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Citation
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Judgment date
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| December 2022 |
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Whether DLHT was barred by res judicata and whether respondent proved ownership on the balance of probabilities.
Land law – res judicata – whether prior primary court or appellate decisions barred subsequent DLHT proceedings; Evidence – ownership of land – standard of proof on balance of probabilities; Value of documentary exhibits – building permit/site plan versus sale agreement and neighbours’ oral evidence; Appellate review – interference only for misdirection or non‑direction of evidence.
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30 December 2022 |
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Failure to file the mandatory CMA F.10 notice under Regulation 34(1) renders a labour revision application incompetent.
Labour procedure – Revision applications – Regulation 34(1) GN. No. 47/2017 – Mandatory requirement to file CMA F.10 notice of intention to seek revision – Non‑compliance fatal; overriding objective cannot cure express mandatory procedural rules.
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30 December 2022 |
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Application to extend time to restore a revision was struck out for lack of territorial jurisdiction; proper registry was Dar es Salaam.
* Civil procedure – territorial jurisdiction – proper registry for restoration of proceedings; effect of establishing a new sub-registry on territorial competence.* Law of Limitation – application for extension of time – whether ignorance or uncertainty as to proper registry excuses filing in wrong registry.* Judicial administration – transfer and management of case files between district/sub-registries and consequences for locus of proceedings.
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30 December 2022 |
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A vague description of un‑surveyed land in the plaint renders the suit incompetent and any decree unenforceable.
Land law – description of un‑surveyed land – pleadings must contain sufficient particulars (location, size, boundaries, distinguishing marks) to identify land; non‑description renders plaint incompetent and decree unenforceable; overriding objective cannot cure fatal defect affecting executability.
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19 December 2022 |
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A lease made by a purported manager without an effective power of attorney was void; appeal dismissed for failure to prove title.
Land law — validity of lease; power of attorney — effect of registration and timing; nemo dat quod non habet; burden of proof in civil claims; assessors' opinion — chairman must give reasons when differing.
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19 December 2022 |
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Applicant failed to prove extraordinary circumstances to waive mandatory referral to Marriage Reconciliation Board; application dismissed.
* Marriage law – section 101(1) – mandatory referral to Marriage Reconciliation Board and requirement of Board certificate; extraordinary circumstances exception under section 101(f).
* Statutory interpretation – meaning of "shall" and mandatory duties under the Interpretation of Laws Act.
* Procedural prerequisite – consequence of instituting matrimonial proceedings without Board certificate.
* Evidence – burden to show extraordinary circumstances rendering referral impracticable.
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19 December 2022 |
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Non-joinder of deceased sellers or their administrators does not defeat a land suit; striking out for non-joinder was erroneous.
Land law – non-joinder of parties – necessary vs non-necessary parties; Civil Procedure Code Order 1 Rule 9 – mis-joinder/non-joinder not fatal; plaintiff’s choice of defendant; relief for striking out for non-joinder; mandate to remit for fresh hearing.
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19 December 2022 |
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Failure to argue pleaded grounds on appeal amounts to failure to prove the case; appeal dismissed and lower decisions upheld.
Land appeal — failure to argue grounds of appeal — failure to prove case on balance of probabilities; guidance to unrepresented litigants — court may assist but not ‘spoon‑feed’; new grounds raised late — inadmissible on subsequent appeal; District Land and Housing Tribunal powers to receive additional evidence (s.34 Land Disputes Courts Act).
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19 December 2022 |
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A typographical mis‑citation does not invalidate a timely labour revision; pleadings may be rectified and the matter heard on merits.
Labour law – time limits for review/revision under section 91(1)(a) of the Employment and Labour Relations Act; Mis‑citation and typographical errors in pleadings; Overriding objective principle and amendment/rectification of pleadings to promote substantive justice; Jurisdiction to entertain timely applications despite format defects.
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19 December 2022 |
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Court upheld Taxing Master’s assessment; receipts not always required and applicant failed to show error.
