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Citation
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Judgment date
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| August 2024 |
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Respondent’s title upheld by adverse possession; the applicant’s appeal is dismissed.
Land law – adverse possession – requirements and proof; Restoration of appeal dismissed for want of prosecution; Evidence of possession versus documentary allocation; Locus of parties/administrators in succession disputes.
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22 August 2024 |
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Court recognised limited ownership for two plaintiffs but found no proved trespass by the basin authority.
Land law — proof of ownership — evidentiary burden under s.110 Evidence Act; Protected water‑basin regulation — beacons and 60‑metre buffer; Trespass — necessity of specific proof of boundary exceedance; Administrative records (village minutes, district letters, survey payments) as title evidence.
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20 August 2024 |
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Appellants' guilty pleas were unequivocal; convictions and custodial sentences were upheld as lawful.
Criminal law – Plea of guilty – test for equivocal or coerced plea; accused must raise coercion at trial to challenge plea on appeal. Criminal procedure – Particulars of charge – adequacy of charge sheet and facts; naming every person advised not required where facts sufficiently disclose ingredients. Evidence – Exhibits – non-tendering of physical exhibits at plea stage does not necessarily vitiate convictions if facts from statements are read, explained and admitted. Sentencing – Discretion – custodial sentence without option of fine may be lawful even for first offenders depending on circumstances. Arrest and arraignment – Delay alone does not establish coercion absent supporting evidence.
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20 August 2024 |
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A material variance between the charge sheet and prosecution evidence vitiates the appellant's conviction.
Criminal law – Arson – Variance between charge sheet and prosecution evidence on material particulars (place of occurrence) – Material conflict vitiates proof beyond reasonable doubt – Substituted charge conflicting with evidence is fatal – Conviction and sentence quashed; immediate release ordered.
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19 August 2024 |
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A lease-termination dispute was contractual, outside the Land Tribunal’s jurisdiction, so its judgment was nullified.
Land law — Jurisdiction of District Land and Housing Tribunal — Termination of lease for breach is a contractual matter, not a title dispute — Tribunal lacked jurisdiction — Proceedings nullified and orders set aside.
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16 August 2024 |
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An application lacking mandatory particulars under Regulation 3(2) is incompetent and properly struck out.
Land procedure – Regulation 3(2) requirements – Form and mandatory particulars for land applications – Failure to state parties' addresses, land description, cause/time of action, and estimated value renders application incompetent and a nullity – Incompetent proceedings must be struck out; cannot be adjourned to cure.
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16 August 2024 |
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Consolidation of appeals was upheld; contested land and tree plantations held matrimonial property under section 114, and appeal dismissed.
Family law – Matrimonial property – Application of section 114 Law of Marriage Act to determine assets acquired during marriage as matrimonial property; Civil procedure – Appeals – Consolidation of separate appeals permissible absent prejudice; Appellate review – Second appeal cannot raise grounds not argued in first appeal; Maintenance and custody – Maintenance order sustained where appellant failed to show entitlement to custody.
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14 August 2024 |
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Restoration of dismissed land suit refused for lack of medical proof and unsupported hearsay.
Civil procedure — restoration of dismissed suit for non-appearance at mediation — requirement to show sufficient cause. Evidence — allegation of sickness must be substantiated (medical/chit or corroborative evidence). Evidence — hearsay inadmissible where persons with direct knowledge do not file affidavits. Procedure — parties must act diligently and obey court orders; applicant bears burden to prove good cause.
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14 August 2024 |
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Rectification under s.95–96 CPC cannot be used to convert a maintenance award into a monthly payment; application dismissed.
Civil procedure — Rectification of judgments (s.95–96 CPC) — Clerical error versus substantive alteration — Maintenance orders — Periodicity and duration of maintenance cannot be added by rectification; appeal or revision is proper remedy.
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13 August 2024 |
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Conviction from an imperfect guilty plea and omitted documentary evidence quashed; retrial ordered.
