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Citation
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Judgment date
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| November 2025 |
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Tribunal rightly found appellant’s title issued by mistake and affirmed respondent’s ownership; appeal dismissed.
Land law – title deed not conclusive where title issued by mistake; burden of proof in ownership disputes; assessors’ opinions are not binding on the trial judge; joinder of land authorities required only where issuance, revocation, or registry/survey records are directly challenged.
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14 November 2025 |
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Second appeal upheld liability under a signed agreement; privity, mistake and duress defenses failed; appeal dismissed with costs.
Contract law – privity of contract; validity of subsequent agreement (Exhibit P1) – duress, mutual mistake and unlawful consideration under Law of Contract Act ss.20,24; scope of second appeal – interference with concurrent findings of fact; joinder of necessary parties; procedural application of Evidence Act and Civil Procedure Code.
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11 November 2025 |
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Survey renumbering left ownership unchanged; plaintiff owns Plot 298/620 and council must remedy registry errors or enforce vacation.
* Land law – title and allocation – allocation letter and registry records establishing ownership. * Land surveying – effect of preliminary (demarcation) and approved surveys; renumbering without change of ownership. * Trespass – development in good faith does not negate trespass. * Remedies – transfer of alternative plot and supervisory role of local council to cure registry/survey errors.
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7 November 2025 |
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Court granted injunction preserving the land’s condition and prohibiting alterations pending expiry of the 90‑day statutory notice.
* Administrative/Government proceedings – 90-day statutory notice under the Government Proceedings Act – interim protection pending expiry of notice.
* Interim relief – maintenance of status quo – Atilio v Mbowe test: serious triable issue, risk of irreparable harm, balance of convenience.
* Property law – scope of status quo injunction: prohibition on adding or removing structures or altering title/possession.
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7 November 2025 |
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Appointing court became functus officio; non-party must seek revision, not set-aside, against dismissal for non-payment.
* Probate and administration — appointment of administrator — ex‑parte appointment — functus officio once judgment/appointment delivered. * Civil procedure — dismissal of caveat for non-payment of fees — lack of locus standi of objector who was not a party to the probate cause. * Remedies — challenge to dismissal for non-payment is by revision/appeal, not by improper application to set aside an ex‑parte appointment or speculative revocation. * Jurisdiction — trial court exceeded jurisdiction by deciding land ownership within probate proceedings; separate suit/tribunal appropriate.
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7 November 2025 |
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Applicant's allegation of illegality and conflict did not justify extension of time; appeal dismissed.
Civil procedure — extension of time — discretion governed by Lyamuya criteria; Illegality as ground for extension — must be of sufficient importance and apparent on the face of the record; Locus standi — issue raised and decided at trial cannot automatically justify extension; New issues on appeal — not entertained if not raised below; Applicant failed to account for delay; Appeal dismissed with costs.
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7 November 2025 |
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Unexplained delay in arraignment rendered the guilty plea unsafe, leading to quashing of conviction and order for retrial.
* Criminal procedure – Plea of guilty – Validity – Effect of unexplained delay in arraignment. * Criminal Procedure Act (section 32(1)) – duty to bring arrested person before court promptly. * Admissibility/weight of cautioned statements and pleas where statutory time-limits breached. * Remedy – quashing conviction and retrial before different magistrate.
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6 November 2025 |
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Execution order against non-parties and reliance on uncertified BRELA extract rendered execution proceedings nullity.
Civil procedure – Revision of subordinate court proceedings – Execution order – Execution against non-parties – Requirement to pierce corporate veil before personal liability – Admissibility of documentary evidence (uncertified photocopy of BRELA extract) – Principles of natural justice (condemnation unheard) – Material irregularity vitiating execution.
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6 November 2025 |
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Appellate court expunged irregular locus and documentary evidence, upheld respondent’s ownership, and dismissed appellant’s unpleaded ownership claim.
* Land law – ownership dispute – assessment of oral and documentary evidence; locus in quo visit must follow procedural safeguards.
* Evidence – locus in quo irregularity vitiates locus evidence; documents admitted must be read over and explained to opposing party.
* Succession/estate law – claims based on inheritance require proof of proper administration and distribution of the deceased’s estate.
