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Citation
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Judgment date
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| December 2020 |
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Whether electronic submission and fee payment affect timeliness of an election petition and whether the Deputy Registrar could reject it.
Election law – Time limitation for filing election petitions; Electronic filing – effect of midnight submission versus payment of court fees; Filing includes payment – John Chuwa precedent; Deputy Registrar’s powers – limits under rule 9(1) and ultra vires rejection; Burden to produce registry affidavit when alleging registry officer conduct.
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14 December 2020 |
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Applicant’s affidavit and laboratory test form sufficed to show sickness as good cause to set aside an ex parte judgment.
Civil procedure – setting aside ex parte judgment – sickness of counsel as good cause – sufficiency of laboratory investigation form as proof; Evidence – allegation of forgery – higher standard of proof required; Judicial discretion – misdirection by demanding irrelevant additional documents.
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14 December 2020 |
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Applicant failed to account for each day of delay; extension of time to file appeal refused.
Extension of time – requirement to account for each day of delay – credibility of explanations and supporting evidence – failure to produce affidavit or correct documentary irregularity – delay not reasonably explained.
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14 December 2020 |
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Procedural missteps and ongoing litigation can amount to good cause for extension of time to appeal.
Extension of time – discretionary relief – applicant must account for delay – technical/procedural missteps while actively litigating can constitute good cause – allegations of counsel’s negligence insufficient to defeat extension where delay justified.
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14 December 2020 |
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Two accused convicted of murder on reliable visual identification, corroboration and common intention; each sentenced to death.
* Criminal law – Murder – elements: death, unlawful act, causation, malice aforethought. * Identification evidence – visual identification by familiar witnesses under favourable conditions. * Corroboration – dying declarations and post-mortem report. * Criminal liability – common intention (section 22(1)(b) Penal Code). * Sentence – mandatory death penalty for murder under section 197 Penal Code.
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14 December 2020 |
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Conviction cannot rest on suspicion or uncorroborated, defective police confessions; accused acquitted and released.
Criminal law — Murder: death and malice established but identity not proved; suspicion insufficient to convict; cautioned statements to police presumed involuntary unless proved voluntary; defective certification and lack of corroboration render police confessions unreliable.
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14 December 2020 |
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Unreliable eyewitness identification and a credible alibi produced reasonable doubt, resulting in acquittal of murder charges.
Criminal law – visual identification – reliability of eyewitnesses who claim familiarity; alibi – burden on prosecution to disprove; reasonable doubt and acquittal.
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11 December 2020 |
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Appeal allowed: confession and victim’s evidence expunged, medical proof of penetration not linked to appellant, reasonable doubt remains.
Criminal law – Rape – Admissibility of confession – Delay in recording caution statement contrary to s.50(1)(a) CPA; Competence of witness – Minor of unsound mind – s.127 Evidence Act; Medical evidence (PF3) – Penetration proven but source of sperm not established; Identification parade – not required where arrest at scene; Judicial questioning – questions based on expunged confession lack probative value.
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10 December 2020 |
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Appellant's conviction for stealing by agent upheld on credible eyewitness evidence and an admissible caution statement.
Criminal law – Stealing by agent (s.273(b) Penal Code) – sufficiency of eyewitness oral evidence; admissibility and reliance on caution statement tendered without objection; failure to produce physical exhibit not fatal where direct evidence proves the fact; appellate review of credibility findings.
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10 December 2020 |
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Court grants bail under EOCCA s.29(3)(d) with cash/property deposit, bond with surety, and travel restrictions.
* Criminal procedure – Bail under EOCCA s.29(3)(d) – Grant of bail where application unopposed – Imposition of monetary deposits, bonds and sureties – Travel restriction pending trial – Execution/approval at trial court (RM's Court).
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8 December 2020 |
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Failure to read assessors' opinions in appellate proceedings did not vitiate the appeal; trial tribunal's ownership finding upheld.
* Land law – ownership disputes – inheritance and long uninterrupted occupation as evidence of ownership.
* Civil procedure – assessors’ opinions – failure to read assessors’ opinions at appellate tribunal; distinction between original and appellate jurisdiction; saved by statutory provision.
