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Citation
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Judgment date
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| January 1990 |
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Eyewitness and handwriting identification evidence upheld conviction for stealing by a public servant; appeal dismissed.
Criminal law – stealing by public servant – sufficiency of evidence; Evidence – eyewitness identification and handwriting evidence – admissibility under s49(1) and proof of signature under s69 Evidence Act; Failure to account for entrusted public property; Sentence – concurrent seven years confirmed.
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31 January 1990 |
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Appellant's conviction quashed due to inadequate identification of alleged stolen item and resulting reasonable doubt.
Criminal law – Theft and unlawful possession – Insufficient identification of alleged stolen property; lack of evidence of breaking; benefit of doubt and acquittal where reasonable doubt exists.
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31 January 1990 |
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Convictions quashed where reliance was placed on an inadmissible retracted statement and illegal search evidence.
Evidence — Extra‑judicial statement — Admissibility and confession; requirement of corroboration for statements implicating co‑accused; Accomplice evidence and corroboration; Criminal Procedure Act s.38 — search and seizure inventory/receipt mandatory; Hearsay inadmissible where informant does not testify; Trial judgment drafting standards.
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31 January 1990 |
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First accused’s theft conviction upheld on reliable identification and recent possession; second accused acquitted for lack of proof of knowledge.
Criminal law – Burglary and theft – Identification evidence – Identification in daylight, opportunity to observe transaction and parade identification – recent possession doctrine. Criminal law – Receiving stolen property – Mens rea requirement that receiver knew or had reason to believe property was stolen at time of receipt – benefit of doubt where knowledge not established beyond reasonable doubt.
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31 January 1990 |
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Conviction for cattle theft substituted with receiving stolen property; enhanced sentencing statutes inapplicable and sentence reduced to three years.
Criminal law – conviction substituted for alternative offence – receiving stolen property where accused admitted knowledge of theft; Sentencing – inapplicability of Economic and Organized Crime Control Act and Minimum Sentences Act to receiving stolen cattle; Stock Theft/Specified areas limitations.
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31 January 1990 |
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Conviction based on inadmissible hearsay and an unsigned extrajudicial statement was unsafe and quashed.
Evidence — hearsay and second‑hand testimony — inadmissible written/extrajudicial statements — requirements of section 34(B) Evidence Act — absent witness’s statement not automatically admissible — conviction unsafe where no direct evidence of possession.
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31 January 1990 |
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Appeal dismissed: conviction for contempt upheld where appellant disobeyed a lawful court order to refrain from occupying disputed land.
Criminal law – Contempt of court – Disobedience of a lawful court order – Taking possession of land after being ordered not to occupy it. Evidence – Credibility of witnesses – Administrator, village chairman and inspector testimony held sufficient to establish possession. Property/Probate – Dispute over estate distribution irrelevant to contempt where the appellant did not appeal prior order. Sentence – Six months imprisonment not excessive.
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31 January 1990 |
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Daylight observation and recent possession evidence upheld conviction despite unreliable nighttime visual identification.
Criminal law – Theft – Identification evidence – Night-time visual ID unreliable; Daylight observation and recent possession; Identification of recovered property; Alibi and reasonable doubt; Sentence proportionality.
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30 January 1990 |
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Conviction quashed where prosecution failed to prove timing of theft or link the watchman to the stolen property.
Criminal law – circumstantial evidence – proof beyond reasonable doubt – necessity of establishing time of breaking/theft to link watchman to offence; recovery of stolen property at co-accused's workplace insufficient without temporal or direct link.
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30 January 1990 |
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The applicant’s appeal succeeded to convict respondents of common assault where corroborated evidence showed post-disarmament beating.
Criminal law – assault – appeal against acquittal – where struggle produced injury but subsequent beating and mistreatment occurred, appellate court may convict for lesser offence (common assault) based on medical records and corroborating witness evidence.
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30 January 1990 |
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Convictions based on an unwitnessed, procedurally defective search were unsafe; convictions and sentences set aside and fine ordered refunded.
