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Citation
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Judgment date
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| December 2020 |
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Sickness of the applicant’s legal officer constituted sufficient cause to grant extension of time to file an appeal.
Extension of time – sufficient cause – sickness of legal officer – documentary medical evidence – accounting for delay and diligence – technical delay following struck application.
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22 December 2020 |
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High Court lacks jurisdiction to stay execution once a notice of appeal is filed in the Court of Appeal.
* Labour law — Stay of execution — Jurisdiction where notice of appeal pending before Court of Appeal — High Court ceases to have jurisdiction once notice of appeal lodged. * Interpretation of s.91(3) EALRA — stay pending Labour Court decision only. * Procedural competence — Rule 11(2),(3) Court of Appeal Rules vests stay-power in Court of Appeal.
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22 December 2020 |
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Appeal allowed where prosecution failed to prove national-park entry, weapons possession, and trophy identification beyond reasonable doubt.
* Criminal law – right to be heard – accused informed of right to call witnesses and voluntarily closed defence. * Jurisdiction – EOCCA/DPP consent and certificate must be filed before trial; where filed proceedings valid. * Arrest/search in National Park – independent witness not required except for dwelling-house searches. * Evidence – contradictions between arresting officers and inadequate expert identification undermine proof beyond reasonable doubt. * Wildlife offences – strict requirement for proper identification of government trophies.
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21 December 2020 |
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Appeal dismissed: appellant failed to prove malice and lack of reasonable and probable cause for malicious prosecution.
Malicious prosecution — elements and burden of proof; reasonable and probable cause — honest belief based on prior judicial determinations; malice — requirement to prove spite or improper motive; mediation — no obligation to record mediation details; costs — discretionary award to successful party.
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21 December 2020 |
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Appeal dismissed: jurisdictional certificate filed, accused heard, exhibits and lawful disposal proved, defence unpersuasive.
Criminal law — EOCCA jurisdiction — requirement and filing of DPP/authorized officer certificate; Criminal procedure — right to be heard (Article 13(6)(a), s.228, s.231 CPA) — presence, charge explanation, cross‑examination, sworn defence; Evidence — seizure certificate, chain of custody and admissibility of weapons; Wildlife law — identification, valuation and lawful disposal of perishable government trophies (trophy valuation certificate, inventory, s.101 WCA); Appellate review of credibility where defence not advanced or witnesses not cross‑examined.
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21 December 2020 |
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DPP consent was properly filed; park-entry and weapons convictions upheld, but trophy-possession convictions quashed for improper disposal procedures.
* Criminal law – National Parks Act – unlawful entry and unlawful possession of weapons – evidence of park rangers and admitted exhibits sufficient to prove charges. * Wildlife Conservation Act / PGO – disposal of perishable government trophies – accused must be given opportunity to be heard and photographs taken; Inventory Form alone insufficient. * EOCCA – requirement for DPP certificate/consent for economic offences – jurisdictional compliance required and verified.
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21 December 2020 |
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Uncorroborated lab results did not prove good cause to restore an appeal dismissed for want of prosecution.
* Civil procedure – Restoration of appeal dismissed for want of prosecution – Good cause required to restore. * Evidence – Medical proof of incapacity – Laboratory results insufficient without certification/treatment by a qualified practitioner. * Application dismissed with costs where explanation for non-appearance is unsubstantiated.
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21 December 2020 |
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High Court revoked administrators for fabrication, failure to file inventories and misappropriation; Cap.352 not applicable to primary court probate.
* Probate law – Applicability of Probate and Administration of Estates Act (Cap. 352) to primary court proceedings – Act does not apply to primary court-originating probate matters.
* Primary Courts (Administration of Estates) Rules G.N. 49/1971 – Requirements: Form I (petition), service/notice under rule 5(2), Form V and Form VI (inventory and accounts) and time limits.
* Appointment of administrators – invalidity where family minutes fabricated, false information provided, and mandatory procedures not followed.
* Administrator obligations – duty to file inventory/accounts, fiduciary duties, liability (civil and criminal) for misappropriation; High Court powers under s.30 MCA to call records, revise and revoke appointments.