* Evidence – assessment of witness credibility – trial tribunal’s findings binding absent misdirection.
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8 December 2020 |
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Acquittal where death proved but prosecution failed to connect the accused beyond reasonable doubt; confessions and exhibits unreliable.
* Criminal law – Murder – death and cause proved but identity of assailants not established beyond reasonable doubt. * Evidence – admissibility and reliability of confessions – prolonged custody, alleged coercion and failure to comply with legal requirements. * Evidence – failure to call material witnesses and undisclosed informer – adverse inference. * Forensic/physical exhibits – necessity to connect exhibits to accused by evidence or scientific proof. * Principle – suspicion however grave cannot substitute proof beyond reasonable doubt.
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8 December 2020 |
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Revision application held incompetent where right of appeal existed; preliminary objection upheld.
* Civil procedure – revision – competence – where an appeal remedy exists, revision is not competent and cannot substitute an appeal. * Preliminary objection – pure point of law – objection to competence can be determined without evidence. * Revisional jurisdiction – limited to cases without appeal, non-parties, or apparent illegality on face of record.
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7 December 2020 |
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Appellate court set aside redistribution based on custom and ordered administrator to account for unsold trees and close the estate.
* Probate – administration and accounts – effect of court directions on mode of distribution – Primary Court’s express order to equally distribute supersedes customary division. * Probate – functus officio/res judicata – filing of final accounts closes administration as to distributed property; further complaints limited to unaccounted items. * Evidence – witness summoned suo motu – reason for summoning must appear; absent reason, evidence may be expunged. * Appeals – concurrent findings may be disturbed where based on misapprehension of evidence or misapplication of law.
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7 December 2020 |
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Referral to executive authorities does not excuse delay in lodging disputes at the CMA; each day of delay must be accounted for.
* Labour law – limitation – referral to CMA within 30 days – condonation for late referral. * Whether referral of employment disputes to executive authorities (District Commissioner, Police) constitutes good cause. * Requirement to account for each day of delay; ignorance of law not a defence though institutional assumption of jurisdiction may attract sympathy.
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3 December 2020 |
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An ex parte tribunal decision must first be challenged by an application to set it aside, not by seeking an extension to appeal.
Land procedure – Ex parte judgment under Rule 11(1)(c) – Remedy to set aside ex parte decision within 30 days under Rule 11(2) – Misconceived application for extension of time to appeal – Strike out with costs.
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2 December 2020 |
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Late supply of appeal documents amounts to good cause to grant an extension of time; application granted, no costs.
* Civil procedure – Extension of time – Whether late supply of appeal documents constitutes sufficient cause to extend time to appeal – Unopposed application supportive of grant of extension.
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2 December 2020 |
| November 2020 |
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Applicants failed to account for a nine-year delay; extension of time to file revision was dismissed with costs against the two applicants.
Labour law – extension of time to file revision – requirement to account for each day of delay; due diligence and duty to follow up; unverified representations by third parties insufficient; alleged illegality not a self-executing ground for extension without causal explanation; costs against respondents who prosecuted the inaction.
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26 November 2020 |
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The respondent could sue despite not being estate administrator because the father had divided and granted the land before death.
Land law – succession and locus standi – where deceased gifted/divided land before death the recipient acquires ownership and locus to sue; evidence – admissibility and credibility of witnesses including in‑laws; appellate review – deference to concurrent factual findings of lower tribunals absent misapprehension of evidence or law.
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26 November 2020 |
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Extension of time to appeal granted due to delay in supply of judgment; appeal to be filed within 45 days.
Criminal procedure — Extension of time to appeal — Delay in supply of judgment and proceedings as sufficient cause — Respondent's concession — Filing timeframe imposed (45 days).
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26 November 2020 |
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Delay in supply of the impugned judgment justified an extension of time to file the appeal; appeal due within 45 days.
* Civil procedure – extension of time to appeal – delay caused by untimely supply of impugned judgment – bona fide explanation for delay – extension granted; no order as to costs; filing period fixed (45 days).
