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Citation
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Judgment date
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| December 2021 |
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Unsigned judgment is a nullity; omission to sign witness proceedings is curable under section 388 CPA.
* Criminal procedure – signing of proceedings – compliance with section 210(1)(a) and 210(3) CPA – omission to sign after witness testimony curable under section 388. * Criminal procedure – judgment requirements – section 312(1) CPA – unsigned judgment is a nullity. * Revisionary powers – section 373 CPA – quashing judgment and setting aside sentence; remit for proper signed judgment and re-sentencing.
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23 December 2021 |
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Failure to file mandatory notice of representation renders a labour revision application incompetent despite overriding objective.
Labour procedure — revision of CMA award; Regulation 34(1) (notice of intention) is a factual filing at CMA; Rule 43(1)/s56(c) LIA (notice of representation) mandatory; failure to file notice of representation renders revision application incompetent; overriding objective cannot cure clear statutory non‑compliance.
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21 December 2021 |
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Ward Tribunal proceedings failing to record members' gender violate statutory composition requirements and are nullified; judgments quashed.
Land law; Ward Tribunal composition — section 11 LDCA mandatory; record must show names and gender of members — failure renders proceedings and judgments nullity; second appeal may raise point of law on tribunal constitution; remedial effect and retrial considerations post-amendment.
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21 December 2021 |
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Unsupported sickness and failure to account for each day of delay do not justify extension to set aside an ex parte judgment.
* Civil procedure – Extension of time – Applicant must show good and reasonable cause and account for each day of delay.
* Sickness/health – Can be sufficient ground for extension but requires medical proof showing incapacity preventing timely action.
* Ex parte judgments – LDCA regulations permit ex parte hearing where respondent absent or duly served; no mandatory prior notice requirement under those regulations.
* Illegality – Alleged illegality or lack of notice must be demonstrated and shown to have prejudiced the applicant to justify extension or setting aside.
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20 December 2021 |
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A ward tribunal sitting with fewer than statutorily required members and adjudicating matrimonial property lacks jurisdiction and is nullified.
* Land law – Ward Tribunal composition – statutory minimum members (not less than four, at least three women) and requirement to record members present in proceedings.
* Jurisdiction – Ward Tribunal limited to land disputes under the Land Disputes Courts Act and Village Land Act; cannot determine matrimonial-property issues.
* Procedure – Proceedings conducted by improperly constituted tribunal and addressing matters outside jurisdiction are nullities; appellate power to quash under sections 31(1)(c) and 36(1)(b) LDCA.
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20 December 2021 |
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Failure to conduct mandatory Ward Tribunal mediation and denial of rejoinder vitiated proceedings; retrial ordered.
* Land law — Ward Tribunals — Mandatory mediation under the Land Disputes Courts Act — Failure to mediate renders proceedings a nullity.
* Constitutional & procedural law — Right to be heard — Right of rejoinder forms part of natural justice; denial vitiates proceedings.
* Civil procedure — Jurisdiction — Pecuniary jurisdiction requires evidence of value/size of land; may be raised anytime but requires proof.
* Remedy — Quashing of proceedings and retrial where mandatory procedures are not followed.
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17 December 2021 |
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Accused's multiple stab wounds, voluntary admissions and conduct established malice aforethought; convicted of murder and sentenced to death.
Criminal law – Murder – malice aforethought – proved by weapon, force, number and location of blows and post-offence conduct; admissibility of cautioned and extra-judicial confessions; insanity defence burden and proof; reliance on post-mortem report and admissions.
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10 December 2021 |
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The respondent failed to prove administrator status and the suit was time-barred; proceedings were nullified.
• Probate and Administration — letters of administration must be tendered in evidence to prove representative capacity; annexures to pleadings are not evidence.
• Civil procedure — pleadings annexures vs exhibits; documents appended to pleadings do not form part of evidence unless tendered.
• Limitation of actions — suits founded on judgment or for recovery of land limited to 12 years (Law of Limitation Act).
• Jurisdiction — proceedings are a nullity where plaintiff lacks locus standi or claim is time‑barred.
• Remedy — High Court's revisionary powers (s.43(1)(b) LDCA) to quash and set aside Tribunal proceedings and judgment.
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7 December 2021 |
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Primary Court judgment unsigned by assessors is a nullity; District Court revision and appeal founded on it are incompetent.
