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Citation
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Judgment date
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| December 2016 |
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Appeal dismissed: claimant’s recovery action time‑barred; long uninterrupted possession supported tribunal’s finding of ownership.
* Land law – adverse possession – long uninterrupted possession by occupant and successor – supports title where competing heirs remain dormant.
* Limitation – accrual of right of action to recover land of deceased runs from date of death; twelve‑year period applies; administrator treated as claiming without interval (s.9(1), s.35 Law of Limitation Act).
* Estates – absence of administration and failure by heirs to appoint administrator or to litigate timely weakens claims against possessory occupants.
* Evidence – burden to prove invitee status or lack of proprietary interest; payment of property taxes and exclusive control weigh in favour of possessor.
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30 December 2016 |
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Appeal allowed: tribunal's ownership finding set aside for failure to evaluate evidence and to give reasons for departing from assessors' opinions.
Land law – ownership v. administration – administrators of different deceased estates; Evidence – duty to evaluate and analyze evidence in judgment; Land Disputes Courts Act s.24 – Chairman to take into account assessors' opinions and give reasons when differing; Requirements for reasons in judgment.
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23 December 2016 |
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Conviction quashed for defective charge (wrong statute) and failure to prove theft; seized wheat ordered returned.
* Criminal law – charge drafting – wrong statutory citation (s.311 cited instead of s.312(1)) – effect on prosecution's burden and conviction.
* Possession of suspected stolen property – distinction from theft where owner known – burden shifts to accused under s.312(1).
* Procedural irregularity – miscarriage of justice – quashing conviction and setting aside sentence; retrial declined.
* Exhibits – restoration of seized property or equivalent value to accused where seizure and conviction vitiated.
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16 December 2016 |
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Appellants’ challenge to hearsay evidence and locus standi failed; respondent permitted to sue and claim was time-barred; appeal dismissed.
* Land law – ownership dispute – evidence of purchase through third party and long possession – limitation bar.
* Evidence – hearsay – admissibility in District Land and Housing Tribunal under section 51(1)(a) of the Land Disputes Courts Act.
* Procedure – representation by Power of Attorney/representative permitted in District Land and Housing Tribunal (Reg.13(1)).
* Locus standi – right to sue for declaratory and nullification orders where cause of action and reliefs properly pleaded.
* Limitation – long uninterrupted possession by family barred appellants’ redemption claim under Law of Limitation.
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16 December 2016 |
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Appellate court nullified tribunal judgment for deciding boundary without giving appellant opportunity to be heard at locus in quo.
Land law – boundary disputes and locus in quo inspections – right to be heard/natural justice – procedural irregularity and failure of justice – section 45 Courts (Land Disputes Settlements) Act – nullification of proceedings and retrial ordered.
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15 December 2016 |
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Appeal allowed: judgment on admission and execution were procedurally defective; matter remitted for retrial.
Land law — judgment on admission — requirement for clear, unambiguous written admission (Order XII Rules 1 & 6, Civil Procedure Code). Execution — mandatory procedure for execution applications and compliance orders (Regulation 23, GN No.174/2003). Attachment — sale of alleged family dwelling raised as new fact not decided on appeal. Representation — statements by person holding brief cannot substitute for unequivocal admission by party.
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13 December 2016 |
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Conviction quashed where prosecution failed to prove asportation and fraudulent intent beyond reasonable doubt.
* Criminal law – Theft – ingredients under s.258(1) and (2) Penal Code – requirement of asportation and mens rea; prosecution must prove guilt beyond reasonable doubt. * Evidence – hearsay and relative witnesses require caution and corroboration. * Burden of proof – lies on prosecution throughout.
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6 December 2016 |
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Proceedings instituted against a deceased person without his estate's legal representative are a nullity; appeal allowed.
Civil procedure — capacity to sue — deceased person — necessity of suing through administrator or legal representative — necessary party — proceedings, judgment and decree declared null and void; res judicata plea raised but not determined.
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6 December 2016 |
| November 2016 |
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Appeal allowed: sale void as sellers lacked authority to dispose of deceased's land; tribunal's judgment set aside.
Land law — validity of sale of deceased’s property — capacity to sell (executor/administrator required); Evidence — duty of trial tribunal to evaluate credibility and analyze evidence before findings; Limitation — accrual of cause of action and effect where underlying transaction is void; Civil procedure — appellate interference where tribunal fails to determine key issues.
