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Citation
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Judgment date
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| December 2023 |
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Extension of time granted where timeous but incompetent original appeal created a technical delay and applicant acted promptly.
Extension of time — sufficient cause — accounting for delay; technical delay where original appeal was timeous but later found incompetent; diligence required; negligence in filing not necessarily fatal where applicant promptly corrected error; authorities: Lyamuya, Fortunatus Masha, Eliakim Swai.
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21 December 2023 |
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Second appellate court upheld concurrent findings; appeal dismissed for lack of misapprehension, procedural fatality, or proof.
* Land law – ownership dispute over unsurveyed parcel – proof of purchase and possession; concurrent findings of fact on appeal. * Civil procedure – second appeal – interference only for misapprehension of evidence, miscarriage of justice or procedural violation. * Tribunal procedure – signatures on ward tribunal proceedings not mandatory on every page; judgment-signature suffices. * Parties – non-joinder of seller not fatal where claimant fails to prove administrator status or raise timely objection.
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20 December 2023 |
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Failure to file the prescribed reference under Order 7(1) makes an appeal against taxation proceedings incompetent and struck out with costs.
* Civil procedure – Taxation of costs – Advocates Remuneration Order, 2015 (GN. No. 264 of 2015), Order 7(1) – reference to a High Court judge required within 21 days – failure to comply renders appeal incompetent and liable to be struck out for want of jurisdiction.
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20 December 2023 |
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Appeal allowed and DLHT proceedings quashed for failure to sufficiently describe the disputed land.
* Civil procedure – land disputes – requirement for description of immovable property – Order VII, Rule 3 CPC – insufficiency renders proceedings incompetent. * High Court revisional powers – section 43(1)(a),(b) & (2) Land Disputes Courts Act – power to quash tribunal proceedings for material error causing injustice. * Evidence – inconsistent pleadings and judgments on parcel size/boundaries undermine adjudication. * Cross-examination – failure to cross-examine noted but not determinative here.
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18 December 2023 |
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Unsworn testimony of a key witness and exhibits admitted through it were expunged, quashing convictions for trophies and firearm possession.
Criminal procedure — Evidence — Witness testimony must be taken upon oath or affirmation — Unsigned/unsworn testimony and exhibits admitted through such testimony have no evidential value and are expunged; insufficiency of remaining evidence warrants quashing conviction — Retrial not ordered to enable prosecution fill gaps.
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15 December 2023 |
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Whether an order refusing extension of time to file review is appealable to the High Court; court held it is not.
Civil procedure — Jurisdiction — Appealability of orders — Section 74 and Order XL, Rule 1 CPC — Order refusing extension of time to file review out of time not appealable — Application struck out as incompetent.
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15 December 2023 |
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Appeal dismissed: distributed estate ceased to be part of probate, suit filed within limitation, respondent proved ownership on balance of probabilities.
Land law – succession and probate – distribution of deceased’s estate – accrual of cause of action for land claims; limitation period; burden of proof in civil actions – evaluation of evidence on a first appeal; requirement of documentary proof to establish title.
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15 December 2023 |
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Respondent failed to prove joint acquisition of 153 sacks of paddy; appellate inclusion and sale of the third house was erroneous.
Family law — Division of matrimonial/family assets — Burden to prove joint acquisition and extent of contribution (s.114 Law of Marriage Act) — Evidence standards (ss.110,112 Evidence Act; Magistrates' Courts Rules) — Second appeal restraint: interference only for misdirection or miscarriage of justice — Execution limits: Rule 63(1)(b) (protection of residential house).
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14 December 2023 |
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Failure to read an admitted documentary exhibit led to its expungement and reversal of conviction for obtaining money by false pretence.
Criminal law – obtaining money by false pretence; Evidence – documentary exhibits must be read aloud after admission; failure to read is fatal and leads to expungement; Proof of mobile-money transactions and phone ownership; Standard of proof — prosecution must prove guilt beyond reasonable doubt.
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14 December 2023 |
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Application for extension refused; Registrar's rejection and alleged network failure not sufficient causes.
