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Citation
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Judgment date
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| July 2002 |
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Whether an agent may spend a principal’s advance on extra overheads without consent — court held he may not; appeal dismissed.
Agency law – Advances to agent – Interpretation of contractual clause restricting use of advance to purchase of coffee and incurred buying expenses/overheads – Agent’s duty not to expend principal’s funds without instruction. Evidence – burden and preponderance – inadequately supported accounting not sufficient to rebut debt. Repayment agreement – signature alleged under coercion not proved – binding. Remedies – creditor may sue for debt without first foreclosing pledged collateral.
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31 July 2002 |
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Concealed ivory found under a locked bus boot supports convictions; appellants’ appeals dismissed.
Criminal law – Possession of wildlife products – Concealment in vehicle boot as evidence of knowledge and possession of ivory. Evidence – Inference from concealment, placement and circumstances supporting guilty knowledge. Appeal – Appellate deference where trial court conducts careful credibility and factual analysis.
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31 July 2002 |
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High Court lacks jurisdiction to hear appeal from a Ward Tribunal matter; appeal struck out under Ward Tribunal Act s.20(2),(3).
Civil procedure – Appeals – Ward Tribunal matters – Statutory appeal route under Ward Tribunal Act No.7/1985 s.20(2),(3) – Primary Court as first appellate forum; District Court decision final and conclusive – High Court lacks jurisdiction to hear direct appeal from Ward Tribunal matters.
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31 July 2002 |
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31 July 2002 |
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Appellant's conviction for causing death by dangerous driving upheld; sentence and licence cancellation affirmed.
Road Traffic — Causing death by dangerous driving — Eyewitness and physical evidence — Speed, loss of control and collisions — Conviction upheld; sentence and licence cancellation affirmed.
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31 July 2002 |
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High Court lacked jurisdiction to revise decisions originating in a Ward Tribunal; application struck out for want of jurisdiction.
• Civil procedure – revisional jurisdiction – Limitations of High Court revisional powers under Magistrates’ Courts Act in respect of matters originating in Ward Tribunals.• Ward Tribunal Act (No. 7/1985) – s.20(2)-(3) – Appeal route and finality of district court decisions on Ward Tribunal matters.• Parties and locus standi – inability of non-parties to obtain High Court revision where statute precludes jurisdiction.
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30 July 2002 |
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Conviction for obtaining by false pretences quashed where evidence showed a genuine sale and not deception.
Criminal law – Obtaining by false pretences – Elements of offence – Delivery of goods under a sale agreement and part payment do not establish obtaining by false pretences; Misquotation of statute not fatal where no prejudice; Possible separate offence of giving false information to public officer.
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29 July 2002 |
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Whether appellate success permits recovery of trial costs when the trial court ordered each party to bear its own costs.
Civil procedure – costs – discretion of the court under s.30(1) CPC – trial court order that each party bear own costs not displaced by appeal. Costs – taxation of a bill – instruction fees, advocate appearance on record required to recover appellate fees. Recoverability – attendance, travel and subsistence costs – award limited to reasonable amounts supported by evidence.
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29 July 2002 |
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A will is revocable before death; caregiving does not automatically confer inheritance rights — appeal dismissed.
Succession law — Wills are revocable until death; testamentary disposition can be revoked by testator; caregiving does not create automatic inheritance rights; clan declarations may affect testamentary validity.
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26 July 2002 |
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Appeal against refusal of stay dismissed as moot and vexatious where execution had already been effected.
Civil procedure — stay of execution — interlocutory relief pending appeal — mootness where execution effected — appeal held frivolous and superfluous — costs awarded to decree-holder.
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26 July 2002 |
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Primary Court properly appointed administratrix; discriminatory customary rule cannot bar a widow from administering her husband’s estate.
Administration of estates – appointment of administratrix – customary and presumed marriage (Law of Marriage Act s.160; John Kirakwe v Iddi Siko) – proof of divorce required to rebut marriage – service and notice in administration proceedings – Primary Court jurisdiction (Magistrates Courts Act) – discriminatory customary rule (GN 436/1963 para 20) inconsistent with constitutional equality and CEDAW.
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26 July 2002 |
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Respondent’s presumed/customary marriage and right to administer estate upheld; discriminatory customary exclusion rejected.
