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Citation
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Judgment date
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| December 2022 |
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Failure to involve assessors in finding the accused had a case to answer vitiated proceedings; conviction quashed.
Magistrates' Courts Act — paragraph 35(6): duty to read and certify witnesses' evidence (including cross/re‑examination) — non‑compliance fatal only if prejudice shown; Magistrates' Courts Act s.7(2): assessors must be involved in findings on any issue — failure to involve assessors vitiates proceedings; discretionary remedy — retrial vs quash where accused has already served substantial custody.
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21 December 2022 |
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Failure to record or explain departure from assessors' written opinions vitiates the Tribunal's proceedings and requires nullification.
* Land procedure – District Land and Housing Tribunal – mandatory composition and role of assessors – assessors must give written opinions, read to parties and incorporated into judgment. * Judicial reasoning – Chairman must state reasons when departing from assessors’ opinion. * Procedural irregularity – failure to record/consider assessors’ opinions is fatal and vitiates proceedings; remedy is nullification and re-composition of judgment under s.42.
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20 December 2022 |
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Court upheld eyewitness identification at night and convicted accused of attempted murder; ordered prison terms and victim compensation.
Criminal law – Attempted murder – Visual identification at night – Waziri Amani factors applied (illumination, proximity, duration, familiarity, prompt identification) – Materiality of contradictions – PF3 medical evidence corroboration – Sentencing and compensation for attempted murder.
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20 December 2022 |
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The applicant must exhaust statutory appeals before claiming damages in High Court for a prison dismissal.
* Prisons disciplinary proceedings – required form and content of a plea – Prison Service Regulation No.133 – mitigation, recording and signature – failure renders plea a nullity.
* Enhancement of punishment and confirmation by Commissioner General – Regulation 24(2) & (4).
* Appeals – requirement to exhaust internal/appellate remedies to Police Force and Prisons Service Commission (s.5(f) Police Force and Prisons Service Commission Act; Reg.19(2)).
* Jurisdiction – where statute provides special forum, ordinary courts should not entertain appeals until statutory remedies exhausted; availability of judicial review/certiorari.
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20 December 2022 |
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Court waived the 90‑day notice but refused temporary injunction for failure to prove irreparable harm and adverse balance of convenience.
Land dispute; temporary injunction – Atilio test (triable issue, irreparable injury, balance of convenience); waiver of statutory 90‑day notice under s.2 Cap 358 and equity; failure to prove irreparable harm; prejudice to public interest/ongoing school construction.
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16 December 2022 |
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A preliminary objection to an electronically filed petition failed where faint printing required registry verification; objection overruled.
Civil procedure – preliminary objection – competence of electronically filed petition – requirement of signature under s.34 Cap 11; Preliminary objection must be a pure point of law apparent on the record; Where verification requires inspection of court registry/system, objection is non‑meritorious; Electronic filing and faint printing may be attributable to court printing, not advocate/appellant negligence.
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15 December 2022 |
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Proceedings instituted by a purported representative without proof of mandate are incompetent and must be quashed.
Land law — locus standi — representative capacity — failure to plead or produce instrument of appointment renders proceedings incompetent; judicial review — s.43(1)(b) Land Disputes Courts Act — power to quash lower tribunals’ proceedings for material error causing injustice; incompetent proceedings cannot validly determine ownership; no order as to costs; parties allowed to re‑file in competent forum.
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15 December 2022 |
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Appellate court quashed tribunal decision for premature findings on compensation and failure to join the Municipal Council as a necessary party.
* Land law – ownership dispute – relevance and effect of a certificate of occupancy; * Compensation for outgoing occupiers – when compensation must be established and consequences of non-compliance; * Civil procedure – joinder of necessary parties (local government authority) to determine title/compensation; * Appellate review – re-evaluation of tribunal's factual findings where record shows procedural shortcomings.
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14 December 2022 |
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Second appeal dismissed: concurrent factual findings on cattle theft and compensation upheld; no misdirection or point of law raised.
* Criminal law – theft (cattle) – proof beyond reasonable doubt – eyewitness evidence and corroboration.
* Civil relief in criminal trial – compensation order – evidential support for valuation.
* Appeals – second appeal – limited scope to interfere with concurrent findings of fact; intervention only for misapprehension, misdirection, or miscarriage of justice.
