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Citation
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Judgment date
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| September 2021 |
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Conviction quashed for unsafe identification, improperly admitted extra‑judicial/caution statements and biased trial procedure.
Criminal law – Armed robbery – Visual identification – Requirements as to source and intensity of light, distance and duration to exclude mistaken identity. Evidence – Extra‑judicial statements – Requirement to clear and read documentary statements before admission. Evidence – Caution statements – Unsafety of relying on statements recorded by investigating/arresting officer. Criminal procedure – Duty to evaluate defence and avoid prejudgment; fairness in case-to-answer rulings.
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30 September 2021 |
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Application to correct Taxing Master's decision dismissed for want of prosecution due to non-filing of submissions and non-appearance.
Civil procedure – dismissal for want of prosecution – failure to file court-ordered written submissions and failure to appear – non-filing tantamount to non-appearance – dismissal with costs.
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30 September 2021 |
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A conviction based solely on uncorroborated voice identification is unsafe; appeal allowed and appellant released.
Criminal law – Sexual offence – Identification evidence – Voice identification inherently unreliable and weak; corroboration required; failure to prove beyond reasonable doubt leads to quashing conviction.
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27 September 2021 |
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Appellant’s possession of recently stolen money warranted conviction, but the subordinate court’s 10-year sentence was illegal and reduced.
Criminal law – Receiving stolen property (s.311 Penal Code) – proof requires possession, identity of property, recent theft and guilty knowledge. Doctrine of recent possession – elements and application. Evidence – accused’s false explanation may corroborate prosecution. Sentencing – subordinate courts’ jurisdiction under s.170(1)(a) Criminal Procedure Act; requirement for High Court confirmation under s.171(1) before imposing sentences exceeding five years.
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27 September 2021 |
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Retrial must follow appellate directions and previously framed issues; raising new issues without hearing parties nullifies the proceedings.
Civil procedure – Effect of appellate direction on re-hearing – re-hearing must be confined to issues left intact by appellate order. Civil procedure – Trial court raising new issues not founded on pleadings – parties must be given opportunity to be heard. Constitutional/fundamental rights – Right to be heard – denial of hearing vitiates proceedings and judgment.
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24 September 2021 |
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Applicant failed to prove good cause to restore an appeal dismissed for want of prosecution due to contradictory affidavits.
Civil Procedure – Restoration of appeal dismissed for want of prosecution – Requirement to show "good cause" under Order IX Rule 4 and section 95 CPC. Evidence – Credibility and consistency of affidavits – Contradictory sworn statements undermine application for restoration. Court registry conduct – Registry officer's role and testimony considered when assessing reasons for non-appearance.
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24 September 2021 |
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24 September 2021 |
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22 September 2021 |
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Revision dismissed: time objection overruled; no res judicata established; application dismissed with costs.
Civil procedure — Revision jurisdiction and limitation — Item 21 Law of Limitation Act (60 days) and section 19(2) exclusion for waiting for copies; Res judicata — Section 9 Civil Procedure Code — five-condition test; distinction between cause of action for monetary claim and application for return of property sold in execution.
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22 September 2021 |
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Court disallowed instruction and travel fees for lack of proof but upheld attendance fee under the ARO.
Advocates Remuneration Order – taxation of costs – order 58(1) receipts for disbursements – taxing officer’s discretion – injudicious exercise warrants interference; Order 55(3) – fees for attending taxation – awardable where advocate's attendance and work proven.
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21 September 2021 |
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A holder of a power of attorney cannot institute proceedings in her own name without proof and court approval.
Civil procedure – locus standi – power of attorney – holder of power of attorney not entitled to institute proceedings in own name without proof and court approval; genuine reasons required (absence, serious illness, old age). Civil procedure – competence of proceedings – proceedings instituted by person lacking locus standi are incompetent and may be struck out. Civil procedure – overriding objective – does not cure fundamental defects of locus standi.
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21 September 2021 |
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First appellate Tribunal failed to re-evaluate evidence; respondent did not prove allocation, appellant declared lawful owner.
