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Citation
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Judgment date
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| May 2023 |
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Applicant failed to account for days of delay; condonation denied and revision dismissed.
Labour law – extension of time (condonation) – need to account for every day of delay; late service of termination letter, internal remedies/negotiations, exit clearance and seeking legal aid are not sufficient grounds; illegality of termination is to be raised in main claim, not in condonation.
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31 May 2023 |
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Appeal allowed where procedural defects and evidential contradictions in trophy disposal and valuation undermined prosecution case.
Criminal law – possession of government trophies – requirement to prove location within statutory park boundaries; disposal of exhibits – procedural recording under section 210 CrPC and inventory reliability; burden of proof – contradictions and irregularities creating reasonable doubt.
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31 May 2023 |
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Land suit struck out because conflicting letters of administration and an uncomplied earlier order precluded determination.
Probate and administration — multiple conflicting letters of administration — non-compliance with earlier court directives — effect on competence of companion land suit; Civil procedure — overriding objective cures procedural defects; representative capacity — suits must name administrators in proper capacity.
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31 May 2023 |
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Applicant's confusion of hearing date constituted sufficient cause to restore a dismissal for want of prosecution; matter reinstated with no costs.
Civil procedure — Setting aside dismissal for want of prosecution under Order IX Rule 9 — Sufficiency of cause for non-appearance; confusion of hearing dates as human error; conduct prior to default relevant; restoration where no prejudice and interests of justice favour hearing on merits.
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30 May 2023 |
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Court upheld the applicant's conviction for sodomy based on credible victim, medical and identification evidence.
Criminal law – Unnatural offence (sodomy) – Proof of penetration – Medical evidence (PF3) and admissibility under s.240 CPA – Identification and recognition at night – Credibility of complainant – Proof beyond reasonable doubt.
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30 May 2023 |
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Child’s promise-to-tell-truth and medical PF3 sufficed to prove rape; appeal dismissed and conviction upheld.
Criminal law – rape – proof of penetration and victim under eighteen – admissibility of PF3 tendered by examining doctor – evidentiary value of child witness’s promised (unsworn) testimony – social welfare officer requirement applies to juvenile proceedings, not mere child witnesses.
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30 May 2023 |
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DPP consent/certificate misdirected to district court renders RM court proceedings void; retrial ordered.
Criminal procedure – Economic offences – Jurisdiction – DPP's certificate and consent under EOCCA (ss.12(3), 26(1)) – Trial by wrong subordinate court renders proceedings null and void – Remedy: retrial under most recent Court of Appeal authority – Circumstantial evidence considerations.
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29 May 2023 |
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29 May 2023 |
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Court recorded a consent settlement, marked the appeal withdrawn, and ordered each party to bear its own costs.
Civil procedure – consent judgment – appellate stage settlement – recording and giving effect to Deed of Settlement. Constitutional law – courts’ power to facilitate amicable dispute resolution – Article 107A of the Constitution. Land dispute – transfer of land by agreement and payment of consideration – settlement as final disposition.
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29 May 2023 |
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Acquittal upheld where contradictions, unexplained delay and absence of material witnesses left reasonable doubt.
Criminal law – Assault occasioning actual bodily harm – elements: assault and extent of injury – requirement to prove both beyond reasonable doubt. Evidence – credibility and contradictions – unexplained delay in medical treatment and inconsistency about who took victim to hospital. Evidence – duty to call material witnesses – failure to call key witnesses may be fatal to prosecution. Appeals – first appeal court’s duty to re-evaluate evidence and draw appropriate inferences.
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29 May 2023 |
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Appellant failed to prove ownership of seized cows; trial court's dismissal affirmed and appeal dismissed with costs.
Civil procedure – ownership dispute over seized livestock; burden of proof on balance of probabilities (Evidence Act s.110); estoppel by conduct (Evidence Act s.123); non‑joinder and necessity of parties; appellate re‑evaluation of evidence.
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25 May 2023 |
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Improper Ward Tribunal composition and failure to record parties nullified land proceedings; parties may file fresh suit.
