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Citation
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Judgment date
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| December 2019 |
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Unfair termination upheld; court reduced and revised excessive, unreasoned monetary awards by the CMA.
Labour law – unfair termination – procedural and substantive fairness; Remedies under s.40 Employment and Labour Relations Act – compensation; General and special damages – requirement of proof and justification; Need for reasoned awards by arbitrators; Revision of excessive arbitration awards.
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31 December 2019 |
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Appellant failed to prove ownership; court upheld tribunal finding that respondent lawfully owns the disputed land.
Land law – ownership dispute – burden of proof in civil claims – party alleging ownership must prove on balance of probabilities; tribunal’s duty to analyze evidence; validity of land allocation where claimant failed to pay agreed compensation.
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30 December 2019 |
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Improper involvement of assessors and failure to record their opinions vitiated the trial, warranting nullification and retrial de novo.
Land Disputes Courts Act – composition and role of assessors; assessors’ questions permissible only after re-examination and by leave; prohibition on chairman/assessors cross-examining witnesses; duty to record and consider assessors' opinions and give reasons for departure; High Court revisional powers and retrial de novo where material irregularity affects merits.
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17 December 2019 |
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Failure to record assessors' written opinions vitiates the Tribunal's decision and warrants a retrial de novo.
Land Disputes — Assessors — Mandatory requirement to obtain and record assessors' opinions in writing (s.23, Reg.19(2)) — Failure to show assessors' active participation renders Tribunal's decision a nullity — High Court revisional powers (ss.42,43 Land Disputes Courts Act) — Remittal for hearing de novo.
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17 December 2019 |
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Appeal restored where missing summons in court file created reasonable doubt about service.
Criminal procedure — Restoration of appeal dismissed for want of prosecution — Service of summons — Missing summonses from court file — Registry irregularity — Benefit of the doubt — Restoration ordered.
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10 December 2019 |
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Failure to secure and read assessors' opinions and to give reasons for departure renders the tribunal's judgment a nullity.
Land procedure – assessors’ role – Regulation 19(2) and s.23 of Land Disputes Courts Act – assessors’ opinions must be given and read in presence of parties; chairman must give reasons if differing; failure renders judgment a nullity; retrial ordered.
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6 December 2019 |
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Employer's unilateral summary termination without disciplinary hearing cannot avoid statutory notice, severance and contractual gratuity awards.
Employment law – unfair termination – procedural fairness – employer must conduct disciplinary hearing before invoking summary termination; payment in lieu of notice statutory and calculated on basic salary; severance payable after 12 months continuous service even for fixed-term contracts; contractual gratuity payable if contract provides gratuity by months worked on summary termination; court will not award unpleaded relief not pursued before arbitrator.
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5 December 2019 |
| November 2019 |
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Failure to involve assessors invalidates tribunal proceedings and warrants nullification and rehearing before a new chairperson.
* Land law – procedure – District Land and Housing Tribunal – mandatory involvement of assessors – failure to invite assessors' opinion vitiates proceedings and judgment. * Remedy – nullification and remittal for rehearing before a different chairperson and fresh assessors. * Costs – no order as to costs where irregularity arose from tribunal.
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27 November 2019 |
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Revision dismissed; CMA award upheld as claimed subsistence amount was unsupported and referral was timely.
Labour law – Revision of CMA award – Time limits for referral to CMA (60 days) – Subsistence allowance under section 43(1)(c) and (2) ELRA – Burden to justify quantum of claimed subsistence – CMA award of TZS 5,400,000 upheld.
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26 November 2019 |
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Transfer allowances are payable but non-payment does not justify unauthorised absence or entitlement to salary arrears.
Labour law – transfer/transport allowances under Standing Orders – entitlement to allowances versus duty to remain at assigned station – salary payable only for work performed; unauthorised absence disentitles employee to salary arrears.
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25 November 2019 |
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Appeal allowed: DLHT erred by entertaining a time‑barred land claim and failing to record assessors' opinions.
* Limitation of actions – land claim by administrator of estate – twelve‑year limitation from date of death (Law of Limitation Act s.9(1)) – DLHT bound by limitation through Land Disputes Courts Act s.51.
* Civil procedure – District Land and Housing Tribunal – failure to record or state assessors' opinions – contravention of Land Disputes Courts Act s.23(2) and Regulation 19(1)–(2) – procedural irregularity warranting quashing of proceedings.
