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Citation
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Judgment date
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| December 2007 |
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28 December 2007 |
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Failure to comply with statutory procedural prerequisites led to dismissal of suit and striking out of appeal.
Procedural law – requirement of leave and joinder where specified public corporations are parties (Bankruptcy Act ss.9(1), 43(1)) – failure to file ordered written submissions deemed failure to prosecute – procedural jurisdiction – appeals to High Court (Land Division) must be by petition as required by Courts (Land Disputes Settlements) Act s.38(2).
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28 December 2007 |
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Election petition upheld: bribery proved; election declared void and corrupt practices certified against the respondent.
* Election law – election petition – allegations of bribery, use of public resources, intimidation and irregularities – burden and standard of proof; * Corrupt practices – proof of distribution of cash/goods and use of agents – certification under s.114 Elections Act; * Imputation of criminality/witchcraft – defamatory campaign statements may be actionable but isolated statements may not affect result; * Procedural irregularity – nomination form date and security for costs – when procedural defects render proceedings void.
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28 December 2007 |
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Election declared void for proved bribery and corrupt practices despite isolated irregularities.
Election law – election petition; allegations of non‑compliance with electoral procedures (ballot escort, result forms, complaint forms, extra ballot boxes); corrupt practices/bribery (cash, goods, jerseys/footballs); involvement of public servant as agent; threats and unlawful wounding during campaigns; defamatory imputations (witchcraft) in campaign; validity of nomination where papers filed before nomination date; procedural security deposit issue.
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28 December 2007 |
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27 December 2007 |
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A decision refusing enlargement of time to seek review is appealable; revision was therefore the wrong remedy and dismissed.
Civil procedure – Revision v. appeal – refusal of extension of time to apply for review is appealable; Jurisdiction – alleged exclusive jurisdiction of LART Tribunal (s.19(1) LART Act 1991) – raised but not determined on merits; Procedural remedy – revision misconceived where appeal is available.
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21 December 2007 |
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Revision dismissed because the impugned magistrate's refusal was appealable; the proper remedy is appeal.
Civil procedure – Revision vs appeal – Where an order is appealable, revision is misconceived and appeal is the proper remedy; Jurisdiction – claim of exclusive LART Tribunal jurisdiction under s.19(1) raised but did not salvage improper procedural vehicle.
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21 December 2007 |
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Revision dismissed because the trial court’s refusal to extend time was appealable; appeal, not revision, was the proper remedy.
* Civil procedure – Revision v. appeal – When a trial court’s decision is appealable, a revisional application to the High Court is inappropriate and misconceived.
* Jurisdiction – Alleged lack of jurisdiction due to exclusive jurisdiction of LART Tribunal under s.19(1) – availability of appeal as proper remedy precluded revision.
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21 December 2007 |
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Objectors proved ownership; court refused to lift the corporate veil and ordered attachments released.
Civil procedure — Execution of foreign judgment — Objection to attachment by third-party companies; Requirement to prove interest in attached property (Order XXI Rule 58); Corporate veil — lifting only where incorporation used for improper purpose; Timing of objection — delay and proviso to Order XXI Rule 57.
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21 December 2007 |
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Attachments on property registered to third-party companies quashed where ownership proved and no evidence justified lifting corporate veil.
Execution — Attachment of property registered in name of third-party companies — Order XXI Rule 58 CPC — Proof of proprietary interest; Lifting corporate veil — common shareholders insufficient absent evidence of impropriety or facade; Delay in filing objections — objections timely when filed shortly after notice to settle decretal sum.
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21 December 2007 |
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Commission-paid parking collectors are agents/sub-agents, not employees, so employee benefits do not automatically apply.
Labour law – employment status – agency v. employment – commission-paid collectors are agents/sub-agents under Law of Contract Act; section 61 presumption in Labour Institutions Act does not apply where contract clearly designates agency.
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21 December 2007 |
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Leave to appeal out of time granted due to procedural unfairness despite unsupported excuse of absence on official duty.
Civil procedure – application for leave to appeal out of time – failure to cite enabling provision – irregularity of form curable; sufficiency of reasons for delay – unsupported affidavit of absence abroad insufficient; court to consider both reasons for delay and prospects of appeal; procedural unfairness (dismissal without hearing) may justify extension of time.
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20 December 2007 |
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Whether a civil prisoner may be released for serious illness and allowed to pay a decretal sum by instalments with security.
Civil imprisonment – release for serious illness under s.47(3)(b) Civil Procedure Code – judicial discretion; Medical evidence and lack of contestation; Post-decree instalment orders – O. XX r.11(2) requires decree-holder's consent; Security for instalments – sureties, title deposits and valuation; Enforcement – sale of guarantors' properties and re-arrest on default.