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30 November 2016 |
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A sale agreement executed by a non-owner is invalid, and tribunals must fully analyze evidence and provide reasons for their decisions.
Land Law—Proof of ownership—Validity of sale agreements—Tribunal procedure—Requirement to evaluate all evidence—Duty to give reasons when departing from assessor’s opinion—Limitation—Effect of minority on adverse possession claims.
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28 November 2016 |
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Appellant failed to prove forgery or ownership; sale agreements valid and respondent held to be bona fide purchaser.
• Land law – ownership dispute over matrimonial property – validity of sale agreement; burden of proof on claimant.
• Evidence – alleged forgery of signature – requirement to prove forgery on balance of probabilities.
• Property transfers – bona fide purchaser for value without notice; effect of long delay/inaction on challenge to title.
• Procedure – appellate review of trial tribunal’s evaluation of evidence and locus in quo visit.
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25 November 2016 |
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Court upheld rape conviction, finding the child victim's uncorroborated testimony credible and proof beyond reasonable doubt.
* Criminal law – Rape – elements: penetration, identity and lack of consent; penetration however slight is sufficient (Penal Code s.130(4)(a)). * Evidence – Sexual offences – uncorroborated testimony of a victim (including a child of tender years) may ground conviction if credible (Evidence Act/sexual offences jurisprudence). * Credibility – identification by face/name and descriptive detail reduces risk of mistaken identity. * Appellate review – finding of trial court on credibility and proof beyond reasonable doubt will not be disturbed absent clear error.
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23 November 2016 |
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A leave to withdraw and re-file 'subject to limitation' does not extend appeal time; unextended late appeal is struck out.
Land appeal — limitation — time for appeal runs from judgment delivery — withdrawal with leave to re-file "subject to limitation" does not extend statutory time — late re-filed appeal requires application for extension of time — re-filed appeal struck out as time-barred.
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21 November 2016 |
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Conviction based on an equivocal plea was quashed; fresh plea ordered and vehicle forfeiture set aside.
Criminal procedure — Equivocal plea of guilty — Recording requirements for plea — Section 360(1) Criminal Procedure Act — Exception where plea imperfect/ambiguous (Laurence Mpinga) — Conviction and forfeiture quashed — Fresh plea ordered.
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15 November 2016 |
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Equivocal admissions like 'it is true' are not an unequivocal plea; conviction quashed and matter remitted for fresh plea.
Criminal procedure — plea of guilty — equivocal/ambiguous pleas — requirement to record accused's own words and permit explanation — s.360(1) CPA general bar on appeals and the Laurence Mpinga exception — conviction and ancillary forfeiture vitiated by defective plea — remittal for fresh plea.
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15 November 2016 |
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Whether tribunal had jurisdiction and tenant's failure to pay rent rendered him no longer a legal tenant; damages reduced.
Land law – tenancy and lease – breach for non‑payment of rent; Contract law s.55(1) – time of essence; jurisdiction – effect of revisional order remitting matter for rehearing; damages – reduction for excessiveness; assessors’ record.
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8 November 2016 |
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A revisional remittal to a different Chairperson does not oust jurisdiction; breach for non-payment made the appellant no longer a legal tenant and damages were reduced.
Land law – lease and breach – time of essence in contract – failure to pay rent renders lease voidable; jurisdiction – effect of revisional order remitting matter to a different Chairperson; damages – award of general damages and appellate reduction; procedure – role of assessors in Land Tribunal judgments.
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8 November 2016 |
| October 2016 |
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Breach of an oral credit agreement is civil, not stealing by agent; conviction quashed for failure to evaluate defence evidence.
Criminal law – Stealing by agent (s.273(b)) – Distinguishing criminal theft from civil breach of contract; requirement to evaluate defence evidence in judgment; conviction quashed where matter is civil and trial court misdirected.
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31 October 2016 |
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Appellate court held the suit was not premature; tribunal erred by ignoring evidence and failing to justify departure from assessors.
* Land law – Customary Right of Occupancy – proof by sale agreements, customary certificates and village maps – adjudication by District Land and Housing Tribunal.
* Civil procedure – competence and jurisdiction – prematurity and misjoinder/non-joinder – when suit properly filed.
* Evidence – duty to evaluate admitted documents and witness credibility; irregularity where tribunal ignores admitted evidence.
* Practice – locus in quo visits should be in special circumstances and must not introduce unpleaded issues.