Criminal law – plea of guilty – equivocal versus unequivocal plea – circumstances rendering plea imperfect or unfinished. Criminal procedure – requirement to produce, read and explain documentary materials (e.g., caution statements, extra‑judicial statements) to the accused. Criminal procedure – accused should personally state facts admitted; failure to comply may vitiate conviction. Remedy – quashing conviction and sentence and ordering trial de novo where plea/record defective.
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12 August 2024 |
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Appeal dismissed: contradictions in appellant's evidence fatal; adverse possession unavailable where purchase is asserted.
Land law – ownership disputes – credibility of oral evidence and material contradictions; Adverse possession – not available where plaintiff asserts purchase; Civil procedure – locus standi – parties bound by their pleadings; Non-joinder – immaterial where primary claim not proved.
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12 August 2024 |
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Convictions quashed where identification, chain of custody and statutory consent to prosecute were defective.
Wildlife offences – unlawful entry, possession of government trophies and firearms – insufficiency of identification evidence and expert valuation. Evidence – identification of exhibits and firearms; expert evidence requiring demonstration of distinguishing characteristics. Evidence – chain of custody requirement for seized exhibits. Procedure – amended charge sheets lacking court endorsement. Jurisdiction – requirement of proper consent under Economic and Organized Crimes Control Act (section 26(1)); trial nullity where consent absent.
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9 August 2024 |
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Appeal predicated on a defective decree is incompetent and must be struck out; appellant must procure the correct decree.
Land dispute – defective decree – requirement that formal decree accord with judgment – duty on appellant to procure correct decree – incompetent appeal struck out – appellate court cannot adjourn or cure incompetence on record.
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9 August 2024 |
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High Court certified points on ward tribunal jurisdiction and non‑joinder of village council for Court of Appeal determination.
Land disputes — certification of points of law under s.47(2) — jurisdiction of Ward Tribunal under Written Laws (Misc. Amendments) Act No.3/2021 s.45 — non‑joinder of allocating authority (village council) as necessary party — re‑evaluation of evidence not pursued as a point of law.
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7 August 2024 |
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Appeal dismissed: trial court properly received child’s evidence and lawfully convicted on uncorroborated victim evidence.
Criminal law – Sexual offences – Statutory rape involving a child of tender age – Evidence of a child under section 127 Evidence Act and procedure for oath/affirmation; application of section 127(7) permitting conviction on uncorroborated child/victim evidence where credibility is satisfied and reasons recorded. Criminal procedure – Section 210(3) CPA – informing witnesses of right to have evidence read over. Evidentiary sufficiency – failure to call an alleged eyewitness not necessarily fatal where the court accepts the victim’s uncorroborated account.
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2 August 2024 |
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Appeal dismissed: insufficient evidence to increase maintenance or order equal division; trial court's 20/80 distribution affirmed.
Matrimonial property — division — extent of contribution is a question of evidence; equality requires proof of contribution. Maintenance — increase not warranted in absence of evidence of need and payer’s means. Appellate review — lower courts’ factual findings will not be disturbed without evidence. District court order quashed for failing to consider respondent’s income.
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2 August 2024 |
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Second appeal dismissed; concurrent factual findings and documentary evidence upheld, additional evidence not admitted.
Civil procedure – second appeal – concurrent findings of fact – not to be disturbed unless perverse, demonstrably wrong or result of misdirection. Evidence – documentary evidence (written loan agreement and confirmation) sufficient to prove debt on balance of probabilities. Evidence – relatives may testify; credibility, not number, determines weight. Admissibility – objection to unstamped documents cannot be raised for first time at second appeal if not previously raised. Procedure – late filing of submissions may be excused on sufficient explanation.
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2 August 2024 |
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Conviction quashed because prosecution failed to prove the applicant was the perpetrator beyond reasonable doubt.
Criminal law – Rape of a child under ten – mandatory life sentence; evidential standard for rape – victim’s uncorroborated testimony under s.127(6) Evidence Act; assessment of witness credibility; procedural defects (unsworn witness, undisclosed medical credentials); failure to call key witnesses undermining identification evidence.
