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Citation
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Judgment date
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| October 2024 |
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17 October 2024 |
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10 October 2024 |
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Extension granted due to apparent illegality (missing Marriage Conciliation Board certificate); economic hardship not accepted.
Family law – Matrimonial proceedings – Requirement to refer matrimonial disputes to Marriage Conciliation Board and obtain certificate under section 101(1) of the Law of Marriage Act – absence of certificate vitiates jurisdiction. Civil procedure – Extension of time – Applicant must show good cause; economic hardship may be exceptional but requires credible evidence. Extension of time – Apparent illegality on the face of the record can justify condonation and extension of time.
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10 October 2024 |
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District court properly set aside trial court judgment for denying the respondent the constitutional right to be heard.
Constitutional right to be heard – breach of audi alteram partem renders judgment voidable; Revisional jurisdiction – district court may nullify trial proceedings for illegality; Ex parte judgments – require express order and specific procedure; Courts must balance expedition and fairness in delivering judgment.
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10 October 2024 |
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The appellant's guilty plea was unequivocal because the charge and facts showed the victim's age, upholding conviction and sentence.
Criminal procedure — guilty plea — requirements for an unequivocal plea; application of six Chaki conditions. Appeal from conviction on guilty plea — exceptions under Laurence Mpinga (imperfect/ambiguous plea, mistake, no offence disclosed, admitted facts cannot sustain conviction). Substantive law — rape of a minor (section 130(2)(e)): victim's age as essential ingredient; consent immaterial. Retrial — principles from Fatehali Manji: retrial only when original trial illegal or defective and in interest of justice.
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9 October 2024 |
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8 October 2024 |
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Failure to serve a competent 90‑day statutory notice under s6(2) renders the plaint incompetent and is struck out.
Government Proceedings Act (Cap.5) s6(2) – mandatory 90‑day statutory notice – requirement to serve government/appropriate offices; Competence of statutory notice – notice must accurately reflect the claim made in court; Failure to comply with statutory notice/formal service – remedy of striking out plaint; Purpose of notice – to afford government opportunity for administrative settlement.
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7 October 2024 |
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3 October 2024 |
| September 2024 |
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Appeal dismissed; victim and medical evidence found credible and mandatory life sentence for rape of under‑ten upheld.
Criminal law – Rape – Victim’s testimony as primary and best evidence; corroboration by parent and medical officer; medical evidence of hymen perforation and penetration; inability of medical witness to identify specific blunt object not fatal to prosecution; sentencing – mandatory life imprisonment for rape of girl under ten (s.131(3) Penal Code).
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30 September 2024 |
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Applicant granted four‑month extension to file estate inventory and accounts upon showing sufficient cause.
Probate law – Extension of time to file inventory and accounts – s.107(2) Probate and Administration Estates Act – Court’s discretion to grant extension upon showing good and sufficient cause; Administrator’s duties – delays caused by trespass, third‑party registrations and scattered assets may justify extension; Civil procedure – application supported by affidavit and uncontested submissions.
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30 September 2024 |
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30 September 2024 |
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The applicant's unproven search for an advocate and ignorance of law did not justify extension of time to appeal.
Extension of time – Law of Limitation Act s.14(1) – requirements for condonation – Lyamuya principles: account for each day of delay, diligence, non-inordinate delay; ignorance of law/searching for an advocate not sufficient cause; necessity to prove and account for delay (Hassan Bushiri).
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30 September 2024 |
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Suit struck out for suing the wrong corporate entity under the university charter; plaintiff may refile correctly.
Civil procedure — preliminary objection — competency of suit — whether the correct corporate entity is sued under a university charter. Statutory interpretation — Universities Act and university Charter — body corporate capable of suing and being sued. Evidence — annexures and correspondence can disclose the proper party when contract is not attached. Remedy — striking out incompetent suit; costs awarded; right to refile.
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30 September 2024 |
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A district court may hear common-law tort claims despite specific damages falling within a primary court's pecuniary limit.
Magistrates’ Courts jurisdiction – determination by nature of claim, magnitude of relief and lowest competent court – common-law torts (malicious prosecution) not triable in Primary Courts even if specific damages fall within Primary Court pecuniary limits – improper splitting of claims – appeal allowed and matter remitted for hearing on merits.
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25 September 2024 |
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Non‑compliance with s127(2) does not automatically invalidate a credible child's evidence; conviction upheld and appeal dismissed.
Evidence — section 127(2) Evidence Act — mandatory promise by child of tender years; Legal Sector Laws (Misc. Amend.) Act No.11/2023 s127(7) — failure to comply does not render evidence inadmissible; assessment of credibility and reliability of child witness; identification — minor name inconsistencies not fatal; burden of proof — remains on prosecution; appellate re-evaluation of factual findings.
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20 September 2024 |
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20 September 2024 |
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18 September 2024 |
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17 September 2024 |
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17 September 2024 |
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17 September 2024 |
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13 September 2024 |
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11 September 2024 |
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Court granted seven-day extension to file counter affidavit, finding Lyamuya guidelines inapplicable and prioritizing the right to be heard.
Civil procedure – Extension/enlargement of time – Application to file counter affidavit – Whether Lyamuya guidelines apply – Court’s discretion and right to be heard. Natural justice – Right to be heard – balancing prejudice and litigant’s opportunity to respond. Procedural compliance – accounting for delay and proof of reasons for non-compliance.
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11 September 2024 |
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9 September 2024 |
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9 September 2024 |
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5 September 2024 |
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An interim stop order pending leave to apply for prohibition was refused as premature and pre-emptive.
Judicial review — leave to apply for writ of prohibition — interim relief — suspension of administrative action pending leave — supplementary affidavits under Rule 7(3)(a) of the Judicial Review Rules.
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5 September 2024 |
| August 2024 |
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Applicant permitted to file supplementary affidavit to amend application; right to be heard upheld and no prejudice shown.
Labour procedure – amendment of pleadings – leave to file supplementary affidavit – right to be heard as constitutional principle – discretion to allow amendment where no prejudice shown.
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30 August 2024 |
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29 August 2024 |
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Prisoner’s sickness and incarceration constituted good cause under section 361(2), so time to appeal was extended.
Criminal procedure – extension of time to appeal – section 361(2) Criminal Procedure Act – good cause required – prisoner's sickness and incarceration as grounds; once delay satisfactorily explained, extension should ordinarily be granted.
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27 August 2024 |
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27 August 2024 |
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22 August 2024 |
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22 August 2024 |
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22 August 2024 |
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16 August 2024 |
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15 August 2024 |
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15 August 2024 |
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15 August 2024 |
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15 August 2024 |
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14 August 2024 |
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13 August 2024 |
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13 August 2024 |
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9 August 2024 |
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2 August 2024 |
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1 August 2024 |
| July 2024 |
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24 July 2024 |
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Letters of administration revoked for failure to file inventory and mismanagement, though no fraud proved.
Probate law – Revocation of letters of administration – Failure to file inventory and mismanagement as grounds under section 49(1) of the Probate and Administration of Estates Act. Probate procedure – Requirement to exhibit inventory within time ordered by court; consequences of non-compliance. Administration of estates – Duties of an administrator to act faithfully, deposit sale proceeds appropriately, and include all heirs in distributions.
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22 July 2024 |
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22 July 2024 |
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22 July 2024 |
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22 July 2024 |