Results.
112 judgments found.
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December 1993
Reported
Criminal law — Criminal practice and procedure
— Penal legislation — Retrospective application of penal legislation — Sentence imposed came into operation after commission of the offence — Whether proper
— Right of the accused to be defended by advocate — Trial court ordered trial to proceed in the absence of defence advocate — Consequences thereof
Evidence
— Accomplice’s evidence — Whether court may convict on accomplice’s evidence without corroboration
— corroboration — What may constitute corroborative evidence
— Whether evidence of a co-accused may form the basis of conviction
15 December 1993
Minimum Sentences Act requires five years for theft from a public corporation; court substituted five‑year term despite appellant's age.
Criminal law — sentencing
— application of leniency under section 6, Minimum Sentences Act (MOSOA) 1972 — Section 6(1) requires identifiable special circumstances before imposing less than statutory minimum
— Minimum Sentences Act, 1972 — Theft from public corporation (scheduled authority) attracts statutory minimum sentence
14 December 1993
Reported
Criminal law — Theft
— Accessory after the fact of stealing
— Stealing by agent
14 December 1993
Eyewitness identification supported by a blood‑stained knife and post‑mortem findings upheld a murder conviction; appeal dismissed.
Criminal law
— Murder — identification evidence — Credibility of eyewitnesses — Minor contradictions not fatal
— possession of blood‑stained knife and post‑mortem consistent with stabbing — Appeal dismissed
13 December 1993
Reported
Criminal law — Acquittal of PW1 in a charge of assault before a Primary Court in which the appellant was the complainant — Whether a bar to P.W.l to complain against the appellant in a charge of assault in a
Evidence — Acquittal of P. W.l in a charge of assault before a Primary Court in which the appellant was the complainant — Whether a bar to P. W.l to complain against the appellant in a charge of assault in
13 December 1993
Conviction for robbery quashed where identification and provenance of recovered property were unreliable, causing miscarriage of justice.
Criminal law
— possession of alleged stolen property — provenance and timing
— Robbery with violence — Identity evidence — reliability of torchlight and voice identification
— second appeal under s.6(7) Appeals Judicature Act 1979 — intervention where findings of fact are perverse or miscarriage of justice
13 December 1993
Reported
Civil procedure — Appeals — second appeal — Where findings of fact or inferences are perverse — Whether Court of Appeal can intervene
Criminal law — Criminal practice and procedure -identification — Use of torch light in identifying thieves — Whether reliable
13 December 1993
Reported
Criminal law — Criminal practice and procedure
— Charges — Robbery with violence — Two distinct offences attracting distinct punishments
— Cognate offences and substituted conviction — Armed robbery and robbery with violence — Whether a conviction for armed robbery may be substituted for robbery with violence
13 December 1993
Court upheld manslaughter conviction where dying declaration materially contradicted eyewitnesses on premeditation.
Criminal law — murder versus manslaughter — malice aforethought
Criminal procedure — Role of assessors — Trial judge's power to reject assessors' conclusions when other evidence impeaches them
Evidence — Dying declaration — weight limited where inconsistent with witness testimony and unreliable corroboration
13 December 1993
Acquittal upheld because confession was not proved voluntary and circumstantial evidence left reasonable doubt.
Criminal law — Murder — admissibility and voluntariness of confessions — repudiated/retracted confessions and need for corroboration
13 December 1993
Whether an appellate court may overturn an acquittal where falsified pay‑in slips and consistent discrepancies show a theft modus operandi.
Criminal law
— appellate review — acquittal set aside where record supports District Court conviction
— Documentary evidence — irregular/falsified pay‑in slips and cheque possession
— Remedy — restoration of conviction, imprisonment and restitution
— Theft from employer — employee entrusted with cash and cheques — discrepancies between cash receipts and bank deposits
3 December 1993
November 1993
A conviction based solely on the applicant's presence and a natural statement was unsafe and was quashed.
Criminal law — possession of bhang — Whether mere presence and statement of ownership proves knowledge and joint possession
Criminal procedure — Safety of conviction — conviction unsupported by State and founded on equivocal plea is unsafe and cannot stand
Evidence — circumstantial evidence and inferences — Inferences from conduct and statements — Caution where natural explanation exists
25 November 1993
Conviction for theft by a public servant quashed where evidence including a contested written admission failed to prove guilt beyond reasonable doubt.
Criminal law — Theft by public servant
— Authorship and proof of alleged written admission
— Credibility of store attendant’s testimony
— Insufficiency of evidence
25 November 1993
Conviction unsafe where courts relied on uncorroborated co‑accused evidence and failed mandatory s.168 procedural requirements.
Appellate practice — Appellate review — inadequate critical examination of evidence by trial court warrants quashing conviction — Procedural irregularities render conviction unsafe
Criminal law — Evidence — Conviction based on uncorroborated testimony of a co-accused — Requirement for independent corroboration
Criminal procedure — change of trial magistrate — Duty under s.168 to afford opportunity to recall witnesses — Non-compliance vitiates proceedings
25 November 1993
Transfer to oneself by a fiduciary without donor's consent or proof of consideration is void and appeal dismissed with costs to respondent.