* Civil procedure – Taxation of bill of costs – Discretion of the Taxing Master – High Court’s limited interference. * Costs – Proof of costs – No absolute requirement of receipts/vouchers for instruction fees; assessment guided by statutory cost scales and factors (work, complexity, attendances). * Judicial review – setting aside taxation only where discretion was exercised on wrong principle or improperly.
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19 December 2022 |
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Failure to plead when the cause of action arose (Order VII r.1(e) CPC) renders a plaint fatally defective and is struck out.
Civil procedure – Plaint particulars – Order VII, Rule 1(e) CPC – Requirement to plead facts constituting cause of action and when it arose – Failure renders plaint fatally defective – Suit struck out; limitation implications.
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19 December 2022 |
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Raising and deciding a new issue suo motu without hearing parties violates the right to be heard and vitiates the proceedings.
Civil procedure – jurisdictional irregularity – raising and deciding issue suo motu without hearing parties; right to be heard – nemo judex in sua causa; consequence: judgment a nullity and proceedings quashed.
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19 December 2022 |
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Appeal allowed: District Court lacked pecuniary jurisdiction for a simple loan claim; matter transferred to Primary Court.
Civil procedure – Pecuniary jurisdiction – Meaning and test for a "commercial case"; District Court lacked jurisdiction over a simple loan claim; transfer of proceedings under section 21 CPC; remedy for improper institution of suit.
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19 December 2022 |
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Applicants charged with economic offence granted bail subject to deposit of half the alleged loss and strict conditions.
Economic offences – bail pending investigation – application of section 36(4)-(6) of the Economic and Organised Crime Control Act; high-value property requires deposit of half the value as security; mandatory and additional bail conditions (cash or immovable property security, sureties, passport surrender, movement restriction, reporting).
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16 December 2022 |
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Time spent obtaining certified judgment is automatically excluded under the Law of Limitation, rendering the applicant's appeal timely.
Land Disputes Courts Act s41 — appeals to High Court (45 days); Civil Procedure Code Order XXXIX r1 — memorandum of appeal must be accompanied by copy of decree/judgment; Law of Limitation Act s19(2)/(3) — automatic exclusion of time spent obtaining certified judgment/decree; computation of limitation period; preliminary objection on time-bar.
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16 December 2022 |
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Court adopts parties’ deed of settlement as a consent judgment, ordering allocation of replacement plots and marking the land suit settled.
Land law – Consent judgment – Adoption of deed of settlement under s.95 and Order XXIII r.3 CPC – Agreement to allocate replacement plots – Binding effect and enforceability of settlement as decree – Bar to further suits on same cause of action.
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15 December 2022 |
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Court overruled preliminary objections, finding alleged defamation was via social media and factual issues required evidence; case proceeds on merits.
Defamation — Media Services Act 2016 — distinction between print media and social media; jurisdiction and time‑bar under sections 28–29. Civil procedure — preliminary objections — pure point of law vs. questions requiring evidence (Mukisa principle). Capacity to sue — unregistered entities: factual inquiry. Advocate disqualification — conflict of interest and potential witness: anticipatory objections not disposed at PO stage.
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15 December 2022 |
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An appeal was struck out as time-barred due to a two-day unexplained delay in filing.
Land law — Appeals from District Land and Housing Tribunal — Section 41(2) Land Disputes Courts Act — 45-day limitation period; Electronic filing — proof of filing date (JSDS) vs payment/receipt evidence; Time-barred appeal — preliminary objection sustained; Unexplained delay (even one day) is fatal.
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15 December 2022 |
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Application struck out for failing to plead a certificate under section 47(3) LDCA; leave granted to refile.
Land disputes — appeals from Ward Tribunal — section 47(3) LDCA — certification on points of law required; procedural requirements for Chamber Summons and affidavit; wrong citation of enabling provisions; incurable vs. curable defects; remedy of striking out with leave to refile.