Extension of time – sufficiency of cause for delay; rejection by Deputy Registrar of electronic filing; necessity of attaching drawn order/decree authorising late filing; electronic filing rules – exemption/manual filing when system inaccessible; negligence and single-day unexplained delay.
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12 December 2023 |
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Termination for absenteeism upheld; limited subsistence allowance awarded and revision dismissed.
Labour law – unfair termination – absenteeism of more than five working days as valid grounds for termination; procedural fairness in disciplinary hearings; employee name discrepancies immaterial where records show interchangeable use; repatriation and subsistence allowance entitlement and quantification under section 43 ELRA and GN. No.47/2017.
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12 December 2023 |
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Applicant failed to plead sufficient cause for extension; submissions introducing illegality and new facts were not entertained.
Civil procedure – Extension of time – Grounds for extension must be pleaded in supporting affidavit; submissions cannot introduce new facts or substitute evidence – ‘Great chances of success’ is not ordinarily determinable at extension stage – Parties bound by their pleadings.
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12 December 2023 |
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Search, seizure, cautioned statements and chain of custody were lawful; trafficking conviction and sentence upheld.
* Criminal procedure – Search and seizure – s.38 Criminal Procedure Act; interaction with Drugs Control and Enforcement Act (Cap 95) and powers of ADU officers. * Evidence – Admission of cautioned/confession statements; four-hour investigative custody rule and exclusion of transport/investigation time. * Evidence – Section 34B hearsay statements (deponent not procurable) and attendant requirements. * Evidence – Chain of custody and oral proof of exhibit handling; secondary evidence (photocopy) and non-prejudice. * Burden of proof – prosecution proved trafficking beyond reasonable doubt; appellant's denial insufficient to create reasonable doubt.
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11 December 2023 |
| November 2023 |
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30 November 2023 |
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Second appellate court cannot entertain new grounds or execution complaints not raised in earlier tribunals; appeal dismissed.
* Land law – boundary/territorial jurisdiction – whether trial tribunal had jurisdiction over disputed parcel.* Civil procedure – appeals – second appeal cannot entertain grounds not raised or decided by the first appellate court.* Execution matters – claims arising during execution (harvested crops) cannot be raised for the first time on second appeal.
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30 November 2023 |
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Failure to serve mandatory 90‑day government notice ousts jurisdiction; application struck out with costs.
* Government Proceedings Act – section 6(2) – mandatory 90 days' notice of intention to sue – requirement to serve Municipal Director, Attorney General and Solicitor General.
* Local Government (Urban Authorities) Act – procedure for suing urban authorities – impact of Written Laws (Miscellaneous Amendments) Act No.1 of 2020.
* Civil Procedure – jurisdiction – non-compliance with statutorily required notice ousts court's jurisdiction to entertain suit or application.
* Interim relief – certificate of urgency does not cure non-compliance with mandatory notice provisions.
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30 November 2023 |
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An application filed in the name of a power‑of‑attorney holder, not the donor, is procedurally irregular and is struck out.
Labour procedure — verification of affidavit — verification of paragraphs includes sub‑paragraphs; Power of attorney — validity and proper use — holder cannot sue in own name; Locus standi — suit must be in donor’s name; procedural irregularity — striking out application for lack of locus standi.
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30 November 2023 |
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Purchase void where vendors defaulted and sale agreement unregistered; appellant not bona fide purchaser and appeal dismissed.
Land law – transfer of immovable property – requirement of registered deed of conveyance – effect of unregistered sale agreement; bona fide purchaser for value – caveat emptor; unpaid purchase price rendering sale voidable (s.55 Law of Contract Act); jurisdiction of District Land and Housing Tribunal against prior Primary Court proceedings.
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30 November 2023 |
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A defective written lease did not prevent finding an implied month-to-month tenancy; landlord granted possession and rent arrears.
Land law – tenancy – validity of company contract execution – authority to sign and company seal; implied/oral month-to-month tenancy established by occupation and payment; entitlement to possession and rent arrears where tenant defaults; ex-parte proceedings for absent defendant.
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30 November 2023 |
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23 November 2023 |
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23 November 2023 |
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23 November 2023 |
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A fresh appeal filed after a High Court ordered a de novo rehearing was incompetent; the original appeal remains pending.