Probate and administration — Presumed/customary marriage under s.160 Law of Marriage Act — Validity of administratrix appointment; Service and right to be heard — Jurisdiction of Primary Court to appoint interested person; Customary inheritance rule (GN 436/1963 para 20) discriminatory — Incompatibility with constitutional equality and CEDAW obligations.
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24 July 2002 |
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Respondent’s bill of costs largely struck for lack of proof; only supported appeal costs taxed at Tshs. 6,500/=.
Taxation of costs — burden on bill presenter to justify each claimed item with explanation and receipts — travel claims require proof of residence/necessity — only costs of the relevant appeal are recoverable where order limits costs — unsupported claims struck out.
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23 July 2002 |
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A bill of costs was largely disallowed where claimed items lacked itemized justification and unsupported travel expenses were unproven.
Bill of costs – burden on bill-holder to justify each item – necessity and proof for travel expenses – recoverability limited to costs of the appeal unless lower-court costs expressly awarded – unargued and unauthenticated claims struck off.
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23 July 2002 |
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23 July 2002 |
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Oral magistrates’ judgments pronounced immediately are procedurally improper; appellate reliance on unheard village decisions vitiated the award.
Magistrates' procedure – Oral judgments – procedural impropriety of immediate oral judgment without considering submissions; Appellate review – reliance on village/ward resolutions where affected party not heard; Evidence – entitlement to bonus payment requires proof of performed duties; Civil procedure – consideration of written submissions before pronouncement of judgment.
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23 July 2002 |
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A licensee who improves land with permission is entitled to compensation on surrender; appeal dismissed.
Land law – Occupation – Distinction between invitee and licensee – Licensee entitled to compensation for improvements made with occupier’s permission – Concurrent findings of fact and law affirmed.
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22 July 2002 |
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A licensee who occupies land with permission and makes improvements is entitled to compensation; appeal dismissed with costs.
Land law — Occupation classification — Licensee vs invitee; entitlement to compensation for improvements by a licensee; long undisturbed occupation and legal consequences.
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22 July 2002 |
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An acquittal under section 230 made before the prosecution closed its case was premature, quashed, and a retrial ordered.
Criminal procedure — Section 230 Criminal Procedure Act — Requirements for dismissal: prosecution must have closed its case and there must be no prima facie case on the face of the evidence. Prima facie test — Rannalal Bhatti: whether a reasonable tribunal properly directing itself could convict if no explanation offered. Premature acquittal — Quash and order retrial where acquittal made before prosecution closed and causes prejudice.
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22 July 2002 |
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Procedural failures (unrecorded plea and premature acquittal) rendered the trial a nullity and prompted quashing and retrial.
Criminal procedure — Failure to record accused’s plea (s228(2)) — Magistrate acquitting before prosecution closes — No-case-to-answer inquiries (ss230–231) — Procedural irregularities rendering trial a nullity — Quash and retrial ordered.
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22 July 2002 |
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Applicants failed to show good cause for extension to file appeal notices; applications dismissed.
Criminal procedure – extension of time – notice of intention to appeal – requirement to show good cause – bare allegations of counsel delay or prison transfer require corroboration – court may consider prospects of success – strong identification evidence and recovery of stolen property negate appeal prospects.
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22 July 2002 |
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Extension refused where applicants failed to show good cause or provide evidence their notices of intention to appeal were lodged.
Criminal procedure – extension of time to file notice of appeal under s.361(a) – requirement to show good cause by affidavit or evidence; unsupported allegation of counsel’s failure not sufficient; prisoner transfer or reliance on prison authorities requires corroboration; court may consider merits when assessing extension application.
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22 July 2002 |
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Application for restoration granted; court condemned counsel’s delay, ordered restoration and awarded costs to the applicant.
Civil procedure – application for extension of time / restoration – default and non-appearance of counsel – adequacy of service of process – conduct of advocates causing delay – costs and formal warning against counsel.
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22 July 2002 |
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Applicant’s unsubstantiated claim of attending on the wrong hearing date failed; restoration dismissed with costs.
Civil procedure – restoration of proceedings dismissed for want of prosecution; sufficiency and credibility of explanations for non-attendance; reliance on court file/summons as proof of hearing date; court’s discretion to dismiss restoration where explanation is unsubstantiated and appears to be delaying tactics.
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22 July 2002 |
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20 July 2002 |
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Failure to record assessors' views in a Primary Court judgment renders the proceedings null and mandates a retrial.