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15 December 2022 |
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13 December 2022 |
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Unparticularised financial constraints do not constitute good cause to extend time to file a bill of costs.
Limitation — Extension of time under s.14(1) Law of Limitation Act; Advocates Remuneration Order 2015 (Rule 4) — bill of costs to be filed within 60 days; "good cause" for extension — factors: reasons for delay, length, accounting for each day, prejudice, exceptional circumstances; financial constraints generally not sufficient absent particularisation or evidence; exercise of judicial discretion to refuse extension.
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13 December 2022 |
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13 December 2022 |
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Registered certificate of occupancy establishes ownership; non‑joinder and a single procedural takeover irregularity were not fatal to the judgment.
* Land law — registered certificate of occupancy — evidential and determinative weight in competing claims to land.
* Civil procedure — non‑joinder of alleged allocator/sellers — plaintiff as dominus litis; failure to join or object at trial may estop later challenge.
* Evidence — appearance by agent under valid Power of Attorney — admissibility and effect.
* Civil procedure — succession of judicial officers — duty to record reasons for taking over; irregularity excusable if no prejudice to substantive justice.
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13 December 2022 |
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Applicant's contradictory, unproved reasons failed to establish sufficient cause for extension; appeal dismissed with costs.
Extension of time — sufficiency of cause; requirement to prove attempts to obtain judgment and medical incapacity; discretion of tribunal to grant extension — factors include length of delay, reason, prospects of success and prejudice; inadmissibility of written submissions filed out of schedule without leave.
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13 December 2022 |
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An appeal filed to the High Court after 60 days without extension is time-barred and struck out with costs.
* Land Disputes Courts Act, s.38 – time limit for appeal to High Court (60 days) and discretion to extend time for good cause.
* Civil procedure – preliminary objection – point of law on time-bar must be heard prior to merits.
* Appeal – filing outside statutory period without application for extension is incurably time-barred and liable to be struck out.
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12 December 2022 |
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Claims to recover deceased’s land and for declaratory relief dismissed as time‑barred under the Law of Limitation.
Law of Limitation Act — accrual of right to recover land of a deceased person (s.9(1)) — declaratory relief accrues on dispossession (s.9(2)) — administrator treated as claiming as if no interval between death and grant (s.35) — statutory limitation periods for land (12 years) and declaratory relief (6 years) — out of time suit to be dismissed (s.3(1)).
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12 December 2022 |
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An appeal against a District Court order extending time was held interlocutory and not appealable, so it was struck out.
* Civil procedure – Preliminary objection – Must be determined before merits – Effect of disposing whole matter.
* Appealability – Interlocutory orders – Order extending time to file an appeal is interlocutory and does not finally determine rights.
* Magistrates' Courts Act, s.43(2) – Limits on appeals from District Court interlocutory orders.
* Remedy – Incompetent appeal struck out with costs.
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12 December 2022 |
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Leave to appeal granted because appellate quashing of trial proceedings raised an arguable legal issue on ordering retrial.
Land law — leave to appeal under section 47(2) LDCA; appellate discretion to grant leave — issues of general importance or prima facie appeal; effect of declaring trial proceedings a nullity — whether retrial must be ordered after quashing judgment and setting aside subsequent orders.
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12 December 2022 |
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A village allocation without required approvals or prompt fair compensation does not extinguish the respondent's land rights; appeal dismissed.
* Land law – Village land allocation – Requirement of village assembly approval (s.8(5) Village Land Act) and prompt, fair compensation (s.3(1)(h)). * Evidence – burden to prove lawful allocation and compensation; necessity to tender and mark village minutes and related documents. * Possession/ownership – original owner not divested where no re‑allocation/compensation shown. * Locus – matrimonial/co‑ownership permits spouse to sue. * Appellate review – concurrent factual findings not to be disturbed absent misdirection or miscarriage of justice.
