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Citation
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Judgment date
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| August 2022 |
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Appellant proved ownership by allocation and continuous possession; trial tribunal erred in evaluating evidence, appeal allowed.
Land law – burden of proof and evaluation of evidence – continuous possession and allocation – non-joinder of seller not fatal where seller testified.
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31 August 2022 |
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Failure to tender letters of administration rendered the administrator's suit incompetent; annexures to pleadings are not evidence.
Civil procedure - capacity to sue - administrator of estate - letters of administration must be pleaded and proved; annexures to pleadings are not evidence. Evidence - annexures v. evidence - originals/tendering in court required under Evidence Act. Locus standi - failure to prove representative capacity renders proceedings incompetent and liable to be quashed.
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31 August 2022 |
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31 August 2022 |
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31 August 2022 |
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30 August 2022 |
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30 August 2022 |
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30 August 2022 |
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Nine-year delay was inordinate; unproven employer promises and vague remoteness claims did not justify condonation.
Labour law — condonation/extension of time — sufficiency of reasons required under Rule 11(3) — inordinate nine-year delay. Limitation and jurisdiction — failure to account for each day of delay is fatal to an application for enlargement of time. Promissory negotiations/settlement — uncorroborated promises by employer do not constitute sufficient cause for delay. Nature/remoteness of work — must be specifically described and evidenced to justify lateness; general allegations insufficient.
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30 August 2022 |
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30 August 2022 |
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29 August 2022 |
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27 August 2022 |
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26 August 2022 |
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A land ownership claim was struck out because statutory notice named a different entity and the amended plaint was procedurally defective.
Land law – nature of claim: declaration of ownership v. tortious trespass/compensation; limitation implications. Statutory notice – mandatory requirement under s.106(1),(2) Local Government (Urban Authorities) Act; identity of the entity named in notice must match party impleaded. Civil procedure – compliance with Order VI Rule 14; pleadings must disclose cause of action. Procedural defects going to the root may render a suit incompetent and lead to striking out with costs.
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26 August 2022 |
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Applicant granted extension of time to appeal after demonstrating diligence and registry/JSDS-related delay.
Procedure – Extension of time – Application under s.41(2) Land Disputes Courts Act – requirement to show sufficient cause – court considers length of delay, diligence and prejudice. Civil procedure – Registry delay and electronic filing (JSDS) issues may constitute sufficient cause. Precedent – Lyamuya test applied to assess diligence and inordinate delay.
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26 August 2022 |
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Leave to appeal granted where drawn-order delay and significant labour dispute raise prima facie arguable issues.
Appellate jurisdiction – leave to appeal under s.5(1)(c) AJA – leave not automatic; granted where appeal raises prima facie/arguable issues or matters of general importance. Civil procedure – extension of time – failure to attach drawn order and alleged registry delay as sufficient cause. Labour law – long-standing dispute remitted for merits may warrant appellate scrutiny.
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26 August 2022 |
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Court quashed order returning exhibit vehicle to respondent and ordered it remain in immigration custody pending finalization.
Criminal procedure — Custody of exhibits — Returning exhibits to accused while trial pending — Exhibits Management Guidelines 2020 — Risk of tampering, loss and effect on forfeiture under s.351 Criminal Procedure Act — Seizing agency custody pending finalization.
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26 August 2022 |
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Appellant failed to prove competing land ownership; earlier allocations and credible respondent evidence justified dismissal of the appeal.
Land law – competing village allocations – priority of earlier allocation; proof on balance of probabilities; weight of evidence in civil land disputes; certificate of occupancy and anomalies; failure to call material witnesses and adverse inference.
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24 August 2022 |
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24 August 2022 |
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24 August 2022 |
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A defendant must comply with Order 1 rules when impleading a third party; failure justifies striking the amended pleadings.
Civil procedure – Third‑party notice – Leave granted but not complied with – Order 1 rules 15 and 17 (Civil Procedure Code) – Improper impleading of third party in amended pleadings – striking out pleadings – third party procedure based on contribution/indemnity.
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24 August 2022 |
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24 August 2022 |
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22 August 2022 |
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22 August 2022 |
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Prisoner’s lack of control over administrative correspondence can justify an extension of time to lodge an appeal.
Criminal procedure – extension of time to lodge appeal – delay excused where imprisonment prevented control of administrative correspondence; ends-of-justice principle applied.
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22 August 2022 |
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22 August 2022 |
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Alleged illegality must be apparent and important to justify extension of time; application dismissed for undue delay.
Land appeals — Extension of time — Alleged illegality as sufficient reason — Illegality must be apparent on the face of the record and of sufficient importance — Need to account for delay depends on circumstances — Affidavit reliance on perusal of party’s case file acceptable when file is party’s possession.
