|
Citation
|
Judgment date
|
| December 2023 |
|
|
Conviction quashed where victim's account was inconsistent, delay unexplained, and material witness not called, creating reasonable doubt.
Criminal law – Unnatural offence (sodomy) – sufficiency and credibility of victim's evidence; Evidence Act s127(6) – victim's testimony and corroboration; delay in seeking medical treatment – probative effect; failure to call material witnesses – adverse inference; preliminary‑hearing admissions and proof of essential elements.
|
29 December 2023 |
|
|
22 December 2023 |
|
Failure to file court‑ordered written submissions justified dismissal for want of prosecution; varying primary court orders was extraneous and quashed.
Civil procedure – extension of time – failure to file court‑ordered written submissions constitutes want of prosecution; affidavit not a substitute for adopted written submissions; each day of delay must be accounted for; trial court exceeded jurisdiction by varying an order when application dismissed for want of prosecution.
|
20 December 2023 |
|
Applicants who conceded a jurisdictional objection at the CMA cannot raise new arguments on revision; dismissal substituted with striking out.
* Labour law – jurisdiction – preliminary objection – whether CMA had jurisdiction to entertain retirees' claims under labour law or whether Public Service Act remedies must be exhausted.
* Public service/status – whether employees of a statutory authority established by international agreement are "public servants" under the Public Service Act.
* Civil procedure – appellate/revisional review – inadmissibility of fresh matters not raised below; concession to preliminary objection; afterthoughts.
* Procedure – effect of sustaining jurisdictional preliminary objection; dismissal versus striking out of proceedings.
|
20 December 2023 |
|
Claim for unpaid retirement benefits dismissed as hopelessly time‑barred though court had jurisdiction.
Limitation of actions – unpaid retirement benefits – Item 24 First Schedule Law of Limitation Act (6 years); Jurisdiction – retired public servant’s claims actionable in civil courts, not under Public Service Act/ELRA; Tolling – communications/promises do not automatically suspend limitation.
|
15 December 2023 |
|
Employee’s challenge to dismissal for sexual harassment dismissed; employer proved fair reason and procedure.
Employment law – termination for sexual harassment – employer’s burden to prove valid and fair reason (s.39 ELRA) – admissibility and non‑reading of exhibits – procedural fairness and disciplinary hearing – new grounds not raised at CMA.
|
12 December 2023 |
|
An appeal was struck out as time-barred because weekends and public holidays are not excluded when computing the statutory appeal period.
* Probate appeal — limitation — statutory thirty-day period under section 25(1)(a) MCA — computation of days under section 60(2) ILA — weekends/public holidays included except where final day falls on such day — reliance on Court of Appeal authority — appeal struck out as time-barred.
|
12 December 2023 |
|
Court upheld conviction, finding victim’s and other testimony sufficiently proved age and rape; missing witnesses not fatal.
Criminal law – statutory rape – proof of victim's age – age may be proved by victim/parent/medical testimony or inferred under s.122 Evidence Act; Sexual offences – best evidence is victim's testimony pursuant to s.127(6) Evidence Act – corroboration not always required; Non‑calling of investigator/assistants not fatal if case proved by credible evidence and medical report.
|
12 December 2023 |
|
A land suit was dismissed as time‑barred where the plaintiff failed to plead exemption from limitation.
Land law – limitation of actions – cause of action accrues when plaintiff becomes aware of wakfu depriving possession; 12‑year limitation applies; failure to plead exemption under Order VII r.6 fatal. Civil procedure – preliminary objections – locus standi and verification clause raising factual disputes are not pure points of law and cannot be disposed of at preliminary stage. Incorporation Act – registered trustees have capacity to sue and be sued.
|
12 December 2023 |
|
Appeal allowed: convictions quashed due to credibility issues, missing police/scientific proof, and prosecution’s failure to prove charges beyond reasonable doubt.
Criminal law – Sexual offences – Sufficiency and credibility of victim’s evidence; unexplained delay in naming suspect; need for scientific/paternity proof where doubts arise; presumption of accuracy of court records; recording of accused’s cross-examination.
|
11 December 2023 |
|
Trial court's failure to consider defence and contradictions in prosecution evidence led to quashed conviction and release of the appellant.
Criminal law – burden of proof – prosecution must prove breaking and entering with intent beyond reasonable doubt; trial courts must consider defence evidence; contradictions in witness testimony and failure to tender material exhibits may vitiate prosecution case.
|
11 December 2023 |
|
|
8 December 2023 |
|
The applicant’s conviction for grave sexual abuse was quashed because the prosecution failed to prove the offence beyond reasonable doubt.
* Criminal law – Grave sexual abuse – elements: act for sexual gratification and use of genital/other body part – need for clear evidence of the act.