Land disputes; Ward Tribunal composition requirements (s.11 Cap 216); requirement to record parties in judgment and decree (Order XX r.6 CPC); defective judgment and nullity; execution based on invalid decree; jurisdictional change removing Ward Tribunal land jurisdiction (Written Laws (Misc. Amendments) Act No.5/2021).
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25 May 2023 |
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A discretionary refusal to award costs accompanied by reasons is not a certifiable point of law to the Court of Appeal.
Land procedure – certification of point of law; Costs – discretionary nature; Civil Procedure Code s.30(1) & (2) – duty to state reasons when denying costs; Certification to Court of Appeal – not warranted where discretionary decision accompanied by reasons.
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25 May 2023 |
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Primary court’s failure to resolve registered caveats and to cite interested parties breached the right to be heard; appointment set aside.
Probate law – appointment of administrator – failure to resolve registered caveats and to cite interested parties – breach of right to be heard; unsworn materials – procedural irregularity vitiating appointment; remedy – quash and remit for rehearing.
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24 May 2023 |
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When probate is closed the respondent ceases to be administrator; proceedings against him in that capacity are void.
Probate law – Closure of probate upon filing Forms V and VI and court order – administrator becomes functus officio and ceases to have capacity to sue or be sued. Proceedings instituted against a former administrator after probate closure are null and void and susceptible to being quashed. Civil procedure – competence of suits – lack of capacity to sue renders subsequent proceedings a nullity. Court may raise probate-capacity issues suo motu.
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24 May 2023 |
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Primary court judgment signed by assessors is valid; appellate court wrongly nullified it and grandson lacks automatic heirship.
Probate law – finality of administration – filing of inventory and final account closes probate; closed estates cannot be reopened by subsequent objections to administration. Primary courts – assessors’ role – a primary court judgment signed by magistrate and assessors who agreed is valid; individual recorded assessor opinions are not required unless there is dissent. Appellate procedure – appellate court limited to grounds of appeal and must inform parties before deciding extraneous issues. Succession – administrator/grandson does not automatically acquire heirship from a grandfather unless the intermediary heir had inherited.
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23 May 2023 |
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The applicant failed to prove ownership; respondent’s long possession supported title and the appeal was dismissed with costs.
Land law – ownership disputes – burden of proof – claimant must establish ownership on balance of probabilities. Evidence – failure to tender material documentary evidence attracts adverse inference similar to failure to call important witnesses. Land allocation and long possession – village allocation and continuous possession may support title by priority/adverse possession. Admissibility/weight of documents – documents showing dispute with third parties do not establish title against another occupier.
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23 May 2023 |
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Electronic filing failure and registrar's conduct justified treating a re-filed labour revision as timely; preliminary objection overruled.
Labour law – Time limitation – Revision of CMA award – Electronic filing system failure – Effect of jurisdictional preliminary objection; Filing rules – Rule 56 and s.91 ELRA – registrar's conduct and re-filing; Jurisdictional limits of courts on time-barred matters.
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22 May 2023 |
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Failure to decide defamation elements and denial of hearing warranted quashing and remittal for fresh trial.
Civil procedure – Revisionary powers – Section 79(3) Civil Procedure Code – Setting aside proceedings and quashing judgment for jurisdictional illegality. Defamation – Essential elements must be determined (defamatory nature, reference to claimant, publication) before considering defences. Right to be heard – Constitutional guarantee (art.13(6)(a)) – denial renders proceedings nullity. Remittal – Section 76(1)(b) Civil Procedure Code – case to be reheard by another magistrate.
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22 May 2023 |
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Court held appeal timely since the 45-day period runs from receipt of certified copies, not when judgment was ready.
Criminal procedure — computation of appeal time — Section 379(1)(b) CPA — exclusion of time spent obtaining certified copies — counting begins on receipt of copies by appellant/DPP — preliminary objection on time-bar overruled.
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22 May 2023 |
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Conviction quashed where victim’s written statement was improperly admitted and remaining evidence failed to identify the accused beyond reasonable doubt.
