Results.
223 judgments found.
Citation
Sort by Citation ascending
Judgment date
Sort by Judgment date ascending
December 2020
Transfer of land without spouse consent is void; property declared matrimonial and subject to probate.
Family law — Matrimonial property — spousal consent required — Law of Marriage Act s59(1)
23 December 2020
Plaintiff lacked locus standi because the land title was registered to another legal entity, so the suit was dismissed with costs.
Administrative law — Locus standi — legal capacity to sue — company incorporated after issuance of title cannot claim land unless transfer shown
Civil procedure — Pleadings and reliefs — where plaintiff lacks locus standi, merits need not be determined and suit may be dismissed
Land law
— Competing claims to land — person registered in title presumed owner unless title shown to be unlawfully obtained or transferred
— title deeds — certificate of title as primafacie evidence of ownership
18 December 2020
Court granted extension of time to appeal after finding a short delay justified and interests of justice favoured hearing the appeal.
Limitation law — extension of time — requirements and sufficiency of explanation for delay — Section 14(1) Law of Limitation Act
18 December 2020
Application for leave to appeal dismissed for inordinate delay and absence of an arguable point of law or public importance.
Civil procedure
— Appeals — Leave to appeal to Court of Appeal — Timeliness and requirements under Court of Appeal Rules r.45(a)
— locus in quo inspection — discretionary, required only in exceptional circumstances (conflicting evidence on location, boundaries or physical features)
Land law — Easement/right of way — Admissibility and effect of customary right of occupancy on right of way disputes — Village Land Act s 32(9)
16 December 2020
Applicant failed to account for delay; misfiled submissions and family problems did not justify extension of time.
Land law
— Land — Extension of time
— Lyamuya criteria apply — Mistaken filing and personal difficulties do not suffice absent explanation for delay — Illegality of decision not a substitute for accounting for delay
16 December 2020
A revision application filed one day after the six‑week statutory period is time‑barred and must be dismissed for want of jurisdiction.
Labour law — Revision — Six‑week statutory time limit — Time bar ousts jurisdiction
15 December 2020
Dismissal held unfair for lack of proof and procedure; terminal benefits limited to the applicant's contract, excluding double payments.
Labour law — Employment contracts
— Use of terminated/addendum contract involving non‑party employer
— right to be heard before adverse orders against distinct entity
Labour law — calculation of terminal benefits — Exclusion of double payments and distinction between housing, transport, subsistence and accrued leave
Labour law — unfair dismissal — substantive and procedural fairness — sufficiency of investigation report and evidence
15 December 2020
Illegality in tribunal composition (absence of assessors) constituted sufficient cause to grant extension of time to challenge an ex‑parte judgment.
Land law — Land procedure — Extension of time
14 December 2020
Extension of time refused where applicant failed to account for delay; Primary Court records not a prerequisite to appeal.
Appellate practice — Appeal procedure — copies of Primary Court proceedings are not a pre-condition to lodge an appeal to the District Court
Civil procedure
— extension applications — triable issues on merits are not determinative at extension stage
— extension of time — Bushiri principle applies
14 December 2020
An appeal filed after the 45‑day statutory period is time‑barred unless the appellant obtains extension of time showing good cause.
Civil procedure
— Appeals from District Land and Housing Tribunal — time limit for filing an appeal — Section 41(2) Land Disputes Courts Act
— limitation — exclusion of time awaiting certified copies under s.19 Law of Limitation Act — s.52(2) Land Disputes Courts Act and s.19 Limitation Act
14 December 2020
High Court lacked pecuniary jurisdiction over defamation claim because damages were general, not proved as specific.
Civil procedure — jurisdiction
— defamation claims ordinarily yield general, not specific, damages
— liberty to refile
— Pecuniary jurisdiction determined by substantive claim
— plaint struck out with costs
14 December 2020
Applicant granted 21 days extension to apply to set aside ex-parte labour judgment for sufficient cause and lack of proved notice.