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21 December 2020 |
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High Court upheld concurrent factual findings, dismissing appeal and affirming ward tribunal’s majority decision and credibility assessment.
* Land disputes – appellate review of concurrent findings of fact – duty not to disturb concurrent findings absent misapprehension of evidence or legal error.
* Ward tribunal procedure – members’ opinions and majority decision – compliance with Land Disputes Courts Act and Ward Tribunals rules.
* Procedural law – appellate courts will not entertain issues not raised or pleaded in lower courts.
* Succession/administration – absence of letters of administration not determinative in a trespass claim and irrelevant if not pleaded.
* Cause of action – distinction between disputes over right of way (easement) and disputes over occupation/title of land.
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18 December 2020 |
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A ward tribunal’s lack of recorded coram and required female membership renders its proceedings and ensuing appeal null and void.
Ward Tribunal composition — statutory coram requirement (s.11 LDCA; s.4 Ward Tribunals Act) — necessity of recording members and gender — failure to meet female membership requirement renders proceedings a nullity — appellate decision depending on null proceedings vitiated — revisional powers under s.43 LDCA to quash and order fresh proceedings.
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18 December 2020 |
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Victim's credible oral testimony and parental evidence proved penetration and age; appeal against rape conviction dismissed.
* Criminal law – Rape – Proof of penetration – oral testimony of victim sufficient; DNA not mandatory.
* Criminal law – Statutory rape – proof of victim's age – parental testimony acceptable; improperly admitted birth certificate expunged.
* Evidence Act s.127(6) – victim's uncorroborated testimony may sustain conviction where court records reasons for belief in truthfulness.
* Evidence – Exhibits admitted but not read over to accused are expunged; oral testimony may nevertheless supply necessary proof.
* Criminal procedure – Appellant's failure to cross-examine witnesses undermines defence and appeals on credibility grounds.
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18 December 2020 |
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Appellants' convictions for unlawful park entry, weapons and trophy possession upheld; DPP certificate and disposal procedure valid.
Criminal law – National Parks Act and Wildlife Conservation Act – unlawful entry, possession of weapons and government trophies; requirement of DPP consent for economic offences; accused's rights under s.231 CPA to be informed and call witnesses; disposal of perishable exhibits – Police General Orders and inventory/disposal order admissibility.
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18 December 2020 |
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High Court refusal of leave does not invalidate an already-filed Notice of Appeal; extension application struck out.
Notice of Appeal – validity of a Notice after High Court refusal of leave to appeal; Appellate procedure – competence of s.11 AJA extension where leave refused; Procedural route – Rule 45(b) CA Rules and s.5(1)(c) AJA.
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15 December 2020 |
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Leave to appeal granted on an arguable misrepresentation claim arising from a contract alleged to be void due to a repealed statute.
* Appellate procedure – leave to appeal – discretionary, granted where grounds raise arguable appeal or issue of general importance.
* Contract law – illegality – whether contract to collect levy under repealed statute is void ab initio.
* Misrepresentation – entitlement to specific and general damages where party allegedly induced to contract by misrepresentation.
* Law of Contract Act s.23(2) – exceptions to illegality and their proof.
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15 December 2020 |
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Failure to properly conduct and record a locus in quo visit vitiated the tribunal’s decision; assessors’ opinion was properly recorded.
* Land law – dispute over relocated graves following compensation and school construction. * Procedure – visit to locus in quo must follow established guidelines (attendance, witness recall, record of findings, parties’ opportunity to comment). * Evidence – assessors’ opinion must be recorded and read in court as required by LDCA and regulations. * Remedy – procedural irregularity at locus in quo can vitiate proceedings and require rehearing before a different chair and new assessors.
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15 December 2020 |
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Primary Court lacked jurisdiction to award adultery damages without divorce petition or proof of customary/Islamic marriage.
Primary Court jurisdiction – damages for adultery – requirement of customary or Islamic marriage or divorce petition (s.75 LMA) – absence of jurisdiction voids proceedings and judgment; exhibits returned if no appeal.
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14 December 2020 |
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Primary Court lacked jurisdiction to award adultery damages absent divorce petition or proof of customary/Islamic marriage.