Evidence — Criminal — Admissibility of statements under s.34B Evidence Act; requirement to prove unavailability; formalities (page numbering, signatures). Identification — need for positive identification/dock recognition to link accused to person named in statement. Statutory rape — prosecution must prove accused was person who had sexual intercourse with under‑age girl; victim’s statement is best evidence but must be admissible and corroborated. Hearsay and contradictions — inconsistency as to discovery of pregnancy undermines prosecution case.
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22 May 2023 |
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Conviction quashed where victim’s inconsistent, non‑identifying testimony and relatives’ hearsay failed to prove rape beyond reasonable doubt.
Criminal law – Sexual offences – Sufficiency and reliability of victim’s testimony – Identification of accused – Material inconsistencies and gaps – Hearsay evidence from relatives – Burden of proof beyond reasonable doubt – Appellate re-evaluation of witness credibility in a first appeal.
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19 May 2023 |
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Failure to annex the impugned Taxing Master decision to the affidavit renders a reference application incompetent.
Advocate Remuneration Order (Order 7) – reference to High Court – affidavit as evidence – necessity to annex impugned ruling or judgment – failure to attach renders reference incompetent – application struck out.
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18 May 2023 |
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Appellant’s procedural complaints were minor; prosecution proved unlawful possession of firearm and ammunition beyond reasonable doubt.
Criminal law – unlawful possession of firearm and ammunition – proof beyond reasonable doubt; chain of custody; certificate of seizure; search warrant and ballistic report as corroborative exhibits. Evidence – minor contradictions cured under section 388 Criminal Procedure Act. Evidence Act s.34B – admissibility of absent witness statement where witness cannot be found and accused given leave to protest. Procedural irregularities – assessment whether defects occasion failure of justice.
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18 May 2023 |
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Revision dismissed where dispute was filed beyond 60 days under Rule 10(2) and no condonation was sought.
Labour law – Limitation periods – Rule 10(2) GN.64/2007 – Non-termination disputes must be referred to CMA within 60 days; absence of condonation renders late referral incompetent; CMA's dismissal of time-barred complaint upheld on revision.
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18 May 2023 |
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18 May 2023 |
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17 May 2023 |
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A Ward Tribunal's defective locus in quo visit vitiated both trial and appellate proceedings, leading to their nullification.
Land procedure – Locus in quo visits – Requirement to have parties, witnesses and advocates present; record attendance and notes; reassemble and read notes in court – Failure to comply vitiates tribunal proceedings – Revisional powers under s.43(2) Land Disputes Courts Act.
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16 May 2023 |
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Failure to establish reliable night-time visual identification vitiated the prosecution case; conviction quashed and sentence set aside.
Criminal law – Identification evidence – Visual identification at night – Waziri Amani principles (time, distance, lighting, prior acquaintance) required to rule out mistaken identity. Criminal law – Burden and standard of proof – Prosecution must prove identity beyond reasonable doubt; failure to do so entitles accused to benefit of doubt. Appeals – Prosecution concession – appellate court may allow appeal where identification evidence is fatally weak.
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16 May 2023 |
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Old age, poverty and ignorance do not ordinarily constitute good cause for extension of time absent exceptional supporting evidence.
Enlargement of time — good cause required — considerations include length of delay, reasons, prejudice and diligence — financial difficulty, old age and ignorance of law not ordinarily good cause unless exceptional and substantiated — absence of record proof of notice of intention to appeal.
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16 May 2023 |
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Prosecution’s failure to describe special marks and to call material witnesses undermined proof beyond reasonable doubt.
Criminal law – Theft – Identification of stolen property – Necessity to describe special marks of alleged stolen items before tendering exhibits; failure is fatal to prosecution. Evidence – Burden of proof – Prosecution must prove guilt beyond reasonable doubt; inconsistencies and hearsay weaken the case. Criminal procedure – Witnesses – Failure to call material first-reporting witnesses may undermine prosecution and justify adverse inference.
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16 May 2023 |
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Proceedings instituted in representative capacity without pleaded and attached letters of administration are incompetent and liable to be quashed.
Land law — representative capacity — letters of administration must be pleaded and attached — failure is fatal to standing — proceedings incompetent — High Court may suo motu invoke s.43(1)(b) LDCA to quash and set aside — liberty to refile.
