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Citation
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Judgment date
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| September 2023 |
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Delay in receiving copies of judgment can constitute good cause for extension of time to seek leave to appeal.
Civil procedure – extension of time to file application for leave to appeal – s.11(1) Appellate Jurisdiction Act and s.14(1) Law of Limitation Act – delay in supply of copies of judgment as good cause – application of Lyamuya factors (account for delay, length, diligence, point of law).
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19 September 2023 |
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Court records and adopts the parties’ lawful deed of settlement as a consent judgment, resolving the unpaid levy dispute.
Civil procedure – Consent judgment – Recording and registering a deed of settlement under Order XXIII, Rule 3 of the Civil Procedure Code. Settlement – Summary suit – Compromise of disputed claims and adoption of payment instalment schedule. Release – Mutual discharge of past, present and future claims relating to the suit. Costs – Each party to bear its own costs.
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19 September 2023 |
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Applicant failed to show good cause—illness of relative and financial hardship did not justify extension of time to appeal.
Land law — Extension of time to appeal — Good cause requirement — Illness/death of relative and financial hardship — Need for detailed, plausible, and contemporaneous explanation; financial constraints only exceptional basis if convincingly shown.
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18 September 2023 |
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An appellate court erred ordering retrial and setting aside a valid primary court divorce and property division absent illegality.
Matrimonial law – divorce – division of matrimonial property – consideration of spouses' contribution – retrial – appellate interference only where proceedings or judgment are illegal or defective.
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13 September 2023 |
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Extension granted to file bill of costs due to late supply of order and court delay in admitting online filing.
Land procedure – extension of time to file bill of costs – necessity of attaching copy of court order – online filing/admission delay as good cause – electronic evidence/authentication issues – ex parte procedure where respondent fails to participate.
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11 September 2023 |
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Applicant failed to prove ownership on balance of probabilities; respondent's prior occupation established title.
Land law – ownership dispute – burden of proof – claimant must prove title or possession on balance of probabilities Evidence – credibility and consistency of witnesses – no contradiction where evidence matches pleadings Procedural fairness – tribunal may decide issues arising from pleadings; parties must be heard on added or necessary issues Remedies – allegations of trespass or crop destruction are subsumed if claimant fails to establish ownership Use of prior ward-tribunal dispute as evidential background in civil land disputes
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7 September 2023 |
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Applicant failed to show good cause or account for delay; extension of time to appeal denied.
Criminal procedure – extension of time under s.361(2) CPA – discretionary remedy requiring good and genuine cause. Requirement to account for each day of delay; delay must not be inordinate; applicant must show diligence (Lyamuya factors). Delivery of judgment in absentia or late supply of copies does not automatically constitute sufficient cause without accounting for delay.
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7 September 2023 |
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Court granted extension to file appeal due to applicant's sickness; alleged trial illegality not shown on the record.
Criminal procedure — extension of time to file appeal — discretion of court. Grounds for extension — sickness supported by prison dispensary certificate — valid ground. Grounds for extension — alleged illegality in trial record must be apparent on the face of the record to succeed. Admission of cautioned statement and victim's age — contested but not shown to be facial illegality.
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5 September 2023 |
| August 2023 |
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Appeal dismissed for failure to prove sickness and show good cause to set aside ex-parte judgment.
Land Disputes Courts – Regulation 11(2) – Setting aside ex-parte judgment – requirement to show good cause. Civil procedure – Adjournments for sickness must be supported by credible medical evidence – identity, seal and timing of production relevant. Service – implied notice may suffice where parties cohabit and facts indicate awareness of proceedings.
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31 August 2023 |
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Second appellate court partly allowed the appeal, reducing the respondent's damages and awarding a limited rent refund.
Contract law – lease agreement – existence of lease, termination notice and remedies for breach. Burden of proof – civil standard – balance of probabilities and sufficiency of evidence. Appellate review – scope of second appeal and when interference with lower courts' concurrent findings is warranted. Damages – general damages require reasoned assessment; improper use of leased premises limits recovery for loss. Costs – recovery of advocate's costs requires proper bill of costs; unproven claims disallowed.
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31 August 2023 |
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Prosecution failed to prove the theft element of armed robbery; omission of time was non-fatal and referral inconsistency unfounded.
Criminal law – Armed robbery (s.287A Penal Code) – elements: theft, use of weapon at or immediately after theft, directed against person – requirement to prove theft. Evidence – victim unconsciousness and failure to state who took property – insufficiency and variance with charge. Criminal procedure – omission of time in charge sheet not fatal where time not alleged; contradictions regarding referral not material.
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31 August 2023 |
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Appellant's conviction for unlawful possession of government trophies upheld; sentence reduced to twenty years imprisonment.
