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Citation
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Judgment date
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| June 2025 |
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Applicant failed to prove late supply of proceedings or show diligence; extension of time refused and costs awarded.
Extension of time – Law of Limitation Act s.14(1) and CPC s.95 – applicant must give good and sufficient cause per Lyamuya: account for all delay, show diligence – failure to produce or prove late supply of trial proceedings – delay attributable to applicant’s negligence – application dismissed with costs.
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10 June 2025 |
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10 June 2025 |
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10 June 2025 |
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5 June 2025 |
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Appellate court affirms conviction for personating a public officer; cautioned statement not mandatory and prosecution proved case beyond reasonable doubt.
Criminal law – Personating public officer – Elements: pretending to be in public service and intending to benefit – proof beyond reasonable doubt. Evidence – Cautioned statement not mandatory; admissibility optional and non-production not fatal where other credible evidence exists. Evidence – Minor contradictions in peripheral details do not vitiate prosecution case. Sentencing – Sentence under s.35 Penal Code lawful; first offender status a mitigating factor.
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3 June 2025 |
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A court must ascertain an accused's age; trying a child in an adult court renders proceedings a nullity.
Jurisdiction – Age of accused as jurisdictional fact; Law of the Child Act – requirement to refer suspected child to Juvenile Court; Plea of guilty – does not cure jurisdictional defect; Proceedings in court lacking jurisdiction are a nullity; Remedy – nullification and release, with option to re‑prosecute in proper court.
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3 June 2025 |
| May 2025 |
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Proceedings nullified and conviction quashed where DPP consent and jurisdiction certificate were not duly endorsed; retrial ordered.
Criminal law – unlawful possession of government trophy; jurisdiction – requirement for DPP’s consent and certificate conferring jurisdiction to be duly endorsed and acknowledged by trial court; failure to endorse renders proceedings a nullity; retrial ordered.
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30 May 2025 |
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An appellant must give clear, consistent, and sufficient reasons to obtain extension of time to set aside an ex parte judgment.
Civil procedure – extension of time – condonation requires good and sufficient cause – applicant must give a detailed, consistent explanation of delay. Land procedure – ex parte proceedings – necessity for proof of service or substituted service under Tribunal regulations before proceeding ex parte. Appellate review – interference with discretionary refusal of extension only where exercise of discretion was erroneous.
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29 May 2025 |
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Appellate court upheld respondent’s ownership on balance of probabilities and found denial to amend defence justified; appeal dismissed.
Land law – ownership dispute over two acres – burden of proof on balance of probabilities; credibility and corroboration of witnesses. Civil procedure – amendment of pleadings – refusal justified where application made after closure of other party’s case and would prejudice that party. Appellate review – first appeal as rehearing; appellate duty to re-evaluate evidence and make independent findings of fact.
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29 May 2025 |
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Claim of slander failed for lack of proof, hearsay evidence and contradictions; trial judgment set aside.
Defamation — proof on balance of probabilities — parties bound by pleadings — hearsay and contradictions in dates undermine claimant’s case — qualified privilege must be raised and proved.
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28 May 2025 |
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Court struck out suit for failure to mediate and lack of pecuniary jurisdiction; e‑filing and e‑signature deemed valid.
Civil procedure — Electronic filing — plaint filed via eCMS using MS Word and annexures in PDF satisfies Order IV and Electronic Filing Rules (rules 11, 13). Contract law — Dispute resolution — contractual mediation clause must be exhausted before initiating court proceedings. Jurisdiction — Pecuniary jurisdiction — suit value within District Court threshold precludes High Court jurisdiction. Pleadings — Signature requirement — electronic user ID deemed compliance with Order VI r.14 by Electronic Filing Rules.
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28 May 2025 |
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Appeal dismissed: appellant afforded fair trial, prosecution proved grievous harm beyond reasonable doubt, sentence upheld.
Criminal law – causing grievous harm – proof beyond reasonable doubt – eyewitness and medical evidence; Right to a fair trial – right to give defence, call witnesses and cross-examine – adjournment and failure to produce witnesses; Sentencing – consideration of mitigating factors; Self-defence raised but insufficient to create reasonable doubt.
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27 May 2025 |
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An execution-stage order is not appealable; revision was the proper remedy and the District Court’s dismissal was nullified.
Civil procedure – Execution orders – Orders made at execution stage are not appealable; remedy by revision. Appeals lie only where law permits. Revisional jurisdiction vs appellate jurisdiction; exceptional circumstances required to substitute revision for appeal. Recording and recognition of settlements during execution stage.
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22 May 2025 |
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Extension of time to challenge presidential removal refused for failure to account for three-year delay after recovery.
Extension of time; prerogative orders (certiorari and mandamus); Lyamuya criteria — account for delay, non-inordinate delay, diligence, point of law; sickness as potential ground for extension; requirement to account for each day of delay; inadmissibility of new points raised in rejoinder without reply opportunity.
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21 May 2025 |
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Extension granted where trial court lacked jurisdiction due to untendered conciliation certificate.
Civil procedure — extension of time to appeal; requirement of good and sufficient cause; illegality apparent on face of record; jurisdiction — failure to tender Marriage Conciliation Board certificate; proof of marriage; advocate negligence not sufficient.
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15 May 2025 |
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13 May 2025 |
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13 May 2025 |
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13 May 2025 |
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13 May 2025 |
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8 May 2025 |
| April 2025 |
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30 April 2025 |
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30 April 2025 |
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29 April 2025 |
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29 April 2025 |
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29 April 2025 |
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Four‑month delay in filing appeal was inordinate; ignorance, alleged prison e‑filing problems and awaiting counsel did not justify extension.
