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Citation
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Judgment date
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| December 2022 |
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Eyewitness evidence and corroborated cautioned statements established common-intention murder; identification parade defects bore no prejudice to conviction.
Criminal law – murder – visual identification and credibility of eyewitness – cautioned statements and retracted confessions – corroboration – identification parade procedural compliance – doctrine of common intention – alibi evidence.
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30 December 2022 |
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29 December 2022 |
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29 December 2022 |
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District Court’s revision without hearing parties violated audi alteram partem and was quashed and remitted for rehearing.
* Probate law – Revisional jurisdiction – District Court’s power under section 22(1) & (3) Magistrates' Court Act – requirement to afford a hearing before making orders that alter parties’ rights; failure to hear vitiates revisional proceedings. * Natural justice – audi alteram partem – mandatory in revisional proceedings affecting rights. * Remedy – quashing of revision order and remittal for de novo hearing by another magistrate.
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23 December 2022 |
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Omission to cite the specific enabling rule rendered the extension application incompetent; the oxygen principle could not cure the defect.
* Labour procedure – extension of time – requirement to cite specific enabling provision (Rule 56(1) Labour Court Rules) – omission renders application incompetent.
* Jurisdictional principle – court’s power derives from statute; parties must move court by citing the law conferring the power.
* Procedural doctrine – the oxygen principle cannot cure failure to cite mandatory enabling provisions.
* Outcome – application struck out; merits not considered; no order as to costs (labour matter).
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23 December 2022 |
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22 December 2022 |
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22 December 2022 |
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22 December 2022 |
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22 December 2022 |
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22 December 2022 |
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22 December 2022 |
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22 December 2022 |
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22 December 2022 |
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22 December 2022 |
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22 December 2022 |
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22 December 2022 |
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22 December 2022 |
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22 December 2022 |
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An unequivocal guilty plea establishing all elements precludes appeal on conviction; five-year sentence upheld as lawful.
Criminal law – Plea of guilty – Requirements for an unequivocal plea (s.228(2) CPA; Michael Adrian Chaki principles) – Facts must disclose all elements – No obligation to tender exhibits after admission – Appeals against convictions on guilty plea barred except as to sentence (s.360(1) CPA) – Sentence within statutory limits.
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21 December 2022 |
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21 December 2022 |
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Appeal dismissed where the applicant’s unequivocal guilty plea and admitted facts established the offences, barring appeal under s360 CPA.
* Criminal law – Appeal against conviction on plea of guilty – s.360(1) Criminal Procedure Act bars appeals except on extent or legality of sentence. * Valid plea of guilty – requirements: proper charge, comprehension by accused, facts read and admitted, facts establishing all elements. * Effect of unequivocal plea – prosecution need not tender exhibits or call witnesses.
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21 December 2022 |
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21 December 2022 |
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21 December 2022 |
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20 December 2022 |
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20 December 2022 |
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Applicant failed to show a point of law or public importance; leave to appeal refused with costs.
Land law – Leave to appeal under s.47(2) Land Disputes Courts Act – Requirement of point of law, arguable appeal or public importance – Interlocutory orders (temporary injunction) – Appeal discretion – factual dissatisfaction not sufficient for leave.
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20 December 2022 |
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Court granted 30-day extension to file restoration of a dismissed bill of costs based on technical delay.
Limitation Act s.14(1) – extension of time; technical delay doctrine (Fortunatus Masha) – competent ground for extension where original filing was in time but in wrong forum; restoration of Bill of Costs dismissed for want of prosecution; promptness in seeking extension; alleged illegality of taxing master not adjudicated.
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19 December 2022 |
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19 December 2022 |
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19 December 2022 |
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19 December 2022 |
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Stay of execution refused: applicants failed to prove irreparable loss and did not provide required security despite a pending appeal.
Civil Procedure — Stay of execution — Order XXXIX Rule 5 CPC — requirements: substantial loss, no unreasonable delay, provision of security; allegations of illegality must be supported by affidavit; appeal does not automatically stay execution.
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16 December 2022 |
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CMA lacked jurisdiction to decide a public servant’s dispute where remedies under the Public Service Act were not exhausted.
Labour law — jurisdiction — Commission for Mediation and Arbitration lacked jurisdiction to hear disputes involving public servants who have not exhausted remedies under the Public Service Act (s.32A) — fixed-term contract governed by Public Service Act — review and quashing of CMA award.
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16 December 2022 |
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16 December 2022 |
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16 December 2022 |
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The respondent's refusal to escort cargo constituted gross insubordination, making the termination substantively and procedurally fair.
Employment law — unfair termination — substantive fairness: gross insubordination for refusal to perform core duties; procedural fairness — disciplinary process and ex‑parte hearing proved by committee report; burden of proof on employer (s.39 ELRA).
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15 December 2022 |
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15 December 2022 |
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Appellants' long possession and failure of respondents to prove an inter vivos gift entitled appellant to ownership and appeal allowed.
* Civil procedure – locus standi – may be raised at any stage but depends on pleaded cause of action
* Evidence – burden and standard in civil cases – preponderance of probabilities (s.110 Evidence Act)
* Evidence – hearsay and credibility of witnesses – failure to prove inter vivos gift
* Land law – customary distribution of land vs formal administration of estates
* Procedure – annexures not admitted as exhibits are not evidence; omission to file amended WSD not fatal if no substantial change
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15 December 2022 |
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15 December 2022 |
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The applicant's land claim was dismissed for failure to prove title; adverse possession was inapplicable.
Land law – proof of title and burden of proof under s.110 Evidence Act; Adverse possession – not available where competing allocations alleged; Relevance and admissibility of documentary evidence – document must correspond to pleaded land; Locus in quo – visit unnecessary unless it clarifies conflicting material facts; Failure to cross-examine – silence may amount to acceptance of evidence.
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14 December 2022 |
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An appellate court must give clear, adequate reasons when denying costs; an unexplained "relationship" rationale is insufficient.
Costs — discretionary award under Civil Procedure Code — court must state reasons when denying costs — vague reference to "relationship of parties" insufficient — appellate interference where discretion exercised on inadequate or irrelevant grounds.
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14 December 2022 |
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14 December 2022 |
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14 December 2022 |
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13 December 2022 |
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12 December 2022 |
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An appellant who challenges both an ex parte order and its merits must first apply to set aside the ex parte judgment before appealing.
Civil procedure — Ex parte judgments — Distinction between appealing merits of an ex parte judgment (automatic right) and challenging the order to proceed ex parte (requires prior application to set aside); matrimonial proceedings — competency of ex parte proof; appellate review limited to grounds of appeal.
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8 December 2022 |
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Denial of the applicant’s right to be heard rendered the forfeiture order unlawful and it was quashed.
Criminal procedure – Revision under ss.372–373 CPA – Forfeiture of property – Owner not a party – Right to be heard (Article 13(6)(a) Constitution) – Forfeiture under s.97(1)(b) Forest Act 2002 – Failure to afford audi vitiates proceedings (Mbeya-Rukwa precedent).
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8 December 2022 |
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7 December 2022 |
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6 December 2022 |
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5 December 2022 |
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The applicant's unsubstantiated illness did not amount to sufficient cause for extension of time to seek leave to appeal.
* Civil procedure – Extension of time – Application under section 11(1) AJA – requirement to show sufficient cause and account for each day of delay.
* Evidence – Affidavit required to contain material averments; submissions are not evidence.
* Proof of illness – Medical chit without explanatory averments insufficient to establish inability to act.
* Court of Appeal Rules – Time for applying for leave to appeal is thirty days under section 45(1).
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5 December 2022 |