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Citation
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Judgment date
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| December 1983 |
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Appeal dismissed — husband’s failure to maintain wife and wife’s choice prevent court from ordering her return.
Family law – matrimonial rights – custody/possession of wife – whether respondent unlawfully detained wife; effect of husband’s failure to maintain wife; limits on court ordering a wife to live with husband (s.140 Law of Marriage Act).
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29 December 1983 |
Criminal Practice and Procedure - Sentencing - Youthful offender - First offender - Considerations to take into account |
21 December 1983 |
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5 December 1983 |
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Appeal dismissed: sufficient evidence sustained convictions for stealing by a public servant; defence uncorroborated and sentences proper.
Criminal law – Stealing by a public servant (ss. 270, 265 Penal Code) – Sufficiency of evidence to prove dishonest appropriation of public funds – Defence alleging handover to third parties must be supported by oral or documentary evidence – Failure to corroborate defence – Appeal dismissed.
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5 December 1983 |
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Appellate court affirms conviction for theft by public servant where admission and false burglary report proved sufficient evidence.
Criminal law – Stealing by person in public service (ss. 270, 265 Penal Code) – Sufficiency of evidence – Admission of sale and possession of proceeds; false burglary report undermining credibility – Appeal dismissed.
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5 December 1983 |
| November 1983 |
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An auditor's admission of responsibility and corroborative audit evidence can sustain a theft conviction despite missing bank documents.
* Criminal law – Theft by public servant – proof of ingredients of statutory offence; * Evidence – non-production of primary documents (bank statements, paying-in slips) and whether adverse inference under section 122 Evidence Act should be drawn; * Evidentiary value of audit reports and witness testimony prepared from information supplied by accused; * Admission of responsibility by accused and its weight in establishing guilt.
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21 November 1983 |
Criminal Practice and Procedure - Bail - Surety failing to produce accused in Court - What court to do. |
21 November 1983 |
Administrative Law - Deportation - Whether the President has the power to deport a person from Tanzania Mainland to Zanzibar. Statutory Interpretation - Territory - the President to deport a person from any part of the Territory to any other part of the Territory - Meaning of Territory - Section 3, Interpretation and General Clauses Act, 1972. |
12 November 1983 |
| October 1983 |
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Long, continuous undisturbed occupation (28 years) gives strong equitable protection against a later claim.
Land law – long continuous and undisturbed possession – equitable protection of occupancy – appellate interference with primary court finding – restoration of lower court judgment.
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4 October 1983 |
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Whether the claimant proved entitlement to compensation from the deceased’s estate for alleged contributions to construction of houses.
Estate claims – contribution to construction of property – claimant alleging funds from a business used to build houses – evidentiary burden to prove contribution or constructive ownership – appellate review of primary court awards and setting aside for lack of evidence.
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4 October 1983 |
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Application to set aside ex parte custody judgment dismissed where applicant deliberately refused service and application was time‑barred.
Civil procedure – ex parte judgment – validity where applicant deliberately refuses service; time‑bar for applications to set aside ex parte orders; custody transfer pursuant to valid ex parte decree.
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3 October 1983 |
| September 1983 |
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Appellate courts should not overturn trial credibility findings absent compelling reasons.
* Civil appeal – evaluation of conflicting oral testimony – credibility findings by trial magistrate and assessors entitled to deference. * Appellate review – courts reading the record should not readily overturn trial court credibility determinations. * Disputed land – possession/cultivation evidence insufficient to displace credibility-based ownership finding.
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13 September 1983 |
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Appeal allowed: marriage declared subsisting due to no valid conciliation certificate and petitioner’s own wrongdoing barring divorce.
Family law – Divorce – Breakdown of marriage – Irretrievable breakdown; Family law – Law of Marriage Act s.101 – Requirement of prior referral and Board certificate; Family law – Law of Marriage Act s.107(1)(a) – Petitioner’s own wrongdoing as bar to divorce.
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6 September 1983 |
| August 1983 |
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Application to restore appeal dismissed for unproved illness, poor prospects of success, and undue delay.
Civil procedure — Restoration of appeal dismissed for want of prosecution — Applicant’s uncorroborated illness claim — Proof required to excuse non-appearance — Prospects of success on appeal — Delay and public interest in finality.
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30 August 1983 |
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An appellate court should not overturn a trial court's credibility-based findings formed from witnesses it heard.
