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112 judgments found.
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August 1993
Prolonged delay, dead and missing witnesses and prejudice to the respondent justified upholding the acquittal despite judicial misdirection.
Criminal law
— Missing witnesses and evidential gaps — Prejudice to accused and fairness in ordering retrial
— Retrial — discretionary remedy, refused where it would cause injustice or where accused has spent substantial time in custody — Prejudice and exceptional circumstances
— Trial procedure — no‑case to answer — Standard under section 293 Criminal Procedure Act
16 August 1993
13 August 1993
Reported
Criminal law — Criminal practice and procedure — Criminal Revision
— Notification to the DPP — Whether the High Court should hear the parties on revision
— Whether Judge can make a revision after consultations with the relatives of a convict who had an advocate
Criminal law — Threatening violence — Whether threatening violence includes threat to kill
12 August 1993
Trial judge's exclusion of provocation and misdirection on intoxication rendered the murder verdict legally unsafe.
Criminal law
— homicide — Provocation — Whether evidence of insults, threats and a family brawl can amount to provocation and negate malice aforethought
— Intoxication — Whether intoxication negated specific intent and should be left to assessors
Criminal procedure — Summing up — Trial judge’s directions — Material misdirection to assessors may render conviction unsafe
Evidence — role of assessors — When issues of provocation and incapacity must be left to assessors to decide
12 August 1993
Reported
Criminal law
— Assessors — Fatal to resulting conviction
— Criminal practice and procedure — Assessors
12 August 1993
Failure to extract the decree, file the record of proceedings, or obtain required leave renders an appeal incompetent and struck out.
Civil procedure — Appeal competency — requirement of leave where judgment is appealable only with leave
10 August 1993
July 1993
Reported
Civil practice and procedure
— Abatement of suits- Actions in respect of torts — legal provisions saving certain causes of action based on tort from abating on the death of either party
— Interest on general damages — Trial Judge awards interest on the principal sum at 5% per month from the date of filing the suit to the date of full settlement — Whether correct to award interest on general damages from the date of filing the suit — Interest — Award of interest on general damages — Award of interest at 5% per month — Whether too high and out of proportion
30 July 1993
Reported
Appellate practice — Appellate jurisdiction act — Second appeal- Whether it is proper for a second Appellate Court to evaluate the evidence afresh and come to its conclusions in matters of fact
Evidence — When a second Appellate Court may evaluate the evidence afresh and make its own findings of fact
28 July 1993
Reported
Constitutional law — Suits against the Government — Statutory provision requiring the Minister’s consent to sue the Government -Whether constitutional- Section 6 of the Government Proceedings Act 1967
23 July 1993
Requirement of ministerial consent to sue the Government violates constitutional access-to-court and equality rights and is void.
Constitutional law — Access to courts
— Ministerial consent to sue the Government
— not saved by Article 30(2)
23 July 1993
Notice of appeal deemed withdrawn for failure to institute; counsel who filed unauthorised appeal papers ordered to pay part of costs.
Civil procedure — Appeal procedure — notice of appeal deemed withdrawn where appeal not instituted within prescribed period — Unauthorized filing of memorandum and record of appeal by counsel — Counsel’s personal liability for costs as sanction
5 July 1993
An accused’s lies, without supporting circumstantial evidence proving guilt beyond reasonable doubt, cannot sustain a murder conviction.
Criminal law
— Circumstantial evidence — accused’s lies and inconsistent explanations may corroborate prosecution case — Standard of proof beyond reasonable doubt
— Murder — Sufficiency of circumstantial evidence — Conviction cannot rest on uncorroborated lies and suspicion alone
1 July 1993
June 1993
Reported
Criminal law — Magistrates courts act — Extension of Appellate jurisdiction to magistrates
17 June 1993
Exclusion of the spouse’s inadmissible testimony led to quashing a murder conviction and substituting manslaughter with ten years’ imprisonment.
Criminal law
— Admissibility — Competence of spouse testimony (s.130 Law of Evidence) — Non‑compliance renders evidence inadmissible
— Homicide: murder versus manslaughter — intention to kill or cause grievous harm required for murder — Exclusion of critical testimony undermining murder conviction
— Self‑defence — Validity of plea of legitimate self‑defence where physical injuries and witness accounts are inconsistent with alleged attack — Provocation and insufficiency on the admissible record
4 June 1993
Reported
Evidence — Evidence of spouse — Compellability of spouses to give evidence against each other in criminal cases — Admissibility spouse’s evidence
4 June 1993
Application to strike out notice of appeal refused as premature pending production of Rule 83(1) certificate and opportunity to respond.
Civil procedure — Appeal — application to strike out notice of appeal
4 June 1993
2 June 1993
May 1993
Confusion in official land allocations and inadequate proof of title or improvements led to appeal allowed with costs.