Magistrates' Courts (Primary Courts) — consultation with assessors — requirement to record each assessor's views — failure to record renders judgment null and void. Procedural irregularity — incurable defect — revision jurisdiction — setting aside lower courts' proceedings. Appeal procedure — Primary Court to District Court to High Court (revision on procedural grounds). Matrimonial property dispute (background factual context).
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18 July 2002 |
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18 July 2002 |
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Applicant's appeal dismissed as time‑barred; court ordered revision of primary court's territorial jurisdiction and stayed estate distribution.
Probate and procedure – Appeal time limits – Section 25 Magistrates' Courts Act (appeals from primary courts must be instituted within 30 days); Appeal dismissed as time‑barred; Territorial jurisdiction – Primary court's competence to hear probate where deceased resided and held property elsewhere; High Court may order revisional proceedings and stay distribution of estate pending review.
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18 July 2002 |
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18 July 2002 |
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An appellant's uncorroborated testimony failed on credibility; a primary court judgment without recorded assessors' views is null and must be reheard.
Evidence and credibility – sufficiency of testimony by sole witness on title to property – corroboration by independent witness. Criminal/procedural law – role of assessors in primary courts – whether signatures alone prove participation. Civil procedure – nullity of judgment where assessors' views are not recorded – remedy by rehearing and fresh fees.
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18 July 2002 |
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A judgment signed by assessors but silent on their views is not conclusive and renders proceedings void, requiring a retrial.
Criminal/Civil procedure – Assessors – participation – Signatures alone not conclusive proof of assessors' views – Government Notice No.2/1988 and s.7(2) Magistrates' Courts Act. Procedural irregularity – defective judgment – nullity and rehearing afresh before a differently constituted bench.
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18 July 2002 |
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The applicant cannot sue an agent personally when the principal is known and can be joined.
Agency law – agent acting for cooperative union – receipts as evidence of agency; Suit against agent where principal known – agent not personally liable; Joinder of principal as necessary party; Avoidance of duplicative suits.
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18 July 2002 |
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Appellate court set aside subordinate proceedings for procedural, evidential defects and lack of pecuniary jurisdiction.
Civil procedure – appeal – trial magistrate’s duty to evaluate evidence and deliver reasoned judgment rather than pressuring parties to settle. Evidence – documentary evidence (GRNs) – need for individual authentication, testing of authors and, where necessary, expert audit. Evidence – hearsay – inadmissibility of subordinate employees’ hearsay to prove deliveries and quality. Jurisdiction – pecuniary jurisdiction – subordinate court cannot adjudicate claims exceeding its monetary limit; proceedings vitiated if court proceeds regardless.
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17 July 2002 |
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An unregistered association lacks legal capacity to be sued; absence of capacity invalidated the proceedings and appeal.
Unincorporated associations – Legal personality – Registration under Societies Ordinance – Capacity to sue or be sued; Lack of capacity vitiates trial and appellate proceedings; Preliminary jurisdictional objection may dispose of substantive claims.
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16 July 2002 |
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The applicant’s delay to appeal was excused by special circumstances permitting extension under section 379.
Criminal procedure – extension of time to appeal – section 379 Criminal Procedure Act – notice within 30 days and petition within 45 days – time runs from date of subordinate court judgment – time for obtaining record excluded – public interest alone insufficient – special or peculiar circumstances may justify enlargement – competence of officer lodging notice.
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15 July 2002 |
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Preliminary objection dismissed: plaint discloses cause of action, res judicata inapplicable, suit competent to proceed.
Cause of action — plaint and annexures must be perused and assumed true at preliminary stage; Res judicata — requires final adjudication and identity of object, cause and parties; Miscellaneous application not necessarily a final suit; Specific performance — competence and availability are merits issues for trial, not for summary dismissal on preliminary objection.
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15 July 2002 |
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12 July 2002 |
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Admission of a child’s evidence without s127(1) compliance and failure to test confession voluntariness vitiated the trial; retrial ordered.
Criminal procedure – admissibility of child evidence – necessity for trial court to comply with section 127(1) Evidence Act before receiving testimony of a child witness.* Criminal procedure – cautioned/confession statement – requirement to determine voluntariness before admission in evidence.* Appeal – irregular admission of evidence apparent on face of record – such irregularities vitiate trial and warrant nullification and retrial.* Remedy – conviction and sentence quashed; retrial ordered before another magistrate.
