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Nukuu
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Tarehe ya hukumu
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| Disemba 2012 |
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Appellate procedure — leave to appeal required for certain High Court orders — incompetence and striking out of appeal and notice of appeal — extension of time must first be sought in High Court — costs awarded for abortive appeal.
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15 Disemba 2012 |
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* Civil procedure – Appealability – Leave required under section 11(1) Appellate Jurisdiction Act and Rule 47 – Appeal incompetent without leave.
* Civil procedure – Incompetent appeal – striking out appeal and accompanying notice of appeal.
* Civil procedure – Extension of time to file notice of appeal – must be sought first in High Court; Court of Appeal may entertain only after High Court refusal.
* Costs – award where appellant delayed and resisted a meritorious preliminary objection.
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14 Disemba 2012 |
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Civil procedure — Court of Appeal Rules, 2009 — Rule 106(1), (9) and (19) — timeliness of written submissions — Court's discretion to waive or reduce time limits in exceptional circumstances — interest of justice.
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14 Disemba 2012 |
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* Civil procedure – compliance with Court of Appeal Rules, 2009 – Rule 106(1) and (9) – consequences of failing to file written submissions in time.
* Civil procedure – residual discretion – Rule 106(19) permits waiver or reduction of time limits where circumstances are exceptional or hearing must be accelerated in the interest of justice.
* Appeal procedure – preliminary objection on time bar – Court may overrule objection and grant extension where exceptional circumstances exist.
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14 Disemba 2012 |
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Civil Procedure – Court of Appeal Rules 2009, Rule 106(1),(9) and (19) – compliance with filing timelines – discretion to waive time limits for exceptional circumstances and interest of justice; validity of administrative extensions by Deputy Registrar; preliminary objection to time‑barred submissions.
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14 Disemba 2012 |
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* Civil procedure – service of appeal documents – mandatory requirement under Rule 97(1) Court of Appeal Rules, 2009 – failure to serve respondent personally renders appeal incompetent.
* Civil procedure – notice of address for service (Rule 86) does not substitute for personal service required by Rule 97(1).
* Procedural default – invocation of Rule 2 to cure non-compliance with mandatory rules not appropriate where essential steps omitted.
* Remedy – striking out of appeal and costs for failure to comply with mandatory appellate procedure.
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13 Disemba 2012 |
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* Civil procedure – Appeals – Rule 83(1) certificate of delay – must correctly identify the cause and be issued timely to exclude preparation time from the sixty-day appeal period.
* Procedural compliance – defective or improperly dated certificates may be expunged and will render appeals time-barred.
* Costs – where appellant concedes procedural incompetence and gives no reason against costs, costs will be awarded to respondent.
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13 Disemba 2012 |
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Court of Appeal procedure — Rule 97(1) Court of Appeal Rules 2009 — mandatory requirement to serve respondent with memorandum and record of appeal — failure to serve respondent personally renders appeal incompetent — appeal struck out with costs.
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12 Disemba 2012 |
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* Civil procedure – Rule 83(1) certificate of delay – competency and strict compliance – certificate referring to wrong cause number and dated after record filed is defective and must be expunged; without a valid certificate appeal is time-barred. * Procedural law – expungement of defective documents – effect on appeal competence. * Costs – appeal struck out with costs where preliminary objection upheld.
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12 Disemba 2012 |
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Civil procedure – Misjoinder of plaintiffs – Court may raise misjoinder suo motu but must hear parties before making adverse orders; breach of audi alteram partem vitiates decision – Order 1 r.2 Civil Procedure Decree – Remedy: revision and quashing of portion of ruling; reinstatement of suit.
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11 Disemba 2012 |
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Civil procedure – Joinder of parties – Misjoinder of plaintiffs raised suo motu – Duty to afford parties hearing before deciding an issue that adversely affects them – Breach of natural justice vitiates decision.
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7 Disemba 2012 |
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* Criminal procedure – Assessors – Mandatory trial with assessors – Duty of judge to sum up fully and record assessors’ opinions (s.262, s.279 CPA).
* Evidence – Reliance on single child witness – credibility and identification (visual and voice) issues.
* Criminal law – Ingredients of murder and effect of inadequate direction on assessors – miscarriage of justice and retrial.
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6 Disemba 2012 |
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* Civil procedure – Court of Appeal Rules 2009 – power to extend time – Rule 10 vests extension power in the Court (single Justice) and not in Registrar/Deputy Registrar.
* Administrative action – Deputy Registrars administrative letter granting extension was ultra vires where no formal application was made to the Court.
* Rule interpretation – Rule 13(7)(g) does not empower a Deputy Registrar to usurp judicial functions reserved to the Court.
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6 Disemba 2012 |
| Septemba 2012 |
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* Criminal law – Armed robbery – Visual identification at night – Requirement for watertight identification (Waziri Amani principle) – Adequate lighting and familiarity with suspects can eliminate mistaken identity. * Criminal procedure – Reliability of immediate identification and naming to police – Credibility assessment by trial court entitled to deference on appeal.
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10 Septemba 2012 |