• Evidence — credibility of witnesses — trial court which saw and heard witnesses best placed to assess credibility; appellate court should not overturn such findings lightly.
• Property — long possession (since 1936) as supporting evidence of ownership.
• Appeal — reversal of factual findings based on credibility is erroneous where trial tribunal observed witnesses.
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30 August 1983 |
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Requests for a judgment copy by an accused or agent can constitute notice and justify leave to appeal out of time.
Criminal procedure – leave to appeal out of time; notice of appeal – request for copy of judgment by accused or agent as sufficient notice; effect of custody on time computation; section 314 Criminal Procedure Code issues.
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19 August 1983 |
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Reported
Family Law — Separation — Petition for Judicial Separation — Proof of breakdown of marriage necessary.
Family Law — adultery — Proof of adultery — Circumstantial evidence may suffice.
Family Law — Contribution to acquisition of matrimonial property — Supervision of building of matrimonial house should entitle party to property rights. |
8 August 1983 |
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Talaq alone is not decisive; dissolution requires proof the marriage has irretrievably broken down under s110.
Family law – Divorce – Law of Marriage Act 1971 s.110 – Requirement that marriage be broken down beyond repair – Islamic law/talaq not applicable to dissolution proceedings by virtue of Judicature and Application of Laws Ordinance Cap 453 s.9(3A) – Separation alone insufficient to prove irretrievable breakdown.
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6 August 1983 |
| July 1983 |
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Nursing attendance and a hospital discharge sheet do not establish kinship for intestate succession; none of the parties succeeded.
Intestate succession — proof of kinship — attendance/nursing and funeral arrangements insufficient to establish right to inherit; hospital discharge form as hearsay and inadmissible under mandatory evidential rule; appellate review of credibility and assessors' opinions; setting aside lower courts' decisions.
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26 July 1983 |
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Reported
Advocates' Ordinance — advocate — Conduct of litigation — Duty to client and court.
Advocates' Ordinance — Advocate — Fraud — Advocate deceived by client as to the true facts — Advocate secured consent Judgment — Whether conduct constituted professional misconduct — Advocates’ Ordinance, Cap. 341, S.13 (4Xa).
Advocates' Ordinance — Advocate — Professional misconduct — Advocate executed judgment without obtaining an eviction order — Whether conduct
serious enough to warrant removal from the roll of advocates —Advocates' Ordinace, Cap, 341 S.13(4).
Evidence—Burden of proof — Quantum of proof required to. establish, professions misconduct. |
25 July 1983 |
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Reported
Administrative Law — Duty to act judicially — Circumstances requiring it.
Advocates’ Ordinance — Advocate — Professional Misconduct — Money entrusted to an advocate for defending a case — Client withdraws — Advocate fails and/or refuses to refund fees.
Advocates’ Ordinance — Advocate — Professional misconduct — Failure to keep a client’s account.
Advocates’ Ordinance Advocate-Duty to client and court — Evidence — Standard of Proof—Allegation of Professional Misconduct — Quantum of Proof required. |
25 July 1983 |
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Director granted leave to appeal out of time due to prosecuting officer's failure to notify the Director.
Criminal procedure – s.335 Criminal Procedure Code – appeal by Director of Public Prosecutions against subordinate court acquittal; delay caused by prosecuting officer’s failure to notify Director – good cause for extension under s.335(b)(ii).
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11 July 1983 |
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Municipal council wrongfully terminated construction contract; contractor entitled to damages, retention balance and refund of unlawful deductions.
Contract law – extension of time by conduct/letter; wrongful termination for failure to follow contractual termination procedure; substantial performance and damages; retention monies and unlawful deductions; entitlement to refund, damages, costs and interest.
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4 July 1983 |
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Whether the respondent wrongfully terminated a contract where the applicant had substantially performed amid material shortages and price rises.
Contract law – termination – wrongful termination where contractor substantially performed but delayed by supply shortages and price increases; extension of time by conduct/letter; substantial performance entitling contractor to damages; unlawful unilateral deduction and recovery of retention money.
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4 July 1983 |
| June 1983 |
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A court may dissolve an Islamic marriage despite unpaid doury; doury is a debt and cannot bar divorce.
Family law – dissolution of marriage under the Law of Marriage Act 1971; Islamic marriage – talaq not required for judicial divorce; doury (dower) treated as debt and does not prevent divorce; netting maintenance and dower obligations.