* Assessors – Section 24 Land Disputes Courts Act – mandatory requirement to give reasons when departing from assessors' opinion.
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28 October 2016 |
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Application for extension of time dismissed for inordinate delay, lack of diligence and prior adjudication (res judicata).
Extension of time – Section 25(1)(b) Magistrates' Courts Act – delay and diligence – inordinate delay and lack of sufficient cause; res judicata – earlier decision between same parties; costs awarded.
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21 October 2016 |
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Extension of time to appeal refused for inordinate delay, insufficient explanation, and prior adjudication (res judicata).
Civil procedure – extension of time to appeal – s.25(1)(b) Magistrate Courts Act – inordinate delay; lack of diligence; insufficiency of supporting evidence (no medical documents attached); res judicata/previous determination; costs awarded.
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21 October 2016 |
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Appeal against conviction for escaping lawful custody dismissed; sentence upheld despite argument it should be seven years.
Criminal law – Escaping lawful custody (s.116 Penal Code) – Credibility of prisoner witness – Prosecution not required to call particular number of witnesses (s.143 Evidence Act) – Appellate review of sentence – Variation of sentence requires special reasons.
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11 October 2016 |
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The applicant failed to show sufficient cause to restore a dismissed appeal; appeal dismissed with costs.
* Civil procedure – restoration of appeal – dismissal for non-appearance – requirement to show sufficient cause for setting aside dismissal – transport difficulties and delay do not automatically amount to sufficient cause if applicant not diligent.
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11 October 2016 |
| September 2016 |
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Applicant lacked locus standi as administrator without letters; tribunal erred in deciding merits and judgment was quashed.
Locus standi – requirement to prove authority to sue as administrator (letters of appointment); preliminary objection — competence — tribunal must halt on valid preliminary point; incompetent petition cannot beget competent proceedings; tribunal's merits determinations made after finding lack of locus standi are quashed; joinder/parties and evidentiary analysis of boundary issues noted but not determinative.
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19 September 2016 |
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A successor who did not preside cannot compose judgment; the original presiding officer must write and cause it to be pronounced.
Civil procedure – succession of presiding officer – Order XVIII r.10 permits successor to act on evidence recorded by predecessor but does not authorize successor to compose judgment – Order XX r.3 requires judgment to be written and signed by presiding judge or magistrate – successor may only pronounce judgment written by presiding officer under Order XX r.2 – transfer of presiding officer not a sufficient ground to excuse writing of judgment.
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13 September 2016 |
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Respondent failed to prove a valid sale of a registered right of occupancy; any purported sale was void for non‑compliance with the Land Act.
* Evidence – burden of proof – s.110 Evidence Act – respondent must prove sale and call necessary witnesses. * Land law – disposition of right of occupancy – ss.36–40 and s.37(5) Land Act Cap 113 R.E.2002 – Commissioner's approval required; disposition without approval inoperative/void. * Document authenticity – alleged sale agreements not proved; advocate’s role and duty as officer of the court.
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9 September 2016 |
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9 September 2016 |
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Criminal prosecution for sale-related offences was premature while property ownership was unresolved; failure to evaluate defence evidence was fatal.
* Criminal law – Obtaining money by false pretence – proper timing of criminal prosecution where ownership of property is in dispute before Land and Housing Tribunal.
* Criminal procedure – Duty to consider, evaluate and reason on defence evidence – section 312(1) Criminal Procedure Act – failure to evaluate defence evidence is fatal irregularity.
* Jurisdiction/timing – Premature criminal proceedings where civil determination of property ownership is pending.
* Perjury – question as to whether false information to police constitutes perjury when underlying property ownership unresolved.
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5 September 2016 |
| August 2016 |
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Appellate court substituted consecutive prison terms where trial court inadequately sentenced a habitual offender.
* Criminal law – Sentencing – Habitual offender – Effect of prior conviction on sentencing and appropriateness of fine option. * Criminal procedure – Multiple counts – necessity to state whether sentences run concurrently or consecutively. * Appellate jurisdiction – Power to substitute sentences where trial court’s sentencing is inadequate or unclear.
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31 August 2016 |
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A prior valid sale defeated a subsequent mortgage; mortgagee’s sale was unlawful and appeal was dismissed.
Land law – validity of sale versus later mortgage – priority of title where vendor mortgages property after sale – probative value of sale agreement and witness testimony – mortgagee’s right to sell invalidated by prior transfer.
