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Citation
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Judgment date
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| December 2024 |
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Court exercised discretion under the Court Fees Rules to remit filing fees after a paid suit was withdrawn without service.
Court Fees – remission/exemption of filing fees – discretionary power under Judicature and Application of Laws (Court Fees Rules) G.N.247/2018 – Rule 6(3),(4) – withdrawal of suit with leave to refile – entitlement to remission when fee paid but service not enjoyed.
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30 December 2024 |
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High Court granted bail for a bailable manslaughter charge subject to specific sureties, identification and reporting conditions.
Criminal procedure — Bail pending trial — Bailability of manslaughter — Bail conditions: sureties, monetary bond, identification and property requirement, movement restriction, monthly reporting — Application of Judiciary Bail Guidelines and s.148 CPA.
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23 December 2024 |
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Appeal allowed: conviction quashed because undeclared exhibits and material contradictions defeated proof beyond reasonable doubt.
Criminal law – proof beyond reasonable doubt; Preliminary Hearing – mandatory disclosure/listing of intended exhibits; Admissibility – exhibits not disclosed at PH expunged; Material contradictions in dates and ownership undermine prosecution; Delay in reporting/arrest affects credibility.
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23 December 2024 |
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Applicants committed for manslaughter granted bail pending trial subject to specified bonds, sureties, travel limits and reporting.
* Criminal procedure — Bail pending trial — Manslaughter bailable under s.148(1) CPA — Bail is a constitutional right under art.13(6)(b) — Prior compliance with bail by committing court supports admission — Conditions: monetary bonds, two sureties with verified ID and residence, travel restrictions, surrender of travel documents, monthly reporting — Deputy Registrar to administer.
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19 December 2024 |
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High Court lacks jurisdiction for pre‑committal bail where economic offence involves under TZS 300,000,000; matter remitted to District Court.
* Criminal procedure – Bail – Pre-committal jurisdiction – EOCCA s29(4)(a) vests bail hearing between arrest and committal in District/Resident Magistrate Courts where value involved is under TZS 300,000,000.
* EOCCA s57 (triability by High Court) applies to trial stage after committal, not to pre-committal bail applications.
* Misfiled bail application in High Court struck out under s372 Criminal Procedure Act; District Court directed to entertain bail expeditiously.
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19 December 2024 |
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Fresh adoption permitted after substantial change, parental consent, home-country recommendation, and best-interests finding.
* Adoption law – Regulation 15 (GN 197/2011) – substantial change required for repeat adoption petitions; * Best interests of the child – section 4(2) Law of the Child Act; * Parental consent and affidavit in reply – procedural compliance; * Foreign adopters – requirement for home-country social welfare recommendation (section 74, reg. 28 GN 197/2011); * Post-order formalities – registration, service on Registrar-General, notification before removal abroad.
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19 December 2024 |
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Accused found insane and not criminally responsible; ordered detained as a mental disorder offender in suitable custody.
Criminal law — Insanity and fitness to plead — Inquiry under s.127 Evidence Act and s.219 Criminal Procedure Act — Psychiatric report (schizophrenia) and lay evidence — Accused found not criminally responsible; ordered detention as mental disorder offender.
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19 December 2024 |
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Parties’ deed of settlement on demolition and compensation accepted and recorded as the court’s consent judgment.
Land law – road reserve vs privately allocated plots – demolition without compensation – compensation for improvements – consent deed recorded as judgment – encouragement of amicable settlement.
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18 December 2024 |
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Court granted letters of administration and suspended Rule 72 notice for an uncooperative heir after prolonged administration delay.
Probate – Letters of administration – Intestate estate – Statutory requirements under ss.33, 56, 57 and Rule 33 – Publication of general citation – No caveat – Consent of heirs – Rule 72(2) suspension for uncooperative heir – Revocation of prior administrator for failure to act.
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18 December 2024 |
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Police officer's shots were linked to his AK‑47 but malice was not proved; convicted of manslaughter and conditionally discharged.
