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Citation
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Judgment date
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| December 2020 |
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An appeal dismissed for want of prosecution must be restored in the same court or refiled, not immediately appealed to the High Court.
Civil procedure – dismissal for non-appearance/want of prosecution; failure to file court-ordered written submissions; Order IX CPC – restoration of dismissed proceedings; applicability of CPC to appeals from Primary Court; procedural remedy vs. substantive appeal.
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22 December 2020 |
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Trial tribunal’s boundary and credibility findings upheld; adverse possession claim failed and appeal dismissed with costs.
Land law – boundary dispute between adjacent parcels – adverse possession and inheritance claims – assessment of witness demeanour and credibility – tribunal’s locus in quo inspection – assessors’ opinions advisory, presiding officer may differ – appellate interference with factual findings limited.
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22 December 2020 |
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Division of matrimonial assets remitted for proper exercise of section 114 after lower courts erred and relied on evidence not in record.
Matrimonial property division — court's duty under section 114 Law of Marriage Act — necessity to determine acquisition and parties' contributions — inadmissible/extraneous evidence on appeal; clan land claim.
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22 December 2020 |
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Whether disputed properties were matrimonial assets and whether the division percentages reflected each party’s contributions.
Law of Marriage Act s114(1) – matrimonial assets – definition and requirements; division of matrimonial property – proof of joint acquisition and contribution; failure to cross‑examine and absence of evidence undermining attack on asset status; appellate restraint on concurrent findings.
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22 December 2020 |
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The court refused bail, holding armed robbery unbailable after the Court of Appeal upheld section 148(5) CPA.
* Criminal procedure – Bail – Whether armed robbery is a bailable offence under section 148(5) Criminal Procedure Act – Effect of Court of Appeal decision quashing High Court orders striking out section 148(5).
* Constitutional law – Validity of statutory denial of bail – Article 30(2) saving provision and binding appellate authority.
* Economic and Organised Crimes – Bail applications under E&OCCA and CPA where non-bailable offences are charged.
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21 December 2020 |
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Whether houses acquired and improved during marriage are matrimonial assets, and whether an inherited farm is excluded.
* Family law – division of matrimonial property – application of section 114(1) and (2) Law of Marriage Act – joint efforts and contributions.
* Distinction between inherited property and matrimonial assets; compensation claims for work on inherited land.
* Appellate review – interference only where lower court findings unsupported by evidence.
* Admissibility/pleading of items (trees, bicycle, sinks) in matrimonial asset division.
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17 December 2020 |
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Respondent lacked locus standi; letter was not a valid power of attorney and evidence was hearsay.
Primary Courts – locus standi – representation – validity of power of attorney; Magistrates' Courts Act s.33(2) and Rule 21 – discretionary leave for representation; Evidence – hearsay admissibility where principal not called.
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10 December 2020 |
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A DPP certificate under s.19 NSA bars police from granting bail but does not prevent courts from admitting accused to bail.
National Security Act s.19 — DPP certificate objecting bail — statutory interpretation; scope limited to police officers and does not bar courts from granting bail — constitutional presumption of innocence; bail granted with conditions.
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10 December 2020 |
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Appellant’s escape and non-appearance warranted dismissal of his re-admitted appeal for want of prosecution.
* Criminal procedure – Appeal – Dismissal for want of prosecution – Appellant's escape from custody and non-appearance constitutes implied abandonment – Re-admitted appeal still liable to dismissal for non-prosecution.
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10 December 2020 |
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Application for stay of execution of CMA award dismissed for procedural defects and failure to satisfy requirements for stay.
Labour law — Stay of execution of CMA award — governed by s.89(2) E&L Act and Rule 48(3) Labour Court Rules; enforcement as court decree under CPC; civil principles for stay (Order XXI r.24, Order XXXIX r.5 CPC) — requirements: compelling reasons, absence of undue delay, provision of security and procedural compliance — failure to attach order and deficient affidavit fatal to stay application.
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8 December 2020 |
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Leave is not required to appeal from the Labour Court to the Court of Appeal; application for leave dismissed.
