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Citation
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Judgment date
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| December 2021 |
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A 55-day unexplained delay did not constitute good cause for condonation; CMA's refusal upheld.
Labour law — condonation of late referral — requirement to show sufficient/ reasonable/ good cause and absence of dilatory conduct; Procedure — condonation applications before CMA — exercise of discretion; Delay — 55 days unexplained amounts to negligence and justifies refusal of extension; Evidence — applicant’s pursuit of termination letter/benefits insufficient to excuse delay.
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2 December 2021 |
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2 December 2021 |
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Court struck out applicant's status quo application as premature, res judicata and an abuse of court process.
Civil procedure – maintenance of status quo v. interim injunction; Mareva-type relief; Arbitration Act s.13 – need to initiate arbitration before court relief; res judicata/functus officio – repeated applications; abuse of court process; application struck out with costs.
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2 December 2021 |
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Extension granted to file leave to appeal: delay due to late supply of records and citation error held clerical and curable.
Appellate procedure – Extension of time under s.11(1) Appellate Jurisdiction Act – Requirement to show good cause. Civil procedure – Overriding objective (s.3A(1) Civil Procedure Code) – cure of clerical mis‑citation. Evidence – delay caused by court’s failure to supply records – diligence of requester. Relief – extension granted where no prejudice shown to respondent.
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2 December 2021 |
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A purported cautioned statement lacking recorded time/terms and obtained outside permitted interview period is inadmissible.
Criminal procedure – cautioned statement – statutory requirements under section 57(2)(d): whether a caution was given, terms of caution, time of caution and response must be recorded. Criminal procedure – time limits for interviewing detained suspects – requirement to seek/obtain extension under section 51(1)(a) and (b). Admissibility – non‑compliance with statutory formalities renders a purported cautioned statement inadmissible. Voluntariness – allegations of coercion may affect admissibility, but statutory non‑compliance alone can suffice to exclude evidence.
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2 December 2021 |
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Applicant granted temporary injunction preventing attachment or sale of mortgaged land pending the main suit.
Land law — Temporary injunction — Atilio v. Mbowe test; compliance with statutory notice under s.127(1) Land Act; attachment and sale of mortgaged land; irreparable harm and balance of convenience; contradictory notices and valuation discrepancies.
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2 December 2021 |
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Temporary injunction granted to restrain sale of mortgaged properties due to triable issues, possible defective statutory notice, and risk of irreparable loss.
Land law – mortgage and sale of land – application for temporary injunction – application of Atilio v. Mbowe test (triable issue, irreparable injury, balance of convenience); compliance with section 127(1) Land Act (sixty-day statutory/default notice); conflicting valuation reports and contradictory default/sale notices.
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2 December 2021 |
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2 December 2021 |
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Court dismissed application to extend time to appeal for failure to account for delay and show sufficient cause.
Land procedure – Extension of time to appeal – Applicant must account for every day of delay; delay must not be inordinate; applicant must show diligence; sickness may be sufficient if adequately evidenced and explained; alleged illegality must be apparent on the face of the record.
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2 December 2021 |
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Circumstantial evidence, lack of seizure certificate and missing material witnesses rendered the conviction unsafe.
Criminal law – cattle theft – circumstantial evidence – requirements for a complete chain of evidence – proof beyond reasonable doubt; Evidence Act – search and seizure – certificate of seizure and chain of custody; Duty to call material witnesses; Evaluation of accused's defence.
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1 December 2021 |
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Court granted ex-parte witness-protection measures including video testimony and nondisclosure under s34 PTA and s188 CPA.
Criminal procedure – witness protection – section 34(3) Prevention of Terrorism Act and section 188 Criminal Procedure Act – ex-parte orders for video testimony, non-disclosure of identity and non-disclosure of identifying statements/documents. Evidence – use of video conferencing to protect witnesses. Human rights – balancing witness safety with accused's right to fair trial; protective measures must be proportionate. Comparative law – persuasive reliance on international instruments and foreign authorities (Rome Statute, UN instruments, India, Kenya) and prior local High Court decisions.
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1 December 2021 |
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Court granted ex parte witness protection orders (video testimony and non-disclosure) under anti‑terrorism and criminal procedure statutes.
