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Citation
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Judgment date
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| 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 |
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Eyewitness identification and an admitted confession proved the accused guilty of murder beyond reasonable doubt.
Criminal law – murder – eyewitness identification; admissibility and weight of extra‑judicial confession; cause of death by post‑mortem (traumatic brain injury); assessment of alibi and coercion claims.
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30 June 2023 |
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30 June 2023 |
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High Court retains jurisdiction; AG consent not required absent trust-remedy claims; misnomer cured by amendment.
Civil procedure – jurisdiction of High Court – Article 108(2) Constitution – suit not shown to fall within exclusive subordinate court jurisdiction. Civil procedure – section 67 Civil Procedure Code – AG consent required only where plaint alleges breach of public/charitable/religious trust or seeks specified trust remedies. Corporate identity – misnomer between plaint and certificate of incorporation – curable by amendment under Order VI r.17. Relief – preliminary objections: first and second overruled, third upheld to the extent amendment ordered.
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30 June 2023 |
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Alleged illegality of the appellate judgment justified extension of time despite inadequate accounting for delay.
Civil procedure – extension of time – applicant must account for each day of delay; delay alone without sufficient explanation fatal. Extension of time – alleged illegality of impugned decision – sufficient ground to grant extension despite unexplained delay (VIP Engineering principle). Family law – appellate correction: trial court’s orders on presumed marriage and ancillary relief versus appellate direction to file civil suit.
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30 June 2023 |
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Tribunal erred in striking out land claim on limitation ground without hearing evidence; matter remitted for retrial.
Land law – limitation – whether suit by administrator is time-barred – procedural impropriety where tribunal sustains preliminary objection and strikes out suit without hearing evidence – remittance for retrial.
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28 June 2023 |
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A petition of appeal filed after the statutory 45‑day period is time‑barred; the applicant must obtain leave to extend time.
Criminal procedure — Appeal time limits — Section 361(1)(b) CPA — forty‑five day limit for petition of appeal from District Court to High Court — time for obtaining copies excluded — effect of striking out with leave to refile does not reset limitation period — need for leave to appeal out of time.
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28 June 2023 |
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Victims’ credible testimony sufficed to prove rape; medical report was corroborative only and conviction amended to rape.
Criminal law – Sexual offences: attempted rape versus rape – prosecutrix testimony as primary evidence; medical evidence corroborative, not conclusive; penetration however slight sufficient to constitute rape; accused’s right to cross‑examine and consequences of failing to exercise it; substitution of conviction and sentencing.
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28 June 2023 |
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Failure to account for delay and unsubstantiated illness claim justified refusal of extension to file revision; appeal dismissed with costs.
Land law — extension of time to file revision — requirement to account for delay and show sufficient cause. Civil procedure — service of judgment and effect of failing to rebut counter-affidavit. Evidence — need for corroboration of illness/inability to prosecute. Procedural law — illegality in lower court decision not automatically ground for extension.
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26 June 2023 |
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Whether an administrator’s right to sue accrues on dispossession or on grant of letters of administration.
Limitation law – accrual of right to recover land; dispossession/adverse possession vs proprietor's death; distinction between executor and administrator; application of sections 9(1),(2), 24(1), 33 and 35 of the Law of Limitation Act; administrator’s cause of action runs from grant of letters of administration.
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22 June 2023 |
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An equivocal guilty plea that fails to disclose all offence elements renders ensuing convictions unsafe and must be quashed.
Criminal law — Plea of guilty — Requirements for an unequivocal plea: charge properly framed; accused understands charge; facts read must disclose all elements — Failure to state essential ingredient (abduction: detention/taking against will), variance in particulars (victim identity/place) renders plea equivocal and conviction unsafe — Remedy: nullify plea proceedings, quash convictions and set aside sentences, immediate release where appropriate.
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22 June 2023 |
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Application for extension of time struck out as incompetent since the High Court had already dismissed the appeal.
Criminal procedure – extension of time – application incompetent where intended appeal already dismissed by same court – court functus officio. Procedural law – futility of remedy – granting extension of time to pursue a misconceived or futile application does not constitute good cause. Appellate procedure – proper remedy against a High Court dismissal is appeal to the Court of Appeal, not re-opening before the same court.
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20 June 2023 |
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Court upheld conviction for unlawful possession of Government trophy, finding evidence, independent witness and valuation sufficient.
Wildlife Conservation Act – unlawful possession of Government trophy – proof of possession; search and seizure – independent witness requirement; chain of custody – materiality of timing; cautioned statement – prosecution's election to tender evidence; non-arraignment of third party – effect on conviction.
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15 June 2023 |
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Revision challenging sale order dismissed as time‑barred, overtaken by sale, and not a substitute for appeal.
