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Citation
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Judgment date
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| October 2021 |
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Extension to appeal consent judgment dismissed for lack of demonstrated illegality and unexplained inordinate delay.
Extension of time – s.41(2) Land Disputes Courts Act – illegality as ground for extension – pecuniary jurisdiction determined by substantive claim in plaint/application, not by reliefs or consent judgment – failure to annex plaint and to account for inordinate delay – consent judgment challenge.
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29 October 2021 |
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Extension of time to appeal against consent judgment dismissed for failure to show illegality or justify delay.
Land law – extension of time to appeal – illegality as ground for extension – pecuniary jurisdiction of District Land and Housing Tribunal determined by substantive claims in the plaint/application – consent judgment does not determine jurisdictional value.
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29 October 2021 |
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Extension refused: applicants failed to account for delay and alleged illegality was not pleaded or apparent on the record.
Land law – Extension of time – Requirements under Lyamuya: account for all delay, no inordinate delay, show diligence, or demonstrate a sufficiently important point of law/illegality apparent on the record. Civil procedure – Submissions do not constitute evidence; new grounds must be pleaded in affidavit. Illegality as ground for extension – must be apparent on face of record to justify extension.
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29 October 2021 |
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Court set aside 50/50 asset split and custody transfer for lack of evidentiary basis and statutory consideration.
Matrimonial law — Division of matrimonial property — Section 114 LMA — mandatory factors and evidentiary basis for asset division; Child custody — Section 125 LMA — welfare of the child, presumption for mother, and need for evidence on living environment; Appellate procedure — failure to challenge decree of divorce treated as final.
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29 October 2021 |
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Inspection of land is discretionary and, absent tendered sale agreement or credible witness evidence, appeal dismissed for lack of proof.
Land dispute — locus in quo inspection discretionary; requirement of tendering/documentary proof for sale agreements; presumption of authenticity of court records; insufficiency of hearsay or non-witness testimony to establish transfer of land.
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29 October 2021 |
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28 October 2021 |
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Applicant charged with unlawful possession of government trophy granted bail subject to security, sureties and strict reporting conditions.
Bail – EOCCA ss.29(4)(d) and 36(1) – jurisdiction of High Court to grant bail – offence bailable – statutory bail conditions under s.36(5) and (6) – security by cash or immovable property – sureties and surrender of travel documents – reporting and movement restrictions.
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27 October 2021 |
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26 October 2021 |
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Court set aside a fraud-tainted execution sale, restored title and ordered stay of execution pending land revision.
Civil procedure – interim reliefs – stay of execution and maintenance of status quo pending revision Civil procedure – compliance with court timetable – failure to file written submissions amounts to non-appearance; preliminary objection dismissed Land law – execution sale – fraud and material irregularity vitiate auction; sale void ab initio Procedure – Order XXI Rule 88 CPC – setting aside sale for fraud or material irregularity Evidence – allegations of fraud in civil proceedings require a higher standard than ordinary balance of probabilities
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26 October 2021 |
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Prisoner’s transfers and prison officers’ filing error constituted good cause for extension to lodge appeal documents.
Criminal procedure — Extension of time under section 361(2) Criminal Procedure Act — Good cause — Prisoner transfers and prison officers’ filing errors — Appeal struck out for erroneous filing — Overriding-objective to determine substantive justice.
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25 October 2021 |
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Prisoner’s transfers and prison officers’ filing error constituted good cause for extension of time to appeal.
Criminal procedure – extension of time under section 361(2) – "good cause" requirement Prisoners’ rights – transfers and practical impediments to pursuing appeals Procedural error by prison officers – allocation of responsibility for filing errors Overriding objective – determination of substantive justice
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25 October 2021 |
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22 October 2021 |
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Appellant's appeal allowed: sale found to have been made after attachment to defeat execution; District Court judgment quashed.
Execution and attachment — objection proceedings in Primary Courts — claim of ownership by transferee — disposition to defeat execution — sale agreement with conflicting dates — circumstantial evidence and adverse inference — appellate scrutiny of documentary credibility.
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22 October 2021 |
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Possession of unsurveyed land is prima facie ownership; appellant failed to disprove respondent’s title, appeal dismissed.
Land law – unsurveyed land – possession as prima facie evidence of ownership; burden on party alleging non-ownership to disprove possession-owner. Civil procedure – assessors in DLHT – written opinions must be in record and read to parties before judgment. Ward Tribunal procedure – not bound by strict rules of evidence; may regulate its own procedure. Evidence – weight and quality of evidence prevail over number of witnesses.
