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Citation
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Judgment date
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| December 2014 |
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Ward Tribunal proceedings that fail statutory composition and procedural requirements are void, rendering its judgment a nullity.
* Land law – validity of sale of clan/village land – compliance with Village Land Act requirements and village council approval. * Tribunal procedure – Ward Tribunal composition and coram – Sections 11 and 14 of the Land Disputes Courts Act. * Procedural irregularities – effect of defective tribunal proceedings – nullity of judgment. * Right of redemption – claimed by clan/caretaker where sale allegedly irregular.
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16 December 2014 |
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Ward Tribunal proceedings that fail statutory composition and procedural requirements are void and cannot support a decision.
* Administrative law – Tribunal procedure – Ward Tribunal composition and procedure – Non-compliance with Sections 11 and 14 of the Land Disputes Settlement Act renders proceedings void.
* Land law – Village/clan land – Alleged sale and statutory formalities under the Village Land Act (approval requirements) and claim of right of redemption.
* Appeals – Appellate review – Appellate tribunal should not confirm judgments founded on procedurally defective tribunal records.
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16 December 2014 |
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Appellants' robbery conviction upheld on corroborated eyewitness and police evidence; sentence reduced to ten years.
Criminal law – robbery with violence – possession of stolen property – identification and corroboration – burden on prosecution – admissibility of exhibits/cautioned statements where no objection – flagrante delicto – sentence substituted to conform with statutory requirements.
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16 December 2014 |
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Circumstantial evidence and unnotified alibi: court convicted the accused of murder and imposed death sentence.
Criminal law – Murder – circumstantial evidence – requirement that circumstances be inconsistent with innocence – identification parade – admissibility and weight of eyewitness ID – alibi notice under s.194(4)-(6) Criminal Procedure Act – recovered weapon as circumstantial link.
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12 December 2014 |
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Circumstantial evidence and identification parade sufficed to convict the accused of murder; alibi rejected for non‑compliance.
* Criminal law – Murder – Circumstantial evidence – last seen with deceased, weapon found at grave, disappearance after death – sufficiency to prove guilt and malice aforethought.
* Evidence – Identification parade – weight and reliability of witness identification.
* Criminal Procedure – Alibi – failure to give statutory notice under section 194(4)-(6) – discretion to accord no weight.
* Trial procedure – Assessors’ opinion – trial judge entitled to disagree and convict on sound evidence.
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12 December 2014 |
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Criminal trespass prosecution improper where land ownership is unresolved; procedural appeal defects led to quashing of proceedings.
Criminal law – Trespass: where ownership of land is disputed ownership must be finally determined in civil proceedings before criminal trespass prosecution; Procedure – Appeals from Primary Courts: petition must comply with formal requirements (signature, filing date, correct parties) and involve the Republic (s.34(1)(b) Magistrates’ Courts Act); Juvenile procedure – age must be ascertained and voir dire conducted where required.
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5 December 2014 |
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Conviction for malicious damage upheld; ownership disputes must be resolved in civil court.
Criminal law — Malicious damage to property — proof of destruction and intent; ownership dispute — irrelevant to criminal liability and to be determined in civil proceedings; sentencing — fine within statutory limits confirmed under s.170(2)(c) Criminal Procedure Act.
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5 December 2014 |
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Conviction unsafe due to unreliable night identification, unexplained delay and improper burden-shifting by the trial court.
* Criminal law – causing grievous harm – requirements for proof beyond reasonable doubt; * Visual identification – Waziri Amani test – night-time identification and need for contemporaneous description; * Evidence – unexplained delay in naming/arrest of suspects affects witness credibility; * Procedure – burden of proof remains on prosecution; improper shifting is fatal to conviction; * PF3/medical report – admissibility concerns where alterations alleged (issue noted but conviction primarily overturned on identification and burden grounds).
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1 December 2014 |
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Appellate court quashed conviction because identification was unsafe, delay undermined credibility, and burden of proof had been shifted.
* Criminal law – causing grievous harm – requirement that prosecution prove guilt beyond reasonable doubt. * Evidence – visual identification – application of Waziri Amani safeguards for night identification and need for contemporaneous descriptions. * Evidence – unexplained delay in naming/arresting suspects may affect witness credibility. * Burden of proof – prosecution’s duty; trial court must not shift onus to accused. * Documentary evidence – admissibility/authentication issues in PF3 when alterations alleged.
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1 December 2014 |
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Conviction quashed where identification unreliable, unexplained delays undermined credibility and burden of proof was shifted.
