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Citation
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Judgment date
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| December 2023 |
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22 December 2023 |
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18 December 2023 |
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13 December 2023 |
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12 December 2023 |
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12 December 2023 |
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Annexures are not evidence; appellant failed to prove ownership, withdrawal, or delivery of the alleged entrusted funds.
Civil procedure – annexures to pleadings are not evidence; documents must be tendered and admitted as exhibits before reliance. Evidence – burden of proof in civil cases (s.110, s.112 Evidence Act) requires proof of ownership, deposit, withdrawal and delivery of funds. Trusts – establishing a trust requires proof of ownership and transfer; mere assertion without documentary support is insufficient. Credibility – assessment of witnesses must be based on evidence, not mere matrimonial relations.
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11 December 2023 |
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6 December 2023 |
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6 December 2023 |
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1 December 2023 |
| November 2023 |
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30 November 2023 |
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29 November 2023 |
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Application to restore withdrawn appeal dismissed for failure to show sufficient reasons under section 371(3) CPA.
Criminal procedure — restoration of withdrawn appeal under s.371(3) CPA; discretion and "sufficient reasons"; presumption that advocate acts on client's instructions; appellant's presence and silence; delay in seeking restoration.
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28 November 2023 |
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Assessors may ask clarifying questions; appellant failed to prove title due to material contradictions, so appeal dismissed.
Land law – proof of title – burden to establish how, when and from whom land was acquired; Evidence – assessors may ask clarificatory questions but must not cross‑examine; Credibility – contradictions between pleadings and testimony justify adverse findings; Costs – each party to bear own costs.
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28 November 2023 |
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Identification, coached inconsistent statements, and medical evidence sufficed to uphold the rape conviction and life sentence.
Criminal law – Rape – Identification at night by victim who knew accused; coached statements and credibility; medical evidence proving penetration; proof of victim’s age; conviction upheld.
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27 November 2023 |
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27 November 2023 |
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Appeal dismissed; conviction for unlawful possession of government trophies upheld due to reliable identification and record.
Criminal law – unlawful possession of government trophies; evidence – identification and tendering of exhibits; appellate procedure – first appeal as rehearing; admissibility objections not raised at trial; court record presumptions; procedural complaints raised for first time on appeal are not entertained.
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24 November 2023 |
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23 November 2023 |
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Conviction quashed where prosecution failed to prove the victim’s age beyond reasonable doubt.
Criminal law – statutory sexual offences – proof of victim’s age; contradictions in victim’s evidence; necessity of documentary/medical/adult corroboration; conviction unsafe where age not proved beyond reasonable doubt; retrial undesirable.
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23 November 2023 |
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22 November 2023 |
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The applicant’s claim to recover land was dismissed as time‑barred; proceedings in the wrong forum did not toll limitation.
Limitation of actions – recovery of land – item 22, Part I, Schedule to Law of Limitation Act (Cap 89 R.E.2002) – 12‑year period – accrual of right to sue – effect of imprisonment and wrong‑forum proceedings – section 21 exceptions must be pleaded to suspend/toll limitation – remedy for time‑barred action is dismissal (section 3).
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22 November 2023 |
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22 November 2023 |
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21 November 2023 |
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21 November 2023 |
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Unproven claims of injury, transfer and sickness did not constitute good cause for extension of time to appeal.
Criminal procedure – extension of time to appeal under section 361(2) CPA – application must show good cause under Lyamuya criteria. Applicant must account for each day of the delay; unexplained delay indicates negligence. Allegations of sickness, prison transfer or injury require supporting evidence (medical chit or prison officer affidavit). Being a layperson or in custody is not a conclusive excuse for delay.
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17 November 2023 |
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8 November 2023 |
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Minor peripheral discrepancies in witnesses' recollection do not defeat an established land ownership and trespass claim.
Land law - ownership and trespass; credibility of witnesses - minor discrepancies versus material contradictions; pleadings versus evidence - variance that does not alter cause of action; appellate review of Tribunal's rejection of evidence.
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6 November 2023 |
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High Court dismissed review for lack of jurisdiction after a notice of appeal, procedural defects, and forum shopping.