Witness protection — Prevention of Terrorism Act s.34(3) and Criminal Procedure Act s.188 — video conferencing evidence — non-disclosure of identity/whereabouts and identifying statements/documents — balancing witness safety with fair trial rights — ex parte protection orders.
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1 December 2021 |
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Court authorized video testimony and non-disclosure orders under anti-terror and criminal procedure provisions to protect threatened witnesses.
Witness protection – Prevention of Terrorism Act s.34(3) and Criminal Procedure Act s.188 – video testimony – non-disclosure of identity/statements – balancing witness safety and fair trial – terrorism and organized crime context.
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1 December 2021 |
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1 December 2021 |
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1 December 2021 |
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Failure to serve a complainant's statement and inadequate visual identification rendered the conviction unsafe.
Criminal law – armed robbery – visual identification at night – need to exclude mistaken identity; identification by naming alone is insufficient without describing lighting conditions. Evidence – admission and service of documentary exhibits – statement admitted under section 34B must be served on the accused; failure to do so violates fair trial rights. Confessions – extra-judicial confession to civilian may be probative, but conviction may still be vitiated by procedural defects in evidence handling.
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1 December 2021 |
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Applicant failed to account for delay and counsel's negligence was attributed to him; extension refused with costs.
Land — Extension of time — Applicant must account for each day of delay; negligence of counsel attributable to client; personation vitiates filings; prior extension insufficient without explanation.
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1 December 2021 |
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Warrantless search and defective exhibit handling led to quashing of unlawful possession conviction.
• Criminal procedure – search of private premises – requirement of search warrant and authorised officer under s.38(1) CPA and PGO 226.• Evidence – seizure certificate/inventory – procedural compliance, reading and chain of custody essential for admissibility.• Wildlife offences – unlawful possession of government trophies – conviction quashed where search and exhibit handling unlawful.
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1 December 2021 |
| November 2021 |
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An invalid conciliation board certificate deprives the court of jurisdiction to pronounce divorce despite the parties’ apparent agreement.
Matrimonial law — Conciliation board certificate — Validity and competence to found court proceedings; Law of Marriage Act s.104(1) — requirement to hear both parties and power to adjourn; Procedural compliance as prerequisite to trial of matrimonial causes; Consent to divorce insufficient to cure defective conciliation certificate.
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30 November 2021 |
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High Court refused to certify points of law, finding alleged lack of summons and title disputes were factual.
Appellate Jurisdiction Act s.5 — certificate of point of law — discretionary screening function; absence of summons vs right to be heard; factual questions (title/locus and witnesses' competence) not certifiable as points of law.
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30 November 2021 |
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Appeal dismissed: guilty plea upheld despite omission to cite statute and unsupported language-barrier claim; sentence and deportation affirmed.
Immigration law – unlawful presence – conviction on plea of guilty – ingredients of offence disclosed by facts. Criminal Procedure – conviction formality – omission to cite statutory provision (s312(2) CPA) not fatal where no prejudice. Criminal procedure – plea of guilty – language competence and voluntariness; afterthought language complaints unsupported by record. Sentence – statutory minimum affirmed; deportation ordered.
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30 November 2021 |
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30 November 2021 |
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30 November 2021 |
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Victim’s credible testimony, corroborated by relatives and medical evidence, upheld conviction for unnatural offence.
Criminal law – Unnatural offence (s.154(1)(a) Penal Code) – Evidence of child witness – post‑amendment requirement is promise to tell the truth; voir dire not required. Proof of age – parent’s oral testimony sufficient absent birth certificate. Corroboration – victim’s account corroborated by relatives and medical PF3. Defence of alibi – requires notice; failure to cross-examine a witness implies acceptance. No obligation to call local government leader.
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30 November 2021 |
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Adultery proved; District Court failed to evaluate trial evidence, so Primary Court’s dissolution order is upheld.
Family law – Divorce – Adultery – Proof of repeated acts of adultery as ground for dissolution under s.107(2)(a) Law of Marriage Act – Appellate review – duty to evaluate and analyse trial evidence – appellate reversal for failure to assess corroborative testimony.
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30 November 2021 |
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30 November 2021 |
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High Court partly allows appeal: pharmacy not joint property; house divided 80% respondent, 20% appellant; visitation granted.
Family law — division of matrimonial property under section 114 LMA — requirement of proof of joint acquisition; weight of contributions (money, work) considered; pharmacy not proved as joint asset; house divided 80/20 due to respondent’s greater contribution. Appeals — afterthought grounds not raised at first appeal dismissed.
