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Citation
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Judgment date
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| July 1995 |
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Respondent retains ownership of the shamba but must compensate the appellant for permanent crops planted.
Land law – ownership of cultivated land – temporary loan of shamba – whether occupant planted permanent crops in breach of instruction – compensation for improvements and permanent crops – remittal to lower court for valuation and execution.
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27 July 1995 |
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Reported
Civil Practice and Procedure - No case to answer - Standard of proof upon a submission of ‘No Case to Answer’ in a civil case — Standard
of proof in civil and criminal cases distinguished
Civil Practice and Procedure - No Case to Answer - Dismissal of suit on the basis of a submission of ‘No Case to Answer’ — Test to be applied by the Court in reaching decision |
27 July 1995 |
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Reported
Applicant failed to prove Zanzibar’s OIC membership; court upheld no-case submission and dismissed the suit with costs.
Civil Practice and Procedure - No case to answer - Standard of proof upon a submission of 'No Case to Answer' in a civil case - Standard of proof in civil and criminal cases distinguished
Civil Practice and Procedure - No Case to Answer - Dismissal of suit on the basis of a submission of 'No Case to Answer' - Test to be applied by the Court in reaching decision |
27 July 1995 |
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Court dismissed suit for want of prosecution, allowed defendants to improve counterclaim ex parte, and ordered oral ex parte proof with assessors summoned.
Civil procedure – dismissal for want of prosecution – plaintiff’s repeated non‑appearance – court’s inherent jurisdiction to strike out/dismiss proceedings – leave to amend/improve counterclaim ex parte – ex parte proof by oral evidence and summoning of assessors.
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27 July 1995 |
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Second appeal challenging concurrent factual findings on land ownership dismissed for lack of merit.
Civil appeal – second appeal – ownership of land – concurrent findings of fact – appellate interference only where demonstrable error – appeal dismissed with costs.
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26 July 1995 |
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Ordinary courts retain jurisdiction over Operation Vijiji land disputes; section 6 of Act No.22/1992 cannot oust access to courts.
Land law – Operation Vijiji – dispute over allocation and trespass to 200 acres. Jurisdiction – effect of section 6 of Act No. 22 of 1992 purporting to confer exclusive jurisdiction on a land tribunal. Constitutional law – ouster of ordinary courts’ jurisdiction; severance of unconstitutional provision to preserve access to courts. Civil procedure – appellate review of concurrent findings of Primary and District Courts.
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25 July 1995 |
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A civil claim for compensation may proceed despite a prior criminal award; assessors’ customary-law findings merit deference.
Criminal and civil remedies – concurrent remedies – civil claim permitted after criminal conviction and criminal compensation; Customary law – applicability of Rangi customary law – weight of assessors’ findings; Proof of tribal affiliation – appellate courts should call evidence if affiliation is material; Appellate review – quashing of district court when it improperly substitutes unsupported factual assumptions.
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21 July 1995 |
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A criminal compensation award does not bar a separate civil claim; assessors’ customary‑law findings stand absent contrary evidence.
Criminal compensation does not bar separate civil claims; application of customary law — assessors’ findings as fact‑findings; appellate duty to call further evidence on pivotal factual disputes (tribal identity).
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21 July 1995 |
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Failure to object at trial bars appellate challenge to an absent handwriting expert's report; convictions and restitution affirmed.
Criminal law – forgery, uttering false documents, conspiracy to defraud, stealing Evidence – admissibility of expert handwriting report tendered without oral testimony; effect of failure to object at trial Appeals – appellate review limited where no contemporaneous objection made at trial Remedies – restitution/refund ordered where trial court made no such order
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21 July 1995 |
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Failure to object at trial to an absent handwriting expert’s report precludes appellate challenge; convictions for forgery and theft upheld.
Criminal law – Forgery, uttering and stealing – Handwriting expert’s report admitted in absence of witness – No objection at trial precludes appellate challenge; convictions upheld.