Labour law — Extension of time — application to set aside ex-parte judgment — proof of service of process required to defeat excuse of ignorance
11 December 2020
Leave to appeal granted on arguable points about executor’s locus standi, resealing of foreign probate, and ownership of registered land.
Land law — leave to appeal
— admissibility and provenance of photocopied documents
— leave granted where arguable points of law exist
— locus standi of a foreign-appointed executrix
— ownership of land registered in joint names
— resealing/recognition of foreign probate
— time-barred appeals
11 December 2020
A beneficiary lacks locus standi and the land tribunal lacks jurisdiction where the dispute is essentially a probate distribution matter.
Probate law
— Administrator — the legal personal representative remains proper party until probate is closed
— Evidence — Form VI alone does not establish closure of probate or sole entitlement
— jurisdiction — District Land and Housing Tribunal lacks jurisdiction over disputes that are essentially probate/distribution matters
— locus standi of beneficiaries — when a beneficiary may sue in a land tribunal
11 December 2020
Conviction quashed where chain of custody and charge particulars were defective, leaving reasonable doubt.
Criminal law — Defective charge
— benefit of doubt where prosecution fails to meet standard of proof
— essential particulars and clarity between possession and trafficking
Criminal law — Trafficking in narcotic drugs
11 December 2020
Court granted extension of time to applicant due to illness and tribunal’s delay in supplying appeal documents.
Civil procedure — Appeals — delay in supplying such records can justify extension. Procedural irregularities/illegality on the face of the record as potential additional ground for extension
Civil procedure — extension of time
— discretion to grant
— illness and tribunal’s delay in supplying appeal documents may constitute good cause
11 December 2020
Appeal allowed because the ward tribunal assumed jurisdiction without ascertaining the suit land's value, vitiating proceedings.
Land law — Jurisdiction
— jurisdictional defects may be raised at any stage
— Pecuniary jurisdiction of ward tribunal
11 December 2020
Court granted a limited extension to exhibit estate inventory and ordered production of original estate documents for joint administration.
Civil procedure — production of documents — Ordering surrender of original estate papers to enable joint administration — Limits to court's intervention in estate administration
Probate law — Administration of estates — Duty to exhibit accounts and distribute estate — Court may grant extension for compliance
11 December 2020
Partly allows challenge to a bill of costs: not time-barred, advocate's firm may sign, but reduces excessive fees.
Civil procedure
— Advocates Remuneration — requirement that bill be drawn by advocate finally on record (Order 64(1)) and effect where advocate from same firm signs
— Costs — assessment and reasonableness of instruction, travel and taxation attendance fees under Advocates Remuneration Order and 11th Schedule
— Taxation of costs — Limitation
10 December 2020
Applicant’s bill of costs dismissed: costs arising from Court of Appeal proceedings must be taxed by that court.
Civil procedure — Taxation of costs — proper forum — where matter originated in Primary Court and concluded in High Court bill of costs must be filed with the District Registrar as taxing master
10 December 2020
Extension application dismissed for failure to comply with court orders and prosecute the case.
Land law — Land disputes act s.47
— dismissal for want of prosecution
— enforcement of court orders
— extension of time
8 December 2020
Revision under s372 CPA is incompetent against an interlocutory prima facie finding; matter remitted for defence.
Criminal procedure — Revision — Interlocutory orders not revisable unless they finally determine the charge — Prima facie finding (case to answer) is interlocutory
3 December 2020
Transfer of land registered without probate or letters of administration is void; child plaintiff entitled to equal estate share.
Land law
— Land registration — Indefeasible title on registration
— succession and estate administration
Succession law — Inheritance rights — Biological children entitled to equal share
1 December 2020
November 2020
30 November 2020
Applicant failed to account for each day of delay and lacked proof, so extension of time to appeal was refused with costs.
Land law — Land procedure — Extension of time — Afterthought where application follows execution proceedings — Dismissal with costs
30 November 2020
Failure to record a child’s statutory promise to tell the truth rendered the evidence inadmissible and conviction unsafe.
