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Citation
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Judgment date
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| December 2023 |
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Age and penetration were proved, but identity gaps and inconsistent witness evidence destroyed the prosecution's case.
* Criminal law – Statutory rape – proof of age – oral evidence from victim or relatives may suffice.
* Criminal procedure – Reassignment of trial magistrate – reasons for reassignment must be recorded; recorded reasons here sufficient.
* Evidence – Penetration and medical evidence – bruises not determinative; penetration may be inferred from medical and victim evidence.
* Identification – Conviction cannot stand where identity is not proved beyond reasonable doubt due to inconsistencies and gaps in witnesses' accounts.
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14 December 2023 |
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Plaintiff proved ownership of disputed village land on the balance of probabilities; defence contradictions undermined their case.
Land law – village land allocation – proof of ownership on balance of probabilities – credibility of witnesses – unproven forgery allegations – remedy: judgment for plaintiff with costs.
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14 December 2023 |
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Attempted rape conviction quashed where prosecution failed to prove intent to rape beyond reasonable doubt.
Criminal law – Attempted rape – Elements – Intent to procure sexual intercourse must be proved beyond reasonable doubt; mere tearing of clothing insufficient; age not required for attempted rape under s.132(1)(2)(a); failure to call material witness permits adverse inference.
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8 December 2023 |
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The applicant failed to prove ownership of 33 acres; court awarded 2,049 square metres instead.
* Land law – proof of ownership – claimant must identify and prove the specific parcel claimed; general payment or compensation documents insufficient to establish title.
* Village land/forest reserves – village records, maps and testimony can show communal ownership and management, affecting private title claims.
* Burden and weight of evidence – ministerial/administrative minutes and compensation receipts must specifically link to the disputed parcel to discharge the claimant's burden.
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6 December 2023 |
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Confessions corroborated by DNA, recovered weapon and phone analysis proved the accused's guilt for seven murders.
Criminal law – Murder – malice aforethought established by wound pattern and weapon use; Confession – admissibility and corroboration of extrajudicial and oral confessions; Forensic evidence – DNA profiling and chain of custody of exhibits; Circumstantial evidence – sufficiency where no direct eyewitness of the killings; Mobile phone analysis as corroborative evidence.
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5 December 2023 |
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Employee's dismissal declared procedurally unfair for lack of investigation/hearing; six months' compensation awarded.
Labour law – termination procedure – Rule 13, GN. No. 42 of 2007 – requirement for investigation, charge notification and disciplinary hearing; natural justice – right to be heard; review of CMA award for failure to follow fair procedure; compensation for procedural unfair dismissal.
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5 December 2023 |
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Primary-court matrimonial appeals: 45‑day appeal period; copy of judgment not required; illness justified limited delay, appeal allowed.
Appeals — matrimonial matters from primary court — time to appeal governed by Law of Marriage Act (GN No. 487/2022) — 45 days; Civil Procedure (Appeals in Proceedings Originating in Primary Courts) Rules GN.312/1964 Rule 4 — copy of judgment not a prerequisite; Extension of time — illness may justify delay if proven; discretion to grant extension where delay not inordinate.
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4 December 2023 |
| November 2023 |
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High Court set aside appellate court’s aggravated custodial sentence for lack of sufficient legal basis.
* Criminal law – Appeal against sentence – when appellate court may interfere with sentencing (manifestly excessive/inadequate; wrong principle; overlooked material factor; irrelevant considerations) * Evidence – admissibility and weight of relatives’ evidence and corroboration * Prosecutorial discretion – choice of witnesses to call * Sentencing – improper aggravation of sentence and compensation on appeal
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30 November 2023 |
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Applicant failed to prove sufficient cause for extension of time to file appeal; application dismissed.
* Civil procedure — Extension of time — Section 14(1) Law of Limitation Act — requirement to show sufficient cause.
* Evidence — burden to prove late supply of judgment, illness and account for delay.
