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Citation
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Judgment date
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| December 2024 |
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A court deciding an unpleaded locus standi issue without hearing parties breaches natural justice and will be set aside.
Civil procedure — pleadings as roadmap — court should not decide issues not pleaded without inviting parties to address them; locus standi — jurisdictional issue — must be considered with parties given opportunity to be heard; right to be heard/natural justice — sua sponte rulings require notice and opportunity to address; remedy — setting aside and remittal for rehearing.
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19 December 2024 |
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An unequivocal guilty plea precludes challenging conviction; appeal dismissed and sentence upheld.
* Criminal procedure plea of guilty whether plea is equivocal or unequivocal; * Voluntariness allegation of police coercion and timing of complaints; * Evidence requirement to call prosecution witnesses where accused pleads guilty; * Appeals limits under s.360(1) CPA; * Sentence challenge limited to extent or legality.
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16 December 2024 |
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Application challenging trade-union election was premature for failing to exhaust internal remedies and was struck out.
Labour law – Trade union elections – Requirement to exhaust internal remedies under s.53(1) & (2) ELRA before Labour Court – Premature filing of application renders it incompetent – Court may, in discretion, hear matter if in best interests but not exercised here.
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16 December 2024 |
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Registered titleholder prevails absent proof of unlawful procurement; occupant ordered to vacate.
Land law – Competing claims to registered land – Registered certificate of title prevails absent proof of unlawful procurement; possession and unregistered receipts insufficient to displace title; proof of lawful allocation and registration by municipal land officer; costs follow event.
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16 December 2024 |
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16 December 2024 |
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Plaintiffs proved ownership and possession; defendants failed to prove village title, leading to declarations and compensation/alternative land.
* Land law – proof of ownership – oral evidence of long possession, inheritance and purchase sufficient on balance of probabilities.* Land disputes – trespass – necessity for defendant to prove prior/control title to displace possessory evidence.* Evidence – hearsay is of no evidential value; documentary village records not produced weigh against defendant.* Government Proceedings Act – 90‑day notice; late re‑raise of non‑compliance not fatal where AG/SG informed and litigation proceeded.
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13 December 2024 |
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13 December 2024 |
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Plaintiffs failed to prove ownership of disputed land; claim dismissed and each party to bear its own costs.
Land law – proof of ownership – onus on claimant to prove title; Evidence – oral testimony and documentary proof; Village land rights – minutes of village meeting as evidence; Failure to call transferors or produce documents undermines land claims; Costs – each party to bear own costs where case dismissed for failure of proof.
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13 December 2024 |
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Successor district councils that shift payment responsibility may be jointly liable for unpaid contract balances when liability is not proved otherwise.
* Contract law – performance and payment – contractor completed works and received partial payment; unpaid balance after local government split.
* Administrative law – liability allocation after district division – successor councils shifting responsibility.
* Evidence – requirement to tender contract terms to prove termination or liquidated damages; failure to prove termination defeats defence.
* Remedies – award of unpaid balance (as admitted), general damages, interest and costs.
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13 December 2024 |
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13 December 2024 |
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Court convicted three accused of murder based on recent possession, confessions and established malice; a fourth was acquitted.
* Criminal law – Murder – proof beyond reasonable doubt where evidence is circumstantial
* Circumstantial evidence – doctrine of recent possession; identification of stolen property by unique marks
* Admissibility and weight of cautioned and extra-judicial statements even if retracted
* Malice aforethought – inferred from weapon used, force, tying and airway obstruction
* Acquittal where no direct or strong circumstantial link to killing
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13 December 2024 |
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Circumstantial evidence and a retracted cautioned statement proved murder; both accused convicted and sentenced to death.
Criminal law – Murder – Cause and nature of death established by post‑mortem; Circumstantial evidence – sudden acquisition of wealth and recovery of exhibits as corroboration; Retracted cautioned statement – may ground conviction if the court is satisfied of its truth; Oral confession before third parties admissible if voluntary; Malice aforethought under s.200 Penal Code established by weapon, force, targeted head blows and nature of injuries.
