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Citation
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Judgment date
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| December 2023 |
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Court upheld award for misappropriation of image, finding no consent and that damages were reasonable.
Personality rights – misappropriation of image; elements: intrusion, appropriation for commercial advantage, lack of consent, proof of profit; Consent – burden to prove oral agreement (s.115 Evidence Act); Reasonable Expectation of Privacy – application to image use; General damages – discretionary assessment upheld.
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23 December 2023 |
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Appeal allowed in part: rehearing ordered on two properties not properly pleaded; Kiangu division (40/60) upheld.
Matrimonial property — Proper identification of matrimonial property — Right to be heard when new property issues are raised at trial — Division of property and proof of contributions — Revision powers to quash and order rehearing.
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22 December 2023 |
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Appeal allowed: prosecution's inconsistent evidence on plot identity and photo dates led to quashing the applicant's conviction.
Criminal law – Malicious damage to property – burden of proof beyond reasonable doubt – inconsistencies in prosecution exhibits (plot identity and photographic dates) – dispute over land ownership appropriate for civil courts – retrial discretion and prejudice.
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19 December 2023 |
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Appellant breached the sale contract; frustration not established; general damages reduced; counterclaim dismissed for lack of proof.
Contract law – sale agreement – breach for failure to pay agreed amounts; frustration doctrine – threshold for invocation where performance becomes impossible; tripartite/third-party consent – documentary consistency and timing; assessment of general damages – need for reasons and proportionate award; counterclaim – special damages must be specifically pleaded and strictly proved.
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18 December 2023 |
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Gratuity cannot be withheld absent formal charge and mandated disciplinary proceedings; withholding violated natural justice.
* Employment law – gratuity entitlement – effect of alleged misconduct on contractual gratuity – requirement to follow disciplinary procedure and Rule 13 (Code of Good Practice). * Natural justice – duty to serve formal charge and afford hearing before adverse disciplinary consequence. * Contract law – parties bound by contractual terms regarding payment on satisfactory completion.
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15 December 2023 |
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Dismissal for want of prosecution set aside and matrimonial appeal restored after right to be heard found breached.
Civil procedure – Setting aside dismissal for want of prosecution; restoration of appeal; scheduling orders for written submissions; lapsus calami in statutory citation; right to be heard in appellate proceedings.
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15 December 2023 |
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Certificate granted to question whether a magistrate previously disqualified could rehear the probate matter.
* Appellate procedure – Certificate on point of law under s.5(1)(c) AJA and Rule 45 Court of Appeal Rules – Whether rehearing by same magistrate after disqualification by a first appellate court is proper.
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14 December 2023 |
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Major contradictions in prosecution witnesses’ identification of the seized bag created reasonable doubt, quashing the trafficking conviction.
Criminal law — Drug trafficking — Identification of seized exhibit — Contradictions among prosecution witnesses on bag description — Identification goes to root of case — Reasonable doubt — Burden under s.28 Drugs Act shifts to accused on lawful possession (balance of probabilities) but prosecution must first prove possession beyond reasonable doubt.
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14 December 2023 |
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Whether a VEO‑stamped sale agreement and attendant evidence suffice to establish ownership of customary village land.
Land law; customary rights of occupancy; Village Land Act and Local Government Act; requirement and role of village council/VEO in dispositions; validity of VEO‑stamped sale agreement; application of contract law to dispositions of customary land; burden and weight of evidence on ownership disputes.
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14 December 2023 |
| November 2023 |
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High Court restored trial court's equal 50/50 division of matrimonial assets and quashed the district court's revision and custody order.
Family law – Division of matrimonial assets – Application of section 114 Law of Marriage Act – Assessment of parties' contributions (money, work, savings) – Presumption in favour of equal division; Appellate review – limits to revising factual evaluation; Custody – court should not make custody orders not pleaded or properly applied for.
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30 November 2023 |
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Appeal allowed: later suit held an abuse of court process; trial judgment quashed and each party to bear own costs.
Civil procedure – abuse of court process – instituting successive proceedings after prior determination on locus standi and power of attorney – res judicata principles; admission and sufficiency of evidence; quashing of trial judgment.
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30 November 2023 |
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Court granted elderly plaintiffs limited, personal farming rights on disputed institutional land, recognising user rights but not ownership.
Land law – state-held institutional land v. ancestral/user rights – evidential shortcomings and standing of plaintiffs – public policy remedy; limited non-transferable usufruct granted to elderly occupants; duty to rehabilitate mined land and registrar/caveat to secure reversion.
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30 November 2023 |
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Long, open, uninterrupted possession satisfied adverse possession and conferred standing; appeal dismissed.
* Land law – Adverse possession – continuous, open and uninterrupted possession for statutory period – possession can confer title irrespective of original source of entry.