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1 August 2024 |
| July 2024 |
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Rape conviction upheld for proven penetration and age; conviction for impregnating a schoolgirl quashed for lack of proof of paternity.
Criminal law – Statutory rape – proof of penetration and age as essential elements; identification at night where victim knew the accused. Criminal law – Impregnating a schoolgirl – prosecution must prove accused caused pregnancy; corroboration may be necessary. Criminal procedure – Delay in naming accused may be excused by reasonable explanation. Criminal procedure – Alibi requirements under section 194 CPA; compliance with section 210(3) CPA regarding reading evidence.
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30 July 2024 |
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Where a municipal offer of occupancy involves state interest, the Attorney General must be joined and the High Court has jurisdiction.
Land law; jurisdiction of subordinate tribunals; municipal grant/offer of right of occupancy; joinder of Attorney General and Municipal Council as necessary parties under the Government Proceedings Act; forum non conveniens between District Land and Housing Tribunal and High Court; nullity of proceedings for want of jurisdiction.
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29 July 2024 |
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Conviction for grievous harm upheld; identification and medical evidence sufficient despite judgment pronouncement irregularity.
Criminal law – grievous harm – identification at night – medical evidence of injury – judgment pronounced in accused's absence – section 311(4) Criminal Procedure Act – evaluation of defence evidence – admissibility and reliability of relatives' testimony.
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25 July 2024 |
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Applicant's unexplained delay and failure to account for each day warranted dismissal of extension of time to appeal.
Extension of time – discretion to grant extension – requirement to account for each day of delay; Land Disputes Courts Act s.41(2) – 45‑day appeal period from District Land and Housing Tribunal; insufficiency of affidavit/evidence to justify delay; res judicata context.
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24 July 2024 |
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Stay of execution granted where application was timely, security furnished (bank guarantee) and appeal has prima facie prospects.
Civil procedure – Stay of execution pending appeal – Conditions: reasonable time, risk of substantial loss, security for due performance – bank guarantee as security – rectification of defective guarantee.
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24 July 2024 |
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Conviction quashed where the central exhibit was inconsistently identified and prosecution conceded the appeal.
Criminal law – unlawful possession of firearm part – adequacy of identification of exhibits – inconsistent descriptions undermine admissibility and proof. Criminal procedure – prosecution concession – acceptance of concession where central exhibit is not properly identified – conviction quashed.
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22 July 2024 |
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Alleged failure to read assessors' opinions not established; appellant's appeal dismissed and tribunal decision upheld.
Land law; District Land and Housing Tribunal procedure; assessors' opinions — requirement to solicit and read assessors' written opinions before judgment; procedural irregularity and prejudice; distinguishing authorities where opinions were not recorded.
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22 July 2024 |
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Raising and deciding a new issue without recalling parties violated the right to be heard, rendering the execution decision null.
Land law – Execution proceedings – Tribunal raising suo motu issue on Ward Tribunal composition during judgment drafting – Right to be heard/fair hearing – Non‑compliance renders decision a nullity – Correct statutory provision on Ward Tribunal composition.
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22 July 2024 |
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Court overruled functus-officio objection and ordered the variation application to be heard inter partes.
Civil procedure — preliminary objection — must be pure point of law based on ascertained facts; not to touch judicial discretion or merits. Court jurisdiction — functus officio — Court not automatically barred from revisiting interim orders; vacating akin to review. Stay of execution — applicant must show irreparable loss not compensable by damages.
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22 July 2024 |
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Extension of time to appeal denied for failure to show good cause, diligence, and admissible evidence.
Criminal procedure – extension of time under s.379(2) CPA; good cause and diligence required; request for copies versus notice of intention to appeal; hearsay in enlargement applications – material persons must swear affidavits; ignorance of law and poor inter-office communication not good cause.
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19 July 2024 |
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Dismissal for overrunning speed track quashed; court extended speed track and remitted matter for trial.
Speed track disposal — Order VIII Rule 41 CPC (amendment 2022) — dismissal vs extension of speed track — withdrawal of advocate and amendment of pleadings — court/mediator absences and adjournments — requirement to evaluate root causes and proof of adjournments — remedy: quash dismissal and extend speed track.