* Evidence – proof beyond reasonable doubt – single witness testimony and its sufficiency in sexual offences involving a non‑testifying child victim.
* Forensic/medical evidence – absence of medical/forensic confirmation of alleged semen and lack of link to accused weakens prosecution case.
* Trial evaluation – appellate rehearing may reassess credibility and sufficiency of evidence; conviction may be quashed if prosecution fails to prove essential elements.
|
8 December 2023 |
|
|
8 December 2023 |
|
Murder conviction based on circumstantial evidence, matching fingerprint and DNA, and an admitted caution statement; mandatory death sentence.
* Criminal law – Murder – conviction on circumstantial evidence; last-person-seen doctrine.
* Forensic evidence – fingerprint identification and DNA linking blood at scene to deceased and accused.
* Evidence – admissibility and weight of cautioned/confession statement after trial-within-trial.
* Sentence – mandatory death sentence for murder under statutory provisions.
|
8 December 2023 |
|
Conviction unsafe where stolen cattle were not properly identified and confession was recorded outside the statutory time limit.
Criminal law – Theft – Identification of stolen property – requirement for special marks and in‑trial identification procedure; Criminal procedure – admissibility of cautioned statement – statutory four‑hour limit (s.50(1) CPA) and extensions (s.51); Circumstantial evidence – necessity of an unbroken chain excluding innocence; Confession – cannot substitute proof of offence elements.
|
8 December 2023 |
|
|
8 December 2023 |
|
Dispute was personal/contractual, not a land dispute; District Tribunal correctly declined land jurisdiction; appeal dismissed.
* Land law – meaning of 'land dispute' – dispute must concern rights or ownership of land to fall under Land Disputes Courts Act. * Jurisdiction – District Land and Housing Tribunal lacks jurisdiction where matter is contractual/personal rather than land-related. * Ward Tribunal jurisdiction – Ward Tribunal Act 1985 permits Ward Tribunals to hear civil matters referred for reconciliation. * Procedure – Quashing of appeal by District Tribunal appropriate when appeal does not arise from a land dispute.
|
7 December 2023 |
|
|
7 December 2023 |
|
|
7 December 2023 |
|
Repudiated confessions and uncorroborated phone evidence left reasonable doubt, so murder was not proven.
* Criminal law – Murder – requirement to prove death was unnatural and guilt beyond reasonable doubt. * Evidence – Confessional statements – voluntariness and cautioning; repudiated confessions require corroboration. * Electronic evidence – mobile phone communications require network/call log proof (TCRA/printouts) to corroborate statements. * Inconsistent/conflicting statements can go to the root of the prosecution case and create reasonable doubt.
|
6 December 2023 |
|
Unsworn witness testimony before the CMA invalidates proceedings and the award, requiring rehearing before a new arbitrator.
Labour law — Evidence — Witnesses before CMA must testify under oath or affirmation (Rules 19(2)(a), 25(1) GN No.67/2007; Oaths Act) — Unsworn evidence is no evidence and vitiates proceedings — Revisional powers under section 94 ELRA — Remittal for rehearing.
|
5 December 2023 |
|
|
5 December 2023 |
| November 2023 |
|
|
|
21 November 2023 |
|
Appellant proved ownership on balance of probabilities; appellate court quashed DLHT decision and declared respondent a trespasser.
Land law – proof of ownership – allocation by village authority – weight of documentary evidence (village committee letter) versus unsubstantiated oral claims; appellate re-evaluation where trial tribunal failed to analyse evidence; standard of proof in civil land disputes (balance of probabilities); locus in quo inspection not fatal where evidence determines outcome.
|
21 November 2023 |
|
New grounds cannot be raised in submissions without leave; farm was separately owned, sale valid, appeal dismissed.
Land law – matrimonial property vs separately owned property – requirement of spouse's consent under the Law of Marriage Act; admissibility of photocopied sale agreement as evidence; appellate procedure – raising new grounds by written submission without leave.
|
21 November 2023 |
|
Mortgage valid where respondent’s spouse gave statutory consent and bank relied on mortgagor’s affidavit; appellant’s cohabitation claim insufficient.
* Land law – mortgage of matrimonial home – section 114 Land Act – requirement of spouse consent and affidavit confirming marital status; mortgagee’s duty to verify and discharge thereof.* Cohabitation and contribution – claims to proprietary interest require appropriate matrimonial forum for division of matrimonial property.* Civil procedure – Land Disputes Courts Act s.23(3) – proceedings may continue without assessors where permitted and parties informed/consenting.
|
20 November 2023 |
|
The appellant's convictions were quashed where the prosecution failed to prove housebreaking, omitted key witnesses, and ignored the defence.