* Criminal law – proof beyond reasonable doubt – prosecution must establish guilt to the required standard.
* Evidence – visual identification – Waziri Amani safeguards; absence of description undermines identification evidence.
* Evidence – unexplained delay in naming/arrest of suspects may impeach witness credibility.
* Criminal procedure – burden of proof remains on prosecution; trial court must not shift burden to accused.
* Documentary evidence – PF3 challenged for alterations but overall conviction failed on credibility and identification grounds.
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1 December 2014 |
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Appeal allowed: unsafe night-time identification and unlawfully obtained cautioned statements led to quashing of conviction.
* Criminal law – Identification evidence – visual ID at night – need for evidence of lighting and descriptive particulars to exclude mistaken identity. * Criminal procedure – Cautioned statements – statutory time limit for recording statements; requirement for trial-within-a-trial when statement is repudiated. * Evidence – contradictions in witness testimony – distinguishing minor inconsistencies from contradictions going to root of case. * Remedy – conviction vitiated where central evidence is unsafe.
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1 December 2014 |
| November 2014 |
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Appeal allowed: courts must value matrimonial assets and properly assess contributions before dividing them on divorce.
Matrimonial property — division on divorce — mandatory valuation under s.114(1) Law of Marriage Act — proof of contributions — matrimonial misconduct must be proved to reduce entitlement — Islamic customary parting gift misapplied without asset valuation.
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27 November 2014 |
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Appellate court upheld conviction for sodomy of a five‑year‑old, finding child testimony and medical evidence sufficient.
* Criminal law – Unnatural offence (sodomy) involving a child of tender years – requirement of penetration and proof of dangerous harm via medical evidence. * Evidence – competence and credibility of child witness; voir dire procedure. * Evidence Act s.127(7) – uncorroborated evidence of a child may sustain conviction if court records reasons and is satisfied of truthfulness. * Identification – reliability where victim knew accused and incident occurred in daylight. * Failure to call other witnesses – not fatal absent suggestion of material evidence they would give.
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26 November 2014 |
| October 2014 |
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Matrimonial presumption of ownership upheld; occupation found but rental-arrears award quashed for lack of tenancy proof.
* Family/matrimonial property – presumption that property acquired during marriage is matrimonial under s.60 Law of Marriage Act – burden on party alleging sale to displace presumption. * Evidence – higher burden to prove alienation/sale; documentary proof required. * Possession/occupation – factual finding of occupation and use for business despite absence of written tenancy. * Rent claims – absence of tenancy agreement or proved tenancy terms defeats claim for rental arrears. * Relief – partial allowance: quashing of rent award; affirmation of respondent’s right to possession.
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22 October 2014 |
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Appellate court quashed a district land tribunal award for exceeding prayers and failing to analyse submissions, remitting the case.
* Land law – Appeals from District Land and Housing Tribunal – Awards exceeding prayers – Failure to analyse submissions – Quashing of tribunal order and setting aside awards – Remittal for final determination – Status quo ante – Costs follow cause.
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22 October 2014 |
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Interim tribunal orders granting substantive relief without a timeframe are improper and may be quashed and remitted for final determination.
Land law – Interim/interlocutory orders – Whether an order permitting cultivation and restraining parties is interlocutory or final – Interim orders should not contain substantive awards without a specified timeframe or scheduling order – Appealability of interlocutory orders – Duty to analyse parties’ submissions.
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22 October 2014 |
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A conviction based on charges that fail to cite the statutory offence and comply with CPA requirements is defective and appealable.
* Criminal law – charge‑framing – statutory requirements under section 135 CPA – statement of offence must, when offence is created by enactment, refer to the section creating the offence. * Criminal procedure – judgment requirements – section 312(1) CPA requires specification of the offence and the section of law under which conviction is entered. * Conviction and sentence – defective charge and non‑compliant judgment render conviction unsustainable.
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20 October 2014 |
| September 2014 |
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A guilty plea must be informed and unequivocal; failure to explain the offence and tender exhibits vitiated the convictions.
Criminal procedure – plea of guilty – requirement that plea be unequivocal and informed – duty to explain ingredients of offence under s.228 CPA – insufficiency of facts and failure to tender exhibits – prior discharge and effect on subsequent plea – retrial ordered.
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19 September 2014 |
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Belated claim of prior marriage cannot invalidate an admitted customary marriage; appeal dismissed and orders upheld.