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17 July 2024 |
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Appellant proved village land ownership on balance of probabilities; tribunal decision quashed for insufficient evaluation and wrongful document exclusion.
Land law – proof of ownership of village land – burden of proof on the party alleging title – standard: balance of probabilities. Evidence – no fixed number of witnesses required; weight and credibility govern proof. Evidence – admissibility of local/village allocation letters; documents may be tendered by person in possession. Procedure – assessors’ opinions to be filed/read before judgment in land tribunals.
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16 July 2024 |
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Applicant failed to account for delay and to prove alleged illegality, so extension of time to appeal was refused.
Extension of time – requirement to show sufficient cause and account for each day of delay; illegality in impugned decision may alone justify extension but must be proved; ex parte proceedings – consequences where respondent absent; duty to serve notice of judgment date; members' opinions and handling of member absence in tribunal judgments.
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16 July 2024 |
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A party lacking legal personality or authority has no locus standi to sue; such proceedings are incompetent and void.
Civil procedure – Locus standi – capacity to sue – business/group name without legal personality cannot sue in its own name – necessity of legal identity or incorporation. Civil procedure – Representative suits – individual must demonstrate authority to represent group members or guarantors; nebulous interests insufficient. Civil procedure – Misnaming of parties – improper naming may render proceedings incompetent and decree inexecutable. Remedies – Proceedings and judgments instituted by a party lacking legal or natural personality are nullities and liable to be quashed.
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15 July 2024 |
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Extension of time granted where delay was technical, caused by tribunal's late supply of the decree.
Civil procedure – extension of time – applicant must account for each day of delay – delay caused by tribunal’s failure to supply decree can constitute acceptable technical delay – diligence and prompt filing after supply of decree weighed in applicant’s favour.
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15 July 2024 |
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Extension of time granted where delay was caused by trial court's late supply of the judgment; appeal to be filed within 30 days.
Criminal procedure – extension of time to file appeal – section 361(1)(a),(b) and 361(2) Criminal Procedure Act – delay due to non-supply/delay in furnishing copy of judgment – applicant accounting for delay – consent/support by State Attorney – extension granted.
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15 July 2024 |
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Failure to renew a fixed‑term contract after suspension and acquittal amounted to unfair termination; complaint was timely.
Labour law — fixed‑term contract — failure to renew as termination under s.36(a)(iii); limitation — when time starts to run upon communication of non‑renewal; burden of proof on employer; allegations imputing criminality require higher standard of proof; remedy — 12 months' salary compensation and terminal benefits.
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12 July 2024 |
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Interpreter’s unsworn evidence expunged but rape conviction upheld on credible victim testimony.
Criminal law – Rape – Proof beyond reasonable doubt; Evidence – credibility and corroboration of complainant; Procedure – requirement that court interpreters be sworn; Unsound interpreter evidence expunged; Conviction may stand despite expunged medical evidence if victim testimony is credible.
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11 July 2024 |
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Revision cannot be invoked as an alternative to appeal where an appellate remedy exists; appeal struck out as incompetent.
Civil procedure — Revision vs appeal — Revisional jurisdiction not to be used as alternative to appellate jurisdiction when an appeal lies. Limitation/extension of time — Section 14(1) Law of Limitation Act — procedural competence where alternative remedy exists. Remedies against Ward Tribunal decisions — appeal to District Land and Housing Tribunal or application to set aside ex-parte judgment, not revision. Competency of appeal — court may strike out appeals seeking to clear way for improper procedural routes.
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10 July 2024 |
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Failure to notify a party of an ex-parte ruling's delivery vitiates the decision; retrial ordered.
Land procedure — ex-parte proceedings — duty to notify absent party of date of delivery of judgment — failure to inform vitiates decision; re-hearing inter partes before another chairperson ordered.
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9 July 2024 |
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Application for extension of time struck out for failure to join the Attorney General when suing local government bodies.