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12 December 2022 |
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Second appellate court dismissed appeal because appellants raised new grounds not previously argued before lower tribunals.
* Civil procedure – Appeals – Second appeal – New grounds raised at appellate stage – Appellate court cannot entertain issues not raised or argued in lower tribunals.
* Trial procedure – Ward Tribunal composition – Challenge to quorum/gender balance not raised earlier is not admissible on second appeal.
* Evidence – Questions of abandonment and witness contradictions must be raised and determined at trial and first appeal before second appellate review.
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12 December 2022 |
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A tribunal’s suo motu amendment of framed issues without hearing parties denied fair hearing and warranted retrial.
Land procedure – Framing of issues – Trial tribunal amended a framed issue suo motu in the judgment without consulting parties – amounted to denial of right to be heard and miscarriage of justice – proceedings and judgment quashed and matter remitted for retrial before another chairperson with new assessors.
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12 December 2022 |
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Appeal dismissed for want of prosecution after appellant failed to file court-ordered written submissions and seek an extension.
Civil procedure — compliance with court orders — filing written submissions within prescribed time — failure to prosecute — abandonment of appeal — submissions filed out of time without leave are disregarded; dismissal for want of prosecution.
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12 December 2022 |
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Non-joinder of a purchaser-in-possession makes a land suit incurably defective and liable to be struck out.
Land law — necessary parties — purchaser in possession must be joined; non-joinder renders plaint incurably defective; pleading requirements — Order VII r.1(e) (failure to state time when cause of action arose); procedure — failure to file ordered written reply permits court to decide preliminary objections on unchallenged submissions.
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12 December 2022 |
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High Court refused revision of DLHT decision, finding no apparent error on the face of the record and dismissing the application with costs.
* Land disputes – Revisional jurisdiction of High Court under Section 43(1) LDCA – Error apparent on the face of the record must be obvious and self-evident. * Review versus appeal – procedural limits and proper remedy where review was previously denied. * Execution – remedy sought (redemption versus eviction) not supported by demonstrable jurisdictional error.
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12 December 2022 |
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Applicants failed to show an apparent error on the record; High Court declined revisional intervention and dismissed the revision with costs.
Land law; revisional jurisdiction under Sections 41(1) and 43(1) LDCA; 'error apparent on the face of the record' principle; execution/ redemption orders; limits of review vs appeal.
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12 December 2022 |
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Failure to give reasons when departing from assessors’ opinions vitiated the trial and required retrial.
Land law – res judicata – appellate courts cannot consider issues not raised at trial; Land Disputes Courts Act s.24 – Chairperson must give reasons when differing from assessors’ opinions; omission renders proceedings a nullity – retrial before a different Chairperson and new assessors ordered.
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12 December 2022 |
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Chairman's failure to give reasons for differing from assessors nullified the proceedings and required retrial.
Land law - appeal - res judicata not raised at trial cannot be raised first on appeal; Land Disputes Courts Act, s.24 - Chairman must give reasons when differing from assessors; failure to give reasons renders proceedings nullity and requires retrial; non-joinder of necessary parties considered academic after nullity finding.
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12 December 2022 |
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Applicants terminated away from recruitment are entitled to daily subsistence allowance; CMA's omission was revised.
Employment law – Repatriation and subsistence allowance – s.43 Employment and Labour Relations Act and Reg.16(1) – entitlement where termination occurs away from place of recruitment – self‑repatriation does not extinguish right – revision under s.91.
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12 December 2022 |
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Accused convicted of murder on circumstantial evidence, recent possession and corroborated confession; mandatory death sentence.
Criminal law – Murder under sections 196 & 197 Penal Code – circumstantial evidence – doctrine of recent possession – corroborated extrajudicial confession – common intention – malice aforethought.
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8 December 2022 |
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Extension of time granted where prison transfer and late delivery of records amounted to good cause.