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21 July 1995 |
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Proceedings before an improper/non-resident magistrate were irregular and a retrial before the resident magistrate was ordered.
Criminal procedure – jurisdiction and competence of magistrates – trial commenced by one magistrate and continued by a district magistrate for offence originating in another district – procedural irregularity renders proceedings a nullity; retrial before Court of Resident Magistrate ordered.
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21 July 1995 |
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Appellate court affirms liability for crop damage where witness evidence and appellant’s admissions establish causation.
Tort — Damage to crops by grazing cattle — Causation established by witness evidence and admissions — Appellate court will not disturb credibility findings of lower courts where supported by record.
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21 July 1995 |
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The appellant's convictions for indecent assault and arson were quashed for lack of proof beyond reasonable doubt.
Criminal law – Appeal – Standard of proof beyond reasonable doubt; indecent assault – whether approach and brief touching constituted completed offence; arson – insufficiency of circumstantial evidence to exclude other reasonable hypotheses; unsafe convictions quashed.
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21 July 1995 |
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An appellate court will not disturb concurrent factual findings or a trial court's damages award absent misdirection or error.
Customary practice – communal farm work invitations – liability for discouraging attendance. Civil liability – loss from wasted preparations – assessment of compensatory damages by trial court. Appellate review – concurrent findings of fact – deference to trial court unless misdirection or error of principle.
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20 July 1995 |
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Guilty plea sustained the convictions, but sentences were excessive for a first-time offender and were to be revisited.
Criminal law – guilty plea – voluntariness and sufficiency of facts read over; sentencing – first offender and guilty plea as mitigating factors; appellate review of excessive custodial sentence.
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19 July 1995 |
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Appellate court set aside acquittal after trial magistrate confused holding a licence with duty to carry/produce it.
Road Traffic Act — s.19(1) (holding a driving licence) distinguished from s.77(1) (duty to carry/produce a licence) Trial procedure — duty of magistrate to seek clarification where witness evidence is ambiguous Misinterpretation of accused's admission and improper interpolation of evidence leading to unsafe acquittal Appeal — substitution of conviction where acquittal is shown to be erroneous
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19 July 1995 |
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Convictions based solely on unreliable visual identification and an improperly conducted identification parade were quashed.
Criminal law – Robbery with violence – Conviction based on visual identification; need for watertight identification and descriptive details. Identification parade – Procedure and safeguards (R. v Mwango) – parade must be properly conducted and recorded. Evidence – Visual identification under sudden assault – inherent unreliability and caution required. Appeal – Convictions unsafe where identification evidence and parade procedure are deficient.
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19 July 1995 |
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A judgment written or pronounced by a magistrate who did not preside is void; matter remitted for rehearing.
Civil procedure – Order XX rules 1–3 – Judgment must be pronounced by or under direction of the presiding judge/magistrate – Judgment written/pronounced by a magistrate who did not hear the evidence vitiates proceedings – Re‑assignment after hearing – Section 96 cannot cure the defect.
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18 July 1995 |
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A primary court's conflicting judgment is a nullity; the majority decision of magistrate and assessors is binding.
Primary court — contradictory judgment — later self‑reversing passage is a nullity; Magistrates' Court Act s.7 — majority decision of magistrate and assessors binding; appellate review — District Court properly reinstated initial unanimous finding; appeal dismissed.
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18 July 1995 |
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A primary court’s later contradictory judgment paragraph is void; the earlier unanimous finding and the District Court’s allowance of appeal stand.
Primary Courts – conflicting entries in a single judgment; majority and unanimous decisions under s.7 Magistrates' Courts Act; validity of later contradictory paragraph in judgment; correctness of appellate review by District Court.
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18 July 1995 |
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Acquittal overturned: admissions and overwhelming prosecution evidence established theft by a postmaster; appeal allowed and conviction entered.