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21 November 2019 |
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Corporate veil improperly lifted without fraud findings; assessor irregularities nullified the DLHT judgment, ordered retrial de novo.
* Company law – lifting corporate veil – requires proof of fraud or exceptional circumstances; cannot be done without findings. * Land Disputes procedure – assessors – change of assessors during trial and non-recording of assessors’ opinions are serious irregularities. * Procedural irregularities in DLHT vitiate proceedings and warrant nullification and retrial de novo.
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15 November 2019 |
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High Court nullified lower courts' proceedings after Primary Court improperly awarded costs in a criminal matter.
* Criminal procedure – illegality of awarding costs in criminal proceedings; * Appellate/supervisory jurisdiction – District Court’s duty to note and correct subordinate court irregularities; * High Court revisional powers – exercise under CPA ss. 372–373 and MCA ss. 30(1)(b), 44; * Proceedings nullity – material irregularities vitiating subordinate courts’ judgments.
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12 November 2019 |
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Failure to evaluate the appellant's alibi rendered the conviction unsafe; conviction quashed and sentence set aside.
* Criminal law – Alibi – duty of trial court to consider and evaluate alibi evidence; requirements under section 194 Criminal Procedure Act. * Criminal procedure – Judgment writing – necessity to evaluate and give reasons for acceptance or rejection of defence evidence. * Identification – reliability of identification at night by torchlight (raised but not determined due to procedural defect). * Retrial – principles governing when retrial should be ordered (Fatehali Manji).
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4 November 2019 |
| October 2019 |
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Failure to obtain assessors' opinions before judgment nullifies tribunal proceedings and mandates retrial.
Land disputes — Composition of District Land and Housing Tribunal — Mandatory role of assessors — Requirement to invite and record assessors' opinions before judgment (s.23(2) Land Disputes Courts Act; Reg.19(2) Regulations) — Failure to obtain opinions is incurable and vitiates proceedings; retrial ordered.
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31 October 2019 |
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Non-joinder of sellers in a land ownership dispute renders proceedings incompetent and judgment a nullity.
Land law — ownership dispute — non-joinder of necessary parties (sellers/allocating authority) — omission renders proceedings incompetent and judgment nullity — requirement to implead third parties in chain-of-title disputes.
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28 October 2019 |
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DLHT ruling quashed; magistrate improperly joined must be struck out and ownership claim remitted for trial.
* Civil procedure – preliminary objections – right to be heard – written submissions constitute hearing of points in lieu of oral argument. * Jurisdiction – DLHT may determine ownership claims distinct from matrimonial property adjudicated in ordinary courts. * Immunity – magistrates immune from suit for acts done in exercise of judicial duty (s.66 Magistrates' Courts Act). * Misjoinder – improper joining should be remedied by striking out the party and proceeding (Order 1 R.9; Order 1 R.10(2) CPC).
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24 October 2019 |
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Employer must prove fair termination; procedural defects at disciplinary hearing render dismissal unfair.
Employment law – unfair termination – burden of proof on employer (s.39 ELRA) – procedural fairness at disciplinary hearing – admissibility and sufficiency of disciplinary evidence (Exhibit P8) – Rule 28(1)(a) G.N. 67/2007 (non-attendance) – compensation under s.40(1) ELRA.
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17 October 2019 |
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Failure to record DLHT assessors’ opinions renders the tribunal’s proceedings and judgment a nullity, requiring retrial.
* Land law/DLHT procedure – mandatory involvement of assessors – section 19(2) District Land and Housing Tribunal Regulations, 2003 – assessors’ opinions must be recorded in proceedings and judgment. * Civil procedure – irregularity and nullity – failure to record assessors’ opinions renders DLHT proceedings and judgment a nullity. * Appellate practice – court may entertain jurisdictional/point-of-law issues raised for first time in submissions where they affect validity of proceedings.
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16 October 2019 |
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Appeal struck out for incompetence due to inconsistent/non‑existent case references and failure to attach impugned ruling.
Land law and civil procedure – appeal competency – requirement to correctly identify impugned decision and attach ruling/decree – consequences of referring to non-existent case numbers – application to set aside ex parte judgment – time limits (Order IX Rule 13(2)) and procedural compliance (Order XXXIX Rule 1 CPC).