Criminal procedure – search and seizure – searches conducted in accused’s absence and without independent civilian witness – admissibility and sufficiency of evidence; Criminal law – accessory after the fact – sentencing limits; Minimum Sentences Act – legality of fines; Revisionary powers of higher court – setting aside unsafe convictions and sentences.
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30 January 1990 |
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Conviction quashed where recent-possession and shoeprint evidence failed to positively link the appellant to the burglary.
Criminal law – Burglary – Circumstantial evidence; Recent possession doctrine – requirement of positive, exclusive linkage of recovered items to the stolen goods; Identification evidence – shoeprints and marked footwear; Public place – possibility of innocent presence; Standard of proof – beyond reasonable doubt.
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30 January 1990 |
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Convictions based on unauthenticated payrolls and slipshod prosecution evidence were quashed for failure to prove theft beyond reasonable doubt.
Criminal law – stealing by public servant – conviction quashed where prosecution relied on unauthenticated documentary evidence (pay‑rolls); admission of documents subject to proof of authorship; procedural irregularity where trial continued before a different magistrate without recalling original magistrate or informing accused of s.214(2) rights; insufficiency of evidence and failure to prove guilt beyond reasonable doubt.
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30 January 1990 |
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Appellate court upheld conviction for defilement based on credible eyewitness testimony, corroborative physical evidence, and appellant’s inconsistent defence.
Criminal law – defilement of person of unsound mind; credibility of eyewitness evidence; corroboration by physical facts; accused’s inconsistent defence and flight as indicia of guilt.
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29 January 1990 |
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Circumstantial and medical evidence corroborated the child-victim’s account; conviction and sentence for defilement upheld (sentence confirmed on revision).
Criminal law – Defilement; corroboration of child-victim’s testimony by contemporaneous and circumstantial evidence; identification at scene; probative value of medical report despite delay; absence of semen or forensic testing not necessarily fatal to prosecution; sentencing confirmation under s.170 Criminal Procedure Act; exercise of revisional powers to confirm sentence.
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26 January 1990 |
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Grant revoked for concealment of prior proceedings and Zanzibar domicile finding divesting local jurisdiction.
Probate and Administration – Revocation of grant – Non-disclosure of prior probate proceedings in prescribed form – Concealment as ground for revocation under s.49(1)(b). Jurisdiction – Domicile finding by district court vests exclusive probate jurisdiction in Zanzibar courts; subsequent grant elsewhere subject to review.
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26 January 1990 |
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Accused found legally insane at time of fatal assault; special finding made and detained as criminal lunatic.
Criminal law – Murder – Defence of insanity – Burden on accused to prove insanity on balance of probabilities – Role of psychiatric report and assessors – Special finding under s.219(2) & (3) Criminal Procedure Act 1985 – Detention as criminal lunatic and referral to Minister.
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26 January 1990 |
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A conviction entered on an erroneously recorded guilty plea (despite a not guilty response) is quashed and sentence set aside.
Criminal procedure – Pleas – Court cannot lawfully convict on a plea of guilty where the accused pleaded not guilty; erroneous recording of plea vitiates conviction and sentence – Remedy: quash conviction, set aside sentence and remit for fresh proceedings in accordance with correct plea; release if imprisoned under erroneous sentence.
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26 January 1990 |
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Conviction for unlawful possession affirmed but sentence set aside and substituted, resulting in appellant’s immediate release.
Arms and Ammunition — unlawful possession of firearm — licensed in deceased relative’s name — sentencing discretion — mitigation (student status, lack of knowledge) — time served — reduction/set-aside of sentence leading to immediate release.
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26 January 1990 |
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Non‑compliance with Order 6 r.14 and r.15(2) justified striking out the plaint and awarding costs to the defendant.
Civil procedure – Striking out plaint – Non‑compliance with Order 6 r.14 (signature) and Order 6 r.15(2) (verification) – Authorization to sign for co‑plaintiffs – Wrong party (Order 1 r.10(2)) considered but not established.