Evidence
— Child witness
— failure renders evidence improperly admitted and conviction unsafe — retrial ordered
30 November 2020
Applicant failed to account for each day of delay; insufficient cause for extension of time, application dismissed.
Civil procedure — extension of time — Discretionary relief — relevance and sufficiency of medical evidence — authorities: Lyamuya and Bushiri
30 November 2020
Appeal dismissed: respondent proved purchase of disputed land; late objections to sale agreement deemed afterthoughts.
Appellate practice — Appellate review of trial court's evaluation of evidence and credibility — First appeal duty to re-evaluate evidence and analyse record
Evidence — cross‑examination — Failure to cross‑examine treated as admission
Land law — authenticity of sale agreements — Sale agreement as proof of title — Burden of proof and authenticity of exhibit
30 November 2020
Applicant voluntarily resigned; court finds no unfair dismissal, no entitlement to claimed arrears or termination benefits.
Civil procedure — Remedies — entitlement to terminal benefits and allowances contingent on finding of unfair dismissal
Employment law — unfair termination and constructive dismissal
— burden of proof on employer
— voluntary resignation versus forced resignation
Labour law — Labour procedure — review of CMA award — adequacy of hearing and consideration of evidence
Legal profession — Remuneration disputes — salary-scale discrepancies claimed as afterthoughts and requirements for timely complaint
30 November 2020
27 November 2020
Court dismissed revision; termination procedurally unfair for denying the respondent a hearing, CMA award upheld.
Labour law — unfair termination — procedural fairness
— revision of CMA award
— right to be heard
— upholding CMA award
27 November 2020
Extension of time was refused where the applicant sought the wrong remedy and failed to prove advocate’s negligence as sufficient cause.
Appeals and procedure — Extension of time under s.11(1) AJA — Proper relief where matter originates from Ward Tribunal (certificate of point of law, not leave to appeal) — Requirement to show sufficient cause — Negligence or oversight by advocate without proof insufficient — Judicial discretion in extending time.
27 November 2020
Appeal concerned proof of entitlement under a construction BOQ, site-change authorisation, and unpleaded damages.
Civil procedure — Pleadings — relief not pleaded at trial (general damages) cannot be introduced or awarded on appeal
Contract law — construction contract — Bill of Quantities and allocation of payment obligations — Proof of contractual variation and funding source
27 November 2020
Termination was substantively and procedurally unfair; compensation awarded, reinstatement refused due to broken working relationship.
Labour — unfair termination — substantive and procedural fairness — mandatory investigation (Rule 13(1) Code of Good Practice) — board/disciplinary chair mandate — evidential burden for misconduct — compensation vs reinstatement — salary quantum assessment.
27 November 2020
Extension of time granted to challenge ex parte order due to excusable technical delay; file setting-aside application within 14 days.
Land law — Land procedure
— Alleged illegality of ex parte proceedings considered but unnecessary to decide
— Application to set aside ex parte order
— Extension of time
— Fortunatus Masha on excusable technical delay
— Technical delay due to striking out for wrong citation
27 November 2020
Appellant failed to prove ownership or adverse possession; assessors’ opinions and sale documents were valid, appeal dismissed with costs.
Land law — assessors' opinions
— Regulation 19(2)
— Requirement that assessors give written opinions and that such opinions be reflected in the proceedings and read to the parties
Land law — validity of sale and transfer
— Limitation Act (12 years)
— Validity of sale and evidentiary proof
27 November 2020
Applicant failed to prove constructive termination; court upheld tribunal finding that employment ceased after 2015 change of terms.
Labour law
— change of employment terms/ownership — effect on employment relationship
— Constructive termination — requirements and burden of proof
26 November 2020
Discrepancy about the weapon used (panga/knife/rungu) was material; prosecution failed to prove the charge beyond reasonable doubt.