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4 October 2019 |
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Applicant found re-engaged after 2016 retrenchment and unfairly terminated in 2018; CMA award set aside and limited compensation awarded.
Labour law – retrenchment – existence and timing of retrenchment; continuation/re-employment after retrenchment – statutory presumption of employment (s.61 LIA); time-bar for challenging retrenchment (30-day rule) and condonation; unfair termination for lack of fair procedure; assessment of contradictory witness evidence.
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3 October 2019 |
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Preliminary objections must be pure points of law; reliance on annexures converts them into merits and requires trial, not dismissal.
Land law – jurisdiction of land tribunal; Civil procedure – preliminary objection must be a pure point of law and not depend on annexures or disputed facts; Procedural irregularity – improper reliance on documentary annexures and dismissal where striking out was appropriate; Appeal – quashing of tribunal ruling and remitting for trial on merits.
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2 October 2019 |
| September 2019 |
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Witness identification by recognition upheld; failure to tender weapon or police witness not fatal to prosecution.
* Criminal law – Armed robbery – proof beyond reasonable doubt – victim and corroborative eyewitness testimony; identification by recognition in daytime incidents. * Evidence – non-production of weapon not fatal where witnesses saw it and it was unavailable. * Evidence – omission to call investigating officers or property owner not fatal if key witnesses gave direct evidence. * Procedure – improper admission of detention register; register expunged but conviction upheld.
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23 September 2019 |
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The appellant's challenge to convictions for illegal electricity connection, personation and fraud was dismissed for sufficient evidence.
Criminal law — Fraudulent appropriation of power; Malicious damage; Personation of public officer; Obtaining money by false pretence — Sufficiency and credibility of witness evidence; Procedural fairness — requirement for points of determination and reasons; Appeal — safety of conviction despite defects in trial judgment.
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20 September 2019 |
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Deductions from terminal benefits without written notice and an opportunity to challenge are unlawful; employee resigned voluntarily.
Employment law – Deductions from terminal benefits – Section 28(2)(b) and (c) ELRA – requirement to submit cause, amount and calculation in writing and afford employee opportunity to challenge – disciplinary hearing and audi alteram partem – voluntary resignation v. unfair termination – proof of contractual notice terms.
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20 September 2019 |
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Failure to record assessors' opinions and other procedural defects vitiated DLHT proceedings, warranting quash and retrial.
* Land law – res judicata – elements and applicability where earlier primary court and appeal decisions exist. * Civil procedure – District Land and Housing Tribunal procedure – requirement to record assessors' opinions; failure constitutes fundamental irregularity. * Evidence – Tribunal must not base findings on suspicion or evidence not in record. * Trial fairness – locus in quo conduct and presence of parties may raise bias concerns. * Remedy – quashing proceedings and ordering trial de novo where procedural defects vitiate hearing.
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18 September 2019 |
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Conviction based on unreliable visual identification in darkness and without an identification parade was unsafe and set aside.
Criminal law – Identification evidence – visual identification must be watertight; identification parade required where suspect not clearly known to witness; effect of darkness and witness intoxication on identification; possession of stolen money not conclusive without reliable ID; prosecution duty to call identification parade officer.
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10 September 2019 |
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Failure to obtain and disclose assessors' opinions at trial nullifies tribunal proceedings and requires retrial.
* Land law – Tribunal procedure – Role of assessors – Assessors must give opinion before chairman composes judgment (s.23 Land Disputes Courts Act; Reg.19(2) GN No.174/2003).
* Procedural fairness – Filing assessors' opinions after hearing and without parties' knowledge vitiates proceedings.
* Remedy – Fundamental irregularity nullifies proceedings and mandates retrial before a differently constituted tribunal.
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10 September 2019 |
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Appellate court upheld that valid spousal consent existed for mortgage, dismissing the appeal with costs.
* Land Law – mortgage of matrimonial home – spousal consent – admissibility and evidential weight of written witnessed consent; burden of proof under Evidence Act. * Civil procedure – objection to tendering documents – tribunal’s discretion and requirement to rule. * Statutory requirements – Mortgage Financing (Special Provisions) Act and Land Act on spousal consent.
