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Citation
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Judgment date
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| May 2023 |
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Burglary unproven for lack of breaking evidence; the applicant convicted of theft but sentence reduced for unconsidered mitigating factors.
Criminal law – Burglary – element of breaking and entering – necessity of evidence of forcible entry (e.g. broken lock) and production as exhibit. Criminal law – Theft – recent possession of stolen property – duty of accused to explain possession. Sentencing – Mitigating factors (first offender, illness) must be identified and applied, with reasons recorded. Appeal – appellate re-evaluation may result in acquittal on one count and substitution/reduction of sentence on another.
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5 May 2023 |
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Appeal allowed where tribunal closed evidence and denied appellants their constitutional right to be heard.
Land — procedure: Right to be heard; natural justice; closure of evidence; absence without ex parte order; remittal to tribunal; quashing subsequent proceedings.
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5 May 2023 |
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Court granted condonation and remitted a suspension complaint, finding employer’s failure to provide investigation results caused the delay.
Labour law – condonation/extension of time – applicant must show sufficient reasons for delay – waiting for employer’s investigation report can justify condonation. Suspension v. termination – suspension complaints may be subject to condonation and require proper exercise of tribunal’s discretion. Procedural fairness – tribunal must exercise discretion judicially before dismissing jurisdiction for delay.
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4 May 2023 |
| April 2023 |
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Whether the suit is res judicata under section 9 CPC and whether the tribunal erred by addressing merits first.
Land law - Res judicata - Whether matter directly and substantially in issue in former suit under section 9 Civil Procedure Code; procedure - Trial tribunal must decide res judicata plea before merits; Land Disputes Courts Act - revisionary powers to quash proceedings and remit for determination.
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25 April 2023 |
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Court found application was wrongly dismissed as time-barred and remitted the matter for merits hearing.
Limitation law – computation where deceased owned land – section 24(1) and (2) Law of Limitation Act – accrual of cause of action upon encroachment. Civil procedure – preliminary objection raised suo motu – requirement to determine accrual and hear merits before dismissing. Remittal – quashing of proceedings and order for retrial on merits.
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25 April 2023 |
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Presumption of marriage permits custody, maintenance and property division; unpleaded fixed compensation without valuation was improper.
Family law – Presumption of marriage under section 160 Law of Marriage Act – court may grant reliefs akin to divorce/separation (custody, maintenance, distribution). Property division – fixed compensation improperly awarded without valuation and absent pleading; court may award proportionate shares of property value. Pleadings – court should not grant reliefs not claimed in pleadings.
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25 April 2023 |
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Appellant proved ownership on balance of probabilities; appellate court set aside tribunal judgment and declared appellant lawful owner.
Land dispute — proof of ownership — standard: balance of probabilities — possession and documentary evidence — effect of inconsistent plot descriptions and typographical errors — right to sue for trespass — appellate re-evaluation of credibility and weight of evidence.
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25 April 2023 |
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20 April 2023 |
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6 April 2023 |
| March 2023 |
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Technical delay from filing in the wrong court justified a 30‑day extension to lodge the intended appeal.
Extension of time – Appeal out of time – Technical delay by wrongful filing in wrong court – s.21 Law of Limitation Act 1971 – Requirement to account for delay.
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31 March 2023 |
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Where an accused is no longer an employee, mandatory exhaustion of administrative remedies does not bar criminal prosecution; appeal dismissed.
Criminal procedure – section 4(3) Criminal Procedure Act (as amended) – mandatory exhaustion of civil/administrative remedies prior to criminal prosecution – applicability where accused is no longer an employee. Public service/administrative remedies – distinction between disciplinary/administrative forum and criminal prosecution where employment has terminated. Jurisdiction – District Court’s authority to admit and try economic crime charges; preliminary objection properly overruled.
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31 March 2023 |
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Appellant’s inconsistent evidence and procedural defects at locus in quo led to dismissal of ownership and trespass claim.
