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Citation
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Judgment date
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| November 2024 |
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Failure to join the Commissioner for Lands in a suit over surveyed/registered land ousts tribunal jurisdiction, nullifying its proceedings.
Land dispute; surveyed/registered plot; non-joinder of Commissioner for Lands/Registrar of Titles; jurisdictional defect; Government Proceedings Act; Nestory Msoffe precedent; nullification of tribunal proceedings.
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12 November 2024 |
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12 November 2024 |
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Plaintiff’s crops seized lawfully for illegal cultivation in forest reserve; suit dismissed with costs.
Forest reserves – encroachment and cultivation prohibited; seizure of crops lawfully made under Forest Act s.26; evidentiary contradictions undermine claim to ownership and damages; CHRGG report and maps as admissible evidence of reserve boundaries.
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12 November 2024 |
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Appellant failed to prove ownership; appellate court upheld tribunal's finding that respondent lawfully occupies the land under 2017 boundaries.
Land law – ownership and occupation disputes; evaluation of conflicting oral evidence; standard of proof in civil land claims; appellate re-evaluation of credibility; giving benefit of doubt where evidence is evenly balanced.
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11 November 2024 |
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11 November 2024 |
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The applicants' compensation claim for acquired land was dismissed as time-barred; court found no jurisdiction.
Limitation of actions – Compensation for compulsory acquisition – Accrual of cause of action upon completion of valuation; binding effect of Court of Appeal precedent; jurisdictional bar where suit is time-barred; preliminary objection on statutory notice and plaint sufficiency not decided once time bar established.
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8 November 2024 |
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Failure to prove administratrix authority and ownership defeats a land claim; assessors’ opinions were properly considered.
Land law – locus standi and administration of estates – requirement to obtain letters of administration before suing on a deceased’s estate; Evidence – burden of proof in civil claims – claimant must prove ownership on balance of probabilities; Adverse possession – cannot be asserted where claimant relies on customary inheritance; Procedural law – assessors’ opinions must be written, read and considered (Reg.19(2) GN No.174/2003; s.24 Land Courts Act); Pleadings – parties are bound by their pleadings and cannot change cause of action on appeal.
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6 November 2024 |
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Court affirmed conviction for unlawful possession of government trophies despite exhibit destruction and absent independent witnesses.
Criminal law – unlawful possession of government trophies – proof of possession and identification of wildlife parts; chain of custody and admissibility of destroyed exhibits. Evidence – absence of independent witnesses at arrest/search; evaluation of minor inconsistencies in witness statements. Procedural – failure to call additional witnesses or disclose vehicle/phone details not necessarily fatal where prosecution case otherwise proved.
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5 November 2024 |
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An unequivocal guilty plea after proper procedure supports conviction despite omission of the specific time in the charge.
Criminal procedure – plea of guilty – requirements for valid plea (reading charge, explaining ingredients, prosecutor’s facts, accused’s admission); Charge sufficiency – omission of time not fatal under s.132 CPA; Evidence – tendering PF-3 or proving age not mandatory where facts not disputed; Appealability – guilty plea generally bars appeal absent facial illegality.
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5 November 2024 |
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Appellate court set aside unpleaded finding of customary distribution and restored disputed land to the estate administrator.
Civil procedure – relief must be pleaded – court cannot grant unpleaded relief; Evidence – customary distribution not established where witnesses admit no administration and letters of administration were later issued; Probate/estate administration – appointment of administrator and ongoing dispute negate applicability of presumed customary distribution; Appellate review – High Court re-evaluates evidence and draws its own conclusions on appeal.
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1 November 2024 |
| October 2024 |
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Omission of the subject-matter value in a plaint deprives the High Court of pecuniary jurisdiction; plaint returned to the District Tribunal.
Civil procedure — Order VII r.1(ii), CPC — Requirement to state value of subject matter — Pecuniary jurisdiction determined by specific claim — Where court lacks pecuniary jurisdiction plaint must be returned under Order VII r.10 — Jurisdiction of District Land and Housing Tribunal over disputes involving registered land.
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31 October 2024 |
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Applicant proved ownership by oral sale; appeal allowed, respondent declared trespasser and permanent injunction granted.
Land law – proof of ownership by oral sale contract – oral evidence and witness testimony may suffice; credibility assessment – contradictions not necessarily fatal; first appellate court may re-evaluate evidence and make independent finding; trespass and permanent injunction.
