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Citation
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Judgment date
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| December 2024 |
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Court allowed extension to apply to set aside ex parte judgment due to defective service and illegality.
Land law – extension of time to apply to set aside ex parte judgment; sufficiency of cause – diligence, accounting for delay; defective service/notice and compliance with Order XX Rule 1 CPC; illegality as sufficient cause (Devram Valambhia; Kalunga & Co).
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24 December 2024 |
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Appeal allowed where prosecution’s case was uncorroborated, key exhibit improperly admitted, and conviction unsafe.
* Criminal law – burden of proof – prosecution must prove guilt beyond reasonable doubt; hearsay and uncorroborated evidence inadequate.
* Evidence – documentary exhibits – contents of admitted documents must be read aloud; failure to do so renders the exhibit expunged.
* Evidence – visual identification – identification evidence must eliminate possibilities of mistaken identity.
* Criminal procedure – failure to call material witness may give rise to an adverse inference against the prosecution.
* Trial review – appellate court may re-evaluate evidence where trial court’s conclusion is unsafe.
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20 December 2024 |
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Tribunal's suo motu decision on limitation without hearing parties vitiated the judgment; matter remitted for fresh judgment.
Civil procedure – Land disputes – Issue raised suo motu in judgment (limitation/jurisdiction) – Right to be heard – Decisions must be confined to issues framed by parties; Procedural compliance – Land Disputes Courts Regulations (reg.12) – requirement to read/explain application and record replies; Appellate review – quashing and remitting judgment where procedural irregularity denies fair hearing.
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19 December 2024 |
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Subordinate court validly tried economic offences where DPP’s consent and certificate were on the court record.
* Criminal procedure – Economic offences – jurisdiction vested in High Court unless DPP by certificate and consent directs subordinate court to try the case. * DPP's consent and certificate – requirement that they be on court record; absence of formal endorsement not fatal absent failure of justice. * Procedural irregularity – non-compliance does not automatically vitiate proceedings. * Remedy – acquittal not automatic; retrial considered when justice requires.
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18 December 2024 |
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Applicant failed to account for 88-day delay and produced inconsistent affidavit; extension of time to appeal denied.
Extension of time — requirement to account for each day of delay; discretion exercised judicially per Lyamuya guidelines; inordinate delay; unreliable/false affidavit undermines application; technical delay not established.
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18 December 2024 |
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Court upheld most convictions (rape, theft, forgery, SIM misuse) but quashed one money‑laundering count.
Criminal law – jurisdiction in economic offences (consent and certificate) – joinder of offences under s.113 CPA – admissibility/timeliness of statements – identification parade requirements – evidential sufficiency for rape, theft, forgery, uttering false documents, SIM misuse – failure to prove money‑laundering count.
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16 December 2024 |
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Child-victim’s properly received testimony sustained conviction; 30-year sentence replaced with mandatory life imprisonment under s154(2).
* Evidence Act s127(2) – child of tender age may give evidence without oath but must promise to tell the truth; compliance required and found. * Evidence – minor inconsistencies in child testimony do not automatically discredit witness; material contradictions required. * Sexual offences – victim’s testimony may suffice under s127(6) where court records reasons for acceptance. * Criminal procedure – courts must consider defence evidence; failure can be fatal but was not established here. * Sentencing – s154(2) Penal Code mandates life imprisonment where offence committed on a child under eighteen; trial court’s 30-year sentence was illegal.
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16 December 2024 |
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Failure to follow mandatory disposal procedures for perishable exhibits made the inventory unreliable and conviction unsafe.
* Criminal law – unlawful possession of government trophies – disposal of perishable exhibits – compliance with WCA s.101 and PGO No.229 mandatory. * Evidence – admissibility and probity of inventory forms where accused not given opportunity to be heard and no photographs/physical exhibits. * Procedure – requirement to specify species in disposal/inventory to link evidence to charge.
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5 December 2024 |
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DPP consent was properly admitted and prosecution proved unlawful possession of government trophies beyond reasonable doubt.
* Economic offences – DPP consent – subordinate court jurisdiction – certificate filed and admitted; * Criminal law – unlawful possession of government trophy – proof beyond reasonable doubt via arresting officers, seizure certificate and accused's admissions; * Criminal procedure – search without warrant justified under section 42(1) CPA; * Evidence – admissibility of cautioned statement and exhibits; chain of custody; failure to issue seizure receipt not automatically fatal.
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5 December 2024 |
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Extension of time granted where applicant raised alleged illegality despite unexplained delay.