Magistrates' Courts Act s.7 and Primary Courts rules – mandatory participation and signatures of assessors – judgment unsigned by assessors is nullity; District Court revision based on void Primary Court judgment is incompetent; remedy: quash, set aside and remit.
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6 December 2021 |
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Sickness alone, without medical evidence accounting for the entire delay, does not establish good cause for extending time to appeal.
Extension of time; good cause test under section 41(2) LDCA; sickness as cause — requires medical evidence accounting for entire delay; applicant must account for whole period and show diligence.
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6 December 2021 |
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Court convicted accused of murder, finding malice aforethought and rejecting provocation; sentenced to death.
Criminal law – Murder vs manslaughter – Malice aforethought assessed by force, injury location and conduct; provocation defence; credibility of eyewitnesses; medical evidence of spinal injury.
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6 December 2021 |
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Suing the village government instead of the incorporated village council renders proceedings a nullity; lower tribunal orders quashed.
* Land law – village land management – proper party to sue – registered Village Council is a corporate body capable of suing and being sued; suing ‘Village Government’ is improper and renders proceedings void. * Civil procedure – consequences of suing wrong legal entity – nullity of proceedings and power to quash lower tribunals’ orders under s.43(1) LDCA. * Execution – challenges to ex parte execution where foundational proceedings are void for lack of proper party.
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3 December 2021 |
| November 2021 |
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Applicant cannot challenge Ward Tribunal judgment in execution revision; remedy was appeal or revision under section 43.
* Land Disputes Courts Act s.43 – High Court revisional jurisdiction over District Land and Housing Tribunal decisions. * Execution — entitlement to execute Ward Tribunal judgment not reversed or set aside. * Procedural law — jurisdictional/illegality complaints against a Ward Tribunal decision must be raised by appeal or revision, not in execution proceedings. * Revision — challenge to execution must show error material to merits involving injustice in the District Land and Housing Tribunal proceedings.
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30 November 2021 |
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Appellant failed to prove title; tribunal rightly held land formed part of deceased’s estate and dismissed the appeal.
Land law – ownership dispute; burden of proof in civil cases; credibility of evidence; deceased’s estate and probate jurisdiction; validity of purchases from persons with title.
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30 November 2021 |
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Disposal of perishable wildlife trophies without hearing the accused invalidates convictions for unlawful possession of those trophies.
Wildlife offences – unlawful entry and possession of weapons; unlawful possession of government trophies – disposal of perishable exhibits under PGO para 25; accused’s right to be heard before disposal; admissibility and tendering of seizure, inventory and valuation documents; appellate re-evaluation of evidence.
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30 November 2021 |
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Appellate court upheld conviction on recent possession but reduced the sentence to five years and ordered compensation.
* Criminal law – animal stealing – doctrine of recent possession – requirements and application. * Evidence – credibility and need (or not) for corroboration of victim and community witnesses. * Criminal procedure – section 231 CPA – accused’s right to be asked to call witnesses and consequences of his response. * Exhibits – seizure certificates and handing-over documents, and custody of live exhibits. * Sentencing – maximum sentence reserved for worst cases; reduction to statutory minimum for first offender.
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30 November 2021 |
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Applicants charged with economic offences were granted bail subject to EOCCA-mandated cash deposit, sureties, and travel restrictions.
* Criminal law — Bail pending trial — Economic and Organized Crimes Control Act (EOCCA) ss.29(4)(d), 36(1), 36(5) — requirement to deposit security equal to at least half value of property where value exceeds TSh 10 million — sharing required deposit equally among multiple accused. * Bail principles — presumption of innocence, risk of absconding or interference, gravity of offence (Patel v Republic). * Sureties, cash deposit or immovable property as bail security; verification by trial court.
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30 November 2021 |
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Appeal improperly filed in High Court instead of District Land and Housing Tribunal; struck out with leave to refile within 30 days.
Land law and civil procedure — Appeals from Ward Tribunal — Section 38(2) LDCA — mandatory requirement to file petition in District Land and Housing Tribunal — improper filing in High Court — striking out and leave to refile within statutory procedure.
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29 November 2021 |
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Failure of the trial chairperson to sign recorded witness evidence vitiated proceedings, requiring nullification and rehearing.
Civil procedure — Recording of evidence — Order XVIII, Rule 5 CPC — Presiding officer must sign recorded evidence — Failure to sign renders proceedings inauthentic and is incurable — Proceedings quashed and remitted for rehearing before new chairman and assessors.
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26 November 2021 |
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Extension of time granted to appeal due to alleged illegality despite failure to prove e-filing technical delay.
