barred; the District Court lacked jurisdiction and its judgment was quashed.
Civil procedure – Objection proceedings in primary courts – Finality and non-appealability under Order XXI (rule 64) – District Court lacked jurisdiction to entertain appeal – Proceedings without jurisdiction null and void – Remedy: bring a fresh suit; High Court revisional powers (s.44(b))
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10 April 2026 |
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Extension of time granted due to arguable illegality despite applicant’s unexplained 47-day delay.
Civil procedure — Extension of time — Good cause and diligence — Excusable technical delay — Illegality apparent on face of record (proceedings against deceased without substitution; time-bar) — Lyamuya and Bushiri principles applied
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8 April 2026 |
| March 2026 |
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Applicant’s bereavement and court vacation did not establish sufficient cause; extension to file appeal dismissed with costs.
Limitation—extension of time—sufficient cause—bereavement—court vacation does not suspend limitation—filing via e-CMS—merits of intended appeal not substitute for satisfactory explanation—submissions are not evidence.
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27 March 2026 |
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27 March 2026 |
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Failure to produce the written loan agreement defeated excessive interest claim, but admitted principal was recoverable with moderated interest.
Evidence – burden of proof; proof of written contract – requirement to tender document or admissible secondary evidence; Microfinance/money-lending – legality and statutory limits on interest; public policy – unconscionable and excessive contractual terms; judicial moderation of interest to enforce admitted principal.
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27 March 2026 |
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Relief beyond what was pleaded in the CMA referral cannot be granted on revision; application dismissed.
Labour law – suspension and remuneration – entitlement to pay during suspension; Civil procedure – pleadings and reliefs – CMA Form No.1 binds claims; Revisional jurisdiction – limited to illegality, material irregularity or miscarriage of justice.
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27 March 2026 |
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An affidavit lacking the deponent’s signature and proper attestation renders the supporting application incompetent and liable to be struck out.
Procedure — Affidavit formalities — deponent’s signature and jurat essential — unsigned affidavit incurably defective — signature comparison admissible to determine authenticity — application incompetent and struck out; authorities: Dodoli Kapufi; Mshamu Said.
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25 March 2026 |
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DLHT proceedings nullified for lack of Ward Tribunal certificate and omission to join necessary landowner parties.
Land disputes — Jurisdiction — mandatory Ward Tribunal referral and certificate of failed reconciliation (s.13(4) Land Disputes Courts Act) — Joinder of necessary parties — nullity of proceedings.
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24 March 2026 |
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Second appeal dismissed; respondent proved contractual debt on the balance of probabilities and e‑filing rendered appeal timely.
Civil procedure – second appeal – appellate interference limited to misdirections or non-directions on evidence; Evidence – burden of proof and balance of probabilities; Contract law – sanctity of contract and enforceability of admitted agreement; Electronic filing – filing date deemed upon submission and payment within seven days.
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19 March 2026 |
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Prosecution’s failure to disclose witness statements before preliminary hearing violated fair trial rights; conviction quashed.
Criminal procedure – Disclosure – Rule 4, G.N. 597/2025 – mandatory filing and supply of witness statements and exhibits before preliminary hearing; Visual identification – caution where identification at night lacks details of light, proximity, duration, or distinctive features; Retrial – not ordered where prosecution’s non-disclosure causes failure of justice and would allow filling evidential gaps.
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19 March 2026 |
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Conviction of rape of a 12‑year‑old upheld: victim's credible testimony, corroborative medical and sibling evidence, absent witnesses immaterial.
Criminal law – Rape – proof of age of child; penetration and identity; admissibility and weight of medical opinion; materiality of absent witnesses; conviction on credible uncorroborated child/victim testimony under s.135(6) Evidence Act; intoxication defence.
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19 March 2026 |
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A contractual loan claim in a Primary Court is within jurisdiction; name disputes not raised at trial cannot succeed on appeal.
