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Citation
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Judgment date
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| April 2026 |
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Court expunged offensive paragraphs from the applicants' joint affidavit but allowed the application to proceed on remaining grounds.
Civil procedure — Affidavits — Order XIX Rule 3(1) — Affidavits must be confined to facts within deponent’s knowledge — Prohibition of legal arguments, opinions, matters of belief and unverified accusations — Expunction of offensive paragraphs — Application for extension/leave to appeal to proceed on remaining paragraphs
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10 April 2026 |
| March 2026 |
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A material variance between the charge and evidence on crime location justified quashing the applicant's conviction.
Criminal law — Variance between charge sheet and evidence on place of offence — Failure to amend charges — Variance going to root of case — Acquittal where charge unproved beyond reasonable doubt
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31 March 2026 |
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Appeal allowed: conviction quashed where inconsistencies, delayed reporting and implausible facts defeated proof beyond reasonable doubt.
Criminal law – sexual offences – proof beyond reasonable doubt – identification and physical feasibility – child witness evidence and need for corroboration – medical evidence and inconsistent medical timelines – delay in reporting affecting credibility
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30 March 2026 |
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Leave granted to 140 villagers to file representative suit over alleged unlawful disposal of village school.
Representative suit – Order 1 Rule 8 Civil Procedure Code – Requirement of common interest and mandate – Proof by meeting minutes/signatures – Ownership dispute premature at leave stage.
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26 March 2026 |
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Termination was substantively fair but procedurally unfair; applicant awarded twelve months' salary compensation.
Employment law – unfair termination – substantive versus procedural fairness; Code of Good Practice (Rule 13) – 48‑hour notice and fair hearing requirements; admission does not waive procedural protections; remedy for procedural unfairness—6–12 months' compensation; severance and repatriation exclusions for misconduct
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26 March 2026 |
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24 March 2026 |
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Conviction quashed where unexplained reporting delay and inconsistent, hearsay corroboration rendered prosecution evidence unsafe.
Criminal law — Rape — Standard of proof — Unexplained delay in reporting and failure to name suspect — Contradictions in witness evidence — Hearsay evidence cannot independently corroborate victim’s out‑of‑court statement — Conviction unsafe
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23 March 2026 |
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Appellant failed to prove unlawful disclosure of a bank statement; trial court’s evaluation and burden-of-proof application were upheld.
Banking law — duty of confidentiality — alleged disclosure of customer bank statement; Civil evidence — burden of proof in civil cases; Appellate review — limited interference with trial court findings of fact; Evaluation of contradictory witness evidence; Proper application of Evidence Act burden rules.
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23 March 2026 |
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Appeal dismissed: identification, recent possession, chain of custody and cautioned statement properly established; convictions upheld.
Criminal law – armed robbery – elements (use of weapon, intimidation, theft); Visual identification – lighting, prior acquaintance, duration; Recent possession doctrine; Chain of custody (PF16 & oral evidence); Admissibility and voluntariness of cautioned statements; Compliance with Criminal Procedure Act formalities; Burden of proof beyond reasonable doubt.
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23 March 2026 |
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Appeal against conviction for grave sexual abuse dismissed: victim and eyewitness evidence found credible and charge proved beyond reasonable doubt.
Criminal law – Grave sexual abuse – Child complainant evidence and eyewitness corroboration – No material variance between charge and evidence – Material witnesses – Credibility of relatives – Prompt reporting.
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23 March 2026 |
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Prosecution proved unlawful possession of elephant tusks: identification, chain of custody, and cautioned statement were upheld; appeal dismissed.
Wildlife offences – unlawful possession of government trophies – visual identification of trophies – chain of custody – corroboration of witness statements – admissibility and timing of cautioned statement – alibi notice under Section 200 CPA.
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23 March 2026 |
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A bare response of "It is true" to charge and facts is equivocal and cannot sustain a conviction; retrial ordered.
Criminal law — Plea of guilty — Requirement to explain and record all essential elements — Plea must be unequivocal — A bare "It is true" may be equivocal — Conviction on equivocal plea invalid — Retrial ordered.
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16 March 2026 |
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Primary court’s failure to hear administrator on a probate objection vitiated its order permitting respondent’s beneficiary account.
Probate procedure – Rule 10A(1)–(2) – Objections may be oral or written – duty to hear parties and give directions – right to be heard (audi alteram partem) – failure to record/hear objection vitiates order – remittal for rehearing.
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13 March 2026 |
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Absence of DPP consent on record rendered the trial nullity and unexplained delay in arraignment prevented ordering a retrial of the applicant.
