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Citation
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Judgment date
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| December 2021 |
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District Court wrongly struck out a revision; s.22 MCA allows invocation by correspondence and does not require citation in such complaints.
* Civil procedure — Revision under s.22 Magistrates' Courts Act — No prescribed modality; revision may be by chamber summons, correspondence or suo motu.
* Procedural requirements — Citation of enabling provision required in formal statutory processes but not where court is moved by correspondence.
* Procedural fairness — Court should not raise and decide preliminary issues suo motu without hearing parties.
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31 December 2021 |
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Conviction for rape upheld: victim's credible account corroborated, variances and minor contradictions not fatal.
Criminal law — Rape — Sufficiency of prosecution evidence — Best evidence from victim; corroboration by intervening witness and clinical officer — Variance between charge and evidence; non-material — Wrong subsection citation not fatal where facts fit subsection (b) — Failure to call additional witnesses not automatically fatal — Minor contradictions not going to gist of case.
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31 December 2021 |
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31 December 2021 |
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Affray-caused death proved but lack of malice reduced offence to manslaughter; five-year sentence imposed.
Criminal law – Manslaughter vs murder – requirement of malice aforethought; Visual identification – reliability of night identification (motorcycle lamp and moonlight); Burden of proof – prosecution must establish guilt beyond reasonable doubt; Sentencing – mitigation for first offender and time on remand.
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31 December 2021 |
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CMA is not a "court" for Government Proceedings Act purposes; 90‑day notice does not extend the 30‑day labour filing limit.
Labour law — jurisdiction — CMA is a quasi‑judicial body not a "Court" under the Government Proceedings Act; suits against Government to be instituted in High Court; lex specialis — labour rules prevail over general Government Proceedings Act time provisions; 90‑day notice does not extend Rule 10's 30‑day filing period; late referrals require condonation at CMA; public servants must exhaust internal remedies under Public Service Act (Section 32A); mandatory filing of notice of intention to seek revision (Reg.34(1)) is fatal if omitted.
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30 December 2021 |
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30 December 2021 |
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30 December 2021 |
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Court amended a clerical error to record that sentences run concurrently, under section 367 CPA.
Criminal procedure — Section 367 Criminal Procedure Act — Correction of clerical/recordal error — Amendment of Order Reducing Sentence to reflect concurrent sentences as ordered by the court — Unopposed application to amend court record.
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29 December 2021 |
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29 December 2021 |
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Appeal dismissed: procedural defects cured and victim's credible, corroborated evidence upheld convictions.
Criminal procedure – change of magistrate and section 214 CPA; conviction in absence – section 226 CPA; judgment formalities – section 312(2) CPA and curability under section 388; admissibility of PF3 and tendering by non-expert; credibility of victim and corroboration in sexual offence cases; minor discrepancies not fatal to prosecution case.
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29 December 2021 |
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Amendment of a probate petition was refused because a caveat and pending litigation made amendment inappropriate.
* Probate law – Amendment of petition – Rule 115A(1)(a) Probate Rules, 1963 – amendment inappropriate where caveat and related civil proceedings pending and petition stayed; * Civil procedure – effect of caveat and pending litigation on probate applications; * Interim relief – restraint on dealing with estate property pending determination; * Parties’ remedy – withdrawal and resolution versus amendment while matters contested.
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29 December 2021 |
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Whether conviction is sustainable despite procedural defects and whether statutory life sentence applies for raping a six‑year‑old.
Criminal law – Rape of a child under ten – proof of age by testimony – child witness competency: promise to tell the truth suffices – conviction procedure errors curable under s388(1) CPA – no mandatory duty for police investigator to testify – identification, confession and medical evidence may suffice – sentence varied to life under s131(3) Penal Code.
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29 December 2021 |
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Applicant failed to show a triable issue, irreparable harm or favorable balance of convenience for a mareva injunction.
* Civil procedure – Mareva (freezing) injunction – interim injunction sought prior to institution of suit where 90‑day notice to sue Government delays filing.
* Jurisdiction – Court’s power under s.2(3) Judicature and Application of Laws Act to apply common law remedies including mareva injunction.
* Interim injunction test – requirement of prima facie/triable issue, irreparable injury, and balance of convenience.
* Mortgage enforcement – acknowledgment of debt and default defeats claim for injunctive relief absent evidence bank participated in alleged misrepresentation.
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28 December 2021 |
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Failure to facilitate transfer for legal representation in Primary Court infringes right to be heard, rendering proceedings null.
Matrimonial property — right to be heard and legal representation — Primary Court received advocate’s engagement letter but failed to transfer file — breach of Article 13(6) Constitution and Magistrates' Courts Act (ss.45,47) — proceedings vitiated; admission of secondary evidence; evaluation of contributions to matrimonial property.