Criminal law – Burden of proof beyond reasonable doubt; particulars of offence – necessity to state time for breaking (housebreaking vs burglary); prosecution duty to call material witnesses – adverse inference for failure to do so; failure to consider accused’s defence; variance between charge and evidence requires amendment or renders charge unproved.
|
17 November 2023 |
|
Conviction quashed where victim’s night‑time identification was not watertight despite medical corroboration.
Criminal law — Sexual offences — Visual identification — Waziri Amani standard for night‑time identification; Proof of age in statutory rape — medical evidence as proof; Corroboration by medical evidence; Admissibility and effect of cautioned statement; Insufficient investigation and failure to exclude mistaken identity.
|
17 November 2023 |
|
An attempted rape conviction under s132(1)(2)(d) requires proof of representing oneself as husband and intent; absent such proof, conviction unsafe.
* Criminal law – Attempted rape – Section 132(1) and (2)(d) Penal Code – mandatory elements include representation as husband and intent to procure prohibited sexual intercourse – prosecution must prove these beyond reasonable doubt.
* Evidence – Circumstantial evidence – must be cogent, form an unbroken chain and exclude other reasonable hypotheses before sustaining conviction.
* Procedure – Substitution of charge – court must ensure ingredients of substituted offence are proved before convicting.
|
17 November 2023 |
|
|
17 November 2023 |
|
Burglary conviction quashed for wrong statutory charge; stealing conviction overturned for insufficient evidence.
Criminal law – Burglary – Correct statutory charge: difference between dwelling house and commercial premises – charge must conform to particulars; misdescription fatal and not curable under s.388(1) CPA. Evidence – proof beyond reasonable doubt – confessions and attendance with police insufficient to substitute for direct evidence or proper link to stolen property. Procedural law – defective charge incompatible with particulars cannot be cured.
|
17 November 2023 |
|
Non‑compliance with Evidence Act s127(2) and defective handling of PF3 rendered child’s evidence valueless, prompting acquittal.
Evidence Act s127(2) – Mandatory requirement for child of tender age to promise to tell the truth before testifying; non-compliance renders such evidence valueless; sexual offences – best evidence principle of victim’s testimony; tendering of medical report (PF3) – must be tendered by the examining clinician and read in court; procedural defects may lead to expungement and quashing of conviction.
|
17 November 2023 |
|
Convictions quashed where prosecution failed to prove breaking, properly identify stolen items, or establish voluntary confessions.
* Criminal law – breaking and entering – requirement to prove breaking/entry and how access was gained. * Criminal law – theft – doctrine of recent possession and its four requirements. * Evidence – identification of stolen property – need for specific description or special marks before production. * Evidence – confessions – voluntariness and requirement of warnings prior to oral admissions to police. * Procedure – searches/seizures – importance of independent/civilian witness to affirm legality of seizure.
|
16 November 2023 |
|
Improperly admitted sale document expunged, but appellant failed to prove ownership on the balance of probabilities.
* Land law – ownership dispute – burden and standard of proof (balance of probabilities).
* Evidence – admissibility of documents – requirement to annex and serve documents under Regulation 10 (GN. No.174 of 2003); improperly admitted documents expunged.
* Civil procedure – effect of setting aside ex‑parte judgment – prior ex‑parte evidence cannot be relied upon in subsequent inter partes proceedings.
* Credibility and witnesses – absence of certain witnesses not decisive; court must weigh plausibility of competing accounts.
|
16 November 2023 |
|
Lack of locus standi on public land is a jurisdictional defect; proceedings must be nullified, quashed and set aside.
* Land law – locus standi in respect of public land – lack of proprietary title amounts to lack of locus standi and goes to jurisdiction. * Civil procedure – jurisdictional defects may be raised suo motu or on appeal. * Remedy – where tribunal lacks jurisdiction proceedings and judgments should be nullified, quashed and set aside. * Revisional power – exercise under s.43(1)(b) Land Disputes Courts Act to correct jurisdictional irregularities.
|
16 November 2023 |
|
Ex‑parte judgment need not be separately notified where the respondent was present when judgment date was fixed and delivered.
Land law—ex parte judgment—requirement to serve notice of judgment; presence in court when date fixed and judgment delivered dispenses with separate notice; right to be heard; appellate review of discretionary decisions; inadmissibility of issues raised for first time on appeal.
|
14 November 2023 |
|
Victim's credible testimony and medical evidence sufficed to prove three counts of incest beyond reasonable doubt; sentences ordered concurrent.
* Criminal law – Sexual offences – Incest by male – Elements: paternity, victim under 18, penetration, identity of perpetrator. * Evidence – Victim’s testimony in sexual offences (s.127(7) Evidence Act) – credibility assessment. * Medical evidence as corroboration (PF3). * Contradictions: material versus minor inconsistencies. * Sentencing – omnibus sentence improper; substitution with concurrent sentences.
|
14 November 2023 |
|
|
14 November 2023 |
|
Convictions quashed due to a non-existent statutory offence and improper disposal of perishable trophy exhibits.
