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Citation
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Judgment date
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| April 2026 |
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Failure to sufficiently describe unsurveyed land in the application renders proceedings and judgment a nullity due to prejudice.
Land disputes; requirement to describe immovable property; Regulation 3(2)(b) GN No. 174/2003; unsurveyed land; he who alleges must prove; fair hearing; nullity of proceedings; revisionary powers s.47(1)(b) Land Disputes Courts Act
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2 April 2026 |
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An application filed against a person who died before filing is a nullity; applicant must sue the estate representative.
Civil procedure — Competence of proceedings — Applications arising from earlier suits qualify as "suits" — Proceedings instituted against a deceased person are nullities — Strike out or fresh suit against estate's representative
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2 April 2026 |
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Appeal dismissed: conviction upheld based on admissible caution statement, corroborating evidence, and reliable nighttime identification.
Criminal law – Burglary – proof beyond reasonable doubt; Visual identification – caution in night identifications but acceptable where lighting and corroboration exist; Caution statements – admissibility and weight where unobjected and corroborated; Legality of arrest – no prejudice shown; Trial evaluation – sufficiency of analysis of evidence
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1 April 2026 |
| March 2026 |
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Prosecution must prove embezzlement beyond reasonable doubt; inconsistent records failing to isolate accused's collections warrant acquittal.
Criminal law – burden of proof beyond reasonable doubt; embezzlement/misappropriation – elements (public official and dishonest misappropriation); attribution of revenue to accused; evidentiary inconsistencies in collection history and audit reports; renewal of contractual obligations by conduct; caution against criminalising civil/contractual disputes
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31 March 2026 |
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The appellant failed to prove ownership where the sale document conflicted with pleadings and title was clouded by a prior judgment.
Evidence — burden and assessment: party alleging ownership must prove on balance of probabilities; discrepancy between pleadings and documentary exhibit undermines credibility
Admissibility — failure to read an exhibit aloud is not fatal where contents were known
Limitation — cause of action is determined from the plaint
Property law — nemo dat quod non habet: prior judgment clouding title prevents valid transfer
Contract certainty — subject matter of land contract must be sufficiently described; misrepresentation/falsified contents vitiate reliance
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31 March 2026 |
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Appellant failed to prove land ownership; inconsistencies, prior court order and vague sale agreement warranted dismissal.
Land law – proof of ownership – evidentiary burden on the claimant – admissibility and reading aloud of documents – limitation accrual from plaint – nemo dat quod non habet – certainty of subject matter in land sale agreements
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31 March 2026 |
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Conviction for armed robbery upheld: identification, recent possession, witness omissions and ownership proved beyond reasonable doubt.
Criminal law – Armed robbery – Visual identification (recognition) with adequate lighting and prior acquaintance; doctrine of recent possession; omission of cumulative witnesses not fatal; ownership provable by oral evidence; defence duly considered; proof beyond reasonable doubt
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30 March 2026 |
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Civil suit for fire damage is competent; special damages require strict proof; respondent awarded TZS 3,000,000.
Civil procedure – tortious fire damage – civil suit competent despite potential criminality; standard of proof in civil claims is balance of probabilities; special damages must be strictly proved; where liability is established but valuation unsubstantiated court may award general damages
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26 March 2026 |
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Insufficiently pleaded description of land undermines proof; a tribunal cannot declare defendant owner absent a counterclaim.
Land law – Pleadings and description of immovable property – Identification of land (size, boundaries, neighbours) – Burden and standard of proof – Locus standi versus sufficiency of evidence – Counterclaim required before granting defendant ownership declaration – Decree competency and enforceability.
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23 March 2026 |
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Whether eyewitness and medical evidence sufficed to prove an unnatural offence against a mentally impaired ten-year-old.
Criminal law – Unnatural offence (s.154 Penal Code) – elements: carnal intercourse, against order of nature, penetration – Proof by medical and eyewitness testimony; Evidence Act – child witness competency (s.127/135) and admissibility; Victim’s mental incapacity – conviction without victim’s testimony; Arrest without warrant – First Schedule Criminal Procedure Act; Sketch map evidence not mandatory.
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19 March 2026 |
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Proceedings were quashed because a necessary party was joined but not shown to have been served, violating the right to be heard.
Civil procedure – joinder and service of summons – right to be heard – natural justice; Land law – ownership claims vs. occupation and matrimonial property allegations; Trial tribunal irregularity – ex parte procedure and nullification of proceedings.
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18 March 2026 |
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Administrator failed to prove estate title; court upheld respondents' hereditary long-occupation and dismissed the appeal.
Land dispute – proof of ownership – burden of proof and standard (preponderance of probabilities) – variance between pleadings and evidence – hearsay inadmissible – long occupation and customary inheritance as proof – appellate re-evaluation of credibility (Hemed Said v Mbilu).
