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Citation
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Judgment date
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| October 2025 |
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Medical proof of pregnancy established penetration, but unreliable victim testimony and lack of corroboration created reasonable doubt, so conviction quashed.
* Criminal law – Statutory rape – Elements: penetration and age established by medical evidence; identity of perpetrator must be proved beyond reasonable doubt. * Evidence – Credibility: victim’s inconsistent/unexplained delay in reporting and admission of consensual relations may undermine reliability. * Documentary evidence – Cautioned statement: appellate reliance only proper if trial record shows accused had opportunity to examine it; exclusion may affect weight but not always determinative.
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3 October 2025 |
| September 2025 |
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The applicant lacked standing to challenge a lawful mortgagee sale; purchasers were protected under the Land Act.
* Land law – Sale of mortgaged property – notice of default and publication requirements under the Land Act (s.125/127) and clause-based loan conditions.
* Purchasers – bona fide purchasers at advertised auction – protection under s.134(2)(c) of the Land Act.
* Civil procedure/Government Proceedings – section 6(2) inapplicable where the defendant was a corporate entity capable of being sued; Attorney General intervention not retroactively fatal.
* Evidence – burden of proof and special knowledge (Evidence Act s.115) where notice lies especially within mortgagee's knowledge.
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12 September 2025 |
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Appellant's murder conviction overturned due to procedural irregularities and lack of proof beyond reasonable doubt.
Criminal law – Murder – Committal proceedings – Requirement to read out evidence and exhibits – Doctrine of recent possession – Procedural irregularity – Standard of proof for conviction – Consequence of expunged evidence.
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4 September 2025 |
| July 2025 |
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Circumstantial evidence and improperly admitted statement led to quashing of murder conviction.
Criminal Law – Murder – Admissibility of cautioned statement – Circumstantial evidence and 'last seen' principle – Appeal quashed due to insufficient evidence.
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10 July 2025 |
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Charge of armed robbery deemed defective for lacking specifics, leading to the appeal's success and appellants' release.
Criminal Law – Armed Robbery – Defective charge – Requirement to specify the person against whom violence was directed – Procedural irregularities under Criminal Procedure Act. |
10 July 2025 |
| April 2025 |
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Failure to take plea on an amended charge rendered the trial null; retrial deemed unjust due to insufficient evidence.
Criminal law – Fair trial – Omission to take pleas on amended charge – Right to recall witnesses – Retrial considerations.
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25 April 2025 |
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Appeal against a 30-year rape sentence dismissed; court affirms victim's testimony sufficiency under Tanzanian Evidence Law.
Criminal Law – Rape – Identification and alibi – Sufficiency of victim's testimony under Section 127(6) of the Evidence Act.
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25 April 2025 |
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Appellants' rights violated by shared legal representation amidst conflicting interests, resulting in nullified convictions.
Criminal law – right to fair trial – conflict of interest in legal representation – nullification of trial due to procedural irregularity.
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8 April 2025 |
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The court upheld a rape conviction based on eyewitness accounts despite claims of procedural errors in handling child witness testimony.
Criminal Law - Conviction for rape - Eyewitness testimony - Requirement of voire dire for child witnesses removed - Proper assessment of evidence by lower courts.
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3 April 2025 |
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Appellant's conviction for attempted rape overturned due to insufficient clothing-based identification evidence.
Criminal law – attempted rape – identification evidence – sufficiency of evidence based on clothing description.
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3 April 2025 |
| March 2025 |
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Appeal allowed as identification evidence was insufficient and unreliable after a lapse of one year and eight months.
Criminal law – Visual identification – Necessity of detailed suspect descriptions and the reliability of sole identifying witnesses – Impact of identification parades on the establishment of suspect identity.
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28 March 2025 |
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The court quashed a conviction due to insufficient identification evidence, highlighting mistaken identity concerns.
Criminal Law – identification – reliability of identification evidence – necessity of corroborative evidence in identification of strangers – possibility of mistaken identity.
