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Nukuu
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Tarehe ya hukumu
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| Novemba 2023 |
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Criminal law – Sexual offences – Sufficiency and credibility of victims’ evidence – Material contradictions and delayed reporting – Documentary evidence (PF3): admission and requirement to read contents; failure to read is incurable – Trial court’s duty to evaluate defence evidence – Appeal dismissed.
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2 Novemba 2023 |
| Agosti 2023 |
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Civil procedure — Extension of time — Rule 10 Court of Appeal Rules — applicant must account for delay but technical delay excusable; diligence required
Illegality — apparent illegality of impugned decision justifies enlargement of time
Jurisdiction — when concurrent proceedings in different jurisdictions and commencement of statute raise arguable points, appealability should be allowed
Authorities — Bushiri; Lyamuya; Fortunatus Masha; Principal Secretary v. Devram Vallambia
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9 Agosti 2023 |
| Juni 2023 |
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Jurisdiction – Kadhi's Court exclusive jurisdiction over Muslim matrimonial matters – pleadings converting civil suit into matrimonial dispute – wrongful assumption of jurisdiction by High Court renders proceedings a nullity – invocation of section 4(2) AJA to set aside decree; refer to Kadhi's Court Act.
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13 Juni 2023 |
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Criminal law – proof beyond reasonable doubt; visual identification at night – Waziri Amani principles; variance in particulars – duty to amend under s.219 Criminal Procedure Act; failure to tender exhibits and negative/absent DNA evidence; appellate interference with concurrent findings when misdirection/non-direction exists.
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12 Juni 2023 |