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13 March 2026 |
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Conviction for theft quashed where prosecution failed to prove the money's existence and appellant's guilt.
Criminal law — Theft — burden to prove existence of alleged money and perpetrator beyond reasonable doubt — concurrent findings — reasonable doubt where third party had access — vexatious criminal complaint.
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10 March 2026 |
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A child’s recorded promise can sustain conviction; appellate court corrected an incomplete mandatory sentence against the appellant.
Evidence Act s135(2) – child of tender age may testify on promise to tell the truth; Criminal Procedure Act s200(4) – alibi notice; first appellate court powers to rehear; medical corroboration of child testimony in sexual offences; Penal Code s131(1) – mandatory composite sentence; revisional powers under s395(2) CPA to correct illegal sentence.
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6 March 2026 |
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Accused convicted of manslaughter: reliable visual ID and post-mortem proved unintentional unlawful killing; sentenced to 12 years.
Criminal law – Manslaughter (ss. 195, 198 Penal Code) – visual identification – post-mortem evidence (severe traumatic brain injury) – burden of proof – lack of malice aforethought – sentencing guidelines – intoxication as mitigation.
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6 March 2026 |
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Omission in charge cured but cautioned statement wrongly admitted; conviction sustained on victim's credible, corroborated evidence.
Criminal law – Grave sexual abuse (s.138C) – elements: sexual gratification, use of body part, lack of consent – omission in charge curable (s.411 CPA) – cautioned statements require trial-within-trial/inquiry – wrongful admission expunged – victim as best witness; corroboration by community witnesses.
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6 March 2026 |
| February 2026 |
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Cautioned statement recorded outside statutory time is inadmissible, but corroborative circumstantial evidence and proper seizure documentation sustain conviction.
Criminal law – Burglary and theft – circumstantial evidence – identification and admission of exhibits – contemporaneous seizure documentation – chain of custody may be proved by oral evidence – cautioned statement recorded outside statutory time is inadmissible.
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27 February 2026 |
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Consolidating distinct land suits without common parties or subject matter is a material procedural error warranting quashing and rehearing.
Civil procedure — Consolidation of suits — Misjoinder — Land disputes — Locus standi — Quashing of proceedings for material procedural irregularity.
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26 February 2026 |
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Failure to comply with mandatory attendance and Rule 11/12 requirements rendered the Tribunal’s proceedings null and void.
Land procedure — Compliance with Land Disputes Courts (GN No.174) Rules 11 & 12 — Ex parte proceedings — Duty to read and explain application — Attendance recording — Irregularity vitiating proceedings; remittal for fresh hearing.
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26 February 2026 |
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Court may use inherent jurisdiction after s.44 LLA became inoperative, but applicant failed to prove the land claim was time-barred.
Civil procedure – Extension of time to institute substantive land claim – Inoperativeness of s.44 Law of Limitation Act after judicial declaration – Scope of s.14 LLA and inherent jurisdiction under s.105 CPC to fill statutory gap – Limitation for recovery of land (12 years) – Adequacy of affidavit to prove expiry of limitation period.
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26 February 2026 |
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Administrator’s land recovery claim accrues at deceased’s death; suit filed decades later barred by limitation.
Limitation of actions – Recovery of land left by a deceased – Accrual of right of action from date of death (s.9(2), s.35 LLA) – Electronic filing rules deeming filing date where fee paid within seven days (Rule 21(3)) – Exclusion of time to obtain judgment copy (s.19(2) LLA).
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25 February 2026 |
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Appellate court affirmed rape conviction: penetration, lack of consent and reliable recognition established; procedural defects curable.
Criminal law – Rape – proof of penetration and absence of consent – victim’s testimony corroborated by medical evidence (PF3).
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25 February 2026 |
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Conviction quashed where trafficking particulars were defective and seized seeds were not properly identified or tendered.
Criminal law — Drugs Control — Defective particulars of 'trafficking' — necessity to specify mode of trafficking; Evidence — chain of custody, identification and tendering of exhibits; Procedure — legality of search and compliance with s.38 and s.248 CPA; Fair trial — material procedural irregularities vitiating conviction.
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25 February 2026 |
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An appellate court must justify varying a trial court's equitable division of matrimonial assets under section 114 LMA.
Matrimonial property division; s114 Law of Marriage Act; contribution and inclination towards equality; appellate re-evaluation; requirement for substantiated reasons and clear implementation mechanism.
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25 February 2026 |
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Conviction quashed where victim’s doubtful testimony and lack of proof of perpetrator made sexual-offence convictions unsafe.
Criminal law – Sexual offences – Reliance on victim’s evidence and credibility – Corroboration and medical evidence – Proof of age, penetration and identity – Variance between charge particulars and evidence – Failure to call material witnesses – First appellate court’s duty to re-evaluate evidence.