Land law – customary tenure (malungulu) – allocation from customary holdings to youths – proof of allocation by Village Land Allocating Committee. Civil procedure – burden of proof in civil cases – "whoever alleges must prove" – balance of probabilities. Appellate review – duty of first appellate court to re-evaluate evidence critically; consequences of failure to do so. Evidence – duty to call material witnesses; adverse inference where material witnesses are not called.
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18 September 2021 |
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Illness and non-apparent illegality did not justify extension of time absent full accounting for the delay.
Civil procedure – Extension of time – Requirements under Lyamuya guidelines: account for delay, diligence, inordinate delay, and apparent point of law/illegality.* Evidence – Medical proof – Photocopied "taarifa ya afya" insufficient to account for delay where applicant attended court on judgment date.* Appeals/assessors – Alleged contradiction in assessors’ opinions must be apparent on the face of the record to constitute sufficient illegality for extension.
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17 September 2021 |
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Preliminary objection improperly decided; factual limitation and adverse-possession issues require full trial and remittal.
Land law – Limitation of actions – Section 9(1) Law of Limitation Act – constructive accrual from date of death – read with section 33(1) regarding adverse possession. Limitation – exclusion for disability/minority under section 15. Civil procedure – Preliminary objection – Mukisa principle: PO inappropriate where factual disputes require trial. Remedy – setting aside tribunal decision and remitting matter for full trial.
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17 September 2021 |
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Application to set aside bill of costs for alleged forged receipts dismissed for failing to prove fraud.
Civil procedure – Reference to Taxing Master – Bill of Costs – allegation of forged/ fraudulent documents in taxation reference; proof required to set aside taxation ruling. Advocates Remuneration Order GN No. 264 of 2015 – taxation of costs – no absolute requirement to prove instruction/consultation fees by EFD/VAT receipts; taxing officer determines quantum under statutory scales. Fraud – characterization and standard of proof in civil proceedings challenging documents used in taxation of costs.
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17 September 2021 |
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The appellant's conviction was quashed due to unreliable prosecution testimony and a defective seizure certificate.
Criminal law – unlawful possession of government trophies – adequacy and credibility of prosecution evidence – contradictions in witness statements and effect on conviction; Criminal procedure – search and seizure – requirement for independent witness under section 38(3) Criminal Procedure Act – defective seizure certificate expunged; Evidence – burden and standard of proof – benefit of reasonable doubt to accused.
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17 September 2021 |
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Leave to appeal granted where prima facie issues on existence of contract and loan-payment admissions warranted Court of Appeal review.
Appellate procedure – leave to appeal under section 5(1)(c) AJA – discretionary grant where grounds raise prima facie/arguable issues; noting of affidavit averments construed as concession; re-evaluation of factual findings by higher appellate court.
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17 September 2021 |
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16 September 2021 |
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15 September 2021 |
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Applicant charged with unlawful possession of government trophy granted bail with deposit, sureties, travel restrictions, and reporting conditions.
Criminal procedure — Bail pending trial under EOCCA (ss. 29(4)(d) and 36(1)) — bailability of offence of unlawful possession of government trophy. Bail as a constitutional/basic right — consideration of applicant’s ties to the jurisdiction, absence of prior convictions and availability of sureties. Appropriate bail conditions — monetary deposit (half value), two resident sureties with bonds, surrender of travel documents or proof thereof, jurisdictional restriction, reporting obligations, and verification by presiding magistrate.
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15 September 2021 |
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Appeal dismissed for want of prosecution was restored because absence of the tribunal record prevented meaningful written submissions.
Land appeal — dismissal for want of prosecution — readmission under Order XXXIX Rule 19 — sufficient cause — non‑receipt of lower tribunal record — written submissions — appeal restored.
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15 September 2021 |
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Extension of time granted because the first appellate court failed to determine several grounds of appeal; financial hardship insufficient.
Civil procedure – extension of time under s.25(b) Magistrates’ Courts Act; financial hardship insufficient without accounting for delay; Lyamuya criteria for illegality on face of record; appellate court’s failure to address grounds of appeal can justify extension.