Land law – ownership and trespass – party alleging gift/hand-over must prove handover and produce corroborative evidence. Evidence – burden and quality of evidence – quality and consistency trump number of witnesses. Civil procedure – locus in quo – proper procedure required: named/signed/swearing of witnesses, reading reports to parties, recording and allowing sworn testimony and cross-examination. Probate/administration – testimony by administrator under letters of administration is admissible. Failure to call crucial witnesses or produce documents may attract adverse inference.
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30 March 2023 |
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Power of attorney from clan members does not confer locus to sue; probate grant required, so leave to appeal refused.
Leave to appeal — discretionary test for leave — substantial question of law or matter of general importance required; locus standi — power of attorney insufficient to confer administrator status; probate law — grant of probate or letters of administration necessary before instituting claims on behalf of a deceased's estate.
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29 March 2023 |
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An appeal against a tribunal order is not defeated by lack of a judgment/decree where the omission is curable by amendment.
Civil procedure – Requirement to attach judgment and decree to memorandum of appeal (Order XXXIX r.1(1) CPC); Appeals from orders (s.74(1)(i) CPC); Land Disputes Courts Regulations r.13 – appeal against dismissal order; Amendment and curable formal errors (s.3A CPC).
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28 March 2023 |
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Leave granted to appeal on defamation elements, proof on balance, and High Court framing of new issues without party input.
Civil procedure – leave to appeal – discretionary threshold of arguable case requiring Court of Appeal attention. Defamation – elements in issue: offensive words and publication to third parties. Appellate practice – propriety of framing/determining new issues at appellate stage without affording parties chance to address the court. Procedural fairness – leave stage not for rehearing merits but for assessing arguability.
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28 March 2023 |
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Appellate court upholds that an oral sale and bank deposit proved liability; appeal dismissed with costs.
Contract — Sale of goods — Oral contract inferred from conduct and bank deposit — Passing of property and deliverable state under Sales of Goods Act — Evaluation of evidence on balance of probabilities — Appellate review of factual findings.
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28 March 2023 |
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High Court has jurisdiction to hear appeals on the merits from ex parte tribunal judgments; preliminary objection dismissed.
Land procedure — jurisdiction to entertain appeals from District Land and Housing Tribunal — appeals from ex parte judgments (s.70(2) CPC) versus setting aside ex parte orders (Regulation 11(2) Land Disputes Courts Regulations) — preliminary objection overruled.
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23 March 2023 |
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Applicant failed to show good cause for extension; new evidence inappropriate at appeal stage and filing delays were unpleaded.
Extension of time – requirement to show good cause and account for delay; newly discovered evidence – primary matter for trial court (Order XLII r.1(1)(a)); electronic filing delays must be pleaded in affidavit; applicant must show intended review grounds (Aziz Mohamed).
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22 March 2023 |
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Amended charge cured alleged variance; reliable night identification and corroboration upheld conviction.
Criminal law – cattle theft – variance between charge and evidence – substituted/amended charge; Criminal procedure – amendment under section 234 (substituted charge) – effect on variance; Evidence – visual identification at night – Waziri Amani factors (proximity, light source/intensity, time of observation, familiarity); Proof beyond reasonable doubt – corroboration by subsequent sighting and investigation.
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22 March 2023 |
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Vague alibi and watertight circumstantial evidence (bloodied knife, wounds) led to murder conviction.
Criminal law – Murder – Circumstantial and eyewitness evidence; Alibi – statutory notice under s.194(4)–(5) C.P.A., consideration under s.194(6); Forensic evidence (post-mortem) corroborating cause of death; Chain of custody and seizure of weapon.
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21 March 2023 |
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Circumstantial evidence with material inconsistencies and an inconclusive post-mortem did not prove murder beyond reasonable doubt.
Criminal law – Murder – Circumstantial evidence must be watertight and incompatible with innocence; discrepancies may defeat conviction; post-mortem inconclusive as to causation.
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21 March 2023 |
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Trivial discrepancies in packaging and formalities do not vitiate a corroborated trafficking conviction.