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19 August 2022 |
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18 August 2022 |
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18 August 2022 |
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Conviction quashed for insufficient evidence and sentence set aside as unlawful given appellant's age at the time of the offence.
Criminal law – sexual offences – sufficiency of evidence where victim is sole direct witness; admissibility and reading of documentary exhibits; hearsay and failure to call a material witness – adverse inference; obligation to consider defence evidence; sentencing of juvenile/offender aged eighteen – limits under section 131(2) Penal Code.
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18 August 2022 |
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18 August 2022 |
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18 August 2022 |
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18 August 2022 |
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17 August 2022 |
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Inordinate delay and non-apparent alleged illegalities do not justify extension of time to appeal.
Land law – extension of time – section 38(1) Land Disputes Courts Act; illegality as sufficient cause for extension – must be apparent on the face of the record; clerical errors vs jurisdictional defects; inordinate delay defeats extension.
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17 August 2022 |
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17 August 2022 |
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Convictions quashed where time element and positive identification were lacking and cautioned statements were improperly admitted.
Criminal procedure – adequacy of trial judgment (s312 CPA); non‑compliance with s210(3) CPA – curable under s388; defective particulars/time element in house‑breaking charge; doctrine of recent possession – requirements and positive identification; admissibility and tendering of cautioned statements; conviction quashed for failure to prove charges beyond reasonable doubt.
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16 August 2022 |
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Hearing in absence was lawful; victim testimony and medical evidence sufficed to uphold conviction for sodomy.
Criminal procedure – s.226(1) & (2) CPA – hearing in absence after breach of bail; compliance with High Court remand order. Evidence – sexual offences – victim’s testimony may suffice; corroboration by medical examination (loose anal sphincter). Evidence – relatives as witnesses – admissible; lack of local leader corroboration not fatal. Trial fairness – evaluation of defence evidence; identification issues where prosecution was heard ex parte.
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16 August 2022 |
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16 August 2022 |
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15 August 2022 |
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Delay in supply of ruling and drawn order justified grant of extension of time to file a revision; no order as to costs.
Extension of time – discretionary relief – delay in supply of ruling and drawn order constitutes sufficient cause; Law of Limitation Act s14; Civil Procedure Code s95; application of Lyamuya test.
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15 August 2022 |
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15 August 2022 |
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15 August 2022 |
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15 August 2022 |
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Delay in disbursement did not breach the loan contract; the respondent must pay contractual sum and security may be realized.
Contract law – sanctity of contract; loan agreements – disbursement delay and deduction of fees do not necessarily constitute breach; evidence – failure to cross-examine admissions on key points; remedies – court may set aside injunction preventing realization of mortgage security; clarity of orders – necessity to specify when interest and repayment periods commence.
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15 August 2022 |
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Assessors’ opinions need not be recorded; procedural omissions are curable and a pre-marital house improved in marriage is matrimonial property.
Magistrates' Courts — Assessors — No requirement to give or have opinions recorded; consultative role. Civil procedure (Primary Courts) — Rule 46(3) — Reading recorded evidence to witnesses; omission is irregularity curable absent demonstrated prejudice (s.37(2)). Matrimonial property — Law of Marriage Act s.114(3) — Pre-marital assets substantially improved during marriage become divisible. Child custody — Welfare paramount; children’s wishes not determinative; variation available on changed circumstances.
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11 August 2022 |
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Alleged illegality on the record can justify extension of time to appeal from a primary court; waiting for judgment copy is not.
Civil procedure — extension of time to appeal — section 25(1)(b) Magistrates' Courts Act and G.N. No. 312 of 1964 govern appeals from primary courts; no statutory requirement to attach lower court judgment to petition of appeal. Extension of time — sufficiency of cause — illegality of impugned decision can constitute sufficient cause to extend time where supported by the record. Illegality — must be demonstrated and, if apparent on the face of the record, the Court should consider it even if extension is required. Authorities: Principal Secretary, Ministry of Defence v Valambhia; Tanzania Harbours Authority v Mohamed R. Mohamed.
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11 August 2022 |
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11 August 2022 |
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10 August 2022 |
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10 August 2022 |
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Tribunal improperly dismissed land suit for one-day absence; High Court quashed dismissal and restored the case for merits.
Land law – procedure – dismissal for want of prosecution – Regulation 15 GN No.174/2003 requires three months’ non-attendance before dismissal; one-day absence insufficient – revisional jurisdiction under s.43 Land Disputes Courts Act to quash and restore for merit hearing.
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9 August 2022 |