Case law
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Division and case type: Constitutional and Human RightsConstitutional Petition
…That the imposition of a mandatory death sentence on me in the circumstances was arbitrary and unconstitutional hence the execution of the same denied me a chance to a right to a fair trial under Article 25 (c) and 50 (2)…
…There are other rights protecting the right to a fair trial under Article 50 but insulated in terms of Section 21 and 22 of the Power of Mercy Act.…
Division and case type: COMMERCIAL DIVISIONJudicial Review
…trial.…
…trial in the Chief Magistrate’s Court or the High Court.…
Division and case type: CivilCivil Case
…following grounds: i) where the pleading does not disclose reasonable cause of action or defence or; ii) where the pleading is scandalous, frivolous or vexatious or; iii) if the pleading may prejudice, embarrass or delay the fair…
…trial of the action or; iv) if it I an abuse of the process of the court.…
Division and case type: CivilCivil Case
…Rules for the plaintiffs suit to be struck out on the grounds that it discloses no reasonable cause of action against the 2nd defendant, it is scandalous, frivolous or vexatious, it may prejudice embarrass or delay the fair…
…trial of the action or it is otherwise and abuse of the process of the court.…
Division and case type: CivilCivil Case
…The applicant contended that the defence a) “discloses no defence”, b) it is scandalous, frivolous and vexatious” c) it prejudice, embarrass or delay the fair trial of this action,” The application was supported by an eleven-paged…
Division and case type: CivilCivil Suit
…The sum total of their argument is that: (1) The suit was filed way back in 1992 and since then the plaintiff has not moved the Court to have the same heard and as such it is the plaintiff who has delayed the fair trial of…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…The Court at this stage does not determine the proposed Interested Party’s case on the merits as that might prejudice the fair trial of the matter should the party be joined in the suit.…
Division and case type: CriminalCriminal Appeal
…The 1st Appellant in his Petition of Appeal alleges that he was not given a fair trial by the learned trial Magistrate as he had refused his request to seek assistance from the Tanzanian High Commissioner to arrange for them…
Division and case type: Anti-CorruptionPetition
…Thereafter, instead of expeditiously pursuing his Petition, he sat on his laurels and enjoyed the conservatory orders and I fail to see how his right to a fair trial has been compromised in the circumstances.…
Division and case type: CriminalCriminal Appeal
…The 1st Appellant in his Petition of Appeal alleges that he was not given a fair trial by the learned trial Magistrate as he had refused his request to seek assistance from the Tanzanian High Commissioner to arrange for them…
Division and case type: CivilCivil Case
…would be illogical to give judgment on admissions contained in the defence and at the same time strike out that defence it does appear to me that the defence at least in part tended to prejudice, embarrass and delay the fair…
…trial of the action.…
Division and case type: Milimani Commercial CourtsCriminal Case
…Without meaning to cast any aspersions on any trial officer in this context we interpret the expression “fair hearing” to mean a “square deal”, and also as being synonymous with a fair trial because so many years have elapsed…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…Without meaning to cast any aspersions on any trial officer in this context we interpret the expression “fair hearing” to mean a “square deal”, and also as being synonymous with a fair trial because so many years have elapsed…