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26 November 2020 |
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Conviction quashed where child’s evidence was improperly received, prosecution witnesses contradicted each other and medical evidence was unreliable.
Evidence — Child witness: failure to test for understanding of oath under s.198(1) Criminal Procedure Act before relying on s.127(2) Evidence Act renders evidence valueless; Witness credibility — material contradictions among prosecution witnesses undermine prosecution case; Documentary evidence — PF3 must be read to accused after admission; Medical evidence — internal inconsistencies weaken corroboration; Appellate relief — conviction unsafe and quashed where reasonable doubt exists.
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26 November 2020 |
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Application for extension of time dismissed for want of prosecution due to failure to effect proper service on the respondent.
Civil procedure – service of process – physical service must be effected by court brokers/process servers (G.N. 363 of 2017) – endorsement by local mtaa chair insufficient for difficult or ineffective service – extension of time – dismissal for want of prosecution.
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26 November 2020 |
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Court grants extension of time to appeal due to applicant's illness and unavailability of prison legal aid officer.
Criminal procedure – extension of time to file an appeal – sufficiency of cause where applicant (a prisoner) fell ill and prison legal aid officer was on leave – unopposed application granted.
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26 November 2020 |
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Applicants charged with economic offences were granted bail with specified surety, bond and reporting conditions.
Bail – High Court jurisdiction under EOCCA s.29(4)(d) where value exceeds TSh10,000,000 – entitlement to bail pending trial – bail conditions under EOCCA s.36(5)(a)–(d) – surety, bond and cash/title deed deposit – surrender of travel documents – no foreign travel without court consent – monthly reporting.
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25 November 2020 |
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High Court upholds adverse possession and confirms a relative may validly defend Ward Tribunal proceedings without letters of administration.
* Land law – capacity to sue/defend at Ward Tribunal – section 18(2) Cap. 216 – relative/household member may appear for family. * Procedure – limits of High Court jurisdiction to correct Ward Tribunal errors; appeals against Ward Tribunal go to District Land and Housing Tribunal (s.19). * Evidence – burden to prove title; hearsay insufficient, necessity to produce vendor. * Adverse possession – long uninterrupted possession by deceased’s family can extinguish rival claims.
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25 November 2020 |
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Leave denied where challenges to administrators' letters and contract validity were not raised or decided below.
Civil procedure – application for leave to appeal – leave refused where grounds raise issues not previously raised or decided in lower courts; challenge to letters of administration must be pursued in the appointing court; appellate courts will not entertain new matters on leave.
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25 November 2020 |
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Appeal dismissed: no proof of fraudulent/late filing or malicious prosecution; photocopy judgments admissible but no prejudice.
Civil procedure – filing and admissibility of Written Statement of Defence – filing date determined by court fee payment (ERV) and service date; allegation of fraud requires strong proof. Evidence – admissibility of photocopied judgments as secondary evidence under section 67(1)(a)(i) where same parties. Tort – malicious prosecution requires termination in favour on merits; technical nullification does not establish malice or absence of reasonable and probable cause.
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25 November 2020 |
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Court granted 14-day extension to appeal due to late supply of judgment, though attaching judgment to petition is not mandatory.
* Civil procedure – Extension of time – Whether delay in obtaining a copy of judgment from the tribunal amounts to good cause for extension of time to appeal.
* Appeals – Petition of appeal – No mandatory requirement to attach a copy of the impugned judgment to the petition.
* Appeals – Drafting grounds – Need for judgment and proceedings to formulate sound grounds of appeal.
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24 November 2020 |
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Leave to appeal granted to clarify whether admitted but unread documentary exhibits must be read in civil and tribunal proceedings.
Evidence — Documentary exhibits — Whether an admitted document must be read in court — Applicability in civil proceedings and tribunals with assessors — Robinson Mwanjisi v. R. referenced — Leave to appeal granted for determination by Court of Appeal.
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24 November 2020 |
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Conviction quashed where child-witness evidence was improperly received and remaining evidence failed to prove penetration beyond reasonable doubt.