Civil procedure – Extension of time – discretion under Lyamuya principles; sufficiency of cause; illegality in impugned decision as ground for extension; CMS/technical impediments to filing appeals.
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2 December 2024 |
| November 2024 |
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Plaintiffs failed to prove tenancy at Sokobati/Magomeni 'B' Market; suit dismissed with costs.
* Land/tenancy law – proof of tenancy – distinction between tenancy at one market and occupation of another; expired agreements do not transfer rights.
* Civil procedure – pleadings and evidence – parties bound by pleadings; inconsistencies between pleadings and oral testimony undermine claims.
* Evidence – burden and standard of proof – plaintiff bears evidential burden on balance of probabilities.
* Remedies – where foundational tenancy not proved, claims for breach and unlawful eviction need not be determined.
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29 November 2024 |
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Accused convicted of murder on circumstantial evidence—flight, inconsistent alibi and being last seen with the victim.
* Criminal law – Murder – conviction based solely on circumstantial evidence – requirement that the chain of circumstances be complete and exclude other reasonable hypotheses.
* Evidence – last seen with victim; evasive conduct and prolonged flight as evidence of consciousness of guilt.
* Defence – claim of separation/alibi; duty to give particulars under section 194 CPA and the consequences of failing to corroborate an alibi.
* Sentence – death penalty prescribed by section 197 Penal Code read with section 322 CPA; right of appeal under section 323 CPA.
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29 November 2024 |
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Appellate court expunged an out‑of‑time caution statement but upheld conviction for grave sexual abuse on corroborated eyewitness evidence.
* Criminal law – Grave sexual abuse – Elements: sexual gratification, use of genital, consent irrelevant for child of tender age. * Evidence – Cautioned statement – inadmissible if recorded outside statutory time (s.50 CPA). * Criminal procedure – Wrong statutory citation in charge curable under s.388 CPA where particulars and evidence give adequate notice. * Appeals – First appellate court may re‑evaluate defence evidence when trial court omitted consideration. * Victim testimony – Absence of tender‑age victim’s testimony does not automatically defeat prosecution if other reliable evidence exists.
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28 November 2024 |
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A trial judgment lacking points for determination, reasons and clear sentencing is invalid and remitted for a fresh judgment.
Criminal procedure – Judgment requirements – Section 312(1) & (2) CPA – necessity to state points for determination, reasons and analysis – evaluation of evidence and credibility – irregular convictions and inconsistent sentencing – remedy of quashment and remittal for fresh judgment.
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28 November 2024 |
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A credible child eyewitness and the accused’s confession, corroborated by post-mortem findings, supported a murder conviction under section 196.
* Criminal law — Murder — Elements: death, unnatural cause, causation, malice aforethought — proof beyond reasonable doubt. * Evidence — Single eyewitness (child) testimony — reliability, corroboration and delayed disclosure. * Evidence — Confession/caution statement as corroborative evidence. * Forensics — Post-mortem establishing asphyxia corroborating eyewitness account. * Sentencing — Mandatory sentence under section 197 Penal Code applied.
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28 November 2024 |
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Acquittal where prosecution failed to prove individual responsibility or common intention in a mob-justice killing.
Criminal law — Murder — Mob justice — Identification of assailants — Common intention — Proof beyond reasonable doubt — Eyewitness and post-mortem evidence.
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28 November 2024 |
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Conviction upheld on an unequivocal guilty plea, but sentences reduced as excessive and ordered to run concurrently.
Criminal law – Plea of guilty – When plea is unequivocal and properly recorded under section 228(2) CPA – Appeal against conviction where plea imperfect, ambiguous, or in misapprehension – Section 360(1) CPA; Sentencing – review for excessiveness; mitigation and first offender considerations.
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26 November 2024 |
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Applicant’s failure to conduct or justify a disciplinary hearing rendered the respondent’s dismissal procedurally unfair.
Employment law – unfair termination – procedural fairness – disciplinary hearing in absence or adjournment (Rule 13(6) ELR Code of Good Practice) – employer’s duty to show attempts to trace employee – failure to file counter-affidavit limits factual challenge.
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20 November 2024 |
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A district court erred by determining land ownership while the matter before it sought only an extension of time.
Magistrates' Courts Act s.22 – limits of district court revision powers; civil procedure – extension of time versus substantive revision; parties bound by their pleadings – relief outside pleadings invalid; requirement for reasons in judgment (Order XX r.4); judgment nullity and quashment for excess of jurisdiction.
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19 November 2024 |
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Whether the trial court had jurisdiction to enforce a decades-old labour board re-engagement order under repealed law.