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26 August 2016 |
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An application and receipt do not constitute a building permit; surveyed land requires a Right of Occupancy for lawful construction.
Land law – building permits – application and payment receipt do not substitute for a valid permit under GN 242/08; surveyed land requires a Right of Occupancy to authorize development; demolition where occupier lacks legal title and after administrative steps may be justified; evidence of procedural engagement and lack of title fatal to compensation claim.
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12 August 2016 |
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No proved extension of loan repayment; appellee lawfully enforced mortgage sale; appeal dismissed with costs.
Land law – Mortgage and sale for default; statutory pre-sale notice under Land (Amendment) Act; Contract law – loan repayment terms and absence of agreed extension; Evidence – burden to prove contractual variation or excusable delay; Procedural law – reliefs not claimed at trial cannot be granted on appeal.
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5 August 2016 |
| July 2016 |
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Appellant declared lawful owner after court found sale agreement valid and tribunal wrongly doubted appellant’s evidence.
Land law – ownership dispute; validity and genuineness of sale agreement; burden of proof in civil claims; bona fide purchaser for value without notice; adverse inference for non-called witness; appellate review of credibility findings.
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29 July 2016 |
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A prior final decision on the same land dispute between parties/privities bars a subsequent suit under section 9 CPC.
Res judicata – application of section 9 Civil Procedure Code – same subject-matter and parties/privity – land dispute; claimant's prior participation (witnessing/interest) bars subsequent suit.
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22 July 2016 |
| June 2016 |
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Appellant failed to prove legal title; tribunal correctly declared respondent owner based on witnesses and sale document.
Land law – ownership disputes – burden of proof in civil actions – mere occupation insufficient to prove title – custody/transfer of family land and effect of sale document (Hati ya Kuuziana Zhamba).
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30 June 2016 |
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Appeal dismissed: appellant failed to prove distinct ownership or prejudice from uncross‑examined locus in quo testimony.
Land law – proof of ownership and possession – distinction between entrusted possession and proprietary title; Probate/administration – distribution of estate and proper parties; Civil procedure – locus in quo inspection and right to cross‑examination; Section 45 Land Disputes Courts Act – irregularity not reversed unless failure of justice.
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23 June 2016 |
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High Court allowed appeal for tribunal's procedural defects while protecting respondent as bona fide purchaser and ordering refund.
Land law – ownership and mortgage – distinction between company and director acts – nemo dat quod non habet; Court procedure – duty to state reasons on each framed issue (Order XX Rule 5); assessors’ opinions – requirement to state reasons when differing (s.24 Courts (Land Disputes Settlement) Act); auction sales – protection of bona fide purchasers and remedy for improper sale; attachment and sale of property of non-parties.
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23 June 2016 |
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The applicant's conviction upheld where the child's credible testimony and medical evidence proved penetration and identity.
* Evidence Act s.127 – voir dire for child witnesses – sufficiency of intelligence and duty to tell truth
* Criminal law – sexual/unnatural offences – elements: penetration and identity; reliance on child testimony and medical corroboration
* Evidence – contradictions between witnesses – distinguishing trivial inconsistencies from matters going to the root
* Identification – when identification parade is unnecessary
* Forensic evidence – DNA not always required where direct and medical evidence suffice
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21 June 2016 |
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Appeal allowed: tribunal erred in deciding limitation and factual issues on a preliminary objection; matter remitted for merits determination.
Land law; limitation of actions (s.9 Law of Limitation Act) – accrual of right in respect of land; preliminary objections – must be points of law based on ascertained facts and capable of disposing the case; dismissal vs striking out; appeals – no absolute duty to add oral argument where grounds are clear.
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15 June 2016 |
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Whether the appellant had authority to buy the land for the registered church; tribunal relied on defective, possibly forged documents.
Land law – ownership dispute – capacity to bind a registered trustees body – authenticity and admissibility of sale agreements (signatures, stamps, stamp duty) – forged/altered documents – duty of tribunal to evaluate evidence and make findings.
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8 June 2016 |
| May 2016 |
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Unresolved age, lack of voir dire and absence of proof of penetration or paternity meant rape and impregnating charges were not proved.
* Criminal procedure – sexual offences – requirement for in-camera proceedings under s.186(3) Criminal Procedure Act.
* Evidence – child witnesses – necessity of conducting and recording voir dire under s.127 Evidence Act where age/competency is in doubt.