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28 December 2021 |
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The applicant's leave to file for a stay of execution out of time was granted; delay excused due to time obtaining judgment.
Limitation law – s14 and s19 Law of Limitation Act – exclusion of time spent obtaining judgment; Civil Procedure Code s93 – enlargement of time; leave to file application out of time for stay of execution; assessment of negligence in delay.
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28 December 2021 |
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Court granted interim injunction against private respondent to preserve status quo pending expiry of statutory ninety-day notice.
Civil Procedure — interim (maleva) injunction pending institution of suit; s.95 CPC and s.2(3) JALA; injunctions and government respondents; statutory 90-day notice under Government Proceedings Act; preservation of status quo and irreparable harm.
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28 December 2021 |
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A report by a public officer to police does not alone make the officer liable for a subsequent temporary detention.
Unlawful detention – liability for detention after reporting to police; public officers’ duty to report suspected offences; standard of proof (balance of probabilities); admissibility and effect of prior inspection findings; application of Tumanieli v Aisa Issai precedent.
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28 December 2021 |
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Failure to record and consider assessors' opinions under s24 renders a judgment defective and warrants remittal for compliance.
Land Disputes Courts Act s24 – assessors’ opinions – mandatory requirement to state consideration and reasons when differing – omission renders judgment defective – remittal for proper judgment rather than retrial.
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28 December 2021 |
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Failure to consider the applicant’s defence and procedural defects in admitting statement and exhibits vitiated the conviction.
Criminal law – Unlawful possession and dealing in government trophy; admissibility of cautioned statements – compliance with ss.50–51 Criminal Procedure Act (four-hour rule); requirement to read admitted documentary exhibits to accused; failure to consider accused’s defence; procedural irregularities vitiating conviction.
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27 December 2021 |
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Court upheld conviction based on voluntary written and oral confessions corroborated by conduct and witness testimony.
Criminal law – confession evidence – voluntariness of cautioned and extra-judicial statements; retracted confession can ground conviction if true; failure to object or cross-examine on voluntariness estops later challenge; circumstantial corroboration and non-recovery of stolen property not necessarily fatal to conviction.
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27 December 2021 |
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27 December 2021 |
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Victim's credible testimony upheld rape conviction; second conviction quashed to avoid double jeopardy.
Criminal law — Rape and impregnating a schoolgirl — credibility of victim as best evidence in sexual offences; minor inconsistencies resolved by handwritten record and medical exhibits; appellate re-evaluation; double jeopardy: quashing concurrent lesser conviction.
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27 December 2021 |
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Conviction quashed where contradictions, unlawful search without written authority and defective admission of exhibits undermined prosecution's case.
* Criminal law – Trafficking in narcotic drugs – burden of proof – requirement that prosecution prove case beyond reasonable doubt.
* Evidence – Witness credibility – contradictions as to material facts (bag colour, number and description of packets) undermine proof.
* Search and seizure – requirement for written authority under section 38(1) Criminal Procedure Act – absence renders search unlawful and seizure certificate inadmissible.
* Documentary exhibits – admission and requirement that exhibits be read to accused with identity of reader recorded – omission fatal to admissibility.
* Remedy – expungement of tainted exhibits and quashing of conviction and sentence where evidence insufficient.
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27 December 2021 |
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Applicants charged with wildlife and firearms offences granted bail subject to deposit, sureties, passport surrender and movement restrictions.
Bail — EOCCA s29(4)(d) jurisdiction where value of government trophies TShs 26,720,000/=; Bail conditions — EOCCA s36(5): deposit of half asset value or equivalent immovable property, bonds, sureties, surrender of passports, movement restriction to Pwani, verification by Resident Magistrate; Charges: unlawful possession of government trophies, leading organized crime, unlawful possession of firearms; Uncontested application.
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24 December 2021 |
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Appellant lacked locus standi after transferring the land; tribunal rightly dismissed and respondents were improperly sued personally.
Land law – locus standi in land disputes – transfer of ownership/possession extinguishes standing to sue; procedural law – when locus standi arises during trial tribunal may hear matter to conclusion; public officeholders – acts pursuant to village government resolution attract capacity issues when sued in personal capacity.
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24 December 2021 |
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Failure to record or read assessors' opinions nullified DLHT proceedings; matter remitted for rehearing before new chairman and assessors.
Land Disputes Courts Act s.23(1)-(2) and DLHT Regulations r.19(2) – Requirement for assessors to give written opinions before judgment – Non‑compliance renders proceedings nullity – High Court’s revisional powers (s.43) to nullify and remit – Costs where anomaly not caused by parties.
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24 December 2021 |
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Extension denied where represented applicant failed to show sufficient cause and alleged illegality was not apparent.
Labour procedure — extension of time to file notice of appeal — sufficient cause — duty of counsel to inform client of judgment — negligence of counsel not necessarily excusing delay — alleged illegality must be apparent to justify extension.
