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Citation
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Judgment date
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| November 2025 |
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An application lacking sufficient description of the land is incompetent and renders tribunal proceedings, judgment and decree a nullity.
Land law; civil procedure — Order VII Rule 3 CPC — requirement for sufficient description of immovable property in plaints; applicability to District Land and Housing Tribunal via s.55(2) LDCA; incompetent plaint renders proceedings, judgment and decree nullity; discretion as to costs where applicant unrepresented.
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11 November 2025 |
| October 2025 |
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A prima facie ruling that states the accused is guilty shows bias; proceedings were nullified and a retrial ordered.
* Criminal procedure — Ruling on a case to answer — Prima facie stage — Improper expression of guilt; * Fair trial — Presumption of innocence — Bias by trial magistrate where ruling indicates predetermined guilt; * Remedy — Nullification of proceedings from prima facie ruling, quash conviction and sentence, retrial before another magistrate.
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24 October 2025 |
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A representative suit is incompetent without clear, express mandate from those the applicants seek to represent.
* Civil procedure – Representative suits (Order 1 Rule 8) – requirement of express mandate/consent by those to be represented. * Preliminary objections – res judicata and res sub judice – elements under sections 9 and 8 CPC. * Joinder – necessity to join Registered Trustees and Registrar of Societies where annexures show their involvement. * Locus standi and capacity – natural persons may sue; registration issues may require evidence and are not always determinative at preliminary stage. * Court may raise competence issues suo motu.
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24 October 2025 |
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A trial court’s failure to state findings per count and imposing an omnibus sentence renders the judgment incompetent.
* Criminal procedure – Contents of a judgment – Section 331 – Requirement to state points for determination, decision and reasons; specify offence, statutory section and punishment per count.
* Sentencing – Omnibus sentence unlawful – separate sentence required for each conviction; must state concurrency or consecutiveness.
* Remedy – Where a judgment fails to specify findings per count and imposes an omnibus sentence, the judgment is nullified and the record remitted for a proper judgment.
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22 October 2025 |
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Proceeding in absentia of counsel without enquiry and non-compliance with s.231(1)/s.248(1) CPA violated the right to a fair trial.
* Criminal procedure – Right to fair trial – Right to legal representation – Trial court must enquire if accused wishes to engage counsel or proceed unrepresented when counsel is absent; failure violates right to be heard.
* Mandatory compliance with section 231(1) CPA (now s.248(1)) at close of prosecution’s case – explanation of charge and informing accused of rights – non-compliance is fatal.
* Remedy – nullification of proceedings from point of irregularity, quashing of judgment, setting aside conviction and remittal for further hearing.
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22 October 2025 |
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Non‑compliance with the duty to explain the charge and inform defence rights is a fatal irregularity, requiring quash and remittal.
* Criminal procedure — duty to assess prima facie case (s.230/247) and to explain charge and inform accused of defence rights (s.231(1)/248(1)) — mandatory compliance required. * Ruling must identify material evidence implicating the accused to enable a focused defence; mere statements that "accused has a case to answer" are insufficient. * Non‑compliance is fatal — proceedings after the inadequate ruling are null and void; conviction and sentence quashed; matter remitted for continuation after compliance.
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17 October 2025 |
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Non‑compliance with mandatory post‑prosecution duties (s.231(1)/s.248(1)) renders subsequent proceedings and conviction null and void.
Criminal procedure — duty after close of prosecution — ruling on case to answer must state material evidence — mandatory compliance with s.231(1) (now s.248(1)) — non‑compliance is fatal; proceedings, conviction and sentence vitiated and remitted for continuation.
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17 October 2025 |
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Failure to read and improper tendering of exhibits led to expungement and the acquittal for forgery being upheld.
* Criminal law – Forgery – Elements: forged document, identity of forger, intention to defraud – proof beyond reasonable doubt.
* Evidence – Documentary exhibits must be read in court; failure is a fatal irregularity.
* Evidence – Prosecuting state attorney is incompetent to tender exhibits; exhibits tendered by prosecutor may be expunged.
* Expert evidence – Handwriting comparison must be properly admitted and supported by competent procedure and admissible exhibits.