Wildlife Conservation Act – unlawful possession of government trophy – proof of possession and evidence of seizure (eyewitness, independent witness, chain of custody, valuation). Burden of proof – section 100(3)(a) WCA shifts onus to accused to show lawful possession once prosecution proves possession. Criminal procedure – no fatal variance between charge and evidence where witness testimony consistently locates arrest. Sentencing – reduction to statutory minimum for first offender where imposed sentence found excessive.
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29 August 2023 |
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Court granted 10-day extension to file notice and petition, finding certified-copy delay and incarceration amounted to sufficient cause.
Criminal procedure – Extension of time under section 361(2) CPA – "Good/sufficient cause" – Delay caused by failure to supply certified copies and incarceration – Time obtaining court records excluded from limitation computation (see Gregory Raphael v. Pastory Rwehabula).
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29 August 2023 |
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Applicant granted leave to seek judicial review over alleged unlawful eviction, cattle detention, and denial of fair hearing.
Judicial review — leave to apply for certiorari and mandamus; statutory six‑month limitation; sufficient interest/prima facie case; procedural fairness (right to be heard, notice, compensation); seizure/detention of cattle and alleged unlawful fines.
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28 August 2023 |
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Appeal dismissed; child and medical evidence established penetration and identity, upholding statutory rape conviction.
Criminal law – statutory rape; proof of penetration – medical evidence (PF3) and clinical officer's testimony; child witness evidence – competency under s.127(2) Evidence Act (promise to tell truth); dowry/bride-price dispute not a defence to statutory rape; appellate review of credibility and sufficiency of evidence.
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28 August 2023 |
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An unsigned trial judgment is a nullity, rendering any appeal incompetent and requiring remittal for a properly signed judgment.
Civil procedure – requirement that judgments be signed and dated (Order XX Rule 3 CPC) – unsigned judgment is a nullity – decree cannot be drawn from unsigned judgment – effect on competency of appeal (Order XXXIX Rule 1 CPC) – remedy: striking out appeal, quashing judgment, setting aside decree and remittal to trial tribunal.
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24 August 2023 |
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A time‑barred application for leave to appeal was struck out; withdrawal refused and no order as to costs.
Civil procedure – Application for leave to appeal – Time limit under Rule 45(a) – Computation of time under s.60 Interpretation of Laws Act – Delay unaccounted for renders application incompetent – Incompetent matters are struck out – Withdrawal not permissible – No costs where respondent unserved.
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23 August 2023 |
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The High Court expunged untendered SMS evidence and allowed the appellant’s appeal due to material contradictions undermining the respondent’s case.
Evidence – Primary Courts – documentary evidence must be tendered and connected by oral testimony (Reg. 11(2) Magistrates' Courts (Rules of Evidence in Primary Courts) Regulations). Evidence – admissibility – untendered exhibits to be expunged. Evidence – contradictions – material inconsistencies among witnesses may go to the root and destroy credibility. Appeals – interference with concurrent findings only where misdirection/misapprehension/miscarriage of justice present. Civil procedure – reliefs and discretionary awards when claims or evidence insufficient.
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23 August 2023 |
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18 August 2023 |
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Technical delay in an appeal (misnaming the originating court) can constitute good cause to extend time for filing appeal documents.
Criminal procedure – Extension of time under section 361(2) – Whether technical delay constitutes good cause to extend time for filing notice and petition of appeal. Procedural irregularity – Appeal struck out for misnaming originating court – remedied by extension when promptly applied for.
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18 August 2023 |
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Whether the applicant's guilty plea was unequivocal and established all elements, including unlawfulness, of the cultivation offence.
Criminal procedure — guilty plea — unequivocal plea requirements — need for facts to establish all elements of offence (including unlawfulness under DCEA) — section 192 CPA not required where guilty plea — exhibits not mandatory if plea unequivocal.
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18 August 2023 |
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Appeal allowed: conviction quashed where alleged loss rested on inadmissible oral proof of an audit and there was a fatal variance in ownership of the money.
Criminal law – burden of proof – prosecution must prove guilt beyond reasonable doubt. Evidence – contents of documents – section 61 Evidence Act prohibits proving document contents by oral evidence. Criminal procedure – variance between charge and evidence – requirement to amend charge under section 234 CPA. Conviction and sentence quashed where material defects in prosecution case.
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17 August 2023 |
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16 August 2023 |
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Partial interim injunction granted to prevent disposal of disputed assets pending ownership determination, other prayers refused.
Civil procedure – Interim injunction – Attilio v Mbowe test: triable issues, irreparable harm, balance of convenience; partial injunction granted to restrain disposal/alienation/leasing of disputed assets pending trial; broader restraints on employment actions and unspecified bank withdrawals denied for lack of specificity.