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11 July 2002 |
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Appellate court quashed acquittals where trial dismissal under s.222 was inappropriate; trial remitted for continuation.
Criminal procedure – adjournments – whether adjournment applications were mala fide; applicability of s.222 CPA 1985 at advanced trial stage; proper recourse under s.226(1) where prosecutor absent; quashing of wrongful dismissal and acquittal.
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11 July 2002 |
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11 July 2002 |
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Court granted leave to appeal out of time, finding prosecution and remand constituted sufficient cause for the delay.
Extension of time to appeal – exercise of discretion under s.25(1)(b) Magistrates' Courts Act; sufficiency of cause – prosecution, remand and conditional discharge as grounds for delay; procedural competence – substantive declarations (eviction/ownership) not determinable in leave application; arguable points on customary law distribution, widow's entitlement and administrator appointment.
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11 July 2002 |
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Summing up to assessors contrary to mandatory Rule 3 renders a primary court decision null; orders set aside, petition may be refiled.
Procedure — Primary Courts — Assessors — Prohibition on magistrate 'summing up' to assessors under Rule 3(1) and sub‑rule (3) of the Magistrates' Courts (Primary Courts) (Judgment of Court) Rules, 1987 — Unauthorized summing up renders decision null and void — Remedy: set aside orders and allow refiling.
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11 July 2002 |
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A magistrate’s prohibited summing‑up to assessors breaches the Rules and renders the primary court judgment a nullity.
Primary Courts — Procedure — Assessors — Magistrate summing up to assessors prohibited by Rule 3(1) and sub‑rule (3) of Magistrates' Courts (Primary Courts) (Judgement) Rules 1987 — Illegality renders trial and judgment nullity — Retrial directed.
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11 July 2002 |
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Bill of costs dismissed where applicant's written submissions were inadequate and appellate order altered costs liability.
Costs — Bill of costs — Written submissions must annex supporting record and set out legal/factual bases; three-line note insufficient — Failure to prosecute — Dismissal of bill of costs — Effect of appellate order condemning decree-holder to pay costs.
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11 July 2002 |
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Conviction for armed robbery quashed where prosecution left reasonable doubt despite eyewitness identification not being an accomplice.
Criminal law – Armed robbery – Identification evidence – Accomplice status: when an alleged witness is coerced and not an accomplice; corroboration not required if not accomplice – Proof beyond reasonable doubt – Absence of victim testimony and impact on conviction – Mandatory minimum sentence and benefit of doubt.
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10 July 2002 |
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The applicant’s poverty and age do not justify an extension of time; redemption after 12 years is barred.
Civil procedure — extension of time to appeal — poverty and old age not sufficient cause to extend time; Land law — redemption of clan land (Haya) barred after 12 years under item (6) of Schedule to GN 311 (29/5/1964).
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3 July 2002 |
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Poverty and old age do not justify extension of time to appeal; redemption claim was time‑barred and leave refused.
Civil procedure – applications for leave to appeal out of time – Poverty and old age not sufficient grounds for extension of time; Limitation – redemption of sold land – statutory 12‑year period for clan land redemption; No prospects of success – discretion to refuse leave.
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3 July 2002 |
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Leave to appeal refused; appellate interference with damages and alleged representation irregularity lacked merit.
Civil procedure — Leave to appeal — Application for leave to appeal to Court of Appeal refused for lack of substance and no prospects of success. Evidence/damages — Appellate restraint — Appellate courts reluctant to interfere with trial judge’s award of damages absent wrong principle of law, misapprehension of fact, or wholly erroneous estimate. Representation — Challenge that proceedings were null due to agents acting under powers of attorney rejected as unsubstantial.
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3 July 2002 |
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Appeal against cattle theft conviction dismissed; stolen goat recovered at the applicant's kraal, conviction and sentence upheld.
Criminal law – Cattle theft – Identification of stolen animal – Hoof-print and recovery evidence – Appellate review of trial magistrate's findings – Conviction and sentence affirmed.
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3 July 2002 |
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An invitee’s long occupation and improvements do not create title against a landowner or lawful devisee.
Property law — Invitee and occupation — Whether long occupation and erecting structures confer title — Invitee cannot oust landowner or devisee; bequest prevails over mere occupation.
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3 July 2002 |