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13 December 2024 |
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Accused acquitted of murder where identification evidence was unreliable and prosecution failed to prove guilt beyond reasonable doubt.
Criminal law – Identification evidence – must be watertight; failure to call material witnesses; doubt resolved for accused; acquittal where prosecution fails to prove murder beyond reasonable doubt.
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13 December 2024 |
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Acquittal where circumstantial evidence failed to exclude reasonable alternative hypotheses; threats and absence of eyewitnesses insufficient.
* Criminal law – Murder – Circumstantial evidence – Abdul Muganyizi test: inculpatory facts must be incompatible with innocence and incapable of explanation on any reasonable hypothesis other than guilt. * Criminal law – Evidence – threats, prior quarrels and being last with deceased insufficient for conviction. * Criminal procedure – Failure to call material witnesses (local leaders) weakens prosecution’s case. * Forensic/medical evidence – cause of death (traumatic brain injury) insufficient alone to establish perpetrator.
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13 December 2024 |
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Plaintiff proved ownership by long possession; partial general damages (TZS 5,000,000) awarded for trees, costs follow the event.
* Land law – ownership by long possession – burden of proof and assessment on balance of probabilities.
* Evidence – credibility of oral testimony and weight where documentary proof absent (Hemed Said principle).
* Damages – claim for harvested trees: necessity to prove number, size and value; court may assess general damages if precise proof lacking.
* Procedure – ex parte consequences where defendant fails to appear after substituted service.
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13 December 2024 |
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The plaintiff proved ownership of the disputed 200‑acre land; the respondent’s contradictory, undocumented claim failed.
Land law – proof of ownership – burden under s.110 Evidence Act – credibility and material contradictions – customary acquisition (clearing/kushika) and village allocation – failure to produce probative title documents.
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12 December 2024 |
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Dismissal for non-appearance set aside where counsel's illness and travel, evidenced by documents, established sufficient cause.
* Civil procedure – Order IX Rule 6(1) CPC – setting aside dismissal for non-appearance – sufficiency of reasons.
* Evidence – documentary proof of counsel’s incapacity or absence (hospital letter, visa) – admissibility and weight where no counter-evidence alleged.
* Hearsay – objections to attached documents and need for counter-affidavit to allege forgery.
* Right to legal representation – relevance to whether hearing would have proceeded.
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12 December 2024 |
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Appeal allowed: material contradictions and unreliable evidence meant corruption charges were not proved beyond reasonable doubt.
* Criminal law – Corrupt transactions under section 15(1) and (2) PCCA – elements and burden of proof; * Evidence – material contradictions and variances between testimony and charge; * Electronic evidence – admissibility, provenance and weight of exhibits; * Failure to call material witnesses and potential adverse inferences; * Conviction quashed where prosecution failed to prove case beyond reasonable doubt.
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10 December 2024 |
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Prosecution proved death from sharp-force injuries and the accuseds’ involvement; absence of malice reduced offence to manslaughter, each sentenced to 20 years.
Criminal law – Homicide – Distinction between murder and manslaughter where death results from a fight; identification by single eye-witness; corroboration by medical and police evidence; admissibility and weight of alibi under section 194 CPA; sentencing for high-level manslaughter.
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6 December 2024 |
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The applicant’s prior letter of offer conferred ownership; later certificates were irregular and respondents are trespassers.
Land law – allocation and letter of offer v. subsequently issued certificate of occupancy – priority of prior allocation; Proof and onus – failure of purchasers to prove lawful acquisition; Trespass – erection of structures on allocated land; Administrative negligence – liability of land authorities for wrongful registration; Remedies – declaratory orders, demolition/removal of structures, general damages and costs.
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5 December 2024 |
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Chairman may lawfully conclude tribunal proceedings despite an absent assessor; defective pleadings and lack of boundary evidence nullify land proceedings.