* Procedure – requirement to raise points of law in second appeal to warrant interference.
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14 December 2022 |
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Plaintiff failed to prove ownership or adverse possession of disputed land; suit dismissed with costs.
Land law – proof of ownership – variance between pleadings and evidence; burden of proof in civil suit; village assembly land reallocation and compensation; customary right of occupancy as evidentiary basis; adverse possession not available where not pleaded.
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13 December 2022 |
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Court amended its order to state the awarded sum is subject to statutory deductions.
Labour law – Correction of court orders – Amendment of Ruling to insert inadvertently omitted words; Interpretation and execution of monetary awards; "Subject to statutory deductions" – qualification of awarded sums; Costs in labour disputes – no costs where omission is unintentional.
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13 December 2022 |
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Accused acquitted where confession described accidental death during consensual sex and malice aforethought was not proved.
* Criminal law – murder – elements to prove: death, unlawful killing, identity of killer, malice aforethought. * Evidence – cautioned/confession statement – admissibility under CPA sections 57/58. * Evidence – significance of absence of post‑mortem/expert evidence in proving cause of death and malice. * Burden of proof – prosecution must prove guilt beyond reasonable doubt.
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13 December 2022 |
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Appeal allowed; proceedings nullified because neither party produced probate establishing title to disputed land.
Land law – Inheritance and title – Competing claims arising from a deceased estate must be determined by probate/administration court – Requirement to trace root of title to probate or letters of administration – Lack of probate renders land tribunal proceedings nullity – Revisionary powers (s.43 Land Disputes Courts Act).
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13 December 2022 |
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High Court quashed district court probate judgment for relying on a primary court decision that was not on the record.
* Civil procedure – Appeals – incomplete or defective record – judgment based on an unrecorded primary court decision – appellate court’s jurisdiction limited to matters decided below; quash and set aside proceedings.
* Probate – administration disputes – validity of lower court determinations cannot be entertained on appeal where supporting judgment is missing from the record.
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13 December 2022 |
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Whether divorce and sale of matrimonial home were proper; court ordered sale and apportioned proceeds 60/40 based on contributions.
• Family law – Divorce – Irretrievable breakdown under section 107(1) Law of Marriage Act – findings of abuse, infidelity and failed reconciliation. • Matrimonial property – Sale and distribution – no concept of 'family property' after dissolution; distribution concerns spouses. • Evidence – Application of sections 110 and 111 Evidence Act where facts were not disputed. • Distribution – apportioned according to parties' contributions (60/40 on facts).
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13 December 2022 |
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Accused acquitted where circumstantial and hearsay evidence failed to establish guilt beyond reasonable doubt.
Criminal law – Murder – Requirement to prove death and causal link to accused beyond reasonable doubt; Circumstantial evidence – must exclude all reasonable innocent hypotheses; Hearsay – limited value as direct evidence; Evidence – possession of potential weapon insufficient without proof of use.
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12 December 2022 |
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Accused student convicted for intentional grievous harm on a teacher; sentenced to 30 years and ordered to pay compensation.
Criminal law – Act intended to cause grievous harm (s.222(a)) – proof of actus reus and mens rea – reliability of visual identification – rejection of self-defence – sentence and compensation ordered.
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12 December 2022 |
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Daylight identification and established common intention sufficed to convict the accused of attempted murder.
Criminal law – Attempted murder – Identification evidence in daylight – Reliability of victims as eye-witnesses – Common intention (section 23, Penal Code) – Conviction where prosecution proves identity and joint enterprise beyond reasonable doubt.
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12 December 2022 |
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Contradictory eyewitness evidence created reasonable doubt, resulting in acquittal for murder.
Criminal law – Murder: elements required (death, unlawful act/omission, causation, malice aforethought); burden of proof on prosecution; eyewitness identification and material contradictions; alibi evidence; abatement of co‑accused under section 284A Criminal Procedure Act.
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12 December 2022 |
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Uncorroborated and improperly tendered dying declaration, plus unreliable identification, led to acquittal for failure to prove murder.
Criminal law – murder – dying declaration – admissibility under section 34B Evidence Act – mandatory prior notice requirement – need for corroboration; identification evidence at night and by voice – unreliability; hearsay inadmissible – acquittal for failure to prove guilt beyond reasonable doubt.