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17 October 2025 |
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Non-compliance with mandatory s.231(1) after a finding of a case to answer is fatal, vitiating subsequent proceedings and requiring remittal.
* Criminal procedure – mandatory compliance with s.231(1) (now s.248(1)) after a finding of a case to answer – necessity to explain charge, inform accused of rights to give evidence and call witnesses and record response; non-compliance is fatal. * Remedy – proceedings after case-to-answer ruling nullified; judgment, conviction, sentence and compensation set aside; record remitted for continuation after compliance.
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17 October 2025 |
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Failure to comply with section 231(1) (now 248(1)) is a fatal irregularity warranting quashment and remittal of the case.
* Criminal procedure – Close of prosecution’s case – duty to rule on case to answer and to explain charge and rights under s.231(1) (now s.248(1)) – mandatory compliance required.
* Non‑compliance with s.231(1)/s.248(1) – fatal irregularity – proceedings following defective ruling null and void; judgment, conviction, sentence and compensation liable to be quashed and matter remitted.
* Remedy – quash and remit to trial court to proceed after due explanation of rights and recording of accused's election.
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17 October 2025 |
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Mandatory procedural omissions (reading application, administering oaths, allowing objections) vitiated DLHT proceedings, meriting retrial.
* Land Disputes Courts Regulations – Rule 12 – duty to read and explain application to respondent – mandatory procedural requirement.
* Evidence – Administration of oath/affirmation – omission vitiates proceedings – competent witnesses.
* Civil procedure – Admission of documents – right to object – fair hearing requirement.
* Remedy – Nullification of affected proceedings – quashing of judgment and decree – retrial before different chairman and assessors.
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17 October 2025 |
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A divorce petition without a valid Marriage Conciliation Board certificate is incompetent, rendering ensuing proceedings a nullity.
* Law of Marriage Act, s.101 – mandatory requirement of a valid Marriage Conciliation Board certificate (Form 3) before instituting a divorce petition.
* Jurisdiction – existence of conciliatory certificate as a jurisdictional prerequisite; petition without valid certificate is incompetent and a nullity.
* Marriage Conciliation (Procedure) Regulations, G.N. 240/1971 – quorum, form and issuance of certificate; competency of persons chairing the board.
* Matrimonial property – assessment of matrimonial interest and contribution (not finally determined due to jurisdictional defect).
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10 October 2025 |
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A defective charge and an unestablished chain of custody rendered the drug conviction unsafe.
* Criminal procedure – Charge drafting – A properly and professionally drafted charge is fundamental to a lawful trial; trial courts must vet and require amendment where necessary.
* Evidence – Chain of custody – Documentary or credible oral trail required for physical exhibits susceptible to tampering; absence renders exhibit unreliable.
* Proof beyond reasonable doubt – Defective charge and broken chain of custody make a conviction unsafe.
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10 October 2025 |
| September 2025 |
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An unrepresented accused is entitled to an analytical ruling after prosecution closes to enable a focused defence; cursory rulings warrant nullification.
Criminal procedure — Close of prosecution — Duty to compose a ruling on a prima facie case identifying material evidence — Unrepresented accused entitled to a clear, analytical ruling to enable a focused defence — Inadequate ruling requires nullification, quashing of conviction and remittal.
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30 September 2025 |
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Oral raise of a new point of law without reasonable notice denied the right to be heard; appellate proceedings nullified.
Civil procedure – appellate practice – preliminary point of law raised orally without notice – right to be heard and protection against surprise; abandonment of grounds of appeal requires a recorded order; proceedings and judgment rendered where a party was denied hearing are a nullity.
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30 September 2025 |
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Reference struck out for failing to serve respondent within the mandatory seven‑day period under Order 7(3) ARO.
* Civil procedure – Advocates' Remuneration Order (ARO) – Order 7(3): mandatory service within seven clear days of filing a reference.
* Interpretation of Laws – mandatory "shall" construed under section 53(2) – non‑compliance is fatal.
* Overriding objective cannot cure breach of mandatory procedural rules.
* Preliminary objections – pure point of law disposing of the application.
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30 September 2025 |
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Contradictions in the victim's testimony and inconsistent medical/reporting evidence defeated the prosecution's case; appeal dismissed.