Criminal law – Theft by public servant – evidence – official inspection report, written admission and cautioned statement as proof of theft. Criminal procedure – Appeal against acquittal – appellate interference where trial court’s acquittal is contrary to overwhelming and uncontradicted prosecution evidence.
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17 July 1995 |
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The court quashed the respondent's acquittal where his admissions, receipts and control of safe keys proved theft beyond reasonable doubt.
Criminal law – Theft by public servant – sufficiency of evidence – signed inspection report and written admission – voluntary cautioned statement – documentary receipts and custody of safe keys – appellate review of acquittal and miscarriage of justice.
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17 July 1995 |
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Appeal allowed where registration-card irregularities did not prove appellants' criminal guilt beyond reasonable doubt.
Criminal law – election registration – alleged improper issuance of voter registration cards – whether irregularities establish criminal offences. Evidence – burden of proof – discrepancies (double registration, missing ID forms, differing handwriting) may raise reasonable doubt and defeat conviction. Procedure – appellate review – convictions set aside where prosecution fails to prove guilt beyond reasonable doubt.
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17 July 1995 |
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Conviction unsafe where primary evidence was uncorroborated accomplice testimony and police‑station identification was improper.
Criminal law – Forgery and uttering – Evidence of a witness found in possession of a forged document treated as accomplice evidence – caution and requirement of corroboration – servant’s evidence cannot independently corroborate – improper police-station identification – unsafe conviction where prosecution fails to prove guilt beyond reasonable doubt.
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17 July 1995 |
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Conviction quashed where unsafe police-station identification and uncorroborated evidence of person found with forged cheque prevailed.
Criminal law – Forgery and uttering false document – Reliance on evidence of person found in possession of forged instrument – requirement for independent corroboration. Identification – identification made at police station vs formal parade – dangers of acting on such identification. Evidence – accomplice and interested witness – servant’s evidence cannot corroborate employer; contradictions and bank record irregularities undermine prosecution case.
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17 July 1995 |
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Identification in bright conditions and familiarity with police upheld convictions; three-year minimum sentences affirmed.
Criminal law – Burglary and being armed with intent to burgle – Identification evidence – reliability where scene well illuminated and witnesses familiar with accused; corroboration by dropped iron bar (Exh. P.1). Criminal procedure – Appellate review – credibility findings of trial court entitled to deference absent compelling reasons to overturn. Sentencing – Minimum Sentences Act, 1972 – burglary attracts minimum three-year term; section 5 enhanced rigours not applicable on these facts.
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16 July 1995 |
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Court affirms widow’s appointment as estate administrator, rejecting customary ban and requiring lawful accounting and distribution.
Administration of estates – appointment of administrator – judicial duty to appoint not bound by clan selection; widow may be appointed administrator despite customary objections; administrator’s duty to inventory, account and distribute; removal requires proof of misuse or failure to account.
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13 July 1995 |
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A judgment delivered by a magistrate who did not preside vitiates proceedings and requires a retrial by a different magistrate.
Civil procedure – Judgment – Validity of judgment written/delivered by a magistrate who did not preside – Order XX, Civil Procedure Code – Reassignment of case after evidence – Failure to comply vitiates proceedings – Section 96 inapplicable to cure fundamental procedural defect.
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13 July 1995 |
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An appellant who only assisted in moving dowry and is not shown to be the senior heir cannot be ordered to refund brideprice.
Customary law – brideprice/dowry refund – liability of senior most heir where original recipient dies (GN 279/63). Evidence – mere assistance in driving animals does not establish receipt or ownership – cannot ground refund liability. Civil procedure – appellate review of factual inferences where lower courts misapplied customary law.
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13 July 1995 |
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Appellate court refuses to disturb credibility-based factual findings; damages award for medical expenses upheld.
Civil appeal — concurrent findings of fact and credibility — appellate interference only when findings are manifestly unreasonable; award of damages for medical and related expenses upheld.