Evidence
— Burden to prove payment/compensation — Claim for recovery of expenditure on land improvements requires clear, reliable proof
— Official searches and title documents — Weight of official search certificate where physical identification of parcel is inconsistent
Land law — Land allocation — wrongful identification of parcel by surveyor — Effect on title claims
24 May 1993
A village chairman’s alleged authority or obedience to orders does not excuse unlawful destruction of another’s crops.
Criminal law — appellate review
— concurrent findings of fact upheld
— second appeal limited to points of law
Criminal law — destruction of property — authority of village officials — obedience to orders — unlawful order no defence
Criminal law — mens rea — knowledge of existence of property
21 May 1993
Reported
Evidence — circumstantial evidence — False, incredible or contradictory statements given by way of explanation by the accused- Effect in reaching verdict
21 May 1993
Accused's inconsistent explanations and physical evidence made suicide improbable, so conviction for murder was upheld.
Criminal law — Circumstantial evidence — Inconsistent or contradictory explanations by accused strengthen prosecution case — Suicide versus homicide — Evaluation of medical and height evidence
21 May 1993
Reported
Criminal law — Criminal practice and procedure — Calling of doctor who performed postmortem examination on the body of the deceased — Right of accused to be informed and to decide whether or not he wants the doctor to be called
21 May 1993
Reported
Evidence — circumstantial evidence — Unbroken chain of circumstantial evidence linking the appellants to the death of the deceased — Whether can ground a conviction
21 May 1993
Reported
Criminal law — Criminal practice and procedure — Adjournment of cases — Statutory control of adjournments and remand of accused in custody
21 May 1993
Permitting an illiterate appellant to self‑represent in a capital trial without warnings deprived him of a fair trial.
Criminal law
— Juvenile procedure — Special safeguards for unrepresented child — Right to counsel / fair trial
— Trial procedure — Self‑representation in capital cases — Duty of trial court to explain dangers and ensure fair trial
21 May 1993
Appeal struck out for lack of leave under section 5(1)(c) and because the High Court order was a nullity due to time-barred application.
Appellate practice — Appellate procedure — appealability — leave required
Civil procedure
— Application to set aside ex parte judgment — time limits and need for enlargement of time
— Costs — no costs where decisive points raised by the Court sua sponte
— jurisdiction — order founded on a time-barred application is a nullity
21 May 1993
An appeal against refusal to set aside an ex‑parte judgment was struck out as incompetent for lack of leave and because the High Court’s order was a nullity.
Appellate practice
— Appealability — order refusing to set aside ex‑parte judgment
— Competence — appeals founded on nullities are incompetent
— Procedure — time limits for applications to set aside ex‑parte judgments
— Validity — orders made on time‑barred applications are nullities
21 May 1993
Reported
Criminal law
— Criminal practice and procedure — Assessors — Directions to assessors — Trial judge misdirects assessors on the nature of provocation — Assessorsfail to determine and advise on the provocative nature of the deceased’s words
— Provocation — Deceased uttered words tending to show that she had an adulterous association with some men — The test of provocation
21 May 1993
Reported
Evidence
— Burden of proof- Shifting the burden to the accused — Accused's palm stained with blood appearing to be recent — Whether requiring the accused to explain how he got the blood stain amounts to shifting the burden of proof to the defence
— Burden ofproo£- Murder — Accused’s right palm stained with blood which appears to be recent and about which accused keeps quiet when asked — Whether court may draw inference that accused’s silence is not consistent with his innocence
21 May 1993
Intoxication and mere verbal provocation do not negate intent where defendant's conduct shows deliberate, purposeful action.
Civil procedure — Appeal — factual findings and credibility upheld where appellant’s own account shows deliberate action
Criminal law — Murder
— sufficiency of evidence of deliberate conduct
— whether intoxication/temporary insanity negates mens rea
Criminal law — Provocation — verbal disagreement over price not sufficient to excuse lethal response
21 May 1993
A second appeal filed without statutory leave is incompetent and is struck out with costs.
Civil procedure — Appeals — Leave to appeal — competency of appeals
Land law — Registered title — Burden of proof in claims challenging registered title — Merits not considered where appeal procedurally incompetent
20 May 1993
Court dismissed application under Rule 58(1) after finding counsel’s excuse for non-attendance unsubstantiated and refusing an adjournment.
Civil procedure
— adjournment — adequacy of excuse — sick relative/child
— non-appearance
20 May 1993
Appeal struck out for failure to serve the ruling and for lacking required leave under appellate jurisdiction provisions.
Civil procedure
— Appellate jurisdiction — leave to appeal — Appellate Jurisdiction Act s.5 (effect on appeals against refusals to extend time to apply for review)
— service of record of appeal — Requirement to provide copy of the judgment appealed — Competency of appeal
20 May 1993
Stay of execution granted where decree enforcement risked being frustrated by third‑party payment and possible mortgage of title deeds.
