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Citation
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Judgment date
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| December 1999 |
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Omission of assessors’ signatures on a primary court judgment is a fatal irregularity, voiding proceedings and requiring retrial.
* Primary Courts – Judgment formalities – assessors must be consulted and all members must sign the decision (Magistrates’ Courts (Primary Courts) (Judgment of Court) Rules, 1984 r.3); omission is a fatal irregularity rendering proceedings void ab initio. * Remedy – quash judgment and orders; retrial before a different magistrate. * Costs – none ordered where neither party caused irregularity.
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22 December 1999 |
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A late photocopy of an alleged will lacking the deceased's thumbprint was held not genuine; review dismissed and estate distributed under intestacy.
Inheritance — Alleged will produced as photocopy — Absence of right thumbprint and inconsistent signature held to indicate forgery — Photocopy not sufficient to displace intestacy; court may admit late review in discretion to consider deceased's intentions; administrators appointed, minors' shares held in trust, creditors to be paid.
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22 December 1999 |
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Court admitted late review, rejected photocopied will as inauthentic, appointed administrators and ordered court‑guided distribution of estate.
Wills and succession – authentication of a purported will – photocopy versus thumb‑printed original; review – discretion to admit out‑of‑time review to determine validity of alleged last will; estate administration – appointment of joint administrators and court‑ordered distribution; protection of minors’ shares; settlement of estate debts prior to distribution.
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22 December 1999 |
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Res judicata barred the term loan claim; unpaid overdrafts proved, and excessive retention of seized tractor gave defendant compensatory judgment.
Banking law — loan and overdraft facilities — res judicata as to foreclosed term loan; proof required for claims and bank records; lawful seizure of security but excessive detention may breach lien and give rise to damages; set-off between competing judgments; assessment of damages for detained collateral.
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20 December 1999 |
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Applicant's defamation claim failed: tribunal publication and a vague plaint disclosed no cause of action.
* Pleadings — sufficiency — statement of claim must disclose a cause of action; vagueness justifies rejection.
* Defamation — publication in judicial proceedings — statements made to or in tribunals are not actionable as defamation.
* Remedies — wrongful tribunal proceedings may attract malicious prosecution but not necessarily defamation.
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17 December 1999 |
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Applicant’s defamation claim based on a tribunal complaint disclosed no cause of action; statements in judicial proceedings are privileged.
* Civil procedure – pleadings – plaint must disclose a cause of action; vague or incoherent statements liable to rejection. * Defamation – statements made in judicial or quasi‑judicial proceedings are privileged; not actionable as defamation. * Remedy – where complaint to tribunal gives rise to wrong legal claim, malicious prosecution (if properly pleaded) may be the appropriate cause of action.
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17 December 1999 |
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Conviction for robbery quashed due to unreliable nighttime identification and unproven ownership of alleged exhibit.
Criminal law – Identification evidence – Nighttime, brief and chaotic encounter: requirements for reliable identification; Insufficient proof of ownership of exhibit (cap) as corroboration; Failure to prove identity frustrates conviction for robbery with violence.
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17 December 1999 |
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Militiaman’s lawful authority to execute a summons defeats applicant’s claims for malicious prosecution, defamation, assault and loss.
Civil liability – malicious prosecution – ingredients: prosecution by defendant, favourable termination, absence of reasonable/probable cause, malice – absence of (c) and (d) fatal to claim; Arrests – militiaman’s power to execute court-issued summons/warrant; Evidence – need for medical proof to substantiate assault claims; Recovery of property – alleged seizure must be corroborated and reported.
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10 December 1999 |
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10 December 1999 |
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The respondent was entitled to reimbursement for her child’s medical expenses despite lacking prior written permission.
Employment law – employer-funded medical treatment – entitlement of employee and family – Personnel Service Manual – requirement for prior permission and sick sheet – referral by hospital – retrenchment effective date – proof of quantum by receipts.
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10 December 1999 |
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Court allowed contested instruction fees in a costs bill, finding them reasonable given the high value of property and taxed at Tshs.5,032,600.
Costs — Taxation of bill of costs — Instruction fees — Reasonableness of percentage-based fees relative to property value — Liquidator’s entitlement to engage private counsel — Proof of receipt not fatal to claim.
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10 December 1999 |
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Decree holder’s instruction fees upheld as reasonable; bill of costs taxed at Tshs.5,032,600.
Taxation of costs – instruction fees – reasonableness assessed by reference to value of property – liquidator’s retention of private counsel – absence of co‑operative consent and receipt not fatal to taxing costs.
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10 December 1999 |
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Appellate court reinstated trial finding that respondent's cattle destroyed the crop, despite a witness's retraction, due to corroborative evidence.