* Civil procedure – Locus standi – possession creates sufficient interest to institute land proceedings even without letters of administration.
* Substantive justice – procedural technicalities will not defeat clear evidence of long-term possession.
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30 November 2023 |
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Court granted 30 days to apply for re-admission, finding tuberculosis treatment constituted good cause for the delay.
* Civil procedure — Extension of time — Discretion of court exercised according to Lyamuya guidelines (account for delay, inordinate delay, diligence, other sufficient reasons).
* Good cause — Medical illness (tuberculosis) and treatment accepted as sufficient cause for delay.
* Delay — 126 days held not inordinate given medical circumstances.
* Procedural remedy — Appeal dismissed for default should be restored by re-admission under Order XXXIII Rule 19, not by setting aside an ex parte decision.
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30 November 2023 |
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Appeal allowed: conviction quashed for misapplication of recent possession doctrine and unsafe, potentially biased conviction.
Criminal appeal — doctrine of recent possession — requirements: recent possession, items stolen, unsatisfactory explanation — identification and proof of ownership — failure to call material witness — impartiality: improper reliance on prior conviction or police vendetta — appellate re-evaluation of evidence.
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29 November 2023 |
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Date variance, missing owner witness and procedural defects led court to quash conviction for theft.
Criminal law – stealing – variance between charge sheet particulars and witness testimony; failure to call owner as key witness; exhibit register not produced; adequacy of consideration of defence evidence; proof beyond reasonable doubt; miscarriage of justice.
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29 November 2023 |
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Ex parte trial in accused’s absence breached fair trial rights; conviction quashed for procedural and evidential defects.
* Criminal procedure – Ex parte trial in accused’s absence – right to be heard and fair trial under constitutional guarantees; * Admissibility of cautioned statements – compliance with section 50(1)(a) Criminal Procedure Act; * Evidence – absence of certificate of seizure and effect on prosecution case; * Safety of conviction where procedural irregularities and evidential weaknesses exist.
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29 November 2023 |
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Conviction quashed where dispute was civil, plea misapplied and sentencing irregular; appellant ordered released.
Criminal procedure – Plea of guilty – Irregular conviction and sentencing – Distinction between civil debt dispute and criminal theft/burglary – Quashing conviction where matter is essentially civil and procedurally defective.
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29 November 2023 |
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Unreliable identification, especially voice ID at night, defeated the prosecution’s case and conviction was quashed.
* Criminal law – Evidence – Identification of accused – Voice identification is weak and requires caution; factors such as light, distance and familiarity must be established. * Proof beyond reasonable doubt – Weak identification can render the entire prosecution case unsustainable. * Recent possession – recovery of property must be satisfactorily connected to complainant and accused.
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29 November 2023 |
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Guilty plea recorded as equivocal; conviction quashed and sentence set aside for lack of a safe plea.
Criminal law – Plea of guilty – Voluntariness and clarity of plea; cautioned statement admissibility (s.210(3) CPA); limits on appeals after guilty plea (s.360(1)); safety of conviction based on equivocal plea.
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29 November 2023 |
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Appellate court quashed conviction where delay due to emergency negated intent to permanently deprive owner.
Criminal law – stealing by agent – intention to permanently deprive – effect of emergency delay on criminal intent; cautioned statement admissibility and procedural irregularities – when technical defects are immaterial; appellate re-evaluation of evidence where defence explains honest arrangement.
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29 November 2023 |
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Appellants' challenges on missing witness, evidential contradictions, plea bargain and electronic exhibits were held immaterial; appeal dismissed.
* Criminal law – appeal – sufficiency of evidence – contradictions in witness statements and exhibits; materiality of discrepancies.
* Criminal procedure – witnesses – failure to summon alleged material witness and negative inference.
* Evidence – plea bargaining/confession by co-accused and its weight against other accused.
* Evidence – electronic documents admissibility under Electronic Transactions Act and consequences of failing to object at trial.
* Offences occasioning loss – proof of loss and requirement of complainant witness (TRA).
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29 November 2023 |
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Court adopts mediated Deed of Settlement as consent judgment, awarding alternative plot and TZS 15,000,000 compensation.
* Civil procedure – Mediation and consent judgment – Adoption of Deed of Settlement under section 95 and Order XXIII Rule 3, Civil Procedure Code (Cap. 33 R.E. 2019).
* Land law – Allocation and reallocation of residential plot – Compensation by alternative plot and monetary payment where original plot reallocated and developed.
* Enforcement – Consent settlements are extractable and executable as court decrees; settlement bars further suits on same cause.
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28 November 2023 |
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Where statutory presumption of marriage is unestablished, courts lack jurisdiction to divide alleged matrimonial property.
Family law – presumption of marriage – section 160(1) Law of Marriage Act – requirement of two years’ cohabitation; jurisdiction to divide matrimonial property – section 114 Law of Marriage Act; appellate review – nullity of orders made without jurisdiction.