Labour law Jurisdiction of ordinary courts after enactment of new labour laws; enforcement/execution of Conciliation Board orders; Written Laws (Miscellaneous Amendments) Act No.2 of 2010 transitional three-year grace period; Limitation Act time-bar to execution; nature of decree re-engagement v. monetary award.
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13 November 2024 |
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High Court granted EOCCA bail where no evidence showed applicants would abscond and imposed statutory conditions.
Criminal procedure – Bail under EOCCA s29(4)(d) – High Court jurisdiction where property value exceeds TZS 10,000,000; flight risk requires evidential basis; mandatory and discretionary bail conditions under s36(5) & (6).
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12 November 2024 |
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Buyer’s dishonoured cheque made seller an unpaid seller entitled to retain the vehicle until Tshs. 7,000,000 is paid.
* Sale of Goods Act – contract of sale – oral contract – unpaid seller – dishonoured cheque as conditional payment – seller’s right of lien and retention of goods.
* Evidence – evaluation of evidence on second appeal – misapprehension of evidence justifies interference.
* Jurisdiction – Primary Court proceedings governed by Primary Court rules; Civil Procedure Code and Evidence Act not directly applicable to Primary Court matters.
* Locus standi – capacity to sue in personal capacity versus company representation (board resolution unnecessary if purchased personally).
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8 November 2024 |
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Applicant failed to account for delay or produce adequate medical proof; extension of time dismissed with costs.
Extension of time — requirement to account for all days of delay and show diligence; Medical evidence — adequacy of proof of illness to justify delay; Illegality — must be particularized and supported in affidavit; Struck-out prior application — obligation to explain subsequent delay.
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8 November 2024 |
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Charge omission curable; child’s promise adequate; evidence did not prove grave sexual abuse but supported gross indecent assault.
Criminal law – sexual offences involving minors – charge particulars and curability under s388 CPA; s138C(1)(d) removes need to allege lack of consent; s127(2) TEA compliance for child witness; proof may establish lesser offence – conviction substituted under s300 CPA.
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6 November 2024 |
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A denial of brief facts and plea change to not guilty nullifies prior exhibit admission; prosecution must re-tender exhibits to prove possession.
* Criminal law – possession of prohibited liquor – burden of proof – physical exhibit must be tendered at full trial if accused denies brief facts; prior admission during plea narration lapses upon plea change; mere prior admission not sufficient to prove possession.
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5 November 2024 |
| October 2024 |
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Non-compliance with section 231 CPA nullified subsequent trial proceedings; incorrect charge citation was curable and non-prejudicial.
Criminal procedure – Charge particulars and statutory citation – curability and prejudice test; Mandatory compliance with section 231 CPA – ruling on case to answer; Non-compliance vitiates subsequent proceedings – retrial ordered under section 373(1)(a).
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31 October 2024 |
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Appellate court upheld rape conviction: child witness irregularity cured by 2023 amendment; prosecution proved guilt beyond reasonable doubt.
Criminal law – Rape – child witness evidence; Evidence Act s.127(2) promise by child of tender age – irregular recording cured by 2023 amendment (s.127(7)) – retrospective effect of procedural amendments; Credibility and corroboration – eyewitnesses and PF3 medical evidence; Failure to call material witness – adverse inference; Appellate re-appraisal where trial court omitted full evaluation of defence.
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29 October 2024 |
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Written contract validly executed; defendant breached and ordered to pay unpaid fees, notice sum, damages, interest and costs.
Contract law – oral contract later formalised in writing – validity of written contract despite disputed signature and absence of common seal; interpretation of contract periods and supersession of prior oral terms; calculation of unpaid services; entitlement to contractual notice payment, damages, court interest and costs.
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25 October 2024 |
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Claim for unpaid stock failed for lack of proof and variance between pleadings and evidence; judgments set aside.
• Civil procedure – burden of proof in civil claims – standard on balance of probabilities. • Pleadings – parties and court bound by pleaded case; cannot decide unpleaded claims without amendment. • Evidence – reliability and sufficiency of documentary exhibits (Orders to Store, Sales Reports, Remittances). • Appeal – appellate court must re-evaluate evidence within the scope of pleadings.
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24 October 2024 |
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Conviction quashed where physical drugs and custody documents were improperly admitted and oral testimony alone was insufficient.
Criminal law – Evidence – Improper admission of documentary and physical exhibits; Chain of custody – necessity of tendering physical narcotics or laying proper foundation; Sufficiency of oral evidence once exhibits are expunged.