Labour appeals — s.57 Labour Institutions Act — no leave required to appeal from Labour Court to Court of Appeal; binding Court of Appeal authority; procedural law and retrospectivity; ex parte written submissions.
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8 December 2020 |
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Affidavit non-compliance with mandatory Rule 24(3) renders labour revision incompetent and liable to be struck out.
Labour Court Rules — Rule 24(3) — Supporting affidavit must state parties' particulars, chronological material facts, legal issues and reliefs; non‑compliance is an incurable defect — Preliminary objection — Particularity of objection — Overriding objective cannot cure mandatory rule breaches.
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8 December 2020 |
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Failure to decide jurisdiction and to investigate an objection under s.329 rendered the execution proceedings a nullity.
Criminal procedure — objection to attachment (s.329 Criminal Procedure Act) — preliminary objection on jurisdiction and locus standi must be determined first — mandatory investigation and hearing under s.329(5) — failure to follow statutory procedure renders proceedings a nullity — remittal to trial court.
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7 December 2020 |
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Appellant failed to prove several properties were non‑matrimonial; 30/70 division upheld and appeal dismissed with costs.
Matrimonial property — classification and division; contribution by parties (including domestic work) as basis for apportionment; admissibility and effect of prior informal distribution; appellate review limited where trial findings are evidentially supported.
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4 December 2020 |
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Appeal dismissed: procedural and evidential irregularities were curable and the prosecution proved grievous harm beyond reasonable doubt.
Criminal law – grievous harm – evidential sufficiency; admission and tendering of documentary evidence (PF3); expert opinion evidence (s.47 Evidence Act) and curable mis‑citation; assessment of contradictions in witness testimony; appellate review of alleged procedural irregularities in judgment delivery; failure to call witnesses and adverse inference.
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2 December 2020 |
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Convictions quashed where cautioned statements and documentary evidence were irregularly admitted, defeating proof beyond reasonable doubt.
* Criminal law – Burglary and stealing – adequacy of proof; recent possession doctrine
* Evidence – cautioned statements – requirement to prove lawful recording (time/place) and necessity of inquiry into extra-judicial statements
* Evidence – documentary exhibits must be read out in court after admission; omissions are fatal
* Procedure – certificate of seizure must be properly completed and signed; sentencing must state mode of running sentences
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2 December 2020 |
| November 2020 |
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Applicants charged with bailable offences were granted bail on conditions after an unopposed application.
* Criminal law – Bail – constitutional right to bail – applicants charged with bailable offences – unopposed bail application and respondent's lack of objection – grant of bail with conditions including bail bond, surety requirements, travel restrictions and custody of travel documents.
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30 November 2020 |
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A suit against a person without legal interest nullifies proceedings; res judicata requires production of prior judgment.
Land law – res judicata requires production of prior tribunal/court judgment before plea can succeed; res judicata not to be raised first on appeal. Locus standi – plaintiff/defendant must have legal interest in disputed land; suing wrong party vitiates proceedings and leads to nullification. Procedural jurisdictional defects take precedence over factual credibility disputes.
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27 November 2020 |
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Conviction quashed where prosecution failed to call a material witness, tender a receipt, and a caution statement was not read aloud.
Criminal law – possession of suspected stolen property – section 312(1)(b) Penal Code; Evidence – failure to call material witness and failure to tender documentary proof; Caution statements – requirement to read admitted exhibit aloud; Burden of proof – prosecution’s duty to produce key witnesses despite statutory reverse on accused.
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27 November 2020 |
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Appellant who sues must prove title and implead necessary parties; customary occupancy equals granted title, appeal dismissed.
Land law – boundary disputes – surveyed/granted rights versus customary (deemed) rights of occupancy; burden of proof and admissibility/weight of lay evidence; necessity to implead government surveying/land authorities; appellate deference to Tribunal findings and locus in quo visits; s.45 Land Disputes Courts Act.
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27 November 2020 |
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Applicant failed to prove ownership; court found respondents’ evidence credible and the sale lawful.
Land dispute – Village land allocation during Ujamaa (Operation Vijiji) – succession and customary title – burden of proof on balance of probabilities – credibility of witnesses – sale lawful; absence of probate/letters of administration undermining estate claim.