Criminal procedure – extension of time to file notice of intention to appeal and appeal under section 361(2) – requirement to show good and sufficient cause. Civil procedure principles (Lyamuya factors) applied to delay: account for delay, absence of inordinate delay, diligence, or point of law. Ignorance of law, counsel’s or third‑party mistakes and uncorroborated prison system problems do not ordinarily constitute good cause.
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17 April 2025 |
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Applicant’s unsupported illness and ignorance of law failed to establish good cause for extension of time to appeal.
Criminal procedure — extension of time to file appeal — requirement to show good and sufficient cause; applicant must account for entire period of delay; ignorance of law not good cause; illness must be supported by medical evidence; alleged institutional delay must be proved by affidavits of responsible officers.
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17 April 2025 |
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Applicant granted interim injunction restraining respondents from dealing with specified properties pending suit.
Civil Procedure – Temporary injunction – Order XXXVII, Rule 1(b) CPC – Three‑fold Atilio test: prima facie case, irreparable injury, balance of convenience – Interim restraint on dealing with mortgaged properties pending suit.
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17 April 2025 |
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Closing defence despite notified sickness denied the applicant’s right to be heard and nullified subsequent proceedings.
Land disputes – District Land and Housing Tribunal – right to be heard/natural justice – regulation 11(1)(c) GN. No.174/2003 – sickness as "good cause" – ex parte proceedings – nullity and remittal for rehearing.
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9 April 2025 |
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Court granted non-disclosure, in-camera and publication restrictions to protect prosecution witnesses facing real threats.
Criminal procedure – witness protection – court may, on ex parte application by DPP under s.188, order non-disclosure of witness identity, non-disclosure of statements likely to identify witnesses, in-camera trial and other protective measures; risk of intimidation and obstruction of justice justifies protective orders; accused must receive non-identifying summary of evidence; remote testimony (video conferencing) to be decided by trial judge after filing.
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3 April 2025 |
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3 April 2025 |
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3 April 2025 |
| March 2025 |
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27 March 2025 |
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25 March 2025 |
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Appeal struck out as incompetent due to differing party capacities and incorrect case number; 14 days granted to refile.
Land appeal — Competency — Discrepancy in parties’ capacities (administrators v. personal) and wrong case number — Preliminary objection — Amendment not allowed after objection argued — Appeal struck out; leave to refile within 14 days.
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17 March 2025 |
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A contractual extension and ongoing breach revived limitation under section 7, so the suit was not time-barred.
Limitation law – continuing breach – section 7, Law of Limitation Act – effect of contractual extension/acknowledgement on commencement of limitation period – preliminary objection on time bar dismissed.
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17 March 2025 |
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Applicant’s illness did not satisfactorily account for a 25-day delay; extension to appeal was refused with costs.
Civil procedure – extension of time – applicant must show good and sufficient cause; each day of delay must be accounted for (Hassan Bushiri principle). Illness as ground for extension – medical treatment period may be excluded, but claimant must provide consistent evidence of recovery dates and explain remaining delay. Computation of delay – statutory appeal period runs from date of judgment; exclusion applies only to period of incapacity.
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12 March 2025 |
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Accused convicted of attempted murder where identification, injuries and seized knife linked him beyond reasonable doubt.
Criminal law – Attempted murder – identification at night; admissibility and chain of custody of weapon; medical report admissibility; application of Enock Kipela factors to establish mens rea.
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6 March 2025 |
| February 2025 |
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The accused was found legally insane at the time of the killing and ordered detained in a mental institution under s.219(3)(a).
Criminal law – Insanity defence – Referral under s.220(1) Criminal Procedure Act – Psychiatric report admissibility and weight. Penal Code s.13 – legal incapacity due to disease of mind; burden and standard of proof. Criminal Procedure Act s.192(4) – proof of death and causal link. Criminal Procedure Act s.219(3)(a) – disposal where accused insane for offences attracting death or long imprisonment.
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27 February 2025 |
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Accused found legally insane at the time of the killing and ordered detained as a mentally disordered offender under section 219.
Criminal law – Insanity defence – Elements under section 13 Penal Code – incapacity to understand or appreciate wrongfulness due to mental disease. Criminal procedure – Referral for psychiatric examination under section 220 Criminal Procedure Act and admissibility of medical reports. Evidence – Proof of death and causation under section 192(4) Criminal Procedure Act; seizure and identification of weapon. Disposition – Special finding of insanity and detention under section 219(3)(a) Criminal Procedure Act.
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27 February 2025 |
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26 February 2025 |
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25 February 2025 |
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20 February 2025 |
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20 February 2025 |
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20 February 2025 |
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Accused found legally insane at time of killing and ordered detained as a mentally disordered offender.
Criminal law – Insanity defence – Referral and psychiatric report under s.220 Criminal Procedure Act – Legal incapacity under s.13 Penal Code – Special finding and detention as mentally disordered offender under s.219(3)(a) – Death and causation admitted under s.192(4).
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18 February 2025 |
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An appeal filed beyond the 45-day limit under s361(1)(b) CPA is time-barred and is struck out; extension may be sought.
Criminal procedure — Time limit for appeal — Section 361(1)(b) CPA — Late filing of grounds of appeal — Delay caused by prison administration does not cure time-bar — Remedy: striking out; applicant may seek extension of time.
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17 February 2025 |
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7 February 2025 |
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7 February 2025 |
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Resignation did not amount to constructive dismissal; applicants awarded two months' unpaid allowances and certificates of service.
Employment law – constructive dismissal/forced resignation – five‑factor test (intention; objective unbearability; employer's role; likely continuation; last resort) – requirement to exhaust internal grievance mechanisms – distinction between permanent employment and part‑time/allowance engagements – entitlement to unpaid allowances and certificates of service.
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6 February 2025 |