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8 December 2022 |
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The applicant's compensation claim failed for lack of letters of administration; he may refile after obtaining them.
* Succession/Representative capacity – requirement to plead and attach instrument of appointment (letters of administration or power of attorney) – failure to do so is fatal to standing.
* Civil procedure – competence of proceedings commenced on behalf of a deceased estate – necessity of proper parties and authority to sue.
* Land/Compensation – claim against municipal allocation cannot succeed absent lawful authority to represent the deceased estate.
* Remedy – liberty to refile upon obtaining valid letters of administration; no costs ordered.
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7 December 2022 |
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The prosecution failed to establish a prima facie murder case after the accused’ cautioned statements were excluded.
Criminal procedure – Prima facie case – Section 293(1) Criminal Procedure Act – requirement to establish a case to answer before calling accused to defend; Evidence – Admissibility of cautioned/confession statements – recording date inconsistencies and delay beyond statutory period; Evidence – Post-mortem establishing cause of death insufficient alone to incriminate without direct or corroborative evidence; Burden and standard of proof – sections 110, 112 Evidence Act and section 3(2)(a) relevance at prima facie stage.
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6 December 2022 |
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Applicants alleging inadequate compensation for land acquisition entitled to injunction pending determination of the main suit.
Land law – injunction pending trial; joint affidavit verification clause; adequacy of compensation (fair, prompt, full); risk of irreparable harm from eviction; balance of convenience.
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5 December 2022 |
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Prisoner’s restricted access and difficulty obtaining judgment copies constituted good cause to extend time to file a notice of appeal.
* Criminal procedure – extension of time to appeal – section 361(2) CPA – discretionary power of High Court – requirement to show good cause and account for delay; prisoner’s restricted access to documents and communication as relevant good cause – authorities: Kassana Shabani; Maneno Muyombe; Moroga Mwita; Buchumi Oscar.
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5 December 2022 |
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Whether marriage had irreparably broken down under s.107 — court held it had and restored the Primary Court divorce.
Law of Marriage Act s.107 — irretrievable breakdown of marriage; evidence of adultery, theft, continuous fighting and failed conciliation (Form No.3); appellate review of district court’s reversal; role of community evidence and reasonable-person standard in matrimonial disputes.
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2 December 2022 |
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Taxing officer's discretion under the one-sixth rule upheld; reference dismissed as vexatious.
Taxation of costs – Order 48 GN 264 of 2015 – one‑sixth rule; taxing officer's discretion to disregard fees; requirement of receipts; review of taxation decision.
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2 December 2022 |
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Taxing master lawfully exercised discretion under Order 48 despite disallowance exceeding one‑sixth; reference dismissed.
* Taxation of costs – Order 48 GN 264 of 2015 – scope of one-sixth rule and taxing officer’s discretion;* Discretion of taxing master – when >1/6 disallowed does not automatically require total disallowance if discretion properly exercised;* Requirement of receipts – statutory items (e.g., court attendance) may not require receipts.
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2 December 2022 |
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Proceedings by parties lacking proof of representative capacity and unspecified land particulars are nullities; lower decisions quashed.
* Land law — Representative capacity — instrument of appointment must be pleaded and attached; omission is fatal. * Land law — Pleadings — address/location and size of suit land required by Reg 3(2)(b); omission invalidates proceedings. * Civil procedure — Appellate power — High Court may invoke s.43(1)(b) to quash lower tribunal decisions for material irregularities. * Evidence/procedure — Lower tribunals must ensure parties have standing and that suit premises are properly described before adjudication.
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1 December 2022 |
| November 2022 |
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Labour Court set aside CMA condonation and award where delay was unexplained and witness evidence unsigned.
* Labour law – condonation — applicant must account for all days of delay; sickness alone insufficient unless shown to have caused the delay. * Arbitral/CMA proceedings – authenticity — arbitrator’s signature at end of each witness’s testimony is required; omission vitiates proceedings. * Revision jurisdiction — CMA rulings that finally determine rights are revisable by the Labour Court.
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29 November 2022 |
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Reference under s.77/Order XLI CPC was inappropriate; High Court quashed tribunal's dismissal and remitted the record.
