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127 judgments found.
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December 2024
A stay of execution granted pending ownership dispute where applicant shows prima facie title and risk of irreparable harm.
Execution law — Stay of execution under Order XXI r.57 — Ownership dispute over attached property — Prima facie title and absence of encumbrance — Risk of irreparable harm — Balance of convenience favors stay.
18 December 2024
Allegation of coercion failed; appellate court properly enforced a freely signed written loan agreement and dismissed the appeal.
Appellate practice — Appellate review — re-evaluation of Primary Court evidence and application of Magistrates' Courts
Contract law
— free consent and coercion — burden on party alleging coercion to prove threats or duress
— sanctity of contract — courts should not alter terms of freely concluded agreements absent vitiating factors
17 December 2024
Land recovery claims accrue at the owner’s death; a 12‑year limitation bars late claims despite caretakers or later administrators.
Limitation law — Limitation of actions
— cause of action to recover land accrues on owner’s death
— possession by caretaker does not extend or restart limitation
— subsequent grant of letters of administration does not revive time‑barred claims
— time‑bar as jurisdictional bar
17 December 2024
Applicant failed to show sufficient cause for extension due to lack of proof, unaccounted delay and advocate inaction.
Limitation law — Limitation of actions — Extension of time — sufficient cause factors (length, reason, arguability, prejudice) — duty to account for each day of delay
16 December 2024
Unreliable identification and defective cautioned/confessional statements led to acquittal of the accused.
Criminal law — murder elements (death, causation, malice) — visual identification reliability — compliance with s.57(3)/(4) CPA for cautioned statements — right to be brought to court as soon as practicable
13 December 2024
A former lessee lacks locus standi to obtain an injunction restraining the owner after lease expiry.
Administrative law — Locus standi — lease expiry
— a former lessee/trespasser lacks standing to seek injunction against true owner
— interim injunction not available to expired-lessee
— jurisdictional nature of locus standi
12 December 2024
Failure to tender the Marriage Conciliation Board certificate in evidence deprived the trial Court of jurisdiction, nullifying subsequent judgments.
Family law — Law of marriage act
— annexures not evidence
— non-compliance renders proceedings a nullity
— requirement of Marriage Conciliation Board certificate in divorce petitions
11 December 2024
Acquittal upheld: prosecution failed to prove teacher’s sexual offences due to delay and material contradictions.
Criminal law — sexual offences
— Burden of proof beyond reasonable doubt
— DNA/chain of custody issue unnecessary where prosecution case fails on credibility
— Material contradictions among prosecution witnesses vitiate the case
— Unexplained delay in reporting sexual offences may undermine prosecution
11 December 2024
The applicant's conviction for soliciting a bribe affirmed; prosecution proved corruption beyond reasonable doubt.
Criminal law — Corruption
— Soliciting/obtaining bribe
— standard of proof beyond reasonable doubt
Criminal law — delay in reporting
— appellate duty to re-evaluate defence evidence when trial court fails to do so
— distinguishing minor inconsistencies from material contradictions
— effect on credibility
6 December 2024
A party cannot seek an extension of time in the same court after an appeal has been dismissed as time-barred; appeal or revision is required.
Civil procedure
— extension of time — whether court may grant extension after same court dismissed appeal as time-barred — issue conclusively determined and not reopenable in same court
— Procedural finality — proper remedy after dismissal for want of time is appeal or revision, not a subsequent application for extension in the same court
6 December 2024
Murder charge dismissed where prosecution’s case was circumstantial, key witness inconsistent, and no corroborative link to accused.
Criminal law — Credibility
— Burden of proof rests on prosecution
— Corroboration required where key evidence is doubtful
— material inconsistencies and failure to name suspect undermine testimony
Criminal law — Murder — elements: death, unlawful act, causation and malice aforethought
Criminal law — Post-mortem evidence — hypoxia secondary to drowning
6 December 2024
A nearly ten-year delay and gross inactivity negate relief despite alleged illegality; extension of time refused.
Land law
— alleged illegality as sufficient ground where apparent on the record
— extension of time to appeal under section 38(1) LDCA
— good cause requirements (account for delay, absence of inordinate delay, diligence)
— inordinate delay and gross negligence defeat extension
3 December 2024
Application for extension of time dismissed for failing to account for delay, prove illness, or demonstrate prima facie illegality.