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28 November 2023 |
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A summary suit under Order XXXV cannot be used to re-litigate matrimonial matters already determined; appeal allowed.
Civil procedure – Order XXXV (Summary Procedure) – scope and applicability; Matrimonial cause – jurisdiction and finality of prior orders; Abuse of court process – re‑litigation of matters already determined; Duty of trial magistrate to exercise due diligence when notified of prior proceedings.
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28 November 2023 |
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Appellant failed to prove defamation—statements not directed at him, not published, and no damage or malice.
Defamation — elements: publication to third parties, statement about claimant, falsity/malice, and proof of reputational harm; words exchanged in family disputes may not constitute actionable defamation; burden of proof on claimant; applicable reasonable‑person test (authorities cited).
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28 November 2023 |
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27 November 2023 |
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Appeal dismissed: prosecution proved statutory rape and grievous harm of a 13-year-old, corroborated by medical evidence.
Criminal law – Incest/statutory rape – proof of age and penetration; child witness evidence – compliance with section 127 Evidence Act; corroboration by PF3/medical evidence; standard of proof beyond reasonable doubt; appellate re-evaluation of evidence.
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27 November 2023 |
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Appeal dismissed where victim’s age and penetration were proved by testimony and medical evidence.
Criminal law – Rape (statutory) – Elements: age and penetration – Evidence: victim’s testimony, PF3, medical officer’s evidence – Failure to cross-examine – Appellate review – Conviction upheld.
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27 November 2023 |
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Child-victim's credible testimony, supported by medical and witness evidence, upheld conviction for grave sexual abuse; appeal dismissed.
* Criminal law – Grave sexual abuse – proof beyond reasonable doubt – child victim testimony corroborated by medical and disclosure evidence; * Evidence – admissibility and weight of child’s evidence (s127(6) Law of Evidence Act Cap 6 RE 2002); * Criminal procedure – s289 Criminal Procedure Act (committal) not engaged; appeal dismissed.
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27 November 2023 |
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Criminal trespass conviction quashed because the dispute over land ownership and boundaries was properly a civil matter.
Land law; criminal trespass—appropriateness of criminal prosecution where dispute concerns ownership and boundaries; interplay between DLHT decisions and criminal process; remedy—quashing convictions where civil avenues exist; legal aid/pro bono for indigent litigants.
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27 November 2023 |
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Appeal allowed: plea of guilty deemed equivocal and unsafe for conviction given accused's vulnerability and alleged police coercion.
Criminal law – Plea of guilty – Equivocal plea – Safety of conviction where accused are unrepresented, of limited education, youthful, and allege police coercion – Duty of trial court to ensure plea discloses all elements; risk where complainant is fellow magistrate.
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27 November 2023 |
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Tribunal's locus in quo observations and finding of respondent's uninterrupted possession were proper; appeal dismissed.
Land law – possession and title; locus in quo visits – permissible role and principles; appellate review of tribunal’s evaluation of evidence; credibility and delay in asserting land claims; improper transfer of facts between cases (not established).
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27 November 2023 |
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Appeal allowed: prosecution failed to prove rape beyond reasonable doubt; conviction and sentence set aside.
* Criminal law — Rape — proof beyond reasonable doubt — credibility of complainant and weight of medical evidence — necessity of adequate corroboration; * Criminal procedure — record-keeping — use of unexplained abbreviations in proceedings and potential cure; * Criminal procedure — preliminary hearing (s192 CPA) and requirement to consider defence (s235(1) CPA).
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27 November 2023 |
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Appeal allowed where prosecution failed to prove burglary beyond reasonable doubt and identification was inadequate.
Criminal law – Burglary – Proof beyond reasonable doubt – Identification of accused – Insufficient evidence to link accused to offence – Conviction quashed.
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27 November 2023 |
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Court set aside parts of a taxation decision, applying statutory scales and awarding attendance, instruction, travel, and filing costs.
Advocates’ Remuneration – Taxation of bill of costs – Application of GN 264/2015 scales – Taxing master’s discretion – Attendance and instruction fees – EFD receipt not determinative – Receipts should be produced and labelled.
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27 November 2023 |
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27 November 2023 |
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Conviction for rape quashed where prosecution failed to prove age and penetration beyond reasonable doubt and lacked independent corroboration.
Criminal law – Rape – Proof beyond reasonable doubt – Age and penetration – Sufficiency of PF3 and victim’s evidence – Need for independent corroboration (guest register, missing person report) – Accused’s disbelief alone insufficient for conviction.
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27 November 2023 |
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Technical omissions in judgment do not overturn conviction where evidence proves guilt and no miscarriage of justice occurred.
Criminal law – stealing – appellate review of conviction – citation of statutory provisions and requirement under s312(2) Criminal Procedure Act – omission to state sentencing section – procedural irregularity versus miscarriage of justice – sufficiency of evidence to establish guilt.