Civil liability for damage by animals — sufficiency of corroborative evidence despite witness retraction — weight of confession and agricultural officer's report — appellate interference with trial findings.
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10 December 1999 |
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Court reinstated Primary Court finding that respondent liable for cassava damage by his cattle, despite witness retraction.
Civil liability for damage caused by animals – evaluation of evidence where a witness retracts previous statements – corroboration by confession and agricultural officer’s report – appellate review of conflicting factual findings.
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10 December 1999 |
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Certiorari was premature; the proper remedy is revision under section 44, so the application was struck out with costs.
Certiorari – prematurity of remedy – challenges to District Court judicial functions must ordinarily be pursued by revision under section 44 of the Magistrates' Courts Act; application struck out with costs and leave to file revision.
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10 December 1999 |
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Certiorari deemed premature; court struck it out and permitted filing of a revision under section 14 with costs.
Judicial review — Certiorari — Prematurity of certiorari where impugned act involves judicial function — Revision under section 14 Magistrates' Courts Act as proper remedy — Right to be heard in revision — Procedural orders on costs and commencement of time for filing revision.
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10 December 1999 |
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Respondent failed to prove ownership of cattle; appeal allowed and suit dismissed.
Civil procedure – ownership dispute over cattle – burden of proof on balance of probabilities; credibility assessment; inconsistent findings by lower courts; simultaneous setting aside of concurrent decisions.
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10 December 1999 |
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Appeal allowed: respondent failed to prove ownership of the cattle; suit dismissed and costs awarded to the appellant.
Evidence — ownership and succession: whether claimant proved property and indebtedness on balance of probabilities; Credibility — appellate scrutiny of concurrent findings and internal consistency; Succession — liability of heir depends on proved ownership of deceased’s assets.
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10 December 1999 |
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Whether respondent proved ownership of cattle claimed from the appellant; appeal dismissed for lack of proof.
Civil procedure — ownership of chattels — succession/heir disputes — credibility of witness — balance of probabilities — appellate interference with concurrent findings where contradictions exist.
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10 December 1999 |
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Whether the respondent employees’ terminal benefits are payable by the appellant who was not party to their employment contracts.
Employment law – identity of employer – terminal benefits – whether new administration taking over without proper handover is liable for employment contracts entered into by prior owner; effect of unregistered institution and improper transfer on enforceability of employment contracts.
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8 December 1999 |
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Res judicata inapplicable where prior proceedings differ; respondent, an invitee, failed to acquire ownership by adverse possession.
* Civil procedure – res judicata – prior proceedings involving different parties or subject matter do not bar subsequent civil claims between different parties. * Property law – temporary licence/invitee – permission to maintain a cattle pen does not transfer ownership. * Property law – adverse possession – requirement of uninterrupted possession for statutory period and absence of owner’s protest. * Remedies – unlawful occupant not entitled to compensation for structures erected without title; court may order removal or demolition.
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8 December 1999 |
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Res judicata inapplicable where prior cases involved different parties and issues; respondent failed to acquire ownership by adverse possession.
Land law – res judicata – prior ward tribunal and related cases on cattle pen/water fouling do not bar fresh suit on plot ownership; adverse possession – temporary permission/invitational use not sufficient; remedies – removal of structures and no compensation where occupant acted despite warnings.
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8 December 1999 |
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Conviction quashed where prosecution evidence was uncorroborated and likely culprits were neither called nor charged.
* Criminal law – Theft by public servant – whether prosecution proved offence beyond reasonable doubt – credibility and corroboration of interested witnesses required.
* Criminal procedure – Failure to call or charge persons likely present at the alleged theft – impact on safety of conviction.
* Appeal – Unsafe conviction – quashing of conviction and setting aside sentence and compensation order.
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6 December 1999 |
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Conviction for theft quashed for being based on uncorroborated and unreliable prosecution evidence; appellant discharged.
* Criminal law – Theft by public servant – Insufficiency of evidence and requirement for independent corroboration where witnesses are interested parties. * Evidentiary law – Non‑production/non‑charging of persons allegedly in possession of stolen funds undermines prosecution case and credibility.
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6 December 1999 |
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Appeal allowed: conviction quashed for lack of corroborated evidence; sentence and restitution order set aside; appellant discharged.
* Criminal law – Theft by public servant – Whether prosecution proved guilt beyond reasonable doubt – Insufficiency of evidence.
* Evidence – Interested witnesses – Requirement for independent corroboration where witnesses have an interest.
* Criminal procedure – Acquittal of co-accused and non-prosecution of more likely suspects – impact on reliability of prosecution case.
* Appeal – Conviction quashed and sentence set aside for lack of adequate proof.