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15 September 2021 |
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14 September 2021 |
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Acquittal upheld where conspiracy was unproven and key documents and cautioned statements could not reliably support conviction.
Criminal law — Conspiracy — Requirement of agreement/common intention between accused persons; must be proved beyond reasonable doubt. Criminal law — Stealing by servant (s.271 Penal Code) — Ingredients: employment and possession on account of employer; prosecution must prove theft beyond reasonable doubt. Evidence — Documentary exhibits admitted but not read out should be expunged and cannot ground conviction. Evidence — Caution statements recorded by investigating officers are of limited reliability and should not be sole corroboration for prosecution witnesses.
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14 September 2021 |
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14 September 2021 |
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Recognition by familiar witnesses and corroborating facts sustained conviction; appeal dismissed.
Criminal law – identification vs recognition at night; standards for visual identification; reliability where witnesses are familiar with accused; weight of contemporaneous acts and immediate apprehension; minor inconsistencies immaterial; afterthought defence and burden to raise reasonable doubt.
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13 September 2021 |
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13 September 2021 |
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Conviction for sodomy of a 12‑year‑old upheld; police oral admission expunged and sentence substituted to life imprisonment.
Sexual offences – carnal knowledge against order of nature involving a child; credibility of child victim and s127(7) Evidence Act; minor inconsistencies in dates not material; police oral confession inadmissible without recorded cautioned statement (s57 CPA); PF3 medical evidence as corroboration.
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13 September 2021 |
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Recent possession of victims' marked phones, lawfully recovered and corroborated, upheld appellant's armed robbery conviction.
Criminal law – Armed robbery – Doctrine of recent possession – Requirements: possession, positive identification, recent theft, and subject-matter of charge; Search and seizure – Section 38(1) CPA authorization; Co-accused evidence – need for corroboration; Identification – distinctive marks and receipts; Non-production of weapon not fatal to conviction.
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13 September 2021 |
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An appeal against a bill of costs is incompetent; the applicant must file a reference under the Advocates Remuneration Order.
Civil procedure – Competency of proceedings – Decision in Bill of Costs challenged by reference, not appeal. Advocates Remuneration Order, 2015 (G.N. No. 263 of 2015) – Order 3 (taxing officer) and Order 7 (reference procedure and time limits). Requirement – chamber summons supported by affidavit, filed within 21 days and served within seven days. Remedy for incompetent proceedings – striking out; costs discretionary where court raises issue suo motu.
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10 September 2021 |
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Applicants prematurely sought judicial review against a private church body without exhausting internal remedies; application dismissed.
Judicial review – availability against private bodies – public or quasi‑judicial functions required; Exhaustion of internal remedies – association constitutions (Article 166) – requirement to seek internal consent before litigation; Prerogative orders (mandamus/certiorari/prohibition) – limited to public bodies or where private bodies perform public functions; Abuse of court process – premature filing without exhausting internal remedies.
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10 September 2021 |
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The applicant's revision against an interlocutory tribunal ruling was premature and, being filed after 60 days, time-barred.
Revision — interlocutory orders — section 79(2) Civil Procedure Code bars revision against preliminary/interlocutory decisions; Limitation — Law of Limitation Act (First Schedule, Part III, item 21) prescribes 60 days for party-initiated revision; Land Disputes Courts Act — High Court has suo motu revisional powers but party-initiated revision must comply with limitation.
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10 September 2021 |
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Disposition of land requires written deed; certificate of title invalid if procured without lawful written disposition.
Land law – disposition of land – gift/donation – requirement for deed of gift and written signed contract under Land Act (Cap 113) – certificate of title not conclusive where procured without lawful disposition – burden of proof of donation.
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10 September 2021 |
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Waiting for certified copies of a ruling can justify extension of time to file a reference; extension granted for 21 days.
Advocates Remuneration Order – extension of time under regulation 8(1); *Law of Limitation Act s.19(2) – exclusion of waiting time for certified copies; *Requirement and practical importance of certified copies for lodging references; *Discretionary grant of extension where applicant acts diligently.
