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Citation
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Judgment date
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| July 2014 |
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Applicant’s delay unjustified; copies not required for appeals under s.38, so application for extension dismissed with costs.
Leave to appeal out of time – Law of Limitation Act s.14(1) – Delay in obtaining copy of judgment – Land Disputes Courts Act s.38(1) and s.38(3) – Duty of District Land and Housing Tribunal to forward records – Delay held inexcusable.
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17 July 2014 |
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Delay in obtaining a copy of judgment does not justify extension where statute requires district tribunal to transmit records and no sufficient cause shown.
Land Disputes Courts Act s.38(1), (3) – appeals to High Court – 60-day limit; Law of Limitation Act s.14(1) – sufficient cause for extension; delay in obtaining copy of judgment not a valid ground where tribunal transmits record.
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17 July 2014 |
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Appeal allowed: cautioned statement expunged, night identification unreliable, convictions quashed.
Criminal law – admissibility of cautioned statement – s.27(2) Evidence Act – mandatory inquiry into recording and voluntariness; Visual identification – night identification requires proof of light source/intensity, observation duration, distance and distinguishing features; Burden of proof – prosecution must prove guilt beyond reasonable doubt; Misconduct by trial court – impermissible shift of burden to accused; Charge variance – importance of aligning charge with evidence.
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9 July 2014 |
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Completed transfer with valid matrimonial consent and Commissioner approval rendered earlier unapproved sale inoperative; appeal allowed.
* Land law – disposition of registered land – requirement of Commissioner for Lands' approval under section 37(5) – effect of non‑approval (inoperative disposition).
* Family law – matrimonial consent to disposition – validity of consent (name, date, signature) under Law of Marriage Act.
* Evidence – admissibility of hearsay regarding third party possession; burden to prove fraud; requirement to call key witnesses.
* Land registration – caveat misuse and timing; removal of caveat where transfer validly completed.
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4 July 2014 |
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Matrimonial consent and Commissioner approval are required; appellant’s transfer upheld, earlier sale found inoperative.
Land law – validity of disposition – requirement of Commissioner for Lands’ approval (s.37(5) Land Act); Matrimonial consent – necessity and evidentiary sufficiency (Law of Marriage Act s.59(1)); Evidence – original documents and probative weight; inadmissibility of hearsay; burden to prove allegations of fraud.
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4 July 2014 |
| May 2014 |
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Extension of time to file appeal refused for unexplained and excessive delay; layman status not an excuse.
* Civil procedure – Extension of time – Application under section 38(1) Land Disputes Courts Act – applicant must advance sufficient reasons and account for length of delay. * Procedural law – Being a layman does not justify relaxation of procedural rules. * Court will not assume reasons for delay; unexplained delay and excessive length justify refusal of extension.
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20 May 2014 |
| April 2014 |
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Appeal dismissed: certified sale agreement established respondent's ownership; tribunal properly gave reasons for departing from assessors' opinions.
Land disputes – proof of ownership – certified sale agreement as primary evidence; absence of completed transfer/documentation weakens competing claim. Evidence – weight and authenticity – certified true copy versus uncertified photocopies; contemporaneity of documents. Assessors – requirement to hear assessors’ opinions (Rule 19(1),(2)) and validity of reasoned departure by tribunal chair. Procedural law – compliance with Evidence Act and Land Disputes Courts Regulations.
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22 April 2014 |
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Extension of time denied for lack of sufficient cause; stay of execution premature without a pending appeal.
* Civil procedure – extension of time – section 14(1) Law of Limitation Act – applicant must show sufficient/reasonable cause.
* Stay of execution – Order XXXIX r.5(1) and section 95 CPC – stay premature absent intended or pending appeal.
* Negligence or delay by counsel is generally not sufficient reason to extend time.
* Jurisdictional objections can be raised at any stage but must be substantiated to justify extension of time.
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3 April 2014 |
| March 2014 |
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Court allowed extension to file matrimonial appeal despite premature filing, applying s80(2) and Limitation Act principles.
* Matrimonial appeals – Time limit to appeal to High Court – section 80(1) and (2) Law of Marriage Act (45 days).
* Computation of limitation period – exclusion for time taken to obtain judgment – section 19(2) Law of Limitation Act.
* Extension of time – discretionary grant – considerations: length and cause of delay, prospects of success, prejudice to respondent.
* Premature application for extension – may be entertained in interests of justice where merits justify exercise of discretion.
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25 March 2014 |
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A conviction based on an ambiguous or equivocal guilty plea is unsafe and may be quashed.
Criminal law – Plea of guilty – Requirement that accused understands the nature and ingredients of the charge – Ambiguous or qualified plea renders conviction unsafe – Trial court must explain each ingredient before recording plea.