Civil procedure — Additional evidence on appeal (Order XXXIX r.27 CPC) — Matrimonial law — Validity of customary marriage; effect of alleged prior Christian marriage — Marriage Act provisions on polygamy and conversion — Division of matrimonial property — Child maintenance.
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8 September 2014 |
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Appellant's belated claim of prior Christian marriage failed; customary marriage upheld and appeal dismissed with costs.
Civil procedure – appeal – adducing additional evidence on appeal (Order XXIX Rule 27 CPC); Family law – Law of Marriage Act (sections 9, 10, 11) – validity and conversion of customary and polygamous marriages; Matrimonial property – division of house; Credibility and failure to raise evidence at trial.
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8 September 2014 |
| July 2014 |
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Tribunal's summary eviction based on a letter was unlawful; respondent lacked legal personality to sue in its own name.
Land law – Summary eviction – Summary procedure under Order XXXV Civil Procedure Code – suits must be instituted by plaint endorsed "SUMMARY PROCEDURE"; Natural justice – right to be heard – unlawful eviction without formal procedure; Corporate capacity – political party not a juristic person in its own name – only Registered Trustees may sue or be sued; Agency – acts by unauthorised ward secretary; Ratification – trustees' adoption validates voidable contract.
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16 July 2014 |
| June 2014 |
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Applicant who paid and terminated the worker was held to be the employer; respondent’s salary-arrears claim upheld.
* Employment relationship – indicators of employment where worker is paid and terminated by party claiming not to be employer – statutory presumptions and ILO Recommendation relied upon.
* Burden of proof – absence of written contract under s.15(6) shifts burden to employer to disprove alleged terms.
* Labour adjudication – CMA award for salary arrears, leave and notice upheld on evidential basis.
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19 June 2014 |
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Employer found liable where they paid and terminated worker despite committee recruitment; CMA award upheld.
Employment relationship — indicia of employment (payment, control, termination) — presumption in favour of employee where no written particulars — burden on employer to produce contract — entitlement to salary arrears and benefits.
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19 June 2014 |
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Unsigned CMA forms are a curable procedural irregularity; arbitrator should have allowed amendment and matter was referred back to CMA.
* Labour law – procedural requirements – Rule 5(1) GN. No. 64/2007 requires pleadings to be signed; lack of signature is procedural and curable by amendment.
* Administrative law – powers of arbitrator – duty to guide parties to cure procedural defects rather than dismissing proceedings.
* Revision – Labour Court may nullify CMA proceedings affected by material irregularity and refer matters back to CMA to commence afresh out of time under s.94(3)(a)(ii).
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19 June 2014 |
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Referral to CMA was timely; dismissal was substantively and procedurally unfair; compensation reduced to 12 months.
* Labour law – unfair termination – time bar for referral to CMA – computation of 30 days excluding first day and weekends (GN 64/2007). * Labour law – substantive fairness – employer’s working conditions contributing to loss may negate sole employee liability. * Labour law – procedural fairness – requirement for proper investigation and production of investigation report at disciplinary hearing (Section 37(2)(c); Rule 13 GN 42/2007). * Remedies – arbitrator’s discretion on compensation reviewable where award is speculative; court reduced award and ordered contractual entitlements.
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18 June 2014 |
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Applicant's revision failed; respondent unlawfully terminated on probation due to applicant's failure to prove probation terms.
Labour law – service of CMA summons and representation – right to be heard; probationary employment – duty to specify probation terms and termination procedure (GN.42/2007 r.10) – procedural and substantive unfair dismissal – review of CMA award.
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18 June 2014 |
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An uncorroborated accomplice confession cannot sustain conviction; unfair dismissal lacking proper investigation led to reduced speculative compensation.
* Criminal law – Evidence – Conviction based on accomplice’s confession – Uncorroborated accomplice evidence cannot safely support conviction.
* Labour law – Time limits – Computation of 30-day referral period to CMA; exclusion of first day and weekends.
* Labour law – Fair procedure – Requirement for adequate investigation and proper disciplinary hearing (Rule 13 GN.42/2007; s.37 Employment and Labour Relations Act).
* Labour law – Remedies – Arbitrator’s discretion on compensation must be justified by evidence; speculative awards may be varied on revision.
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18 June 2014 |
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Ward Tribunal proceedings found forged and non-compliant with statutory composition requirements, rendering the decision null and void.
* Land law – Ward Tribunal procedure – mandatory statutory composition and quorum under s.11, Land Disputes Courts Act – non-compliance invalidates proceedings. * Evidence – forged/altered proceedings – effect of alterations on validity of tribunal judgment. * Remedies – declaration of nullity and allowance to institute fresh suit. * Representation – allowance of lay representative under s.30 of the Act.