Criminal law – narcotic drugs trafficking – sufficiency of evidence; minor discrepancies in exhibit descriptions (sacks vs sulphate bags) immaterial; search and seizure at night — absence of independent witness excusable; chemist report signed by analyst acceptable; conviction upheld.
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17 March 2023 |
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Absence of sperm does not defeat an unnatural‑offence conviction where penetration is proved and supported by eyewitness and medical evidence.
Criminal law – Unnatural offence (s.154(1)(a) Penal Code) – Elements: penetration sufficient; semen not required as element. Evidence – Corroboration – victim evidence corroborated by eyewitness and medical injuries. Evidence – Minor inconsistencies in time/date do not necessarily vitiate prosecution case. Evidence – No fixed number of witnesses required to prove fact; credibility controls. Identification – Recognition by face/nickname acceptable when accused is sole person at dock.
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17 March 2023 |
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Rape conviction and thirty-year sentence upheld; absence of sperm did not negate proven penetration or victim's credible testimony.
Criminal law - Rape - Proof beyond reasonable doubt - Consent and penetration - Section 130(4)(a) - Medical evidence and PF3 admissibility - Absence of sperm not dispositive - Corroboration by witnesses and exhibits - Admission/confession - Failure to cross-examine implies acceptance.
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14 March 2023 |
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An applicant for extension of time must account for delay and show diligence; illegality cannot excuse inaction; appeal dismissed.
Extension of time — requirements: applicant must account for all period of delay, delay must not be inordinate, applicant must show diligence; illegality as ancillary ground only where applicant otherwise meets requirements; Probate proceedings — court-ordered sale through Court Broker and scope of court interference with administrator’s duties; Inaction cannot be excused by pleading illegality.
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9 March 2023 |
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Variance between charge particulars and evidence quashed burglary/stealing convictions; possession under section 312(1)(b) upheld and sentenced to three years.
Criminal law – variance between charge particulars and evidence – burglary requires night-time allegation; defective particulars render count unproved; alternative conviction under section 312(1)(b) for possession of suspected stolen property where accused fails to satisfy court he did not unlawfully acquire it; chain of custody issues immaterial where accused admits possession and ownership not disputed.
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7 March 2023 |
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Appellant's conviction upheld on recent possession and circumstantial evidence; caution statement expunged and sentence reduced to five years.
Criminal law – stealing by person in public service; circumstantial evidence and doctrine of recent possession; admissibility of caution statement – requirement to sign each page (s.58(6)(a) Criminal Procedure Act); admissibility of seizure certificates where no trial objection; sentencing jurisdiction of subordinate courts and reduction of excessive sentence.
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7 March 2023 |
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Conviction quashed where delayed disclosure and reliance on inadmissible spiritual evidence rendered the victim’s testimony unreliable.
Criminal law – Sexual offences – Rape – Victim’s testimony and delayed disclosure – credibility implications. Evidence – Medical proof of pregnancy as corroboration in rape cases – probative but not necessarily dispositive. Evidence – Allegations based on spirits/witchcraft are inadmissible and cannot ground criminal conviction. Criminal procedure – Conviction unsafe where key testimony is undermined by delay and supernatural explanations.
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7 March 2023 |
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The appellants' gang robbery conviction quashed for insufficient proof of violence, contradictions and unsafe identification.
Criminal law – gang robbery – elements: stealing and use of violence – requirement to prove both; Variance between charge sheet and evidence – effect on proof; Visual identification – reliability where assailants camouflaged and witnesses are strangers; Chain of custody and recovery of exhibits – requirement to establish custody; Procedural compliance – missing ruling on 'case to answer' and consequences; Substitution to lesser offence – when revisionary powers may be inappropriate.
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7 March 2023 |
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Minor witness contradictions and a harmless judicial error do not overturn a rape conviction supported by medical evidence.
Criminal law – Rape – credibility of complainant – minor contradictions as non‑fatal; delay in reporting justified by threats; medical evidence and PF3 corroboration; harmless error in judgment does not vitiate conviction; omission of statutory citation at verdict curable; sentence of 30 years prescribed under Penal Code sections 130(1), 130(2)(e) and 131(1).