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23 June 1983 |
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Proceedings are void if a magistrate concludes trial after all assessors present at commencement are replaced.
Magistrates' Courts Act s.8(1) (as amended by Act No.18/1969) – assessors – substitution of all assessors mid‑trial – trial concluded in absence of all original assessors is null and void – remedy: plaintiff may re‑institute proceedings.
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23 June 1983 |
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Respondent owns the shamba; respondent liable for shs.300/= compensation for destroyed cassava; each party to bear own costs.
Property dispute – ownership of shamba; damage to crops – liability and assessment of compensation; appellate review of Primary Court orders; costs awarded without proof set aside.
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2 June 1983 |
| May 1983 |
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Land Law- Revocation of Right of Occupancy - “Good cause" - Whether notice to show cause necessary. Land Law - Assessment/valuation of development on land - Compensation - Right to be heard about the expenses incurred. |
26 May 1983 |
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Failure to develop land justified valid revocation of short-term Right of Occupancy, but compensation assessment was remitted for rehearing.
Land law – Right of Occupancy – revocation for "good cause" because of failure to develop – no statutory requirement for prior notice to show cause to President – courts may scrutinise grounds for revocation – compensation assessment for improvements must allow occupier to prove expenditure.
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26 May 1983 |
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Appellate court dismissed refund claim, found chicks bought and died of disease, and ordered valuation hearing for surviving chicks.
* Contract/sale of poultry – claim for refund where purchaser alleges non-delivery – burden of proof on claimant to show non-purchase.
* Evidentiary weight of documentary proof – official hatchery receipts and veterinary laboratory report as credible evidence of purchase and disease causation.
* Allegations of forgery – appellate court may dismiss speculative claims absent persuasive evidence.
* Remedies – where part of goods survive, court may order compensation for surviving stock; valuation may be remitted for determination.
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24 May 1983 |
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High Court affirms joint ownership and orders sale and equal division of proceeds; District Court reversal set aside.
Family law — dissolution of marriage under s.107(2)(c) — distribution of matrimonial property — joint acquisition and contributions — credibility of witness denying marriage certificate — sale by auction and equal division of proceeds.
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24 May 1983 |
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Insurer properly joined and liable; driver negligent; plaintiff awarded repair costs and loss of earnings.
Motor vehicle collision – employer’s vehicle driven by authorized driver – driver negligent – insurer’s involvement in claim correspondence makes insurer properly joined – repair costs and loss of profit recoverable – no contributory negligence – award of damages and declaration of insurer’s liability.
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19 May 1983 |
| April 1983 |
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Whether the applicant should get leave to appeal out of time despite an unexplained, inordinate delay.
* Criminal procedure – leave to appeal out of time – discretionary relief requiring good cause – factors: important point of law/public interest and sufficient explanation for delay. * Applicability of s.205 Criminal Procedure Code – whether dismissal was competent where some evidence was adduced. * Responsibility and delay by the Director of Public Prosecutions in filing applications for extension of time.
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27 April 1983 |
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Appeal allowed; acquittals set aside and convictions substituted for careless driving, causing injury, failing to stop and failing to report.
Road Traffic offences – careless driving and causing bodily injury – credibility of tyre-burst defence – admissibility/authenticity of medical chit – failure to stop and failure to report an accident – sentencing in absence under ss.202 and 202A Criminal Procedure Code.
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20 April 1983 |
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15 April 1983 |
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Child-witness reliability and cumulative provocation decided reduction of murder to manslaughter; 25-year sentence imposed.
Criminal law — Evidence of child of tender years — competence and corroboration under s.127(2) Evidence Act; Provocation — cumulative antecedent circumstances may reduce murder to manslaughter; Onus of proof — prosecution must displace reasonable doubt.
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13 April 1983 |
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Appellant who paid previous owner for construction is not a protected tenant against a subsequent purchaser; appeal dismissed.
Property law – transfer to a purchaser – privity of contract; Rent Restriction Act – scope of protected tenant status against subsequent purchasers; obligation to refund amounts paid to prior owner; jurisdiction of resident magistrate; equity and personal use as ground for eviction.
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5 April 1983 |
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The appellant cannot claim refund or protected-tenant status against the respondent purchaser due to absence of privity.
* Civil procedure – correction of earlier erroneous observation about trial magistrate’s status – invocation of section 95 Civil Procedure Code to write judgment.