Jurisdiction of Primary Court – damages for adultery – requirement to petition for divorce or prove marriage in customary/Islamic form (LMA Part V, s.75) – proceedings quashed for want of jurisdiction – Court of Appeal precedent applied.
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14 December 2020 |
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Undated jurat and omission by commissioner were defects in the affidavit but curable; leave to amend granted.
Notaries Public and Commissioners for Oaths Act s.8 – jurat must state name, place and date of attestation; omission to date jurat or verification clause is a defect. Defects in affidavits (undated jurat/verification and commissioner’s omission to state knowledge of deponent) are curable; court may grant leave to amend. Application for certificate under AJA s.5(1)(c) – preliminary objection on affidavit formalities – discretion to amend rather than striking out.
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13 December 2020 |
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Mutual mistake rendered the alleged investment contract void; only TSh 65,992,000.05 was proven and awarded with interest.
* Contract law – formation – mutual assent – "same thing in the same sense" required for valid agreement; mutual mistake under s.20(1) Law of Contract Act renders agreement void.
* Evidence – proof of payment – admissibility and authenticity of Western Union spreadsheets; probative value of bank statements and police investigation.
* Remedies – absence of valid contract precludes breach-based damages; award limited to proven transfers; interest awarded at court rate.
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11 December 2020 |
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Application for interim injunction challenging administrative eviction struck out as procedurally inappropriate and moot.
* Administrative law – Appropriate procedure for challenging administrative eviction orders – Judicial review ordinarily the proper forum.
* Interim relief – Mareva injunction limited to preserving assets where suit cannot be instituted; not for pending nonexistent suits.
* Mootness – Eviction after filing can render injunctive relief ineffectual; court may strike out application.
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11 December 2020 |
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Applicant's appeal allowed; court found respondents' grazing destroyed crops wilfully and assault was proven.
* Criminal law – Malicious damage to property – Grazing livestock on privately owned crops can amount to wilful and unlawful destruction under s.326(1) Penal Code.
* Criminal law – Assault occasioning actual bodily harm – Medical records (PF3) and eyewitness evidence suffice to establish offence despite minor inconsistencies.
* Evidence – Minor discrepancies (e.g. name variation; differing descriptions of blows) are not necessarily fatal to prosecution where identity and core facts are clear.
* Procedure – Appellate court may quash acquittal and convict where trial court misappreciated evidence.
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11 December 2020 |
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Victim and medical evidence can prove rape and statutory age without DNA or a birth certificate.
* Criminal law – Sexual offences – Rape and impregnating a schoolgirl – Proof by victim, parent and medical evidence; penetration and age established. * Evidentiary requirements – DNA report not mandatory to prove rape. * Witnesses – Prosecution need not call non-material witnesses. * Proof of age – Birth certificate desirable but not essential where other credible evidence exists.
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11 December 2020 |
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Whether an appellate court may entertain an unraised time-bar issue on appeal when not argued in lower courts.
Civil procedure – extension of time – time-bar – whether appellate court may decide an issue of time-bar not raised in lower courts; conflict of authorities on raising new legal questions on appeal; certification for Court of Appeal review.
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11 December 2020 |
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Second appeal dismissed where ward tribunal membership and assessors' opinion were sufficiently recorded and appellant's grounds failed.
* Land law – second appeal – interference with concurrent findings – requirement of demonstrable error or miscarriage of justice.
* Procedure – Ward Tribunal – recording of coram/membership – sufficiency where members are identifiable on record.
* Procedure – Assessors’ opinion – chairman must record substance; written assessors’ opinion on record suffices.
* Appellate procedure – grounds not raised, argued or decided at lower appeal cannot be entertained on second appeal.
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11 December 2020 |
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Appeal against wildlife conviction dismissed; DPP certificate present, chain of custody proven, PE1 expunged.
* Wildlife offences – unlawful entry with weapons and possession of animal trophies – charges under Wildlife Conservation Act and National Parks Act. * Criminal procedure – right to call defence witnesses – waiver when accused declines to call witnesses. * Jurisdiction – certificate vesting jurisdiction from DPP/state attorney – presence on record validates trial court’s jurisdiction. * Evidence – chain of custody – seizure, file opening, identification, inventory and magistrate order sufficiently prove continuity. * Admissibility – exhibits admitted without objection; certificate of seizure (PE1) not read and expunged.