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24 October 2024 |
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Appeal dismissed: procedural complaints unfounded and prosecution proved theft beyond reasonable doubt.
Criminal law – theft – elements of offence proved by possession, recovery and certificate of seizure; Criminal procedure – charge reading, section 231(1) rights, formal closure of defence, admissibility/reading of exhibits and compliance with section 312(1).
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23 October 2024 |
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Appellant failed to prove ownership on the balance of probabilities; tribunal's finding for respondent upheld.
Land law – ownership dispute – standard of proof in civil cases (balance of probabilities) – credibility of oral neighbour evidence – failure to tender documentary evidence and call corroborating witnesses – appellate restraint on findings of fact.
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23 October 2024 |
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Appellants' procedural and evidentiary complaints rejected; conviction upheld as prosecution proved gang rape beyond reasonable doubt.
Criminal law – gang rape – elements: penetration, lack of consent, identification by recognition – admissibility of caution statements (s.53 CPA) – no legal duty to remind accused of charge immediately before defence – absent DNA/map does not always vitiate conviction.
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21 October 2024 |
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Conviction for sodomy of a three‑year‑old upheld where child’s unsworn testimony and medical evidence proved the offence beyond reasonable doubt.
* Evidence Act s.127(2) – child of tender age must promise to tell the truth before unsworn evidence is admissible. * Sexual offences – identity and penetration: early identification by victim and medical PF3 corroboration can prove offence beyond reasonable doubt. * Right to counsel – accused afforded opportunities to secure representation; absence of counsel does not automatically vitiate trial. * Credibility – minor inconsistencies in testimony of a young child may be immaterial.
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21 October 2024 |
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Appeal allowed: successor magistrate’s failure to comply with section 214(1) rendered proceedings null, quashing conviction and ordering retrial.
* Criminal procedure – section 214(1) CPA – change of trial magistrate – mandatory recording of reasons – failure renders successor’s proceedings and judgment a nullity.
* Criminal appeal – scope of first appellate court – power to re-evaluate evidence but jurisdictional defects displace merits determination.
* Evidence – prosecution reliance on recent possession and cautioned statement (confession) – voluntariness allegations raised but not finally decided due to procedural nullity.
* Remedy – quashing of proceedings and judgment and ordering of retrial; credit for time already served.
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21 October 2024 |
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Appellant’s procedural complaints rejected; child witness evidence found credible and conviction and sentence affirmed.
* Criminal procedure – section 231 CPA – accused’s rights to give evidence and call defence witnesses – requirement to summon witnesses where indicated. * Criminal procedure – section 192 CPA – preliminary hearing – procedural deviations that do not occasion prejudice. * Evidence Act – section 127(2) & (7) – child of tender age: promise to tell the truth; non‑compliance not automatically fatal; substance and credibility to be assessed. * Self‑represented accused – re‑examination rights when the accused becomes a witness. * Sufficiency of evidence – corroboration of child witness by mother; conviction affirmed.
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17 October 2024 |
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Whether the Teachers Service Commission lawfully exercised its appellate power to remove the applicant from public service.
Administrative law – judicial review – prerogative orders (certiorari, mandamus, prohibition); Teachers Service Commission – appellate power to confirm, vary or rescind disciplinary decisions; Public Service Regulations Reg.62(3) – applicability only where inquiry appointment or conduct was irregular; duty to give reasons – requirement satisfied where decision contains adequate reasons.
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16 October 2024 |
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The appellant proved on the balance of probabilities that disputed properties were acquired after the deceased’s death; primary court order restored.
* Probate and administration – disputed property ownership – whether properties formed part of deceased's estate or were acquired after death. * Burden and standard of proof in civil probate claims – balance of probabilities. * Evidence – written sale agreements vs oral testimony; application of the parol evidence rule. * Administrator's duty to prove estate assets when challenged.
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16 October 2024 |
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Failure to sign and properly identify parties in a labour revision notice renders the application incompetent and struck out without leave to refile.
Labour procedure — Rule 24(2) notice must be signed by applicant; Rule 24(3)(a) affidavit must state parties’ names/descriptions/addresses — defective verification clauses — failure to identify parties in CMA award — striking out application — leave to refile refused due to execution/identification concerns.
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15 October 2024 |
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Mental-health report properly admitted; victim testimony and the appellant's admission sufficed to prove statutory rape.
Criminal law – statutory rape: proof of age, penetration and identity; Evidence – admissibility of mental health reports under section 216(4)-(5) CPA without personal tender by the medical officer; Victim’s testimony as best evidence in sexual offences; DNA evidence not required; Confession/admission corroboration; Trial procedure on retrial and completeness of record.