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25 January 1990 |
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The plaintiff’s amended pleading did not plead fraud as a matter of law, but amendment was allowed to avoid multiplicity and limitation.
Civil procedure – Pleadings – Cause of action – Whether averments in amended plaint (paras 9–10) disclose fraud; amendment of pleadings – court’s discretion to allow amendment to avoid multiplicity of suits and limitation problems; preliminary objection to pleadings.
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25 January 1990 |
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Employee not entitled to pay while voluntarily absent and not formally suspended despite pending criminal charges.
Employment law – entitlement to salary during suspension or absence – effect of criminal prosecution on pay – Security of Employment Act s.29(3) (as amended) – employee’s failure to report to work and employer’s non-recognition.
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25 January 1990 |
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Identification evidence and sentencing under the amended Minimum Sentences Act upheld; knife excluded from "arm" for 30-year armed-robbery minimum.
Criminal law – robbery with violence – identification evidence and credibility – alibi – delay in reporting – medical evidence of dangerous injury; Sentencing – Minimum Sentences Act 1972 as amended by Act No.10/1989 – construction of "arms" for armed robbery – knife not an "arm" for 30-year minimum; Subordinate courts' sentencing limits under Criminal Procedure Act s.170 and legislative anomaly.
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24 January 1990 |
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Appeal dismissed: appellate court upholds robbery conviction based on trial magistrate's accepted identification and credibility findings.
Criminal law – Robbery with violence – Whether conviction or attempted robbery where no recovered property – Identification evidence and witness credibility – appellate deference to trial magistrate who saw witnesses.
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24 January 1990 |
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Night-time visual identification of alleged arsonists was unreliable; conviction quashed and sentences set aside.
Criminal law – arson – visual identification at night – reliability and risks of mistaken identity; appellate scrutiny of witness identification; effect of delay in arrest on alibi and credibility; trial judge’s subjective impression insufficient to cure weak identification evidence.
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23 January 1990 |
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A bona fide claim of right to land and trees precludes criminal conviction for malicious damage; dispute belongs in civil court.
Criminal law – Malicious damage to property – Applicability where accused raise bona fide claim of right under section 9 Penal Code – When dispute is essentially civil and not appropriate for criminal prosecution.
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23 January 1990 |
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A conviction based on uncorroborated, contradictory co‑accused evidence is unsafe and was quashed.
Criminal law – unlawful possession of firearm – reliance on cautioned statement of co-accused – corroboration by witness – credibility assessment – contradictions – unsafe conviction quashed.
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23 January 1990 |
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Appeal dismissed on personation charge but conviction for demanding money with menaces quashed; restitution ordered.
Criminal law – Personation of a public officer – Evidence required to prove personation under section 100(1) and (2) of the Penal Code. Criminal law – Demanding money with menaces – Distinction between mere personation and demand by threats; requirement that menaces be proved for section 292 offence. Appeal – Appellate court will not disturb trial court’s credibility and factual findings where prosecution evidence is watertight. Remedy – Quashing of unproven conviction and order for restitution.
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23 January 1990 |
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Conviction and eight‑year sentence for receiving stolen property upheld; appeal dismissed.
Criminal law – Receiving stolen property – possession and identification of stolen goods; burden to prove lawful possession; sentencing – repeat offender, appropriateness of custodial term.
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22 January 1990 |
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Court set aside criminal convictions and compensation where land-ownership dispute, unproven damages, and procedural irregularities prevailed.
Criminal law v. civil remedy – where dispute over ownership/possession of land exists, matter may be civil not criminal; criminal proceedings inappropriate. Evidence – appellate court may not admit or rely on fresh evidence/sketch plan not tendered and not tested at trial. Damages – quantum must be specifically pleaded and proved; arbitrary assessments unsustainable. Procedure – visits to scene/land must be recorded in the case file. Intent – malicious intent must be established to sustain malicious damage conviction.