* Land disputes – assessors’ absence – chairman may continue proceedings under s.23(3) Land Disputes Courts Act; s.24 requires consideration but does not bind chairman. * Civil procedure – defective pleadings – failure to describe suit land (size/boundaries) renders proceedings incapable of proper determination. * Appeal – inadequate evidence on nature of claim (ownership v. encroachment) justifies setting aside tribunal decisions. * Court criticism of excessive delays and record supply failures.
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5 December 2024 |
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An appeal filed after the 45-day limit is time-barred and dismissed absent an extension application.
Civil procedure – Limitation – Appeal filed out of the prescribed 45-day period – Admission by court registry does not validate late filing – Application for extension of time required and each day of delay must be accounted for – Appeal dismissed with costs.
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4 December 2024 |
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Court granted 30‑day extension to lodge appeal due to a technical delay and prompt, diligent steps by the applicant.
Civil procedure – extension of time to file appeal – delay described as technical where prior appeal struck out for lack of affixed decree – promptness and diligence in lodging fresh application – unopposed application; discretion on costs.
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3 December 2024 |
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Failure to join the Commissioner for Lands rendered the tribunal’s land dispute proceedings and judgment a nullity.
Non‑joinder of necessary parties (Commissioner for Lands/local council) – effect on jurisdiction; Government Proceedings Act – joining government ousts tribunal’s jurisdiction; non‑joinder causes nullity of proceedings and judgment; reliance on precedent (Msoffe) => annulment; court cannot order trial de novo; suo motu raising of anomaly and costs consequences.
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2 December 2024 |
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Primary court may appoint an heir as administratrix, but appointing a village chair without proving impartiality was unlawful.
Probate and administration – Primary court powers under Rule 2(a) and 2(b), 5th Schedule to the Magistrates’ Courts Act – Appointment of administrators including non‑petitioning heirs and reputable impartial persons – Requirements: interest, reputation, impartiality, ability and willingness – Right to be heard – Inventory and accounts procedure and remittal.
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2 December 2024 |
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Plaintiff proved unpaid vehicle maintenance claim; clerical pleading error curable; judgment for TZS 26,870,479.74 plus 7% interest and costs.
* Contract law – breach for non-payment of services – entitlement to damages under section 73 of the Law of Contract Act.
* Civil procedure – pleadings vs evidence – curable clerical errors do not defeat a claim where no miscarriage of justice occurs.
* Evidence – proof of debt by invoices and supporting documents (proforma invoice, tax invoice, delivery note, LPO).
* Remedies – award of judgment sum, post-judgment interest and costs.
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2 December 2024 |
| November 2024 |
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The applicant failed to prove title; receipt was insufficient and credibility preferred respondent, appeal dismissed with costs.
* Land law – ownership dispute – burden of proof in civil cases – credibility findings of trial tribunal – appellate re-evaluation of evidence. * Evidence – hearsay and contradictions weaken plaintiff’s case; receipts insufficient alone to establish title. * Procedure – relief limited to pleaded claims; ownership cannot be granted absent a counterclaim.
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29 November 2024 |
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An affidavit sworn by an advocate that purports to be the applicant and omits information sources is incurably defective, warranting striking out the application.
Affidavits — Advocate as deponent — Permissible for counsel to swear affidavit; Affidavit defects — generally curable but can be incurable where deponent purports to be party or fails to disclose information sources; Pleadings language rules — raised but decision centered on affidavit defects; Relief — striking out incompetent application with costs.
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26 November 2024 |
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Failure to join the village council as a necessary party rendered the tribunal’s ex parte decision a material irregularity and was set aside.
* Land dispute – non-joinder of necessary party – village council alleged allocator of land – Order 1 r.3 CPC; * Necessary party test – right of relief and inability to pass effective decree without party (Abdullatif Mohamed Hamis); * Material irregularity – deciding case in absence of necessary party (Tang Gas); * Ex parte tribunal decision set aside for failure to join necessary party.
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26 November 2024 |
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Plaintiff failed to prove ownership of disputed land; trespass claim dismissed and suit dismissed with costs.
Land law – proof of ownership and title; credibility and consistency of evidence; trespass requires proof of superior right to possession; administratrix/administrator does not equate to ownership.
