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Citation
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Judgment date
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| June 1988 |
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Being on duty when goods went missing did not prove theft beyond reasonable doubt; convictions quashed.
Criminal law – Theft by public servants; circumstantial evidence and irresistible inference; corroboration of interested witness; proof beyond reasonable doubt; access to vehicle and possession issues.
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30 June 1988 |
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An appellate court must give reasons before reducing a dowry award; redemption denied where land remains within same clan.
Customary marriage and dowry — proof of marriage and dowry payments — discretion to refund under Rules 52B, 54, 55 and 58, Law of Persons (G.N. 279/1963). Appellate interference — necessity to state reasons when varying trial court discretionary awards. Dowry — calves/issues of cattle not refundable (Rule 45). Property redemption — limitation period for redemption suits (12 years) and redemption unavailable where vendor and purchaser belong to the same clan.
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29 June 1988 |
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Loaders’ convictions quashed for lack of evidence of knowledge/presence; railway employees’ convictions and concurrent sentences affirmed.
Criminal law – Conspiracy to commit theft – Distinct offence provable by inference; convictions may stand despite acquittal of others; mens rea and presence must be supported by evidence. Criminal procedure – Sufficiency of circumstantial evidence for convicting railway employees; insufficiency of evidence where presence and knowledge not proved.
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29 June 1988 |
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Landlord not liable for tenant's property lost after police search; police cannot impose legal liability on a third party.
Civil liability – landlord's duty – whether landlord liable for tenant's goods lost after police search; Police instruction – whether it creates legal obligation on third party; Proper defendant where loss arises from police activity.
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28 June 1988 |
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28 June 1988 |
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Court upheld a valid later will leaving property to a mosque, rejecting forgery and restoring the trial judgment.
Wills – testamentary disposition – later written will supersedes earlier declaration if valid – authenticity and forgery allegations – inferences from content of will (non-self‑serving bequests) – possession and succession to a religious institution.
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28 June 1988 |
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Appellate court restored trial court's boundary finding, preferring the trial sketch and supporting witness evidence.
Land — boundary dispute; weight of trial court's site inspection and sketch plan; appellate deference to trial court findings; inadmissibility of conflicting appellate sketch lacking relevant features.
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28 June 1988 |
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Conviction under s.58(1) Road Traffic Act set aside where prosecution failed to prove vehicle was moving and position was unsafe.
Road Traffic Act s.58(1) – offence of being carried on vehicle in unsafe position – prosecution must prove vehicle was in motion/unsafe circumstances – material inconsistencies in prosecution evidence render conviction unsafe.
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28 June 1988 |
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Conviction upheld on reliable parade identification and evidence of common intention; alibi rejected, sentence left intact.
Criminal law – Identification parades – reliability of parade identification and immediate selection by complainant as basis for conviction. Criminal law – Theft – proof of common intention and concerted action among multiple participants. Evidence – alibi – sufficiency to raise reasonable doubt. Sentencing – appellate interference where prosecution does not seek alteration.
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28 June 1988 |
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Convictions on recent possession upheld; custodial sentences for juvenile set aside and compensation remitted to consider parental liability.
Criminal law – recent possession – stolen property found in juvenile's locked room identified by complainant – conviction sustained on recent possession. Sentencing – Children and Young Persons Ordinance s.22(2) – custodial sentence on juvenile unlawful without first considering non‑custodial disposals and prior treatment. Compensation – Children and Young Persons Ordinance s.21 – compensation orders against juveniles ought to be considered against parents; remittal to trial court.
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28 June 1988 |
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Appellant failed to prove land improvements; appellate court upholds site-inspection findings and dismisses appeal with costs.
Land law – claim for compensation for alleged improvements – proof of cultivation and perennial crops – weight of oral evidence – court site inspection – appellate deference to trial court factual findings and credibility assessments.
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27 June 1988 |
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Inadmissible character evidence found but other cogent evidence upheld convictions; concurrent custodial sentences affirmed.
Criminal law – Admissibility of character evidence – Evidence Act: prior bad character inadmissible unless conditions met; trial court's reference to inadmissible character evidence may taint its judgment – Sufficiency of evidence – identification and recovery of stolen property and eyewitness police testimony – Sentencing – deterrence and appropriateness of custodial terms for theft from motor vehicle.