Labour law — Review procedure — Jurisdiction after notice of appeal to Court of Appeal; Labour Court Rules — Requirement to file notice of review (Rule 27(1)); Limitation — 60-day period where none specified (Law of Limitation Act Part III Item 21); Abuse of process — Forum shopping and uncertainty as to subject of review.
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2 November 2023 |
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2 November 2023 |
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Application dismissed: Regional Commissioner was implementing central government directives, so certiorari/mandamus against him was inappropriate.
Administrative law — prerogative remedies — certiorari and mandamus not appropriate against public officer acting as agent of the State; Regional Commissioner — implementation and supervision powers under Art.61(4) Constitution and Regional Administration Act; Agricultural marketing — central "Mwongozo" and Warehouse Receipt System (Stakabadhi za Ghala) — regional implementation; Procedural remedy — challenges to central directives should be brought against the government under appropriate statutory procedures.
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1 November 2023 |
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Court ordered joinder of the deceased defendant's administrator under Order XXII r.4(1) CPC to continue the pending land suit.
Civil procedure – substitution/joinder of parties – Order XXII r.4(1) CPC – death of defendant – survival of right to defend – letters of administration – joinder of administrator to continue suit.
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1 November 2023 |
| October 2023 |
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31 October 2023 |
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25 October 2023 |
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Government land-trespass suit held not time-barred; plaint discloses cause of action; preliminary objection dismissed.
Limitation of actions — suits by or on behalf of the Government — item 23 (60 years) of the Law of Limitation Act; Civil procedure — Order VII, Rule 5 — plaint must disclose cause of action by showing defendant's interest; Time computation — public holidays excluded under Interpretation of Laws Act; Preliminary objection — timeliness and merits.
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25 October 2023 |
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Court granted extension of time where prison officers' failure to file documents caused a short delay beyond applicant's control.
Criminal procedure – extension of time – under s.361(2) Criminal Procedure Act – exercise of judicial discretion requiring sufficient/genuine cause. Delay caused by prison officers while applicant in custody can be a factor beyond applicant's control and constitute sufficient cause. Sufficient cause assessed on circumstances of each case; absence of negligence supports grant of extension (cases: TANROADS v Ruaha Concrete; Lyamuya Construction).
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20 October 2023 |
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Village assembly consent negated trespass; improperly admitted exhibit expunged; compensation claim unpleaded.
Property law – trespass to land – need to prove ownership and unjustified interference; consent by village assembly or landowner negates trespass; Civil Procedure – admissibility of documentary evidence – Order VII/XIII requirements and need for leave/good cause; locus in quo – visit must be recorded to matter on appeal; Pleadings – relief or cause not pleaded cannot be raised on appeal.
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20 October 2023 |
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Applicant’s sickness constituted good cause to grant ten-day extension to file appellate papers under section 361(2).
Criminal procedure – extension of time – section 361(2) Criminal Procedure Act – requirements for good cause. Sickness/illness as valid ground for extension of time. Factors: length of delay, reasons for delay, prejudice to respondent, prospects/point of law (Lyamuya principles).
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20 October 2023 |
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20 October 2023 |
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Victim and medical evidence proved incest beyond reasonable doubt; appeal dismissed and conviction upheld.
Criminal law – Sexual offences – Incest by male (s.158(1)(a) Penal Code) – Victim's evidence and medical corroboration – Standard of proof beyond reasonable doubt; Defence of medical incapacity properly assessed and rejected as unproven.
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19 October 2023 |
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Failure to visit locus in quo amid conflicting land descriptions warranted quashing and remittal for retrial.
Land law – ownership dispute – conflicting descriptions of size and boundaries; necessity of locus in quo visit where factual contradictions arise; admissibility and weight of evidence where sale document is alleged lost; appellate power to order additional evidence and remit for retrial.
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17 October 2023 |
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Appellant failed to prove ownership; tribunal wrongly declared respondent owner without pleading — ownership finding quashed.
Land law — Tort of trespass — Burden and standard of proof in civil claims; sufficiency and consistency of documentary proof (letter of offer and payment); adverse inference for failure to call key witness (municipal authority); limits of tribunal powers — cannot declare ownership absent pleading/counterclaim; locus standi applies to plaintiff who brings suit.
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4 October 2023 |
| September 2023 |
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A court must invite parties to address any suo motu issue; failure to do so makes the decision a nullity.
