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Citation
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Judgment date
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| May 1991 |
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31 May 1991 |
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Appellate court reinstated theft conviction, holding eyewitness ID reliable without corroboration and confession admissible as voluntary.
Criminal law – Theft – Eyewitness identification – No requirement of corroboration where identity is known – Confession before ward secretary – voluntariness and admissibility – Appellate review of quashing conviction.
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31 May 1991 |
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First accused convicted of manslaughter (self‑defence probable but excessive force/concealment); second accused acquitted for lack of corroboration.
Criminal law – Homicide – distinction between murder and manslaughter – self‑defence and excessive force – accessory after the fact – reliance on uncorroborated testimony.
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31 May 1991 |
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Self‑defence found probable: accused convicted of manslaughter; alleged accessory acquitted for lack of corroboration.
Criminal law – murder versus manslaughter – self‑defence – excess of force; accessory after the fact – requirement for corroboration; weight of assessors' unanimous view.
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31 May 1991 |
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Court lacked jurisdiction because the dispute was previously adjudicated and defendants complied with the award; suit struck out.
Labour law – jurisdiction – previous trade dispute inquiry and award – settlement registration – compliance with award – conciliation under section 26(2) of repealed Act No.41 of 1967 – curable non‑registration – striking out of misconceived proceedings.
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31 May 1991 |
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District court exceeded jurisdiction by convicting on appeal/revision without giving the accused an opportunity to be heard; acquittal restored.
Criminal law – appeal/revision from primary to district court – jurisdiction to substitute conviction for acquittal – accused must be given opportunity to be heard (District Courts Act s.22(2) and s.21(1)(b)) – self‑defence findings – insufficiency of prosecution evidence to justify conviction on revision.
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30 May 1991 |
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30 May 1991 |
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Allocation by ten‑cell leader was valid; appellate court restored Primary Court and set aside District Court judgment.
Land law – village land allocation – delegation of allocation powers to ten‑cell leaders – validity of customary/administrative allocation procedure; appellate review – correctness of District Court quashing Primary Court factual findings; compensation – appropriateness where quashing conflicts with established occupation and improvements.
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30 May 1991 |
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Identification evidence by village witnesses of accused near a tied, marked cow was sufficient; convictions and sentences affirmed.
Criminal law – Theft (cattle) – Identification evidence – Visual identification by witnesses who knew accused in the village and observed them near tied, marked animal – Sufficiency and reliability of identification evidence. Appeal – Whether reasonable doubt as to identity existed – No real possibility of mistaken identity – Conviction and sentence affirmed.
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29 May 1991 |
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An attempted retrial/transfer of a concluded probate matter was improper; original grant and winding up at the competent Primary Court were upheld.
Probate and administration – transfer and retrial of probate causes – validity of reopening or transferring a concluded probate to another Primary Court under Magistrates’ Courts Act sections 47(1)(b) and 49(1)(b). Jurisdiction – situs of immovable property and Primary Court competence. Res judicata – effect of prior grant and winding up on subsequent administration proceedings. Misuse of administrative powers – magistrate facilitating fresh judicial proceedings improperly.
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29 May 1991 |
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An appeal was dismissed where the appellant failed to seek restoration in the lower court and showed lack of diligence.
Criminal procedure — Appeal — Non-appearance at appellate hearing — Requirement to apply to lower court for restoration before appealing to higher court — Appeal premature and dismissible for lack of diligence in prosecution.
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29 May 1991 |
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Conviction quashed where cautioned statement was misapplied and prosecution failed to remove reasonable doubt.
Criminal law – Evidence – Weight and import of cautioned statements and retractions; disputed signature evidence; prosecution duty to investigate and call available witnesses; reasonable doubt — conviction quashed where misdirection and lack of corroboration left reasonable doubt.
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27 May 1991 |
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Long-term occupation and development (since 1949) entitled respondents to retain land, so appellant's ancestral title claim failed.
Land law — possession and title; adverse possession/long occupation; equity reluctant to disturb long-term occupants who have developed land; proof of ancestral title versus acquired possession.
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27 May 1991 |
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Appellant's attempt to forfeit proceeds from alleged excess ivory export dismissed; respondent's restitution upheld.