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30 October 2024 |
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Appellant's rape conviction upheld: evidence and medical proof sufficient; s210(3) non-compliance curable absent miscarriage of justice.
Criminal law – Rape – proof beyond reasonable doubt – victim’s evidence corroborated by eyewitness and medical PF3. Evidence – Caution statement – investigator may record and testify; statement admissible where not objected. Criminal Procedure – Section 210(3) non-compliance curable under section 388 absent miscarriage of justice or challenge to record authenticity. Appeals – fresh defences raised on appeal as afterthoughts not entertained.
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30 October 2024 |
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A claim to recover a deceased’s land was dismissed as time‑barred since the cause of action accrued at the date of death.
Limitation of actions – Recovery of land of a deceased person – Section 9(1) Law of Limitation Act – cause of action accrues on date of death – 12‑year limitation. Locus standi raised but not determined. Reliance on Yusuf Same v Hadija Yusuf and Gumba Adam Kasomo authorities.
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30 October 2024 |
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A land tribunal lacked jurisdiction to decide probate/administration issues; its judgment and decree were quashed.
Jurisdiction – Whether a land tribunal may entertain probate and administration disputes – tribunal lacked jurisdiction where matter concerned appointment, conduct and powers of an administrator. Pleadings – parties and courts are bound by pleadings; tribunals cannot decide issues not pleaded or change the cause of action. Probate v. Land law – determination of estate administration and beneficiary rights belongs to probate/administration proceedings, not a land tribunal. Remedy – proceedings, judgment and decree of a tribunal without jurisdiction are quashed and set aside.
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29 October 2024 |
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Stay of execution granted pending appeal after court found delay reasonable, irreparable loss likely, and security adequate.
Land law — Stay of execution pending appeal — Order XXXIX Rule 5(1) & (3) — Irreparable loss from eviction/demolition — Security by title/letter of offer — Court refrains from deciding substantive appellate issues on interlocutory application.
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28 October 2024 |
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Appeal allowed where tribunal improperly relied on an inadmissible deed of gift; land declared part of the deceased's estate.
Land law – ownership dispute – deed of gift (Land Form No. 35) – inadmissible document must not be relied upon. Evidence – documents not admitted as exhibits have no evidential value; burden to prove ownership rests on the person alleging it (Evidence Act ss.110–111). Probate/estate administration – property forming part of deceased’s estate versus gifted property. Civil procedure – appellate review where tribunal relies on inadmissible evidence.
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28 October 2024 |
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High Court certified nine legal points concerning its appellate/revisional powers, procedural fairness, and delay for Court of Appeal review.
Land law – Certification of points of law for appeals originating from ward tribunals; scope of High Court’s appellate and revisional jurisdiction; applicability of section 76(1) CPC and section 95 CPC; procedural fairness to affected non-parties; effect of delay and alleged illegality; consistency with prior decisions.
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28 October 2024 |
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Conviction for rape and sodomy of a nine-year-old upheld; medical and witness evidence proved elements despite arraignment delay.
Criminal law – Rape and unnatural offence – Elements: age of complainant, penetration, identity of accused – Child testimony and parental evidence as proof of age and penetration; medical evidence (PF-3) corroboration. Criminal procedure – Detention and arraignment – Breach of section 32(1) (arraignment within 24 hours) – Effect of delay on validity of proceedings. Evidence – Weight of child witness testimony and medical evidence; adequacy of trial court’s evaluation of defence evidence.
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25 October 2024 |
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Trial tribunal erred by awarding ownership without a counterclaim; land rent receipts do not prove title.
Civil procedure – pleadings – reliefs not pleaded (counterclaim) cannot be granted; parties and court bound by pleadings. Evidence – documentary proof – land rent receipts/payments not conclusive proof of ownership or title. Evidence – failure to produce primary documents or call material witnesses permits adverse inference. Appeals – additional evidence on appeal requires good reasons; appellate court may refuse it. Land law – possession and payment of rent insufficient absent documentary title evidence.
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25 October 2024 |
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Reliance on an unadmitted sale agreement caused failure of justice; appellant declared lawful owner of disputed land.
Land law – evidence – annextures not tendered or admitted carry no evidential weight; reliance on such documents causes failure of justice – Courts (Land Disputes Settlements) Act s.45 – proof of ownership by inheritance and corroborative support by other respondent.