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9 September 2021 |
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Court dismissed the suit as res judicata under section 9 Civil Procedure Code and awarded costs.
Civil procedure – Preliminary objection – Res judicata – Deed of settlement and consent judgment – Section 9 Civil Procedure Code (Cap. 33 R.E.2019) – Abuse of process – Costs for malicious institution.
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8 September 2021 |
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The plaintiffs’ suit was dismissed as res judicata due to a prior consent judgment; costs awarded.
Civil procedure — Preliminary objection — Res judicata — Prior deed of settlement and consent judgment — Section 9, Civil Procedure Code (Cap. 33 R.E. 2019) — Dismissal of suit and costs for malicious or duplicative litigation.
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8 September 2021 |
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Non-joinder of land-allocating authorities and owners (and required 90-day notice) defeats a land suit; suit struck out.
Land law – preliminary objections – non-joinder of necessary parties; locus standi and misjoinder are factual matters requiring evidence and not susceptible to preliminary objection; procedural requirement to issue 90-day notice and join Attorney General/Solicitor General when suing local government; objection on unsigned pleading cannot be raised pre-emptively.
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7 September 2021 |
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Rape conviction upheld without DNA evidence; impregnating count quashed for defective particulars of date.
Criminal law – Rape (statutory rape) – Proof requires penetration and credible victim evidence; DNA not mandatory. Evidentiary law – Delay in reporting a sexual offence does not automatically discredit the victim; assessment depends on circumstances. Criminal procedure – Particulars of time in charge sheets must be sufficiently clear; defective particulars can render a count invalid.
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7 September 2021 |
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Appellant’s rape conviction upheld; conviction for impregnating a schoolgirl quashed for defective particulars.
Criminal law – Rape (statutory) – DNA evidence not mandatory; victim’s testimony and medical evidence may suffice – Delay in naming suspect does not automatically discredit evidence – Charge particulars must give reasonable clarity of dates; defective particulars warrant quashing.
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7 September 2021 |
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Conviction quashed where prosecution failed to establish chain of custody of seized narcotics under PGO 229.
Criminal law – Evidence – Chain of custody – Requirement to record seizure, transfers, exhibit labeling (PF.145), exhibit register and PF.180 to Chief Government Chemist per PGO No.229. Failure to account for movement and safe custody of easily tamperable exhibits (marijuana) renders prosecution evidence unreliable. Exceptions to broken chain of custody require case-specific justification; absent here.
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7 September 2021 |
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Rape conviction quashed where victim failed to identify assailant contemporaneously; prosecution did not prove guilt beyond reasonable doubt.
Criminal law – Rape – Identification – Victim’s evidence as best evidence but must be scrutinised – Failure to name suspect at earliest opportunity undermines credibility – Conviction quashed for failure to prove beyond reasonable doubt.
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6 September 2021 |
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A Primary Court’s appointment of an administrator cannot be set aside for delay absent statutory limit or proof of unwarranted prejudice.
Probate law – Letters of administration – Whether a specific limitation period exists for filing petitions for administration – Held: no fixed statutory time limit; applications can be entertained regardless of elapsed time. Civil procedure – Revision and appellate scope – Appellate court will not determine issues not raised or decided in the court below. Administration of estates – Delay in filing not, per se, ground to annul administrator appointment absent showing of unwarranted delay or prejudice.
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6 September 2021 |
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6 September 2021 |
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Withdrawal after a preliminary objection is impermissible; application struck out and costs awarded to the respondent.
Civil procedure — Preliminary objection — Withdrawal of application after preliminary objection raised — Not permitted; withdrawal would pre-empt objection — Application struck out with costs for respondent's legal expense.
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2 September 2021 |
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Withdrawal after a preliminary objection is impermissible; the application was struck out with costs.
Civil procedure – Preliminary objection – Withdrawal of application after preliminary objection raised – withdrawal impermissible as it pre-empts the objection – striking out – costs awarded for opponent’s legal representation and research.
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2 September 2021 |