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26 November 2024 |
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Conviction for unlawful possession of wildlife trophy quashed where meat identification and inventory procedure were unlawful.
Criminal law – unlawful possession of government trophies – adequacy of identification evidence (lay scent/appearance vs scientific/expert evidence); Inventory and disposal procedure – mandatory right of accused to be heard before disposal – non‑compliance renders inventory inadmissible and to be expunged; Proof of possession – requirement to link accused to seized item.
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21 November 2024 |
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The applicant’s claim was dismissed as time‑barred for failing to plead a lawful exemption from the limitation period.
* Limitation of actions – accrual of cause of action – Item 24, Law of Limitation Act – six‑year period.
* Pleading requirements – Order VII, Rule 6 CPC – necessity to plead facts showing exemption from limitation.
* Effect of prior proceedings and different defendants on limitation – prior tribunal proceedings do not reset limitation absent proper pleading.
* Promissory estoppel/negotiations – may toll limitation if clear, pleaded and evidenced, but not on mere narration.
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20 November 2024 |
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Execution nullified because decree lacked land description and granted ownership to a defendant without a counterclaim.
* Civil procedure – Execution of decree – Decree must describe land by size and boundaries before execution. * Pleadings – Court must grant only reliefs prayed for; defendant claiming ownership must file a counterclaim. * Defective decree – Relief not claimed and lack of property description render decree unenforceable and execution void.
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19 November 2024 |
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Conviction for grievous harm was erroneous where only a lesser assault was proved; sentence reduced and immediate release ordered.
Criminal law – charge substitution – section 300(1) CPA – trial court must substitute lesser offence when proved; Medical evidence – PF-3 and testify insufficient to establish grievous harm under s.5 Penal Code; Curable errors – omission to substitute charge can be cured under s.388 CPA where no failure of justice; Evidence – assault occasioning actual bodily harm proved by eyewitnesses and medical notes; Sentencing – appellate reduction where sentence basis is unclear.
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19 November 2024 |
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Extension of time granted where withdrawn appeal caused technical delay and alleged absence of mandatory 90‑day notice raised an illegality on the record.
Land law — extension of time under s.41(2) Land Disputes Courts Act and s.95 CPC — technical delay from withdrawn appeal — illegality (absence of mandatory 90 days' notice) apparent on face of record — promptness and costs order.
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14 November 2024 |
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An unintelligible, defective plaint may be struck out; res judicata requires a prior final determination.
Civil procedure – preliminary objections – locus standi and jurisdictional objections that raise factual disputes are inappropriate as pure points of law; Res judicata – requires same parties, same subject matter and a final determination by a competent court; Pleadings – failure to state essential particulars (Order VII r.1(b), r.3, r.1(e)) and an unintelligible plaint justifies striking out rather than permitting amendment; Costs awarded to respondents where plaint struck out.
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13 November 2024 |
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Enlargement of time refused where applicant failed to produce affidavit from court officials and failed to account for delay.
Extension of time – application to enlarge time to file notice and records of appeal and certificate – applicant must account for delay and exhibit diligence; affidavit evidence required from responsible court officers to corroborate alleged registry refusal; absence of such evidence and inordinate delay warrant dismissal.
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13 November 2024 |
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Appeal dismissed; conviction for incest upheld though investigator’s tardy caution statement was expunged.
Criminal law – Sexual offences/incest; evidence of child of tender age – compliance with s.127(2) Evidence Act; admissibility and recording of caution statements – statutory four‑hour rule; extrajudicial statements recorded by Justice of the Peace – Chief Justice’s instructions; relevance of identity discrepancies; non‑calling of witnesses and adverse inference.
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12 November 2024 |
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Failure to join the Commissioner for Lands in a suit over surveyed/registered land ousts tribunal jurisdiction, nullifying its proceedings.
Land dispute; surveyed/registered plot; non-joinder of Commissioner for Lands/Registrar of Titles; jurisdictional defect; Government Proceedings Act; Nestory Msoffe precedent; nullification of tribunal proceedings.