Civil procedure — extension of time — imprisonment and illness as grounds — technical delay versus substantive dismissal
3 December 2024
November 2024
Applicant failed to prove sickness or account for delay; extension of time to appeal dismissed.
Criminal procedure — Extension of time to file appeal — Application dismissed for failure to show good cause (Lyamuya guidelines)
28 November 2024
A bona fide technical filing error in the eCMS can justify an extension of time to file a revision if promptly remedied.
Labour law — Labour procedure — Extension of time — technical delay from filing in wrong eCMS window may constitute sufficient cause. Distinction between technical (incompetent filing) and actual delay. Negligence ordinarily insufficient, but bona fide procedural mistakes promptly remedied can justify exte
28 November 2024
Ignorance of the law does not constitute good cause to extend time to file an appeal; application dismissed.
Criminal procedure — Extension of time to appeal
28 November 2024
Failure to challenge unobjected prosecution evidence led to upheld unlawful possession conviction and 20‑year minimum sentence.
Criminal law
— Evidence — Tendering and admission of exhibits (firearm and bullets) where accused did not object — Unchallenged evidence treated as admitted
— Firearms offences — Possession offences — Proof by seizure, chain of custody and cautioned statement
— sentencing — Statutory sentencing — Mandatory minimum sentence
22 November 2024
Failure to account for delay and ignorance of appeal rights do not justify extension of time to appeal.
Criminal procedure — Extension of time
— Ignorance of law or appeal rights not sufficient
— unexplained delay fatal to application
21 November 2024
Extension of time to appeal dismissed for failure to show good cause or account for the delay.
Criminal procedure — Extension of time to appeal — good cause for extension — Criminal Procedure Act s.361 (proviso)
21 November 2024
Applicant's ignorance of appeal rights and delayed judgment copies did not justify extending time to appeal.
Criminal procedure — Extension of time to file notice of appeal
— Discretion to grant extension — s.361(2) Criminal Procedure Act
— Ignorance of law/right to appeal — Ignorance is not sufficient cause for extension of time
— Promptness and length of delay relevant — Applicant must account for each day of delay
21 November 2024
An unambiguous plea with admitted facts proved the offences; appeal against conviction on plea dismissed.
Criminal law — Plea of guilty
— appeal against conviction on plea of guilty barred by section 360(1) CPA except in limited circumstances (equivocal plea, mistake, no offence disclosed)
— Clarity and admissibility of plea
— facts read
20 November 2024
A dispute founded on a mining licence falls under the Mining Commissioner’s jurisdiction, not the DLHT.
Civil procedure — Suo motu jurisdictional objection — Right to be heard (audi alteram partem) — Pleadings and annexed documents determine emergence of jurisdictional issues
Land law — Jurisdiction of District Land and Housing Tribunal — District Land and Housing Tribunal’s exclusive jurisdiction under the Land Act and Land Disputes Courts Act — Mining Act s102
15 November 2024
Extension of time denied where alleged illegality in the eviction order was unsubstantiated and properly considered.
Civil procedure — discretionary relief
— Appealability of execution orders
— judicial exercise of discretion in refusing extension of time
Civil procedure — Execution and eviction — enforcement after attachment and auction
Civil procedure — extension of time — Illegality on the face of the record
Civil procedure — Right to be heard — when invocation of Rule 58 of Magistrates’ Courts
11 November 2024
Appellants’ late ownership challenge fails where documentary proof is inadequate and distribution was attended.
Civil procedure — Probate & administration — challenge to estate distribution and timeliness of objection
Civil procedure — proof of land ownership in inheritance disputes
— appellate restraint on disturbing concurrent findings of fact
— insufficiency of letters/sale agreements absent sellers' testimony or joinder
— non-joinder/failure to call sellers weakens title claim
— village leaders/WEO may assist in identifying land boundaries without usurping administrator’s role
8 November 2024
Court quashes police dismissal for failure to conduct/produce mandatory preliminary inquiry and defective unsigned charge, granting certiorari and mandamus.