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24 December 2021 |
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CMA acted ultra vires in dismissing a mediated settlement; High Court nullified CMA proceedings and remitted the record for compliance.
* Labour law – settlement agreements – mediator's certificate – need to specify timeframes for performance. * Civil procedure – execution and review – High Court inherent powers to remit record and direct lower tribunals. * Administrative law – tribunal acting ultra vires/functus officio – nullity of decision. * Enforcement – where a settlement lacks executable terms the tribunal must clarify, not dismiss, the agreement.
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24 December 2021 |
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Uncontested EOCCA bail application allowed; court imposed monetary/immovable security, bonds, sureties, passport surrender and movement restrictions.
* Criminal procedure – Bail – Economic and Organized Crime Control Act (EOCCA) s.29(4)(d) – bailability of offences involving alleged proceeds or valuable government trophies.
* Bail conditions – monetary deposit/share of alleged value, alternative immovable property security, bonds, sureties, surrender of travel documents, movement restriction, verification by Resident Magistrate.
* Uncontested bail application – effect on court’s exercise of discretion to admit accused to bail.
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24 December 2021 |
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24 December 2021 |
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Court condoned the applicant's delay due to prolonged CBA settlement efforts, quashing the tribunal's refusal.
* Labour law – condonation of delay – whether prolonged attempts at amicable settlement under a Collective Bargaining Agreement amount to good cause; * Constitutional right to be heard – must inform interpretation of limitation and procedural rules; * Revisional jurisdiction – power to quash CMA decision and remit matter for hearing.
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24 December 2021 |
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A land tribunal exceeded its jurisdiction by determining probate/heiress issues, so its proceedings and judgment were nullified.
* Jurisdiction – Land Disputes Tribunal – limits of jurisdiction – tribunal cannot adjudicate probate/eligibility to inherit; such matters vested in probate courts. * Procedure – assessors – lapse of tenure – chairman may proceed where assessors did not hear evidence. * Revision – High Court nullifying tribunal proceedings for lack of jurisdiction under s.43 Land Disputes Courts Act.
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24 December 2021 |
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24 December 2021 |
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Applicant charged with unlawful possession of government trophies granted bail subject to stringent security and surety conditions.
Criminal procedure – Bail pending trial under EOCCA ss.29(4)(d) and 36(1) – Wildlife/trophy offences – Presumption of innocence – Grant of bail subject to stringent conditions (cash/immovable security, sureties, travel restriction, verification).
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23 December 2021 |
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A decree-holder may petition to wind up a company that cannot satisfy a court judgment; court may appoint a liquidator.
* Companies Act – Winding up – inability to pay debts – decree-holder (petitioning creditor) – failure to satisfy court judgment as ground for winding up. * Procedural compliance – service by Gazette and newspaper – ex parte hearing. * Bona fide dispute – when it bars a winding-up petition.
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23 December 2021 |
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Appellant failed to prove reputational harm from allegedly false statements; appeal dismissed with costs.
Defamation — elements: false statement, publication to third party, reference to claimant, and proof of reputational injury; burden of proof on plaintiff; qualified privilege; costs and demand notice principles.
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23 December 2021 |
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Whether a cross‑examination statement was a legal admission and whether the church was a suable legal entity.
Civil procedure – Judgment on admission – Order XII r.4 CPC – requirement of clear and unequivocal admission; Legal capacity to sue – suability of religious organisations – suits must be against registered/incorporated legal persons; Revisionary jurisdiction – High Court may interfere with interlocutory proceedings in exceptional cases to prevent miscarriage of justice.
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23 December 2021 |
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Court appointed two heir-administrators after family consent and no caveat, ordering inventory in six months and accounts in twelve.
* Probate and Administration – Letters of administration – Granting letters to heirs where deceased died intestate – public citation and absence of caveat; family meeting minutes as evidence of consent; directions to administrators to file inventory and accounts.
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23 December 2021 |
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Appellate court quashed conviction where exhibits were not read, material witness not called, and defence evidence not considered.
* Criminal law – theft by agent – proof beyond reasonable doubt – ownership and handing over of property must be established by admissible evidence.
* Evidence – exhibits admitted but not read out are subject to expunction as a fatal irregularity.
* Evidence – failure to call material witness may attract adverse inference under S.122 Evidence Act.
* Criminal procedure – trial court must evaluate defence evidence; appellate court may re-evaluate when trial court fails to do so.
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23 December 2021 |
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Applicant charged with manslaughter granted bail with statutory conditions under section 148 CPA.
* Criminal procedure – Bail under section 148(1) CPA – Manslaughter is a bailable offence – Court may grant bail where no risk of interfering with investigations or endangering applicants – Conditions under section 148(6) CPA (sureties, bail bond, ID, leave to travel, no further offences, assessment by Deputy Registrar).