* Criminal law – Rape – Credibility of victim – Contradictions on mode (standing vs lying), place (office vs classroom) and date may be material and go to root of case. * Evidence – Medical/forensic evidence must be consistent with reporting timeline; inconsistencies undermine probative value. * Criminal procedure – Failure to call material witnesses may justify adverse inference and weaken prosecution case. * Standard of proof – Where primary witness is discredited, prosecution may fail to establish identity and penetration beyond reasonable doubt.
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29 September 2025 |
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Court allowed withdrawal of a defective plaint with leave to refile, commending counsel’s cooperative professional conduct.
Civil procedure — Pleadings — Deficiency of plaint — Order VII Rule 1 CPC — Withdrawal of suit with leave to refile — Parties' agreement and counsel’s professional conduct — No order as to costs.
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25 September 2025 |
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Sickness supported by medical evidence justified an extension of time to lodge and file the appeal.
Criminal procedure — Extension of time to appeal — Sickness supported by medical reports and observed physical weakness constitutes sufficient cause — Court granted ten days for notice and forty-five days for petition.
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23 September 2025 |
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Summary judgment granted for unpaid statutory NSSF contributions and penalties due to employer’s default.
Summary procedure (Order XXXV) — summary judgment for liquidated statutory claim — NSSF contributions and penalties; service by publication where ordinary service fails; defendant’s default and requirement of leave to defend; evidential proof of liquidated claim; interest and costs awarded.
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12 September 2025 |
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Summary judgment granted against the respondent for unpaid statutory pension contributions, penalties, interest and costs.
* Civil procedure – Summary judgment (Order XXXV Rule 2(2)) – undefended suit; allegations deemed admitted. * Social security law – employer’s statutory duty to remit members’ contributions – liability for unremitted contributions and accumulated penalties. * Evidence – plaint annexures (registration, inspection and demand documents) sufficient to establish a liquidated claim.
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12 September 2025 |
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A plaint must plead specific facts constituting a cause of action against each defendant, or risk being rejected.
Civil procedure – Pleadings – Cause of action – Requirement for specific pleadings establishing breach of legal right – Order VII Rule 1(e) and Rule 11 of the Civil Procedure Code – Fraud allegations – Sufficiency of pleadings.
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12 September 2025 |
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Court granted Mareva injunction restraining respondents from selling applicant's assets pending suit after statutory 90‑day notice.
* Mareva injunction – availability where statutory notice prevents institution of suit – jurisdiction under section 2(3) JALA. * Requirements for Mareva injunction – arguable/strong prima facie case; justifiability in all circumstances. * Evidentiary requirement – demand note must show particulars; absence of judgment/decree or execution papers undermines respondent's claim. * Irreparable loss and balance of convenience considered in grant of interim freezing orders.
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12 September 2025 |
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Summary judgment granted for unpaid statutory pension contributions and penalties where defendant failed to obtain leave to defend.
* Civil procedure – Summary procedure (Order XXXV CPC) – defendant must obtain leave to appear and defend – failure to seek leave permits entry of summary judgment.
* Evidence – Liquidated claim – sufficiency of registration, inspection reports, schedules and demand letters to prove statutory unpaid contributions and penalties.
* Execution – award of principal sum, court-rate post-judgment interest and costs.
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12 September 2025 |
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Unexplained long detention, inconsistent identification and omission of material witnesses/exhibits vitiated the rape conviction.
Criminal law – Rape: proof of penetration and identity; Evidence: admission of PF3 and oral chain of custody; Criminal Procedure – unexplained delay in arraignment and prejudice; Evidence Act – failure to call material witnesses and adverse inference; Scientific evidence (DNA) not mandatory but material if samples collected and report exists.
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11 September 2025 |
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Court recorded and made a consent settlement under Order XXIII Rule 3 executable, enforcing an agreed payment schedule.
* Civil procedure – Consent judgment – Recording and making a Deed of Settlement part of the court’s judgment under Order XXIII Rule 3 of the Civil Procedure Code.
* Enforcement – Consent settlement made executable and enforceable as a court decree.
* Contract/Settlement – Agreed payment schedule, interim monthly payments and budgetary disbursement through Ministry of Finance.