Constitutional right to fair hearing – Article 13(6)(a); court raised issues suo motu – requirement to place issue on record and recall parties to address it; failure to afford hearing renders decision a nullity; exercise of revisionary powers and remittal for rehearing.
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29 September 2023 |
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29 September 2023 |
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Appellate court found a jointly built house matrimonial despite pre-marriage land and ordered a 40%/60% division.
Family law – Division of matrimonial property – s.114 Law of Marriage Act – jurisdiction to order sale or division after divorce; Matrimonial assets – Improvements on pre-marriage land – jointly built house can be matrimonial where spouses contributed; Contributions – extent of monetary/property/work contributions govern unequal shares; Remedy – variation of lower courts’ division, apportionment of market value and sale of plot for equal distribution.
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29 September 2023 |
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Prosecution failed to prove grievous harm and identity; appellant's conviction quashed.
Criminal law – Offence of causing grievous harm – ingredients required and burden of proof; medical evidence (PF3) insufficiency to establish "grievous harm"; visual identification – Waziri Amani criteria and need for watertight identification; first appeal – re-evaluation of evidence; acquittal where prosecution fails to prove identity and nature of injuries.
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29 September 2023 |
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Appeal against order striking out an execution application was incompetent because the order is not appealable under section 74/Order XL.
Civil procedure — Appealability — appeals lie only where law permits (section 74 CPC and Order XL) — execution proceedings (Order XXI) — order striking out execution application under rules 9, 10(2) and 28 not appealable — preliminary objection upheld; appeal struck out with costs.
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26 September 2023 |
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A court cannot grant divorce without determining presumption of marriage when no valid marriage certificate is produced.
Family law – divorce – validity of marriage proof – requirement that a marriage certificate must be issued by the Registrar General or authorised person. Family law – presumption of marriage – application of section 160(1) of the Law of Marriage Act where no formal certificate produced. Civil procedure – setting aside divorce judgment for want of proof of marriage; liberty to institute fresh proceedings.
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25 September 2023 |
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Review application dismissed: alleged fraud and apparent errors were an appeal in disguise, not grounds for review.
Civil procedure — Review — Grounds for review limited to apparent error on face of record, fraud, denial of hearing or lack of jurisdiction — Review not an appeal in disguise. Land law — Interpretation of Land Registration Act s.68 — challenge to statutory interpretation not established as apparent error for review. Land disputes — Orders against third-party occupier and claims for purchase money — matters more appropriately raised on appeal. Civil procedure — Decree extraction (Order XX CPC) — failure to extract decree not shown to cause miscarriage of justice warranting review.
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25 September 2023 |
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An appellant who constructs on land without a written, signed lease cannot enforce an oral agreement and is a trespasser.
Land law – disposition of land – lease – requirement that contracts for disposition (including leases) be in writing or have a written memorandum signed by the party against whom enforcement is sought (s.64(1) Land Act). Civil procedure – parties bound by their pleadings – cannot raise unpleaded issues without amendment. Property tort – trespass – construction without consent. Equitable estoppel – cannot succeed where no enforceable agreement proven.
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22 September 2023 |
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An appeal lodged beyond statutory time limits under s.361(1) is incompetent and is struck out.
Criminal procedure — Appeals — Time limits under section 361(1) Criminal Procedure Act — Notice of intention to appeal within 10 days and petition within 45 days. Failure to comply with statutory time limits — Appeal rendered incompetent — Remedy is striking out. Prisoner-lodged filings — inability to comply does not cure late filing absent extension or leave.
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22 September 2023 |
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Matrimonial proceedings without the Marriage Conciliation Board's certificate are a nullity and must be quashed.
Family Law – Law of Marriage Act, s.101 – mandatory requirement of Marriage Conciliation Board's certificate before instituting divorce proceedings. Evidence – documents appended to pleadings are not evidence; documentary evidence must be connected by oral testimony (Magistrates' Courts (Rules of Evidence in Primary Courts) Regulations regs. 8(1)(b), 11(2)). Jurisdiction – failure to produce/prove Board's certificate renders matrimonial proceedings a nullity. Remedy – proceedings and orders quashed; retrial declined; parties may institute fresh petition.
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22 September 2023 |