Civil procedure — Stay of execution pending appeal
— conditional stays and filing timelines
— security concerns over surrender of title deeds
— stay justified where enforcement of decree may be impracticable because payment ordered from a non-party
19 May 1993
Court held the notice of appeal defective and the appeal time‑barred, therefore the appeal could not proceed.
Civil procedure — Appeal — Notice of appeal — Validity of notice of appeal — Appeal instituted out of time — Time‑barred appeals — Consequence: appeal cannot be entertained
14 May 1993
High Court lacked jurisdiction to hear review of a District Registrar’s order; resulting proceedings and appeal were nullities.
Civil procedure — jurisdiction
— costs where jurisdiction raised by court
— review of District Registrar’s order
12 May 1993
Failure to serve the applicant with the notice of appeal under rule 77(1) led to striking out and refusal of extension.
Civil procedure — Court of appeal rules — mandatory duty to serve copies of notice of appeal on persons directly affected — prolonged non-compliance
Civil procedure — extension of time
— belated application refused
— Government party status does not absolve appellant’s duty to serve
12 May 1993
A stay of civil imprisonment pending appeal may be granted under Rule 3, subject to adequate security and surrender of passport.
Appellate practice — Appeal and appellate procedure — Stay of execution of civil imprisonment pending appeal
12 May 1993
Court granted stay of civil imprisonment pending appeal subject to adequate security and surrender of passport.
Civil procedure — Appeal and interlocutory relief
— amendment of defective affidavit
— Civil Procedure Code not applicable to Court of Appeal
— conditions for stay (security, surrender of passport)
— inapplicability of Rule 46(3) to stays
— invocation of Rule 3 to do justice
— stay of execution of civil imprisonment pending appeal
12 May 1993
April 1993
Retracted confessions, corroborated by witness evidence and material facts, sustained murder convictions and dismissed appeals.
Criminal law
— confession — admissibility and voluntariness
— corroboration — witness evidence and recovery of body corroborating confession
Criminal procedure — Alibi — Alibi notice (s194 CPA)
30 April 1993
Reported
Evidence — Confession — Repudiated or retracted confession — Confessions found to be true — Conviction may be based on them
30 April 1993
Reported
Civil procedure — Civil practice and procedure -issues for determination by the court — Issues not at all pleaded but the court allows parties to address it them — whether, the court should make a determination on them
Land law
— Revocation
— Right of occupancy — Notice of intention to revoke a right of occupancy — Essence and purpose thereof
— Right of occupancy in the public interest — Revocation made in order to protect a trespassing parastatal -Whether it is revocation in the
23 April 1993
23 April 1993
March 1993
Court granted stay of execution of order removing a hotel staircase to allow the applicant to pursue an intended appeal.
Civil procedure — Stay of execution — notice of intention to appeal
29 March 1993
Reported
Evidence — Confession — Admissibility — Confession to a police officer of unknown rank — whether admissible -sections 27
25 March 1993
Post‑mortem and circumstantial evidence upheld conviction for death resulting from induced abortion.
Criminal law
— Abortion — elements: pregnancy, termination, causation and intent — Reliance on post‑mortem and medical evidence
— Circumstantial evidence — Circumstantial and medical evidence — Conduct and delay in seeking treatment as proof of culpability
Criminal procedure — assessment of witness credibility — Appellate interference with trial judge’s findings
18 March 1993
Court restrained respondent from exercising ownership rights (including further development) pending appeal, avoiding immediate eviction.
Land law — Property law — interim relief
— building authority stop order relevant to interim relief
— interim injunction restraining developments pending appeal
— possession and balance of convenience
— stay of execution
10 March 1993
Court dismissed preliminary objection and allowed amendment of defective notice to permit review application to proceed.
Civil procedure
— Extension of time to file review — Competence of notice of motion omitting grounds — Amendability and court's discretion to allow amendment
— preliminary objection — competence of notice — Technical non‑compliance with procedural rules, court's discretion to favour substance over form
5 March 1993
February 1993
Union security legislation can be constructed to apply to Zanzibar; prosecutions there require the appropriate Zanzibar public officer and compliance with local procedure.
Constitutional law
— Constitutional interpretation — Principles of constitutional interpretation — Reconciliation of Article 131(2) of the Zanzibar Constitution with Article 64(4)/(5) of the Union Constitution
— Division of Union and Zanzibar legislative powers — Divisibility of sovereignty and allocation of Union matters — Security as Union matter
Criminal procedure — Prosecutorial discretion — Role of DPP/Attorney‑General and consent/filing requirements in the High Court of Zanzibar
24 February 1993
Appellant's murder conviction quashed because dying declaration lacked adequate corroboration and forensic evidence had no proven chain of custody.
Criminal law
— Murder — conviction based on dying declaration
— provenance of exhibits (bottle) — insufficient proof undermines corroboration
22 February 1993