Civil procedure — Jurisdiction of Primary Courts over contractual claims; attachment does not make a claim a land dispute; procedural requirement to raise identity/name issues at trial; burden of proof on claimant in civil matters; competence of organisation's representative to testify; appellate restraint on concurrent findings of fact.
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18 March 2026 |
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An appeal challenging ex parte proceedings is incompetent unless the appellant first applies to set aside the ex parte judgment.
Civil procedure — Ex parte proceedings and judgment — Appealability of ex parte judgments; requirement to apply to set aside ex parte orders (Order IX r.9 CPC; Regulation 11(2) Land Disputes Courts Regulations) — Preliminary objection on competence of appeal sustained.
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18 March 2026 |
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Extension granted where technical delay and a two-day lapse were reasonable; applicant ordered to file revision within 14 days.
Limitation Act — extension of time for filing revision — technical delay as sufficient cause — promptness assessed — two-day delay not inordinate — proceedings returned by Deputy Registrar.
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16 March 2026 |
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Appellate court quashed decision where trial magistrate raised "dead law" suo motu, denying the applicant the right to be heard.
Administrative law – Right to be heard (audi alteram partem) – Court raising issues suo motu – Procedural fairness – "Dead law"/statutory renumbering – Supervisory jurisdiction to quash and remit for retrial.
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16 March 2026 |
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Affidavit evidence and village endorsement can suffice for the applicant to obtain exhumation and reburial despite lack of documentary proof.
Exhumation of remains – sufficiency of affidavit and community corroboration – proof after long lapse of time – avoidance of undue technicalities – authority to exhume and rebury under village supervision
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16 March 2026 |
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Applicant's extension of time denied for failing to account for delay and for lacking evidence of illness or valid filing.
Criminal procedure – extension of time to file notice and petition of appeal – requirement to account for each day of delay – illness must be proved by medical evidence – inability to rely on filings before court establishment – pleadings bind parties.
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13 March 2026 |
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Prisoner’s demonstrated filing difficulties and supporting affidavits justified extension of time to file notice and petition of appeal.
Criminal procedure – extension of time to file notice of intention to appeal – prisoner’s practical inability to file documents – affidavits from inmate and prison officer – section 361(2) CPA – precedents on delays beyond inmate control.
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13 March 2026 |
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Appeal allowed where respondent failed to prove alleged bank encumbrance, warranting quashing of lower courts' judgments.
Contract law — sale and rescission for alleged undisclosed encumbrance; burden and standard of proof in civil cases; appellate interference with unsupported concurrent findings.
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13 March 2026 |
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Delay and lack of corroboration did not defeat conviction based on credible child evidence and an admissible cautioned statement.
Criminal law — admissibility of cautioned statement — right to lawyer/relative/friend; sexual offences — uncorroborated child evidence under section 135(6) TEA; delay in reporting — child victims; medical evidence of genital injury; partial penetration sufficient; strict liability for sexual intercourse with minors.
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10 March 2026 |
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An equivocal guilty plea caused by material inconsistencies renders the conviction unsafe and warrants remittal for trial.
Criminal procedure – Plea of guilty – Equivocal or ambiguous plea – Consistency between accused’s admission and prosecution’s facts – s.381(1) CPA not absolute – Conviction unsafe if plea does not disclose all elements – Remedy: quash conviction and remit for trial as if not guilty.
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6 March 2026 |
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Failure to read an admitted s.34B statement rendered it valueless; remaining hearsay evidence could not sustain conviction.
Evidence law – admission of out-of-court statements under s.34B (now s.36(1)) – mandatory reading aloud of admitted statements; failure to read renders exhibit valueless and subject to expunction. Criminal law – hearsay evidence – second‑hand testimony cannot sustain conviction; conviction quashed where remaining evidence is hearsay
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6 March 2026 |
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Applicant failed to show sufficient cause for a 975-day delay; application for extension of time and leave to appeal dismissed.
Criminal Procedure Act (ss.382(2), 384) – extension of time – sufficient cause – applicant must account for entire delay – Lyamuya guidelines – waiting for judgment copies excluded but remaining delay must be explained – prison transfers and duties not automatically sufficient.
