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Citation
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Judgment date
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| March 2026 |
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Interim injunction denied where applicant failed to establish a prima facie case or sufficiently identify the disputed land.
Civil procedure — Interim injunction — Requirement of a prima facie case and bona fide contest — Necessity of clear identification and coherent linkage between sale agreement and registered title — Insufficiency of inconsistent property descriptions — Balance of convenience and irreparable harm not shown.
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13 March 2026 |
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The appellant proved ownership by continuous use despite no written title; trial decision set aside.
Land law — Proof of ownership by long continuous occupation and use; burden of proof (s.117 Evidence Act); re-evaluation of oral evidence on appeal; Hemed Said v Mbilu principle; operation vijiji context.
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12 March 2026 |
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Appellant's conviction quashed due to unsafe visual identification and conflicting vehicle registration evidence.
Criminal law – Visual identification – identification parade – necessity of antecedent detailed description – weaknesses in night-time identification; evidential contradictions in vehicle registration numbers; failure to prove charge beyond reasonable doubt.
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5 March 2026 |
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Conviction quashed where identity relied on unsafe dock identification without an identification parade.
Criminal law — Sexual offences — Statutory rape — Proof of age and penetration — Identification — Necessity of identification parade — Dock/post-arrest identification unsafe without parade or excluding circumstantial evidence.
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5 March 2026 |
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Conviction on a substituted/non-existent charge requires quashing and retrial despite reassignment procedural irregularity.
Criminal law – substitution of charge and conviction on non-existent charge – retrial as remedy; reassignment of magistrate without reasons – jurisdictional irregularity and prejudice; admission of exhibits not read – not fatal where accused understood contents.
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5 March 2026 |
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Appeal allowed: appellants' convictions quashed for unreliable visual identification and absence of identification parade.
Criminal law – Visual identification of strangers – necessity of identification parade – delay between incident and arrest – reliability of dock identification – insufficiency of evidence to prove offence beyond reasonable doubt.
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5 March 2026 |
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Conviction for unnatural offence quashed where penetration proved but identity of assailant remained in reasonable doubt.
Criminal law – Unnatural offence – Proof of penetration; Identification – reliance on victim’s testimony; when identity doubtful conviction unsafe; Child witnesses – attendance of social welfare officer (amendment not yet in force); Forensic/DNA evidence may be necessary where identity is disputed.
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5 March 2026 |
| February 2026 |
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Whether a third party may impugn a certificate of title issued in the respondent’s name (when a minor) and displace title by insufficient evidence.
Land law – validity and effect of a certificate of title – title issued in name of minor; Capacity of minors – challenge by third parties; Evidentiary burden in land ownership disputes; Permanent injunction to protect possession.
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27 February 2026 |
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Court admits DNA cap; procedural compliance issues affect weight, not admissibility; objections overruled.
Evidence — DNA evidence; admissibility versus weight; chain of custody, consent and documentation under Human DNA Regulation Act; Evidence Act s.154(3)–(4) discretion to admit interdependent facts
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27 February 2026 |
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High Court has jurisdiction to hear breach-of-contract claims arising after formation of government procurement contracts.
Procurement law — Jurisdiction — Distinction between procurement/tender challenges and post-contract breach of contract — "Tenderer" defined — Sections 119–123 — Exhaustion of procurement remedies not required for civil enforcement of concluded contracts.
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20 February 2026 |
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The plaintiff's suit was struck off because the school lacked legal personality and the relevant authority was not sued.
Civil procedure – Capacity to sue – Government school lacks separate legal personality; proper defendant is the relevant local authority or ministry. Civil procedure – Cause of action – No cause of action against district official where relevant authority is not joined. Procurement law – Distinction between procurement/tender challenges and breach of contract; breach of contract claims are justiciable in ordinary courts
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20 February 2026 |
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Court struck out claim against a government school lacking legal personality and ordered suit to be brought against the proper local authority.
Civil procedure – jurisdiction in procurement-related disputes; Procurement Act – scope limited to tenderers; Contract law – breach of contract claims justiciable in ordinary courts; Legal personality – government schools lack separate juristic status; Public bodies – suits must be against local government authority or ministry, not individual officers; Incompetent parties – striking out for improper party joinder.
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20 February 2026 |
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A successful CMA condonation is interlocutory and not revisable by the High Court; revision struck off, costs each party.
Labour law – Condonation applications – Final versus interlocutory orders – Revision jurisdiction of the High Court over CMA decisions – Order test and application test of finality.