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11 December 2020 |
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Accused convicted of murder where eyewitness statement and corroborative evidence established identity and malice aforethought.
Criminal law – murder – proof beyond reasonable doubt; Visual identification – conditions for reliability; Admission of unavailable witness’s statement under s34B Evidence Act; Alibi – notice requirements under s194 CPA and consequences; Malice aforethought – factors (weapon, injuries, number of blows, utterances, conduct); Evaluation of contradictions – materiality.
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11 December 2020 |
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Court convicted three accused of murder on voluntary confessions and corroborating circumstantial evidence, sentencing them to death.
Criminal law – murder – circumstantial evidence; admissibility and voluntariness of oral and cautioned confessions; use of co-accused confessions against others; unsound unsigned post-mortem expunged; accomplice evidence admissible; defences of alibi and compulsion insufficient.
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11 December 2020 |
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Single-witness night identification upheld to convict three accused of murder; one accused acquitted; death sentences imposed.
Criminal law – Murder – Elements: death, malice aforethought established by weapon, injuries and conduct; Visual identification – single eyewitness at night: reliability tested by time observed, distance, lighting, prior acquaintance and immediate naming; Alibi – requirement to give notice and prove on balance of probabilities; Principal liability and common intention (ss.22, 23 Penal Code) – aiding, abetting and joint enterprise; Sentence – death under ss.196–197 Penal Code.
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11 December 2020 |
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Appeal dismissed: trial court properly admitted inventory and jurisdiction certificate; appellant waived calling witnesses.
* Criminal law – unlawful possession of wildlife trophy – Topi parts.
* Evidence – admissibility of Trophy Valuation Certificate, search warrant, and inventory; perishable exhibits may be destroyed and inventory admitted.
* Procedural fairness – right to call witnesses considered waived when appellant closed defence.
* Jurisdiction – certificate vesting jurisdiction from state attorney on record suffices.
* Appeal – afterthought complaints on exhibits and procedure will be dismissed.
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11 December 2020 |
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Theft conviction upheld under doctrine of recent possession; burglary not proved and appeal dismissed.
Criminal law – Theft – Proof by recent possession – Requirements for recent possession (nexus, positive identification, recent theft, reference to charge) – Burglary not proved – Mens rea and actus reus inferred from recent possession – Defence insufficient when no plausible explanation for possession.
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11 December 2020 |
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Personal hardship and alleged employer illegality are not sufficient grounds for condonation to file a labour dispute out of time.
* Labour law – extension of time/condonation – personal hardships, poverty, distance and ignorance of law do not constitute good cause.
* Condonation – illegality as ground – refers to judicial/tribunal errors, not alleged wrongful acts by a party in the substantive dispute.
* Procedural fairness – condonation stage must not determine substantive merits or pre-empt main hearing.
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11 December 2020 |
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Second appeal dismissed: appellate tribunal properly considered evidence, and respondent owns land by allocation/adverse possession.
* Land law – ownership dispute – village authority allocation of land – evidentiary weight of village secretary testimony. * Adverse possession – requirements and 12-year statutory period. * First appellate review – duty to re-evaluate evidence. * Assessors – mandatory requirement under s.24 LDCA to give reasons for differing with assessors’ opinion. * Concurrent findings of fact – principle against disturbance on second appeal absent miscarriage of justice.
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10 December 2020 |
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Second identical application for temporary injunction struck out as res judicata and functus officio.
Civil procedure — res judicata; interlocutory orders — temporary injunctions; dismissed interlocutory application bars refiling on same facts — abuse of court process; functus officio — court cannot reopen finally disposed matters.
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10 December 2020 |
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Unlawful-entry conviction upheld; convictions for weapons and trophy possession quashed due to improper exhibit handling and inventory procedures.