Economic offences – jurisdiction – requirement of DPP’s consent and certificate conferring jurisdiction – absence from electronic court record renders proceedings doubtful; Perishable exhibits – inventory and disposal orders; Chain of custody; Arrest and arraignment – section 32 Criminal Procedure Act – prompt arraignment; Retrial discretion – Fatehali Manji principle.
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13 March 2026 |
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Appellant’s registered title presumed ownership; respondents failed to prove sale/inheritance, appeal allowed and Tribunal decision set aside.
Land law – registered title presumptive ownership; burden of proof in civil claims – claimant must prove; disposition of registered land – requirement of written evidence for sale/transfer; surrender of certificate for reallocation does not extinguish prior title; appellate re-evaluation of evidence
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10 March 2026 |
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Bail pending appeal requires overwhelming prospects of success or exceptional circumstances; personal factors alone are insufficient.
Criminal procedure – Bail pending appeal – Onus on applicant to show overwhelming prospects of success or exceptional circumstances – Appeals requiring careful factual analysis do not alone establish overwhelming chances – Good character/dependants/employment not sufficient.
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10 March 2026 |
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Advocate-attested witness statements breached s.7 of the Notaries Public Act; court ordered amendment within 14 days rather than dismissal.
Civil procedure – witness statements – formal production, oath and adoption under Order XVIII Rule 5; Notaries Public and Commissioners for Oaths Act s.7 – conflict of interest where advocate attests documents; defects and remedies – amendment versus expunction/dismissal; overriding objective.
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9 March 2026 |
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Plaintiff failed to prove ownership; NHC held title and lawfully evicted trespasser, so suit dismissed with costs.
Land law – title deed presumption – government acquisition and vesting in National Housing Corporation – personal/non-transferable tenancy – unlawful occupation/trespass – lawful eviction.
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6 March 2026 |
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Revision cannot substitute for an appeal; applicant failed to show exceptional illegality or material irregularity to invoke revision.
Civil procedure — Revision under section 89(1) CPC — Revisional jurisdiction is discretionary and not a substitute for appeal — Exceptional circumstances, illegality or material irregularity required to invoke revision — Vague or general averments in affidavit insufficient to attract revision — Non‑determination of technical citation objection when preliminary objection is dispositive.
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6 March 2026 |
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Accused acquitted where prosecution’s circumstantial evidence, alleged confession and phone ownership were unreliable and unproven.
Criminal procedure — prima facie case under s312 — circumstantial evidence must irresistibly point to guilt — credibility and contradictions of witnesses — admissibility and voluntariness of oral confession — proof of ownership/seizure (IMEI) of mobile phone — acquittal where no case to answer.
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6 March 2026 |
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Primary Court jurisdiction depends on deceased's mode of life; extraneous matters in judgment vitiate probate proceedings.
Probate law — Jurisdiction of Primary Court — Mode‑of‑life and intention tests to determine applicable law; Extraneous matter in judgment — fatal irregularity vitiating proceedings; Effect of invalidated will on petitioners’ legitimacy to be appointed administrators; Electronic filing — filing date under eCMS.
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5 March 2026 |
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Six convicted of manslaughter were conditionally discharged after sentence reduction and full remand credit, subject to six months good behaviour.
Criminal law – Manslaughter – Sentencing in low‑level manslaughter – guilty plea reduction – credit for remand custody – conditional discharge under section 38(1) – mob justice; mitigating and aggravating factors.
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3 March 2026 |
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Trial tribunal misdirected by deciding ownership without resolving conflicting property descriptions; proceedings quashed.
Civil procedure – parties bound by pleadings; evidence contrary to pleadings goes to no issue. Land disputes – importance of correct property description and resolving area of controversy. Locus in quo – visit may be necessary where circumstances dictate. Revision – s.47(1)(b) Land Disputes Courts Act – nullification of proceedings for misdirection.
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2 March 2026 |
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Failure to record assessors' opinions rendered the tribunal's proceedings a nullity and warranted a retrial.
Land disputes — Assessors’ participation — Mandatory invitation and recording of assessors’ written opinions before judgment — Failure to record assessors’ opinions renders proceedings a nullity — Annexed opinions not part of record — Revision and remittal for retrial.
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2 March 2026 |
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High Court may review its extension order despite a filed notice of appeal; affidavit verification defects are curable and amendable.
Civil procedure – review of High Court ruling – functus officio – notice of appeal does not automatically deprive trial court of jurisdiction; Review procedure – requirement to attach judgment/ruling – flexibility under overriding objective and digital access; Affidavit law – advocate may swear affidavits on matters of personal knowledge; verification errors curable.