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18 December 2007 |
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High Court may hear leave to appeal applications even where underlying employment dispute may be characterized as a trade dispute.
Jurisdiction – Industrial Court of Tanzania Act – trade dispute – whether High Court may entertain application for leave to appeal – appellate versus original jurisdiction; Employment law – unlawful termination, victimization, procedural fairness; Procedural law – preliminary objection on jurisdiction.
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17 December 2007 |
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High Court may grant leave to appeal employment dispute decisions despite Industrial Court original-jurisdiction limits.
* Jurisdiction — Industrial Court of Tanzania Act — distinction between original and appellate jurisdiction — leave to appeal to Court of Appeal permitted where High Court decision was appellate.
* Civil procedure — preliminary objection on jurisdiction — timing and scope at leave stage.
* Employment law — issues of victimization, termination procedure and lawfulness of termination as proper grounds for appeal.
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17 December 2007 |
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Failure to obtain leave and to join the official receiver rendered the suit against the public corporation unsustainable.
Civil procedure – Preliminary objections – Necessity of leave to sue a specified public corporation – Mandatory joinder of official receiver (Presidential Parastatal Sector Reform Commission) – Locus standi and third‑party procedure (Order 1 r.14) – Curative amendment/ striking out not competent to cure jurisdictional defects.
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15 December 2007 |
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Recent possession and credible witness testimony upheld theft conviction despite appellant not being seen stealing.
Criminal law – Theft – Recent possession doctrine – Conviction sustainable where accused sold recently stolen animal and gave no satisfactory explanation – Credibility of witnesses – Appeal dismissed.
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14 December 2007 |
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Conviction for theft upheld on recent possession and credible witness testimony despite no direct eyewitness evidence.
* Criminal law – Theft – conviction based on circumstantial evidence and recent possession. * Sale of stolen property – post-offence admission and transaction as proof of involvement. * Credibility of prosecution witnesses – sufficiency to uphold conviction. * Sentencing – application of Minimum Sentence Act (five years).
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14 December 2007 |
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High Court quashes district court 'opinion' and proceedings for denying hearing and for lack of jurisdiction over matrimonial asset claims.
Civil revision – Magistrates' Courts Act s.44(1)(b) – High Court power to revise district court proceedings – Undated ‘opinion of the court’ determining title – audi alteram partem; voidness of determinations affecting non‑parties – Abuse of magistrate’s powers – Jurisdiction – Division of matrimonial assets – Law of Marriage Act provisions on forum for matrimonial relief.
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14 December 2007 |
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Appellant's rape conviction quashed where identity unproven due to discrepancies, delay, and lack of corroboration.
Criminal law – Rape – Identity of offender; Necessity of corroboration and caution with child witnesses; Identification parade and early description to third parties; Delay in arrest and failure to call investigating/arresting officers; Conviction unsafe – appeal allowed.
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14 December 2007 |
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Rape conviction upheld; omission of silence warning in cautioned statement not fatal absent shown prejudice.
Criminal law — Rape of a person under 18 — relevance of precise age; Admissibility of cautioned statements — compliance with s.57 and prejudice; Consent — corroboration by witnesses; Medical opinion on sexual injury not determinative of legal rape; Identification parade — prejudice requirement; Voir dire for child witness; Right to call witnesses and alibi.
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14 December 2007 |
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Appellant’s facilitation of rape of a 15‑year‑old upheld; aiding provisions sustain conviction and minimum sentence.
* Criminal law – Rape – sexual intercourse with a 15‑year‑old constitutes rape (s.130(2)(e))
* Criminal law – Aiding and abetting – liability of person who enables or facilitates commission of offence (s.22(1)(b),(c) Penal Code)
* Evidence – Victim testimony corroborated by medical report (PF3) sufficient to ground conviction
* Procedure – Alibi notice under s.194(4) Criminal Procedure Act – relevance where defence not properly raised
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14 December 2007 |
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Buyer who inspected and accepted possession of second‑hand machine cannot later reject it; ex parte order must be set aside before appealing.
Contract — Sale of goods — inspection and acceptance — purchaser who inspected, paid advance, took possession and used second‑hand machine cannot later reject for defects discovered after possession; Civil procedure — ex parte proceedings in Primary Courts — Rule 29 and Rule 30 GN 310/1964; setting aside ex parte orders; curable irregularity under section 37(2) Magistrates' Courts Act.
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13 December 2007 |
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Weak identification and inconsistent recovery evidence rendered armed-robbery convictions unsafe, resulting in acquittal.
* Criminal law – Identification evidence – necessity of early description and careful assessment of single-witness identification. * Criminal procedure – Evaluation of witnesses – contradictions, falsified testimony and accomplice danger. * Evidence – Recovery of stolen property and chain of custody; requirement for credible corroboration. * Appellate review – Trial court’s duty to analyse evidence individually against each accused; misdirection and manifest failure of justice grounds for quashing conviction.