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18 June 2014 |
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High Court declared Ward Tribunal proceedings void for forged/irregular records and failure to meet mandatory tribunal composition requirements.
Land law – Ward Tribunal proceedings – Mandatory composition and record-keeping – Non-compliance with statutory coram and gender requirements – Forged/altered proceedings – Nullity of judgment – Remedy: fresh suit; costs each party.
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18 June 2014 |
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Revision allowed only to increase 2006 overtime award; other CMA-settled claims or unproven years dismissed.
Labour law – overtime entitlement and calculation; evidence requirement for overtime claims; finality of CMA mediation settlements; inadmissibility of issues not raised before CMA.
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18 June 2014 |
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High Court upheld CMA finding that health‑related termination was procedurally and substantively unfair under incorporated staff regulations.
Labour law – unfair termination for ill‑health – construction and applicability of staff regulations incorporated into contract terms – sick‑leave entitlements versus statutory minima (Section 32 ELRA) – review of CMA award under Section 91(1)(b) ELRA and Labour Court Rules.
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18 June 2014 |
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Court upheld CMA finding of procedural and substantive unfair dismissal and dismissed the employer's revision application.
Labour law — Revision of CMA award under s.91(1)(b) ELRA — Procedural and substantive unfair dismissal — Relevance of appointment/confirmation letters and staff regulations — Sick‑leave entitlements and proof — Standard of review of arbitral findings.
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18 June 2014 |
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Employer's failure to honour more favourable staff‑regulation sick leave rendered the termination unfair and CMA award valid.
Labour law – unfair termination; sick‑leave entitlements; employer bound by more favourable contractual/staff regulations; review of CMA arbitration award under s.91(1)(b).
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18 June 2014 |
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Arbitrator must assist unrepresented employees; dismissal for failing an internal interview was substantively and procedurally unfair.
Labour law — unfair termination — substantive validity of reasons — procedural fairness — arbitrator’s duty to guide unrepresented parties — Rules 24(2) and 28(3) GN.67/2007 — CMA ex parte proceedings — remedies under section 40 ELRA.
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17 June 2014 |
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Complaint timely filed at CMA but applicant wrongly sued; CMA proceedings and award quashed.
Labour law – time limit for referral to CMA – complaint filed within 30 days; Civil procedure – capacity to sue – employer was registered trustees, wrong party sued; Revision – quashing of CMA proceedings and award for wrong party being sued.
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17 June 2014 |
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Fixed-term contract renewed by default; despite procedural issues, termination found substantively and procedurally fair and dismissed.
* Employment law – fixed-term contract – renewal by default where employee continues to work after expiry.
* Employment law – written particulars – employer's duty under s.15 and burden shift where no written contract produced.
* Statutory interpretation – improper application of s.35 (employees with less than six months' service).
* Labour disciplinary procedure – substantive and procedural fairness of termination; employee refusal to attend hearing and destruction of notice may affect right to be heard.
* Labour (Code of Good Practice) – Rule 13(6): discretion to proceed in absence of employee; fact-specific inquiry required.
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17 June 2014 |
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A duplicitous charge cannot support the applicant's conviction and sentence; conviction quashed.
Criminal law – Duplicity in charge – Distinct offences must be charged in separate counts – Duplicitous charge invalidates conviction – Conviction and sentence quashed.
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10 June 2014 |
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A duplicitous charge joining distinct offences in one count vitiates conviction; conviction and sentence quashed.
Criminal law – Duplicity of charge – Joining separate offences in a single count is fatal; defective charge cannot support conviction – Remedy: quashing conviction and sentence.
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10 June 2014 |
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Failure to enter a conviction before sentencing renders the judgment invalid; record remitted for proper conviction and sentence.
Criminal procedure – Section 235 Criminal Procedure Act – requirement to enter conviction before sentence; failure to record conviction renders judgment invalid; revisional powers – remittal to lower court to compose proper judgment; direction as to commencement date of sentence (running from initial incarceration).
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9 June 2014 |
| May 2014 |
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Failure to conduct the required voir dire renders child-witness evidence inadmissible and the conviction unsafe.
Evidence Act s.127(2) & (5) — Voir dire — competency of child witnesses — requirement to establish intelligence and understanding of oath; child evidence improperly received if statutory procedure not followed — uncorroborated child evidence unsafe to ground conviction in sexual offence cases.