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2 March 2026 |
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Whether the trial court properly divided matrimonial assets and treated debts and improvements as matrimonial liabilities or contributions.
Matrimonial property division; appellate re-evaluation of evidence; pleas and proof; matrimonial versus personal debt; compensation for contribution to improvements.
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2 March 2026 |
| February 2026 |
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Decisions of the Registrar of Titles must be challenged by appeal to the High Court; suit was improperly filed and struck out.
Land registration — Appeal from Registrar of Titles — Sections 101–102 Land Registration Act — "May" in s102 — Appeal procedure mandatory as exclusive remedy for Registrar’s decisions — Multiple defendants and Government Proceedings Act do not displace appeal requirement.
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25 February 2026 |
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Unexplained delay in arraignment and absence of an unequivocal confession led to quashing of conviction for lack of proof.
Criminal procedure – delay in arraignment under section 33 CPA – unexplained detention undermining prosecution; Evidence – cautioned statement must be clear and unequivocal to amount to confession; Proof beyond reasonable doubt – appellate re-evaluation may quash conviction where prosecution fails its burden.
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20 February 2026 |
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Confession and matching postmortem injuries supported conviction for manslaughter and a ten‑year sentence.
Criminal law – Cause of death; circumstantial evidence; admissibility and weight of cautioned/confession statements; provocation and reduction from murder to manslaughter; sentencing considerations.
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20 February 2026 |
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Applicant failed to account for each day of delay; counsel’s alleged negligence did not justify extension of time.
Civil procedure – Extension of time – Applicant must account for each day of delay – Alleged advocate negligence and technical/administrative difficulties require independent documentary proof – Mere allegations insufficient – Application dismissed for failure to show good cause.
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13 February 2026 |
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Whether the applicant may pierce the corporate veil to execute a CMA award against the company’s directors.
Company law – Corporate veil – Piercing the corporate veil to enforce a judgment/CMA award – Concealment of assets by directors – Execution against directors – Authorities: Salomon; Yusufu Manji; Gedda Franco.
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12 February 2026 |
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Conviction quashed for failure to establish continuous chain of custody of seized wildlife trophies.
Wildlife offences – unlawful possession and dealing in government trophies; Evidence – chain of custody and continuity of exhibits; Perishable exhibits – handling, preservation and disposal; Appeal – appellate duty to re-evaluate defence evidence where trial court omitted to consider it.
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9 February 2026 |
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Appeal dismissed: daylight visual identification and PF3 corroboration proved grievous harm beyond reasonable doubt.
Criminal law – Causing grievous harm – Visual identification – Reliability factors: daylight, prior acquaintance, proximity and duration of observation – Corroboration by eyewitnesses – Medical evidence (PF3) establishing grievous harm – Burden of proof beyond reasonable doubt.
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6 February 2026 |
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Conviction for statutory rape quashed due to material inconsistencies and failure to prove the victim’s age.
Criminal law – Statutory rape – Proof of age is a crucial ingredient – Material variance between charge and evidence on age fatal to prosecution – Absence of parent/guardian testimony or birth certificate – Conviction quashed.
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6 February 2026 |
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Court granted children appointment as administrators pendente lite despite contested Form 35 formalities and a caveat, subject to conditions.
Probate law – s.38 appointment pendente lite; Rule 50/Form 35 requirements (statement of fitness and third‑party affirmation); effect of caveat on pendente lite appointment; limited powers of interim administrators; duty to account and file inventory.
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3 February 2026 |
| January 2026 |
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Second appeal dismissed: conviction sustained by circumstantial evidence and cautioned confession; sale of proceeds authorised.
Criminal law – Theft – proof beyond reasonable doubt by circumstantial evidence and cautioned statement; failure to call general owner not necessarily fatal; sale of proceeds of crime; scope of second appeal on concurrent findings.
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30 January 2026 |
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Court upheld statutory rape conviction, finding the child complainant credible and preliminary hearing discrepancies non‑prejudicial.
Criminal law — Rape/statutory rape — Proof of age of complainant — Credibility of victim's evidence — Medical evidence of penetration — Preliminary hearing does not constitute part of prosecution evidence — Evaluation of defence evidence — Standard of proof beyond reasonable doubt.
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23 January 2026 |
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Victim’s credible testimony and medical evidence upheld rape conviction despite preliminary‑hearing variations.
Criminal law – Rape of a child – credibility of victim’s evidence – role of medical evidence – preliminary hearing not part of evidence – evaluation of defence evidence – appeal dismissed.