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25 October 2024 |
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Failure to join the Attorney General when suing a local government renders the tribunal's proceedings void for want of jurisdiction.
Government Proceedings Act – joinder of Attorney General required where a local government (now defined as "government") is sued – suit to be instituted in the High Court. Jurisdiction – District Land and Housing Tribunal lacks jurisdiction where statutory requirements (joinder of AG and proper forum) are not observed; proceedings are void. Procedural compliance – non‑joinder of Attorney General and wrong forum renders judgment a nullity.
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24 October 2024 |
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Whether res judicata applied; court upheld respondent’s purchase title and dismissed the appellant’s appeal.
Land law – res judicata – Section 9, Civil Procedure Code – requirement of same parties, same subject matter and final decision; evidence – failure to cross-examine implies acceptance; survey discrepancies – must be challenged at trial; witnesses – no prescribed number; proof of title by purchase vs familial grant.
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23 October 2024 |
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Appellant failed to prove land ownership; ex parte hearing does not absolve the burden to produce documentary proof.
Land law – proof of ownership – necessity of documentary evidence (e.g., village council minutes) and corroborating witnesses. Civil procedure – parties bound by pleadings; evidence inconsistent with pleadings to be ignored. Burden of proof – plaintiff must prove case even in ex parte proceedings. Administrative law – challenge to village land council award requires proper procedural route; fresh suit is not an appeal. Credibility – material contradictions may justify dismissal of claim.
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23 October 2024 |
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A conditional stay pending an extension‑of‑time appeal was granted where applicant showed risk of irreparable loss and offered security.
Stay of execution – pending application for extension of time to appeal – requirement to show irreparable loss – uncontroverted affidavit evidence – conditional stay on provision of bank guarantee – court to avoid deciding substantive issues reserved for appeal.
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23 October 2024 |
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Application for certification to appeal dismissed for incompetent affidavit and absence of arguable points of law, costs to respondent.
Civil procedure – application for certificate of point of law under Court of Appeal Rules 45(a) and 46(1) Evidence – competence of affidavits – prohibition of arguments and conclusions (Order XIX Rule 3(1)) Probate – appointment of administrator – factual disputes versus points of law Procedure – striking out incompetent applications where affidavit is pervasively defective Appellate practice – High Court's duty of critical scrutiny before certifying points of law
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22 October 2024 |
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Conviction quashed where exhibits, chain of custody, statements and charge sheet were irregular, undermining proof beyond reasonable doubt.
Criminal law – admissibility and identification of exhibits; chain of custody; cautioned statement timing and reading in court; extra-judicial statements compliance with Chief Justice’s directions; defective/cancelled charge sheet and prosecutor’s consent; jurisdiction under Economic and Organised Crimes Control Act.
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22 October 2024 |
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Applicant failed to justify delay or produce affidavits of material witnesses; extension of time to appeal was dismissed.
Civil procedure — Extension of time to appeal — Applicant must account for each day of delay and produce affidavits of material persons. Discretionary relief — Power to enlarge time is wide but judicially exercised; failure to justify delay warrants refusal.
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21 October 2024 |
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Respondent failed to prove ownership; tribunal decree quashed; parties bound by pleadings and burden of proof rules.
Land law – ownership disputes – burden of proof lies on the plaintiff to prove ownership on balance of probabilities. Civil procedure – joinder – non-joinder not fatal where pleadings and evidence do not show necessity to join third parties; preliminary objections requiring factual findings determined after evidence. Evidence – parties bound by pleadings; documentary evidence must be tendered and proved; oral evidence cannot substitute for required documents. Civil procedure – reliefs and counterclaims – defendant cannot obtain plaintiff-type relief without proper pleading or counterclaim.
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21 October 2024 |
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18 October 2024 |
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Applicant lacked the required interest in the estate; family meeting minutes are desirable but not mandatory for appointment.
Probate — Appointment of administrator — Requirement of being “interested in the estate” — Meaning includes heirs, spouse, devisee or creditor; family/clan meeting minutes helpful but not mandatory — Primary court may appoint a qualified person even without family minutes — Evidence that applicant was only a friend/special protector insufficient to qualify.
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18 October 2024 |
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Failure to attach the decree to the memorandum of appeal renders the appeal incompetent and liable to be struck out.