* Illegality — when alleged illegality justifies extension: necessity to correct and proof that lower remedies were blocked.
* Land appeals — appeals from Ward Tribunal governed by s.38(2) Land Disputes Courts Act; attaching judgment copy not a prerequisite.
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28 November 2023 |
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Absence of a family meeting or lack of consultation alone does not justify revocation of letters of administration.
* Probate and administration – Revocation of letters of administration – whether absence of family/clan meeting invalidates appointment – family meeting not mandatory. * Probate – Sale of estate property – whether consent of all heirs required – administrator not legally required to obtain consent. * Evidence – burden to prove unlawful withholding of share – unsatisfactory and disputed evidence may defeat revocation claim.
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10 November 2023 |
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Receipts and alleged allocation do not suffice to displace an earlier valid sale; plaintiff failed to prove title.
Land law – proof of title – sale agreement versus allocation/receipts – receipts of land rent not conclusive proof of ownership – effect of prior sale agreement (exhibit D1) on rival title claims.
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6 November 2023 |
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Extension granted because an apparent illegality at execution stage justified extra time to file a reference.
Extension of time; discretion guided by Lyamuya principles; illegality as sufficient ground for extension; execution proceedings and capacity to be sued; right to be heard; apparent illegality on the face of the record.
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2 November 2023 |
| October 2023 |
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Court granted extension of time, finding short delay and seeking legal assistance constituted sufficient cause.
Extension of time – sufficient cause – short delay and seeking legal representation can justify extension – application of Lyamuya principles (delay not inordinate; diligence; arguable point of law/illegality).
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31 October 2023 |
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Plaintiff awarded compensation for unlawfully retained cattle where defence failed to prove death or value.
Property/compensation – Unlawful retention of livestock; valuation of animals where documentary proof absent; burden of proof on causes of death and requirement to tender post‑mortem/expert reports; assessment of damages by court’s discretion.
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31 October 2023 |
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High Court restores Ward Tribunal decision: non-joinder and alleged failure to evaluate evidence did not justify quashing.
Land law — non-joinder of village government — necessary vs. non-indispensable party; evaluation of evidence — tribunal's site visit and documentary proof; appellate review — proper grounds to quash trial tribunal; departure from assessors' opinions.
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27 October 2023 |
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Applicant proved ownership by sale and occupation; respondents held trespassers and ordered to pay TZS 30,000,000.
Land law — Proof of title — Sale agreement and continuous occupation as evidence of ownership — Village land/protected area defence — Trespass — Damages for loss of earnings.
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26 October 2023 |
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Leave to appeal denied because the challenged tribunal decision was interlocutory and applicants failed to show an arguable point of law.
* Civil procedure — Leave to appeal under s.47(2) Land Disputes Courts Act — requirements for leave (prima facie/arguable case, novel point of law). * Appealability — interlocutory orders and exclusion from appeal (s.43(1)(b) LDCA; s.79(2) CPC). * Abuse of process — misuse of appellate route to delay execution of orders.
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25 October 2023 |
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Purchaser who proved sale and possession entitled to declaratory ownership and court-ordered title transfer despite untransferred certificate.
Land law – declaration of ownership; transfer of certificate of occupancy – court-ordered transfer where registered owner absent; ex parte proceedings and substituted service; proof of sale and possession as basis for declaratory relief.
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24 October 2023 |
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Gang-rape conviction upheld; life sentence illegal for offender aged 18 and substituted with unconditional discharge.
Criminal law – Gang rape – proof requires penetration and absence of consent; identification – arrest at scene and in-court identification can suffice; contradictions and absent weapon not necessarily fatal; sentencing – s.131A(2) life imprisonment subject to s.131A(3) exception for person of or under 18; procedure – omission of sentence in written judgment curable under s.388 CPA.
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23 October 2023 |
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Court upheld the conviction and life sentence, finding the appellant's age and torture claims unproven and penetration established.