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22 May 2014 |
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Improper voir dire of a child witness rendered her evidence inadmissible, undermining the conviction.
* Evidence — Section 127 Evidence Act — voir dire procedure — competency of child witness (tender years) — mandatory inquiry into intelligence and understanding of duty to tell the truth. * Criminal law — reliance on uncorroborated child testimony — admissibility affected by procedural non‑compliance. * Appeal — procedural irregularity in reception of evidence can be fatal to conviction.
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22 May 2014 |
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Payment of property tax alone does not prove land ownership; tribunal errors in procedure and failure to justify departing from assessors warranted quashing of its judgment.
* Land law – ownership: payment of property tax is not conclusive proof of title; written instruments required. * Tribunal procedure – assessors: chairman must consider assessors' opinions and give reasons if differing (s.24 Land Disputes Courts Act). * Pleadings: tribunal must confine findings to issues in pleadings; exceeding pleadings is fatal irregularity. * Transfers: purported disposition by heir invalid without statutory/formal requirements; illegal disposition cannot be enforced.
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21 May 2014 |
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Whether the suit was time‑barred and whether statutory notice to the State was valid.
* Limitation law – accrual of cause of action; timeliness under the Law of Limitation Act.* Government Proceedings Act – compliance with section 6(2) notice-to-sue requirement; proof of service by dispatch record.* Civil procedure – preliminary objections; discouraging dispositive technical objections that prevent merits adjudication.
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21 May 2014 |
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Objections that the suit was time‑barred and lacked statutory notice were overruled; case directed to proceed on merits.
Limitation law – accrual of cause of action and 12-year period; Government Proceedings Act – requirement and service of notice of intention to sue (s.6(2)); preliminary objections – when they should be overruled and matter allowed to proceed on merits.
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21 May 2014 |
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Order for retrial after quashing Primary Court proceedings must be before the court of first instance, not the District Court.
Magistrates' Courts Act s.21(1)(c) – retrial after quashing – retrial ordinarily before court of first instance; improper order sending retrial to District Court; illegality of appellate quashing of Primary Court proceedings where denial of hearing/disqualification refusal alone did not vitiate proceedings; revision under s.31(1) to set aside District Court proceedings and direct Primary Court procedure.
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19 May 2014 |
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Failure to observe the statutory leave-to-defend procedure and 21‑day period vitiated the summary-suit judgment against the appellant.
Civil procedure – Summary suits (Order XXXV) – defendant must obtain leave to defend; application for leave should be filed within 21 days (Limitation Act); failure to wait statutory period vitiates judgment; allegations of fraud require strict proof; advocate should not act as both counsel and witness; appearance of impropriety undermines confidence in administration of justice.
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5 May 2014 |
| April 2014 |
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Eviction without an executable decree or execution application is unlawful; stalls to remain padlocked pending appeal.
Land law — Execution of decree — Order XXI r.9 CPC requires an application to the court which passed the decree and an executable decree for lawful execution; eviction without these is unlawful. Stay of execution — rendered moot where execution already carried out. Interim relief — status quo pending appeal; respondent to secure premises. Reinstatement — refused where stalls found empty and irreparable loss not established.
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4 April 2014 |
| March 2014 |
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Failure to conduct voir dire and to make medical‑report maker available rendered child‑rape conviction unsafe.
Criminal law – sexual offences – child witness competence and voir dire (s.127 Evidence Act); admissibility and proof of medical reports – right to summon maker and cross‑examination (s.240(3) Criminal Procedure Act); corroboration in rape cases; procedural irregularities rendering conviction unsafe.
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25 March 2014 |
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Wrong citation of Court of Appeal Rules rendered the applicant's High Court application incompetent; constitutional provision did not cure it.
Civil procedure — jurisdiction — wrong or inapplicable citation of statutory provision — application incompetent; Court of Appeal Rules (Rule 10) confer power only on Court of Appeal; article 107A(2)(e) of the Constitution does not cure jurisdictional defects; "any other enabling provisions" phrase meaningless.
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24 March 2014 |
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A credible child prosecutrix’s detailed evidence can alone sustain a rape conviction; omission to prove exact age affects sentencing.
• Evidence – Rape: prosecutrix’s credible testimony can alone sustain conviction and link offender. • Criminal procedure: voir dire for child witness (s.127 TEA) and right to summon PF3 maker (s.240(3) CPA). • Sentencing: need to prove exact age where mandatory life applies (victim aged 10 or below). • Admissibility: family members may testify for prosecution.
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17 March 2014 |