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Citation
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Judgment date
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| April 1991 |
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Material contradictions in prosecution evidence rendered the robbery conviction unsafe, warranting quashing and release of the appellant.
Criminal law – robbery with violence; evaluation of witness credibility; material contradictions in prosecution evidence; failure to prove charged items; conviction unsafe; appellate interference.
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29 April 1991 |
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Conviction for assault upheld on reliable identification; sentence reduced from five to three years for youth and mitigating factors.
Criminal law — Identification evidence: victim who knew accused and saw him by lamp light sufficient to establish identity; Denial and allegation of concoction insufficient to raise reasonable doubt; Sentence: five-year term for assault causing actual bodily harm reduced to three years for youth and first offender despite serious facial injury.
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29 April 1991 |
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29 April 1991 |
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Appeal against conviction dismissed for reliable identification and weak alibi; sentence reduced from three years to eight months.
Criminal law – Identification evidence – validity of identification in daylight with adequate observation; Alibi – sufficiency and effect of uncertain/contradictory alibi evidence; Sentencing – reduction of excessive custodial sentence for a young first offender who did not materially benefit.
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29 April 1991 |
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High Court dismisses premature bail application where applicant failed to first seek bail in the trial district court.
Criminal procedure – Bail – Jurisdiction and forum – Applicant must first apply for bail in the trial (district) court where the court has power to determine bail in a rape case; High Court application premature if no prior district court application.
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27 April 1991 |
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25 April 1991 |
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Whether the respondent lawfully purchased and is entitled to retain the one acre with his house on the disputed two‑acre parcel.
Land dispute – proof of title by oral evidence and purchase – credibility findings – village allocation of land – entitlement to retain one acre on which house stands.
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25 April 1991 |
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Conviction for stealing by agent upheld; six-year sentence unlawful and reduced to four years, compensation affirmed.
Criminal law – stealing by agent – proof by entrustment and banking evidence; Criminal Procedure Act s170 – limits on district court sentencing; Minimum Sentences Act – scheduled vs non-scheduled offences; mitigation for first offender; compensation for stolen employer funds affirmed.
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25 April 1991 |
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Appellants’ convictions for shopbreaking upheld due to reliable identification, voluntary confessions and corroborating possession evidence.
Criminal law – shopbreaking (s.296(1)) – identification evidence – reliability where witnesses knew accused, saw them at close range by bright street lights. Evidence – caution statements/confessions – voluntariness assessed by presence of peculiar, non‑suggestive details and corroboration. Evidence – possession of recently purchased goods and recovery of complainant’s property as corroboration of confession and theft. Sentencing – application and upholding of minimum sentence under statutory regime.
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25 April 1991 |
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Uncorroborated evidence of a witness with interest (accomplice) rendered the robbery conviction unsafe.
Criminal law – Identification and witness credibility – Evidence of a witness with interest/accomplice requires corroboration; failure to warn court of dangers of uncorroborated evidence is misdirection; alibi evidence and evaluation of defence witnesses – discrepancies not fatal if not inordinate.
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25 April 1991 |
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Child’s unsworn evidence, though admitted without required voir dire, was sufficiently corroborated; conviction upheld but sentence reduced to five years and forfeiture order set aside.
Criminal law – Defilement – Evidence of child witness – compliance with section 127(2) Evidence Act and requirement for voir dire; corroboration by independent evidence; proof of age (medical and parental evidence); consent immaterial where complainant under fourteen. Criminal procedure – Sentencing – District Court’s jurisdiction under section 170(1)(c) Criminal Procedure Act – reduction of excessive sentence. Forfeiture – absence of legal basis for order.
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24 April 1991 |
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Appellant failed to prove title; appeal dismissed and respondent declared owner based on credible occupation and cultivation evidence.
Land law – proof of title – occupation and cultivation as evidence of ownership – credibility of witnesses on boundaries – effect of non-attendance at court-organised site view.
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24 April 1991 |
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A customary-law cattle-exchange claim is time-barred where filed after the statutory three-year limitation without extension.
Limitation of actions – Cause of action accrual in a customary-law cattle exchange – Applicable limitation period under Magistrates Courts Act (G.N. 311/64) is three years – Suit instituted long after accrual and without extension is time-barred – Primary court erred in admitting claim; district court correctly set it aside.
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24 April 1991 |
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Court allowed extension for lodging appeal where practical difficulty obtaining Primary Court judgment caused delay.