Land law — lack of consideration vitiates sale
— appeal dismissed
— costs to respondent
Land law — Property law — Transfer to oneself — Transfer of Property Decree
— fiduciary relationship and power of attorney do not permit appropriation without donor's consent
— transfer to oneself void ab initio
25 November 1993
Reported
Civil procedure — Court of Appeal
— Appeals to the Court of Appeal originating from District Courts in Zanzibar
Contract — Contract of sale
25 November 1993
Seller's unproven clan objections and belated allegations cannot defeat an enforceable sale; appeal dismissed with costs.
Contract law — specific performance — Seller's claim of clan objection to land sale — Requirement of evidence of lawful impediment
Evidence — Relevance of raising new issues on appeal — Issues not raised/tried cannot be decided without evidence
Land law — transfer and registration — Protection of bona fide purchaser for value (s.135, Land Act)
25 November 1993
Reported
Criminal law — Criminal practice and procedure -appeals
— Appeal against Order of the High Court — Whether by an order of the High Court refusing leave to appeal to that Court is appealable to the Court of Appeal on a point of law only
— Leave of the High Court to appeal against orders — Whether orders of the High Court appealable only with leave
15 November 1993
Conviction in absentia where accused absconded pre-close was improperly handled; matter remitted for hearing under section 226(2).
Criminal procedure — Conviction in absentia — Distinction between section 226 and section 227 Criminal Procedure Act 1985 — Where accused absconds before close of prosecution, section 226(2) governs reopening to allow accused to be heard — Misapplication of section 227 warrants remittal to trial court
15 November 1993
Reported
Criminal law — Criminal practice and procedure — Right of accused to he heard — Accused persons jump bail and do not appear in court for hearing shortly before close of the prosecution case — Case proceeds in their absence — Whether conviction proper
15 November 1993
Court converted manslaughter to murder where leaders’ joint violent acts and intent established malice aforethought.
Criminal law
— joint/common intention (s.23 Penal Code) — Malice aforethought and conversion of manslaughter to murder under s.196/200 Penal Code
— visual and voice identification — reliability
Criminal procedure — Alibi raised without prior notice under section 194(4) CPA — Consequences of non‑compliance and trial judge’s discretion
8 November 1993
Appellate court upheld five-year minimum sentences under the Minimum Sentences Act and remitted record for compensation orders.
Criminal law — sentencing
8 November 1993
Denial of prosecution's right to reply and failure to conduct a trial‑within‑a‑trial breached natural justice; retrial ordered.
Appellate practice — Appeal procedure — Appeal by Director of Public Prosecutions against interlocutory orders — Appellate Jurisdiction Act s 3(6)(2) and retrial as remedy
Criminal law — Evidence — Cautioned/extra‑judicial statements — Requirement for trial‑within‑a‑trial and compliance with Criminal Procedure Act provisions
Criminal procedure — natural justice — right to be heard — condemnation unheard voids proceedings
8 November 1993
Reported
Evidence
— Alibi- Supported by witnesses of both defence and prosecution — Rejected — Whether properly rejected
— Dying declaration — Corroboration — Corroborative evidence weak and bearing unsatisfactory features — Whether can corroborate
8 November 1993
Dying declaration and weak, inconsistent eyewitness evidence insufficient; alibi wrongly rejected—conviction quashed.
Criminal law
— alibi notice
— appellate review — quashing conviction where prosecution case has material weaknesses
— dying declaration — admissibility and necessity of reliable corroboration
— identification evidence — reliability when attack sudden and from rear
— Murder
8 November 1993
Reported
Criminal law
— Defence of insanity — Person suffering from defective reasoning due to delusion but capable of understanding hat she was doing — Whether defence of insanity applies
— Murder
Evidence — Expert evidence — Evidence by medical expert — Whether courts are bound by such testimony
8 November 1993
Psychiatric illness did not negate criminal responsibility; conduct and confession showed appellant knew the nature and wrongfulness of the killing.
Criminal law
— Diminished responsibility — lack of statutory recognition and need for legislative reform
— Evidence — conduct before and after offence and cautioned statement may prove legal sanity
— Insanity
— Psychiatry — Expert evidence — medical report not binding on court and may be rejected if inconsistent with other evidence
8 November 1993
Reported
Criminal law — Criminal practice and procedure — Assessors — Summing up to the Assessors — Court should not influence Assessors
8 November 1993
Reported
Criminal law — Criminal practice and procedure — Sentencing — Minimum Sentence for corrupt transactions
8 November 1993
Reported
Criminal law — Criminal practice and procedure
— Accused convicted without having been arraigned — Whether proper
— Appeals- Powers of Appeal Court where trial was a nullity — Whether Court of Appeal can
8 November 1993
Proceeding and convicting an accused without personal arraignment is a nullity; conviction cannot stand.
Criminal procedure
— arraignment — Mandatory requirement that charge be stated to accused and accused be asked to admit or deny — Failure renders trial a nullity
— trial in absentia — Reading charges and recording pleas without personal arraignment invalid
8 November 1993
Court affirms conviction and dismisses appeal against ten-year sentence for defilement of a child.
