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Citation
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Judgment date
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| December 2003 |
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15 December 2003 |
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Principal failed to prove unvouched advances or non‑conforming deliveries; only the agent's admitted commission was allowed.
* Agency agreement – advances to agent for purchase of coffee – obligation to deliver merchantable coffee and account for advances. * Evidence – hearsay on quality/moisture of coffee inadmissible to prove deliveries were non‑conforming. * Burden of proof – party alleging monetary advances must prove disbursements with vouchers/documents. * Accounting – agent failed to prove additional expenditures; only admitted commission payable.
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12 December 2003 |
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Conspiracy unproven and retracted confessions lacked corroboration; convictions quashed and sentences set aside.
* Criminal law – Conspiracy – requirement of proof of agreement or concerted plan to commit offence; absence of evidence defeats conspiracy charge.
* Evidence – Confessions – confessions to a person in authority admissible but require careful scrutiny and corroboration where repudiated.
* Criminal Procedure/Evidence – Section 57 CPA does not preclude confessions recorded by non-police officers; admissibility distinct from reliability.
* Proof of signature and association – mere signing on documents insufficient without proof of authorship and access to records.
* Corroboration – Auditor’s competence must be established to corroborate confessions and sustain conviction.
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10 December 2003 |
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Appellants’ robbery convictions quashed for being based on unsafe, uncorroborated identification evidence.
Criminal law – Identification evidence – Particular caution required where identification disputed or attack occurred in darkness – Conviction based solely on uncorroborated identification is unsafe.
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10 December 2003 |
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Application to extend time for filing defence dismissed for being out of time, lacking proper proof of service and good cause.
Civil procedure — Extension of time to file Written Statement of Defence — Order VIII r.1(2) proviso and Order XLIII r.6 (as amended) — application must be made within 21 days of expiry — filing on last day and lack of notice — sufficiency of proof of service (postal/EMS) — requirement of good and sufficient cause.
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10 December 2003 |
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Application to extend time for filing defence, filed on last day and supported by uncertified postal evidence, was dismissed for lack of jurisdiction and good cause.
Civil procedure – Extension of time to file Written Statement of Defence – Order VIII rule 1(2) proviso and Order XLIII rule 6 (G.N. No. 422/1994) – application must be made within 21 days of expiry – court’s jurisdiction limited – requirement to show good and sufficient cause; Proof of service – postal documentary evidence must be certified and clearly identify addressee.
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10 December 2003 |
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Appellate court quashed conviction for theft due to inadequate identification and unresolved factual issues about room ownership and access; sentence also set aside.
Criminal law – theft – adequacy of evidence – necessity to prove ownership/identification of recovered property beyond reasonable doubt; fact-finding on room ownership and access to premises; defective petition of appeal by lay appellant tolerable where substantial grounds raised; sentence unlawful where minimum-sentence statute applicable to value of property.
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8 December 2003 |
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Abolition of the age-defence and amendment to rape provisions make belief about age or consent immaterial for under‑18 victims.
Criminal law — Rape — Age and consent — Sexual Offences Special Provisions Act 1998 repealed proviso to s.136 Penal Code; s.133(2)(e) amended: intercourse with female under 18 is rape irrespective of consent (limited marital exception); mistake of fact as to age no longer available.
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5 December 2003 |
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Court ordered judgment debtors to deposit decretal sum into court pending resolution of decree-holder's administration and entitlement.
* Execution — payment of decretal sum — recipient of payment under consent order (decree-holder v advocate) — returned cheque — company non-operation, blocked accounts and deceased/absent directors — interim deposit into court for safe custody pending appointment of administrators or resolution of entitlement.
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4 December 2003 |
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Known-person identification and unchallenged admissions upheld conviction; appeal dismissed and 30-year sentence confirmed.
Identification – known person in same village; prompt complaint and eyewitness corroboration; admissions to third parties; defence of prior dispute unraised and treated as afterthought; conviction and statutory sentence upheld.
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2 December 2003 |
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Appeal allowed where conviction rested on uncorroborated arresting‑officer evidence and a missing key witness.
Criminal law – shop breaking (s.296 Penal Code) – sufficiency of evidence – requirement for corroboration of arresting officer’s testimony based on third‑party identification and alleged confession – duty to call available crucial witness (bus conductor).