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13 December 2007 |
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Disputes under revenue laws fall to the Tax Revenue Appeals Board; ordinary civil courts lack jurisdiction.
Tax law — Jurisdiction — Tax Revenue Appeals Act (Cap 408) ousts ordinary civil court jurisdiction; statutory appeal to Tax Revenue Appeals Board mandatory; Tanzania Revenue Authority powers to recover withholding tax under Income Tax Act; challenges to tax recovery to be pursued before the Board.
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13 December 2007 |
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Enticement claim failed for lack of proof of husbandhood and desertion; damages award was arbitrary and set aside.
Family law – Enticement under Law of Marriage Act s.73 – Nature of action as statutory suit (Part IV) not a 'matrimonial proceeding' for appellate jurisdiction; Primary Court concurrent jurisdiction under s.75; proof required that plaintiff was spouse and that desertion was induced; assessment of damages governed by s.74 (community custom and cohabitation) – appellate court's limits when assessing damages.
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13 December 2007 |
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Extension of time granted where judgment was delivered without notice and the intended appeal showed strong prospects.
Civil procedure – extension of time to appeal – whether lack of notice of judgment and subsequent illness constitute sufficient cause; assessment of prospects of success where lower court judgment lacks reasons.
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11 December 2007 |
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11 December 2007 |
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Night-time, single-witness identification without corroboration rendered the conviction unsafe.
* Criminal law Identification evidence Night-time identification with limited lighting and multiple assailants Single witness identification requires corroboration or absolute confidence Delay between offence, arrest and prosecution undermines reliability.
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11 December 2007 |
Elections – Election Offences and Irregularities - Bribery and Corrupt Practices
Elections – Election Petitions - Standard of Proof
Elections – Election Petitions – Jurisdiction of the High Court
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11 December 2007 |
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Conviction based on weak night-time visual identification and unexplained delayed arrest was unsafe; appeal allowed.
* Criminal law – Visual identification – Sufficiency and safety of identification evidence at night; moonlight, distance and limited features (coat, cap) increase risk of mistaken identity. * Criminal procedure – Delay in arrest – Unexplained long lapse between offence and arrest may undermine prosecution case. * Evidence – Failure to call witnesses (militiamen/informers) who were said to have been informed of identity weakens identification evidence.
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11 December 2007 |
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Allegations of fraud or forgery in a supporting affidavit are factual issues for trial and cannot defeat a revision application at preliminary stage.
Civil procedure — Revision application — Preliminary objection alleging affidavit fraud and forgery — Such allegations are questions of fact for trial and not grounds to dispose of the application at preliminary stage; pending related proceedings do not automatically warrant a stay.
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11 December 2007 |
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Alleged forgery in an affidavit cannot defeat a revision application; unrelated pending proceedings do not justify a stay.
* Civil procedure – preliminary objection – allegation of fraud/forgery in supporting affidavit – requires proof, not determinable summarily.
* Civil procedure – stay of proceedings – pendency of separate High Court land suit does not justify stay where matters are unrelated.
* Revision – calling for lower court record to examine legality of orders.
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11 December 2007 |
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Primary Court correctly dismissed trespass charge where Ward Tribunal had decided the dispute and no appeal was taken.
Ward Tribunal Act s.20(3) – Finality of Primary Court decisions on appeals from Ward Tribunal; Appeal jurisdiction – points of law to District Court; Res judicata / preclusion of re‑litigation where Ward Tribunal decision unappealed; Relevance of separate appeals arising from different originating cases.
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11 December 2007 |
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10 December 2007 |
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An appeal in matrimonial proceedings filed after the 45-day statutory limit without an extension is struck out.
Law of Marriage Act s.80(1)-(2) – appeals from magistrates’ court in matrimonial proceedings – forty-five day filing requirement; Preliminary objection – appeal time-barred; Effect of failure to obtain extension of time and withdrawal/absence at hearing; Appeal struck out with costs.
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10 December 2007 |
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A magistrate cannot lawfully order compensation after acquitting the appellant; such a direction is invalid and is quashed.
Criminal law – malicious damage to property – acquittal – invalidity of compensation order made after acquittal; Civil v. criminal remedies – compensation should be sought in civil proceedings absent conviction; Court orders – requirement of clarity and mandatory command for enforceability.
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7 December 2007 |
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A magistrate may not validly order compensation against an accused after acquittal; the ambiguous compensation direction was quashed.
Criminal law – Acquittal – Invalidity of compensation order issued after acquittal; procedural clarity of court orders; civil remedy vs criminal proceedings.
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7 December 2007 |
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Applicant’s delay in appealing an ex-parte judgment caused by counsel’s negligence; non-notification alone insufficient to extend time.