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20 February 2026 |
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Exemptions for experienced public legal officers do not unlawfully discriminate; petition challenging them dismissed.
Constitutional law — equality and non‑discrimination — exemptions in professional qualification statutes — Law School Act s.2(2)–(3) and GN No.839/2023 — presumption of constitutionality — reasonable classification — Advocates Act s.16 alternative admissions route — legislative intent (Hansard) — Chief Justice scrutiny.
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17 February 2026 |
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Statutory exemption allowing public‑sector lawyers Roll admission without Law School training was discriminatory and void.
:[
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17 February 2026 |
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Appeal against rape conviction dismissed; appellate court found victim credible and evidence sufficient.
Criminal law – Rape – Credibility of complainant and child witness – Corroboration by circumstantial and medical evidence – Delay in medical examination justified – Appellate re-evaluation of evidence.
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12 February 2026 |
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Court upheld appellant’s conviction, finding jurisdiction proper, civil remedies inapplicable, and valuation and evidence sufficient.
Criminal procedure – scheduled offences and concurrent original jurisdiction – no requirement to try at lowest court; Criminal Procedure Act s.4(3) – principle of last resort and exhaustion of civil remedies only where pre-existing civil arrangement or misuse of process; Charge particulars – omission of specific hour not always material; Evidence – sufficiency of eyewitness testimony; Valuation and Valuers Registration Act – competency and admissibility of government valuer’s valuation report for crop damage.
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12 February 2026 |
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Statutory rape conviction upheld: prompt complaint, medical evidence and admissible cautioned statement proved the offence.
Criminal law — Statutory rape; child victim — earliest opportunity identification and medical corroboration; admissibility of cautioned statement; protection of child identity; preliminary hearing witness listing not mandatory in subordinate courts; chain of custody.
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12 February 2026 |
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Appeal dismissed for failure to prove ownership by preponderance; conflicting evidence and lack of occupation proof.
Land law – proof of ownership – preponderance of probabilities – conflicting evidence on land dimensions and origin – lack of evidence of occupation/use – appeal dismissed; no order as to costs.
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12 February 2026 |
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Tribunal validly allowed withdrawal under Regulation 17; appellant's right to be heard not infringed because he was represented.
Land law – Withdrawal of suit under Regulation 17(1) – Right to withdraw – Procedural fairness – Right to be heard and legal representation – Typographical errors and the oxygen principle – Fresh suit available despite withdrawal.
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5 February 2026 |
| January 2026 |
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Tribunal had jurisdiction; auction was invalid due to lack of proper public notice, expired auctioneer licence and stale valuation, negating bona fide purchaser protection.
Land law – mortgagee’s power of sale – duty of care to obtain best price; auction procedure – 14 days public notice, valid auctioneer’s licence; valuation validity; bona fide purchaser protection limited where sale illegal; tribunal jurisdiction and effect of prior settlement.
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29 January 2026 |
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Failure to hear applicant on court‑raised illegality renders decision nullity; matter remitted for retrial and hearing on disputed clan minutes.
Administrative law – Right to be heard – audi alteram partem – court raising illegality suo motu – failure to afford hearing renders decision a nullity – probate law – competency of clan meeting minutes – remittal for retrial before different magistrate.
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8 January 2026 |
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Appeal allowed: orders declaring ownership and directing attachment were nullities for lack of fair hearing; omnibus application found competent.
Civil procedure – omnibus chamber summons – when combining interrelated prayers is permissible; Right to fair hearing – nullity of orders issued without hearing; Ex parte judgment – application for extension of time and setting aside; Execution orders issued in interlocutory proceedings – validity and appealability; Revisionary jurisdiction and remittal for fresh hearing.
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7 January 2026 |
| December 2025 |
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Leave granted to seek certiorari and mandamus over alleged failure to consider evidence and denial of hearing.
Administrative law – Judicial review – Leave to apply for certiorari and mandamus – Alleged denial of right to be heard – Failure to consider evidence by employer and appellate authorities – Regulation 62(2) of Public Service Regulations – Arguable/prima facie case – Standing and timeliness.
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12 December 2025 |
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Section 71 bars recovery of dowry given in contemplation of marriage once the marriage is contracted.
Law of Marriage Act s.71 – gifts/dowry given in contemplation of marriage become recipient’s absolute property once marriage contracted; no right of action to recover such gifts after marriage; proof of legal dissolution required for recovery; conciliation proceedings (BAKWATA) do not displace statutory effect.