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1 December 2003 |
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A Chamber Summons under the Law Reform Act is incompetent for criminal matters; private prosecutions governed by s99 Cr.P.A.
* Civil procedure – competence of Chamber Summons – Law Reform (Fatal Accidents) Act not applicable to matters arising from criminal prosecutions; * Criminal procedure – private prosecution – requirement of magistrate's permission under s99 Cr.P.A.; * Criminal procedure – discharge under s225(5) not a bar to fresh prosecution; * Evidence – adverse inference from accused's silence under s231(3) Cr.P.A.; * Credibility – assertions of illiteracy and coerced caution statement rejected.
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1 December 2003 |
| November 2003 |
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Conviction for procuration for prostitution quashed for lack of proof of procurement and common intention.
Criminal law – Procuration for prostitution – element of procuring to become a prostitute – insufficiency of evidence; Common intention – requirement of proof of concerted plan; Evidence – exclusion of P.3 and absence of guest-house witnesses; Medical evidence – reliability of examination conducted several days after the incident.
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28 November 2003 |
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Application for leave to appeal dismissed as time-barred and without merit; costs awarded.
Civil procedure – leave to appeal – limitation – Rule 43(a) Tanzania Court of Appeal Rules – section 19(2) Law of Limitation Act – failure to account for delay – binding precedent (Idda Mwakalindile) – dismissal with costs.
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28 November 2003 |
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Conviction for robbery quashed due to unsafe identification evidence under Waziri Amani cautionary principles.
* Criminal law – Robbery – Identification evidence – Cautionary requirements for identification (Waziri Amani) – Night-time observation and lack of description rendered identification unsafe – Conviction quashed.
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24 November 2003 |
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Illness and time spent raising funds to engage counsel did not justify extension of time to appeal; application dismissed with costs.
Civil procedure – extension of time to appeal – strict account of delay required; illness and fundraising for counsel not automatically sufficient cause; applicant should have instituted appeal while seeking counsel.
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21 November 2003 |
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A challenge to taxation of advocates' costs must proceed by reference, not by appeal; the appeal was struck out.
* Civil procedure – Taxation of costs – Proper procedure to challenge taxation is by reference to the High Court under Advocates Remuneration and Taxation of Costs Rules (GN 89 & GN 159) – Appeal challenging taxation held incompetent.
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21 November 2003 |
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Convictions for conspiracy and obtaining money by false pretences quashed for insufficiency of evidence; appellants ordered released.
Criminal law – Conspiracy to defraud – necessity of evidence of an agreement; Criminal law – Obtaining money by false pretences – requirement of false representation and mens rea; Appellate review – unsafe convictions where trial court misappreciates evidence; Compensation order cannot stand absent proven conviction.
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21 November 2003 |
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Convictions for conspiracy and obtaining money by false pretences quashed for insufficient evidence; appellants ordered released.
Criminal law – conspiracy to defraud: requires evidence of an agreement to pursue criminal conduct; Criminal law – obtaining money by false pretences: prosecution must prove a false representation known to be false (or recklessly made); Evidence – appellate review: convictions unsafe where trial court fails to properly evaluate or where evidence is insubstantial; Remedy – quashing convictions and setting aside sentences and compensation where proof is insufficient.
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21 November 2003 |
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Convictions for conspiracy and obtaining money by false pretences quashed for insufficient evidence.
* Criminal law – Conspiracy to defraud – proof requires evidence of agreement and execution of the agreed course of conduct. * Criminal law – Obtaining money by false pretences – elements: false representation (words, writing or conduct) and knowledge or belief of its falsity; prosecution must prove these beyond reasonable doubt. * Evidence – Appellate review – trial court must properly analyse and evaluate credibility and sufficiency of evidence; convictions unsafe where evidence is shaky or insufficient.
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21 November 2003 |
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Dependants must prove legal representative status (e.g., letters of administration) to sue for a deceased's pension; absence is fatal.
Civil procedure — Locus standi — Dependants claiming deceased’s pension benefits — Necessity of proof of legal representative status (letters of administration); Amendment — whether omission of letters is curable; Industrial relations practice — costs usually not awarded.
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21 November 2003 |
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An applicant must prove claims to the liquidator under winding-up and bankruptcy rules before suing a specified public corporation.