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20 February 2026 |
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Conviction quashed where recent-possession and confession leading to discovery were not proven beyond reasonable doubt.
Criminal law — burden of proof beyond reasonable doubt; doctrine of recent possession; constructive possession; confession leading to discovery (s.31 Evidence Act); inadmissible hearsay; appellate re‑evaluation of evidence.
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20 February 2026 |
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Theft conviction quashed after seizure certificate expunged where 'independent' witnesses had been detained suspects.
Criminal law — Theft — Doctrine of recent possession — Foundational requirements for recent possession; Search and seizure — Requirement of an independent neutral witness — Persons initially arrested or detained cannot be independent witnesses; Evidence — Illegally obtained seizure certificate expunged; Conviction unsafe without seized-evidence.
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20 February 2026 |
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Second appeal partly allowed: only proven labour, proven spare parts and reduced general damages recoverable; unproved parts and security costs set aside.
Contract law – vehicle repair agreement; proof of special damages – strict proof required; admissibility and weight of uncorroborated schedules; bailee’s duty of care – security costs not recoverable; appellate restraint in second appeals.
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20 February 2026 |
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Proceedings concerning a deceased’s estate require proof of appointment as administrator; absence renders tribunal proceedings void for want of jurisdiction.
Civil procedure — Locus standi — Proceedings concerning deceased’s estate — Requirement to plead and attach instrument of appointment (Letters of Administration) — Capacity to sue — Jurisdictional threshold — Failure to prove administrator renders proceedings nullity.
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20 February 2026 |
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Insufficient night identification and unreliable exhibit identification defeated proof of armed robbery; conviction quashed.
Criminal law – Armed robbery – ingredients: theft, weapon and violence – identification in night conditions – probative value of cautioned/confession statements – doctrine of recent possession and need for distinct proof of ownership – legality of search and seizure.
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20 February 2026 |
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Appeal allowed: conviction and sentence quashed due to defective judgment and improper reception of appellant's unsworn testimony.
Criminal procedure — Mandatory contents of judgment — points for determination, decisions and reasons — failure vitiates conviction; Evidence — tender-age exception (≤14) vs oath requirement — improper reception of 16-year-old's unsworn testimony fatal; Burden of proof — prosecution must prove guilt beyond reasonable doubt; Retrial — not ordered to enable prosecution to fill evidential gaps.
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20 February 2026 |
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An equivocal guilty plea and defective factual narration led to quashing conviction and ordering a retrial; DPP consent was unnecessary.
Criminal procedure – guilty plea – equivocal/incomplete plea – requirement for clear narrative of facts – exhibits cannot cure defective plea – repeal of EOCCA s.26 (DPP consent) – retrial ordered.
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18 February 2026 |
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Court found disputed assets matrimonial and adjusted division proportions according to the applicant's and respondent's contributions.
Matrimonial property—classification of assets acquired before or during marriage but improved by spouse; assessment of contributions (including domestic services) in division of matrimonial assets; application of Bi Hawa Mohamed and subsequent authorities; distribution proportions.
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18 February 2026 |
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Refusal to enter judgment on admission is interlocutory and not appealable unless it finally disposes of the suit.
Civil procedure – Appealability – Judgment on admission – Discretionary nature of summary judgment (Order VIII r.5; Order XII r.4) – Finality test for appealability (Bozson test) – Section 84(2) CPC bars appeals from interlocutory orders unless suit is finally determined.
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18 February 2026 |
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Conviction quashed where no certificate of seizure, arresting officers not called, and retracted cautioned statement improperly admitted.
Criminal law – Burglary and theft – Doctrine of recent possession – Requirement of certificate of seizure and testimony of arresting officers – Retracted cautioned statement – Mandatory trial-within-trial – Adverse inference – Conviction quashed.
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17 February 2026 |
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Applicant granted 14‑day extension to file out‑of‑time appeal after losing appeal documents during prison transfer and acting promptly.
Criminal procedure — Extension of time to file petition of appeal — Loss of documents during prison transfer — Applicant’s prompt action — Respondent’s failure to file counter-affidavit treated as admission of facts — Lyamuya guidelines; interest of justice.
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13 February 2026 |
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Wrong court reference number did not amount to sufficient cause to re-admit an appeal dismissed for want of prosecution.
Criminal Procedure Act s.405(3) – re-admission of appeal dismissed for want of prosecution; Electronic Filing Rules r.24(5) – inapplicability where complaint is wrong case reference, not e-CMS failure; sufficient cause – incorrect reference number not sufficient where same ground previously rejected; procedural remedy for late filing is to seek extension or approach Deputy Registrar.
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13 February 2026 |
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Application for extension of time dismissed for unexplained 33-day delay after Court of Appeal struck out earlier appeal.