Civil procedure — Pleadings
Criminal law — Assault occasioning actual bodily harm — burden to prove particulars of offence
Evidence — contradictions as to the weapon used (panga/knife/rungu) — where discrepancy goes to gist of case it may dismantle prosecution
26 November 2020
Applicant failed to show good cause for delay; CMA’s refusal of condonation was properly procured, revision dismissed.
Labour law
— evidence and procedure — New facts on revision — Revising court will not admit material not put before the CMA
— extension of time/condonation — Application of Lavamuya guidelines — Requirement to account for whole period of delay and show diligence
— unfair termination — condonation of late referral to CMA — Failure to prosecute within time and absence of substantiated excuse defeats condonation
26 November 2020
24 November 2020
Applicant failed to prove sufficient cause or apparent illegality to justify extension of time to appeal.
Civil procedure — Extension of time to appeal — illegality apparent on the face of the record as ground for extension
Land law — Appeals — Extension of time to file appeal — applicant's burden to show good cause
24 November 2020
Ward Conciliation Board letter valid; adultery proved; trial court’s property division and custody orders largely upheld; appellate variation quashed.
Civil procedure — Appeal — appellate variation of trial division set aside where unjustified
Family law — Children
— custody determined by best interests
— preference for mother for young children
Family law — Divorce — adultery and failed reconciliation establish irretrievable breakdown
Family law — Marriage law — Conciliation Board certificate — signed ward chairman’s letter may suffice under s.101 where reconciliation failed
Family law — Matrimonial property — domestic/household contribution counts as joint effort (Bi Hawa Mohamed)
20 November 2020
Wrong statutory citation and improperly admitted exhibits rendered forgery convictions unsafe; appeal allowed and fines refunded.
Criminal law — Forgery — Elements: forged document, identity of forger, intention to defraud — Proper statutory charge under s.339 and prejudice from wrong citation
Criminal procedure — Defective charge — incurable defect that prejudices right to a fair trial — Incapacity to be cured under s.388 CPA
Evidence — Documentary evidence — Mandatory reading of admitted exhibits — Failure to read contents in court renders admission irregular and subject to expungement
20 November 2020
20 November 2020
20 November 2020
Victim's sworn testimony and medical corroboration upheld the rape conviction despite expungement of PF3.
Criminal law — Sexual offence (rape) — Proof of penetration and reliance on complainant's evidence
Criminal procedure — charge particulars and curative power under section 388 CPA — Defective charge curable where accused informed of nature of offence — Documentary evidence — Reading document before formal admission warrants expungement
Evidence — Child witness (tender age) — promise to tell truth under s127
20 November 2020
Applicant failed to account for delay; illness evidence was inadequate and extension of time was refused.
Labour law
— illegality — not an automatic ground for extension where delay is unexplained
— Labour procedure — Extension of time — Sickness as cause — adequacy of medical evidence
20 November 2020
Appellant failed to prove title; tribunal properly evaluated evidence and recorded assessors’ opinions; appeal dismissed with costs.
Land law
— Appellate review — evaluation of evidence on balance of probabilities
— possession and limitation — continuous possession since 2002 supports respondents' claim and impacts adverse possession/limitation defence
— proof of title
20 November 2020
Applicant's criminal conviction for workplace theft justified termination without disciplinary hearing; revision dismissed.
Labour law
— Disciplinary procedure — Interaction between criminal charges and disciplinary action — Exceptional circumstances permitting dispensation of disciplinary procedures (Rule 13(11))
— termination for misconduct — Gross misconduct (theft) — Criminal conviction as justification for termination — Employment and Labour Relations (Code of Good Practice) Rules G.N. No. 42 of 2007
20 November 2020
Awaiting a revision and payment does not constitute sufficient reason to grant condonation for a late labour claim.
Civil procedure — Procedural law — discretion of arbitrator
— appellate court may revise such orders
— where delay is due to inaction/lack of diligence the CMA should not grant condonation
Labour law
— condonation — requirement of sufficient reason/good cause under Rule 31 GN
— limitation
20 November 2020