* Civil procedure – reliefs not pleaded (counterclaim) cannot be granted by court; appellant cannot obtain declaratory title on appeal without counterclaim.
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6 November 2025 |
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High Court quashed a contradictory district court judgment and restored the trial court’s dismissal for insufficient evidence.
* Civil procedure – limitation (prescription) – oral contracts under GN No. 311/1964 (item 5(b)) – requirement to plead and prove date when cause of action arose.
* Primary Court practice – mandatory particulars in Form No.2 (GN.943/2020) – place, date and value of claim.
* Appellate review – consequences of contradictory first appellate judgments (nullification vs reversal).
* Evidence – burden on claimant in Primary Court to prove case on balance of probabilities; insufficiency and material inconsistencies.
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5 November 2025 |
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Primary court probate jurisdiction depends on the deceased’s mode of life, not merely a recorded professed religion.
Civil procedure – second appeal – limits of second appellate jurisdiction; Probate law – jurisdiction of Primary Court in administration of estates; Mode of life test – applicable law for estate administration determined by deceased’s mode of life, not mere professed religion; Probate court’s limited powers – appointment of administrator vs determination of heirs/distribution (Peter Augustino Mrema).
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4 November 2025 |
| October 2025 |
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Substituting charges without complying with s251 CPA prejudices the accused; conviction quashed and appellant released.
* Criminal Procedure Act s.251 – Amendment/substitution of charge – mandatory procedures (leave of court, endorsement, reading and explanation, plea, rights to recall witnesses) must be observed.
* Fair trial – Right to be informed of and exercise rights when charge altered; prejudice from non-compliance is fatal to prosecution.
* Procedural irregularity – Late substitution of charge without court order or proper record renders conviction unsafe.
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28 October 2025 |
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Appellant failed to prove ownership of unsurveyed land; tribunal’s locus in quo procedure flawed but error not decisive.
Land law – ownership of unsurveyed land – burden of proof on claimant; Pleadings – necessity to plead size and boundaries; Locus in quo – procedural requirements for site visits; Credibility – inconsistencies in oral evidence and effect on proof of title; Documentary evidence – weight of sale agreement in absence of title deed.
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27 October 2025 |
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Attachment-before-judgment dismissed for speculative evidence; locus standi upheld despite typographical name error.
Civil procedure – Attachment before judgment – Order XXXVI r. 6(1)(b) – Requirement of cogent, tangible evidence that defendant is about to remove or dispose of property – Speculation insufficient; locus standi – minor typographical name error curable by amendment – Application dismissed as premature.
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27 October 2025 |
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An appeal filed directly in the High Court instead of via the district court is incompetent and was struck out.
Criminal procedure – Appeal competence – Appeal to High Court must be by petition filed in the district court under Magistrates' Courts Act s.25(3) and (4) – District court duty to dispatch record – Non‑compliance renders appeal incompetent.
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24 October 2025 |
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Court declared the registered owner by letter of offer and recognized a subsequent June 2021 sale, awarding costs against absent trespassers.
Land law – title by letter of offer – proof of ownership – admissibility and weight of registry records; sale agreement validated at Attorney General’s office; absence of defendants and consequences; costs against trespassers.
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23 October 2025 |
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Extension‑of‑time application in criminal appeal struck out for fundamental defects and incompetence.
Criminal procedure — application for extension of time to appeal — competence — misnaming parties and inclusion of discharged defendant; Law of Limitation Act not applicable to criminal matters; affidavit referring to third party without sworn support (hearsay); preliminary objection from the bar on points of law where no reply affidavit filed; amendment vs. striking out when defects go to foundation of application.
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22 October 2025 |
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Conviction for possession of government trophies overturned for defective chain of custody and insufficient proof.
* Wildlife offences – Unlawful possession of government trophy – proof beyond reasonable doubt required. * Evidence – Identification and chain of custody of exhibits – marking at scene, continuity of possession, and receipts. * Admissibility – valuation evidence must link tendered exhibit to seized item. * Criminal appeal – procedural irregularities in exhibit handling may render conviction unsafe.
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21 October 2025 |
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An appeal is time-barred if court fees are paid after the court-ordered filing deadline; appeal dismissed with costs.