Civil procedure — Revision v. appeal — Right of appeal ousts ordinary revision jurisdiction absent exceptional circumstances. Limitation — Revision applications challenging court orders must comply with item 21 (60 days) of the Law of Limitation Act; applications filed after the period are time‑barred. Probate — Administration of estates and sale of estate property; possibility of being overtaken by event where sale executed and title transferred. Joinder — Alleged purchaser not joined and sale not pleaded requires evidence; late procedural objections may be disregarded.
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15 June 2023 |
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Administrator’s claim defeated where respondent’s long uninterrupted possession and credibility supported adverse possession, appeal dismissed.
Land law – disposition by surviving spouse; validity of acts without formal appointment as administrator – adverse possession/long prescription under Limitation Act – assessment of witness credibility and effect of minor contradictions on title disputes.
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15 June 2023 |
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Mutual separation agreement valid; applicant failed to prove fraud, undue influence or invalidity.
Labour law – Validity of mutual separation agreement – Consent, fraud and undue influence – Formalities (witness/signing all pages) – Employer’s evidential burden under section 39 Employment and Labour Relations Act – Estoppel by conduct.
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15 June 2023 |
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Court upheld respondent's ownership, voided vague sale agreements, and expunged defective locus in quo proceedings, dismissing the appeal.
Land law – proof of partnership and capacity to hold land – use of BRELA registration and oral testimony to establish partnership existence. Contract law – sale of land – requirement of sufficient description of subject matter; s.29 Law of Contract Act (agreements not capable of being made certain are void). Civil procedure – locus in quo visits – requirements (oath, record, cross-examination, sketch plan) and expungement where procedures not followed. Appellate review – first appeal as rehearing; re-evaluation of evidence and retention of substantive findings supported by record.
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15 June 2023 |
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Court granted extension for inmate to file notice and appeal despite missing affidavit and lack of precise dates.
Criminal procedure – Extension of time – Application for leave to lodge notice and petition of appeal out of time; Good cause – reliance on relative to procure counsel; Prison assistance to inmates – supplementary not determinative; Absence of relative's affidavit and failure to account for each day – may be mitigated by consistent, credible explanation and hardship.
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15 June 2023 |
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A voluntary mutual separation agreement precludes an unfair-termination compensation claim absent proven fraud or undue influence.
Labour law – mutual separation agreements – validity and binding effect; requirements to vitiate agreement (fraud, undue influence, coercion). Burden and assessment of evidence on allegations of duress; estoppel against denying one's signed agreement. Remedies for unfair termination – interplay between mutual separation and section 40(1) compensation claims.
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15 June 2023 |
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Applicant's failure to file defence and show good cause justified ex parte hearing and dismissal of the appeal.
Land law – Procedural compliance – Regulation 7 LDCR 2003 – Duty to file written statement of defence and to apply for extension on good cause; Ex parte proceedings – legitimacy where defendant fails to file pleadings or appear; Mention dates – procedural convenience not a bar to adverse orders.
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14 June 2023 |
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Appeal dismissed: documentary title and weight of evidence favoured the respondent; applicant failed to prove ownership or fraud.
Land law – ownership dispute – admissibility and weight of evidence – original documents required; summary/secondary documents inadmissible unless properly proved – allegations of fraudulent title must be substantiated; survey and registration (1980) displace customary ownership absent proof or entitlement to compensation – appellate review limited to assessment of evidence weight.
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14 June 2023 |
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An unregistered association cannot claim pre‑registration land title; appellant failed to prove ownership and appeal dismissed.
Land law – proof of title – allocation form and rent receipts insufficient to vest title absent valid acceptance and issuance of offer/right of occupancy; contractual acceptance must be absolute; legal personality and capacity to own property derives from date of registration; burden of proof for ownership lies on claimant (s.110 Evidence Act).
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13 June 2023 |
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Presumption of marriage under s160 requires factual proof and Primary Courts may hear such customary-law claims despite procedural misfiling.
Law of Marriage Act s160 — presumption of marriage requires factual proof; jurisdiction — Primary Courts and courts under s76 are competent to hear presumption claims and customary-law asset disputes; procedural formalities — filing as a civil suit does not necessarily oust jurisdiction or invalidate orders; matrimonial proceedings v. civil suit distinction; overriding-objective principle preserves proceedings.
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13 June 2023 |
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A court must first prove the existence and form of a marriage before granting a divorce decree.
Family law — Divorce — Court must be satisfied of existence and form of marriage before granting divorce; necessity of particulars and marriage certificate (Law of Marriage Act ss.25,33,55,106,107); appellate power to order retrial de novo if trial court failed to establish jurisdictional facts; summary rejection of frivolous appeals (Magistrates' Court Act s.28(3)).
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13 June 2023 |
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A party’s failure to follow proceedings and unpleaded alleged illegality do not justify setting aside an ex parte judgment.