Criminal law — Defilement — Evaluation of witness credibility — Missing PF3 does not necessarily invalidate conviction — Appeal against sentence: principle of interference only where sentence is manifestly excessive or wrong in principle
8 November 1993
Reported
Criminal law — Magistrates courts act — Jurisdiction — Whether Court properly constituted — Criminal Practice and Procedure — Curable defects
8 November 1993
Reported
Criminal law — Criminal practice and procedure — Sentencing — Powers of the Court of Appeal to interfere with sentence
8 November 1993
Court upheld six-year sentence for fatal, brutal corporal punishment of a ten-year-old; appeal against sentence dismissed.
Criminal law
— appellate review of sentence — mitigation and deterrence — interference only for misdirection or manifest excess
— homicide by excessive corporal punishment of a child — sentencing
8 November 1993
Court ordered retrial after lower courts awarded judgment to a non‑party and failed to decide framed issues.
Appellate practice — Discretion to order retrial — Exercise of revisional power under s.4(2) AJA
Civil procedure
— Appeal jurisdiction — No appeal lies where High Court made no decision on the matter
— trial irregularity — proceedings vitiated and quashable
1 November 1993
A sale by an estate administrator to a bona fide purchaser remains valid absent proven fraud, despite a challenged appointment.
Probate law
— Administration of estates — Powers of administrator to dispose of immovable property — Validity where administrator’s appointment is challenged and protection for bona fide purchasers for value without notice
— Administrator’s powers to sell estate property — Probate and Administration Ordinance ss 95 and 97
1 November 1993
1 November 1993
October 1993
Conviction upheld: improperly admitted JP evidence and confession excluded, but reliable identification and recent possession sustain conviction.
Criminal procedure
— Corroboration — recent possession of stolen property as support for identification-based conviction
— Evidence — extra‑judicial statements/confessions — retracted confessions and caution in reliance
— Identification evidence — evaluation of inconsistencies between police statement and court testimony
— witness whose statement was not read at committal — mandatory requirement of reasonable written notice
25 October 1993
Reported
Criminal law — Criminal practice and procedure
— Statement of Witness or substance of evidence not read at committal proceedings — Whether witness can testify for prosecution at the trial
— Witness — Notice to accused or Advocate of intention to call witness — Contents of such notice
Evidence — Extra-judicial statement retracted at trial- Whether it can be relied upon
25 October 1993
An order of compensation under s.348(1) is part of the sentence; appeals against its severity under s.6(7)(a) are incompetent.
Criminal procedure — Compensation — Compensation forms part of sentence — Appeals — Appeal against compensation incompetent
25 October 1993
Post-mortem and circumstantial evidence established murder despite defence claim of suicide; appeal dismissed.
Criminal law
— Evidence law — fanciful or remote possibilities do not create reasonable doubt
— forensic evidence — post‑mortem findings disproving hanging and showing death by eye perforation and hemorrhage
— Murder — circumstantial evidence — sufficiency of inference from custody, control of keys and guarding to prove accused caused death
25 October 1993
Reported
Evidence — Strong circumstantial evidence — Only remote possibility left in favour of an accused — Whether sufficient proof of charge established
25 October 1993
Reported
Civil procedure — Court of appeal rules
— Notice of Appeal — Service of Notice of Appeal — Proof of service of notice on the Respondent — Rule p 77
— Notice of Appeal and letter of application for copy of High Court proceedings — Non-service of Notice of Appeal and copy of application letter: consequences thereof
25 October 1993
Respondent’s registered right of occupancy upheld; only three appellants who developed land pre-dispute entitled to compensation.
Land law — Right of occupancy
14 October 1993
August 1993
Appeals from Primary Court matters require a High Court certificate of a point of law; Court of Appeal cannot grant that itself.
Appellate practice — Appellate jurisdiction
— Appeals from Primary Court proceedings
— Court of Appeal cannot certify to itself
— decision of single judge granting leave without High Court certificate null and void
30 August 1993
Reported
Constitutional law — Basic rights enshrined in the Constitution — The right to seek redress in court and ouster of court's jurisdiction
30 August 1993
An appellate court must not decide an unpleaded ground without giving the affected party a fair opportunity to be heard.
Civil procedure
— Appeal — raising and deciding issues not pleaded
— Remedies — specific performance — appellate review where primary finding is procedurally flawed
Contract — rescission — undue influence — court cannot uphold rescission on unpleaded ground without procedural fairness
Land law — Property
— money to be restored to holder
— ownership of fixed deposit demonstrated by renewals and certificate
30 August 1993
Reported
Civil practice and procedure — Appeals — Memorandum of appeal -Memorandum of appeal makes no reference to undue influence and no leave of Court sought and obtained to argue the issue on appeal -Whether the Court may entertain the issue suo motu — Rights of the other party
30 August 1993
Reported
Human rights — Basic rights and duties under the Constitution — The right to work — Whether the right to work imposes a duty to employ or to continue employing a person
30 August 1993