Criminal procedure – appellate effect of High Court quashing district court judgment and ordering de novo rehearing; competence of subsequent fresh appeal; procedural interpretation of appellate orders.
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17 November 2023 |
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An advocate may depose an affidavit on matters within personal knowledge or on disclosed information and belief; objections requiring proof are not proper preliminary objections.
* Civil procedure – preliminary objection – improper raising of points requiring proof – such points should be argued on the merits, not by preliminary objection. * Affidavits – advocates as deponents – advocates may swear affidavits on matters within personal knowledge and may depose on information and belief if source disclosed (Order 19 Rule 3 CPC). * Advocate as witness – deposing counsel may be cross-examined and may be disqualified from acting as advocate if required to prove affidavit contents.
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15 November 2023 |
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Court registered parties’ deed of settlement as consent order, ordering division and transfer of matrimonial property and marking appeal settled.
* Family law – matrimonial property – parties’ Deed of Settlement – registration as consent order/judgment – enforceability as decree; division and transfer of matrimonial property; marking appeal settled.
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14 November 2023 |
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Excluding appellant’s witnesses without hearing him breached natural justice and nullified the lower tribunals’ proceedings.
* Natural justice – right to be heard – exclusion of witnesses without affording party opportunity to respond – vitiates proceedings. * Evidence – competency of witnesses – section 127 Evidence Act: interest or prior encounters affect weight, not automatic incompetency. * Appellate review – concurrent findings of fact may be disturbed where there is misapplication of legal principle or denial of fair hearing. * Remedy – nullification of tainted proceedings and retrial.
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13 November 2023 |
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The court dismissed respondents' late application to implead alleged necessary parties for failure to justify departing from the scheduling order.
Civil procedure — Impleader and necessary parties — Tests for necessity (right of relief; inability to pass effective decree) — Order I r.9 CPC (misjoinder/non‑joinder) — Scheduling orders and departure (Order VIII r.23 CPC) — Inherent powers/Section 95 CPC and overriding objective — dismissal of late impleader with costs.
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13 November 2023 |
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A company must have a board resolution authorising litigation; absence warrants striking out the applicant's suit.
* Companies law – institution of proceedings – board of directors’ resolution required to authorise litigation – Companies Act s.147(1)(a)&(b).
* Evidence – power of attorney does not substitute for an explicit board resolution authorising suit and appointment of counsel.
* Civil procedure – failure to plead or annex authorising board resolution renders company’s suit incompetent and liable to be struck out.
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13 November 2023 |
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Court held termination was retrenchment, retrenchment dues were paid, CMA's six-month compensation set aside.
Labour law – termination for operational requirements – retrenchment v. restructuring; Rule 23 Code of Good Practice and s.38 ELRA – consultation and disclosure; proof of unpaid terminal benefits; remedies for unfair termination; unjust enrichment.
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3 November 2023 |
| October 2023 |
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Court granted extension to seek joinder in pending land appeal due to an apparent point of law despite unexplained delay.
Extension of time – Law of Limitation s.14 – applicant must account for each day of delay and show diligence; illegality as ground for extension – must be apparent on the face of the record and of sufficient importance; composition of District Land and Housing Tribunal – alleged irregularity; joinder to pending appeal.
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31 October 2023 |
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Plaintiff's suit struck out for failing to sufficiently describe immovable property as required by Order VII, Rule 3 CPC.
Civil procedure – Order VII, Rule 3 – description of immovable property – sufficiency of plaint – requirement to specify precise size, boundaries, neighbours or title number – failure to do so renders plaint incompetent and liable to be struck out – costs.
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31 October 2023 |
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High Court set aside DLHT judgment because the immovable property was not sufficiently described, depriving jurisdiction.
Land law – Jurisdiction – Description of immovable property – Order VII Rule 3 CPC – Insufficiency/contradiction as jurisdictional defect; Evidence – sale agreement failing to disclose land size; Revisional powers – s.43 Land Disputes Courts Act – Court may suo motu nullify proceedings where material error affects merits.
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31 October 2023 |
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First appellate court upheld DLHT decision: omission of a witness from judgment and assessor changes did not vitiate proceedings without shown prejudice.