Leave to appeal out of time – difficulty in obtaining copies of Primary Court judgments – discretion of District Magistrate when considering extension of time – consideration whether appeal is on point of law or on substance – procedural fairness in granting leave.
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23 April 1991 |
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Appellant’s boundary claim failed; lower courts’ factual findings of no encroachment were upheld and appeal dismissed with costs.
Land law – boundary dispute – possession and encroachment – credibility of local witness – appellate review of factual findings – findings of lower courts upheld.
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23 April 1991 |
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Respondent acquired lawful ownership by long continuous occupation; district court decision affirmed and appeal dismissed.
Property law – Adverse possession/prescription – Continuous, uninterrupted occupation for statutory period vests title by limitation. Evidence – Credibility and sufficiency of witness testimony to establish possession. Appeal – Appellate court will not disturb district court findings supported by credible evidence.
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23 April 1991 |
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Bill of costs taxed: most items allowed; instruction fee reduced as excessive and overall bill adjusted accordingly.
Taxation of costs – assessment of reasonableness of bill items – instruction fee excessive and reduced – items 2–29 allowed as presented following ex parte judgment.
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23 April 1991 |
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Appeal dismissed: recovered stolen items and lack of corroboration, plus appellant’s absence, upheld the trial convictions and sentences.
Criminal law – Burglary and theft – recovery and identification of stolen property – sufficiency of evidence linking recovered items to accused. Criminal procedure – Right to cross‑examine – effect of accused’s absence where accused has absconded. Evidence – Attendance and production of additional witness (ten‑cell leader) – failure to corroborate appellant’s defence. Appeal – Challenges to conviction and sentence upheld only where factual or procedural prejudice shown.
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22 April 1991 |
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Ballistic, eyewitness and circumstantial evidence proved the accused shot the deceased; intoxication negated intent, conviction was manslaughter (18 years).
Criminal law – Homicide: sufficiency of identification and dying declaration corroboration; ballistic and circumstantial linkage to accused’s issued firearm. Intoxication – effect on malice aforethought and reduction from murder to manslaughter. Sentencing – seriousness of offence by police officer versus mitigating factors (remand, age, dependents).
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22 April 1991 |
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Appeal allowed because unexplained discrepancy in bicycle frame numbers made the theft conviction unsafe; owner may claim compensation.
Criminal law — Theft by agent — Entrusted property — Identity of property — Discrepancy in exhibit (frame) numbers — Unresolved material discrepancy undermines safety of conviction; civil compensation available where entrusted property lost while in agent's custody.
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22 April 1991 |
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Convictions based on customary-rite admissions without direct corroboration are unsafe and were quashed.
Criminal law – Evidence – Reliance on admissions obtained through customary ritual procedures; reliability and sufficiency of such statements – Necessity of direct/corroborative evidence where theft not witnessed and alleged buyer not produced.
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19 April 1991 |
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Conviction for theft by servant quashed due to contradictory accounting evidence and improperly identified exhibits.
Criminal law – Theft by servant – Sufficiency of evidence – Accounting documents and exhibits must be properly identified and linked in evidence – Contradictory witness statements and lack of professional audit evidence render conviction unsafe – Appeal: conviction, sentence and compensation order set aside.
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19 April 1991 |
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Appeal allowed in part: theft conviction not proved, but possession of stolen property under section 311(1) sustained with a Shs.3,000 fine.
Criminal law – Theft and possession of stolen property – sufficiency of identification evidence – whether prosecution proved theft beyond reasonable doubt – substitution/confirmation of conviction for possession under section 311(1) of the Penal Code.
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19 April 1991 |
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Whether cattle given as an alleged sacrificial offering were in fact unpaid bridewealth and lawfully retained by the respondent.
Marriage law – bridewealth (lobola) – unpaid bridewealth remains a subsisting liability though not essential to marriage validity – cattle as principal item of customary bridewealth. Evidence – requirement to prove agreed amount/type of bridewealth; absence of formal proof allows customary expectations to inform entitlement. Property – conversion of assets given under disputed purpose where transferred to satisfy a debt. Remedies – costs discretion where respondent partly responsible for dispute.
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19 April 1991 |
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Single-witness visual identification in darkness and panic is unreliable; absence of corroboration requires acquittal.
Criminal law – Identification evidence – Visual identification by a single witness under darkness, panic and intoxication – Weakest form of evidence – Need for corroboration as matter of prudence – Failure to prove guilt beyond reasonable doubt.
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19 April 1991 |
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Court held accused must be allowed to reply to prosecution objections before bail is refused; granted conditional bail to one appellant.