Extension of time – application to extend time to file Notice of Appeal – application of Lyamuya guidelines – technical delay where original appeal filed in time but struck out for procedural defect – requirement to account for all days of delay, avoid inordinate delay, show diligence or point of sufficient importance (illegality).
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13 February 2026 |
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Appellate court upheld statutory rape conviction: age, penetration and identity proved beyond reasonable doubt.
Criminal law – Statutory rape – Elements: victim’s age, penetration and identification – Victim testimony corroborated by medical PF3 – Identification by recognition – Delay in reporting justified by threats – Proper admission of documentary exhibits (PF3, sketch map).
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13 February 2026 |
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Failure to plead when the cause of action arose is a fatal defect rendering DLHT proceedings incompetent and subject to nullification.
Civil procedure – Land Disputes Courts regulations and CPC – Requirement to plead when cause of action arose – Inadequate pleadings cannot be cured by oral evidence – Defect affecting jurisdiction renders proceedings incompetent and liable to be quashed.
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13 February 2026 |
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An equivocal plea ('Ni kweli') cannot sustain a conviction; appeal allowed and retrial ordered.
Criminal law — Plea of guilty — Equivocal/ambiguous plea — Requirements for an unequivocal plea (arraignment, comprehension, express admission of ingredients, facts establishing elements) — Conviction on equivocal plea unsafe — Quashment and remittal for retrial.
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13 February 2026 |
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Applicant’s 153‑day delay unjustified; ignorance and unproven lack of prison legal aid do not warrant extension; application dismissed.
Criminal procedure – Extension of time to file petition of appeal – Requirement to show good cause and account for each day of delay – Ignorance of law and unsupported lack of prison legal assistance not good cause – Wrong statutory citation cured by oxygen principle.
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13 February 2026 |
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Ignorance, unproven prison transfer, and unsupported e-CMS claims do not justify extension of time to file an appeal.
Criminal procedure – Extension of time to file petition of appeal – Requirements under Lyamuya guidelines: account for all delay, non-inordinate delay, diligence – Ignorance of law not a good cause – Prison transfer as cause requires dates/evidence – Unproven e-CMS technical failure not a ground.
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13 February 2026 |
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Appeal allowed: conviction quashed because prosecution failed to prove penetration and cautioned statement was unlawfully obtained.
Criminal law – Rape/statutory rape – Elements required: penetration, victim’s age, identification; Child witness evidence – compliance with promise to tell the truth (s.135(2) Evidence Act); Identification by recognition vs. dock identification; Admissibility of cautioned statement – statutory timing of recording and expungement if unlawfully obtained; PF3 as evidence of victim’s age.
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13 February 2026 |
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A charge alleging 'trafficking' must specify the mode of trafficking; omission renders the trial nullity and conviction quashed.
Criminal procedure – Particulars of charge – Section 135 CPA – Requirement to specify mode of 'trafficking' under Drug Control and Enforcement Act – Omission renders charge incurably defective and trial a nullity – No retrial where charge non-existent.
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6 February 2026 |
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Conviction for rape quashed where prosecution failed to prove the date of the alleged offence beyond reasonable doubt.
Criminal law — Rape — Burden of proof beyond reasonable doubt — Essential to prove date/period of alleged offence — Uncertainty or variance in dates requires amendment of charge; failure is fatal — Best evidence from prosecutrix — Conviction quashed where date not proved.
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6 February 2026 |
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Fresh extension application struck out for abuse of process and a false affidavit after a prior court-granted extension.
Criminal procedure — Extension of time to file appeal — Compliance with court orders — Abuse of court process — False affidavit — Affidavit tainted with untruths is incurably defective — Application struck out as incompetent.
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6 February 2026 |
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Appeal dismissed; convictions and mandatory sentences for drug trafficking and possession upheld.
Criminal law – Drug offences – trafficking and possession – admissibility and trustworthiness of Government Chemist report; regulation on sampling amended – presence of accused not required post-amendment; sanctity of court record and right to cross-examine; signing of certificate of seizure as admission of possession; mandatory sentencing.
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6 February 2026 |
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Applicant failed to show good cause for extension of time to file an out‑of‑time petition of appeal.
Criminal procedure — extension of time to file appeal — good cause requirement; must account for each day of delay; unsupported claims of prison transfer, e‑CMS failure or late supply of proceedings; prior extension and non‑compliance may constitute abuse of process.
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6 February 2026 |
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Whether technical defects, illness, or alleged illegality justify extending time to challenge a voluntary withdrawal order.
Civil procedure — Extension of time — Technical delay from e-filing defects — Competence of filing lacking supporting affidavit — Sickness as cause of delay requires medical particulars — Illegality must be apparent on the face of the record — Withdrawal of plaint by advocate holding brief — Order XXIII Rule 1(3) and re-filing consequences.
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6 February 2026 |