Land procedure – Reference under s.77 and Order XLI CPC inapplicable where no referable question of law arises; interlocutory/procedural dismissals should be challenged by set-aside, appeal or revision. Affidavits must state facts, not arguments. High Court may exercise s.43 LDCA revisionary powers to quash erroneous tribunal orders and remit records for continuation of trial.
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28 November 2022 |
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Appeal dismissed: confirmed reimbursement order from criminal-origin judgment remains enforceable until properly reversed.
Civil procedure – enforcement of judgment originating from criminal proceedings; confirmed reimbursement order enforceable until reversed; execution remedies (attachment/committal) under Order XXI r.28 CPC; appellate procedure – grounds may be condensed and illegality must be challenged by appeal.
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25 November 2022 |
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Applicant's application for extension of time dismissed for failure to account each day; wrong‑citation objection was overruled.
Civil procedure – extension of time – requirement to account for each day of delay – preliminary objection on wrong citation overruled – court may determine merits after overruling preliminary objection; parties bound by pleadings.
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25 November 2022 |
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Appeal filed without the required drawn order is incompetent and must be struck out; delay by lower court is not an excuse.
* Civil Procedure – Appeal competency – Requirement under Order 39 Rule 1(1) to accompany every appeal with a copy of the drawn order (decree) and judgment/ruling appealed from.
* Procedure – Failure to attach drawn order – Delay by lower court does not excuse non-compliance; remedy is to remind the court or apply for enlargement of time.
* Costs – Discretion to refuse costs where appellant is a lay person.
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24 November 2022 |
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Acquittal where prosecution failed to prove identity and malice required for murder; accused had no case to answer.
* Criminal procedure – sufficiency of prosecution case under section 293(1) Criminal Procedure Act; * Murder – elements: unlawful/unnatural death; identity of killer; malice aforethought – requirement of cumulative proof; * Prosecution duty to call material witnesses and prove identity beyond reasonable doubt.
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24 November 2022 |
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Specific damages require strict proof; general damages are discretionary, while permanent disfigurement needs medical or direct evidence.
Motor vehicle accidents — proof of damages — specific (special) damages must be specifically pleaded and strictly proved; general damages are discretionary and need not be strictly proved; permanent disfigurement requires medical or direct evidence; inadequacy of receipts and absence of victim testimony may defeat claims for specific or permanent-disfigurement awards.
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24 November 2022 |
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Lack of specific land description and absence of appointment instruments defeat the applicant's claim and vitiate proceedings.
* Land law – requirement for specific description of disputed land (size and location) – Regulation 3(2)(b), GN. No. 174/2003.
* Locus standi – representative capacity – necessity to plead and attach instrument constituting appointment (letters of administration) – failure is fatal (Ramadhani Omary Mbuguni precedent).
* Civil procedure – court may raise material procedural defects suo moto and set aside proceedings tainted by such defects.
* Relief – quashing and setting aside of tribunal decisions where fundamental irregularities prevent grant of land rights.
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24 November 2022 |
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A tribunal member’s failure to hear evidence before deciding vitiated the Ward Tribunal proceedings; judgments set aside.
Civil procedure — Tribunal irregularity — Ward Tribunal member participated in decision without hearing all evidence — fatal irregularity — proceedings and judgments nullified; Remedy — retrial ordinarily ordered but refused where statutory amendment removes tribunal’s jurisdiction — parties may institute fresh proceedings; Precedent — assessor/member must participate fully before contributing to decision.
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24 November 2022 |
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Appellate court quashed the trial judgment and remitted the record to resolve an undetermined limitation and restoration issue.
Civil procedure – dismissal for want of prosecution; restoration application – time limits under Order VIII Rule 30(1) CPC; interpretation of section 19(1) Law of Limitation Act; appellate courts should not decide undetermined issues – remittal to trial court; no costs where court's omission caused defect.
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23 November 2022 |
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Court quashed lower tribunal decisions for defective record, lack of family representation proof, and failure to decide all appeal grounds.
Land law — procedural compliance — requirement to state address, size and location of disputed land (Reg.3(2)(b) GN.174/2003); family/ancestral land claims — need for letters of administration or proof of representation; appellate duty — requirement for appellate tribunal to consider all grounds of appeal — consequence of breach (quashing under s.43(1)(b) Land Disputes Courts Act).
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22 November 2022 |
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An unexplained nearly two-year delay and failure to account for each day justify refusal of enlargement of time to appeal.