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28 March 2025 |
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Appeal dismissed as appellant's plea of guilty was unequivocal and legally recorded.
Criminal Procedure – Plea of guilty – Grounds for appealing a conviction based on a guilty plea – Influence of police threats.
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28 March 2025 |
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The appeal against rape conviction was dismissed as evidence sufficiently supported the guilty verdict.
Criminal law - Rape - Conviction on victim's testimony - Sufficiency of evidence without additional witnesses - Defense consideration.
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28 March 2025 |
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Appeal against murder conviction dismissed, court finds circumstantial evidence and confessions sufficient to prove guilt.
Criminal Law - Murder - Admissibility of cautioned statement - Circumstantial evidence proving guilt beyond reasonable doubt.
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28 March 2025 |
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The appeal against conviction for an unnatural offence by challenging evidence credibility and procedural errors is dismissed.
Criminal law – Unnatural offence – Identification by recognition – Reliability of recognition evidence – Requirement of child witness promising to tell the truth.
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27 March 2025 |
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The appeal questioning the sufficiency of evidence in a rape conviction was dismissed, affirming imprisonment.
Criminal Law – Evidence – Adequacy of non-scientific evidence in proving rape – Legal sufficiency of witness testimonies.
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25 March 2025 |
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Denial of separate legal representation due to conflict of interest rendered murder trial proceedings a nullity.
Criminal law – Fair trial – Conflict of interest – Separate legal representation for co-accused required – Retrial ordered.
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24 March 2025 |
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Court rules on unfair termination claims and time-barred salary disputes, finding partially in favor of respondents.
Labour Law – employment contracts – improper document admission claims – jurisdiction and time-bar in unpaid salary claims – unfair termination process.
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24 March 2025 |
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Court upholds murder conviction based on circumstantial evidence and confessions despite appellant's alibi defense.
Criminal law – Murder – Circumstantial evidence and confessions in proving guilt beyond reasonable doubt – Assessment of alibi defense credibility.
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24 March 2025 |
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Failure to comply with procedural requirements for an insanity defense invalidated murder trial proceedings.
Criminal procedure - Insanity defense - Compliance with sections 219 and 220 CPA - Fair trial rights - Retrial ordered due to procedural flaw.
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20 March 2025 |
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Court affirms conviction and adjusts death sentence application to one count in double murder case.
Criminal Law – Murder – Conviction based on circumstantial evidence – Proper application of sentencing in multiple murder counts.
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20 March 2025 |
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Plea in rape charge was defective; sentence for impregnating a schoolgirl reduced due to mitigating factors.
Criminal Law – Rape – Equivocal plea due to charge defects – Mitigating factors in sentencing.
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19 March 2025 |
| January 2025 |
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Conviction quashed due to reliance on improperly admitted confessions and circumstantial evidence lacking corroboration.
Criminal Law – Murder Conviction – Reliability of Confession Evidence – Circumstantial Evidence – Procedural Compliance in Admissibility of Statements.
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30 January 2025 |
| December 2024 |
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Misapplication of evidence and victim's inconsistent testimony led to the quashing of an incest conviction.
Criminal Law - Incest by male - Evaluating inconsistency in testimonial evidence and misapplication of evidence principles.
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23 December 2024 |
| November 2024 |
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Material inconsistencies in child victim testimony required acquittal for grave sexual abuse despite procedural compliance in receiving their evidence.
Criminal law – grave sexual abuse – child witnesses – procedure for recording evidence under section 127(2) of Evidence Act – reliability of victim testimony – material contradictions – standard of proof – effect of absence of corroborating medical evidence.
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26 November 2024 |
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Concurrent convictions for rape and impregnating a school girl affirmed, but sentence for impregnating a school girl reduced for first offender.
Criminal law – Rape – Statutory rape – Impregnating a school girl – Sufficiency of evidence – DNA evidence – Concurrent findings of fact – Sentencing discretion for first offenders – Maximum and minimum sentences – Revision of sentence.
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26 November 2024 |
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Murder conviction quashed where both written and oral confessions were found inadmissible and prosecution failed to prove guilt.