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23 January 2026 |
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A closed probate cannot be reopened by revision; the appellant must sue administrators or possessors in civil court.
Probate law – Closed probate – Re-opening closed probate only in compelling circumstances (e.g., undistributed property) – Revision jurisdiction of District Court under s.22(1) Magistrates' Courts Act – Non-parties’ remedy against administrators or possessors by civil suit – Primary court probate not appropriate forum for full land ownership adjudication.
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16 January 2026 |
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An heir may seek injunctive relief to preserve a deceased's estate pending appointment of an administrator.
Probate law – locus standi of heirs – injunctive relief to preserve deceased estate pending appointment of administrator – preservation versus administration of estate.
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16 January 2026 |
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Application for certificate to appeal on joint-administration and compelled-signing issues dismissed for lacking a point of law.
Appellate Jurisdiction Act s.8(2) – certification of point of law – screening function; joint administration of estates – revocation/appointment of administrators; distinction between legal issues and factual disputes; Court of Appeal jurisdiction limited to points of law of legal significance.
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16 January 2026 |
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Whether the District Court lacked jurisdiction to grant a non-relative adoption and breached statutory adoption procedures.
Adoption law — Jurisdiction to grant adoption orders (s54 Law of the Child Act) — Distinction between open (relative) adoption and closed (non-relative) adoption — Mandatory procedural preconditions for adoption (s56(3): six months' continuous care; three months' notice to Commissioner) — Revision under s89(1) CPC for subordinate court exercising jurisdiction not vested in it — Decisions without jurisdiction are nullities.
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15 January 2026 |
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Court struck out Director General as improperly joined and ordered Tanzania Airports Authority added; other objection requires evidence.
Civil procedure – Preliminary objection – point of law v. factual inquiry; Tanzania Airports Act 2024 – s.4(1), s.4(2)(a) – capacity to sue and be sued; Joinder of parties – Order 1 Rule 10(2) CPC – striking out improperly joined party; substitution of proper party; costs in the cause.
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14 January 2026 |
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Dismissal for want of prosecution quashed where tribunal failed to meet statutory conditions and ensure fair hearing.
Land procedure—dismissal for want of prosecution—Regulation 13(1)–(2) GN No.174/2003—requirement of two consecutive absences and calling party to proceed—right to fair hearing (Art.13(6)(a))—exercise of discretion—remittal for hearing on merits.
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9 January 2026 |
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Court dismissed extension to file revision for failure to show sufficient reasons and an apparent error on the record.
Extension of time – sufficient cause – need to account for each day of delay – illegality as ground for extension – error apparent on the face of the record – probate proceedings – inadmissibility/low weight of unsupported oral submissions.
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9 January 2026 |
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Application for director appointment struck out for being improperly filed under Commercial Division procedures.
Companies Act s.140 – application for appointment of director – procedural jurisdiction – High Court Commercial Division (Procedure) Rules 2012 – proper registry and institution of proceedings – striking out for improper filing.
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6 January 2026 |
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Court affirmed that payment into the decree holder’s bank account, which serviced his loan, satisfied part of the judgment debt.
Labour law — Execution of judgment — Payment into employee’s bank account — Bank deductions for PAYE and outstanding loan — Admissibility and sufficiency of bank statement/letter to prove payment — Review of Deputy Registrar’s execution ruling.
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6 January 2026 |
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An open-ended amendment order vitiated the trial; proceedings quashed and matter remitted for rehearing, appellant’s hearing rights intact.
Land disputes – amendment of pleadings – Order VI r17 CPC – open-ended amendment vitiates trial; right to be heard – party closed defence; proceedings nullity – remittal for rehearing.
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5 January 2026 |
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Winding-up petition struck out for failure to prove indebtedness and other statutory grounds; petitioner may refile.
Companies Act — Winding-up — Inability to pay debts requires proof that liabilities exceed assets — debts must be proved, not speculated; registered office and statutory filings — BRELA report and anomalies; just and equitable ground — insufficient evidence; locus to sue by administrator.
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5 January 2026 |
| December 2025 |
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Appellant's unequivocal guilty plea and admissions established rape; non-reading of tendered documents did not prejudice him, appeal dismissed.
Criminal law – Plea of guilty – Unequivocal plea requirement – Admission of facts establishing rape – Documentary exhibits (caution statement, PF3) – Non-reading after admission not prejudicial post-guilty plea – Duty to unrepresented accused – Ignorance of law not a defence.
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31 December 2025 |