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15 October 2024 |
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Appellate court nullified trial judgment and remitted the case for admission of unadmitted documents and fresh determination of ownership.
* Land law – ownership of unsurveyed land – need for strong evidence of title. * Adverse possession – does not apply where possession arises from recent sales and agreements. * Civil procedure – documents attached to pleadings but not admitted cannot be treated as evidence; trial court procedural error. * Appellate powers – High Court may remit matter under s.42 Land Disputes Courts Act to take additional evidence.
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9 October 2024 |
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Court granted extension to file notice of appeal due to technical delay and applicant's diligence; 30 days allowed.
* Civil procedure – Extension of time – discretionary relief under section 11(1) AJA – guided by Lyamuya factors (account for delay, inordinate delay, diligence, other sufficient reasons).
* Procedural irregularity – technical striking-out for non-compliance with Rule 90(1) & (3) – may justify extension where original appeal was timely.
* Illegality – must be evident on face of record or properly pleaded in affidavit; statements from the bar are insufficient.
* Labour matters – no order as to costs when extension granted.
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9 October 2024 |
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Alibi shifts the burden to the prosecution; valuation report shows loss but not guilt; acquittal upheld.
Criminal law – arson (setting fire to crops); alibi – accused not required to prove alibi; evidential burden shifts to prosecution to disprove alibi beyond reasonable doubt; valuation report – proves extent of loss not identity of perpetrator; appellate review – second appeal will not disturb concurrent findings absent misdirection or misapprehension of evidence.
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9 October 2024 |
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Revision is not a substitute for appeal; applicant’s appealable complaints should have been pursued by appeal.
Civil procedure – Revisional jurisdiction; not an alternative to appellate jurisdiction; appeal under s.25(1)(b) Magistrates' Courts Act; revisional powers limited to exceptional circumstances; jurisdictional objections and merits are generally addressed on appeal.
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4 October 2024 |
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A plaint lacking the time of cause of action and an adequate land description is fatally defective and struck out with costs.
Civil procedure — Plaint requirements — Order VII r.1(e): mandatory pleading of facts showing when cause of action arose; Order VII r.3: mandatory description of immovable property sufficient to identify it; failure to comply renders plaint fatally defective and subject to striking out.
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4 October 2024 |
| September 2024 |
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The accused were convicted of heroin trafficking based on analyst results, phone evidence and constructive possession, receiving 20-year terms.
Drug trafficking — admissibility and conclusiveness of Government Analyst report (s48A DCEA); actual and constructive possession; chain of custody; exception to independent witness requirement; electronic evidence and money transfers as proof of knowledge and control.
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25 September 2024 |
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Emergency search and proper exhibit identification upheld conviction for cannabis trafficking; the appellant's appeal dismissed.
Criminal law – narcotic drugs – trafficking (cannabis sativa) – proof beyond reasonable doubt; Evidence – exhibit identification and chain of custody; Criminal Procedure Act – emergency searches (s.42) vs search warrant requirements (s.38); Failure to call an alleged material witness – not fatal where other evidence and accused's admission suffice.
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24 September 2024 |
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Chain of custody, confession admissibility and valuation upheld; appeal against possession convictions dismissed.
Criminal law – unlawful possession of government trophy; chain of custody of real exhibits (elephant tusks); admissibility and voluntariness of confession; burden of proof and role of defence; competency of wildlife officer valuation under Wildlife Conservation Act; weight of certificate of seizure and exhibit register.
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19 September 2024 |
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Lack of proof of administration/transfer meant the respondent lacked locus standi and DLHT proceedings were nullified.
Land law – locus standi – jurisdictional requirement to show interest in the subject matter; inheritance claims require proof of administration and distribution (Letters of Administration/Form VI) before title transfers; surveyed/registered owner versus possessory claims; revisional powers to nullify proceedings for jurisdictional defects (s.43(1)(b) Land Disputes Courts Act).
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19 September 2024 |
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Emergency search upheld; chain of custody and chemist’s analysis proved possession beyond reasonable doubt; appeal dismissed.
Search and seizure – emergency search under CPA s.42(1) – warrant not required; Seizure certificate – signature and record entries validate certificate even without precise house address; Chain of custody – exhibits properly handled and documented; Possession – prosecution proved 67.70 kg cannabis and seeds beyond reasonable doubt; Appellate review – first appellate court re‑evaluates evidence and may dismiss appeal where inconsistencies are immaterial.
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18 September 2024 |