* Civil procedure – extension of time – requirements for showing good cause – technical issues with e-filing versus allegation of illegality. * Illegality as sufficient cause for extension – jurisdictional challenge and omission of judicial signature may vitiate proceedings. * Electronic filing – proof of control number and timing relevant to delay claims.
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26 November 2021 |
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High Court grants leave to appeal on arguable point whether time to obtain judgment copies is excluded from appeal limitation period.
* Civil procedure – leave to appeal – application under section 47(2) Land Disputes Courts Act – leave granted where grounds raise points of law or arguable issues.
* Limitation of actions – computation of time – whether time spent obtaining a copy of judgment is excluded from prescribed appeal period.
* Consent judgments – whether a judgment recording concession is appealable and avenues for challenge (review or appeal with leave).
* Procedural law – dismissal for being time-barred and requirement of leave to appeal out of time.
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26 November 2021 |
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Delay caused by a defective decree can constitute good cause for extension of time to file an appeal.
Land Disputes Courts Act s.41(2) – extension of time to appeal – "good cause" – defective/incorrect decree issued by trial tribunal; Exercise of judicial discretion to extend time where application is uncontested; Time limit for filing appeal after grant of extension (45 days).
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25 November 2021 |
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Respondent lacked locus standi and a defective locus in quo visit vitiated proceedings, so the tribunal's judgment was set aside.
* Land law – locus standi – a person claiming land of a deceased must prove title or sue as administrator/legal representative or heir (Probate & Administration of Estates Act ss.71,100).
* Civil procedure – visit to locus in quo – must comply with guidelines: parties and witnesses present, evidence on oath, cross‑examination allowed, proceedings recorded and reconvened in court; failure vitiates trial (Nizar M.H. and authorities).
* Revisionary jurisdiction – High Court may quash proceedings and set aside judgment where procedural irregularities or lack of locus standi affect the merits (Land Disputes Courts Act s.43(1)(b)).
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24 November 2021 |
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Appellant’s rape conviction upheld on victim and parental evidence; impregnating charge quashed for lack of DNA paternity proof.
* Criminal law – Sexual offences – Statutory rape – proof of penetration and age – victim and parent evidence admissible to prove age. * Evidence – Victim’s testimony as best evidence in rape cases. * Paternity – Requirement of DNA or conclusive proof to establish fatherhood for impregnating charge. * Criminal Procedure – Alibi notice requirement under section 194 CPA; failure disentitles the defence to weight. * Procedural – Delay in medical examination does not necessarily vitiate prosecutrix’s testimony.
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24 November 2021 |
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Conviction quashed where inventory disposing perishable trophy was improperly prepared and inadmissible, leaving no proof of offence.
* Criminal law – Evidence – Disposal and admissibility of perishable exhibits – Requirement under Police General Orders para.25 (and judicial precedent) that accused be present and heard before magistrate orders disposal – inventory prepared without complying with PGO is inadmissible.
* Wildlife law – Proof of government trophy – necessity of admissible exhibit identification; removal of key exhibit undermines prosecution case.
* Remedy – Expungement of improperly prepared exhibit, quashing of conviction and setting aside of sentence; no retrial ordered due to lack of evidence.
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24 November 2021 |
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Whether applicants charged under EOCCA with high-value mineral offences are entitled to bail pending trial.
EOCCA s29(4)(d) and s36(4)-(5) – bail pending trial where property value exceeds statutory threshold; presumption of innocence and right to liberty; sharing bail security among multiple accused; conditions of deposit, sureties and verification.
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24 November 2021 |
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Presumed cohabitation creates consequential custody jurisdiction but not a right to divorce; suo motu orders without hearing are nullities.
Family law – presumption of marriage under s.160 LMA – presumption not a formal marriage and cannot be dissolved by divorce – courts may make consequential orders under s.160(2) including custody; jurisdiction of primary court on consequential orders; natural justice – orders made suo motu without hearing are nullities; child welfare paramount in custody decisions.
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24 November 2021 |
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Failure to conduct mandatory Ward Tribunal mediation renders proceedings a nullity and warrants trial de novo.
Land law — Ward Tribunal — mandatory mediation under LDCA (sections 13, 14, 17(2)) — failure to mediate renders proceedings nullity — appellate proceedings founded on nullity invalid — court’s power under section 43(1) to quash and order trial de novo.