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27 June 1988 |
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Conviction for threatening violence upheld; twelve‑month sentence reduced to three months and appellant ordered released with remission.
Criminal law – Threatening violence – Threat with a panga – Conviction under s.89(2) Penal Code – Sentencing discretion – Excessive maximum sentence reduced on appeal – One‑third remission and immediate release.
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27 June 1988 |
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Auditors’ evidence and a signed handing‑over certificate sufficiently supported conviction for shortage by a public officer; appeal dismissed.
Criminal law – Theft/embezzlement by a public servant – sufficiency of audit evidence and handing‑over certificate as proof of shortage and responsibility. Evidence – Evaluation of oral and documentary evidence; missing witnesses/documents do not automatically defeat the prosecution where other reliable evidence proves the offence. Admissions – Signed handing‑over certificates recording deficits as corroborative evidence (not necessarily formal confession).
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27 June 1988 |
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Clan land remains in the clan and cannot be inherited by a non-clan member absent proof of personal acquisition.
Property law — clan land — inheritance rights — whether non-clan member may inherit clan land — necessity of evidence of personal acquisition (e.g. para 28 GN.436/63).
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27 June 1988 |
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27 June 1988 |
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25 June 1988 |
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The respondent, as the surviving child, inherits the whole shamba; the applicant's will-based claim is rejected.
Inheritance law – customary law (GN-436/63) – where deceased left children the children inherit; surviving daughter entitled to father's shamba; purported will by deceased sibling cannot disinherit co-heir; distant relative has no priority.
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25 June 1988 |
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Appellate court restores primary court’s boundary judgment, holding site inspection, sketch plan and corroborated allocation evidence decisive.
Civil — Boundary dispute — weight of site inspection and sketch plan drawn at trial — admissibility and probative value of plan even if recorded with clerk’s assistance. Evidence — allocation of land by village head (mkungu) and corroboration — conflicting witness evidence and assessment of credibility. Appeals — limits on appellate interference with trial court’s factual findings where supported by evidence.
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25 June 1988 |
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An heir retains customary ownership despite guardianship; a guardian’s possession does not extinguish the heir’s right to sell.
Customary land tenure – hereditary succession – whether heirship was extinguished by lapse of possession or transfers under guardianship;* Guardianship of land – possession versus ownership – guardian’s possession does not extinguish beneficiary’s proprietary right;* Validity of sale – absence of physical possession by vendor does not necessarily invalidate a sale where hereditary title subsists.
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25 June 1988 |
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24 June 1988 |
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A Resident Magistrate's Court presided over by a District Magistrate is not duly constituted; proceedings quashed and retrial ordered.
Magistrates Courts Act s.6(1) — Constitution of Resident Magistrate's Court — A Resident Magistrate's Court must be presided over by a resident magistrate; a District Magistrate cannot validly preside — Proceedings and judgment of a court not duly constituted are nullities — Remedy: quash and retrial de novo.
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24 June 1988 |
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Retrial ordered where unlawful substitution of charge and failure to inform accused of rights rendered trial irregular.
Criminal procedure – substitution of charge – prosecution’s application allowed without reasons – accused not informed of right to recall witnesses – procedural irregularity. Retrial – when to order retrial versus acquittal – SUMAR principles – retrial if conviction might result on admissible evidence. Evidence – receipts and identification by village secretaries – handwriting expert unnecessary. Offence – stealing by public servant; uttering false document. Exhibits – return of receipt books and school register to lower court for police.
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24 June 1988 |
Land Law - Inheritance - Land bought by wife - House built on it by wife - After death husband brothers ofthe deceased seeking to inherit the land - Whether proper. |
23 June 1988 |
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Appeal dismissed; concurrent findings that claimant is deceased's son upheld and appellants failed to rebut paternity evidence.
Inheritance and intestacy – entitlement to share of estate – paternity dispute – concurrent findings of fact by trial and district courts – appellate restraint where appellants fail to adduce evidence to rebut paternity finding.
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23 June 1988 |
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Leave to appeal out of time refused where purchaser bought land from a vendor judicially found not to own it; appeal dismissed with costs.