* Finality – Settlement extinguishes further claims between the parties; costs to be borne by each party.
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8 September 2025 |
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Court restored an appeal dismissed for want of prosecution due to a technical virtual-link failure; no costs.
* Civil procedure – Restoration of appeal – Appeal dismissed for want of prosecution due to loss of virtual communication – Dismissal deemed technical, not abandonment – Restoration granted to enable hearing on merits; no costs.
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8 September 2025 |
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Court granted a temporary injunction restraining the respondent from disposing disputed land pending the main suit.
* Interim relief – temporary injunction – restraint on disposal or possession of disputed land pending main suit; * Service and default – effect of respondent’s proper service and non-appearance on interlocutory relief; * Procedure – ex parte versus inter partes handling of urgent applications; * Costs – order that each party bears own costs.
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1 September 2025 |
| August 2025 |
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The court set aside a conviction for armed robbery due to unreliable identification evidence and procedural irregularities at trial.
Criminal law – armed robbery – proof beyond reasonable doubt – visual identification – contradiction in prosecution evidence – proper procedure for admission of exhibits – expunction of irregularly admitted exhibit – standard of proof in criminal cases – sufficiency of identification evidence.
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29 August 2025 |
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Application to lift the corporate veil and arrest directors for company debt dismissed due to insufficient evidence of fraud or obstruction.
Company law – lifting the corporate veil – criteria for holding directors/shareholders liable for company debts – civil procedure – execution of judgment – arrest and detention of directors/shareholders as civil prisoners – sufficiency of evidence required to justify lifting the veil and detention.
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29 August 2025 |
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Failure to prove rape beyond reasonable doubt due to credibility issues and absence of corroborative witnesses led to acquittal.
Criminal law – Rape – Proof beyond reasonable doubt – Credibility of victim’s testimony – Failure to call material witnesses – Adverse inference – Standard of proof in sexual offence cases.
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29 August 2025 |
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The court struck out the application for want of a proper supporting affidavit, upholding the need for affidavits to contain only facts.
Civil procedure – Affidavits – Contents of affidavits – Affidavit must be confined to facts within deponent’s knowledge – Defective affidavit renders application incompetent – Preliminary objection upheld where affidavit contains legal arguments, conclusions or prayers.
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28 August 2025 |
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Failure to serve respondents amounted to failure to prosecute; appeal dismissed and records returned to trial tribunal.
* Civil procedure – Appeal – Service of appeal documents – Failure to serve respondents equates to failure to prosecute and may warrant dismissal.
* Civil procedure – Revision and supervisory jurisdiction – Cannot be invoked in respect of an unserved or allegedly deceased respondent without proof of death or substitution and opportunity to be heard.
* Civil procedure – Mode of service – Where respondents are allegedly untraceable, party must apply for alternative service before proceeding.
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28 August 2025 |
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Conviction for armed robbery quashed due to inadequate identification and improper admission of key evidence by the prosecution.
Criminal law – armed robbery – standard of proof – identification evidence – admissibility and identification of exhibits – cautioned statements – prosecution's burden of proof.
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27 August 2025 |
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An employer must both prove valid grounds and follow fair procedures in termination; compensation cannot replace reinstatement unless properly justified.
Labour law – Unfair termination – Substantive and procedural fairness – Burden of proof on employer – Reliefs available – Reinstatement vs compensation – Adherence to pleadings in awarding remedies – Procedural irregularities in disciplinary process.
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27 August 2025 |
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A criminal conviction alone does not establish the applicant's civil claim where evidential inconsistencies and credibility issues exist.
Civil proof — reliance on criminal conviction; inconsistency between criminal judgment and civil claim (dates); balance of probabilities; credibility and motive (land dispute); proper consideration of pleaded facts.
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25 August 2025 |
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A preliminary objection on limitation was overruled, allowing exclusion of time spent on a previous, withdrawn case.
Limitation of actions – Land Acquisition – Time-bar – Exclusion of time spent prosecuting previous proceedings – Preliminary objections – Multiple causes of action – Effect of adding parties in refiled suit.