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30 November 2021 |
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Directors cannot be arrested in execution unless the corporate veil is properly lifted and requisite proof provided.
Civil procedure – Revision under section 79(1) – material irregularity in execution proceedings leading to quashing of subordinate court order. Execution law – Enforcement against companies – requirement to lift corporate veil before arrest/detention of directors; necessity of proof company has no attachable assets and proof of directorship. Service/ex parte proceedings – substituted service/default does not dispense with necessity of proving substantive prerequisites for arrest.
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30 November 2021 |
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Primary court rules bar oral evidence contradicting a written sale agreement; a witness to a contract lacks locus to sue.
Evidence — Primary courts — Magistrates’ Courts (Rules of Evidence in Primary Courts) Regulations GN 22/1964 & GN 66/1972 — Regulation 14(1) prohibits oral evidence to contradict written contracts except limited exceptions (fraud, mistake, separate consistent oral agreement, subsequent modification, customs). Contract — Written sale agreement — Document speaks for itself; oral testimony cannot vary clear written terms absent an exception. Locus standi — A person who appears only as a witness to a sale agreement lacks capacity to sue on that contract. Admissibility — Subsequent attestation/receipt invalid where it purports to alter original written terms. Procedure — Primary courts need not record separate written assessor opinions; magistrates should avoid attesting documents likely to require later testimony.
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30 November 2021 |
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Non-joinder of the Attorney General in proceedings against a government authority vitiates the proceedings.
Government proceedings – joinder of Attorney General – mandatory under section 6(3) (as amended) for all suits against government entities, including applications Meaning of "suit" – includes applications, petitions and other civil proceedings Non-joinder of a necessary party (Attorney General) vitiates proceedings Preliminary objections – only pure points of law are awardable as preliminary objections; factual/evidential issues not suitable
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30 November 2021 |
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An injunction application against a local government was struck out for failure to join the Attorney General as a necessary party.
Government proceedings – joinder of Attorney General mandatory under amended section 6(3) – applies to suits and civil proceedings including applications. Meaning of "suit" construed broadly to include applications, petitions, reviews. Non-joinder of necessary party (Attorney General) vitiates proceedings – violation of audi alteram partem. Mareva/temporary injunctions – cannot proceed against government entities without complying with statutory joinder/notice requirements.
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30 November 2021 |
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30 November 2021 |
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An appeal filed without the requisite decree is incompetent and must be struck out.
Civil procedure – Appeal competency – Order XXXIX, Rule 1(1) CPC – mandatory attachment of decree to memorandum of appeal – failure to attach decree renders appeal incompetent and incurable – overriding objective cannot cure competency defect – suo motu raising of procedural irregularity with right to be heard.
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30 November 2021 |
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An appeal filed without the mandatory copy of the decree is incompetent and is to be struck out; defect is incurable.
Civil procedure – Appeal – Order XXXIX, Rule 1(1) CPC – Mandatory requirement to attach copy of decree to memorandum of appeal – Failure to attach decree renders appeal incompetent and incurable – Court may raise defect suo motu but must afford parties right to be heard – Overriding objective cannot cure fundamental procedural defect.
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30 November 2021 |
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Convictions quashed where material contradictions, unreliable key witness and non-production of witnesses/exhibits raised reasonable doubt.
Criminal law — sufficiency of evidence — contradictions and unreliable key witness; adverse inference for failure to call material witnesses or produce exhibits; medical evidence not binding if overall prosecution case is discredited; accused not to be convicted on weakness of defence.
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30 November 2021 |
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Applicant cannot challenge Ward Tribunal judgment in execution revision; remedy was appeal or revision under section 43.
Land Disputes Courts Act s.43 – High Court revisional jurisdiction over District Land and Housing Tribunal decisions. Execution — entitlement to execute Ward Tribunal judgment not reversed or set aside. Procedural law — jurisdictional/illegality complaints against a Ward Tribunal decision must be raised by appeal or revision, not in execution proceedings. Revision — challenge to execution must show error material to merits involving injustice in the District Land and Housing Tribunal proceedings.
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30 November 2021 |
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Termination for nondisclosure of prior dismissal and dishonesty was substantively and procedurally fair; revision dismissed.