Criminal law – export offences and forfeiture; Appellate procedure – effect of not appealing a trial court’s factual finding; Burden of proof to show unlawful export of part of consignments; Restitution of proceeds after acquittal.
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27 May 1991 |
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An appellate court upheld robbery convictions where a single eyewitness’s credible identification was corroborated by recovery of weapon and stolen property.
Criminal law – robbery with violence – reliance on single eyewitness identification – need for careful scrutiny of single-witness evidence – circumstantial corroboration – doctrine of recent possession – recovery of weapon and stolen vehicle items as corroborative evidence.
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27 May 1991 |
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25 May 1991 |
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Reliable identification and recent possession upheld convictions for cattle theft; appeals dismissed.
Criminal law – Theft of cattle – Identification – Complainant’s witnesses knew accused prior and saw them in broad daylight – mistaken identity unlikely. Criminal law – Recent possession – Possession of stolen property a few hours after theft supports inference of guilt where no satisfactory explanation given. Evidence – Failure to satisfactorily explain possession of recently stolen property – supports conviction. Sentencing – Five years’ imprisonment upheld as appropriate (bare minimum).
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25 May 1991 |
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Circumstantial evidence upheld a watchman’s conviction but was insufficient to convict the applicant (shop attendant).
• Criminal law – shopbreaking and stealing – conviction based on circumstantial evidence – requirement that circumstantial facts exclude every reasonable hypothesis of innocence.
• Evidence – circumstantial proof – standard of proof beyond reasonable doubt and how it applies to different accused persons on same facts.
• Appeals – evaluation of magistrate’s findings on credibility and participation where physical evidence links stolen property to another accused.
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25 May 1991 |
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Appellant's theft conviction upheld where possession of identified stolen items and failure to call defence witnesses undermined appeal.
Criminal law – Theft – Possession of recently stolen property and identifications – Credibility of trial court findings; Defence witnesses – failure to call witnesses and reliance on new factual assertions on appeal – afterthought not overturning conviction.
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25 May 1991 |
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24 May 1991 |
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Municipal reallocation and a certificate of occupancy can vest lawful ownership despite prior occupation; appeal dismissed.
Land law – municipal land allocation and certificate of occupancy – effect on ownership; Re-allocation of already occupied land – authority must have strong reasons; Deference to trial court findings on competing occupation; Remedy – dismissal of appeal and remittal for compensation order.
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24 May 1991 |
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The respondent’s statutory-immunity objection under s.62 (TPTC Act) was overruled; s.62 covers transmission interruptions, not wrongful disconnection.
Tanzania Posts and Telecommunications Corporation Act (No.15 of 1977) s.62 – scope of statutory immunity – distinction between interruptions to transmission and wrongful disconnection/removal of a telephone connection – preliminary objection to suit.
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24 May 1991 |
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On the balance of probabilities, signed admission and clinic records established paternity; appeal dismissed with costs.
Civil burden of proof – balance of probabilities – admissions and clinic records as evidence of paternity; hostile witness – prior signed admission and documentary evidence maintain probative value; appellate review – interference with discretionary compensation award.
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24 May 1991 |
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Convictions for robbery with violence upheld on identification evidence; original sentence set aside and replaced by statutory minimum for armed robbery.
Criminal law – Robbery with violence – Identification of accused – whether prosecution witnesses’ evidence established identity beyond reasonable doubt. Evidence – Reputation/bad character – statement elicited in cross‑examination cannot be treated as disqualifying witness for bias. Criminal procedure – Alibi – weight and evaluation of alibi evidence. Sentencing – Armed robbery – statutory minimum sentence applicable; unlawful trial sentence set aside and substituted.
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23 May 1991 |
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Appeal dismissed: respondent's long occupation and village allocation established ownership; appellant's licence claim rejected.
Land law – ownership established by long occupation and customary allocation by village elderman; appellate review – credibility and weight of evidence; licence claim found fabricated.
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23 May 1991 |
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Appellate court improperly reversed trial findings without addressing site-observations and defense evidence; dismissal restored.
Civil procedure — appellate review of factual findings; burden of proof in civil claims — party alleging encroachment must prove on a balance of probabilities; appellate court must address trial court's site-observations and contrary evidence before reversing.