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27 November 2020 |
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Plaintiff failed to prove lawful purchase; transfers from a dissolved company were suspicious and the suit is dismissed with costs.
Land law – ownership dispute – burden of proof on purchaser – documentary evidence and best evidence rule – transfers purporting to originate from a dissolved company – allegations of fraudulent transactions – possession and use by claimant company as evidentiary factor.
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27 November 2020 |
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Res judicata barred re-litigation of land ownership; appellate tribunal rightly struck out the subsequent suit.
* Civil procedure – Res judicata – Section 9 Civil Procedure Code – requirements for res judicata (same subject matter, parties, title, competent court, finally decided). * Re-litigation of land ownership – previous tribunal decision binding unless set aside. * District Land and Housing Tribunal – power to strike out matters barred by res judicata.
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26 November 2020 |
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No marriage was proved; courts erred in dissolving a non-existent marriage and dividing assets, so lower judgments set aside.
* Family law – Cohabitation v. marriage – Requirement of proof of marriage (section 27(1) Law of Marriage Act).
* Family law – Power to divide matrimonial assets – Section 114(1) applicable only where a marriage and its dissolution exist.
* Family law – Consequential orders under section 160(2) – facts must be pleaded and proved.
* Civil procedure – Irregularities – Proceedings tainted by serious incurable irregularities declared nullity.
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24 November 2020 |
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Court records parties' matrimonial settlement as decree, dismissing appeal by consent with a specified payment schedule.
Matrimonial law – consent deed of settlement – court adoption of settlement as decree – payment instalments as full and final satisfaction – appeal disposed by consent.
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24 November 2020 |
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Appeal dismissed; equal division of matrimonial property upheld due to insufficient evidence to displace statutory presumption.
* Family law – Division of matrimonial assets – Law of Marriage Act s.114 – statutory inclination towards equality after considering contributions, customs, debts and children’s needs.
* Matrimonial assets – proof required to displace presumption of joint acquisition or to show mismanagement.
* Evidentiary sufficiency – separate property claims (gift or prior ownership) require admissible proof.
* Procedural law – custody issues not pleaded or argued at lower courts cannot be raised on appeal.
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24 November 2020 |
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Court overruled respondents' preliminary objection and allowed applicant's extension application to proceed despite citation technicality.
* Civil procedure – extension of time – section 14(1) Law of Limitation Act – jurisdiction under section 14(2). * Land disputes – mis‑citation of enabling statute (section 41(2) Land Disputes Courts Act) – competency of application. * Overriding objective – courts may dispense with technicalities to secure substantive justice. * Discretion to grant extension where denial would stifle a party’s case.
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19 November 2020 |
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Appellate court upheld discretionary reduced sentence after guilty plea but quashed vague, procedurally defective forfeiture order.
* Criminal law – Wildlife Conservation Act – sentencing under s.84(1): "shall be liable" construed as prescribing maximum/possible penalty, not mandatory minimum that ousts judicial discretion. * Sentencing – guilty plea and first offender status justify mitigating leniency; appellate courts reluctant to interfere if discretion properly exercised. * Confiscation/forfeiture – orders must specify property and comply with s.111(3)-(4); failure to do so renders order invalid and contrary to property protection (Article 24(1)).
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18 November 2020 |
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An appeal filed without the decree appealed from is incompetent and is struck out with costs.
Civil procedure – Appeal requirements – Failure to lodge a copy of the decree appealed from – Appeal incompetent and liable to be struck out; Point of objection upheld; Costs awarded where appellant conceded non-compliance; High Court cannot order supply of trial record when not seized of original file.
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17 November 2020 |
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An appeal filed without the decree is incompetent and is struck out with costs; PO upheld.
* Civil procedure – Appeal competency – Requirement to lodge a copy of the decree appealed from – Failure to comply renders appeal incompetent and subject to striking out.
* Civil procedure – Appellate powers – Appellate court not seized of original record cannot order trial court to supply decree.
* Civil procedure – Preliminary objection – Effect of successful PO on appeal competency and costs.
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17 November 2020 |
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An application to re-admit a dismissed appeal was dismissed because it was time-barred and the applicant conceded the delay.