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3 March 2023 |
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Appellate court affirms tribunal: succession and procedural objections lacked merit; respondent proved ownership; appeal dismissed with costs.
Civil procedure – successive trials – Order XVIII (rule 10) and rule 8 – successor may rely on predecessor’s recorded evidence; absence of recorded reasons/consent does not automatically vitiate proceedings. Land procedure – compliance with G.N. 174/2003 (Form No.1) – prescribed form and description of land; pleadings estoppel. Evidence – civil standard – proof on balance of probabilities; tribunal’s assessment of credibility and demeanour upheld; locus visit discretionary.
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2 March 2023 |
| February 2023 |
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Challenge to admissibility of handing-over agreement and alleged coercion rejected; appeal dismissed.
Land disputes – admissibility of documents – relevance and authenticity vs. identity of drafter; Stamp Duty Act – instruments requiring stamp; Pleadings and burden of proof – applicant’s duty to prove coercion; Civil v criminal jurisdiction – new issues not pleaded cannot be raised on appeal.
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28 February 2023 |
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Appeal dismissed: no evidence deceased was Christian; trial court jurisdiction to administer estate upheld and matter remitted.
Probate and administration — jurisdiction of primary courts over estates — distinction between customary/Islamic estates and estates governed by civil/Christian marriage law — evidentiary proof required to establish deceased's religious status or Christian marriage.
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28 February 2023 |
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Application for release of seized animals dismissed as overtaken by events; enforcement of lower court orders not for this forum.
Civil procedure – preliminary objection – overtaken by events – execution of subordinate court orders – proper forum – mandamus/prohibition/certiorari – seized animals/Animal Welfare Regulations.
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27 February 2023 |
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The appellant's challenges to chain of custody, caution statement timing and witness contradictions failed; conviction and sentence upheld.
Criminal law – unlawful possession of firearm and ammunition; chain of custody may be proved by oral testimony; timing of cautioned statement under s.50 CPA; minor witness contradictions not necessarily fatal; failure to cross‑examine operates as acceptance; custody by a non‑designated exhibit keeper permissible where justified.
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27 February 2023 |
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Failure to allege night-time in burglary particulars vitiated burglary convictions though stealing convictions were upheld.
Criminal law – Burglary – requirement that breaking be committed at night – necessity of particulars specifying time; Recent possession doctrine – elements and applicability; Stealing – proof of asportation and mens rea; Chain of custody of exhibits – evidentiary importance but not always fatal where possession and ownership undisputed; Sentencing – appellate review.
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24 February 2023 |
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Applicant not entitled to subsistence allowance where recruitment and termination occurred at same place; entitled to proven arrears of TZS 245,200.
Employment law – s.43(1) Employment and Labour Relations Act – entitlement to transportation and subsistence allowance arises only where termination occurs at a place other than recruitment place. Labour claims – burden of proof for arrears of salary – established on balance of probabilities with supporting correspondence and liquidation context. Review grounds – allegations of arbitrator bias or non-production of documents require proof and are not automatically grounds for revision.
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23 February 2023 |
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Appellate court reversed tribunal: relief must follow pleadings; verification and interrupted occupation defeated respondent’s ownership.
Land law – boundary and village jurisdiction conflict (Litola v. Namabengo) – admissibility and effect of district verification (DW2) – relief must follow pleadings – proof of allocation and uninterrupted occupation – locus in quo visit discretionary.
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23 February 2023 |
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Last-seen-with evidence and a credible oral confession established guilt for murder.
Criminal law – Murder – Circumstantial evidence – Last-seen-with rule; Oral confession – credibility of admissions to relatives; Inference of malice aforethought from nature of injuries and post-offence conduct.
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21 February 2023 |
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Appeal dismissed: victim properly identified appellant and prosecution proved rape and grievous harm beyond reasonable doubt.