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16 August 2023 |
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16 August 2023 |
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15 August 2023 |
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Court granted extension to appeal for excusable technical delay and prisoner-related impediments.
Criminal Procedure Act s.361(2) — extension of time to appeal; technical delay excusable where earlier appeals were struck out; prisoner’s limited capacity and reliance on prison authorities as relevant factor; notice of intention to appeal — time extended.
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15 August 2023 |
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Sickness (epilepsy) proved by medical certificate constituted good cause to extend time to file appeal documents.
Criminal procedure – extension of time under section 361(2) CPA – "good cause" test – sickness (epilepsy) as acceptable ground – proof by medical certificate – omission of judgment date not necessarily fatal.
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9 August 2023 |
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Appeal allowed: convictions quashed for unreliable visual identification, contradictory evidence and mismatch between charged and proved property.
Criminal law – armed robbery – elements of the offence – necessity for proof of stolen items matching the charge. Evidence – visual identification – conditions for watertight identification; identification parade where suspects unknown. Evidence – confession of co-accused – reliability and requirement of credible independent witnesses. Evidence – authenticity of court record – presumption of regularity.
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7 August 2023 |
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Non-compliance with s.192 CPA and failure to prove trophy valuation vitiated conviction for unlawful possession of a Government trophy.
Criminal procedure — Section 192 CPA — Preliminary hearing — Requirement to read and explain memorandum of agreed facts to accused; non-compliance vitiates preliminary hearing. Evidence — Chain of custody and identification — Gaps in custody and absence of evidence of valuation undermine reliance on trophy valuation certificate. Wildlife law — Unlawful possession of Government trophy — Identification and proven valuation are essential ingredients of the offence. Admissibility — Failure to read admitted document (inventory/disposal) to accused = expunge from record.
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7 August 2023 |
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Plaintiff entitled to administratrix appointment; unchallenged clan nomination and intestacy rules outweigh a caveat alleging prior distribution.
Probate law – letters of administration – entitlement where deceased died intestate – petitioner who is child entitled under intestacy rules may be appointed. Evidence – family/clan meeting minutes – admissibility and weight where unchallenged. Caveat – insufficiency of a caveat based solely on allegation that deceased had distributed assets before death. Administrator’s duty – necessity to file inventory and the limits of appointment-stage determinations under the Probate and Administration of Estates Act (sections 33 and 108).
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4 August 2023 |
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Appeal struck out because the notice of intention to appeal was given to the wrong court contrary to section 361(1)(a) CPA.
Criminal procedure – Notice of intention to appeal – Requirement under section 361(1)(a) CPA that notice be given to the subordinate (trial) court within ten days – Defective notice given to wrong court renders appeal incompetent – Remedy: striking out and advising application for extension of time to give valid notice.
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3 August 2023 |
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Application for leave struck out for reliance on incorrectly cited statutes and inconsistent affidavit dates.
Appellate procedure — leave to appeal — wrong statutory citation/non-existing revision year; supporting affidavit — inconsistent judgment date and potential time-bar under Court of Appeal Rules r45(a); non-citation renders application incompetent; limits of the overriding objective.
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3 August 2023 |
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Extension of time granted to file appeal documents where record is silent on conviction-in-absentia and no prejudice shown.
Criminal procedure – extension of time – section 361(2) CPA – requirements of good cause (cause, length, accounting for delay). Conviction in absentia – record silence on whether accused were informed of conviction raises public-interest and fairness issues. Exercise of discretion – consideration of prejudice to respondent and potential illegality. Orders – extension granted; notices and petitions to be filed within specified days.
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3 August 2023 |
| July 2023 |
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Successor judge’s failure to record reasons for taking over a partly heard case renders ensuing proceedings a nullity.
Civil procedure — Order XVIII, r.10(1) CPC — Successor judge taking over partly heard case must record reasons — Failure to do so renders subsequent proceedings and judgment a nullity — Remedy: quash and remit for retrial.
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31 July 2023 |
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Appellants held to have acquired title by adverse possession; respondent's ownership claim time‑barred and dismissed.
Land law – adverse possession and limitation – elements required for acquiring title by adverse possession – burden of proof in land claims – evaluation of contradictory witness evidence – role of locus in quo inspection and assessors' opinions.
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28 July 2023 |
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Appellant declared owner by adverse possession after uninterrupted cultivation for over thirty years; trial judgment quashed.
Land law – ownership dispute – proof on balance of probabilities – value of long continuous possession and cultivation. Adverse possession – elements: exclusive continuous possession, animus possidendi, statutory period – possession for over twelve years grants title. Evidence – documentary defects and failure to call signing witnesses render instrument inadmissible/afterthought. Appellate review – trial Tribunal erred in evaluation of evidence and departure from assessors' opinion.