Criminal law – Unnatural offence – Proof of penetration and identity; admissibility and voluntariness of cautioned statement; proof of age; evaluation of defence/alibi; corroboration by eyewitness and medical evidence.
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6 October 2023 |
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A caveator who had managed major estate assets was held more suitable than petitioners to administer the intestate estate.
Probate and Administration — Letters of administration on intestacy — s.33 considerations: greater and immediate interest, consanguinity, safety of the estate, probability of proper administration — Weight of actual management and contribution to estate assets (schools, loan repayment, operational control) — Family meeting endorsement and marital status not decisive — Court may appoint non-beneficiary or non-ordinarily entitled person where necessary for proper administration.
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6 October 2023 |
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6 October 2023 |
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6 October 2023 |
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Identification was weak but corroborative medical evidence and an unchallenged cautioned statement established guilt beyond reasonable doubt.
* Criminal law – Armed robbery – proof beyond reasonable doubt – elements: stealing and use of violence or threats.
* Identification – visual/virtual and dock identification – dangers of relying on dock identification without parade.
* Evidence – cautioned statement admissibility and weight where not challenged at trial; afterthought allegations of torture.
* Corroboration – medical evidence supporting victim’s account.
* s.388 Criminal Procedure Act – curative effect of other evidence for identification defects.
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6 October 2023 |
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Clear written contractor agreements precluded labour jurisdiction; CMA award for employee terminal benefits vacated due to lack of jurisdiction and insufficient evidence.
Labour jurisdiction – status of worker: contractor vs employee; written contract governs relationship; oral evidence cannot vary clear written terms; CMA lacks jurisdiction over disputes arising from non-employment contracts; burden of proof – sections 110 and 111 Law of Evidence Act; awards cannot be extended to claimants who failed to present evidence.
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5 October 2023 |
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On second appeal the court found sufficient evidence of abusive language/brawling and set aside acquittals, convicting and fining the respondents.
* Criminal law – Abusive language and brawling – Section 89(1)(b) Penal Code – Disturbance likely to cause breach of the peace; * Evidence – Evaluation on appeal – credibility, surrounding circumstances and hidden agenda; * Appeals – Second appeal – setting aside acquittals and substituting convictions; * Sentencing – fine with imprisonment in default.
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3 October 2023 |
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Revision dismissed because an available appeal had been pursued and the RM's extended-jurisdiction decision is a High Court decision.
Land law — Revision jurisdiction — Revision limited to non-appealable decisions — Appeal vs revision — Decisions by Resident Magistrates with extended jurisdiction constitute High Court decisions and are not subject to revision in the High Court.
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3 October 2023 |
| September 2023 |
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An appeal is barred where the lower court struck out an application without finally determining parties' rights under s.43(2) MCA.
* Civil procedure – interlocutory/preliminary orders – strike out for omnibus prayers – effect on appealability under section 43(2) Magistrates' Courts Act.
* Appeals – competency – order does not finally determine rights – remedy to refile rather than appeal.
* Interpretation – mandatory nature of section 43(2) MCA barring appeals from non-final orders.
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29 September 2023 |
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Appellant’s omission to cite punishment curable; prosecution proved statutory rape by victim and medical evidence, appeal dismissed.
Criminal law – Rape (statutory) – proof of age and penetration; medical corroboration; identification where victim knows assailant; charge technicality (punishment provision) curable under s.388 CPA; place of occurrence not essential.
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29 September 2023 |
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Absence of an internal Board resolution did not render trustee corporation’s suit incompetent; preliminary objection dismissed.
Trustees Incorporation Act – capacity to sue – constitutional requirement for internal signatures vs. litigation – Companies Act authorities not directly applicable – procedural defects curable under section 3A CPC.
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29 September 2023 |
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Appeal dismissed: appellant's recorded guilty plea was unequivocal; exhibits not required except in murder, so conviction stands.