Criminal law – Rape – Identification of accused (Waziri Amani criteria) – Victim’s testimony as primary evidence in rape – Corroboration by medical report and witnesses – Procedure – compliance with s.312(2) Criminal Procedure Act (judgment to specify offence, section and sentence).
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20 February 2023 |
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Applicant failed to account for each day of a near ten-year delay; extension of time to appeal denied.
Extension of time – requirement to show sufficient and genuine reasons and to account for each day of delay – medical conditions and late receipt of judgment insufficient without explanation for entire delay – application dismissed.
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20 February 2023 |
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Conviction for rape of a child upheld; sentence varied from 30 years to life imprisonment under statutory mandate.
Criminal law – Rape of a child – Victim’s evidence as best evidence; penetration however slight sufficient; corroboration by eyewitness and medical evidence; failure to cross-examine amounts to acceptance; caution statement admitted; sentencing – statutory life imprisonment for rape of girl under ten; appellate variation of sentence under Criminal Procedure Act.
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17 February 2023 |
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Conviction for theft quashed due to failure to summon a material witness and gaps in chain of custody of the motorcycle.
Criminal law – Theft – Failure to summon material witness – Chain of custody of exhibits – Identification and ownership of allegedly stolen property – Weight of seizure certificate prepared at police station.
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17 February 2023 |
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Appellant’s rape conviction and 30-year sentence upheld: identification, PF3/medical evidence, and child evidence procedure found proper.
Criminal law – Rape – Identification evidence – familiarity of victim with accused, proximity and time to observe; clothing description as supplementary detail. Evidence – Medical examination and PF3 admissibility; tendering by competent witness. Evidence Act s.127(2) – child witness’ promise to tell the truth and voir dire procedure. Sentencing – Imposition of 30 years under Penal Code s.131(1).
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17 February 2023 |
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Applicant granted ten-day extension to lodge notice of intention to appeal and appeal after earlier appeal struck out for lack of notice.
Criminal procedure — extension of time under s.361(2) Criminal Procedure Act — notice of intention to appeal — appeal struck out for failure to lodge notice — sufficiency of reasons and diligence in seeking extension — respondent’s non‑opposition relevant but not decisive.
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15 February 2023 |
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Procedural non-compliance to read/explain application does not vitiate proceedings absent prejudice; revision ordered to proceed.
Land Disputes Courts — Rule 12(1)/(2) G.N. No. 174/2003 — reading/explaining application to respondent — procedural non-compliance — prejudice/failure of justice test — section 45 Land Disputes Courts Act — supervisory revision under section 43(1).
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14 February 2023 |
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An ex-parte judgment must be set aside in the court that made it before its merits can be challenged on appeal.
Civil procedure – ex-parte judgments – requirement to apply to the court which passed the decree to set it aside (Order IX r.9 CPC) before appealing. Appeal procedure – necessity to exhaust remedies in trial court prior to appellate review. Evidence – objections to admissibility or authenticity of documents should be addressed in appropriate proceedings at trial level.
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9 February 2023 |
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Appeal dismissed: a decree must be extracted and signed before execution; records remitted to trial court.
Civil procedure — Execution of decree — Decree distinct from judgment — Decree must be extracted and signed (Order XX Rule 7) before execution (Order XXI) — Remission to trial court to prepare decree — Waiting period excluded from limitation.
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9 February 2023 |
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Accused convicted of murder on forensic, identification and confessional evidence; sentenced to death and motorcycle forfeited.
Criminal law – murder – reliance on circumstantial and forensic evidence – admissibility and weight of cautioned statement – chain of custody for firearm and ammunition – identification at night – malice aforethought established – mandatory death sentence.
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9 February 2023 |
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An unequivocal guilty plea taken in a language understood bars appeal against conviction except on narrow, specified grounds.
Criminal law – plea of guilty – validity and language of plea; conviction on plea; appealability of conviction under section 360(1) CPA; limited grounds to challenge plea; admission of exhibits without originals where no objection; sentencing guidance and mitigation.
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7 February 2023 |