Land law – extension of time to apply to set aside ex parte judgment – requirement to show good cause; service of summons and court record as conclusive evidence; party’s duty to follow proceedings despite engaging an advocate; unpleaded illegality/new issues cannot be raised on appeal.
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13 June 2023 |
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Court granted the applicant a 21-day extension to file an appeal due to technical delay in supplying trial records.
Land law – extension of time – s.41(2) Land Disputes Courts Act – technical delay in supply of certified records as ground for extension. Civil procedure – extension of time – application of Lyamuya principles (length and reasons for delay, prejudice, illegality). Procedural irregularity – failure to describe land alleged but relief granted mainly on technical delay and diligence. Effect of prior struck-out application – does not bar fresh relief where substantive delay shown.
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13 June 2023 |
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Appeal allowed: plaintiff failed to prove title to disputed land due to missing documents and contradictory evidence.
Land law – proof of title by sale – failure to tender written sale agreement and absence of sale witnesses; credibility and contradictions in oral testimony; identification of boundaries; long possession/adverse possession; appellate re-evaluation of evidence.
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13 June 2023 |
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Inordinate delay and contradictory evidence defeated an application for extension of time; appeal dismissed with costs.
Land law – extension of time – requirement to show sufficient cause – inordinate delay and contradictory evidence defeat extension; failure to file written submissions amounts to waiver; alleged illegalities overtaken by execution.
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13 June 2023 |
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Court upheld that the contested Tuleane house was matrimonial property and affirmed its distribution between the parties.
Matrimonial property – classification and division – whether a disputed house constitutes matrimonial assets based on sale agreement and witness testimony. Appellate review – concurrent findings of fact – refusal to disturb lower courts’ factual findings supported by documentary and unchallenged testimony. Evidence – probative value of sale agreement and witness credibility in property ownership disputes.
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13 June 2023 |
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Prison transfer and delayed supply of judgment constituted sufficient cause to extend time to file appeal documents.
Criminal procedure – Extension of time to file notice of intention to appeal and petition of appeal – s.361(1)&(2) Criminal Procedure Act – prison transfers and delayed supply of judgment as sufficient cause – applicant's diligence on receipt of documents.
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8 June 2023 |
| May 2023 |
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High Court enforces finality of unappealed tribunal orders, demands strict proof for specific damages, and requires diligent, timely appeals.
Civil procedure – execution of unappealed tribunal/judgment – objection to jurisdiction at execution stage; finality of unappealed decisions. Evidence – burden and standard of proof for specific damages; requirements under Sale of Goods Act s.6(2) for enforceable contracts. Land procedure – setting aside dismissal for non‑appearance – discretion under regulation and sufficiency of reasons. Civil procedure – extension of time to appeal – Lyamuya criteria (account for delay, diligence, inordinate delay, and illegality). Ex‑parte proceedings – procedural safeguards and requirement to seek set‑aside at trial level. Criminal procedure – notices of intention to appeal – time limits under Criminal Procedure Act (s.360–361).
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31 May 2023 |
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31 May 2023 |
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A notice of intention to appeal filed after the statutory ten-day period renders the appeal incompetent and is struck out.
Criminal procedure – Appeal – Notice of intention to appeal – Requirement to give notice within ten days under s.361(1)(a) – Late notice renders appeal incompetent – Delay allegedly caused by prison officers not a sufficient excuse – Remedy: application for extension of time and leave to appeal out of time.
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31 May 2023 |
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30 May 2023 |
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29 May 2023 |
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29 May 2023 |
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High Court upheld setting aside of ex-parte judgment, finding no abuse of process or jurisdictional defect.
Civil procedure – setting aside ex-parte judgment – Order XX, Rule 9 & s.95 CPC – extension of time – functus officio – abuse of court process – power of attorney – locus standi – admissibility of passport evidence.
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9 May 2023 |
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Sale of registered land by an administrator without first registering title in their name is void; appeal dismissed.
Land law — Transfer by legal personal representative — Requirement to register estate in representative's name before disposition (Land Registration Act ss.67–68) — Sale without such registration void ab initio; Equity — purchaser in default/unclean hands cannot claim relief; Procedure — use of Kiswahili in tribunal records lawful after Written Laws (Miscellaneous Amendment) Act No.1 of 2021.
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9 May 2023 |
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A tribunal wrongly struck out a land claim as time‑barred; retrial ordered to determine when the cause of action accrued.
Land law – limitation of actions – accrual of cause of action in claims to recover land of a deceased person; Limitation Act (ss.9(1), 24(1), 24(2), 35); tribunal’s power to raise suo motu preliminary objection; procedural fairness – necessity of inquiry into accrual before striking out; retrial ordered.
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8 May 2023 |