* Substantive criminal law – rape – proof of penetration required; bare assertion of 'sexual intercourse' insufficient.
* Medical evidence – PF3 proving pregnancy does not establish penetration or paternity; DNA may be necessary where identity of father is contested.
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17 May 2016 |
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Petitioner failed to prove fake stations, irregularities or bribery; election found free, fair and valid; petition dismissed.
Election petition — standard of proof beyond reasonable doubt; admissibility and hearsay — failure to call material witnesses or lodge prescribed complaints weakens petition; minor defects in Forms No. 21B (incomplete polling‑station numbers) are correctable and not necessarily fatal; Result Management System (RMS) security and validation procedures; corrupt practice allegations require cogent corroboration and proof of candidate’s knowledge/consent.
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16 May 2016 |
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High Court struck out incompetent application to lift a garnishee order, finding lack of jurisdiction and no good cause.
* Civil Procedure – garnishee/attachment of debts – garnishee order as mode of execution. * Jurisdiction – effect of notice of appeal/appeal proceedings: High Court ceases to be seized and Civil Procedure Code disapplies. * Procedural competence – need to cite specific enabling provisions (Order XXI Rule 54) rather than general provisions (Sections 68(e), 95). * Inherent jurisdiction – Section 95 cannot be invoked where matter is not competently before the High Court. * Stay/variation of execution – requirement to show good cause and balance of convenience.
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10 May 2016 |
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Non‑compliance with Village Land Act allocation and registration requirements defeats claim to village land; appeal allowed with costs.
Land law – village land ownership – sufficiency and authenticity of documentary proof; compliance with Village Land Act (Section 21 Village Land Register; Section 23 customary right of occupancy) required for establishing ownership; failure to prove village council allocation defeats claim; procedural fairness in tribunal proceedings noted but substantive statutory non‑compliance fatal.
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10 May 2016 |
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Application for extension of time struck out where affidavits cited a non-existent decision date; error fatal.
Civil procedure — extension of time to appeal — affidavits must contain correct material facts — incorrect date of impugned decision in affidavits — typographical error not cured by Article 107A(2) — application struck out.
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9 May 2016 |
| April 2016 |
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Ward Tribunal proceedings were procedurally defective and unsigned, rendering both tribunal decisions null and void; fresh suit permitted.
* Land law – validity of tribunal proceedings – requirement for proper composition and signatures under Land Disputes Courts Act (ss.11,13,14(1),15).
* Civil procedure – irregularities rendering judgments nullities.
* Remedies – nullification of defective tribunal proceedings and allowance to institute fresh suit.
* Costs – no order; parties to bear own costs.
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27 April 2016 |
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Failure to verify and date a pleading under Order VI r15 is fatal; judge recused himself to preserve public confidence.
Civil procedure — Verification and dating of pleadings — Order VI r15(1)-(3) CPC — mandatory requirement; Amendment — leave to amend and limits; Procedural technicalities — Article 107(2)(e) does not override statutory mandates; Judicial recusal — disqualification to preserve public confidence.
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25 April 2016 |
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A defective Chamber Summons citing the wrong legal provision rendered the application incompetent and was struck out, with liberty to refile.
Civil procedure – Chamber Summons – Competency of application – Incorrect citation of legal provision renders application incompetent – Court’s power to strike out defective proceedings – Right to refile a fresh application.
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22 April 2016 |
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Hirer of a vehicle who caused damage is liable to compensate owner; appellate court affirms trial award and dismisses appeal with costs.
* Civil liability – Hire of vehicle – damage caused while vehicle under hirer’s control – hirer liable to compensate owner.
* Evidence – Appellate review – admission of additional evidence under section 29(a) Evidence Act – appellate court may receive further evidence and affirm trial findings.
* Procedure – Failure to report accident to police or taking vehicle to private garage does not per se negate liability arising from damage to hired vehicle.
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21 April 2016 |
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Hirer of a vehicle held liable for damage; High Court affirmed District Court award and dismissed appeal with costs.
* Civil liability – hire of motor vehicle – damage to hired vehicle while in hirer’s possession – hirer liable for value of vehicle if damaged and not returned.
* Appellate review – evaluation of evidence by trial court – additional evidence under s.29(a) Evidence Act – appellate court may admit additional evidence but will not disturb well-founded trial findings.
* Remedies – award of value of vehicle and costs affirmed.
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21 April 2016 |