* Civil procedure – Application for re‑admission of an appeal – Time limitation – Application held time‑barred. * Preliminary objection – Effect of applicant’s concession – concession requires court to uphold objection where record confirms delay. * Appeals from ward tribunal – procedural dismissal for want of prosecution and attempts at re‑admission.
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16 November 2020 |
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A promise-based explanation for a 197-day delay failed to show good cause for condonation; revision dismissed.
* Labour law – condonation of delay – statutory 30-day time limit for referral of termination disputes under rule 10(1) – requirement to show good cause. * Jurisdiction – limitation periods are jurisdictional and affect the tribunal’s competence. * Revision – limited to material irregularities; absent sufficient grounds for condonation, CMA decision upheld.
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16 November 2020 |
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A plaintiff may withdraw a suit with leave to refile under Order XXIII; costs are discretionary and were not awarded.
Civil procedure – Withdrawal of suit – Order XXIII Rules 1–3 – Discretion to allow withdrawal with liberty to institute fresh suit – Effect of withdrawal without leave – Costs discretionary; substitution of parties (Order I Rule 10).
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13 November 2020 |
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Termination found substantively and procedurally unfair; award quashed and applicants reinstated with pay.
Employment law – unfair dismissal – substantive fairness – burden on employer to prove misconduct; Procedural fairness – Rule 13(5) Code of Good Practice – requirement to present evidence, call witnesses and permit cross-examination; Misapprehension of evidence – Arbitrator cannot substitute or import uncharged offences; Remedies – quashing CMA award and ordering reinstatement under s40 and s44 ELRA.
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12 November 2020 |
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Suspension pending criminal charges must ordinarily be paid; unpaid suspension can constitute unfair termination and CMA award was upheld.
* Employment law – suspension pending criminal proceedings – distinction between suspension and dismissal; employee charged may be suspended pending final determination. * Labour law – suspension on full remuneration – Rule 27(5) Code of Good Practice. * Unpaid suspension may amount to unfair termination. * Burden of proof – employee to prove dismissal; employer to prove continued employment and procedural fairness. * Procedural defects – misnaming a corporate suffix and clerical date errors are correctable. * Entitlements on termination – transport to place of recruitment (s.43 ELRA).
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11 November 2020 |
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Administrator’s proved title and invitee doctrine defeat appellants’ ownership claim; appeal dismissed with costs.
* Land law – ownership and possession – invitee doctrine – an invitee cannot acquire superior title by long occupation or improvements. * Civil procedure – locus standi – administrator’s letter of administration constitutes standing to sue. * Land disputes – validity of disposition/lease where lessor lacks title – void ab initio. * Appeals – Section 45 Land Disputes Courts Act – procedural irregularity does not warrant reversal absent failure of justice.
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11 November 2020 |
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Applicant’s defective and unopposed application was struck out after failure to file court‑ordered written submissions.
Procedural law – preliminary objection – competency of application – incorrect citation of enabling provisions; omnibus prayers – need for clarity; failure to file court-ordered written submissions amounts to non-appearance and may justify striking out with costs.
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10 November 2020 |
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Extension application struck out for citing wrong statutory provision and for affidavits with undated jurats.
* Appellate procedure – extension of time – proper statutory provision to move the court (section 11(1) AJA inapplicable).
* Civil procedure – preliminary objection – competence of application.
* Evidence – affidavit formalities – jurat must contain dates; absence is incurable defect.
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9 November 2020 |
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Court granted an unopposed 60‑day extension to file a notice of appeal and to apply for leave to appeal.
Civil procedure – extension of time – notice of appeal – leave to appeal – unopposed application – affidavit – discretion to extend time – costs: none ordered
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3 November 2020 |
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Extension of time to apply for a certificate on points of law granted due to need for legal representation.
Extension of time – application for certificate on points of law – whether search for legal representation is sufficient cause – legal representation as right for laypersons – interlocutory application – costs reserved to substantive application.
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3 November 2020 |
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Extension of time to seek a certificate on points of law granted due to the applicant’s right to legal representation.
Extension of time – application for certificate on points of law – delay due to search for advocate – right to legal representation for layperson – interlocutory application – costs reserved to substantive application.