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22 August 2025 |
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A taxing master's award of fees under the scale for liquidated claims was set aside as the underlying suit was non-monetary.
Taxation of costs—Instruction fees—Whether the claim is for a liquidated sum—Application of 9th and 11th Schedules of the ARO—Discretion of taxing master—Principles for award of costs in non-monetary claims—Reduction of excessive instruction and attendance fees.
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18 August 2025 |
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Employer found liable for unremitted statutory NSSF contributions, judgment entered with interest and costs under summary procedure.
National Social Security Fund – unremitted statutory contributions – summary judgment – employer's failure to defend – proof of statutory liability – interest and costs awarded.
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15 August 2025 |
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Extension granted where technical delay was excused and brief administrative delay justified for filing a fresh notice of appeal.
Extension of time; Appellate Jurisdiction Act s.11(1); technical delay doctrine (Fortunatus Masha); Lyamuya criteria for extension; illegality as good cause; e‑filing administrative delay.
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15 August 2025 |
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A challenge to civil costs taxation for lack of EFD receipts fails as courts affirm judicial discretion in assessing advocate fees.
Taxation of costs – Requirement for EFD receipts – Judicial discretion of taxing master – Advocates' Remuneration Order – Costs in civil proceedings – Review of taxation decisions
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14 August 2025 |
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A taxing master’s discretionary assessment of the respondent’s costs will not be upset absent clear improvidence.
* Taxation of costs – discretionary exercise – courts reluctant to interfere absent injudicious exercise of discretion.
* Advocates' Remuneration Order (GN No. 263/2015) – Eleventh Schedule – instruction fees (m)(ii) applicable to taxation.
* EFD/VAT receipts – absence not fatal to taxation; receipts not binding if amount deemed excessive.
* Attendance costs and small disbursements – properly taxable where supported by record and pleadings.
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14 August 2025 |
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A High Court remitted a land dispute for rehearing after finding the appellate tribunal’s judgment fatally defective for failing to address appeal grounds.
Land law – appellate procedure – competence of appellate judgment – necessity for appellate tribunal to consider and make findings on each ground of appeal – fatal irregularity where grounds are not addressed – revisional powers of High Court.
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13 August 2025 |
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An applicant received an extension of time to appeal due to a technical delay from mistakenly filing in the wrong court.
Time extension – Appeal – Technical delay – Misfiling in wrong forum – Whether sufficient cause established for extension of time to appeal – Discretion of court exercised judiciously.
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12 August 2025 |
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An excusable technical delay in filing an appeal warranted extension of time where the applicant filed in the wrong registry.
Land law – application for extension of time – technical delay arising from filing in wrong registry – sufficient cause shown – proper forum for lodging appeal from District Land and Housing Tribunal – extension of time granted.
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12 August 2025 |
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A statutory employer’s failure to remit social security contributions was resolved by enforceable court-approved settlement.
Social security law – statutory duties – failure of employer to remit social security contributions – settlement by consent – enforcement of settlement as judgment.
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11 August 2025 |
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Denial of the right to cross-examine and procedural irregularities rendered the original conviction unsafe, requiring a retrial.
Criminal procedure – Fair trial – Right to cross-examination – Recording of proceedings – Prima facie case ruling – Retrial ordered due to procedural irregularities.
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4 August 2025 |
| July 2025 |
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Extension of time granted where late filing resulted from non‑supply of mandatory drawn order.
Land law – Extension of time to appeal – Requirement of drawn order as mandatory document for appeal – Lyamuya principles on extension of time – Delay caused by non‑supply of drawn order may constitute sufficient cause.
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31 July 2025 |
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A labour revision application was dismissed as time-barred due to failure to state the date of discovery of the arbitral award in the affidavit.
Labour law – Revision of arbitral award – Time limitation – Requirement to state material facts in affidavit – Submissions not evidence – Affidavit deficiencies fatal to application – Application dismissed as time-barred.
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31 July 2025 |
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An appeal dismissed for want of prosecution was restored where absence was justified by the advocate's unavoidable engagement.
Criminal procedure – application for restoration of dismissed appeal – sufficient cause for non-appearance – restoration granted where absence due to advocate's engagement elsewhere and not opposed by respondent.
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31 July 2025 |