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Citation
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Judgment date
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| July 2021 |
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29 July 2021 |
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28 July 2021 |
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Failure to serve the Solicitor‑General under section 6(2) GPA rendered the suit incompetent and it was struck out.
Government Proceedings Act (s.6(2)) – mandatory pre‑action notice and duty to serve copies on Attorney‑General and Solicitor‑General; Amendments (Act No.11 of 2019) – procedural change with retrospective effect where no injustice; Notice as condition precedent – non‑compliance renders suit incompetent and incurably defective; Overriding objective cannot cure breach of mandatory procedural foundations; Representation by Attorney‑General does not substitute claimant’s duty to serve Solicitor‑General.
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27 July 2021 |
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27 July 2021 |
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27 July 2021 |
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Victim's credible testimony and medical corroboration proved rape; appellant's life sentence reduced to the statutory thirty‑year term.
Criminal law – Rape – Victim as best evidence – Corroboration by medical evidence and conduct of accused (disappearance). Evidence – Credibility and corroboration in sexual offence trials. Sentencing – Statutory minimum for rape of a 17‑year‑old (s.131(1) Penal Code) and limits on subordinate court sentencing (s.170(1)(a) Criminal Procedure Act).
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26 July 2021 |
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26 July 2021 |
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26 July 2021 |
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23 July 2021 |
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23 July 2021 |
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22 July 2021 |
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22 July 2021 |
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22 July 2021 |
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22 July 2021 |
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22 July 2021 |
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22 July 2021 |
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Extension of time granted where delay in filing appeal arose from late supply of trial proceedings, not applicant’s fault.
Criminal procedure – Extension of time to file a petition of appeal – Section 361(1)(b) & (2) CPA – Time for obtaining judgment or proceedings excluded from computation – Delay due to late supply of typed proceedings – Sospeter Lulenga v. The Republic followed.
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20 July 2021 |
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Temporary injunction under Order XXXVII requires an existing suit; application dismissed where a decree had already been issued.
Civil Procedure — Order XXXVII — Temporary injunctions require an existing pending suit where rights are undecided; decree already issued precludes Order XXXVII relief; extension-of-time application is not a 'suit' for injunctive purposes; distinction from TANESCO v IPTL noted.
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19 July 2021 |
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19 July 2021 |
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Failure to have assessors give and read their opinions in court vitiated the DLHT judgment and required a retrial.
Land procedure – assessors’ participation – Regulation 19(2) GN No.174/2003 and s.23(2) Cap.216 require assessors’ written opinions to be read in court before judgment – failure to do so vitiates proceedings and causes lack of jurisdiction; retrial ordered.
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16 July 2021 |
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16 July 2021 |
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15 July 2021 |
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14 July 2021 |
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14 July 2021 |
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14 July 2021 |
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14 July 2021 |
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13 July 2021 |
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Prosecution proved rape by victim identification, eyewitness and medical corroboration; appeal dismissed.
Rape — essential element of penetration; victim identification and eyewitness corroboration; medical evidence as corroboration; proof beyond reasonable doubt; conduct of accused as inferential evidence; procedural complaints not fatal absent evidence of prejudice.
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13 July 2021 |
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13 July 2021 |
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13 July 2021 |
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Failure to obtain and record a child witness’s mandatory promise to tell the truth vitiated the conviction; retrial denied.
Criminal law – Evidence of child witnesses – Requirement under amended section 127(2) for child to promise to tell the truth – Necessity to record simplified questions and the promise – Failure to comply may vitiate conviction; retrial only in interests of justice (Fatehali Manji applied).
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13 July 2021 |
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13 July 2021 |
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Court confirmed convictions on unequivocal guilty pleas, upheld mandatory 15‑year sentence, and ordered compensation to all victims.
Criminal law – guilty plea – conviction on own plea – appeal limited to sentence; statutory minimum sentence for sexual exploitation of children (s.138B(1)(a) Penal Code) – compensation to child victims – appellate variation of compensation order.
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13 July 2021 |
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District High Court registry lacked jurisdiction where parties contractually chose the Commercial Division as forum.
Civil procedure – jurisdiction – forum-selection clause; Commercial Division – exclusive forum agreed by parties; Section 7(1) CPC – implied bar where parties contractually limit forum; Enforceability of contractual choice of forum; Parties’ contractual obligation to perform under section 37(1) Law of Contract Act.
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12 July 2021 |
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DLHT judgment quashed for granting respondents substantive land rights without a counterclaim and for uncertain land description.
Land law – necessity of proper identification/description of land (title/plot/permanent boundaries) for an executable decree. Civil procedure – counterclaim as a cross-suit: requirement to plead particulars and pay filing fees before obtaining substantive relief. Natural justice – denial of fair hearing where substantive relief is granted without proper pleadings renders decision a nullity. Overriding objective/section 45 – cannot cure breaches of fundamental procedural rights.
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12 July 2021 |
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12 July 2021 |
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An applicant’s outpatient sickness occurring after the deadline does not justify an extension of time.
Land procedure – Extension of time – Applicant must adduce sufficient reasons and account for each day of delay; outpatient medical notes post-dating the deadline do not excuse delay – Judicial discretion in granting extension of time.
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12 July 2021 |
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12 July 2021 |
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Court granted 45-day extension to file appeal due to custody-related delay and prison transfer after sentencing in absentia.
Criminal procedure – extension of time to appeal – sentencing in absentia – prison transfers and custody-related delay as ‘peculiar’ or ‘special’ circumstances warranting extension – requirement (or absence) of supplementary affidavit.
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12 July 2021 |
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Court granted extension of time to a custodial, unrepresented applicant to correct an improperly filed notice and file an appeal.
Criminal procedure – Extension of time to file notice of appeal and appeal – Appeal struck out for improper notice – Exercise of judicial discretion – Custodial, unrepresented appellant – Respondent’s non-opposition.
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12 July 2021 |
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8 July 2021 |
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8 July 2021 |
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8 July 2021 |
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6 July 2021 |
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5 July 2021 |
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Court granted extension of time to file appeal due to prisoner transfers and lack of representation despite missing documentary proof.
Criminal procedure – Extension of time under s.361(2) CPA – Discretionary relief – Effect of prisoner transfers and lack of representation – Proof of request for proceedings and supporting affidavits.
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5 July 2021 |
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5 July 2021 |
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2 July 2021 |
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2 July 2021 |
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1 July 2021 |