Government Proceedings Act s.6(3)-(4) – non-joinder of Attorney General – vitiation of proceedings; Civil procedure – competence of suit when suing local government bodies; Party joinder – requirement to sue correct legal person.
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8 July 2024 |
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Appeal allowed where visual identification evidence was insufficient under Waziri Amani; appellant ordered released.
Criminal law – Burglary and stealing – reliance on visual identification; Waziri Amani principles (light, duration, proximity, prior knowledge). Identification parade – necessity of corroboration and investigator’s evidence. Standard of proof – prosecution must exclude reasonable doubt on identity. Sentencing – correct maximum for night burglary under s.294(2) is 20 years.
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8 July 2024 |
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5 July 2024 |
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Ward tribunals' post-2021 mediation role precludes res judicata barring DLHT adjudication of land title.
Civil procedure – Res judicata – requires former decision to be by a court competent to try the subsequent suit. Land law – Ward Tribunal jurisdiction – 2021 amendments limit ward tribunals to mediation in land disputes; they lack competence to adjudicate title without required certification. Evidence – tribunal must base decisions on properly admitted and supported evidence; where prior judgment was relied upon but rendered by an incompetent forum, it cannot bar adjudication on merits. Remedy – nullification of judgment based on jurisdictional error and remittal for fresh decision on merits before competent chairperson.
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5 July 2024 |
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Conviction upheld on corroborated confession and medical evidence; DNA excluded and life sentence reduced to 30 years.
Criminal law – Unnatural offence – proof beyond reasonable doubt; corroboration of confession and medical evidence. Evidence – Human DNA (Regulation) Act – mandatory sampling procedures (s.30) and admissibility; exclusion of unlawfully obtained DNA evidence. Evidence – Caution/confessional statements – timing, absence of contemporaneous objection, voluntariness and weight. Procedure – omission to cite statutory provision in judgment – curable irregularity under s.388 Criminal Procedure Act. Sentencing – necessity to prove victim's age when it affects sentence severity.
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2 July 2024 |
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Non-parties to an executed decree may sue to establish land ownership; preliminary objection for lack of cause of action overruled.
Land law – cause of action – preliminary objection – execution of decree – non-parties entitled to sue to establish title – plaint amendment vs striking out.
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1 July 2024 |
| June 2024 |
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Absent evidence of unequal contribution, matrimonial assets are divided equally; appellate court erred in admitting additional evidence and reallocating shares.
Matrimonial property division; burden of proof on party alleging greater contribution; appellate courts should not admit fresh evidence unnecessarily; equal division where no evidence of differing contributions; family matter — each party to bear own costs.
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28 June 2024 |
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27 June 2024 |
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26 June 2024 |
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An executing tribunal may evict unauthorized structures on jointly owned land described by size in the decree.
Land law – Execution of decree – executing tribunal bound by decree and cannot add to or vary it – description by size sufficient for execution; Land law – Joint ownership – eviction of unauthorized structures erected by one co-owner for third parties on disputed parcel; Procedure – Enforcement under Land Disputes Courts Act s.16(3) and District Tribunal regulation rule 23(3).
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25 June 2024 |
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Sale of matrimonial land by one spouse without required consent is void; innocent purchaser not automatically protected.
Family law – Matrimonial property – Disposal of property acquired during marriage – Consent of both spouses required under Law of Marriage Act s59(1). Land law – Protection of matrimonial assets – Applicability of Land Act s161(3)(b) and duty of purchaser to exercise due diligence. Civil procedure – Ownership claims – Tribunal's declaration of ownership void where sale is null for lack of required consent.
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20 June 2024 |
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Extension of time granted where apparent illegality (jurisdiction and lack of notice of ex‑parte judgment) justified the delay.
Civil procedure – extension of time – sufficient cause where illegality is apparent on the face of the record; Ward tribunal jurisdiction – challenge to jurisdiction and effect on validity of ex‑parte judgment; Notification of ex‑parte judgment – failure to notify may excuse delay; Authorities: Lyamuya principles and Stanzia Stanley Kessy applied.
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14 June 2024 |