Criminal procedure – bail – when court must consider bail – accused must indicate intention to seek bail before court is obliged to act. Criminal procedure – natural justice – accused entitled to reply to prosecution objections to bail. Bail – presumption of innocence – prosecutorial assertions of likely escape require scrutiny. Statutory disqualification – facing other pending charges may bar bail under s.14(5) C.P.A.
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18 April 1991 |
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The appellant's conviction was quashed because identification by colour alone did not establish ownership of the alleged stolen property.
Criminal law – Theft and housebreaking – Identification of stolen property – Identification by colour alone insufficient unless colour peculiar to owner. Possession and concealment – Presence of item in accused’s house does not automatically prove ownership or guilt. Burden of proof – Prosecution must prove ownership and guilt beyond reasonable doubt.
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16 April 1991 |
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Failure to prove native status defeats a customary tenure claim; municipal allocation of the plot was valid.
Land law – customary tenure (deemed right of occupancy) – requirement to prove "native" status; municipal land allocation – validity of grant of occupancy within city boundaries; evidentiary weight of hearsay from absent interested person; procedural duty to frame issues (Order XIV Rule 1(5) CPC).
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15 April 1991 |
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Appeal allowed: ownership affirmed for appellant; damages against appellant set aside for lack of proof.
Land law – void disposition – purchaser cannot acquire better title than vendor; Acquiescence/estoppel – non-application where owner protests on discovery; Damages – special damages require specific, competent proof; Evidence – quantum of destroyed crops and value of structures must be proved.
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14 April 1991 |
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Owner may be strictly vicariously liable where a vehicle leaves the road; ex parte judgment not set aside after inexcusable delay.
Tort — Motor vehicle accidents — vicarious liability and strict liability where vehicle leaves road and damages property. Civil v. criminal standard of proof — acquittal in criminal proceedings does not preclude civil liability. Procedure — ex parte judgment; setting aside requires prompt application within statutory time; defective service must be shown. Execution — postponement of sale by tender does not amount to adequate security to stay execution.
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13 April 1991 |
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Leave to appeal denied because the dispute was purely factual and no point of law was certified under s.4(2)(c).
Appellate jurisdiction – leave to appeal – Appellate Jurisdiction Act 1979 s.4(2)(c) – no appeal on purely factual matters without a certified point of law.
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13 April 1991 |
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Application for leave to appeal dismissed as time‑barred under Rule 43(a); costs awarded to the respondent.
Appeal procedure – leave to appeal – time limits – Rule 43(a) Tanzania Court Rules 1979 – application dismissed as time‑barred; costs awarded.
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13 April 1991 |
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13 April 1991 |
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Conviction based on defective charge and improperly admitted written statement was unsafe and was quashed; sentence set aside.
Criminal law – defective particulars of charge – failure to state elements of s.294(2) Penal Code; Evidence – admissibility of written statements under s.34B Evidence Act ("beyond the seas"/reasonable steps to procure attendance); Procedural fairness – substitution/amendment and opportunity to recall witnesses; Conviction unsafe – quashed and sentence set aside.
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13 April 1991 |
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Application to set aside dismissal for non-appearance dismissed as filed outside the 30-day limitation without sufficient explanation.
Civil procedure — Application to set aside dismissal for non-appearance; limitation — thirty-day period under Law of Limitation Act 1971; delay and explanation — adequacy of affidavit evidence to justify condonation of late filing; costs awarded for unsuccessful application.
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13 April 1991 |
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Appeal allowed in part: respondent liable to pay shs 16,000 transport charges for timber; parties to bear costs proportionately.
Contract — construction — whether agreement was for sale only or also for transport of goods; entitlement to transport charges. Evidence — Exhibit showing delivery received but transport charges unpaid — effect on relief. Quantum — factual finding of number of trips and timber per trip used to calculate transport costs. Appeal — partly allowed; award for transport costs and costs to be borne proportionately.
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13 April 1991 |
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Husband remains liable for maintenance arrears despite wife's temporary cohabitation with parents; TSh 71,000 award confirmed.
Family law – Maintenance – Effect of wife's temporary cohabitation with parents on husband's duty – Section 63(a) Law of Marriage Act 1971 – Arrears of maintenance – Reasonableness of award.
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12 April 1991 |
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Reported
Conviction for defilement quashed where prosecution failed to prove victim's age and trial treated offence as rape.
Criminal law – Defilement (s136(1)) distinguished from rape (s130) – essential element of age under fourteen must be proved; consent immaterial to defilement. Trial procedure – Mischaracterisation of charge as rape and emphasis on consent is fatal where age is not proved. Conviction quashed for failure to prove essential ingredient.