Companies (Winding Up) Rules 1929 – requirement to prove debt by affidavit to liquidator before suing a specified public corporation; Bankruptcy Ordinance (Cap. 25) s.9 and Second Schedule – proof of claims and Rule 213; Prematurity of suit for non-compliance with statutory proof requirements; Preliminary objections rendered academic once prematurity established.
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14 November 2003 |
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14 November 2003 |
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Suit against a specified public corporation is premature without proving the claim to the liquidator and meeting statutory requirements.
Companies (Winding Up) Rules 1929 — proof of debt by affidavit to liquidator required before suing a specified public corporation; Bankruptcy Ordinance (Cap. 25) s.9 and Second Schedule & Bankruptcy Rules r.213 — statutory proof of claims required; failure to comply renders suit premature; preliminary objections on procedural compliance to be addressed first.
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14 November 2003 |
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Failure to prove claims to the liquidator under winding-up and bankruptcy rules renders suit against a specified public corporation premature.
Companies (Winding Up) Rules 1929 – proof of debt to liquidator before suing a specified public corporation; Bankruptcy Ordinance (Cap. 25) and Bankruptcy Rules (Rule 213) – requirement to prove claims; non-compliance renders suit premature; application struck out with costs.
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14 November 2003 |
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6 November 2003 |
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An application for leave to appeal out of time is incompetent and struck out if the chamber summons omits the enabling provisions.
Criminal procedure – leave to appeal out of time – chamber summons must cite enabling statutory provisions – non‑citation renders application incompetent and liable to be struck out.
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6 November 2003 |
| October 2003 |
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An unproven claim of illness did not establish sufficient cause for extension of time to file a notice of appeal.
Criminal procedure – Extension of time to file notice of appeal – Applicant must prove sufficient cause – Uncorroborated affidavit alleging illness insufficient – Burden to prove facts on balance of probabilities.
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31 October 2003 |
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31 October 2003 |
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An application to restore an appeal was dismissed because the applicant's chamber summons failed to cite enabling provisions.
Appellate procedure; withdrawal and restoration of appeal; Chamber Summons must cite enabling provisions; omission to cite is fatal irregularity; preliminary/jurisdictional objections.
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31 October 2003 |
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Conviction for statutory rape quashed where prosecution failed to prove the victim was under eighteen years.
* Criminal law – Rape – Element of age – Where age is a crucial element, prosecution must prove age by probative evidence (birth certificate or testimony of parents/guardians); entries in charge sheet insufficient.
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31 October 2003 |
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Conviction based on uncertain identification and uncorroborated evidence was quashed for reasonable doubt.
Criminal law – armed robbery; identification evidence – reliability and dangers of mistaken identity; necessity of corroboration where conviction rests on identification; admissibility and sufficiency of seized exhibits without civilian witnesses; appellate review — benefit of doubt and quashing convictions.
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31 October 2003 |
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31 October 2003 |
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31 October 2003 |
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Appeal allowed: currency identification and inadmissible police-recorded confessions rendered convictions unsustainable.
* Criminal law – identification of property – proof that seized currency belongs to complainant – insufficiency of vague denomination evidence; * Evidence – admissibility of caution/confession statements – statements recorded by unauthorised police personnel inadmissible; * Corroboration – seized property cannot corroborate where ownership not established; * Remedy – convictions quashed, sentences set aside, restitution ordered.
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31 October 2003 |
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A reliable eyewitness identification under favourable conditions upheld the applicant's conviction for grievous harm.
Criminal law – Identification evidence – Single eyewitness testimony – Conditions favourable for visual identification (lighting, familiarity, duration, consistency) – Corroboration not required if identification is reliable – Alibi rejected.
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31 October 2003 |
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Sole eyewitness identification made under favourable conditions can safely sustain a grievous-harm conviction.
* Criminal law – Identification evidence – Single eyewitness identification and reliability – whether conditions were favourable for identification and need for corroboration.
* Criminal law – Alibi – assessment of defence witnesses versus complainant’s identification.
* Evidence – contemporaneous naming at police and consistency of description as factors supporting identification.
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31 October 2003 |
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Single-witness identification was held reliable and the appellant's alibi was insufficient, so the appeal was dismissed.
Criminal law – Identification evidence – single witness identification – factors favouring reliability (familiarity, lighting, duration, contemporaneous description and naming at police); Alibi – sufficiency to raise reasonable doubt.
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31 October 2003 |
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31 October 2003 |
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Rape conviction based on uncorroborated testimony and unproven age cannot stand; appeal allowed, conviction quashed.