Civil procedure – leave to appeal out of time – applicant who purchased land from vendor found not to own property – vendor did not appeal – purchaser cannot rely on defective title to justify late appeal; remedy is personal claim against vendor.
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23 June 1988 |
Criminal Practice andProcedure - Evidence - Assessment of- Judge departsfrom his assessors in assessing evidence - Whatjudge should do - Baland Singh rule ofpractice. Evidence - Assessment of - Judge departsfrom his assessors in C assessing evidence - Whatjudge should do - Baland Singh rule ofpractice. |
23 June 1988 |
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Whether the suit land belonged to the deceased or the appellant, decided by assessing credibility of the sale documents and witnesses.
Land law – ownership dispute over a shamba and house – proof of sale and genuineness of documents; evaluation of witness credibility and weight of evidence on appeal.
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23 June 1988 |
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The appellant's admissions and corroborating evidence established stealing by servant; appeal against conviction and sentence dismissed.
Criminal law – theft by servant – admissibility and voluntariness of extra‑judicial confessions – sufficiency of documentary and oral evidence to corroborate confessions – defence of imprest rejected for lack of authorisation or records – Minimum Sentences Act, 1972 application to sentencing.
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22 June 1988 |
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Circumstantial and accomplice evidence upheld appellant’s conviction for stealing and selling a government weighing scale.
Criminal law – theft – sufficiency of evidence – circumstantial and accomplice evidence – recent possession; Prosecutorial discretion to call witnesses; Revision powers of High Court and limits under principles of natural justice; Sentence review and judicial notice of value of property.
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22 June 1988 |
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Conviction quashed where prosecution failed to prove false pretences; dispute characterized as a civil debt.
Criminal law – Obtaining money by false pretences – requirement to prove false pretence and criminal intent beyond reasonable doubt; Evidence – credibility and corroboration; Duty of trial court to summon or allow defence witnesses; Civil v criminal character of disputed payment; Use of written acknowledgement of debt (Exhibit P.1) as indicating indebtedness rather than fraudulent obtaining of money.
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22 June 1988 |
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Appellate court upheld conviction where prompt eyewitness ID and a corroborative confession proved robbery beyond reasonable doubt.
Criminal law – Identification evidence – Whether eyewitness identification shortly after offence in bright daylight and arrest near scene is reliable. Criminal law – Confession – Admissibility and corroborative value of a caution statement. Criminal law – Appeal – Assessment of alternative explanations and allegations of police mistreatment; appellate interference with conviction and sentence.
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22 June 1988 |
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Appellant failed to prove exclusive title or trespass; respondent's evidence of permission to occupy was preferred, appeal dismissed.
Land dispute – possession and title – single-witness evidence – credibility and weight – permission by third party to occupy land – failure to specify date of alleged trespass (limitation concern).
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21 June 1988 |
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An appellate court upheld findings that co-owners' fraudulent sale did not vest valid title in the purchaser.
Property law – sale of land by co-owners – alleged fraudulent sale by co-owners to third party – purchaser's title – appellate review of concurrent factual findings and credibility assessments.
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21 June 1988 |
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Convictions quashed where prosecution failed to properly identify recovered items as complainant's stolen property.
Criminal law – Theft and housebreaking – Identification of stolen property – Receipts and generic descriptions insufficient; serial numbers or distinctive marks required to link recovered goods to complainant. Evidence – Standard of proof – High standard required for identification of property before convicting. Criminal procedure – Appeal and revision – Court may quash convictions and set aside sentences where convictions are unsafe; revision powers to quash convictions of non-appealing co-accused.
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21 June 1988 |
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Possession shortly after theft plus tracked footsteps and the accused's silence justified conviction; appeal dismissed.
Criminal law – Theft – Identification of stolen property by contemporaneous tracking of footprints and possession shortly after theft. Criminal procedure – Accused's silence and failure to claim ownership – Adverse inference. Criminal procedure – Prior discharge under section 86(a) CPC does not bar subsequent prosecution.
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21 June 1988 |
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Appeal dismissed where appellant failed procedural compliance and gave an unsupported excuse for non-appearance, warranting dismissal with costs.