* Civil procedure – Application for extension of time to file appeal – Whether non-notification of judgment constitutes sufficient cause – Ex-parte proceedings – Duty of parties and counsel to follow up outcome – Inertia and negligence not good cause.
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7 December 2007 |
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Applicant's and counsel's negligence in failing to follow up ex parte proceedings warranted dismissal of extension application.
* Civil procedure – extension of time – application after ex parte judgment – non-notification of judgment date not automatically good cause; delay due to counsel/applicant negligence and failure to follow up is not sufficient to enlarge time.
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7 December 2007 |
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Court granted bail subject to statutory cash deposit, apportioning the required sum among jointly charged applicants.
* Economic & Organised Crime Control Act – bail pending trial – statutory cash-deposit requirement where property value exceeds TSh 10,000,000 (s.36) – applicability to jointly charged accused and apportionment of deposit; bail conditions including cash deposit, bond and sureties; travel/document surrender.
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6 December 2007 |
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Private complainant failed to prove housebreaking; tenancy dispute should be pursued in the Housing Tribunal; appeal dismissed.
Criminal law – housebreaking and theft – burden of proof lies with prosecution/private complainant; non-production of alleged exhibit does not shift burden. Criminal procedure – need to call police witnesses or obtain summons for exhibits. Landlord-tenant disputes – possession/notice issues appropriately determined by Housing Tribunal rather than criminal court. Evidence – alleged admission to police should be proved by calling the police witness.
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6 December 2007 |
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Appellants' convictions quashed for prejudice from lack of legal representation and insufficient proof of document fraud.
* Criminal law – use of documents intended to mislead principal – proof beyond reasonable doubt; * Right to legal representation – trial in absence of defence counsel and prejudice; * Evidence – improper or undocumented admission of exhibits; * Effect of co-accused’s death on prosecution case and sufficiency of evidence; * Remedy – quashing convictions and setting aside sentences rather than ordering retrial where prejudice and time-served exist.
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6 December 2007 |
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Convictions based on inadmissible statements and uncorroborated retracted confessions are unsafe and were quashed.
Evidence — Section 34B(2) Evidence Act — statutory conditions for admitting out‑of‑court statements are cumulative; failure to satisfy them renders statements inadmissible; Criminal law — Confessions — retracted/repudiated confessions require warning and corroboration before they can safely support conviction; Conviction unsafe where based on inadmissible statements and uncorroborated retracted confessions.
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5 December 2007 |
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Convictions quashed where visual identification was unreliable and defence alibi was not properly considered.
Criminal law — Visual identification — Reliability of identification evidence; burden of proof beyond reasonable doubt; admissibility and necessity of medical (PF3) evidence; requirement to consider defence (alibi) evidence; convictions quashed where identification and corroboration were unsatisfactory.
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5 December 2007 |
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Appeal dismissed: threats charge not proved—mere words and night voice identification insufficient without real apprehension of imminent violence.
Criminal law – Threats to kill – Proof of offence requires specific intent to cause belief of immediate unlawful violence or actual belief by complainant; identification by voice at night; mere abusive words without causing real fear insufficient.
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5 December 2007 |
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Conviction for grave sexual abuse quashed due to insufficient and conflicting evidence; retrial denied.
Criminal law – sexual offences – requirement of proof for grave sexual abuse (s.130C(1)(a), s.138C(2)(b)) – evidential sufficiency where victim is a very young child – weight and consistency of lay and medical evidence – competence of child witness and in camera proceedings (s.186(3) Criminal Procedure Act) – retrial not warranted where evidence is conflicted and victim unlikely to give reliable testimony.
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5 December 2007 |
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Successor is not liable for predecessor cooperative’s unpaid wages absent evidence of legal succession; claimant only entitled to arrears for period employed by successor.
Employment law – salary in arrears; successor liability for dissolved employer; evidence required to prove takeover of assets and liabilities; entitlement to wages only for period of employment; counterclaim for salary in lieu of notice.
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5 December 2007 |
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Appellant not liable for cooperative’s earlier unpaid wages; respondent entitled only to arrears for period employed by appellant.
Labour law – employer liability for unpaid wages – whether successor employer inherits liabilities of dissolved cooperative; Cooperative Societies Act – capacity to sue and be sued; proof required to establish transfer of assets and liabilities; limitation of claim to period of actual employment by respondent.
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5 December 2007 |
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Delay and non-compliance with mandatory appeal rules justified striking out application for extension of time with costs.
Limitation and appeals from Primary Courts — section 25(1)(b) Magistrates Courts Act; Rule 3 GN 312/1964 — mandatory requirement to attach petition of appeal or set out grounds; time runs from date of decision; waiting for drawn order or seeking counsel not sufficient reason for extension; application struck out for non-compliance.
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5 December 2007 |