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11 July 1995 |
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Appellate court will not disturb concurrent factual findings on credibility and damages absent manifest unreasonableness.
Civil damages for expenses resulting from prosecution; appellate review of concurrent findings of fact and credibility — appellate interference only where findings are manifestly unreasonable.
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11 July 1995 |
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Inconsistent prosecution evidence and errors disbelieving a corroborated alibi rendered a defilement conviction unsafe.
Criminal law – Defilement (s.136 Penal Code) – Proof beyond reasonable doubt – inconsistencies and contradictions in complainant's evidence – alibi and corroboration – improper shifting of burden of proof – consent not a defence for under‑14s.
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10 July 1995 |
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Appellate court upheld conviction: recent-possession inference valid and prior acquittal did not bar prosecution.
Criminal law – recent possession doctrine – recovery of stolen property one month and fourteen days after burglary; applicability to movable items such as a bicycle. Evidence – burden and proof – prosecution’s prima facie case and defendant’s duty to rebut on balance of probabilities; credibility of uncorroborated defence assertions. Criminal procedure – autrefois acquit – when prior acquittal in a separate proceeding does not bar subsequent prosecution for distinct transaction.
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10 July 1995 |
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Sentence imposed without a recorded conviction and unlawful substitution of the charged offence rendered the judgment incurably irregular and was quashed.
Criminal law – conviction and sentence – requirement to specify offence in judgment – s.312(2) Criminal Procedure Act – omission is incurable irregularity. Criminal law – substitution of charge – ss.300, 305 and 234 Criminal Procedure Act – procedural safeguards and need for reasons when convicting for lesser/other offence. Evidence – doctrine of recent possession – need for corroboration or satisfactory explanation before relying on co-accused admissions to convict.
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10 July 1995 |
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Appeal allowed: acquittal set aside where admissions, official inspection report and partial restitution established stealing by a public servant.
Criminal law – stealing by public servant – evidence – official inspection report, written admission and voluntary cautioned statement – partial restitution – appellate intervention where trial magistrate improperly favours defence and acquits despite overwhelming prosecution evidence.
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7 July 1995 |
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Reasonable account of recent possession rebutted presumption of guilt; conviction quashed.
Criminal law – Theft and shop-breaking – recent possession of stolen goods gives rise to prima facie presumption of guilt; satisfactory explanation can rebut presumption – evaluation of witness credibility and proper appreciation of evidence – trap-money and possession by co-accused.
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6 July 1995 |
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Inconsistent defences and credible witness evidence defeated a claim of lack of guilty knowledge; appeal dismissed.
Criminal law – possession of ammunition – proof of unlawful possession – requirement to prove guilty knowledge; effect of inconsistent explanations and recanted cautioned statements on credibility.
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5 July 1995 |
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Inconsistent accused statements and strong eyewitness evidence defeat appeal against unlawful possession conviction.
Criminal law – unlawful possession of ammunition – admissibility of cautioned statement – evaluation of accused’s defence of lack of guilty knowledge – credibility and consistency of prosecution witnesses – appellate review of conviction.
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5 July 1995 |
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4 July 1995 |
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Appellant's police statement was not an admission and uncorroborated accomplice evidence could not sustain conviction.
Criminal law – Burglary and theft – Whether extra-judicial statements amount to admissions under s.311 – Accomplice evidence requiring corroboration – Identification reliability – Sufficiency of prosecution case beyond reasonable doubt.
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4 July 1995 |
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Conviction quashed where appellant’s statement and accomplice evidence lacked corroboration, creating reasonable doubt.
Criminal law – admissions – distinction between admitting assistance in carrying property and admitting commission of burglary/theft; accomplice evidence requires corroboration; identification and uncorroborated statements insufficient to displace reasonable doubt.
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4 July 1995 |
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Appellants' convictions for retaining stolen property quashed where evidence indicated armed robbery and jurisdiction existed to try offences abroad.