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24 November 2021 |
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Omission of arbitrator’s signature on CMA proceedings vitiates the record and mandates rehearing before another arbitrator.
Labour law – procedural irregularity – omission of Arbitrator’s signature after recording evidence – authentication of CMA proceedings – vitiation of proceedings and nullity of award – remedy: rehearing de novo before another Arbitrator.
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23 November 2021 |
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Failure to conduct mandatory Ward Tribunal mediation renders proceedings null and requires retrial de novo.
Land law – Ward Tribunal – mandatory mediation under LDCA (ss.13, 17) – failure to mediate renders proceedings nullity – appellate decision tainted – remedy: quash and order trial de novo.
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22 November 2021 |
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An expired temporary injunction cannot be enforced by committal against a non‑breaching beneficiary; proper execution or fresh suit required.
Land — Temporary injunction — Maintenance of status quo limited to specified period; Expiry/overtaking of injunction by events; Execution remedies — contempt/committal vs execution for re‑entry (court broker); Proper defendant for enforcement; Requirement to file fresh suit or execution proceedings after injunction expiry.
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22 November 2021 |
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Child’s evidence expunged for non‑compliance with s127(2) Evidence Act; conviction quashed for lack of proof.
* Criminal law – Unnatural offence – proof beyond reasonable doubt; child victim evidence.
* Evidence Act s.127(2) – procedure for child witness to promise to tell the truth – non‑compliance leads to expungement.
* Criminal Procedure Act s.210(3) / documentary exhibits – requirement to read admitted exhibits (PF3) – failure attracts expungement.
* Hearsay – inadmissibility and inability to corroborate child’s testimony.
* Conviction unsafe where statutory safeguards for child evidence are neglected.
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15 November 2021 |
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High Court refused to certify points of law for appeal, finding grounds unsupported by record and notice of appeal defective.
* Appellate jurisdiction (Primary Courts) – requirement for High Court certificate on point of law; rigorous evaluation required.
* Civil procedure – certification applications must be tied to the record; court must not act as conduit.
* Appeal procedure – correct citation of Court of Appeal Rules (rule 83(1) Cap 141 R.E 2019); defective notice of appeal undermines application.
* Evidence/pleading issues noted by applicant: hearsay admissibility; standing to sue; discrepancy between testimony and documents; failure to disclose cause of action; assessors' opinions (not certified).
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15 November 2021 |
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Ignorance of procedure and prosecuting struck-out applications do not amount to good cause for extension of time to appeal.
Land appeal — Extension of time — Applicant must account for delay, show diligence and good cause; prosecuting prior struck-out applications and ignorance of law are not sufficient cause; extension is discretionary.
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15 November 2021 |
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Leave granted for a representative land suit where applicants proved common interest and consent; representative must ensure notice.
Representative suits — Order 1 Rule 8 CPC — requirement to show similar interest and consent to representation — proof by joint affidavit and signatures — notice to all persons by personal service or public advertisement — family membership not alone determinative but may suffice on facts.
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15 November 2021 |
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High Court quashes DLHT finding: respondent failed to prove title; appellants’ Operation Vijiji allocation credible.
Land law — proof of title — allocation under Village Settlement Scheme (Operation Vijiji) as basis for ownership; burden of proof in civil cases; adverse possession — requirements and inapplicability where no abandonment; weight of oral evidence; appellate review of DLHT factual findings.
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12 November 2021 |
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Appellant failed to prove title; mining licence alone does not establish land ownership; tribunal's ownership finding quashed.
Land law – ownership proof on balance of probabilities – locus standi – hearsay and power of attorney testimony expunged – mining licence not conclusive of land title – compensation requirement for transfer of customary land.
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12 November 2021 |
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Applicant's extension of time application dismissed for failing to prove sickness or counsel negligence and not accounting for the delay.
* Civil procedure – Extension of time to file Notice of Appeal – section 11 AJA – factors in Lyamuya applied. * Sickness as ground for extension – requires medical evidence and proof it prevented timely action. * Alleged counsel negligence – requires evidence such as instruction note or payment receipt. * Applicant must account for entire period of delay; inordinate/unexplained delay defeats application.
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12 November 2021 |
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Court allowed review application to proceed despite defect in notice of representation, invoking overriding objective to allow amendment.
Labour procedure – preliminary objections – requirement for notice of representation under LIA s.56(c) and LCR r.43 – mandatory form but curable by amendment; preliminary objection must be a pure point of law; overriding objective to cure procedural defects.