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12 December 2025 |
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Leave granted for judicial review of a presidentially‑affirmed termination; leave stage requires arguable case and exhaustion of remedies.
Judicial review — leave to apply — certiorari, mandamus, prohibition — exhaustion of alternative remedies — leave stage not for probing merits — arguable case requirement — allegations of bad faith/backdoor appeal.
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12 December 2025 |
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Recall of witnesses and mid‑trial change of assessors without valid reason vitiated the tribunal’s proceedings, ordering retrial.
Land law – District Land and Housing Tribunal procedure – Pleadings and annexures (mediation certificate); Evidence Act s.147(4) – recall of witnesses; change of assessors during trial; procedural irregularity vitiating proceedings; retrial ordered.
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12 December 2025 |
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The respondent’s claim to recover deceased’s land dismissed as time‑barred under the Law of Limitation.
Limitation of actions — Law of Limitation Act s.9(2) — Cause of action to recover deceased’s estate accrues on date of death — Twelve‑year limitation period — No applicable exception — Suit dismissed as time‑barred.
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12 December 2025 |
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Applicant proved lawful ownership; council’s fence is trespass absent proof of compensation and lawful acquisition.
Land law – ownership and possession – proof of acquisition/compensation by public authority – burden and admissibility of valuation/compensation records – trespass and declaratory relief – injunction and demolition of unauthorised fence.
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11 December 2025 |
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Child’s unsworn testimony and medical evidence sustain conviction; sentence reduced from life to 30 years.
Criminal law — Sexual offences involving a child of tender years — Victim’s unsworn testimony and medical evidence as primary proof — Evidence Act s.127(2)/s.135(6),(7) — Admissibility and reliability of child evidence — Delay and minor contradictions not fatal — Alibi and claimed disability insufficient — Sentence reduction from life to 30 years.
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9 December 2025 |
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Court granted 30-day extension to file notice of appeal due to technical withdrawal, no order as to costs.
Extension of time – Law of Limitation Act s.14 – discretion to grant extension – requirement of good cause – technical/procedural withdrawal of earlier appeal as sufficient cause – Mumello v. Bank of Tanzania and subsequent authorities
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8 December 2025 |
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Appeal allowed: convictions quashed due to inadequate identification and unreliable, conflicting cautioned statements.
Criminal law – Armed robbery – Identification at scene – Admissibility and reliability of cautioned statements – Repudiation and conflicting confessions – Need for corroboration – Unsafe conviction and sentence set aside.
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4 December 2025 |
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Whether the respondent maliciously prosecuted the applicant; court held no malice and reasonable probable cause existed.
Malicious prosecution — elements — malice; reasonable and probable cause; refiling withdrawn charge does not alone prove malice; evidential weight of witness identification and circumstances.
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4 December 2025 |
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Conviction for armed robbery quashed due to ownership doubts and improperly admitted documentary evidence.
Criminal law — armed robbery — identification and proof of stolen property; admissibility of documentary exhibits (sale agreement, registration card); ownership conflict and reasonable doubt; conviction quashed.
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4 December 2025 |
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Procedural unfairness (improperly procured interpreter and amended charge) led to quashing of conviction and no retrial.
Wildlife offences – procedural fairness – amendment/substitution of charge – use of interpreter procured by prosecution v. court – improper procedure vitiating trial – weak prosecution evidence – quashing proceedings; no retrial ordered.
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4 December 2025 |
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Conviction quashed where victim's age was insufficiently proved and preliminary hearing procedures were not followed.
Criminal procedure — Preliminary hearing — requirement to read over and explain facts to unrepresented accused; Proof of age in statutory rape — sources and sufficiency; Effect of a silent preliminary hearing record — admissions worthless; Unsafe conviction — quashed.
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4 December 2025 |
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Non-joinder of the purchaser in a land dispute is fatal; ward mediation irregularity alone is not necessarily dispositive.
Land law – mandatory ward mediation – admissibility of evidence in mediation – ‘finding’ by a Ward Tribunal – non-joinder of purchaser as necessary party – quashing and remitting for joinder and rehearing.
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4 December 2025 |
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The applicant obtained a stay so contractual adjudication and arbitration must precede court determination.
Arbitration — stay of proceedings under section 15 Arbitration Act — enforcement of contractual adjudication and arbitration clauses — requirement to acknowledge or answer proceedings (section 15(3)) — timing/time-bar issues — courts’ duty to enforce pacta sunt servanda in dispute-resolution clauses.