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12 April 1991 |
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Conviction quashed where trial confused rape and defilement and prosecution failed to prove age or lack of consent.
Criminal law – Sexual offences – Distinction between rape and defilement – rape requires proof of lack of consent; defilement requires proof of victim’s age – conviction unsafe where trial confused and essential elements not proved.
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12 April 1991 |
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Appeal allowed: convictions quashed due to weak, uncorroborated prosecution evidence and trial irregularities; no further evidence called.
Criminal law – robbery with violence – sufficiency and corroboration of police evidence and vehicle identification documents. Criminal procedure – section 369 Criminal Procedure Act – appellate court’s discretion to call further evidence; requirements and limits. Trial fairness – irregularities in trial record where evidence was recorded by successive magistrates; effect on safety of conviction. Remedy – quashing of unsafe convictions and release of accused.
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12 April 1991 |
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Prosecution failed to prove the accused inflicted the fatal blows; inconsistencies raised reasonable doubt and led to acquittal.
Criminal law – Murder – causation and identification of assailant – weight of witness credibility and inconsistencies – circumstantial evidence – reasonable doubt – acquittal.
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12 April 1991 |
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Conviction quashed because nighttime identification and inconsistent evidence left a real possibility of mistaken identity.
Criminal law – Visual identification at night – Reliability of identification evidence – Possibility of mistaken identity where lighting and distance are doubtful; discrepancies in witness accounts and absence of independent witnesses may render conviction unsafe.
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12 April 1991 |
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Appeal succeeds: lower court erred by dismissing without evidence; matter remitted for rehearing to determine subsistence of Christian marriage.
Family law – determination of subsistence of prior Christian marriage – burden of proof on person asserting prior marriage – requirement for evidence and fair hearing; procedural fairness – remittal for rehearing by different magistrate.
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11 April 1991 |
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Court remits case for rehearing to determine whether an earlier marriage subsisted when a later Christian marriage was contracted.
Matrimonial law – declaration of marital status – whether earlier marriage subsisted when a later Christian marriage was contracted – burden of proof rests on the party asserting subsistence – remittal for rehearing and directions as to evidence and magistrate assignment.
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11 April 1991 |
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A village chairman's malicious false letters were defamatory; the plaintiff awarded shs 200,000.
Defamation – publication of false statements to district officials – malice/ill‑will – arrest and reputational harm – entitlement to general damages – injunction refused.
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11 April 1991 |
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The court upheld the custody award to the respondent, prioritizing children's welfare and Wagogo customary law.
Family law — Custody of children — Welfare of the child paramount — Consideration of Wagogo customary law (patrilineal descent) — Appellate review of Primary Court custody orders — Applications to vary custody to commence in original Primary Court.
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11 April 1991 |
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Appeal allowed: Primary Court’s finding of village grant and family possession of disputed land restored; District Court’s reversal set aside.
Land dispute — ownership of small parcel given by village government — evidence of village grant and family possession; appellate review of factual findings; admissibility and weight of tendency/corroborative witnesses.
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10 April 1991 |
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Appeal dismissed where crop-damage award was unsupported by credible evidence and assessor did not testify.
Civil procedure – appeal – appellate court’s review of findings of fact and credibility. Evidence – credibility of interested witnesses and absence of assessor’s testimony undermining award. Damages – assessment of compensation must be supported by evidence and calculable basis. Costs – successful respondent entitled to costs and transmission of certified judgment to lower court.
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10 April 1991 |
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Appeal allowed: conviction substituted by the District Court was improperly entered and is set aside for lack of required evidence.
Criminal law – Penal Code – s.89(2)(a) threatening violence – requirement of proof of an actual threat to injure or destroy property. Criminal procedure – appellate powers – substitution of conviction – substitution impermissible where ingredients of substituted offence not proved. Interpretation – "breaking" (s.89(1)(b)) – entails specific acts (e.g., forcible entry) and cannot be inferred without supporting evidence.
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10 April 1991 |
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Conviction for cattle theft quashed where prosecution failed to disprove entrusted custody and raise reasonable doubt.
Criminal law – Theft – Cattle theft – Requirement that prosecution prove guilt beyond reasonable doubt. Evidence – Entrustment of property – Where complainant entrusts property to accused, dispute may be civil rather than criminal. Benefit of doubt – Accused's plausible explanation (death by disease or hyenas) not disproved entitles accused to acquittal.
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9 April 1991 |