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6 September 2019 |
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Failure to invite assessors to give opinions in the parties’ presence is an incurable irregularity warranting nullity and retrial.
Land Disputes Courts Act s.23; District Land and Housing Tribunal assessors — requirement to give opinion before chairman; assessors’ active participation and opportunity to question witnesses; written opinions filed in parties’ absence — incurable irregularity; nullity and retrial ordered.
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6 September 2019 |
| August 2019 |
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Assessors cross‑examining witnesses and an unexplained judicial departure from assessors' views vitiated the trial, ordering retrial.
Criminal procedure — Role of assessors — Assessors may question witnesses under s.177 Evidence Act but must not cross‑examine or assume adversarial role; Assessors must remain impartial; Trial judge should state reasons when departing from assessors' opinions; Irregularities amounting to mistrial warrant quashing of conviction and retrial.
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30 August 2019 |
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30 August 2019 |
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Applicant failed to prove marriage or lack of consent; tribunal properly proceeded where respondent admitted allegations; appeal dismissed.
* Land law – Mortgage – Auction of mortgaged property following borrower’s default; reliance on bank searches and borrower’s affidavit under Mortgage Financing (Special Provisions) Act.
* Evidence – Admissions in pleadings – where respondent admits facts, no further right to be heard to contest those admitted facts.
* Civil procedure – Burden of proof – plaintiff/applicant must prove marriage and lack of consent; hearsay evidence insufficient.
* Appeal – Appellate court will not entertain new factual issues (quantum of loan/non-payment) not raised at trial.
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22 August 2019 |
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The appellant failed to prove ownership; tribunal’s credibility findings and locus visit justified dismissal with costs.
Land law – proof of ownership – assessment of witness credibility – contradictions going to root of claim; Civil procedure – locus in quo visit – legitimacy where party refuses to participate; Remedies – damages for trespass/cutting of trees and use of proceeds to facilitate tribunal process.
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21 August 2019 |
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The appellant's contradictory evidence and refusal to attend locus visit led to dismissal of his land ownership appeal.
Land law – ownership dispute – evidence and credibility – contradictions in witnesses going to root of claim – locus in quo inspection – tribunal's discretion and parties' duty to cooperate – appeal dismissed with costs.
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21 August 2019 |
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Court found inadequate proof of termination service and remitted time-barred finding for merits determination.
Labour law — limitation of claims — proof of service of termination letter — conflicting documentary evidence (payroll, termination letter, email to banks) — whether dispute arose on date of alleged termination or date applicant was informed in April 2017 — remittal to CMA for merits.
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14 August 2019 |
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Failure to record assessors’ opinions under s.24 rendered the DLHT judgment defective and warranted a retrial de novo.
Land Disputes Courts Act s.24 – Obligation to record assessors’ opinions and reasons for departure; non‑compliance renders DLHT judgment defective; retrial de novo with assessors; admissibility and sufficiency of sale agreement evidence; res judicata issue considered and rejected.
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9 August 2019 |
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Appellant's land claim was within time; 1990 allocation to a minor was void and tribunal erred in evidence assessment and failing to give reasons for departing from assessors.
Land law — limitation — accrual of cause of action occurs when claimant becomes aware of adverse allocation (2008) — twelve‑year limitation applies; Allocation — invalid where allocatee lacked capacity (minor) — nullity ab initio; Proof of ownership — oral evidence of seller can suffice where certificate of occupancy absent and title process was pending; Evidence assessment — trial tribunal failed to properly evaluate seller's testimony and documents; Procedure — chairman must give reasons when differing from assessors (s.24 Land Disputes Courts Act).
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7 August 2019 |
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Allocation without compensation does not extinguish customary occupancy; adverse possession not established; appeal allowed.
* Land law – customary right of occupancy – effect of survey and allocation without compensation – customary title not extinguished by mere survey/allocation. * Adverse possession – requirement of continuous uninterrupted occupation for statutory period – interruption by prior customary occupier. * Acquisition of land – necessity of lawful process and payment of compensation to extinguish customary rights.
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6 August 2019 |
| July 2019 |
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Failure to sufficiently describe the disputed land and to have each plaintiff prove ownership resulted in dismissal for lack of proof.