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6 March 2026 |
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Conviction quashed where retracted confession lacked corroboration and seizure certificate lacked testifying independent witnesses.
Criminal law — Search and seizure: certificate of seizure signed by independent witnesses is undermined if those witnesses do not testify; cautioned statement retracted — requires independent corroboration; co-accused statements that require corroboration cannot corroborate another; burden to call material witnesses; conviction unsafe where prosecution fails to prove case beyond reasonable doubt.
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6 March 2026 |
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Variance between pleaded dates and contradictory victim evidence led to acquittal for failure to prove offences beyond reasonable doubt.
Criminal law – sexual offences – variance between charge and evidence on dates – duty to prove pleaded dates or amend charge; identification and credibility of victim testimony; s.127(7) Evidence Act; hearsay and contradictory witness evidence undermining conviction.
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6 March 2026 |
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Acquittal where fingerprint chain of custody was deficient and identification/circumstantial evidence failed to prove murder beyond reasonable doubt.
Criminal law – Murder – proof beyond reasonable doubt; fingerprint evidence – chain of custody and weight; identification and circumstantial evidence – suspicion insufficient for conviction.
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3 March 2026 |
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Appellant entitled to refund for mistaken bank transfer; respondent's unpleaded, unproven debt claim rejected.
Civil procedure – Pleadings and reliance on evidence – Small claims Form D must disclose counterclaims/set‑offs; parties bound by pleadings
Evidence – Burden of proof: he who alleges must prove; purchase orders without invoices/delivery notes insufficient to establish indebtedness. Bank/ restitution law – Recovery of mistakenly transferred funds where recipient’s entitlement is unpleaded and unproven
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2 March 2026 |
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Nighttime visual identification without corroboration and unreliable witness statements rendered the murder prosecution unsustainable.
Criminal law – visual identification at night – reliability and caution; witness statement authenticity – risk of fabricated/attributed statements; failure to call material witness – adverse inference; burden of proof; alibi notice does not bar consideration of alibi.
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2 March 2026 |
| February 2026 |
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Extension of time granted where an apparent point of illegality (capacity and limitation) warranted appellate scrutiny.
Civil procedure — Extension of time to lodge appeal — Illegality on the face of the record as sufficient ground — Capacity to sue as administrators; limitation of actions.
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27 February 2026 |
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Ambiguous or absent oath administration invalidates witness evidence and vitiates the appellant's trial, warranting retrial.
Criminal procedure – mandatory administration and recording of oaths/affirmations to witnesses – unsworn evidence has no evidential value – ambiguous record entries ("s/s and states") do not cure non-compliance – procedural defect vitiates trial – retrial ordered.
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27 February 2026 |
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Possession of a victim's phone and uncorroborated statements did not prove the accused's guilt beyond reasonable doubt.
Criminal law – murder; proof beyond reasonable doubt; possession of victim's property; voluntariness of confession; inadmissible hearsay; circumstantial evidence must exclude reasonable hypotheses of innocence.
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27 February 2026 |
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Whether prison transfer and alleged loss of documents constitute sufficient cause to extend time to appeal.
Civil procedure – Extension of time – Sufficient cause – Applicant must account for entire period of delay; delay must not be inordinate; show diligence – Transfer between prisons and incarceration do not automatically constitute sufficient cause – Uncorroborated hearsay (paralegal) has no evidential value.
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27 February 2026 |
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High Court retains concurrent jurisdiction to extend time to appeal to the Court of Appeal; preliminary objection dismissed.
Appellate jurisdiction – extension of time – High Court’s jurisdiction under s.14 Appellate Jurisdiction Act – Court of Appeal Rules 45A and 47 – concurrent jurisdiction – Rule 10 and alleged ouster of High Court jurisdiction – res judicata and functus officio.
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25 February 2026 |
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Applicant failed to show sufficient cause to extend time to seek leave for judicial review; substantial delay remained unexplained.