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15 May 2023 |
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Appeal allowed: broken chain of custody of cattle evidence undermined prosecution, conviction quashed.
Criminal law – Possession of suspected stolen property; evidential burden of proof beyond reasonable doubt; chain of custody and chronological documentation for physical exhibits (Paulo Maduka principle); identification and description of livestock; appellate re-evaluation of trial evidence.
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15 May 2023 |
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12 May 2023 |
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11 May 2023 |
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11 May 2023 |
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Appeal dismissed; court awarded custody to father as child's welfare favored his stable urban care over mother's unstable residence.
Family law — Custody of minor — Best interests of the child paramount — Presumption favoring mother for children under seven is rebuttable — Social welfare report admissible and useful — Concurrent factual findings on appeal not disturbed absent misdirection.
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11 May 2023 |
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11 May 2023 |
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11 May 2023 |
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11 May 2023 |
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Unauthorised absence in informal casual employment may constitute resignation and forecloses entitlement to terminal benefits.
Labour law – casual/informal employment – unauthorised absence/abscondment as resignation – entitlement to terminal benefits – standards for lawful termination and disciplinary procedure; review of CMA award for illegality or irregularity.
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10 May 2023 |
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9 May 2023 |
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9 May 2023 |
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9 May 2023 |
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Failure to frame and record issues is a fatal irregularity; proceedings quashed and remitted for retrial.
Civil procedure – framing and recording of issues – Order XIV Rule 1(1) CPC – mandatory requirement; failure to frame issues is fatal and renders proceedings and judgment a nullity – remedy: set aside proceedings, quash judgment and remit for retrial.
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8 May 2023 |
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Changing ward tribunal coram vitiates jurisdiction; proceedings quashed and parties directed to refile under current law.
Procedure – Ward Tribunal coram – irregular change of membership during hearing vitiates proceedings and deprives tribunal of jurisdiction. Land Disputes – Effect of defective ward tribunal proceedings on DLHT judgments – quashing under s.43(1)(a)&(b) LDCA. Remedies – ordinarily rehearing de novo but refused here due to 2021 amendments curtailing ward tribunal land jurisdiction; parties to refile under current law.
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8 May 2023 |
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Appellant’s convictions for park entry, weapons and trophy possession quashed for defective charge and insufficient proof.
National Parks Act s.21 – does s.21 create offence; burden of proof – prosecution must establish location within park by coordinates/evidence; unlawful possession of weapons – requires proof of being within park; identification of government trophies – expert evidence must establish species-specific features; inventory/disposition procedures and evidential sufficiency when mandatory minimum sentences apply.
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5 May 2023 |
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Confession leading to discovery and corroborating exhibits established unlawful possession of government trophies; appeal dismissed.
Wildlife law – unlawful possession of government trophies – possession of elephant tusks and dried game meat. Evidence – confession leading to discovery – admissibility and corroborative value under section 31 of the Evidence Act. Criminal proof – burden of proof beyond reasonable doubt; weight of witness testimony corroborated by physical exhibits. Procedure – failure to cross-examine on material matters may constitute acceptance of testimony.
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5 May 2023 |
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Procedural failure to involve assessors and to describe disputed land vitiated tribunal proceedings; retrial ordered.
Land law – requirement to state size, demarcation and boundaries of disputed land (Regulation 3(2)(b)); District Land and Housing Tribunal composition and assessors’ participation (s.23(1)-(2) Cap 216); assessors’ written opinion and delivery in presence of parties (Reg.19(2)); procedural irregularities vitiating proceedings; exercise of revisional powers (s.43(2)).
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5 May 2023 |
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Appeal allowed: prosecutions failed to prove location within park and trophy identification, convictions quashed.
Criminal law – burden of proof – prosecution must prove beyond reasonable doubt that alleged acts occurred within statutory park coordinates before convicting for offences in a national park. Statutory interpretation – National Parks Act s.21 does not create an offence of mere presence within a park. Evidence – identification of wildlife trophies requires clear, specific expert proof to distinguish species before convicting for unlawful possession of government trophies.
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5 May 2023 |