Criminal law – Murder – Admissibility of confession – Cautioned statement recorded out of time – Oral confessions when not a free agent – Requirement for prosecution to prove case beyond reasonable doubt.
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26 November 2024 |
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Failure to prove prosecution case beyond reasonable doubt and procedural irregularity in evidence admission leads to appellant’s acquittal.
Criminal law – unnatural offence – standard of proof – corroboration of victim's evidence – procedural irregularity in admission of documentary evidence – assessment of witness credibility – failure to resolve reasonable doubt in favor of accused – appeal allowed.
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15 November 2024 |
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The court set aside a rape conviction due to unreliable identification evidence and inconsistencies in the accused’s statement.
Criminal law – rape – visual identification at night – proper identification criteria – reliability of sole witness identification – value of cautioned statement where inconsistencies exist – standard of proof in criminal cases.
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15 November 2024 |
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Where the prosecution fails to call material witnesses, the conviction for incest cannot stand due to insufficient proof.
Criminal law – Incest by male – Burden of proof – Adverse inference for failure to call material witnesses – Sufficiency of single witness testimony – Appeal against conviction and sentence – Whether prosecution proved case beyond reasonable doubt.
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15 November 2024 |
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A retrial was ordered after the accused were denied a fair hearing due to ineffective legal representation in a murder trial.
Criminal procedure – Fair trial – Right to be heard – Effect of single legal representation for multiple accused with conflicting interests – Nullification of proceedings for breach of natural justice – Necessity of separate counsel in retrial where confessional statements implicate co-accused.
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15 November 2024 |
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A conviction for impregnating a school girl was upheld, but the appellant's sentence was reduced from thirty to five years.
Criminal law – Impregnation of a school girl – Standard of proof – Admission of documentary exhibits in accused's absence – Sentencing discretion – Right to fair trial – Effect of absconding on procedural rights – Variation of sentence for first offender.
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15 November 2024 |
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The court set aside murder convictions due to unreliable visual identification and fundamental contradictions in prosecution evidence.
Criminal law – Murder – Visual identification – Credibility of witnesses – Contradictory evidence – Identification parade – Burden of proof – Reliability of eyewitness testimony in criminal trials
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7 November 2024 |
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A lecturer’s conviction for demanding sex from a student in exchange for marks, relying on electronic and testimonial evidence, upheld.
Criminal law – sexual favour – position of authority – electronic evidence – chain of custody – economic offences – admissibility and reliability of data messages – sentencing under Economic and Organized Crime Control Act.
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7 November 2024 |
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Conviction for murder overturned due to improper admission of confessions and lack of independent evidence linking the appellant to the offence.
Criminal law – procedure – admissibility of confessional statements – confessions narrated prior to admission – adverse inference for failure to call material witnesses – sufficiency of prosecution evidence – standard of proof in murder.
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7 November 2024 |
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Conviction quashed due to plea not being properly recorded; appellant released after serving substantial part of sentence.
Criminal procedure – Plea – Legal requirements for valid plea of guilty – Importance of recording accused’s own words – Remedy where plea is equivocal and appellant has served substantial sentence – Interests of justice in ordering retrial or release.
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7 November 2024 |
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6 November 2024 |
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Failure to preserve exhibits or an inventory rendered conviction for unlawful possession of government trophies unsustainable.
Criminal law – unlawful possession of government trophies – evidentiary requirements – absence of physical exhibit and inventory – procedural irregularities in admission of documentary evidence – standard of proof in criminal cases.
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5 November 2024 |
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The Court of Appeal upheld conviction for rape, finding the prosecution proved its case beyond reasonable doubt and properly rejected an unsubstantiated alibi.
Criminal law – rape – proof beyond reasonable doubt – child witness – section 127(2) of Evidence Act – medical evidence – weight of minor contradictions – alibi defence – section 194 of CPA – appellate review of concurrent findings.
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5 November 2024 |
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Defective DPP consent and jurisdiction certificate rendered the trial a nullity; conviction and sentence quashed, no retrial ordered.