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22 January 1990 |
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Conviction for store breaking set aside where evidence was insufficient and police testimony unreliable; facts supported trespass only.
Criminal law – store breaking (s.296) – sufficiency of evidence – failure to tender padlock and lack of independent proof of stolen goods; credibility of police witnesses – alternative verdict of criminal trespass (s.299) considered but not available as substitution; conviction set aside.
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19 January 1990 |
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Conspiracy and attempt convictions upheld; theft and destroying-evidence convictions quashed; sentences and compensation order varied.
Criminal law – conspiracy to defraud – use of duplicate passbooks; Theft – claim of right and required criminal intent; Attempted theft – presentation of withdrawal exceeding actual funds; Destruction of evidence – insufficiency of proof; Sentencing – reduction for excess and increase to meet statutory minimum; Compensation orders – necessity to specify amounts per accused.
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19 January 1990 |
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Appeal struck off register because the original trial record was destroyed and the appellant was about to complete the sentence.
Criminal procedure – Missing or destroyed trial record – Appeal prosecution impossible where original record unavailable – Striking appeal off the register where appeal cannot be meaningfully pursued and appellant nearing end of sentence.
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18 January 1990 |
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Voluntary admissions and possession of stolen cattle sufficed to uphold conviction for cattle theft.
Criminal law – Cattle theft (s.268(1) Penal Code) – Confessions – voluntariness and admissibility – possession of recently stolen property as corroboration – assessment of witness inconsistencies and hearsay from community justice actors (Sungusungu).
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18 January 1990 |
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Conviction for cattle theft committed before amendment quashed for lack of DPP consent and statutory transfer.
Criminal procedure – Jurisdiction – Economic and Organized Crimes Control Act – Classification of cattle theft – Requirement of DPP consent/transfer for trial in subordinate court – Proceedings without required consent are nullities – Quashing of conviction and remittal for proper processing.
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18 January 1990 |
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Offence committed before statutory amendment remained an economic offence; trial without DPP consent or transfer was a nullity.
Criminal law – Economic and Organized Crimes Control Act – cattle theft classified as an economic offence where committed before amendment taking effect – jurisdiction of Economic Crimes Court required. Procedural requirements – consent of the DPP or transfer certificate necessary before trial by subordinate court. Interpretation – repeal/amendment not affecting prior offences (Interpretation and General Clauses, s.14). Failure to comply with statutory prosecutorial/transfer requirements renders proceedings a nullity.
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18 January 1990 |
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18 January 1990 |
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Absence after closing evidence does not justify dismissal; court must hear respondent's case and decide on the merits.
Civil procedure — dismissal for non-appearance — plaintiff who has closed evidence — correct procedure is to hear defendant's case and determine merits; Labour law — prosecuting officer giving evidence — no absolute prohibition; Restoration of suit — merits preferred over procedural dismissal.
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18 January 1990 |
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Conviction for theft upheld on recent-possession evidence; seven-year sentence reduced to five years under statutory limit.
Criminal law – Theft – Recent possession of recently stolen motor-vehicle parts as basis for conviction. Evidence – Credibility – trial court as primary finder of fact; appellate court will not disturb credibility findings without clear misdirection. Criminal procedure – Retraction of caution statement and denial of witnesses did not undermine conviction where independent evidence of recent possession existed. Sentencing – Reduction of sentence under section 170(1)(2)(a)(ii) Criminal Procedure Act where subordinate court’s statutory power limited.
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18 January 1990 |
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Circumstantial evidence insufficiency and misjoinder of alternative offences led to quashing of convictions; repayment order sustained.
Criminal law – circumstantial evidence – sufficiency to prove guilt beyond reasonable doubt; Criminal procedure – misjoinder/alternative counts – charging same transaction under two statutes as separate counts causes miscarriage of justice; Economic and Organized Crime Control Act – application where prosecutorial treatment inconsistent; Compensation orders surviving quashed convictions.
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17 January 1990 |
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Buyer entitled to vacant possession; seller’s belated refusal and capacity claim rejected; appeal dismissed with costs.