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22 May 1991 |
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Possession of recently missing cattle and owner identification supported conviction for cattle theft; appeal and sentence were upheld.
Criminal law – Theft – recent possession – inference from possession of stolen cattle shortly after disappearance. Evidence – identification by owner and witness and seizure of animal supporting conviction. Appeal – appellate interference with trial court credibility findings – generally unwarranted absent misdirection. Sentencing – five-year imprisonment affirmed as proper.
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22 May 1991 |
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Charge alleging reckless or dangerous driving must specify particulars; vague counts render conviction unsafe.
Criminal law – Road Traffic Act offences – Reckless/dangerous driving – Charges must allege particulars of how driving constituted carelessness, recklessness or danger; failure to do so renders indictment defective and conviction unsafe.
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22 May 1991 |
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Appellate court upheld theft convictions, accepted identification and police evidence, and confirmed three‑year sentences.
Criminal law – Theft from motor vehicle (s.269 Penal Code) – Identification and recovery of stolen property – Credibility of complainant and police evidence – Defence of false implication – Appellate deference to trial credibility findings – Sentence not excessive.
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22 May 1991 |
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Concurrent factual findings by lower courts should not be disturbed; appellant sued wrong persons and appeal dismissed.
Civil procedure – appeal – concurrent findings of fact by lower courts – appellate court will not disturb unless procedure producing findings was manifestly wrong; Wrong party sued – plaintiff’s suit dismissed where evidence showed incorrect defendants; Traditional security (Sungusungu) – commanders executing orders may be protected where group has formal legal status.
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22 May 1991 |
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Visual identification was reliable and fabricated alibis failed to raise reasonable doubt; appeals dismissed.
Criminal law – Robbery with violence – Visual identification evidence – reliability assessed by familiarity, lighting and immediate arrest. Criminal procedure – Alibi – accused need not prove alibi but must raise reasonable doubt; credibility may be rejected if alibi is fabricated. Appeal – Conviction and sentence – appellate court will not disturb trial court where identification and credibility findings are justified.
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22 May 1991 |
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Respondent redeemed the shamba; appellant had no ownership claim—appeal dismissed and lower court decision affirmed.
Property law – redemption of land – whether payment to vendor and conduct established that respondent redeemed shamba and thereby obtained ownership; Contract/loan security – whether advance of money conferred ownership or only a right to repayment; Burden and credibility of evidence – reliance on vendor’s testimony to determine redemption and ownership; Appeal – affirmation of lower appellate court’s limitation of recovery to amount advanced (shs. 2,150).
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21 May 1991 |
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Acquittal upheld where circumstantial evidence and presence of a crowd left a reasonable doubt about theft.
Criminal law – Theft – Circumstantial evidence – Burden of proof – Suspicion insufficient to convict – Reasonable doubt where crowd present during loss of property.
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20 May 1991 |
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Concurrent findings that respondent entrusted numerous cattle for safe custody were upheld; appellant’s theft defence rejected; appeal dismissed with costs.
Property law – bailment/safe custody of cattle – whether respondent entrusted 14–15 heads to appellant; Evidence – standard of proof on balance of probabilities; Appeal – interference with concurrent findings of fact.
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20 May 1991 |
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Appeal allowed: conviction and compensation set aside for failure to evaluate ownership evidence; title dispute left to civil court.
Criminal law – Unlawful damage to property (s.326) – necessity for courts to evaluate defence and documentary evidence before convicting. Appellate review – failure to make specific findings and to assess annexed/title material vitiates conviction and damages order. Compensation awards in criminal proceedings must be based on admissible evidence. Land ownership disputes are to be determined in civil, not criminal, proceedings.
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20 May 1991 |
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Appellants’ denials failed to undermine credible prosecution witnesses; convictions and five-year sentences affirmed.
Criminal appeal – evaluation of witness credibility – sufficiency of prosecution evidence – appellants’ denials insufficient to raise reasonable doubt – conviction and five-year sentence upheld.
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20 May 1991 |
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Accomplice evidence corroborated; appellant's theft conviction upheld and sentence raised from five to seven years.
Criminal law – Stealing by person in public service – offence committed while in charge of government/duty stock – proof of theft of specified quantity. Evidence – Accomplice / co-accused evidence – requirement of corroboration and assessment of corroborative proof. Sentencing – Minimum Sentences Act 1972 – statutory minimum and judicial discretion to increase sentence for serious offences.