Evidence — Child witnesses — Mandatory preliminary testing whether witness understands oath or affirmation; Evidence Act s.127(2), Criminal Procedure Act — Failure renders child’s unsworn evidence valueless; Rape/unnatural offence — Penetration must be proved beyond reasonable doubt; Medical evidence (perforated hymen) not conclusive of rape; Delay in reporting and witness conduct impacts credibility; Remedy — Acquittal preferred where prosecution case contains insurmountable gaps, retrial not in interest of justice.
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24 November 2020 |
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Extension of time granted to appeal where tribunal's failure to supply judgment caused delay; no costs awarded.
Land appeal — Extension of time to file appeal — Delay due to tribunal's failure to supply impugned judgment; Ex parte hearing permitted where respondent avoided service; Costs denied where delay attributable to tribunal.
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18 November 2020 |
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Certificate on point of law required for third appeal; leave application misconceived and struck out.
Appellate procedure — Third appeal from primary court — Section 5(2)(c) Appellate Jurisdiction Act — certificate on point of law required — Court of Appeal Rules not applicable in High Court for certification — misconceived leave application struck out.
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18 November 2020 |
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Contract frustrated by respondent’s failure to supply equipment and pay labourers; primary court decision restored.
Contract law – frustration of contract – obligation to supply equipment and pay labourers – appellate review of factual findings and misapprehension of documentary exhibit.
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17 November 2020 |
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The applicant’s extension application under section 38 was incompetent because the tribunal's decision arose from original jurisdiction.
Land Disputes Courts Act (Cap. 216) – extension of time – section 38 limited to appellate/revisional decisions; section 41(2) applies to original jurisdiction decisions – wrong citation of enabling provision renders application incompetent – preliminary objection – striking out – no costs ordered.
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16 November 2020 |
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Unlicensed lending is unlawful and unenforceable; courts may quash decrees and order repayment of principal and damages.
Business licensing and banking law – Unlicensed lending as carrying on business – Agreement unlawful and unenforceable under Law of Contract Act s.23 – Court may quash decrees based on illegal transactions and order restitution of principal and damages.
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13 November 2020 |
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High Court quashed contradictory District Court ruling and restored Primary Court's appointment of administratrix.
* Probate law – appointment of administrator – suitability of administrator – living with deceased and caring for him as supporting appointment.
* Jurisdiction – Primary Court jurisdiction challenged for failure to determine deceased's 'mode of life' – where mode of life is not contentious determination unnecessary.
* Civil procedure – appellate contradiction – quashing of internally inconsistent judgment.
* Evidence – declarations and acknowledgement by beneficiaries estoppel against later denial of status.
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13 November 2020 |
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Court reduced illegal three-year escape sentence to statutory two years and imposed five strokes for aggravated conduct.
Criminal law – Sentencing – Escape from lawful custody – Sentence exceeding statutory maximum under section 35 Penal Code – Revisional jurisdiction suo moto – Addition of corporal punishment for aggravated escape involving robbery of prison officer's firearm – Right of appeal and notice against corporal punishment.
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11 November 2020 |
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The court held juvenile courts do not exclusively oust ordinary courts' concurrent jurisdiction over child custody; custody award upheld.
* Family law – Custody and parentage – Concurrent jurisdiction of Juvenile Courts under the Law of the Child Act and ordinary courts under the Law of Marriage Act. * Statutory interpretation – repeal/ousting of jurisdiction requires express words or necessary implication. * Appellate procedure – second appeal interference only for misapprehension of evidence or misapplication of law. * Best interests of the child – compliance with section 125(2) LMA and reliance on social welfare report.
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11 November 2020 |
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Appellate court upheld corruption conviction: court clerk accepted unlawful advantages, not lawful reimbursement.
* Criminal law – Corrupt transactions – Proof of solicitation, acceptance or obtaining of advantage under s.15(1)(a) and (2) Prevention and Combating of Corruption Act. * Evidence – Circumstantial and direct evidence corroboration; assessment of credibility on first appeal. * Public office – actions of court clerk as employee of Judiciary; unauthorized receipt of money from litigant.
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11 November 2020 |
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Delay by prison officers in filing appeal documents constituted good cause for extension of time.