* Civil procedure — Filing of appeals — Filing date is the date of payment of court fees; late payment beyond court-ordered extension renders appeal time-barred. * Electronic filing/eCMS downtime — inability to pay on deadline due to system downtime does not necessarily excuse late filing absent statutory or equitable relief. * Appeal — substantive grounds not considered where appeal is time-barred.
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21 October 2025 |
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Delay was not an excusable technical delay and extension of time to appeal was refused.
Extension of time — discretion guided by Lyamuya factors — requirement to account for entire delay; technical delay defined as filing timely appeal later found incompetent; execution of decree — executing court cannot alter original decree; functus officio of trial court.
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21 October 2025 |
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Application to amend High Court judgment struck out as incompetent because an appeal was pending in the Court of Appeal.
• Civil procedure – competence of proceedings – effect of lodging notice of appeal; High Court ceases jurisdiction once appeal record is in Court of Appeal.
• Civil procedure – amendment of judgment – application under sections 105 and 106 CPC incompetent while appeal pending.
• Remedies – incompetent application struck out where incompetence raised preliminarily; parties to bear own costs where court raised issue suo motu.
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17 October 2025 |
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Cause of action accrued on contract completion; non‑periodic obligations do not create continuing breach, suit time‑barred.
* Limitation of actions – Contract claims – Item 7 Part I Schedule, Law of Limitation Act – six‑year limitation period. * Continuing breach – section 7 Limitation Act – requirement of periodic obligations for restarting limitation. * Correspondence/acknowledgement – negotiations or promises to pay do not stop limitation. * Accrual – cause of action accrues when contractual payment becomes due.
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17 October 2025 |
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Petitioner had locus standi but failed to prove vote irregularities beyond reasonable doubt; annulment reversed.
* Election law – locus standi of petitioner – candidate status may be established by credible oral testimony where election documents are destroyed. * Evidence – burden in election petitions is heavy: proof beyond reasonable doubt and proof of magnitude/effect of irregularities required. * Proof – oral evidence admissible if documents destroyed, but must quantify disparity and identify affected polling stations. * Procedure – courts must confine findings to pleaded issues and properly evaluate and summarize defence evidence.
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16 October 2025 |
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Admission and pleadings control recovery: signed/accepted document and oral admission sustain debt claim, but relief limited to pleaded amount.
Civil procedure – pleadings limit relief – claimant cannot recover beyond pleaded sum; evidentiary admissions – party’s oral admission and acceptance of document (exhibit) can cure witness contradictions; admissibility and sanctity of contract documents; evaluation of witness credibility and concurrent findings.
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13 October 2025 |
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Plaintiff failed to prove lawful ownership of disputed land; plaint dismissed with costs.
Land law — proof of title — letters of offer — authenticity and validity of land allocation documents; absence of certificate of occupancy or survey record undermining claim; evidentiary burden in land disputes; failure to plead and failure to call material witnesses; credibility of land officer testimony.
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13 October 2025 |
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Where affidavit defects render an application incompetent, the proper remedy is striking out, not dismissal.
Civil procedure – affidavits – expunging paragraphs containing third‑person statements – effect on competence of application; striking out vs dismissal – incompetent matter should be struck out, dismissal implies decision on merits; revision under s.31 Magistrates Courts Act.
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13 October 2025 |
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Applicant failed to plead or prove title; tribunal’s credibility findings upheld and appeal dismissed with costs.
Land law – burden to plead and prove title – plaintiff must plead how land was acquired; evidence evaluated on balance of probabilities; credibility findings of trial tribunal entitled to deference; administratrix appointment does not prove estate ownership; appellate interference with factual findings requires demonstrable error.
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10 October 2025 |
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An equivocal guilty plea lacking the victim's age (an essential element) vitiated the conviction and sentence.
Criminal law – Plea of guilty – requirement that prosecution state facts establishing all elements of the offence – statutory rape: victim’s age an essential element – equivocal/defective plea vitiates conviction – conviction and sentence quashed.
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8 October 2025 |
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The tribunal lawfully executed its decree under Regulation 23; a prematurely filed, unprosecuted objection did not vitiate the eviction order.