Administrative law — Judicial review of disciplinary decision — Jurisdiction to review procedural legality despite final disciplinary authority being the IGP
Civil procedure — Remedies
— certiorari and mandamus granted
— decision quashed
Natural justice — audi alteram partem
7 November 2024
Prosecution of an incompetent appeal made in good faith is sufficient cause to grant an extension of time to appeal.
Criminal procedure — Extension of time to appeal — prosecution of incompetent appeal in good faith as sufficient cause — technical delay — promptness of filing (21 days) by unrepresented incarcerated applicants
5 November 2024
Proceedings against a person without letters of administration are void; only appointed estate administrators may sue or be sued.
Probate law — Probate/representation — letters of administration — Probate and Administration of Estates Act s71
Land law — proceedings instituted by person lacking locus standi are nullities — High Court revisional power to nullify tribunal proceedings — Land Disputes Courts Act s43(1)(b)
1 November 2024
October 2024
Certiorari granted where defective charges and lack of hearing violated a public servant’s right to fair trial.
Public service disciplinary procedure — defective charge and inadequate particulars — right to be heard/natural justice — additional charges must be served — certiorari to quash unlawful disciplinary decision.
31 October 2024
Remedy for Primary Court dismissal for non‑appearance is set‑aside application or fresh suit, not an appeal.
Civil procedure — Primary Courts — dismissal for non-appearance — restoration or setting aside dismissal
28 October 2024
Conviction quashed where identity was unproven and inculpatory statements were not properly read after admission.
Criminal law — Medical corroboration — Proof of penetration and medical corroboration
Criminal procedure
— Cautioned statement — Improper admission leads to expungement
— identification parade — prior description to police essential for crediting parade evidence
28 October 2024
An execution order based on an annulled judgment is void where a necessary interested party was not joined.
Land law — Land execution — Validity of execution where underlying judgment was quashed — Functus officio
Civil procedure
— Joinder of necessary parties — Non‑joinder as material irregularity and resultant nullity
— Revision — Non‑party affected by a decision may apply for revision where no right of appeal exists
22 October 2024
1st appellant convicted on recent possession; 2nd appellant acquitted for insufficient incriminating evidence.
Criminal law — Burglary and stealing — proof by recent possession and identification of recovered property — recent possession as evidence of guilt
Evidence
— Cautioned statement — Admissions in recorded statements and their evidential effect on alleged timing discrepancies
— Proof of ownership — Distinctive marks and serial numbers can suffice in absence of purchase receipt
17 October 2024
Variance between charge particulars and prosecution evidence on dates was fatal, leading to quashal of conviction and release of the appellant.
Criminal law — Rape of child — Variance between charge particulars and prosecution evidence as to dates — Duty to amend charge under s.234(1) CPA
— Child witness credibility and scrutiny
— medical evidence on timing of injury
15 October 2024
Court stayed contractual breach suit for unpaid retention money to enforce mandatory adjudication and arbitration.
Arbitration — Contractual dispute-resolution clauses — Mandatory adjudication then arbitration — Enforcement of arbitration agreements — Where party fails to comply, court stay of proceedings appropriate
11 October 2024
Failure to establish chain of custody and authenticate GPS/sketch evidence rendered convictions unsafe, warranting acquittal.
Criminal law — Chain of custody — seizure certificate and independent witness requirement
Criminal law — Electronic evidence — authentication of GPS data and sketch maps
Criminal law — proof of location
— burden to prove accused was within statutory park boundaries
— Insufficiency of sole witness evidence where exhibits and exhibit trail are defective
10 October 2024
Conviction quashed where the charge named a different victim than the witness and the prosecution failed to amend or prove identity.
Criminal law — variance between charge and evidence as to victim’s name
— burden of proof remains on prosecution
— duty of prosecution to prove identity and to amend charge where necessary
10 October 2024
Appellant failed to prove oral land sale; tribunal’s evaluation and reasons for differing from assessors were upheld.
Land law
— Locus in quo — visit not mandatory, only in exceptional circumstances
— proof of oral contract for sale of land
— Village/hamlet settlement — inadmissible to displace title where it lacks land description and proper forum
8 October 2024
September 2024
Conviction for impregnating a schoolgirl upheld without DNA where victim's evidence credible; sentence reduced from 30 to 7 years.