* Criminal law – Guilty plea – Whether plea was unequivocal or ambiguous – Plea recorded as admission of facts. * Criminal procedure – Appealability – Section 360(1) CPC bars appeals against one's own unequivocal plea. * Evidence – Tendering exhibits – Not required where accused admits offence (except murder). * Allegation of coercion – Must be substantiated on record to vitiate plea.
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29 September 2023 |
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Illegality in an impugned judgment can constitute sufficient reason to grant extension of time to seek leave to appeal.
Civil procedure – Extension of time – Applicant sought enlargement to file for leave to appeal – Illegality in impugned judgment (appellate judge raising new issue and invoking revisional power without hearing) held sufficient cause for extension; procedural defects in affidavits curable under overriding/oxygen principle; preliminary objection raised without notice did not occasion prejudice.
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22 September 2023 |
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Defective consent/certificate failing to cite charged provisions vitiated jurisdiction, leading to quashing of conviction and retrial ordered.
* Criminal procedure – jurisdiction – consent and certificate purporting to confer jurisdiction on subordinate court – necessity to cite specific statutory provisions charged – omission vitiates proceedings and renders trial nullity.
* Remedies – conviction and sentence quashed; retrial de novo ordered once proper consent/certificate obtained.
* Plea issues – equivocal plea and other procedural irregularities to be addressed at retrial.
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22 September 2023 |
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Appellant's unchallenged documentary evidence established ownership; trial tribunal erred by deciding on pleadings rather than evidence.
Land law – ownership dispute – admissible documentary evidence (offer letter) corroborated by land authority exhibit; failure to produce rebutting documents; appellate intervention where trial tribunal decided on pleadings not evidence.
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22 September 2023 |
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District Court lacked pecuniary jurisdiction; proceedings nullified; Primary Court competent to hear the Tshs.13,300,000 claim.
Magistrates' Courts Act (Misc. Amendment Act 2016) – pecuniary jurisdiction – Primary Court monetary limits; Jurisdiction fundamental – can be raised at any time; Lack of jurisdiction renders proceedings a nullity; Primary Court power to award compensation/general damages (Fourth Schedule).
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22 September 2023 |
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15 September 2023 |
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Plaintiff failed to prove lawful village land allocation; receipt and VEO letter without minutes or boundaries insufficient.
Land law — proof of village land allocation — necessity of minutes/land committee approval, clear plot description or survey — receipt and VEO letter alone insufficient; burden of proof (Law of Evidence Act ss.110–111) — contradictions in witness testimony fatal to claimant's case.
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15 September 2023 |
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Whether jurisdictional objections can be raised anytime and cooperative-society member disputes require internal resolution before court.
Cooperative Societies Regulations 2015 – Regulation 83(2),(3) – internal dispute resolution – jurisdictional objections – may be raised at any stage and determined first.
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10 September 2023 |
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Omission of section 86 in RPO consent rendered the trial nullity; conviction quashed and retrial refused.
* Criminal procedure – Consent to prosecute by Regional Prosecution Officer – omission to cite section 86 of Wildlife Conservation Act – incurable defect – trial nullity.
* Curability – Section 388 CPA inapplicable where consent omission goes to jurisdictional root.
* Remedy – proceedings nullified, conviction quashed, sentence set aside; retrial refused where gaps fundamental.
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8 September 2023 |
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Suit dismissed because prior withdrawal without leave barred refiling under Order XXIII CPC.
* Civil procedure – Withdrawal and abandonment of suit – Order XXIII Rules 1(1), 2(b) and 3 CPC – effect of withdrawal without leave; * Land disputes – Regulation 17 (DLHT Regulations) – Regulation 51(2) LDCA – application of CPC where regulations inadequate; * Preclusion from instituting fresh suit on same subject matter; * Costs awarded against party who withdrew without leave.
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1 September 2023 |
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Whether a second appellate court may raise subdivision/compensation issues without hearing parties, certified for appeal.