* Property/tenancy law – privity of contract – purchaser not liable for debts or agreements made between seller and tenant.
* Rent Restriction Act – protected-tenant status requires tenancy with present owner; protection does not bind purchaser absent agreement.
* Equitable considerations – purchaser’s legitimate personal need for dwelling considered in ordering possession.
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5 April 1983 |
| March 1983 |
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Appeal allowed: eviction set aside where monthly tenancy lacked termination notice, no reasonable alternative accommodation, and no proven arrears.
* Landlord and tenant law – Rent Restriction Act s.19 – prerequisites for possession: availability of reasonable alternative accommodation, reasonableness of making order, absence of greater hardship to landlord. * Termination of contractual tenancy – required notice for monthly tenancies before invoking statutory remedies. * Rent arrears – tenant’s readiness to pay and landlord’s refusal to accept payment as defence to eviction. * Procedural requirement – approval by Registrar of Buildings for alternative accommodation exchange.
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31 March 1983 |
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Respondent lacked locus standi; eviction invalid as Rent Restriction Act prerequisites were not satisfied.
Property law – Buildings Acquisition Act 1971 – vesting of ownership in Registrar and subsequent transfer; locus standi – possession of title deeds and power of attorney do not confer ownership after statutory transfer; Rent Restriction Act (s.19) – requisites for eviction of commercial premises: reasonable alternative accommodation, reasonableness of order, and greater hardship to landlord.
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29 March 1983 |
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Primary Court’s oral findings and admissions upheld; no statutory requirement for written customary land sale contract; appeal allowed.
Civil appeal — sale of land and contract for construction under customary law — evidentiary value of oral admissions and community elders’ findings — no general requirement for written sale contract in Primary Court proceedings.
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29 March 1983 |
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Recent possession and identification of stolen property upheld; bhang possession proved by chemist; appeal dismissed.
Criminal law – Burglary and theft – identification of stolen property; recent possession doctrine; possession of property suspected to be stolen (s.312 Penal Code); proof and chemical analysis of bhang; concurrent sentencing.
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16 March 1983 |
| February 1983 |
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Convictions for stealing by clerks, conspiracy and false accounting upheld; first appellant’s four-year theft sentence reduced to three years.
Criminal law – Stealing by clerks – Documentary evidence of overcharging and under-reporting supports conviction; False accounting – omission from cash-book indicates intent to defraud; Sentencing – parity principle requires comparable sentences for equally culpable co-accused.
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21 February 1983 |
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An administrator cannot unilaterally buy a deceased partner's share; death dissolves partnership absent a fresh agreement.
Probate and administration – administrator’s fiduciary duties – partner’s death dissolves partnership under s.213(1) Law of Contract Ordinance – continuation requires fresh agreement with heirs – absent agreement partnership property to be sold and proceeds divided; administrator cannot unilaterally buy out deceased’s share.
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4 February 1983 |
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Reported
Land law — Adverse possession — Owner aware of trespasser’s presence —Whether adverse possession established in equity. |
1 February 1983 |
| January 1983 |
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Respondent's status as lawful wife and heir upheld; oral declaration by deceased found a valid will.
Inheritance law — Oral wills under Schedule III, section 7 of the Law of Inheritance, Local Customary Law (Declaration) Order (GN No. 436/1963) — Validity and capacity — Marital rights as superior claim to estate.
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27 January 1983 |
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Whether a purported written will, improperly attested, validly bequeathed a house to the appellant.
Wills – testamentary document – validity and attestation – burden of proof to show bequest – appellate review of lower courts' findings on document authenticity.
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27 January 1983 |
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Reported
Contract — Domestic arrangement — Promise to buy a gift — Intention to create legal relations — Promise revoked by subsequent conduct —Whether promisor bound by earlier- promise. |
20 January 1983 |
Criminal Law - Criminal trespass - Building a house on a plot not belonging to the builder by mistake - Whether can amount to criminal trespass. |
17 January 1983 |
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High Court directed Probate and Administration Ordinance apply and ordered revocation of an administrator's grant for failure to protect widow and children.
Probate and Administration — High Court power to order application of Probate and Administration Ordinance to an estate previously probated by a Primary Court; revocation of administrator's grant for failure to pay beneficiaries and for unsatisfactory administration; protection of widow and children; s.88(1)(b), s.89(1)&(2), Probate Rules (Rule 14).
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3 January 1983 |