Criminal law — corroboration by medical and school records
— appellate reduction of excessive sentence
— sentencing law
Criminal law — Offence of impregnating a schoolgirl
— DNA evidence not mandatory
— victim’s testimony as best evidence in sexual offences
24 September 2024
Whether the applicant’s alleged illness constituted sufficient cause to set aside a dismissal for non-appearance.
Civil procedure — Order XXXIX
— credibility of affidavit versus annexure
— duty to notify court or send representative
— negligence and lack of diligence as grounds for refusing restoration
— Re-admission of appeal after dismissal for non-appearance
— sufficiency of cause
23 September 2024
District Court improperly released attached vehicle before determining a preliminary objection and revision application; order quashed.
Criminal law
— Execution and attachment — court’s power to release attached property
— Magistrates courts act — revision procedure
— Procedural impropriety — quashing of premature release order
20 September 2024
Failure to evaluate defence evidence vitiated conviction; appeal allowed, conviction quashed, sentence set aside.
Criminal procedure — fair trial
18 September 2024
Tribunal and High Court lacked territorial jurisdiction over a Sengerema land dispute after establishment of Sengerema DLHT.
Land law — District Land and Housing Tribunal — Jurisdiction — Territorial jurisdiction following establishment by Government Notice No. 545 of 2016 (effect on disputes in Sengerema)
Civil procedure — Nullity of proceedings — Consequences of procedural irregularity in Tribunal adjudication — Land Disputes Courts Act s.43(1)(b)
18 September 2024
Failure to record reasons for magistrate reassignment under s.214 CPA renders successor's proceedings void, requiring retrial.
Criminal procedure — Change of presiding magistrate — Section 214(1) CPA — Requirement to record reasons for reassignment — Failure renders successor's proceedings void
Criminal law — Sexual offences against a child — Statutory rape — Proof of age and penetration
18 September 2024
Hospitalization alone does not constitute legal disability under s15; suit was time-barred and dismissed for lack of ministerial extension.
Limitation law — legal disability
— ministerial consent
— requires legal incapacity (minority, insanity, idiocy) not mere medical treatment
Limitation law — torts three-year limitation
18 September 2024
An MOU to revise a lease was a non-binding letter of intent; the original lease governed and arrears claim failed.
Land law — lease and rent — validity and construction of lease (13 June 2012) and loan offset
Land law — Memorandum of Understanding
— identification of leased land (post-survey title)
— letter of intent versus enforceable contract
— proof on balance of probabilities
17 September 2024
Unchallenged written loan agreement cannot be contradicted by uncorroborated oral payment claims.
Appellate practice — Fresh evidence — Leave to adduce (requirement of leave before tendering new exhibits on appeal)
Evidence
— Parol rule and collateral oral agreements — Oral evidence cannot contradict or vary clear written terms — Magistrate Courts (Rules of Evidence in Primary Courts) Regulations, reg.14(1)
— Admission of exhibits — Admission by silence/failure to object — Unchallenged exhibit is effectively proved
12 September 2024
Delay in obtaining records and an alleged equivocal plea did not justify an extension of time for appeal.
Limitation law — extension of time — sufficient cause — Section 14(1) Law of Limitation Act
Criminal procedure — Illegality apparent on face of record may justify extension — Whether an alleged equivocal plea or coercion is an illegality apparent on the face of the record
11 September 2024
Loss of love, desertion and failed conciliation can establish irretrievable breakdown justifying divorce.
Family law
— Family procedure — Conciliation board certificate — evidential weight in divorce proceedings
— Law of marriage act — courts cannot compel cohabitation — interpretation of s.107 grounds for divorce
— Matrimonial law — Divorce — irretrievable/irreparable breakdown — loss of love, desertion and failed conciliation as grounds
10 September 2024
Failure to describe immovable property in the plaint is fatal; suit struck out with costs.
Civil procedure — preliminary objection
10 September 2024
A subordinate court lacks jurisdiction to try economic offences without DPP consent and certificate, rendering proceedings null.
Criminal law — Jurisdiction and DPP’s consent — Defective DPP consent and certificate vitiating trial court's jurisdiction — EOCCA ss 3, 12(3), 26
Evidence — admissibility of statements — Objections to cautioned and extrajudicial statements require inquiry into voluntariness — Evidence Act s 27
9 September 2024