Criminal law – Rape – conviction based on single uncorroborated testimony – corroboration ordinarily required; Proof of complainant’s age – necessary to establish incapacity to consent under Sexual Offences (Special Provisions) Act; Familiarity/engagement does not prove carnal knowledge.
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31 October 2003 |
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Conviction for rape based solely on uncorroborated testimony and unproven complainant age was quashed.
* Criminal law – Rape – Corroboration – Single witness rule – Familiarity between parties insufficient to prove carnal knowledge; corroboration required unless strong grounds exist. * Sexual offences – Age of complainant – Proof of age necessary since persons under 18 incapable of consenting under the Sexual Offences (Special Provisions) Act. * Appeal – Conviction quashed and sentence set aside where essential facts not proven and no corroboration.
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31 October 2003 |
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Appeal against cattle-theft conviction dismissed; recent possession and eyewitness/driver evidence established the appellant’s guilt.
Criminal law – Property offences – Cattle theft; Evidence – Recovery and identification of stolen property by brand marks; Doctrine of recent possession; Sufficiency of alibi evidence; Conviction upheld on prosecution’s coherent chronology and driver’s testimony.
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31 October 2003 |
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Appeal dismissed: credible identification of marked stolen property and possession sustained burglary and theft convictions.
Criminal law – Burglary and theft – Identification of recovered property by mark – Possession as evidence of theft – Burden of proof; trial magistrate’s misdirection not fatal where evidence remains compelling.
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31 October 2003 |
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Extension of time to appeal dismissed for lack of statutory notice and fatal non‑citation of enabling law.
Criminal procedure – Extension of time to appeal – Notice of intention to appeal – s.379(a) Criminal Procedure Act – absence of notice on subordinate court record – documents outside court record inadmissible to prove notice – failure to cite enabling provision in chamber summons fatal to application.
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31 October 2003 |
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Application for extension of time to appeal dismissed for lack of proof and fatal non‑citation of enabling statute.
Criminal procedure – extension of time to appeal – supporting affidavit must state grounds and prove events relied on; notice of intention to appeal by DPP – statutory thirty‑day period; non‑citation of enabling provision in chamber summons is fatal and renders application incompetent.
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31 October 2003 |
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Application for extension of time to appeal dismissed where no notice of intention to appeal appeared on court record and enabling law was not cited.
* Criminal procedure – extension of time to appeal – requirement of notice of intention to appeal under s.379(a) Criminal Procedure Act – absence of notice on subordinate court record fatal to claim of timely appeal.
* Evidence – documents in possession of appellant do not form part of court record – cannot establish compliance with statutory notice requirements.
* Procedure – non‑citation of enabling statutory provisions in chamber summons is a fatal defect rendering application incompetent.
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31 October 2003 |
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Applicant failed to prove timely notice of appeal and omitted statutory citation; extension application was dismissed.
Criminal procedure – extension of time to appeal – notice of intention to appeal by Director of Public Prosecutions – statutory notice period (thirty days) – proof of notice must be on court record – documents in appellant’s possession not part of record – omission to cite enabling provision renders application incompetent.
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31 October 2003 |
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Conviction quashed due to improperly admitted confession and weak evidence; forfeiture of tusks upheld; appellant discharged.
Criminal law – Admissibility of caution/confessional statements – Allegation of torture requires trial within a trial before admission; exclusion of improperly admitted confession may collapse weak prosecution case; forfeiture of seized government trophies may survive acquittal.
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30 October 2003 |
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Appeal dismissed: receipts unauthenticated and prevailing coffee price (Shs.702/kg) meant no balance was due.
Civil procedure — admissibility of documents — disputed receipts lacking signature and official stamp; burden on proponent to prove authenticity. Sale of produce — determination of prevailing market price of coffee; reliance on contemporaneous evidence and precedent. Evidence — failure to call document author undermines probative value.
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29 October 2003 |
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Documentary receipts not proved authentic; prevailing coffee price fixed at Shs 702/kg, appeal dismissed.
Evidence — Documentary admissibility: disputed receipts lacking signatures or official stamp must be proved authentic by the proponent; Burden of proof on proponent; Commercial law — determination of prevailing market price of coffee; Credibility — reliance on prior appellate findings when assessing pricing evidence.
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29 October 2003 |