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22 October 2021 |
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The applicant's leave to appeal was dismissed as time‑barred; the court lacked jurisdiction to entertain the late filing.
Land law/Procedure – Leave to appeal – Time limitation and extension of time – Preliminary objection on jurisdiction – Where extension expired and no further extension sought, application is time‑barred and court lacks jurisdiction – Dismissal with costs.
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21 October 2021 |
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21 October 2021 |
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21 October 2021 |
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20 October 2021 |
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The court held that unilateral rent increases and public reallocation efforts breached the existing lease, granting declaratory and injunctive reliefs.
Land law – leasehold – 33-year lease – rent review clause enforceable; unilateral rental increases without required notice amount to breach of contract. Remedies – declaratory relief and interlocutory/permanent injunction to protect lessee’s rights; damages declined where lessee remained in occupation. Contract law – sanctity of contract and section 73 Law of Contract Act (compensation for breach).
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20 October 2021 |
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Whether non‑supply of judgment and prisoner transfers constitute sufficient cause to extend time to appeal.
Criminal procedure – Extension of time – Section 361(2) Criminal Procedure Act – Good and sufficient cause required. Delay in supply of judgment and proceedings – recognized ground for extension of time. Prisoner status and inter‑prison transfer – may justify delay and impede filing of appeals.
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20 October 2021 |
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20 October 2021 |
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20 October 2021 |
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Circumstantial and medical evidence upheld conviction; sentence altered to life imprisonment for rape of a girl under ten.
Criminal law – Rape – Proof of penetration sufficient even if slight; PF3 and medical evidence corroboration. Circumstantial evidence – Conviction permitted where facts exclude any other reasonable hypothesis of innocence. Proof of age – Parental testimony acceptable where no birth certificate. Right to have defence considered – Trial court must evaluate defence; failure is fatal if omitted. Sentencing – Section 131(3) prescribes life imprisonment for rape of a girl under ten years.
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20 October 2021 |
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Applicant failed to show good cause for inordinate delay; extension of time to appeal was refused.
Criminal procedure – Extension of time under s.361(2) CPA; requirement to show good and sufficient cause; applicant must account for all days of delay; delay must not be inordinate; affidavits as primary evidence—oral submissions cannot supply missing sworn facts; authorities: Lyamuya; Ngao Godwin Losero.
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20 October 2021 |
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20 October 2021 |
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Applicant’s prison transfer justified extension to file notice of appeal; respondent raised no objection.
Prisoners – Extension of time to file appeal – Transfer between prisons as cause of delay – Convicts’ dependence on prison authorities for filings – Respondent’s non-objection relevant.
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18 October 2021 |
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Appellate court reversed acquittal and convicted the respondent of two child rape counts; arrest ordered for sentencing.
Criminal law – Sexual offences – Child victims’ evidence – Section 127(6) Evidence Act; credibility of child testimony; medical evidence (PF3) corroboration; appellate re-evaluation of trial court misdirection.
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18 October 2021 |
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Victim testimony corroborated by a properly admitted cautioned statement proved sodomy beyond reasonable doubt; appeal dismissed.
Criminal law – Unnatural offence (sodomy) on a child – Standard of proof: beyond reasonable doubt – Victim's testimony and cautioned statement as primary evidence. Evidence – Cautioned statement admissibility and weight – No requirement for corroboration by extra-judicial statement. Evidence – Identification: failure to describe the assailant not fatal where victim can identify and lead to suspect. Evidence – Medical report (PF3) discrepancies – Minor inconsistencies that do not go to the root of the case. Evidence Act s.143 – No fixed number of witnesses required to prove a fact; calling other witnesses unnecessary where evidence suffices.
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15 October 2021 |
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Appellant's conviction quashed where 16‑year‑old complainant's unsworn testimony was improperly admitted and then expunged.
Evidence — admissibility of victim's testimony — "child of tender age" — age determined by birth certificate — section 127(2) Evidence Act — section 198(1) Criminal Procedure Act and Oath and Judicial Proceedings Act — unsworn testimony of non‑qualifying child expunged — insufficiency of evidence — conviction quashed.
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15 October 2021 |
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15 October 2021 |
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Prosecution failed to prove statutory rape where victim's age and witness contradictions left reasonable doubt.
Criminal law – Rape/statutory rape – proof beyond reasonable doubt – age of victim is essential and must be proved – magistrate's recital of age not evidence – witness contradictions and failure to call corroborative witness undermine prosecution case – medical evidence (PF3) insufficient alone.