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27 November 2023 |
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Conviction quashed where identification and possession evidence were inconsistent and prosecution failed to prove theft beyond reasonable doubt.
Criminal law – sufficiency of evidence; identification of stolen property (mobile phone) and late emergence of IMEI evidence; doctrine of recent possession – elements and proof; appellate review of trial court's assessment of witness credibility and evidence consistency.
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27 November 2023 |
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Appeal allowed where trial court improperly rejected a post‑closure alibi without proper substantive evaluation.
Criminal law – grave sexual abuse of a child – alibi raised after close of prosecution – duty to consider alibi on merits notwithstanding timing – procedural technicalities must not defeat substantive justice; identification by prior knowledge; medical/PF3 evidence not always essential.
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27 November 2023 |
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Appellate court quashed conviction and set aside sentence, finding procedural defects did not justify a retrial.
* Criminal law – conviction for impersonation and obtaining goods by false pretence – appellate review of trial fairness and evaluation of evidence. * Criminal procedure – adequacy of trial record: requirement to record evaluation of evidence and proper sentencing citation. * Retrial – scope and caution in ordering retrials under section 366(1)(a). * Remedy – quashing conviction and setting aside sentence where retrial is not in interests of justice.
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27 November 2023 |
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Conviction quashed where prosecution failed to prove abduction or rape amid parental awareness and contextual inconsistencies.
Criminal law — proof beyond reasonable doubt — rape and abduction — evaluation of victim evidence and PF3 — relevance of parental awareness/intended marriage — procedural handling of exhibits.
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27 November 2023 |
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An informal mortgage created before a subsequent sale prevails; a purchaser acquiring after that mortgage gains no title.
* Land law – informal (unregistered) mortgage – validity and ranking – an informal mortgage created before a subsequent sale takes priority under Section 117(2) of the Land Act.
* Property – sale after existing mortgage – purchaser who buys after creation of mortgage acquires no better title; sale void ab initio.
* Evidence – reliance on affidavits of ownership – mortgagee may act on mortgagor’s sworn statements in good faith.
* Procedure – appellate re-evaluation of factual findings where evidence establishes earlier encumbrance.
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24 November 2023 |
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DLHT proceedings nullified for failure to refer the land dispute to the Ward Tribunal; locus in quo inspection was necessary.
Land disputes – Jurisdiction – requirement of Ward Tribunal certificate under section 13(4) Land Disputes Courts Act (as amended); Locus in quo – discretionary but necessary where boundaries/encroachment cannot be resolved on record; Appeal procedure – jurisdictional objections may be raised at any stage.
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22 November 2023 |
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Rape conviction quashed after cautioned statement expunged and prosecution failed to prove penetration and non‑consent.
Criminal law — Rape: essential proof of penetration and non-consent; admissibility of cautioned statements — section 50(1)(a) four‑hour rule; committal procedure — section 289 inapplicable where no committal held; burden of proof and witness credibility.
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22 November 2023 |
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The applicant's conviction for grievous bodily harm upheld despite an inadmissible cautioned statement; eyewitness and medical evidence proved grievous injury.
Criminal law – grievous bodily harm: proof beyond reasonable doubt; admissibility of cautioned statement – failure to record interrogation time (s.50(1)(a) CPA); self‑defence – limits where accused is aggressor; materiality of minor witness contradictions; evidential sufficiency without production of weapon.
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22 November 2023 |
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Court records mediated Deed of Settlement as consent judgment, adopts payment, reporting and non‑interference terms and dismisses further claims.
Civil procedure – Consent judgment – Adoption of Deed of Settlement under S.95 and Order XXIII Rule 3 CPC; enforcement of settlement terms (payment schedule, reporting, designated bank account); settlement bars further claims arising from same cause of action.
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21 November 2023 |
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Adverse possession cannot alter title to registered land without statutory procedures; non‑administratrix cannot validly sell deceased’s land.
Land law – Registered land and adverse possession – Section 37 Law of Limitation Act – abandonment and High Court application required; Administration of estates – only court‑appointed administrator/administratrix may validly dispose deceased’s property; Civil procedure – tribunal erred in deciding ownership despite seller lacking locus; Evidentiary requirements – need for Land Office records, transfer documents and sale agreements.
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17 November 2023 |
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Appellate court dismissed challenge to execution order: substantive grounds must be raised by direct appeal, not in execution proceedings.
* Land law – execution of Ward Tribunal decisions – scope of execution proceedings under section 16(3) Land Dispute Courts Act; * Civil procedure – appellate jurisdiction – inadmissibility of new grounds not raised in lower tribunal or in a direct appeal; * Enforcement – appointment of auctioneer for execution of tribunal decree.
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17 November 2023 |