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19 March 2014 |
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Conviction quashed where cautioned statement was irregularly recorded and prosecution failed to prove possession and intent beyond reasonable doubt.
Criminal law – conviction in absentia – non‑compliance with s.226(2) Criminal Procedure Act; cautioned statement – statutory recording time s.50(1)(a) – expunged; proof of possession and intent – need to prove ownership of alleged instruments; adverse inference for failure to call material prosecution witness; suspicion and presence at scene insufficient to convict.
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10 March 2014 |
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Corporate buyer was not joined or heard; sale not shown to be set aside; appeal allowed and tribunal decision quashed.
* Civil procedure – auction sale – effect of Resident Magistrate Court ruling – stoppage order versus setting aside sale; misjoinder of parties and necessity to join bona fide purchasers; jurisdictional limits of Resident Magistrate Court executing tribunal decisions.
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4 March 2014 |
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Appellant purchaser was not joined or heard; misjoinder and procedural error led court to quash lower tribunal’s decision.
Bona fide purchaser – necessary party – misjoinder; court orders to stop sale vs. setting aside ex parte judgment; jurisdiction in execution matters under Rent Restriction Regulations; procedural fairness and right to be heard.
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4 March 2014 |
| February 2014 |
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Subordinate court lacked jurisdiction without DPP consent/certificate; conviction for possession of government trophy quashed.
Wildlife offences; jurisdictional requirement of DPP consent and certificate of transfer under Economic and Organised Crime Control Act; defective charge sheet; necessity of certificate of valuation for value element; nullity of proceedings; retrial considerations when exhibits disposed.
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26 February 2014 |
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An application for leave to appeal filed after the 14‑day Rule 45(a) period is incompetent and can be struck out with costs.
Appellate procedure — Leave to appeal under s.5(1)(c) AJA and Court of Appeal Rules 45(a), 49(1) — Fourteen day filing requirement — Procedural compliance and timeliness — Incompetence of late applications — Need for evidence to justify delay.
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25 February 2014 |
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Appellant's conviction for forgery and theft quashed for lack of proof beyond reasonable doubt.
Criminal law – Forgery and stealing – Evidence – Discrepancies in books of account insufficient alone to convict – Burden of proof beyond reasonable doubt – Handwriting expert opinion as supportive, not conclusive – Absence of key exhibits and un-tendered caution statements weakens prosecution case.
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19 February 2014 |
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A conviction based on an equivocal or unrecorded guilty plea is unsafe and will be quashed.
* Criminal procedure – plea of guilty – plea made during s.192 CPA preliminary hearing must be unequivocal, informed and recorded before conviction. * Evidence – admission of some facts or failure to object to exhibits is not the same as a formal guilty plea. * Arms and Ammunition – unlawful possession charge; procedural safeguards required before convicting on admissions. * Sentencing – where option of fine exists and accused shows early remorse, court should consider non‑custodial penalty.
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19 February 2014 |
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Extension granted where tribunal’s delay in supplying certified judgment, decree and proceedings excused applicant’s late appeal.
* Civil procedure – Extension of time – sufficient cause where tribunal delays supplying certified judgment, decree and proceedings. * Land Disputes Courts Act s.51(1) and Order XXXIX r.1(1) CPC govern appeals from District Land and Housing Tribunal in original jurisdiction; s.38 LDCA (ss.38(1),(2)) not applicable. * Court of Appeal procedural rules/cases on notice of intention to appeal not applicable to High Court. * Capacity of deponent – validity of counter‑affidavit where deponent may no longer be an office bearer.
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18 February 2014 |
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A missing co-appellants' signatures on a land appeal petition is a curable defect; court ordered signatures within 21 days.
Civil procedure – signatures on pleadings – Order VI Rules 14 & 15 CPC – requirement that pleadings be signed by parties or duly authorized signatories; Land appeals – governed by Land Disputes Courts Act and regulations – signatures/authority expected; Procedural defects – curable vs. fatal; Courts should avoid technicalities that defeat justice.
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18 February 2014 |
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12 February 2014 |
| January 2014 |
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Tribunal need not re-inspect locus or re-hear witnesses on appeal; allocation documents and corroboration proved ownership.
* Land law – proof of allocation and ownership – documentary evidence and corroborating witness testimony.* Appeals – scope of appellate fact-finding – role of District Tribunal on locus in quo and calling witnesses on appeal.* Civil procedure – applicability of Civil Procedure Code vis-à-vis Land Disputes Courts Regulations.* Improvements – claims raised first time on appeal cannot be adjudicated without proper basis at trial.
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30 January 2014 |