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10 November 2021 |
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No prima facie case where eyewitness evidence was materially inconsistent and admissions were vague, resulting in acquittal.
Criminal procedure – prima facie case under section 293(1) CPA; Evidence – impeachment by prior inconsistent statements; Admission – cautioned/extra-judicial statements require clarity and corroboration; Murder – causation and malice aforethought; Burden and standard of proof.
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10 November 2021 |
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Court granted stay of execution on attachment of matrimonial home pending appeal, finding irreparable loss and no undue delay.
* Civil Procedure – Stay of execution – Order XXXIX, Rule 5(3) CPC – requirements: substantial loss, absence of unreasonable delay, and security – attachment of matrimonial home – effect of respondent’s non-opposition.
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10 November 2021 |
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Post‑mortem proved strangulation but prosecution failed to prove the accused caused the death; no case to answer, acquitted.
Criminal law — Murder — sufficiency of evidence to call accused to defence under s293 CPA; requirement to prove unlawful/unatural death, identity of killer and malice aforethought cumulatively; admissibility of extrajudicial statements — compliance with s10(3B) CPA and s34B Evidence Act; hearsay inadmissible under s62(1) Evidence Act.
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9 November 2021 |
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An appeal accompanied by a decree that contradicts the judgment is incompetent and must be struck out; file remitted for decree correction.
Civil Procedure – Decree must agree with judgment (Order XX, Rule 6 CPC) – Defective decree renders appeal incompetent – Appeal accompaniment requirement (Order XXXIX, Rule 1(1) CPC) – Incompetent proceedings cannot be adjourned/withdrawn – Remittal for correction and leave to refile without fees where defect caused by trial tribunal.
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8 November 2021 |
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Appeal dismissed: husband was a necessary party; assessors’ opinion properly considered but chairman may differ with reasons.
Land disputes – Necessary party/joinder – where third party (husband) claims ownership and is active in dispute he must be sued or joined; Appellate review – assessors’ opinion to be taken into account but chairman not bound and must give reasons when differing (LDCA ss.23–24); Evidence – sale agreement and council correspondence relevant to ownership; De novo hearing ordered where wrong parties sued.
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5 November 2021 |
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An appeal filed one day beyond the 60-day statutory limit is time-barred and must be dismissed absent an extension application.
Land law – Appeals from District Land and Housing Tribunal – Time limit under section 38(1) LDCA – Petition to be filed in originating tribunal – Extension of time requires application and accounting for delay – Single day delay without explanation leads to dismissal – Suo motu raising of time-bar.
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3 November 2021 |
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An unsigned appellate judgment is a nullity, rendering the subsequent High Court appeal incompetent and requiring remittal.
Criminal appeals — Requirement that appellate judgments be signed, dated and pronounced in open court — Unsigned appellate judgment is a nullity — No appeal lies against a nullity — Remittal to appellate court to compose, sign and deliver proper judgment; uncertainty as to judgment delivery date affects timeousness enquiry.
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3 November 2021 |
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Where a Primary Court judgment is unsigned and undated, there is no appealable decision and subsequent appeals are incompetent.
Magistrates' Courts (Primary Courts) — Requirement that Primary Court judgments be in writing, pronounced in open court, dated and signed by magistrate and assessors; absence of signed/dated judgment means no decision to appeal; appellate proceedings incompetent; District Court proceedings nullified and remitted to Primary Court.
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2 November 2021 |
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1 November 2021 |
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Probate proceedings before a Primary Court involving a Christian deceased were void for lack of jurisdiction and are set aside.
Probate jurisdiction – Primary Courts’ jurisdiction limited to Islamic and customary law – GN No. 320 of 1964 – Primary Court lacked jurisdiction over administration of estate of a Christian deceased – Proceedings and orders of Primary Court and District Court nullified – Section 31(2) Magistrates' Courts Act.
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1 November 2021 |
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Appeal allowed on impregnating charge due to uncertain medical evidence; other convictions (abduction/rape) upheld.
* Criminal law – Sexual offences – statutory rape/impregnating a schoolgirl – ingredients: age and penetration; medical evidence and gestational age. * Evidence – oral testimony of victim as primary evidence in rape cases; failure to tender documentary guest-house register not necessarily fatal where witness not challenged. * Trial procedure – omission of particular evidential detail from judgment not fatal where evidence appears on record. * Appeal – conviction quashed where medical evidence leaves doubt as to when conception occurred.
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1 November 2021 |