* Land law – ownership dispute over unsurveyed farm – entitlement to relief for trespass. * Procedural law – role and composition of assessors in District Land and Housing Tribunal; application of section 23(1)-(3) Land Disputes Courts Act. * Civil procedure – effect of omission of a witness’s evidence from judgment; requirement to show prejudice. * Appeal – first appellate court’s duty to re-evaluate evidence afresh.
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31 October 2023 |
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Application lacking sufficient description of suit land rendered DLHT proceedings incompetent and judgment nullified.
Land law – District Land and Housing Tribunal – Jurisdiction – Mandatory requirement to disclose location/description of suit land (Reg 3(2)(b) GN No.174/2003; Order VII r.3 CPC) – Uncertainty of subject‑matter renders application incompetent – Proceedings and judgment nullified – Court may raise jurisdiction suo motu and exercise revisional powers.
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31 October 2023 |
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Appeal dismissed where trial file lacked recorded proceedings and consolidation/joinder procedures were not properly recorded.
* Civil procedure — consolidation and joinder — necessity for clear, recorded orders when consolidating files or adding legal representatives; Order XXII, CPC considerations.
* Evidence — inconsistencies and contradictions in pleadings and testimony concerning ownership and parcel descriptions undermining claims.
* Record of proceedings — a judgment purportedly arising from a file without recorded hearings is defective; appeal not maintainable where trial record is absent or incomplete.
* Appellate review — first appellate court may re-evaluate evidence, but procedural defects may render substantive appeal unnecessary.
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31 October 2023 |
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Ward Tribunal proceedings are null where members’ attendance is not recorded and the non-member secretary signs the judgment.
Land tribunals – Ward Tribunal composition and quorum – necessity to record members who sat; Secretary not a member – signing judgment invalidates decision; Void proceedings – appeal to DLHT from nullity is incompetent; High Court revisional powers under s.43(1)(b) and (2) to set aside null proceedings; Remedy – set aside judgments, no order as to costs; fresh suit permitted subject to statutory compliance.
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31 October 2023 |
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The court recorded the parties’ deed of settlement as a consent judgment, making the land reallocation and terms binding and executable.
Civil procedure – Consent judgment – Recording a settlement as a decree under Section 95 and Order XXIII, Rule 3 of the Civil Procedure Code; Land law – settlement providing reallocation of equivalent land, issuance of title, waiver of claims; Enforcement – execution remedies on default.
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31 October 2023 |
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Failure to file court-ordered written submissions amounts to non-prosecution, but court may exercise discretion to avoid dismissal.
* Civil procedure – failure to file court-ordered written submissions – constitutes non-prosecution and is equivalent to non-appearance at hearing. * Order XXXIX, Rule 17(1) CPC – court may order dismissal where appellant does not appear. * Judicial discretion – court may decline to dismiss for want of prosecution where satisfactory explanation exists and may strike out instead. * Serving a respondent with submissions does not substitute for filing them in court unless satisfactorily explained.
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31 October 2023 |
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Failure to file court-ordered written submissions equates to non-prosecution; court struck appeal out in interest of justice.
Civil procedure – Failure to file written submissions – Equated to non-appearance and non-prosecution – Order XXXIX r.17(1) CPC – Discretion to dismiss or strike out – Costs consequences.
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23 October 2023 |
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Applicant failed to show good cause for extension; alleged illegality was unpleaded and application dismissed with costs.
Extension of time; good cause and accounting for each day of delay; illegality as ground for extension must be pleaded in affidavit; parties bound by pleadings; execution may overtake relief but primary failure here was lack of sufficient explanation.
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23 October 2023 |
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Appeal dismissed: filed 22 days late and wrongly lodged in High Court instead of via the DLHT; annexures disregarded.
Land law — Appeals from Ward Tribunal — Procedural requirement to file petition at DLHT and dispatch of record to High Court — Time limits under section 38(1) LDCA — Effect of filing out of time and in wrong registry — Admissibility of annexures not on record — Advocate professional conduct.
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23 October 2023 |
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Non‑compliance with section 127(2) when receiving child evidence led to expungement and quashing of the conviction.