Civil procedure – setting aside ex parte judgment; failure to appear – requirement to provide credible evidence of reasonable cause; appeals – procedural compliance (memorandum must be accompanied by the order appealed against); abuse of process for unsupported excuses for non-appearance.
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20 June 1988 |
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A circulated letter accusing a clergyman of misconduct was defamatory; no qualified privilege; appeal dismissed.
Defamation — publication to third parties; imputations against a clergyman — defamatory per se; qualified privilege — burden to prove interest or duty to communicate absent; appellate review of damages — interference only if wrong principle or manifestly excessive.
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20 June 1988 |
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The accused was found not guilty of murder by reason of insanity and remanded as a criminal lunatic.
Criminal law – Insanity – Legal test: whether accused knew nature and wrongness of act at time – Weight of lay and institutional medical evidence – Section 219 C.P.A.: finding of not guilty by reason of insanity and procedure for referral to Minister; custody as criminal lunatic.
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19 June 1988 |
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Appellate court upheld finding that the appellant encroached on the respondent’s shamba after site inspection and witness evidence.
Land law – boundary dispute – encroachment/trespass to shamba; evidentiary value of site inspection (view); credibility of oral ancestral-boundary testimony; appellate review of magistrate’s factual findings.
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18 June 1988 |
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Appeal dismissed where the claimant failed to prove land ownership or produce supporting witnesses; site inspection not substitute for evidence.
Land dispute – recovery of shamba – burden of proof on claimant to establish title or possession by admissible evidence. Evidence – failure to call witnesses – probative effect and consequences for claimant’s case. Evidence – court site inspection and informal interviews – limited evidentiary value and cannot replace formal evidence. Appellate review – whether District Court correctly set aside Primary Court judgment given evidential insufficiency.
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18 June 1988 |
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Accused acquitted of murder after court finds shooting justified as reasonable self‑defence.
Criminal law – Murder v. self‑defence – Reasonable force in defence of person – Accidental discharge defence – Evaluation of conflicting eyewitness evidence and assessors’ opinions.
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18 June 1988 |
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Commencing a customary-land suit in the wrong court without High Court leave renders the proceedings null and void.
Land law – customary tenure – jurisdiction of courts – Magistrates Court Act s.63(1) – requirement to commence immovable property suits in primary court or with High Court leave – sub judice – incompetence and nullity of proceedings.
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17 June 1988 |
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Whether costs should be awarded when leave to withdraw and substitute proceedings is granted under Order 23.
Civil procedure — Withdrawal of proceedings under Order 23 — Whether costs may be awarded under O.23 r.2 when leave to withdraw is granted — Costs addressed under O.23 r.3 when permission refused — Preparation by opposing counsel not an automatic basis for immediate costs award.
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17 June 1988 |
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17 June 1988 |
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17 June 1988 |
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Night-time, brief torchlight identification amid panic was unsafe to prove appellants' guilt beyond reasonable doubt.
Criminal law – Identification evidence – Necessity for watertight identification where identity is disputed; night-time viewing, brief torchlight and panic undermine reliability; alibi evidence and absence of contemporaneous description may create reasonable doubt; convictions cannot rest on mere suspicion.
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17 June 1988 |
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Inherited clan land cannot be validly bequeathed by will; appellant’s claim dismissed with costs.
Property law — Inherited/clan land — Whether land inherited from a paternal ancestor can be bequeathed by will; testamentary disposition of clan property invalid — Wills declared ineffective as to clan/inherited land — Estate to be administered as intestate.
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17 June 1988 |
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Whether the disputed shamba was held on kulindwa or as a Nyarubanja tenancy and effect of enfranchisement.
Land law — tenure: dispute whether land held on kulindwa (guardianship) or as Nyarubanja tenancy; effect of Nyarubanja enfranchisement converting tenants into absolute owners; evidential indicators of Nyarubanja tenure (e.g., reservation to reap coffee trees); succession/inheritance of enfranchised land.
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17 June 1988 |
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Appellant’s challenge to compensation for improvements on shamba dismissed; award upheld and costs awarded.
Land law – compensation for improvements to land – cultivator unseated before harvest entitled to compensation; appellate review – quantum not excessive.
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17 June 1988 |