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Nukuu
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Tarehe ya hukumu
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| Juni 2022 |
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Criminal procedure – Arraignment and plea – Mandatory requirement under section 250 CPA; failure to read information and take plea renders trial a nullity; retrial discretionary – not ordered where it would enable prosecution to fill gaps in evidence; appellate revision under s.4(2) AJA to quash conviction and order release.
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17 Juni 2022 |
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Criminal law – appellate procedure – appellate court must not decide issues not raised by parties; breach of right to be heard nullifies judgment; Evidence – child witnesses – voir dire must establish sufficient intelligence and understanding of duty to tell truth before admitting evidence; omission renders evidence invalid and may be expunged; insufficiency of remaining evidence defeats conviction.
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17 Juni 2022 |
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Land Tribunal — Composition and mandatory participation of chairman plus two assessors — Sections 5, 7 and 37 Land Tribunal Act. Assessors — An assessor must hear the whole trial to participate in decision-making; assessor changes during trial may vitiate proceedings. Procedural nullity — Improperly constituted Tribunal renders its proceedings and subsequent appeals nullity; retrial de novo required.
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17 Juni 2022 |
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Civil procedure – extension of time – service of notice of appeal under rule 84(1) – requirement to serve respondent after lodgement. Exercise of judicial discretion guided by Lyamuya factors: reason for delay, length of delay, diligence, prejudice. Retrospective enlargement of time to the date of actual service. Effect of notice of appeal on execution under Tax Revenue Appeals Act/rules.
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17 Juni 2022 |
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Kadhi's Court jurisdiction – Exclusive jurisdiction over division of matrimonial assets between Muslims where there is actual contribution (Kadhi's Court Act); Civil procedure – Misjoinder of causes of action and Order II r.6 CPD; Jurisdictional defect – Proceedings and award made without jurisdiction are a nullity and subject to quashing under Appellate revisional powers (s.4(2) AJA).
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16 Juni 2022 |
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Criminal procedure — Improper tendering of exhibits by prosecutor after witness evidence — Denial of opportunity for cross-examination — Expungement of exhibit; Chain of custody — handover letter not required within same office; Condition of exhibits due to storage; Legal aid — no duty to inform/provide state-funded counsel unless indigence established and requested; Search — independent witness requirement applies to premises, not person; Appellate judgment — must show reasons and issues for determination.
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16 Juni 2022 |
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Jurisdiction — Kadhi's Court exclusive jurisdiction over Muslim personal law matters including division of matrimonial assets — High Court lacked jurisdiction — jurisdictional defect renders proceedings and judgment a nullity — court's duty to address jurisdiction suo moto even where counsel withdraws objection.
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16 Juni 2022 |
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Appeal — interlocutory rulings — non-appealable interlocutory decision; Appellate jurisdiction — leave to appeal — s.87(1) Labour Relations Act confers automatic right of appeal; Civil procedure — record of appeal — omission of drawn order — curable under rule 96(7) by supplementary record.
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16 Juni 2022 |
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Appealability — interlocutory orders; judgment on admission (Order XIV r.6 CPD) — does not dispose of all rights; section 5(2)(d) Appellate Jurisdiction Act — appeal only where interlocutory order finally determines the suit; nature-of-order test (Bozson test) applied.
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16 Juni 2022 |
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Civil procedure — Appeal — Record of appeal — Omission or disorderly arrangement of pages — Rule 96(1)(g), rule 96(7) — Certificate of record — Rule 96(5) — Substantial compliance — Overriding objective — Curable defects.
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14 Juni 2022 |
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Civil procedure – setting aside ex parte judgment – sufficiency and proof of service of summons; exercise of judicial discretion; corporate service requirements (Order XXXIII r.2 CPD); adjournments and readiness to proceed; Order provisions on setting aside ex parte decrees.
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14 Juni 2022 |