Contract law – sale by instalments – validity and enforceability of sale agreement where buyer paid instalments and small balance remained unpaid.* Evidence – documentary exhibits and witness endorsements – role in proving parties’ awareness and consent to transaction.* Capacity – allegation of mental incapacity to avoid a contract – assessed against contemporaneous witnesses and conduct.* Relief – purchaser’s right to vacant possession where payments under sale agreement established.
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17 January 1990 |
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Appeal dismissed; conviction and sentence for grievous harm upheld, despite trial court’s failure to record mandatory confirmation of the large fine.
Criminal law – grievous harm – evidence of adult witnesses – corroboration not required unless witness is accomplice or interested party. Criminal procedure – delayed arrest – not per se fatal to prosecution. Evidence – testimony of children requires corroboration. Sentencing – confirmation of fines exceeding statutory threshold (s.170(2) Criminal Procedure Act 1985) is mandatory; failure to record confirmation is serious but may be remedied on appeal depending on circumstances.
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17 January 1990 |
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A written will witnessed by illiterate persons and executed when the testator was near death is invalid; the deceased died intestate.
Wills — Witnesses to a written will must be able to read and write (Paragraph 19, Third Schedule to GN.436/63); testimonial capacity and timing of execution — will executed when testator was severely ill/nearing death may be invalid (Paragraph 7, Third Schedule to GN.436/63); invalidity leads to intestacy; costs awarded to successful appellant.
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17 January 1990 |
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Proceedings and sentence from a court lacking territorial jurisdiction are null and the accused must be released; prosecution may re‑charge.
Criminal law — Territorial jurisdiction — Proceedings conducted by a court lacking jurisdiction are nullities and may be quashed; sentence imposed by such court set aside; prosecution may re‑institute charges in proper forum.
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17 January 1990 |
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A will lacking required signatures for an illiterate testator is void; photocopy found forged and appeal dismissed.
Wills – validity – statutory formalities for illiterate testator – Paragraph 19, Third Schedule G.N. 438/63 – required signatures. Evidence – documentary forgery – photocopy of will held not genuine. Appeals – concurrent findings of lower courts upheld on second appeal. Intestacy – where will void, estate distributed as intestate.
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16 January 1990 |
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An alleged ex parte judgment not recorded is invalid and its execution requires refund; matter remitted for hearing on the merits.
Civil procedure – Ex parte judgment – Validity and proof – Requirement that judgment be recorded and requisites for substituted service be established before entry and execution; execution under non-existent decree requires refund and matter remitted for hearing on merits.
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16 January 1990 |
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Appeal allowed: conviction quashed where evidence was insufficient and trial magistrate erred on law and possibly jurisdiction.
Criminal law – Offence of wilful obstruction of police (s.243(b) Penal Code) – insufficiency and contradictions in police evidence – role and limited powers of village secretary/officials in community disputes – jurisdiction of magistrates to try offences originating outside their district.
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16 January 1990 |
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Appellant’s challenge to ex parte judgment and procedural irregularity failed; appeal dismissed with costs.
Procedure – extension of time – appeal against ex parte judgment; Rent Restriction Act, s.11 – retrial v. fresh application; service and absence – ex parte hearing proper if notice given; Tribunal procedure – request for reconstruction of lost file does not impair impartiality.
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16 January 1990 |
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Primary Court had jurisdiction over the probate; appellant’s application to adduce additional evidence was rejected as irrelevant.
Primary Court jurisdiction over probate involving registered land; admissibility of additional documentary evidence on appeal; relevance of birth and marriage certificates in probate disputes.
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16 January 1990 |
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Whether absence of clan-member witnesses voids a sale of clan land; court upheld purchaser's title.
Land law – Clan land – Sale of clan land – Whether absence of clan-member witnesses voids sale – Witness requirement not prescribed; sale witnessed and valid – Concurrent factual findings of clan ownership upheld but sale valid – Appellate relief allowing purchaser’s title.
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15 January 1990 |