Criminal Procedure Act s.361(2) – extension of time; judicial discretion – Lyamuya principle; "good cause" requires circumstances beyond control; prisoner transfer and late delivery of records as sufficient cause; respondent's non-objection and interest of justice.
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7 December 2022 |
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6 December 2022 |
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Conviction unsafe due to unreliable night identification, absence of identification parade, and improperly admitted cautioned statement.
Criminal law – Visual identification at night – weakest form of evidence; must eliminate possibilities of mistaken identity (Waziri Amani). Identification parade – necessary where witness did not know accused before incident. Cautioned statement – admission requires affording accused opportunity to comment. Conviction unsafe where identification, admissibility and corroboration defects exist.
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6 December 2022 |
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5 December 2022 |
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Conviction quashed where disposal, chain of custody and documentary-admission procedures were defective.
Criminal procedure – unlawful possession of government trophy – disposal of exhibits in accused's absence – accused's right to be heard and to sign inventory – broken chain of custody – documentary exhibits must be read only after formal admission – failure to prove case beyond reasonable doubt – conviction quashed.
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5 December 2022 |
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One applicant failed to justify extension of time; another granted leave to appeal for arguable misdirection on the claim.
* Civil procedure – extension of time – Law of Limitation Act s.14(1) – applicant must show sufficient cause, account for each day of delay and file promptly.
* Delay – causes such as tribunal conduct, administrative interventions and COVID-19 require clear explanation and proof to constitute sufficient cause.
* Leave to appeal – discretionary; granted where grounds raise arguable issues of law or fact warranting Court of Appeal consideration.
* Mischaracterisation of cause of action – whether High Court erred by deciding on malicious prosecution instead of unlawful arrest and detention.
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2 December 2022 |
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Second appellate court dismissed appeal: sale agreement proved third‑party ownership; appellant failed to prove matrimonial status.
* Matrimonial property – classification of property – burden of proof on party alleging matrimonial asset – documentary sale agreement as best evidence. * Evidence – best evidence rule – written contract prevails over oral contradictions. * Property improvements/partial payments – do not necessarily confer ownership. * Appellate procedure – second appeal cannot raise issues not considered at first appeal (doctrine of trust).
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1 December 2022 |
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Plaintiff's ownership claim dismissed; lawful customary occupancy certificate upheld and respondent declared owner of disputed land.
Land law – proof of ownership – burden and standard of proof in civil suits; Customary right of occupancy – validity where statutory survey and objection procedures followed under s.25 Village Land Act; Acquisition by occupation/clearance of unoccupied village land; Effect of villagisation/land reforms and abandonment on historic customary rights; Estoppel/silence where no objections made during public land survey.
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1 December 2022 |
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An appeal filed beyond the 45‑day limit is incompetent and struck out; extension may be sought under section 361(2).
* Criminal procedure – Appeal time limits – Section 361(1)(a) and (b) CPA – Notice of intention to appeal vs. lodging petition of appeal – Petition filed out of forty‑five day period – Appeal incompetent and struck out; extension of time may be sought under section 361(2).
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1 December 2022 |
| November 2022 |
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Appeal allowed: night-time visual identification found unreliable, conviction for armed robbery quashed.
Criminal law – Armed robbery – Visual identification at night – Application of Amani Waziri principles; witness must detail source/intensity of light, proximity, duration and familiarity; unsafe identification renders conviction unsustainable.
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30 November 2022 |
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High Court granted leave to appeal on jurisdiction and several arguable land-law issues, but refused an afterthought failure-to-implead ground.
* Appellate procedure – leave to appeal under s.5(1)(c) AJA – requirement of issues of general importance, novel law, or prima facie/arguable appeal. * Land law – trespass on unsurveyed land and proof of ownership. * Property law – effect of title/COT and allegedly misleading information in tribunal findings. * Evidence/procedure – raising new grounds or new evidence on appeal; afterthoughts not to be certified. * Jurisdiction – jurisdictional challenges are fundamental and may be raised at any stage.
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30 November 2022 |