Criminal law – admissibility of cautioned statements – handwritten record prevails over typed proceedings; only maker may object; search and seizure – proviso requiring independent witness applies to dwelling houses not camps; perishable exhibits – mandatory procedure to produce accused before magistrate for disposal under Police General Orders/Order 25; charge formulation – conviction cannot stand where statutory amendment removed the offence; proof of possession – necessity of proper custody and inventory of exhibits.
|
13 November 2023 |
|
Conviction quashed where dock identification and evidence failed to prove robbery beyond reasonable doubt.
* Criminal law – robbery – element proof – stealing and use/threat of weapon must be proved beyond reasonable doubt. * Evidence – identification – unreliability of dock identification absent a prior properly conducted identification parade. * Evidence Act – burden and standard of proof (sections 110 and 112) – suspicion insufficient to sustain conviction.
|
13 November 2023 |
|
Identification of a known assailant under good lighting and corroboration upheld conviction for grievous harm.
* Criminal law – grievous harm – medical treatment, loss of consciousness and hospitalization as indicators of grievous harm under s.5 Penal Code. * Criminal procedure – visual identification – reliability tested by Waziri Amani factors (duration, distance, lighting, prior acquaintance). * Evidence – minor contradictions and non‑production of some witnesses do not necessarily defeat prosecution where testimony is credible and central facts are consistent. * Appellate review – trial court considered defence; appellate court may re‑evaluate credibility.
|
13 November 2023 |
|
Conviction upheld; excessive compensation reduced to statutory limit and substituted sentence left unreinstituted.
* Criminal law – Malicious damage to property – Evidence supporting conviction – appellate affirmation.
* Appellate jurisdiction – Distinction between appellate (s.21(1)(b)) and revisional (s.22(2)) powers of district court – proper basis for varying sentence.
* Magistrates’ Courts Act, 3rd Schedule Rule 5(1)(b) – primary court’s limit on compensation (T.shs.100,000).
* Community service – execution requirements and absence of Community Service Act documentation noted.
* Remedy – appellate court should vary excessive awards within trial court’s jurisdiction rather than quash entirely.
|
13 November 2023 |
|
Variance between charge and evidence and defective inventory under WCA rendered prosecution’s case unproved; conviction quashed.
* Criminal law – unlawful possession of government trophies – proof beyond reasonable doubt – variance between charge and evidence. * Criminal procedure – amendment of charge – section 234(1) Criminal Procedure Act – failure to amend is fatal. * Wildlife Conservation Act – disposal of perishable trophies – section 101 requirements and inventory formalities. * Evidentiary issues – defective inventory and seizure certificate insufficiency; requirement for lawful chain and court order.
|
13 November 2023 |
|
Restoration of an appeal dismissed for non-appearance requires pleaded, substantiated good cause; illegality alone is insufficient.
Criminal procedure — Restoration of appeal dismissed for non-appearance — Applicant must show good cause proved by pleaded and supported evidence; illegality is not a ground for restoration; parties bound by pleadings; Regulations GN No. 390/2021 (regs.17–20).
|
13 November 2023 |
|
|
10 November 2023 |
|
High Court grants leave to appeal to Court of Appeal, finding the applicants' grounds raise arguable issues for consideration.
Leave to appeal — discretionary test — whether grounds raise issues of general importance or prima facie arguable appeal; burden of proof — market value; Evidence Act s115 — presumption/exception to he who alleges must prove; Land Act s135(3) — bona fide purchaser protection; setting aside public auction — fraud, misrepresentation, dishonest conduct; duty of care and costs of appeal.
|
10 November 2023 |
|
Leave to appeal granted where arguable jurisdictional defects and trial irregularities, and document delay justified timeliness.
* Land law – leave to appeal to Court of Appeal – discretionary grant where proposed grounds raise arguable or jurisdictional issues. * Civil procedure – timeliness – collection delay of court records and certificate of delay can render leave application within time. * Trial irregularities – alleged failure to read assessors' opinions, improper service, undated ruling/order and ex-parte judgment legalities.
|
10 November 2023 |
|
|
10 November 2023 |
|
Forged-sale allegations not pleaded cannot decide a civil ownership dispute; earlier valid sale and admissions established appellant's title.
Land law – ownership dispute – burden of proof on balance of probabilities; pleadings – party bound by pleadings; forgery allegation not to be decided in civil case if not pleaded; admissibility – stamp duty and reading of exhibits in civil trials; nullified criminal proceedings cannot be relied upon; nemo dat quod non habet – purchaser from person without good title acquires no better title.
|
10 November 2023 |