Civil Procedure — Order XXXIX Rule 1 CPC — mandatory requirement to attach a copy of the decree to the memorandum of appeal — failure renders appeal incompetent; Overriding objective, s.95 and s.3A CPC — cannot cure defects going to competency; Duty on appellant to procure and attach decree within prescribed time; Incompetent appeal ousts jurisdiction — appeal struck out with costs.
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17 October 2024 |
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15 October 2024 |
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9 October 2024 |
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9 October 2024 |
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Inventory/disposal non‑compliance and lack of evidence on meat identity vitiated the cattle theft conviction.
Criminal law – cattle theft – particularisation of stolen animal; Criminal procedure – disposal of perishable exhibits – PGO 229 and Buluka Leken Ole requirements (presence of accused, right to be heard, recording comments) – admissibility of inventory; Evidence – recent possession and identity of stolen property – sufficiency and chain of custody; Expert evidence – foundation and admissibility of veterinary/livestock reports.
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8 October 2024 |
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Victim and medical evidence sufficed to convict for statutory rape despite minor inconsistencies and absent DNA; appeal dismissed.
Criminal law – rape and statutory rape; sufficiency of victim and medical evidence without DNA; proof of age without birth certificate; admissibility and reading of documentary exhibits; alibi notice requirement; sentencing in absentia procedure (Criminal Procedure Act s.226).
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4 October 2024 |
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4 October 2024 |
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Statutory rape conviction quashed for inadequate proof of the perpetrator’s identity despite age and penetration established.
Criminal law – Statutory rape – Proof of age (conflicting PF-3 and witness evidence) – Penetration (medical evidence supports) – Identification of accused – Victim’s solitary testimony – Standard of proof beyond reasonable doubt – Conviction unsafe where identity and arrest/identification not satisfactorily established.
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1 October 2024 |
| September 2024 |
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30 September 2024 |
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27 September 2024 |
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Court declares the plaintiff lawful owner of disputed Bitale land, denying defendants' rights and awarding costs.
Land law — ownership of unsurveyed village land — historical allocation to missionaries for religious/social services. Evidence — documentary proof of village meeting resolution (exhibit P1) received by district authorities — sufficiency to establish title. Nationalization and subsequent village occupation — effect of later village resolution restoring land to original owner. Relief — declaratory judgment of ownership; denial of defendants' rights; costs to follow event.
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27 September 2024 |
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Conviction quashed after child-witness evidence was expunged and 30-year sentence found unlawful for an offender of eighteen years or less.
Criminal law – Rape; Evidence – Child witnesses: requirement under s.127(2) Evidence Act to record the child's own promise to tell the truth; Identification evidence – contradictions and reliability; Sentencing – s.131(2) Penal Code: limits on punishment for offenders aged eighteen years or less; Conviction quashed for insufficient evidence.
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25 September 2024 |
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Appellant failed to prove adverse possession or ownership; tribunal properly departed from assessors after giving reasons.
Land law – boundary and ownership disputes – adverse possession – requirement for proof of continuous and exclusive occupation; tribunal practice – assessors' opinions: chairman not bound but must state reasons for departure; evidentiary sufficiency – corroboration and specificity of neighbour evidence.
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24 September 2024 |
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Court convicted three accused of murder on reliable extra‑judicial confessions, corroboration and common intention, sentencing them to death.
Criminal law – Murder – Elements: malice aforethought established by weapon used, injury location, motive and post-offence conduct. Evidence – Extra-judicial/confession statements: admissions before a Justice of the Peace and cautioned statements admissible and may ground conviction if reliable. Evidence – Co‑accused confessions and corroboration: co-accused statements may lend assurance when supported by corroborating acts or exhibits. Common intention – Principal liable for acts in furtherance of a plotted unlawful purpose even if not present at scene. Procedure – Seizure formalities: minor defects in seizure certificate not fatal if no prejudice and exhibit linked to accused.
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23 September 2024 |
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20 September 2024 |
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20 September 2024 |
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Conviction for attempted rape quashed where prosecution failed to prove guilt beyond reasonable doubt amid contradictory evidence.
Criminal law – Attempted rape – proof beyond reasonable doubt – conviction unsafe where victim’s evidence contradictory and uncorroborated. Evidence – credibility and demeanour – trial court must assess and record demeanour when relying on victim’s testimony. Procedure – absence/non‑tendering of police statement and unclear charge particulars may render conviction unsafe.
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20 September 2024 |
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19 September 2024 |
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19 September 2024 |