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6 December 1999 |
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Conviction based on an 11-year-old's uncorroborated evidence given without required voir dire or in‑camera hearing was unsafe.
* Criminal law – Sexual offences – Conviction founded on uncorroborated evidence of an 11-year-old child witness.
* Evidence – Children as witnesses – Requirement for in-camera proceedings under Children and Young Persons Ordinance (amendment).
* Evidence – Voir dire before swearing child of tender years – mandatory under s.127(2) Evidence Act; omission renders evidence unsworn and in need of corroboration.
* Criminal procedure – Retrial – principles for ordering retrial; retrial refused where it would permit prosecution to fill evidential gaps and be unjust to accused.
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3 December 1999 |
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District court proceedings without High Court leave under s63(1) are null; judgment quashed and recommencement requires leave.
Magistrates' Courts Act 1984 s63(1) – jurisdiction – requirement of High Court leave for proceedings outside primary court jurisdiction – failure to obtain leave renders proceedings a nullity – quashing of district court judgment – recommencement only with High Court leave and subject to limitation.
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3 December 1999 |
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Omission of assessors' signatures on a primary court judgment is not automatically fatal; remittal for substantive hearing is the appropriate remedy.
Criminal procedure — Primary court judgment — omission of assessors' signatures — sub‑rule (2) Rule 3 G.N. No.2/1988 — irregularity vs. nullity; remedy: remittal for merits.
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3 December 1999 |
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3 December 1999 |
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Whether missing assessors' signatures invalidate a primary court judgment — court found signatures present and remitted appeal.
Criminal procedure – Primary court judgments – Requirement that unanimous decision be signed by magistrate and assessors – Rule 3(2), G.N. No. 2/1988 – Appellate court wrongly nullifying a judgment based on erroneous finding about signatures – Remittal for hearing on merits.
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3 December 1999 |
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Appellant’s long, clan‑sanctioned possession of clan land upheld; respondent’s claim time‑barred and district court’s reversal quashed.
Customary land – clan land ownership v. individual occupation – effective occupation and clan sanction – limitation under Customary Law (Limitation of Proceedings) Rules 1963 (item 6) – appellate review of factual findings.
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3 December 1999 |
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Court reduced an excessive, unproven award for lost paddy and costs to a modest, evidence-based sum, each party bearing own costs.
Civil procedure – assessment of damages – court may reduce awards unsupported by evidence; quantum of loss must be grounded in credible proof of yield, prices and expenses; reasonable costs for advocate and travel must be evidenced.
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2 December 1999 |
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Appeal partly allowed: damages for alleged lost paddy and costs significantly reduced for lack of credible evidence.
Evidence — proof and quantification of damages for lost paddy production; assessment of advocate and travel fees — necessity of documentary support; appellate reduction of unsupported damage awards.
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2 December 1999 |
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An acquittal on technical grounds does not automatically establish malicious prosecution or entitlement to damages.
Criminal law – Malicious prosecution and false imprisonment – Acquittal on procedural or technical grounds does not automatically give rise to civil liability for malicious prosecution; proof of malice and falsity required; complainant’s reasonable basis for prosecution protects against damages claims.
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1 December 1999 |
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Conviction for theft quashed where no inventory, insufficient proof of goods and reliance on hearsay from an absent witness.
Criminal law – Theft – Sufficiency of evidence – Need for proof of existence and taking of alleged stolen goods – Hearsay evidence and absent witnesses cannot sustain conviction.
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1 December 1999 |
| November 1999 |
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Appellate court quashed lower judgments finding Primary Court proceedings fraudulent, irregular and the claim vexatious.
Civil procedure — abuse of process; forgery and fraudulent documents in court proceedings; validity of representation and power of attorney; hearsay evidence; quashing primary court judgment and execution; vexatious litigation.
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30 November 1999 |
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Appellate court quashes execution based on dubious authorising document and finds enforcement improper where earlier decree was likely satisfied by compromise.
Civil procedure – execution of decree – genuineness of authorising documents for collection of taxed costs – effect of prior compromise and satisfaction of decree – appellate review where lower court failed to address material irregularities.
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30 November 1999 |
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Leave to appeal dismissed as time‑barred and for failure to serve notice; Limitation Act s.16(2) inapplicable.
Appeal — leave to appeal to Court of Appeal — Rule 43(a) Court of Appeal Rules 1979 — time bar; requirement to serve notice of intention to appeal; Limitation Act s.16(2) inapplicable where rule does not require attachment of judgment; necessity to apply for extension of time before filing late leave application.
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30 November 1999 |
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Civil courts should not adjudicate internal church governance disputes; consensual UMPT/UKPT reconciliation recorded in court is binding and enforceable.