Criminal procedure — Extension of time — Good cause shown where appeal documents were prepared in time but delayed in filing by prison officers — Non‑attribution of delay to applicant — Unopposed state response.
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11 November 2020 |
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Court granted further extension to file notice and petition of appeal due to prison authorities' delay.
Criminal procedure – extension of time to file appeal – delay caused by prison authorities – court may grant further extension where applicant acted diligently and delay is excusable.
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11 November 2020 |
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Failure to prove presence or sufficient cause justifies dismissal and refusal to restore a revision; appeal dismissed with costs.
Civil procedure – Restoration of proceedings dismissed for non-appearance – Whether mechanical breakdown and COVID-19 checkpoint delays constitute sufficient cause – Burden of proof on applicant to establish attendance and sufficient cause – Requirement for supporting affidavits and corroborative evidence – Discretion of trial court to refuse restoration.
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10 November 2020 |
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Appeal dismissed: administratrix may sell deceased’s property without unanimous heirs’ consent; probate court handles proceeds.
* Probate/administration – power of administratrix to sell estate property – no legal requirement to obtain consent of all heirs before sale.
* Evidence – valuation and sale price – purchaser's price above the applicants' stated estimated value.
* Jurisdiction – disputes over distribution of estate proceeds to be pursued in probate court, not District Land and Housing Tribunal.
* Procedural irregularity – change/transfer of chairperson explained on record; rehearing before new chairperson and assessors cured previous change.
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9 November 2020 |
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Hospital discharge evidence of a child's sickness can constitute sufficient cause to grant an extension to seek a certificate on a point of law.
* Civil procedure – extension of time under section 11(1) Appellate Jurisdiction Act – requirement of good cause.
* Appellate procedure – certificate on point of law under section 5(2)(c) AJA – time limits and prerequisites.
* Evidence – sickness/hospitalization as cause for delay – admissibility of hospital discharge; no mandatory doctor’s affidavit.
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9 November 2020 |
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Extension of time granted where delay caused by trial tribunal’s failure to supply judgment/decree.
Land procedure – Extension of time to appeal – Late supply of judgment and omission of decree by trial tribunal – Decree required under Order XXXIX Rule 1 CPC – Delay caused by tribunal justifies extension.
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6 November 2020 |
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Acquittal under s.130 CPA quashed where trial court relied on irrelevant inconsistency instead of positive eyewitness evidence.
* Criminal law – s.130 CPA (no case to answer) – reliance on inconsistencies – relevance to fact in issue; eyewitness evidence – positive testimony presumed credible unless effectively countered; relatives as witnesses – admissibility and weight. * Evidence – distinction between minor/irrelevant inconsistencies and those going to the root of the case. * Procedure – quashing of wrongful acquittal and remittal for defence stage before another magistrate.
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4 November 2020 |
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An administrator, not individual heirs, must pursue recovery and distribution of deceased estate property; lower courts' proceedings quashed.
* Probate and administration – administrator’s role in collecting and distributing estate assets – only administrator should sue for recovery of disputed estate property.
* Locus standi – heirs lack standing to sue each other over estate assets where an administrator is appointed.
* Civil procedure – supervisory/revisional powers of High Court under s.44(1) Magistrates' Courts Act – quashing of lower court proceedings for lack of jurisdiction/illegality.
* Probate Cause No. 2/2008 to determine inheritance and distribution of estate property.
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4 November 2020 |
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Child’s promise under s.127(2) improperly recorded; child’s evidence expunged and convictions overturned.
* Evidence Act s.127(2) – child of tender age – promise to tell the truth must be recorded in the child's own words; evidence recorded in contravention has no probative value; expunction of such evidence may defeat prosecution's case where it is the sole identifying evidence.
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3 November 2020 |
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Court allowed condonation for late referral due to CHODAWU involvement and remitted the dispute to CMA for merits.
Labour law — condonation for late referral — mediator’s discretion — effect of alternative dispute forum (CHODAWU) causing delay — sufficiency of explanation for delay — matter remitted to CMA for merits.
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2 November 2020 |