Criminal procedure – Economic offences – Jurisdiction – Defective DPP consent and certificate – Nullity of proceedings – Retrial – Failure of justice due to evidentiary doubts and destruction of exhibits.
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5 November 2024 |
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Conviction quashed due to unreliable dying declaration and improper admission of confession, with prosecution failing to prove guilt beyond reasonable doubt.
Criminal law – murder – conviction based on dying declaration and confession – uncorroborated circumstantial evidence – procedural irregularities in admitting confession – standard of proof in criminal cases.
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4 November 2024 |
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Conviction quashed where evidence materially varied from charge and prosecution failed to amend under section 234 CPA.
* Criminal law — Rape — Particulars of offence — Dates and place specified in charge must be proved; variance between charge and evidence is fatal. * Criminal Procedure Act, s.234(1) — Duty to amend charge where evidence discloses variance; failure to amend may render preferred charge unproved. * Appeal — Conviction based on evidence inconsistent with charge — appellate court may quash conviction and set aside sentence. * Relevance of medical/examination dates and witness testimony in establishing temporal/place particulars.
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4 November 2024 |
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A conviction for unlawful possession of narcotics was quashed due to broken chain of custody and inconsistencies in evidence.
Criminal law – proof beyond reasonable doubt – chain of custody – evidence integrity – variance between charge and evidence – unlawful possession of narcotic drugs – role of independent witness.
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4 November 2024 |
| October 2024 |
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Life sentence for an 18-year-old first offender convicted of rape substituted with immediate release due to improper sentencing.
Criminal law – rape – proof of case beyond reasonable doubt – admissibility of evidence of child of tender years – effect of non-compliance with section 127(2) of Evidence Act – sentencing – legality of life imprisonment for first-time offender aged 18 – application of section 131(2)(a) of Penal Code – expunging of improperly admitted exhibits.
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29 October 2024 |
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Conviction for murder based solely on inconclusive circumstantial evidence was set aside for failure to exclude reasonable doubt.
Criminal law – Murder – Conviction based on circumstantial evidence – Standards for proof – Presumption of innocence – Burden of proof – Circumstantial evidence must exclude reasonable hypotheses of innocence.
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29 October 2024 |
| March 2024 |
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Extension denied: non-appearance, unaccounted delay and unsubstantiated illegality failed to show good cause.
Civil procedure — extension of time — technical delay vs negligence; illegality as ground for extension — must be apparent on the face of the record (Lyamuya; Valambhia); duty to account for each day of delay; non-appearance and defective withdrawn application indicating lack of diligence.
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19 March 2024 |
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Failure to include directly affected buyers in the notice and record of appeal violated rule 84(1) and rendered the appeal incompetent.
* Civil procedure – Appeal — compliance with court order permitting amendment of notice of appeal — scope of amendment. * Civil procedure – Rule 84(1) Court of Appeal Rules — service of notice of appeal on persons directly affected — joinder and right to be heard. * Procedural fairness — omission of parties with proprietary interest — nullity and incurable defect. * Overriding objective — limits where mandatory provisions go to the root of the case.
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19 March 2024 |
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A contractual choice-of-forum clause requiring disputes to go to the Commercial Division renders Land Division proceedings improperly instituted and nullified.
* Civil procedure – choice-of-forum clause – contractual submission to Commercial Division – enforceability and effect on suit filed in Land Division.
* Jurisdiction – section 7(1) CPC and section 16 Land Act – statutory jurisdiction not ousted but forum-selection clauses binding where chosen forum is proper.
* Remedies – nullification of proceedings and judgment where suit instituted in wrong Division; liberty to refile in agreed forum.
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19 March 2024 |
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Conviction for constructive possession quashed for failure to prove awareness and control of seized ammunition.
Criminal law – Firearms and Ammunition – constructive possession requires knowledge of presence and dominion; owner/head of household not prima facie in possession; appellate interference justified where lower courts misapply law or misapprehend evidence.
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19 March 2024 |