* Land law – Execution of tribunal decrees – Regulation 23 of the Land Disputes Courts (District Land and Housing Tribunal) Regulations governs execution procedure.
* Civil Procedure Code – Limited application to tribunal matters; CPC applies only where regulations are silent (s.51(2) Land Disputes Courts Act).
* Civil procedure – Right to be heard – Objection filed before 14-day compliance period is premature and may be disregarded if not prosecuted.
* Procedural fairness – Failure to appear and prosecute an objection can amount to delay and justify ex parte execution orders.
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7 October 2025 |
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Extension improperly granted to seek revision of a closed probate; closed probate cannot be reopened by trial court revision.
* Probate — Closed administration — Limited power to reopen closed probate files; trial court generally lacks jurisdiction once administration is concluded.
* Extension of time — Forum and remedy must be appropriate; extension to pursue revision in a closed probate was wrongly granted.
* Illegality — Alleged fraud or irregularity in probate does not automatically permit reopening by revision in the trial court; civil or criminal remedies and higher court review are available.
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7 October 2025 |
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A review application filed after the 60-day limitation without extension is incompetent and struck out for being time-barred.
* Limitation of actions – Review applications – 60-day filing period – strict compliance required.
* Computation of time – whether time spent prosecuting other proceedings may be excluded – exclusion only where prior proceedings were before an incompetent court.
* Jurisdiction – Court lacks jurisdiction to entertain applications filed after prescribed period without granted extension.
* Requirement for extension of time – necessary where filing occurs after expiry of limitation period.
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6 October 2025 |
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Variance between the charge and prosecution evidence rendered the conviction unsafe; appeal allowed, conviction quashed and sentence set aside.
Criminal law – Unnatural offence; variance between charge and evidence; material contradiction vitiating conviction; child complainant evidence; right to fair trial – failure to summon defence witnesses; inadvisability of retrial where prosecution case is materially defective.
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6 October 2025 |
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Accused convicted of murder on reliable child identification and post‑mortem evidence, sentenced to death by hanging.
Criminal law – Murder: visual identification standards (Waziri Amani) applied to a child eyewitness; post‑mortem evidence of fatal cut wounds; alibi under section 200 CPA given no weight where positive identification and corroborating evidence exist; malice aforethought inferred from weapon, injury location and conduct; sentence — death by hanging under section 97 Penal Code.
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3 October 2025 |
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2 October 2025 |
| September 2025 |
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Extension of time granted where uncontroverted trial irregularities (illegality) warranted appellate review.
Land law — Extension of time (s.41(2) LDCA) — Alleged illegality in tribunal proceedings (lack of assessors' opinions; change of assessors; relief without counter-claim) — Uncontroverted affidavit averments deemed admitted — Illegality may justify extension of time to enable appellate scrutiny.
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30 September 2025 |
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Plaintiffs failed to prove ownership of disputed land; compensation claim dismissed and each party to bear own costs.
Land law – proof of ownership – requirement to plead and prove adequate description/boundaries or title for immovable property claims (Order VII r.3 Civil Procedure Code); possession/graves/crops insufficient to establish legal ownership; compensation contingent on proof of ownership; failure to plead/identify land may defeat land claim.
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30 September 2025 |
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High Court restored trial court's divorce, 70/30 property division and TShs100,000 maintenance, quashing the district court's orders.
Matrimonial property — division of matrimonial assets — requirement to prove contribution; Divorce — validity of trial court's decree and appellate quashing; Maintenance — assessment of parental financial capacity and evidentiary proof; Evidence — weight of documentary proof (salary slips, bank statements) versus uncorroborated oral claims.
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30 September 2025 |
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Improperly admitted police statement expunged, but victim and medical evidence sufficed to convict the respondent.
* Criminal law – Unnatural offence (s.154(1)(a), (2)) – elements and proof. * Evidence – improper admission of previous statement; procedure for impeaching witnesses (Lilian Jesus Fortes; Evidence Act ss.154,164). * Witness credibility – material versus minor contradictions; child complainant credibility. * Medical corroboration – PF3 findings of anal sphincter laxity, bruises and swelling. * Appellate powers – substitution of acquittal with conviction under s.404 CPA.