Evidence Act s.127(2)–Child witness; duty to test understanding of oath and promise to tell the truth; non‑compliance renders child evidence of no evidential value and may be expunged; s.127(6) requires recorded assessment and reasons before convicting on uncorroborated child evidence; CPA s.212 (demeanour notes) not a substitute for s.127(2) safeguards.
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23 October 2023 |
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Application for Mareva injunction dismissed for want of prosecution after applicant repeatedly failed to appear.
* Civil procedure – dismissal for want of prosecution – Order IX Rule 5 and section 95 Civil Procedure Code (Cap 33 R.E. 2019).
* Mareva injunction – application for interim restraint pending notice to sue.
* Failure to appear at mention/hearing – inference of loss of interest – remedy dismissal.
* Costs – to follow the event.
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23 October 2023 |
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High Court reversed DLHT’s ownership declaration for lack of strict evidence and invoked revisional powers.
Land law – proof of ownership – strict proof required; Government proceedings – capacity of public corporation to be sued pre-2020 without Attorney General; Non‑joinder/retrospectivity of Written Laws (Misc. Amend.) Act 2020; Revisionary powers of High Court under s.43 of Land Disputes Courts Act; unjust enrichment where declaration made without adequate evidence.
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20 October 2023 |
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An appeal from a Primary Court filed directly in the High Court is incompetent and therefore dismissed.
Matrimonial appeals – appeals originating from Primary Courts must be filed in the District Court; jurisdictional filing requirements – non-compliance renders appeal incompetent; Law of Marriage Act s.80(2); Magistrates' Courts Act s.25(3); Civil Procedure (Appeals from Primary Courts) Rule 5(3); costs where defect raised suo motu.
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18 October 2023 |
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Applicant failed to show good cause or account for each day of delay; extension of time refused and application dismissed.
Civil procedure – Extension of time under Law of Limitation Act s.14 – applicant must show good cause and account for each day of delay; Order VII Rule 20(2)/Order VIII procedures on setting aside orders made in absence – necessity of credible evidence to substantiate reasons for non-appearance and delay.
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13 October 2023 |
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Appeal allowed: conviction quashed due to evidential contradictions and defective chain of custody regarding seized trophies.
Criminal procedure — s.210(3) CPA non-compliance; Evidence — chain of custody inadequacy and contradictory seizure documentation; Seizure/search — identification and marking of exhibits; Proof — failure to prove specific nature of government trophies (wildebeest tails); Failure to call crucial witnesses — adverse inference.
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13 October 2023 |
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Affidavit using statutory‑declaration attestation is defective; non‑compliance with prescribed forms sustains preliminary objection.
Oaths and Statutory Declarations Act — distinction between judicial oaths (affidavits) and statutory declarations; prescribed forms under sections 5 and 8 and Schedule under section 10; defective attestation clause — invalidity of affidavit; effect of non‑compliance with prescribed attestation.
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13 October 2023 |
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Primary Court lacked jurisdiction in a Christian probate matter; proceedings and subsequent revision were nullities, bad faith is a factual issue.
* Jurisdiction — Probate and administration — Primary Court may exercise jurisdiction only where applicable law is customary or Islamic law — no jurisdiction where deceased professed Christianity. * Procedural law — Preliminary objection — Allegation of bad faith is factual and not a pure point of law. * Nullity — Acts and orders of a court lacking jurisdiction are nullities; subsequent proceedings founded on null proceedings are equally void. * Relief — Setting aside decisions as null ab initio; permissive direction to preserve status quo where estate already administered or distributed.
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13 October 2023 |
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Applicant failed to prove sufficient cause for extension of time to file a reference; application dismissed.
* Civil procedure – extension of time – discretionary grant based on sufficient cause and accounting for each day of delay; no rigid formula. * Advocates Remuneration Order – reference to High Court must be filed within 21 days; time for obtaining copy of ruling is excluded. * Electronic filing – alleged system downtime and rejected filings must be evidenced and, if necessary, exemption sought under Electronic Filing Rules (Rule 20). * Failure to adduce proof from court officers as to system unavailability undermines claim of good cause.
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13 October 2023 |