Criminal law – Wildlife offences – unlawful entry into national park; admissibility of perishable exhibits – compliance with Police General Orders Paragraph 25 and s.101 WLCA; inventory/valuation of trophies – procedural mandatory; identification/tendering of exhibits – requirement to avoid reasonable doubt; credibility of arresting officers.
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8 December 2020 |
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Appeal dismissed: seizure certificate and trophy valuation properly admitted; witnesses credible; right to be heard respected.
Criminal law — National Park offences; admissibility of certificate of seizure and trophy valuation certificate (s.86(4) WLCA); credibility of prosecution witnesses in restricted areas; accused's right to be heard under s.231 CPA; failure to object or cross-examine as acceptance of evidence.
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7 December 2020 |
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Conviction quashed where medical evidence contradicted complainant and trial court failed to comply with s.231(1) CPA.
* Criminal law - Rape of a minor - proof of age by parent; * Evidence - medical report (PF.3) improperly read/handled; expungement of exhibit; * Evidence - medical findings of old perforation vs complainant's account; contradictions and reasonable doubt; * Procedure - non‑compliance with s.231(1) CPA vitiates proceedings; * Retrial - refused where prosecution would be given chance to fill evidential gaps.
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7 December 2020 |
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Court upheld WLCA convictions, found DPP consent valid, corrected misclassification as economic offence and resentenced for trophy possession.
* Wildlife Conservation Act — unlawful entry into game reserve (s.15) and unlawful possession of government trophies (s.86).
* Criminal Procedure Act s.231 — accused's right to be informed and to call witnesses; recording non-compliance not necessarily fatal if accused expressly declines to call witnesses.
* Perishable exhibits — disposal under Police General Orders/section 101 WLCA; requirement that accused be present and heard.
* Jurisdiction — DPP consent and certificate required and, if on record before trial, confers jurisdiction for economic offences.
* Credibility — park rangers and police officers may be independent witnesses absent proof of interest or enmity.
* Sentencing — correct bracket under s.86(2) WLCA depends on trophy value; possession under s.86 not covered by EOCCA paragraph 14.
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7 December 2020 |
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A successor magistrate’s failure to record reasons for takeover under Order XVIII Rule 10(1) CPC renders subsequent proceedings a nullity.
Civil procedure – Order XVIII Rule 10(1) CPC – Successor magistrate must record reasons for takeover – Failure to record reasons is a jurisdictional defect rendering subsequent proceedings nullity – Reasons in later judgment or other rulings do not cure defect – Overriding objective cannot cure jurisdictional defect.
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4 December 2020 |
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Appeal dismissed: jurisdiction and evidentiary record supported convictions; appellants waived calling defence witnesses.
* Criminal law – wildlife offences – possession of animal carcasses and entry into game reserve – evidentiary proof including inventory and witness testimony.
* Criminal procedure – jurisdiction under EOCA s.12(4) – requirement and filing of DPP certificate.
* Criminal procedure – accused's right to call witnesses – waiver and closing of defence.
* Appellate review – evaluation of trial court's assessment of defence credibility.
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4 December 2020 |
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Appellate court upheld conviction for receiving a bribe, expunged flawed electronic evidence, increased sentence and ordered direct restitution.
* Criminal law – Corruption – receiving a bribe – sufficiency of identification and corroboration; * Evidence – electronic/digital printouts – admissibility under Electronic Transactions Act s.18 and effect of expungement; * Criminal law – distinction between soliciting and receiving corruption; * Sentencing – gravity of corruption by public officers and limits of judicial leniency; * Restitution – ordering direct payment to victims rather than PCCB.
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4 December 2020 |
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Appeal struck out where judgment/decree named parties differently from the memorandum; correction must be sought in trial court before appeal.
* Civil procedure – Appeal requirements – Order XXXIX r.1(1) CPC – memorandum of appeal must be accompanied by copy of judgment and decree.
* Civil procedure – Parties’ description – Order XX r.6(1) CPC – decree must correctly state names and description of parties; defect going to root renders appeal incompetent.
* Remedy – Substantive defects in judgment/decree to be corrected by trial court on review, not cured on appeal; leave to refile where defect caused by trial court.
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3 December 2020 |
| November 2020 |
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Appellate tribunal erred by differing with assessors without reasons and misapplying law on pledged land sale.