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18 May 1991 |
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Possession and witness identification upheld conviction for cattle theft despite non-production of the goat.
Criminal law – Cattle theft – Possession of stolen property – Eyewitness identification; Evidentiary issues – Non-production of stolen property does not necessarily create reasonable doubt where eyewitness and circumstantial evidence is strong; Appeal – Trial court findings upheld where explanation for possession is unsatisfactory.
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18 May 1991 |
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Circumstantial evidence alone did not establish a prima facie case; accused acquitted under section 293(1).
Criminal law – no case to answer – section 293(1) Criminal Procedure Act – prima facie case test (R v Bhatt) – sufficiency of circumstantial evidence to support inference of guilt.
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17 May 1991 |
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17 May 1991 |
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17 May 1991 |
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Generalised allegations of bias and denial of counsel do not justify transfer to the High Court absent specific grounds or unusual legal questions.
Criminal procedure – Transfer under s.191(1) – Whether fair and impartial trial cannot be had in subordinate court – speculative/generalised allegations of bias insufficient. Criminal procedure – Question of law of unusual difficulty – ordinary indecent assault not raising such question. Transfer – Expediency and delay – committal and preliminary hearing may frustrate expedition. Right to legal representation – denial of counsel condemned even though transfer refused.
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16 May 1991 |
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A district court on appeal cannot increase a primary court sentence beyond the primary court’s statutory jurisdiction or without hearing the appellant.
Criminal appeal — appellate enhancement of sentence — right to be heard on sentence alteration — Magistrates' Courts Act limits primary court sentencing — sentence exceeding jurisdiction illegal — restoration of original sentence.
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16 May 1991 |
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Recent possession and witness identification upheld conviction and five-year sentence for cattle theft.
Criminal law – Theft – Cattle theft – Recent possession – Whether possession a few days after theft plus identification by brand marks proves theft rather than reception.* Evidence – Identification – Witnesses and brand marks as proof of ownership and possession.* Sentence – Five years imprisonment as statutory/bare minimum upheld.
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15 May 1991 |
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The appellant's convictions for false pretences, forgery and uttering were upheld on reliable identification and sufficient evidence.
Criminal law – Obtaining goods by false pretences; Forgery (Penal Code ss.333, 335, 337); Uttering false document (s.342); Evidence – identification; Reliability of eyewitness identification; Sentence review.
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15 May 1991 |
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Tribunal lacked jurisdiction over land dispute; Primary Court suit for compensation was competent and its award restored.
Customary land – Jurisdiction of District Customary Land Tribunal – Requirement of landlord–tenant relationship or entitlement to recover possession under customary law. Administrative route v. judicial remedy – When appeal to Minister for Lands is mandatory and when a fresh court suit is competent. Nullity of proceedings – Effect of a tribunal acting without jurisdiction and consequences for subsequent litigation.
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14 May 1991 |
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Appeal upholds ownership and eviction orders but sets aside unsupported refund order for Shs.6,000.
Family law – Divorce – Bridewealth refund not claimable in divorce petition; must sue recipient. Property – Ownership of household materials determined by receipts and procurement evidence. Evidence – Uncorroborated allegation of theft insufficient to support refund order. Occupancy – Registered tenant entitled to possession; separated spouse must vacate after dissolution.
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13 May 1991 |
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A lower magistrate’s summary dismissal of an appeal was unlawful; only the High Court judge may summarily reject appeals under s.28 LCA, so the appeal is remitted for rehearing.
Appellate procedure – jurisdiction to summarily dismiss appeals – section 28 L.C.A. 1984 – summary rejection power reserved to High Court judge in specified circumstances – lower magistrate’s summary dismissal unlawful – decision quashed and appeal remitted for rehearing.
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13 May 1991 |
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13 May 1991 |
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Appellate court wrongly re-evaluated credibility, failed to hear appellant and accepted appeal by person lacking locus standi; conviction quashed.
Criminal procedure — Appeal vs revision — Limits on appellate reassessment of witness credibility; audi alteram partem; locus standi to prosecute appeals under Magistrates' Courts Act; quashing unsafe convictions.
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13 May 1991 |