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23 December 2021 |
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Conviction quashed because documentary exhibits were not read and the seized substance was not identified as narcotic in court.
* Criminal law – Unlawful possession of narcotic drugs – burden of proof – requirement that prosecution proves identity of seized substance; * Evidence – Documentary exhibits must be read over in open court so accused knows nature of case and can defend; * Procedure – Failure to read exhibits justifies expungement; * Appeal – Conviction unsafe where key exhibits expunged and chemical identification lacking.
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23 December 2021 |
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Where charge sheet omits pecuniary value, bail jurisdiction lies with committal court; High Court may nonetheless grant bail via inherent powers.
* Criminal procedure – Bail under EOCCA s.29(4) – jurisdiction depends on pecuniary value of property involved; undisclosed value vests jurisdiction in committal court. * Doubt about value resolved in favour of accused. * High Court may invoke inherent powers to grant bail where appropriate.
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23 December 2021 |
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Unsigned judgment is a nullity; omission to sign witness proceedings is curable under section 388 CPA.
* Criminal procedure – signing of proceedings – compliance with section 210(1)(a) and 210(3) CPA – omission to sign after witness testimony curable under section 388. * Criminal procedure – judgment requirements – section 312(1) CPA – unsigned judgment is a nullity. * Revisionary powers – section 373 CPA – quashing judgment and setting aside sentence; remit for proper signed judgment and re-sentencing.
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23 December 2021 |
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A review application filed beyond the 30‑day limitation period is jurisdictionally time‑barred absent proof of extension, and is dismissed.
Civil procedure — Review application — Limitation period — Item 3, Part III, Schedule to the Law of Limitation Act (30 days) — Failure to prove extension of time — Alleged suo motu order not produced — Time bar goes to jurisdiction — Dismissal with costs.
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22 December 2021 |
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Appellant failed to prove prior transfers; 10% award to respondent for domestic contribution to matrimonial house upheld.
* Family law – Division of matrimonial property – Section 114 Law of Marriage Act – domestic contribution versus financial contribution in apportioning shares.
* Evidence – Burden of proof – Section 110 Evidence Act – party alleging prior transfer must prove it with evidence.
* Civil procedure – appeal – quashing of eviction order overtaken by events.
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22 December 2021 |
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Accused in economic and wildlife offences granted bail subject to stringent security, surety and conduct conditions under EOCCA.
* Criminal procedure – Bail – Economic and organized crime – Application for bail under sections 29(4)(d) and 36(1) EOCCA – Offences held bailable subject to conditions under section 36(5) (as amended).
* Bail conditions – security deposit or immovable property, two local sureties, bail bond, ID verification, territorial restriction, good conduct and mandatory attendance.
* Constitutional protection – presumption of innocence; accused should not be unreasonably denied bail.
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22 December 2021 |
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Non-compliance with child-evidence and record-signing rules rendered the conviction incompetent; appeal allowed and appellant acquitted.
* Criminal procedure - child witness evidence - failure to conduct/record voir dire under s127(2) TEA renders testimony unsworn and questionable. * Criminal procedure - record of evidence - omission to sign proceedings contrary to s210(1)(a) CPA vitiates proceedings. * Criminal procedure - mandatory conviction formalities under s135(1) CPA - non-compliance renders judgment incompetent. * Remedy - retrial vs acquittal where conviction is tainted and appellant has served lengthy imprisonment (Manji principle).
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22 December 2021 |
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Failure to comply with statutory promise requirement for a child witness rendered the testimony inadmissible and overturned the rape conviction.
Evidence – Child witness – non-compliance with section 127(2) Evidence Act (promise to tell the truth) – testimony expunged; insufficiency of remaining evidence to sustain rape conviction – criminal procedure – discretion to order trial de novo under section 388(1) Criminal Procedure Act; prosecutorial duty to ensure lawful procedure.
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22 December 2021 |
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Weak identification, defective chain of custody and improper charging led to quashing of conviction and sentence.
Criminal law – Visual identification: requirements (light, proximity, duration, familiarity, earliest naming, identification parade); Recent possession doctrine – elements and need for corroboration; Chain of custody – necessity of seizure note/arresting officers’ evidence; Charging – improper multiplicity of counts for a single robbery; Burden of proof – prosecution must prove beyond reasonable doubt.
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22 December 2021 |
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Eyewitness, medical and exhibit evidence proved murder; adults sentenced to death, juvenile conditionally discharged.
Criminal law – Murder – Identification in daylight – credibility of eyewitnesses; corroboration by post‑mortem and seized weapons; malice aforethought established by weapons, multiple wounds, force and utterances; alibi unsupported and failure to give statutory alibi notice; sentence: death for adult offenders, conditional discharge for juvenile.
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22 December 2021 |