Criminal procedure – extension of time to appeal under section 361(2) Criminal Procedure Act – requirement to show good cause and account for each day of delay – prisoners’ applications are afforded consideration but must be prompt – unexplained long delay defeats application.
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22 November 2022 |
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Appellate tribunal exceeded mandate by quashing a prior ward decision; matter was res judicata and earlier decision revived.
Land law — res judicata — appellate overreach; appellate tribunal quashing a decision not before it; requirement to hear parties before adverse action; nullity of proceedings lacking members’ concurrent decision and testimony; revival of earlier ward tribunal judgment.
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21 November 2022 |
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Acquittal where prosecution failed to prove beyond reasonable doubt that the arrested person was the same as the deceased.
Criminal law – Manslaughter – proof beyond reasonable doubt – identity of victim – necessity of linking the person arrested to the corpse – post‑mortem evidence relevant to cause but not to identity – material contradictions and investigative omissions may create reasonable doubt.
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21 November 2022 |
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An executing court’s objection finding is investigatory and not appealable; a dissatisfied party may file fresh proceedings and DLHT jurisdiction stands.
* Civil procedure – objection proceedings to attachment in execution – investigatory nature and not a substitute for full adjudication; outcome not res judicata. * Execution law – attachment of land does not per se convert a civil execution into a land dispute. * Jurisdiction – DLHT may hear a fresh land application filed after dismissal of objection proceedings by Primary Court.
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21 November 2022 |
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Second appeal allowed: false pretence proven; cash payment and representation established, criminal remedy appropriate.
Criminal law – obtaining by false pretence (s.302 Penal Code) – representation as pharmacist/wholesaler – credibility of oral eyewitness evidence (s.62 Evidence Act) – when a civil dispute is properly criminal; appellate interference on second appeal for misapprehension of evidence.
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18 November 2022 |
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A Primary Court-admitted contract is enforceable; applying the Evidence Act to expunge it was erroneous.
Evidence — Applicability of Evidence Act to Primary Courts — Section 2 excludes Primary Courts; admissibility of documentary evidence in Primary Courts determined by court’s rules (Rule 45 GN.310/1964); secondary (copy) documents admitted at Primary Court and unobjected to may be enforced; second appeal interference permitted where lower court misapplied point of law.
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15 November 2022 |
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Appellant succeeds: respondent failed to prove title amid material inconsistencies and trial Tribunal's unwarranted factual assumptions.
* Evidence – burden of proof – party must prove case on balance of probabilities – court should not introduce unpleaded facts.
* Pleadings – parties bound by their pleadings; variation at trial undermines credibility.
* Civil procedure – clerical/arithmetical mistakes require application for rectification under section 96, Cap 33.
* First appeal – High Court may reappraise evidence and draw inferences of fact.
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15 November 2022 |
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A district court's suo motu revision without hearing the parties violated fair hearing and rendered the proceedings nullity.
Magistrates' powers of revision; execution confirmation; suo motu revision; right to be heard; natural justice; jurisdictional issues raised suo motu render proceedings nullity.
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10 November 2022 |
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The court upheld conviction for rape of a six‑year‑old, finding prosecution proved all elements beyond reasonable doubt.
* Criminal law – Rape of child – elements: victim under ten, penetration, use of force, identity of accused. * Evidence Act s.127(2) – child of tender age may give unsworn evidence after promising to tell truth. * Proof of age – admissible birth certificate. * Corroboration – medical examination and immediate complaint to parent. * Alibi – must be properly raised, noticed and supported by witnesses.
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9 November 2022 |
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Revision premature where applicant failed to set aside DLHT ex parte ruling; must exhaust DLHT remedies before High Court revision.
Land disputes — Revision versus appeal — Supervisory jurisdiction of High Court under ss.41 and 43 Cap 216 — Procedural requirement to set aside ex parte DLHT rulings before seeking revision — Exhaustion of remedies.
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9 November 2022 |
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Court appointed the son and widow as co-administrators, ordered honest administration and an inventory within six months.
Probate — Grant of letters of administration; appointment of beneficiaries as co-administrators; duties and powers under section 71 of the Probate and Administration of Estates Act; duty to file inventory and account; unopposed applications and clan support as factors in appointment.
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9 November 2022 |