Church governance — judicial non‑interference in internal religious affairs; constitutional protection for free exercise and internal management of religion (Article 19(2)). Consent reconciliation by church umbrella body recorded in court — binding and enforceable; court may direct implementation and assistance. Distinction between internal church matters (non‑justiciable) and civil/tort claims (justiciable).
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29 November 1999 |
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Court will not adjudicate internal church management disputes; consensual church reconciliation is enforceable by court.
Church and religion law — internal management and leadership disputes — non-justiciability of religious activities under Constitution article 19(2) — court-enforceable consensual reconciliation — referral to church umpire (UMPT) — limits of judicial interference.
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29 November 1999 |
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Court upheld judicial restraint in church governance disputes and enforced a consensual UMPT reconciliation; appeal dismissed.
Constitutional and civil procedure – Judicial restraint in religious disputes – Article 19(2) Constitution excludes routine management of religious organs from judicial interference; consensual reconciliations by church umpire (UMPT) may be recorded and enforced by court; internal church governance matters are non-justiciable absent constitutional or statutory issues.
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29 November 1999 |
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Appeal affirmed conviction for assault and convicted respondents for common assault and malicious damage, varying sentences and imposing fines.
Criminal law – Assault causing actual bodily harm (s.241) – Common assault (s.240) – Common intention and when unilateral sudden acts fall outside common plan; Criminal law – Malicious damage to property (s.326) – Inference from destroyed/missing evidence; Procedural – Appeal against acquittal and sentence variation.
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29 November 1999 |
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Appellate court upheld one assault conviction, substituted common assault for another, and convicted both respondents of malicious damage.
* Criminal law – assault – distinction between assault causing actual bodily harm (s.241) and common assault (s.240); substitution of conviction on appeal. * Criminal law – common intention – liability where participants act together to effect an unlawful purpose, including when one party commits a different degree of assault. * Criminal law – malicious damage to property (s.326) – conviction where accused removed/destroyed evidence/property after preventing unloading. * Sentencing – variation of sentence on appeal: fines in default of imprisonment and effect of time already served. * Procedural – appeal against acquittal of deceased accused lapses on death.
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29 November 1999 |
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Surviving child has lifetime priority to clan property under Nyakyusa custom; appeal allowed and earlier decision quashed.
Customary/inheritance law – Nyakyusa custom – surviving children have priority over grandchildren in clan property – custodian versus owner – proof of wastage/misuse – appellate error quashed.
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25 November 1999 |
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Whether a loan instrument and subsequent tenancy offsets supported the respondent’s claim and whether the trial court miscomputed the decretal amount.
* Civil procedure – loan and mortgage – interpretation of a loan/mortgage document (Ext P1) and entitlement to decretal principal and sale of mortgaged property. * Accounting of payments and offsets – effect of subsequent tenancy agreement (Ext D1) on outstanding balance. * Civil procedure – review/appeal formalities – requirement to attach a drawn order to applications for review filed in the same court (Court of Appeal guidance).
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22 November 1999 |
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Convictions quashed due to unreliable identification, improperly admitted confessions, and failure to conduct voir dire for a child witness.
Identification — night-time identification unreliable; Identification parade — conductor must testify; Identification parade register inadmissible as hearsay if parade officer not called; Confessions/cautioned statements — magistrate must inquire into voluntariness; Repudiated confessions require caution and corroboration; Child witness — voir dire required before swearing; Alibi can raise reasonable doubt.
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22 November 1999 |
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Repudiated cautioned confessions without corroboration and credible alibis warrant quashing convictions and release.
Criminal law – Cautioned statements – Repudiated confessions require corroboration before grounding conviction; Alibi – accused not obliged to prove alibi but it may raise reasonable doubt; Appeal – convictions unsafe where reliance is on uncorroborated, retracted confessions.
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22 November 1999 |
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Status quo must be maintained and estate division left to an appointed administrator where deceased died intestate.
Family/clan property – intestate succession – necessity of estate administrator for division – maintaining status quo pending administration – possession and inheritance claims
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19 November 1999 |
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Appeal dismissed; family property occupied by a claimant is not vested ownership — maintain status quo pending estate administration.
Family/clan property — intestacy — appointment of administrator to divide estate — occupation does not establish ownership — maintenance of status quo pending administration.
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19 November 1999 |
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A duplicitous charge combining careless and inconsiderate driving without particulars renders the conviction invalid.
* Road Traffic Act s.50(1) – careless use; inconsiderate use – duplicity in charge – particulars must disclose manner of careless/inconsiderate use – mere allegation of attempted collision insufficient.
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19 November 1999 |