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30 September 2025 |
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Failure to account for delay and absence of supporting affidavits justified refusal to enlarge time to appeal.
Criminal procedure — Extension of time to lodge appeal — Applicant must account for each day of delay; delay must not be inordinate; material persons (e.g., prison admission officer) mentioned in affidavits must swear their own affidavits; inconsistency or falsehood in affidavits defeats application for enlargement of time.
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29 September 2025 |
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Appeal struck out as incompetent because the notice of intention to appeal was time‑barred and no extension was granted.
Criminal appeal — Competency — Notice of intention to appeal — Requirement for extension of time where notice is late — Time‑barred/defective notice vitiates appeal and deprives court of jurisdiction; parties must ensure procedural documents comply with rules.
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24 September 2025 |
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Omission to state right of appeal and late filing of reply do not invalidate an appellate judgment absent shown prejudice.
* Probate law – appointment of administrator – family meeting appointment and primary court letters of administration; * Civil procedure – filing of replies after court-ordered deadline – necessity to specify which pleading and applicable rules; * Civil procedure – alleged erroneous ratio decidendi – requirement to identify specific error affecting outcome; * Right of appeal – failure to inform parties of right to appeal does not automatically invalidate judgment or constitute denial of natural justice.
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24 September 2025 |
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Court struck out land suit because plaintiffs alleging only residency lacked locus standi to sue.
Land law – locus standi – whether allegation of being a ‘natural resident’ suffices to institute a land suit; Pleadings – requirement to disclose cause of action and legal interest in land; Civil procedure – preliminary objection – pure point of law; Remedy – incompetence leads to striking out the suit with costs; Second limb (limitation) not decided.
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23 September 2025 |
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Revision cannot substitute for an appeal; non-joinder leading to condemnation unheard warrants setting aside proceedings.
Land law – revision v. appeal – limits of revisional power; right to be heard – non-joinder of interested party; curable misnomer – slip rule; jurisdiction and propriety in revisional review.
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18 September 2025 |
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Failure to supply tribunal proceedings constituted sufficient cause to grant extension of time to appeal.
* Civil procedure – extension of time to file appeal – applicant’s failure to obtain tribunal proceedings – whether non‑supply of proceedings constitutes sufficient cause for extension.* Extension of time – factors to consider: length of delay, account of all days, diligence, and existence of an arguable illegality (which must be pleaded).* Illegality – must be pleaded and of sufficient importance to warrant extension.
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16 September 2025 |
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The High Court quashed a rape conviction due to contradictory testimonies, uncorroborated evidence, and failure to call key witnesses.
Criminal law – rape – proof beyond reasonable doubt – contradictions in prosecution evidence – failure to call material witnesses – credibility of complainant – adverse inference for failure to call witnesses – circumstantial evidence – quashing of conviction.
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12 September 2025 |
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Failure to attach a mandatory Swahili translation renders an appeal incompetent and subject to being struck out, not dismissed.
Land law – appeals – language of court documents – mandatory requirement to provide Swahili translation – effect of omission – functus officio – striking out incompetent proceedings
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12 September 2025 |
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A tribunal’s judgment granting land ownership in the absence of a counterclaim and sufficient property description is set aside.
Land law – identification and description of disputed property – sufficiency of pleadings – relief without counterclaim – limitation of actions – setting aside tribunal's decision for non-compliance with procedural requirements.
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10 September 2025 |
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Conviction quashed where variance between charge and evidence raised reasonable doubt in prosecution's case for unnatural offence.
Criminal law – unnatural offence – variance between charge and evidence – credibility of prosecution witnesses – burden of proof – reasonable doubt must benefit accused – evidentiary discrepancies and delayed reporting.
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9 September 2025 |
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An application for extension of time to appeal was struck out due to a defective notice of intention to appeal.
Criminal Procedure – Extension of time to appeal – Notice of intention to appeal – Defective notice – Application struck out for incompetence.
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8 September 2025 |
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An appeal was struck out as incompetent due to failure to file timely notice of intention to appeal as required by law.
Criminal procedure – appeals – notice of intention to appeal – mandatory ten-day period – incompetency of appeal for non-compliance with statutory time limits – explanations for delay must be supported by evidence.
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8 September 2025 |