Penal Code s311(2) – receiving/retaining stolen property; armed robbery – facts pointing to armed robbery vs. retaining property; Penal Code s6(b) – jurisdiction to try citizens for offences committed outside Tanganyika; failure to establish possession/retention at time of arrest – conviction unsustainable; appellate quashing of conviction and setting aside sentence.
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3 July 1995 |
| June 1995 |
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Acquittal upheld where prosecution failed to prove housebreaking and bicycle ownership amid conflicting frame-number evidence.
Criminal law – sufficiency of evidence – proof of housebreaking and stealing – need for evidence of forced entry and positive identification of stolen property. Evidence – identification of property – adequacy of general description and petty marks versus documentary/serial/frame numbers. Criminal procedure – misdirection by trial court via extraneous findings – effect on safety of conviction. Charging – duplicity where composite offences are charged in separate counts – irregularity harmless unless it causes failure of justice.
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30 June 1995 |
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Appellate court improperly overturned trial fact-finding using unrecorded site-visit evidence; primary court judgment restored.
Civil procedure – appeal against findings of fact – appellate court must not disturb trial court credibility findings absent clear misdirection; improper reliance on unrecorded extra-record evidence from site visit; section 21(1)(a) Magistrate Courts Act on taking additional evidence; village government cannot lawfully appropriate land developed by a villager without due process.
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29 June 1995 |
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Reported
Using "Memorandum of Appeal" or omitting a judgment copy did not render the appeal incompetent; primary court judgment restored.
Civil procedure – appeal from Primary Court – correctness of appellate court's factual findings; misconstruction of evidence. Appeals – form of grounds – use of "Memorandum of Appeal" vs "Petition of Appeal" not fatal. Procedural requirement – no statutory requirement under s.25 Magistrates' Courts Act 1984 to accompany grounds with judgment copy. Remedy – quashing of appellate decision and restoration of trial court judgment.
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27 June 1995 |
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Appellant’s fabricated abduction account rejected; convictions for conspiracy and stealing and imposed sentences upheld.
Criminal law – circumstantial and eyewitness evidence – credibility findings; alleged abduction and fabrication of alibi; conspiracy and stealing of issued government property; appellate review of factual findings and sentence.
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27 June 1995 |
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The applicant’s implausible abduction defence was rejected; convictions for conspiracy and theft of a shotgun upheld and sentence affirmed.
Criminal law – Appeal against conviction – Credibility of accused’s defence – Implausible abduction/robbery defence rejected. Theft of government-issued firearm – Evidence of issue and subsequent theft – conspiracy to steal. Sentencing – Concurrent terms not manifestly excessive – appellate deference to trial court findings.
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27 June 1995 |
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Conviction for theft based on recent possession quashed where prosecution failed to identify stolen goods and magistrate misdirected on burden.
Criminal law – theft – recent possession doctrine – requirements for inferring guilt from possession – prosecution must identify stolen property and prove link to theft; misdirecting burden onto accused is fatal.
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27 June 1995 |
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Reported
Land Law - Land cultivated in common — Shamba - ownership of Civil Practice and Procedure - Appeal - Legislature’s various use of the words 'petition' and ‘memorandum’ - Whether significant difference when referring to grounds of appeal to a higher court - Section 25(3) of the Magistrates’ Courts Act, 1984, and the Civil and Criminal Procedure Codes of 1966 and 1985 respectively. |
27 June 1995 |
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Revisional court may not enhance sentence or substitute conviction without statutory notice; weak, inconsistent evidence rendered conviction unsafe.
Criminal law – robbery with violence – sufficiency and reliability of prosecution evidence – witness inconsistencies and intoxication; Criminal procedure – revisional jurisdiction of District Court – requirements to give notice and opportunity to be heard before substituting conviction or enhancing sentence (Magistrates' Courts Act s21(1)(b), s22(2)) – time limit on revision (s22(4)) – miscarriage of justice and quashing of conviction.
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26 June 1995 |