Limitation of actions – Extension of time under s.14 Law of Limitation Act – requirement to account for entire period of delay – sufficiency of cause – illness as potential ground – Lyamuya and Bushiri principles – judicial review leave must be sought within six months – 90‑day notice does not suspend limitation.
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20 February 2026 |
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Employer failed to prove substantive and procedural fairness; reinstatement substituted with twenty months’ compensation.
Employment law – unfair termination – substantive fairness (burden of proof on employer) – procedural fairness (investigation, right to be heard, representation) – evidentiary standard for breach of trust – reinstatement versus compensation – substitution of remedy (20 months’ pay).
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13 February 2026 |
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Whether a condonation ruling is final and whether the employer proved substantive grounds for dismissal.
Labour law – condonation and extension of time – finality of ruling; Employment law – substantive and procedural fairness under s.38(2) and s.40; Evidence – disputed documentary exhibit and need for verification; Conflict of interest – disclosure and administrative delays.
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13 February 2026 |
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Sale by an unauthorized estate member conveyed no title; respondent proved ownership on balance of probabilities; appeal dismissed.
Land law – proof of ownership – burden of proof on balance of probabilities – oral evidence may suffice when credible and corroborated – nemo dat quod non habet – dealings in deceased estates require administrator’s authority – appellate re-evaluation of evidence on first appeal.
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13 February 2026 |
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An appellate court’s suo motu issue without hearing parties violated the right to be heard and nullified its decision.
Matrimonial property — Appeal — Appellate court raising issue suo motu — Right to be heard (Article 13(6)(a)) — Audi alteram partem — Failure to place issue on record vitiates proceedings — Rehearing de novo.
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10 February 2026 |
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Ignorance of law and uncorroborated prison officer delay did not justify extension of time to file an appeal.
Criminal procedure – extension of time – section 282(2) CPA – sufficient cause – delay must be fully explained – ignorance of law not good cause – allegations against prison officers require corroborative affidavit – Lyamuya and Bushiri principles applied.
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6 February 2026 |
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Applicant failed to show good cause for extension; delay inordinate and alleged illegality not apparent on record.
Labour law — extension of time (Rule 56) — applicant must account for every day of delay — inordinate delay (163 days) — illegality must be apparent on face of record to justify extension — absence of prejudice not sole ground to extend time.
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6 February 2026 |
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Application for extension of time dismissed for inordinate delay, failure to account days, and unproven illegality.
Labour law — Extension of time — Rule 56 Labour Court Rules — Applicant must account for each day of delay; technical delay requires bona fide, diligent prior proceedings; illegality must be apparent on the face of the record to justify extension; absence of prejudice alone insufficient.
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6 February 2026 |
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An appeal from a struck-out land application is incompetent and was struck out; no costs ordered.
Land law – Appealability – Struck out orders are not appealable; struck out (kuondolewa) ≠ dismissed – remedy is to refile a competent application; natural justice (audi alteram partem) when raising issues suo motu; costs discretion where court raises issue.
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6 February 2026 |
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An appeal does not lie against a struck-out order; the proper remedy is to file a fresh, competent application.
Civil procedure – Appealability – Striking out an application is not a final determination and is not appealable; aggrieved party must file a fresh competent application; court may raise suo motu competency issues but should afford parties opportunity to be heard.
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6 February 2026 |
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Failure to frame issues in a primary court matrimonial trial vitiates proceedings and warrants a retrial to determine property distribution.
Matrimonial property — Distribution under section 114 Law of Marriage Act — Mandatory framing of issues at first hearing (Rule 44, Primary Courts Civil Procedure Rules GN
No.55/1963) — Failure to frame issues as procedural irregularity vitiating trial — Retrial ordered
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4 February 2026 |
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Applicant failed to prove supply date or account for delay; extension of time to appeal was dismissed.
Criminal procedure – extension of time to appeal – applicant must prove date of supply of judgment and account for each day of delay – affidavits from third parties relied upon must be produced – failure to show good cause warrants dismissal.
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3 February 2026 |