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3 November 2020 |
| October 2020 |
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Division of matrimonial house must reflect parties' contributions; company shares are not matrimonial assets.
Matrimonial property — division based on parties' contributions (s.114 Law of Marriage Act); assets acquired before formal marriage may be divided proportionately; company shares and corporate assets not matrimonial property — governed by company articles and Companies Act (s.73).
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27 October 2020 |
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Appellant lacked locus standi without letters of administration; respondent proved bona fide purchase and continuous possession.
* Land law – sale by heirs – validity of sale witnessed at village office and continuous possession by purchaser.
* Probate and Administration – requirement to produce letters of administration or probate to confer locus standi to sue on deceased’s estate (ss. 24(1), 33(1), 100 Cap 352).
* Burden of proof – party alleging irregularity must prove it; corroboration of sale evidence by village leaders is persuasive.
* Delay in asserting title and failure to challenge sellers at time of sale undermines later claims.
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27 October 2020 |
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A filed and conceded deed of settlement is adopted as a court decree, enforceable and binding; non‑compliance is contempt.
Civil procedure – settlement – Executed Deed of Settlement filed and conceded in court – adoption under section 95 and Order XXIII Rule 3 – deed treated as court decree and enforceable – parties relinquish claims and bear own costs – non‑compliance amounts to contempt.
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16 October 2020 |
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Plaintiffs’ claim failed: deceased individually sold the land and the respondent purchaser is a bona fide owner.
Land law – Sale and transfer of land – Effect of documentary evidence; Bona fide purchaser for value – possession and registered title; Probate/administration – limits of administrator’s powers over assets alienated before death; Matrimonial property claims – burden of proof and laches (delay).
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16 October 2020 |
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Appellate court upheld factual findings, ordered parties to stay on their respective parcels and to demarcate permanent boundaries.
Land law – ownership disputes; adverse possession claim; credibility of evidence and contradictions; locus in quo inspection and additional evidence; appellate deference to trial Tribunal on facts; practical remedy ordering parties to remain in possession and demarcate boundaries.
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6 October 2020 |
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Restoration filed after the statutory 30 days and suing a non‑existent legal party warranted quashing of the trial judgment.
* Civil procedure – restoration of suit dismissed for want of prosecution – Law of Limitation Act prescribes 30 days to apply to set aside dismissal – application filed out of time invalid. * Local Government law – legal personality of urban authority – Municipal Council (established by GN) is capable of suing and being sued; Municipal Director is an employee and not proper defendant. * Procedural objections – Order I Rule 13 cannot cure substantive lack of capacity to be sued; court must consider jurisdiction and limitation suo motu.
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6 October 2020 |
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Applicants entitled only to statutory interest for delayed compensation; 2013 valuation rates do not apply to 2011 valuations.
* Land acquisition – applicable valuation rates – whether a later Directive (Feb 2013) applies to valuations done in 2011 – applicability of earlier Directive (2009). * Land acquisition – post-valuation developments – not compensable if made after valuation and notice. * Land Acquisition Act s.15 – entitlement to 6% statutory interest for delayed payment of compensation.
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2 October 2020 |
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The court found the defendant liable for breach of a partly oral/partly written contract and awarded TZS 208,000,000 plus interest.
Contract law – existence of contract: partly oral agreement supplemented by written promissory notes; Promissory note as best/documentary evidence; Breach of contract for failure to deliver goods and to honour promissory notes; Rejection of third-party payment defence (TAMCU); Remedies – principal sum, contractual/declared interest, nominal general damages and costs.
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1 October 2020 |
| September 2020 |
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Failure to consider defence evidence and omission of sentence rendered the trial judgment a nullity, leading to quashing and release.
* Criminal procedure – Reasoned judgment – Duty to evaluate defence evidence and balance it against prosecution evidence; failure is fatal.
* Criminal procedure – Conviction and sentence – Judgment must specify offence, statutory provision and punishment; omission renders judgment a nullity.
* Evidence – Requirement to produce guest register/owner to establish guest status and employees' responsibilities (not decided on merits due to procedural defects).
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28 September 2020 |