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2 December 2025 |
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Court granted interim letters of administration under section 38 to preserve and manage the estate, prohibiting distribution without court direction.
Probate law – Administrator pendente lite (pendente Ute) – Section 38 Probate and Administration of Estates Act – Court discretion to appoint interim administrator – Preservation and management of estate – Limitation: no distribution without court order.
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2 December 2025 |
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An appeal from objection proceedings is impermissible; District Court lacked jurisdiction and the appeal was dismissed.
Civil procedure — Objection proceedings — Non-appealability of orders under Order XXI Rule 64 CPC — District Court lacked jurisdiction to hear appeal — High Court’s revisionary power under section 44 Magistrates' Courts Act — Remedy by institution of fresh suit to establish proprietary rights.
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1 December 2025 |
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Proceedings by unauthorized representatives lacked locus standi and were declared a nullity; tribunal decision set aside.
Civil procedure — Locus standi — Representation/power of attorney — Holder of power of attorney cannot sue in own name — Proceedings by unauthorized representatives vitiate jurisdiction and are nullity.
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1 December 2025 |
| November 2025 |
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Applicant granted leave to seek judicial review of termination for arguable procedural and natural justice defects.
Judicial review — Leave to apply — Arguable case and sufficient interest — Six-month limitation — Disciplinary proceedings held concurrently with criminal prosecution — Natural justice and procedural impropriety — Remedies: certiorari, mandamus, prohibition.
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28 November 2025 |
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Court granted leave for judicial review, finding an arguable, timely challenge to procedural unfairness and introduction of new evidence.
Judicial review — Leave to apply — Requirement to show arguable case, compliance with six-month time limit and sufficient interest; procedural fairness — introduction of new evidence at appellate/review stage; natural justice; illegality and procedural impropriety
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28 November 2025 |
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Appeal dismissed: victim and medical evidence proved rape and impregnating a 14‑year‑old beyond reasonable doubt.
Criminal law – Rape and impregnating a schoolgirl – victim testimony and medical evidence (PF3) corroboration – minor contradictions in witnesses’ accounts – delay in naming suspect by a child victim – omissions in investigation not necessarily fatal.
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28 November 2025 |
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Failure to record cross‑examination and assessors' opinions vitiated the tribunal's proceedings; matter remitted for retrial.
Procedural law — Cross-examination — Proper recording of questions and answers — Right to be heard/natural justice; Assessors — Mandatory involvement, written opinions and reading to parties per s.23 Land Disputes Courts Act and Reg.19(2); Revisionary powers of High Court under ss.42–43 — Nullity of proceedings and retrial (trial de novo).
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28 November 2025 |
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Conviction for murder based on cogent circumstantial evidence and an extrajudicial confession; cautioned statement excluded.
Criminal law – Murder – Circumstantial evidence – Extrajudicial confession before Justice of the Peace – Cautioned statement excluded for procedural defects – Malice aforethought – Death sentence.
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28 November 2025 |
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Court dismissed premature death objection and ordered amendment for vague pleadings and land particulars.
Civil procedure — Preliminary objection — Pure point of law vs mixed question of law and fact; failure to prove death of defendants — no judicial notice; Pleadings — Order 6 Rule 2 and Rule 17 — vague and embarrassing pleadings; Particulars of land — Order 7 Rule 3 — need to particularise each defendant’s parcel; Remedy — amendment of Plaint, not striking out.
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27 November 2025 |
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Conviction quashed for unsafe identification; appellant ordered released unless lawfully detained.
Criminal law — Identification/recognition evidence — Insufficient description and inconsistent witness accounts — Conviction unsafe — Appeal allowed and sentence quashed.
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27 November 2025 |
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Land recovery claim dismissed as time‑barred under Limitation Act; locus‑standi challenge failed for lack of probate evidence.
Limitation of actions – recovery of land – accrual on date of death (s.9(1) Limitation Act) – administrator treated as claiming from date of death (s.35) – preliminary objection on limitation as jurisdictional issue – locus standi of administrator – requirement to produce probate orders to show revocation/expiry.
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24 November 2025 |
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Extension of time refused where applicant failed to show sufficient cause or clear illegality and delay was inordinate.
Civil procedure — Extension of time — Applicant must show sufficient cause or good cause — Illegality relied upon must be apparent on the face of the record — Inordinate and unexplained delay disentitles applicant to enlargement of time — Court’s discretion to grant extension.
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21 November 2025 |