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27 July 2023 |
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Failure to tender and link a conciliation certificate under section 101 invalidates the Primary Court's divorce proceedings.
Marriage law – section 101 Law of Marriage Act – requirement of Marriage Conciliation Board certificate before filing divorce petition. Evidence – Magistrates' Courts (Rules of Evidence in Primary Courts) Regulations, 1964, Regulation 11(2) – documentary evidence must be linked with oral testimony to be admissible. Civil procedure – nullification of Primary Court proceedings for failure to prove statutory preconditions to suit.
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26 July 2023 |
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A trial court’s suo motu determination of issues without hearing parties violated the right to be heard and was nullified.
Constitutional right to be heard – Court raising issues suo motu and deciding them without hearing parties – denial of audi alteram partem – decision nullified; Procedural irregularity – striking out for time‑bar and case‑number discrepancy without hearing – remittal for fresh determination; Overriding objective and curable defects – cannot cure denial of hearing absent parties being heard.
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26 July 2023 |
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Court awarded custody to the mother prioritising children's best interests, allowed maternal school choice, and ordered parental maintenance and access.
Child custody – Best interests of the child – School placement and transfer – Adequacy of evidence on school fees – Parental access and maintenance – Appellate intervention in juvenile court orders.
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14 July 2023 |
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Leave to defend summary suit granted where affidavit raised triable issue on service and unpaid levy.
Summary procedure – Order XXXV r.3 CPC – leave to defend – affidavit must disclose triable issue of fact or law – service of demand notices – claim for unpaid service levy TZS 26,364,370.35 – costs follow event.
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12 July 2023 |
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Applicant granted leave to defend summary suit after affidavit raised triable issue on alleged unpaid service levy.
Summary procedure – Order XXXV r.3(1)(b) CPC – leave to defend – applicant’s affidavit must disclose sufficient facts to raise a triable issue – uncontroverted averments where respondents file no counter-affidavit – triable issue on entitlement to alleged unpaid service levy.
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12 July 2023 |
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Illegality in tribunal proceedings can justify an extension of time despite failure to account for each day of delay.
Land law — extension of time — failure to account for each day of delay — illegality in trial Tribunal proceedings — proceedings contrary to High Court orders — illegality as sufficient cause for extension of time.
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12 July 2023 |
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Applicant granted leave to defend summary suit over disputed service levy; directed to file defence within 21 days.
Civil procedure – Summary suit – Leave to defend under Order XXXV r.3(1)(a) CPC – Affidavit must disclose triable issue of fact or law – Dispute as to quantum and payment of service levy – Leave granted.
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12 July 2023 |
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The appellant's plea was equivocal and procedurally defective, so conviction was quashed and the case remitted for trial.
Criminal procedure – Plea of guilty – Section 228 CPA – requirement for unequivocal plea; Preliminary hearing – section 192 CPA – distinction from plea-taking procedure; Appealability – convictions on guilty pleas barred except where plea imperfect, ambiguous or fails to establish elements (Laurent Mpinga; Michael Adrian Chaki); Admissibility/timing of exhibits and necessity to ensure accused appreciates documentary evidence.
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10 July 2023 |
| June 2023 |
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30 June 2023 |
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Conviction for stealing by agent quashed for failure to prove ownership and denial of appellant's right to call a witness.
Criminal law – Stealing by agent – Elements: entrustment, ownership and theft – prosecution must prove ownership and stealing beyond reasonable doubt. Criminal procedure – Variance between charge-sheet and evidence as to date of offence; failure to amend charge-sheet. Fair hearing – Right of accused to call witnesses and to close defence; improper closure of defence and fixing judgment vitiates proceedings. Evidential contradictions – inconsistent caution statement and witness testimony undermining prosecution case.
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30 June 2023 |
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30 June 2023 |
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Failure to inspect the locus in quo and obtain village council evidence required remittal for additional evidence.
Village land – Customary Right of Occupancy – equal status to a Granted Right; Locus in quo inspections – discretionary but necessary where boundaries or demarcations disputed; Allocation evidence – need for village council/assembly corroboration; Appellate power to remit for additional evidence (s.42 Land Disputes Courts Act).
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30 June 2023 |
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Appellant denied right to representation and procedural fairness; proceedings quashed and remitted for retrial.
Land law – procedure – right to legal representation at the District Land and Housing Tribunal (Regulation 13) – adjournment where advocate absent for cogent reason. Civil procedure – duty to read application to all respondents before hearing (Regulation 12(2)). Civil procedure – improper grant of ex-parte orders where respondents/advocate present – denial of procedural fairness. Remedy – quashing of proceedings and remittal for retrial where procedural irregularities undermine the appearance of justice.
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30 June 2023 |