Labour law – unfair termination – gross dishonesty and nondisclosure of prior dismissal as fair substantive ground for dismissal. Public Service Act and Standing Orders – applicability to bodies corporate delivering public services (NHC) and requirement for Chief Secretary sanction before re-engagement. Employment and Labour Relations (Code of Good Practice) GN No. 42/2007 – disciplinary procedures (Rule 13) – notice, right to be heard, representation, witnesses, and fairness of process. Procedural fairness – adjournment and right to legal representation at internal disciplinary hearings.
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30 November 2021 |
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Appellant failed to prove title; tribunal rightly held land formed part of deceased’s estate and dismissed the appeal.
Land law – ownership dispute; burden of proof in civil cases; credibility of evidence; deceased’s estate and probate jurisdiction; validity of purchases from persons with title.
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30 November 2021 |
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Disposal of perishable wildlife trophies without hearing the accused invalidates convictions for unlawful possession of those trophies.
Wildlife offences – unlawful entry and possession of weapons; unlawful possession of government trophies – disposal of perishable exhibits under PGO para 25; accused’s right to be heard before disposal; admissibility and tendering of seizure, inventory and valuation documents; appellate re-evaluation of evidence.
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30 November 2021 |
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Certificate on a point of law granted to appeal issues of evidence evaluation, village‑letter title proof, and court's power to overturn concurrent findings.
Land law — Certificate on a Point of Law under s.47(3) Land Disputes Courts Act — evaluation of evidence by appellate courts — probative value of a Village Executive Officer's letter as proof of title — High Court power to overturn concurrent findings.
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30 November 2021 |
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Appellate court upheld conviction on recent possession but reduced the sentence to five years and ordered compensation.
Criminal law – animal stealing – doctrine of recent possession – requirements and application. Evidence – credibility and need (or not) for corroboration of victim and community witnesses. Criminal procedure – section 231 CPA – accused’s right to be asked to call witnesses and consequences of his response. Exhibits – seizure certificates and handing-over documents, and custody of live exhibits. Sentencing – maximum sentence reserved for worst cases; reduction to statutory minimum for first offender.
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30 November 2021 |
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30 November 2021 |
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Minor charge discrepancies and procedural complaints did not vitiate a properly proved armed robbery conviction.
Criminal law – Armed robbery – charge‑sheet particulars – minor discrepancies do not necessarily render charge defective under section 135 Criminal Procedure Act. Evidence – visual identification – reliability assessed by lighting, observation duration and subsequent capture of accused. Evidence – caution statements – admissibility after inquiry finding voluntariness. Evidence – chain of custody and forensic examination – admissibility of firearms, cartridges and ammunition. Procedure – failure to read charge at defence stage – whether miscarriage of justice.
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30 November 2021 |
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The applicant’s land claim was dismissed as time‑barred; respondents declared owners by adverse possession under the 12‑year limitation.
Land law – Limitation and adverse possession – Suit to recover land barred after 12 years under Law of Limitation Act (Cap.89) – Long undisturbed possession confers title by adverse possession. Civil procedure – Appellate remedy – Ordering de novo hearing improper where letters of administration were on record. Probate/representation – Possession/ownership questions unaffected by administratrix status where claim is time‑barred.
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30 November 2021 |
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30 November 2021 |
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Leave to appeal refused where grounds were factual, concurrent findings or afterthoughts, not novel points of law.
Appellate procedure – leave to appeal – discretion and criteria for granting leave; concurrent findings of fact by lower courts; second appellate court’s remit limited to points of law; inadmissibility of grounds not raised in first appellate court (afterthought).
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30 November 2021 |
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Court received late-filed list of documents where pleadings had identified them and no prejudice was shown.
Civil Procedure – Order XIII Rules 1–3 – Production and reception of documentary evidence – Good cause required for late production – Reception distinct from admission; documents referenced in pleadings may justify late reception.
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30 November 2021 |
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Accused acquitted where identification was unreliable due to unexplained delays and absence of key witnesses.
Criminal law – visual identification at night – requirement to exclude mistaken identity (Waziri Aniani threshold); delays in arrest/arraignment and late recording of witness statements undermining credibility; adverse inference for failure to call key witnesses; medical evidence insufficient to substitute reliable identification.
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30 November 2021 |
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30 November 2021 |
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30 November 2021 |