Land law; appellate procedure — certification of points of law to Court of Appeal; scope of second appeal and re-evaluation of evidence; procedural fairness — raising new issues (survey/subdivision) and affording parties the right to be heard; non-joinder of land allocating authority; role of assessors' opinions.
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1 September 2023 |
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Appeal dismissed: applicant failed to prove ownership and alleged allocation to a minor lacked legal capacity.
Land law – ownership by customary allocation; capacity to contract/minority – allocations to minors; Burden of proof in civil cases – balance of probabilities; Evidence – admissibility of oral evidence vs documentary proof; Civil procedure – right to be heard and pronouncement of judgment (notice requirement).
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1 September 2023 |
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Respondent had locus standi and delay excluded; mesne profits and procedural defects did not vitiate the judgment.
* Land law – locus standi of successor purchaser – succession and standing to sue after acquisition by deceased spouse.
* Limitation – exclusion of time under section 21(1) Law of Limitation Act – pending prior proceedings.
* Civil remedies – mesne profits – proof and award where precise proof is impractical.
* Civil procedure – non-joinder of alleged necessary party (auctioneer) – distinction between necessary and proper party.
* Evidence – material variances in dates/figures/names – slip of pen and failure to vitiate findings.
* Admissibility – exhibits not read aloud but annexed and served – no prejudice, not expunged.
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1 September 2023 |
| August 2023 |
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Whether an affidavit jurat omitting the date is fatal or curable by amendment under the overriding objective.
Notaries Public and Commissioners for Oaths Act s.8 – jurat must state place and date; Interpretation of Laws Act s.53(2) – effect of "shall"; overriding objective principle; amendment of defective affidavits; preliminary objection – striking out vs cure by amendment.
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25 August 2023 |
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Acquittal alone does not prove malicious prosecution; appellant failed to show lack of probable cause or causation of loss.
Malicious prosecution; elements required (prosecution, termination in favour, malice, absence of reasonable and probable cause, damage); acquittal does not automatically prove malicious prosecution; causation of loss; role of prior criminal judgment as evidence in civil claims.
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25 August 2023 |
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High Court vacated ex parte DLHT judgment caused by file-transfer confusion and remitted matter for rehearing to protect applicant's hearing rights.
Land procedure – Ex parte judgment – denial of right to be heard due to administrative file-transfer confusion; appropriateness of revision jurisdiction versus extension of time; remittance for rehearing.
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22 August 2023 |
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Applicants failed to establish a prima facie case for an injunction against a government valuation exercise within a national park.
Land law – Interim/Mareva injunction – statutory notice to sue – boundary dispute with national park – on-site inspection and GPS evidence – valuation/compensation exercise – prima facie case, irreparable harm and balance of convenience required for injunction.
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22 August 2023 |
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Extension of time denied where applicant failed to account for each day and lacked corroborative affidavit of advocate.
Extension of time – application for restoration – requirement to show good cause and account for each day of delay – need for corroborative affidavit where delay attributed to advocate – right to be heard not absolute; Law of Limitation Act s.14(1); Civil Procedure Code s.95; John Chuwa v. Anthony Ciza; Lyamuya Construction Co. Ltd.
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18 August 2023 |
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First purchaser’s documented earlier payment prevailed; later sale void and appeal dismissed with costs.
* Land law – double sale/double allocation – priority principle: earlier purchaser prevails over subsequent purchaser. * Evidence – documentary proof in land transactions; documents as best evidence (TEA ss.61,63,64). * Burden of proof – plaintiff must prove better title on balance of probabilities (Evidence Act s.110). * Civil procedure – joinder of necessary parties (Order I Rules 3 and 5 CPC). * Procedural fairness – Tribunal properly framed and determined issues between competing purchasers.
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18 August 2023 |
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Six-day delay excused as technical delay; extension granted to file labour revision, no costs.
Labour law – extension of time – technical delay – computation of delay from supply of struck-out ruling – negligence of counsel distinguishable – short preparation period reasonable.
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11 August 2023 |