Land law – pledge/pawn of land as security – sale of pawned property under s.128(1) Law of Contract; Civil procedure – appellate review – requirement for chairman to give reasons when differing from assessors under s.24 Land Disputes Courts Act; Evidence – possession, transfer instruments and estoppel.
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30 November 2020 |
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Compensation quashed where unsigned valuation for mature trees failed to prove value of two-month-old seedlings and preparer was not called.
Criminal law – malicious damage to property; compensation for destroyed trees – proof of value; admissibility of valuation document; requirement to call preparer/expert witness; application of Magistrates' Courts Act s.29(c).
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27 November 2020 |
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Appeal dismissed: time-bar and minor witness inconsistencies insufficient to overturn tribunal’s land-ownership finding.
Land law – limitation/time bar – concurrent occupation does not automatically defeat a limitation defence; Evidence – evaluation of witness credibility and minor inconsistencies; Appellate review – minor contradictions not going to root insufficient to overturn tribunal findings.
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27 November 2020 |
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Second appeal dismissed: concurrent factual findings on land ownership and size upheld; no misapprehension of evidence or legal error found.
* Land law – dispute over size and ownership of rural plot – burden of proof for alleged purchase and plot dimensions; * Appellate review – concurrent findings of fact by lower tribunals will not be disturbed absent misapprehension of evidence or breach of law; * Evidence – credibility and weight of oral testimony versus absence of written title; * Procedural – points not argued before a lower tribunal cannot be raised to fault that tribunal on appeal.
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27 November 2020 |
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The applicant failed to prove slander and relied on his own evidence and a prior judgment, so the claim was dismissed.
* Defamation (slander) — elements required: publication to a third party and proof of loss of reputation; witness must show change in estimation of the defamed person.
* Res judicata/forum appropriate — complaints about judgment of a lower court must be pursued by appeal, not via a new civil suit re-litigating the same issues.
* Evidentiary weight — party’s own documentary and testimonial evidence can establish facts adverse to that party (e.g., indebtedness), undermining defamation claims.
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27 November 2020 |
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Magistrates' courts lack jurisdiction to determine land ownership; land courts must decide before enforcing attachments.
* Land law – jurisdiction – primary and district (magistrates') courts lack jurisdiction to determine land ownership; exclusive land jurisdiction vested in Land Division, District Land and Housing Tribunals, Ward Tribunals and Village Land Councils (Land Act s.167).
* Land Disputes Courts Act s.4(1) – prohibition on magistrates' civil jurisdiction under the Land Act.
* Enforcement of matrimonial division orders – attachment of land/property cannot proceed until land ownership is determined by a competent land court.
* Probate/administration – administrators must first obtain land ownership determination in proper land court before treating property as estate asset.
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27 November 2020 |
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Stay of execution refused because the applicant failed to furnish required security despite prompt application and risk of loss.
Civil procedure — Stay of execution — Order XXXIX r.5(3) CPC — Conditions: substantial loss, no unreasonable delay, security/firm undertaking — Financial capacity does not exempt requirement.
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27 November 2020 |
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Six plaintiffs proved pre-1967 ownership and are entitled to resettlement or market-value compensation before demolition.
* Roads law – GN 161 of 1967 (Highways (Width of Highways) Rules) – effect of declaring road reserve and entitlements of persons in occupation prior to declaration.* Compensation – eligibility where private land is included in statutory road reserve – obligation to compensate under Highways Act / Roads Act.* Evidence – burden to prove prior ownership or lawful occupation; insufficiency of plaint and uncorroborated valuation report.* Remedies – resettlement or market-value compensation prior to demolition.
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27 November 2020 |
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An applicant may obtain extension of time to appeal where an illegality (boundary change and non‑joinder) undermines res judicata.
* Land law – change of village boundaries (Government Notice) – effect on jurisdiction over land and proper parties.
* Res judicata – whether a prior decree binds a party who was not joined because the land fell within a different village after boundary change.
* Civil procedure – extension of time to appeal – established illegality as ground dispensing with detailed reasons for delay.
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27 November 2020 |