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15 October 2021 |
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Appellant failed to show sufficient cause for non-appearance; dismissal for want of prosecution affirmed with costs.
Land procedure – Restoration of application dismissed for want of prosecution – Order IX Rule 9 CPC – requirement to show sufficient cause – duty of parties to follow up proceedings – tribunal’s discretion to dismiss for want of prosecution.
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15 October 2021 |
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15 October 2021 |
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13 October 2021 |
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13 October 2021 |
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Unreliable identification and defective parade procedures led to acquittal of all accused for lack of proof.
Criminal law – murder charge – visual identification and identification parade – unfavourable scene conditions (crowd, dust, delay) – procedural non‑compliance with Police General Orders and failure to produce prior statements (s.166 Evidence Act) render identification unsafe – circumstantial conduct insufficient for common intention.
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13 October 2021 |
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Delay in receiving the trial court’s judgment copy amounts to good cause for extension of time to appeal.
Criminal Procedure Act s.361(2) – extension of time to appeal – delay in supply of trial judgment copy by the trial court as good cause – reliance on Mary Kimaro v Khalfan Mohamed.
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12 October 2021 |
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Delay in obtaining trial copies and prison transfers constituted sufficient cause to extend time to file an appeal.
Criminal procedure s.361(2) – extension of time to appeal; delay in supply of trial court copies; prison transfers; sufficient cause; duty to account for delay; applicant vigilance; Mary Kimaro precedent.
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12 October 2021 |
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11 October 2021 |
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Trial conducted without required interpreter breached fair trial rights; conviction quashed and retrial ordered.
Criminal procedure – right to interpreter – Section 211(1) CPA – proceedings in language not understood by accused must be interpreted; failure to provide interpreter vitiates trial and judgment; remedy – quash conviction, set aside sentence and order retrial.
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11 October 2021 |
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11 October 2021 |
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11 October 2021 |
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11 October 2021 |
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Applicant granted extension after an in-time petition was struck out; technical delay deemed sufficient under the Limitation Act.
Arbitration law – challenge of final arbitral award – time to challenge runs from filing in court and notice to the aggrieved party. Limitation – absence of specific period for post-filing challenge – item 21 Part III Law of Limitation Act (60 days) applies. Civil procedure – extension of time – technical delay (pursuit of an earlier in-time but struck-out application) can constitute sufficient cause. Pleadings – allegations of illegality should be pleaded in affidavit though court may consider other grounds where justified.
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11 October 2021 |
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Conviction under section 302 quashed where prosecution failed to prove pretence, inducement or intent to defraud.
Criminal law – Obtaining by false pretences (s.302 Penal Code) – Elements: pretence, falsity, accused’s knowledge, intent to defraud, inducement, and thing capable of being stolen – Charge must mirror evidence; conviction unsafe where elements not proved.
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8 October 2021 |
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Applicant failed to show good cause or promptness; technical delay doctrine inapplicable; extension of time to appeal dismissed.
Criminal procedure – Extension of time to appeal – Discretionary remedy requiring good cause and prompt action. Doctrine of technical delay – applies where prior proceedings caused delay but requires promptness once prior matter disposed. Necessity of supporting documents and affidavits where delay is blamed on third parties (e.g., prison authorities) or court processes.
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8 October 2021 |
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8 October 2021 |
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Complainant lacked locus to sue in criminal trespass; defect nullified primary and appellate proceedings.
Criminal procedure – locus standi of complainant – complainant must be party whose right was infringed; Land Disputes Courts Act s.18(2) confined to land proceedings; defect in complainant’s capacity vitiates criminal proceedings.
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8 October 2021 |
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Termination unfair where respondent was not clearly charged and misconduct not shown to be exceptionally serious; 12 months' compensation upheld.
Labour law – fairness of dismissal – necessity of clear, codified charges and production of disciplinary code; Rule 12(2) and 12(3) (Code of Good Practice) – exceptional categories permitting instant dismissal on first offence; procedural fairness in disciplinary hearings; compensation under section 40(1)(c) for unfair termination.
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8 October 2021 |
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A supplementary affidavit with a jurat naming a different swearing person is incurably defective and must be expunged.
Affidavits — jurat of attestation must show the deponent personally made the oath; inconsistency between deponent and jurat is fatal; Order XIX r.3(1) CPC; Oaths and Statutory Declarations Act — prescribed form; overriding objective cannot cure fundamental affidavit defects; remedy — expungement of defective affidavit.
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8 October 2021 |