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12 November 2024 |
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12 November 2024 |
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Plaintiff’s crops seized lawfully for illegal cultivation in forest reserve; suit dismissed with costs.
Forest reserves – encroachment and cultivation prohibited; seizure of crops lawfully made under Forest Act s.26; evidentiary contradictions undermine claim to ownership and damages; CHRGG report and maps as admissible evidence of reserve boundaries.
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12 November 2024 |
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Appellant failed to prove ownership; appellate court upheld tribunal's finding that respondent lawfully occupies the land under 2017 boundaries.
Land law – ownership and occupation disputes; evaluation of conflicting oral evidence; standard of proof in civil land claims; appellate re-evaluation of credibility; giving benefit of doubt where evidence is evenly balanced.
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11 November 2024 |
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11 November 2024 |
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The applicants' compensation claim for acquired land was dismissed as time-barred; court found no jurisdiction.
Limitation of actions – Compensation for compulsory acquisition – Accrual of cause of action upon completion of valuation; binding effect of Court of Appeal precedent; jurisdictional bar where suit is time-barred; preliminary objection on statutory notice and plaint sufficiency not decided once time bar established.
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8 November 2024 |
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Failure to prove administratrix authority and ownership defeats a land claim; assessors’ opinions were properly considered.
* Land law – locus standi and administration of estates – requirement to obtain letters of administration before suing on a deceased’s estate; * Evidence – burden of proof in civil claims – claimant must prove ownership on balance of probabilities; * Adverse possession – cannot be asserted where claimant relies on customary inheritance; * Procedural law – assessors’ opinions must be written, read and considered (Reg.19(2) GN No.174/2003; s.24 Land Courts Act); * Pleadings – parties are bound by their pleadings and cannot change cause of action on appeal.
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6 November 2024 |
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Court affirmed conviction for unlawful possession of government trophies despite exhibit destruction and absent independent witnesses.
* Criminal law – unlawful possession of government trophies – proof of possession and identification of wildlife parts; chain of custody and admissibility of destroyed exhibits. * Evidence – absence of independent witnesses at arrest/search; evaluation of minor inconsistencies in witness statements. * Procedural – failure to call additional witnesses or disclose vehicle/phone details not necessarily fatal where prosecution case otherwise proved.
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5 November 2024 |
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An unequivocal guilty plea after proper procedure supports conviction despite omission of the specific time in the charge.
Criminal procedure – plea of guilty – requirements for valid plea (reading charge, explaining ingredients, prosecutor’s facts, accused’s admission); Charge sufficiency – omission of time not fatal under s.132 CPA; Evidence – tendering PF-3 or proving age not mandatory where facts not disputed; Appealability – guilty plea generally bars appeal absent facial illegality.
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5 November 2024 |
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Appellate court set aside unpleaded finding of customary distribution and restored disputed land to the estate administrator.
Civil procedure – relief must be pleaded – court cannot grant unpleaded relief; Evidence – customary distribution not established where witnesses admit no administration and letters of administration were later issued; Probate/estate administration – appointment of administrator and ongoing dispute negate applicability of presumed customary distribution; Appellate review – High Court re-evaluates evidence and draws its own conclusions on appeal.
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1 November 2024 |
| October 2024 |
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Omission of the subject-matter value in a plaint deprives the High Court of pecuniary jurisdiction; plaint returned to the District Tribunal.
Civil procedure — Order VII r.1(ii), CPC — Requirement to state value of subject matter — Pecuniary jurisdiction determined by specific claim — Where court lacks pecuniary jurisdiction plaint must be returned under Order VII r.10 — Jurisdiction of District Land and Housing Tribunal over disputes involving registered land.
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31 October 2024 |
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Applicant proved ownership by oral sale; appeal allowed, respondent declared trespasser and permanent injunction granted.
Land law – proof of ownership by oral sale contract – oral evidence and witness testimony may suffice; credibility assessment – contradictions not necessarily fatal; first appellate court may re-evaluate evidence and make independent finding; trespass and permanent injunction.
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30 October 2024 |