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23 judgments found.
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November 1990
A man named as father cannot deny paternity unless he proves he never had sexual intercourse with the mother.
Family law — Paternity presumption — Where a woman names a man as the father he cannot deny paternity unless he proves he never had sexual intercourse with her — Burden of proof — Maintenance
27 November 1990
Identification evidence and recovery of stolen property supported convictions; procedural defects did not render convictions unsafe.
Criminal law
— housebreaking — sufficiency and reliability of identification evidence — corroborative value of recovery of stolen property and extra‑judicial admissions
— sentencing — concurrent terms — assessment of excessiveness on appeal
Criminal procedure — alleged defects in charge/particulars — whether procedural irregularities render conviction unsafe
Evidence — prejudice and miscarriage of justice
6 November 1990
October 1990
Trial in absentia valid where accused absconded; absence alone does not nullify conviction if evidence and procedure suffice.
Civil procedure — Procedural irregularities — imperfections in judgment do not necessarily invalidate conviction where record evidence is credible and sufficient
Criminal procedure — trial in absence — where accused absconds or fails to appear through own conduct, court may proceed
19 October 1990
Uncorroborated co‑accused confession cannot sustain conviction; passing a forged cheque supports conviction for uttering and fraud.
Criminal law
— confession of co-accused — conviction cannot be based solely on co-accused's confession
— Forgery, uttering and obtaining money by false pretences — distinction between actual forgery and participation in uttering/obtaining proceeds
18 October 1990
Appeal dismissed: identification and credibility findings upheld; alibi unproven and statutory minimum sentences affirmed.
Criminal law
— alibi — burden to produce supporting evidence
— Robbery with violence — Identification evidence — reliability where complainants knew accused before offence and observed them at the scene
— sentencing — sentence affirmed as minimum prescribed by applicable statute
Criminal procedure — Appellate review — deference to trial court credibility findings
18 October 1990
Conviction for burglary and theft upheld on teachers' testimony and recent possession evidence.
Criminal law
— Burglary and stealing — proof of breaking and entry — requirement of evidence establishing when and how entry occurred
— Recent possession — requirements: property found on accused, positive identification as recently stolen from complainant, temporal and factual link to charge — presumption that recent possession of stolen property requires explanation
16 October 1990
Appeal allowed: circumstantial and documentary evidence of forged cheques sufficed to overturn the second accused's acquittal and convict him.
Criminal law — fraud/conspiracy/uttering forged cheques
— appeal by DPP against acquittal
— circumstantial and documentary evidence (bank records, cheque book gaps, signature identification) sufficient to overturn an acquittal on proof of participation or knowledge
15 October 1990
A voluntary confession to police corroborated by recovery of stolen property can sustain conviction; appeal dismissed.
Criminal law — co‑accused confession
— conviction cannot rest solely on co‑accused’s confession
— requires corroboration
Criminal law — confession
Criminal law — Sentence — appellate interference only where manifestly excessive
Evidence — recovery of stolen property as corroboration of confessions and identification
6 October 1990
Possession of a stolen cow’s skin and corroborative evidence of slaughter supported conviction for cattle theft; appeal dismissed.
Criminal law — Theft — possession of recently stolen property
— appellate review of credibility and sufficiency of evidence
— identification of stolen cattle and recovery of carcass/skin as corroborative evidence
— slaughter and sale of carcass as circumstance supporting irresistible inference of guilt
3 October 1990
July 1990
Circumstantial and identification evidence must exclude innocence; mere suspicion cannot support a murder conviction.
Criminal law
— Murder — circumstantial evidence — Incriminatory facts must be incompatible with innocence
— identification evidence — Visual identification — Reliability and risk of mistaken identity in poor visibility
17 July 1990
May 1990
Whether evidence and admissions sustained the appellant’s conviction for breaking and stealing and whether five-year sentence was excessive.
Criminal law
— Office breaking and stealing — Possession of recently stolen property as evidence — Identification and admissions
— Sentencing — Appeal against sentence — Appeal against sentence not upheld — Value of stolen property TSh 30,000/=
11 May 1990
April 1990
Missing postal funds established beyond reasonable doubt; postmaster credible and appellant’s explanation rejected, appeal dismissed.
Criminal law — theft/misappropriation of public/postal funds — evidential sufficiency of account books and postmaster’s testimony — credibility of accused’s explanation — appeal dismissed
25 April 1990
A conviction cannot safely rest solely on a co‑accused’s confession without independent corroborative evidence.
Criminal law — confession of co-accused — conviction cannot be based solely on co-accused's confession — Evidence Act s 33
18 April 1990
March 1990
Possession and sale of recently stolen goods justified upholding the appellant’s burglary/theft conviction.
Criminal law — Burglary/theft — Forced entry — Recovery of stolen goods in accused’s possession shortly after theft and admission/sale to a purchaser supports conviction
28 March 1990
Conviction for employer theft quashed where circumstantial evidence failed to exclude other perpetrators.
Criminal law — Theft — Circumstantial evidence — Insufficiency of evidence to exclude other perpetrators — Conviction unsafe and quashed
23 March 1990
The applicant failed to prove negligence by the driver or carrier; claim dismissed with costs.
Tort
— Negligence — motor vehicle accident — standard of proof on balance of probabilities
— Vicarious liability — employer’s liability for employee’s negligent driving while in course of employment — No liability where employee negligence not established
15 March 1990
February 1990
Appeal allowed: possession evidence required respondents to open their defence; district court erred in dismissing under section 230.
Criminal law — Unlawful possession of government stores — sufficiency of evidence at close of prosecution
7 February 1990
Where a charge alleges violence or firearm possession, statutory law mandates refusal of bail and courts must apply that prohibition.
Appellate practice — Appellate review
— Magistrate erred in granting bail where statutory prohibition applied
— remand ordered
Civil procedure — Bail hearing — Prosecution not required to prove particulars of violence or firearm possession at bail stage
Criminal procedure — Bail
2 February 1990
January 1990
Eyewitness and handwriting identification evidence upheld conviction for stealing by a public servant; appeal dismissed.
Criminal law
— Evidence — eyewitness identification and handwriting evidence — admissibility
— Sentence — concurrent seven years confirmed
— stealing by public servant — sufficiency of evidence
31 January 1990
First accused’s theft conviction upheld on reliable identification and recent possession; second accused acquitted for lack of proof of knowledge.
Criminal law
— Burglary — Identification evidence — Identification in daylight, opportunity to observe transaction and parade identification — recent possession doctrine
— Receiving stolen property — Mens rea requirement that receiver knew or had reason to believe property was stolen at time of receipt — benefit of doubt where knowledge not established beyond reasonable doubt
31 January 1990
Conviction based on inadmissible hearsay and an unsigned extrajudicial statement was unsafe and quashed.
Evidence — hearsay and second‑hand testimony — inadmissible written/extrajudicial statements — absent witness’s statement not automatically admissible — conviction unsafe where no direct evidence of possession
31 January 1990
Appeal dismissed: conviction for contempt upheld where appellant disobeyed a lawful court order to refrain from occupying disputed land.
Criminal law
— Contempt of Court — Disobedience — Taking possession of land after being ordered not to occupy it
— Sentence — Six months imprisonment not excessive
Evidence — Credibility of- Witnesses — Administrator, village chairman and inspector testimony held sufficient to establish possession
Probate law — Property/probate — Dispute over estate distribution irrelevant to contempt where the appellant did not appeal prior order
31 January 1990
The applicant successfully challenged bail: s.148(5)(e) bars bail where the charge alleges violence or firearm possession.
Criminal procedure — Bail
1 January 1990