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Nukuu
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Tarehe ya hukumu
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| Disemba 2014 |
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Criminal law – Particulars of offence – Necessity to prove the date/period alleged in the charge – Material uncertainty as to time vitiates conviction. Criminal procedure – Duty of the prosecution – Correct framing of charges and proving particulars at trial. Evidence – Inconsistency between charge sheet and witness testimony (child victim and medical examiner) – Fatal defect not curable under s.394(1)(a) CPA.
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11 Disemba 2014 |
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Civil procedure – extension of time – Rule 10 Court of Appeal Rules – discretionary power to extend time on good cause shown. Stay of execution – Rule 11(2)(c) – requirement to attach copy of decree to application for stay – late supply of decree as ground for extension. Unopposed applications – absence of affidavit in reply strengthens grant of relief when good cause shown.
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5 Disemba 2014 |
| Septemba 2014 |
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Government Proceedings Act s.6(2) – Notice of intention to sue must be served on the specific Minister/Department/Officer and copy to the Attorney General; proper Ministry/department is a necessary party. Non‑joinder – Suing Attorney General alone without impleading responsible Ministry/department renders suit bad in law. Limitation – Court declined to decide limitation where non‑joinder was fatal.
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19 Septemba 2014 |
| Juni 2014 |
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Primary Court proceedings — applicability of statutes — Civil Procedure Code not applicable to Primary Court matters — Magistrates' Courts Act governs Primary Court matters — application brought under wrong provision dismissed with costs.
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26 Juni 2014 |