* Civil procedure – Order VII Rule 3 CPC – Requirement that a plaint describing immovable property must sufficiently identify the land (boundaries, title number or permanent features). * Land law – unsurveyed land requires description by boundaries/permanent features. * Evidence – multiple plaintiffs not common owners: each must testify to prove individual ownership; testimony of few cannot prove ownership of many (hearsay). * Failure to describe property and prove ownership defeats claim for compensation.
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31 July 2019 |
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Plaintiffs’ failure to describe land and individually prove ownership resulted in dismissal for defective pleading.
Civil procedure – Order VII Rule 3 CPC – sufficiency of description of immovable property in plaint; Land law – un-surveyed land – necessity to describe boundaries or permanent features; Evidence – multiple plaintiffs not common owners must testify personally to prove title; Hearsay – testimony about other plaintiffs’ ownership/compensation inadmissible; Failure to disclose cause of action – fatal to claim for compensation.
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31 July 2019 |
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23 July 2019 |
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Ex‑parte CMA award reinstated and modified: dismissal procedurally unfair; compensation limited to statutory and proven entitlements.
Labour law – CMA procedure – ex‑parte award – timeliness of applications to set aside – extension of time; Mediator's powers under s.87(3)(b) to decide complaints in absentia; Fair termination requires both substantive and procedural compliance (48 hours to prepare); Remedies – compensation capped by statute, evidentiary basis required for general damages, gratuity/severance payable only as law/contract allow.
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18 July 2019 |
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Proceedings without joining the Local Government Authority as necessary party rendered the Tribunal’s judgment a nullity.
* Land law – necessary party – representation of government primary schools by Local Government Authority/DED – omission fatal to decree.
* Civil procedure – revisional jurisdiction – High Court’s suo moto powers under s.43(1)(b) Land Disputes Courts Act and s.79 CPC.
* Evidence – proof of ownership – possession and long undisturbed use by public school relevant to rights in land.
* Remedy – nullification of proceedings for absence of necessary party; direction for fresh suit before different tribunal personnel.
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17 July 2019 |
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Appellant failed to prove allocation; respondent’s long occupation upheld, compensation award set aside.
Land dispute – allocation of market stall/business room – proof of allocation – burden of proof on claimant – occupation since 1998 as evidence of right of user; Compensation award – requirement to state basis and reasons – unsupported award set aside.
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17 July 2019 |
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An appeal by the DPP filed beyond statutory time without adequate justification is incompetent and struck out.
Criminal procedure – Appeal by Director of Public Prosecutions – Time limit under section 379(1)(b) and section 361 – Exclusion for time to obtain proceedings not unlimited – Requirement to show reasonable efforts or good cause – Incompetent appeal struck out.
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15 July 2019 |
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Failure to state the offence and sentence in a judgment renders it incompetent and requires remittal for proper conviction and sentencing.
Criminal procedure — Judgment content — Requirement to specify offence, enabling statutory provision and sentence (sections 235(1) and 312(2) CPA); failure to convict properly renders trial judgment incompetent; remedial powers under section 388(1) CPA — remittal for proper conviction and sentencing; consideration of time served when resentencing.
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15 July 2019 |
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Defective administration of oath and failure to consider defence vitiated the trial; retrial ordered and records remitted to the lower court.
Criminal procedure — Oath/affirmation (s.198 CPA) — Unsound oath renders evidence unsworn and vitiates proceedings; Failure to consider defence evidence — fatal misdirection; Retrial under s.388(1) CPA where trial illegal or defective; Child witness voire dire (s.127 Evidence Act) raised but primary defect related to oath; Sentencing to account time already served.
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15 July 2019 |
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Night-time visual identification was unreliable; prosecution failed to prove the accused’s guilt beyond reasonable doubt.
Criminal law – Murder – Visual identification at night – Reliability of battery-powered lighting – Contradictions and delay in identification – Requirement to rule out mistaken identity (Waziri Amani) – Lack of motive and corroboration – Alibi/defence credibility.
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12 July 2019 |
| June 2019 |
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Appellate court quashed the appellant's rape conviction for insufficient evidence and ordered release.
Criminal law – Rape – Proof beyond reasonable doubt; Credibility and sufficiency of victim and medical evidence; Procedural irregularity in conviction wording (s.312 Criminal Procedure Act); Appellate powers under s.388 Criminal Procedure Act to quash conviction and set aside sentence without remitting.
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4 June 2019 |