Manslaughter; murder; malice aforethought; accidental discharge during struggle; use of firearms by police; adverse inference for failure to call material eyewitnesses; ballistic identification of weapon.
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18 December 2024 |
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Court recorded parties' deed of settlement as consent judgment, declaring the plaintiff owner of the disputed unsurveyed land.
* Civil Procedure – Consent judgment – Recording and adoption of deed of settlement under Order XXIII Rule 3 CPC.
* Land law – Declaration of ownership – Lawful ownership of unsurveyed land declared by consent.
* Settlement effects – Waiver of further claims and parties bearing their own costs.
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17 December 2024 |
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Application for extension to revise execution orders dismissed as functus officio to avoid conflicting decisions.
* Land law – execution proceedings – effect of uncontested execution orders – functus officio preventing re-opening of decided matters.
* Civil procedure – enlargement of time to file revision out of time – finality of judgments and risk of conflicting decisions.
* Procedural objections – citation or combined prayers not fatal where court has discretion to facilitate just and expeditious resolution.
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17 December 2024 |
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Victim recognition and testimony upheld conviction for armed robbery despite missing weapon exhibit.
* Criminal law – Armed robbery – ingredients: stealing, use of weapon, use of weapon to obtain/retain property – proved by victim testimony and PF3.
* Evidence – No mandatory requirement to tender weapon or stolen property as exhibits; credible oral testimony may suffice.
* Arrest – Arrest within 24 hours acceptable; absence of arrest at scene not dispositive.
* Identification – Recognition by a familiar victim dispenses with need for identification parade.
* Appellate review – First appellate court may re-evaluate evidence and reach independent conclusion.
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17 December 2024 |
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Arbitrator properly found unfair termination of a probationary employee; employer failed to prove employment terms; award upheld.
Employment law – probationary employment – written particulars and burden of proof under s.15(6) ELRA – termination procedures under GN No. 42/2007 (Reg.10) – procedural determination of issues – competency of affidavit verification.
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17 December 2024 |
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Court entered consent judgment on settlement, granted leave to sue separately on penalties, and ordered each party to bear its own costs.
Civil procedure – Settlement and consent judgment – Registration of settlement under Order XXIII Rule 3 and section 3A(1) of the Civil Procedure Code; leave to institute separate suit under section 95; costs where parties agree each bears own costs.
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17 December 2024 |
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Accused charged with grievous harm granted bail under conditions after court found the offence bailable and prior bail compliance.
* Criminal procedure – Bail – Applicability of sections 148 and 392A of the Criminal Procedure Act and articles 13(6)(b) & 17(1) of the Constitution – Offence of Acts Intended to Cause Grievous Harm (section 222(a) Penal Code) treated as bailable. * Bail conditions – bond amount, sureties with NIDA/work ID and residence verification, travel restrictions, periodic reporting, surrender of travel documents. * Prior compliance with bail conditions as factor in granting bail.
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16 December 2024 |
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Accused charged with grievous harm granted bail under statutory and constitutional provisions, subject to specific surety and reporting conditions.
* Criminal law – Acts Intended to Cause Grievous Harm (s.222(a) Penal Code) – bailability under Criminal Procedure Act (s.148) and constitutional provisions (arts.13(6)(b),17(1)). * Bail – requirements and conditions – bail bond, sureties, residency verification, travel restriction, reporting obligations, surrender of travel documents. * Prosecutorial non-opposition to bail – court may grant bail with conditions.
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16 December 2024 |
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High Court granted bail after committal, imposing stringent surety, reporting and deposit conditions to mitigate flight risk.
Criminal procedure – bail after committal – bailable offence (act intended to cause grievous harm) – application of Judiciary Bail Guidelines (2020) – need for documentary proof of prior bail breaches – imposition of tailored sureties, reporting and travel conditions.
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13 December 2024 |
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The plaintiff's suit was struck out for failing to sufficiently describe the disputed immovable property.
Civil Procedure — Rule 3 Order VII — description of immovable property — requirement of sufficient particulars (size, demarcations, boundaries, neighbors) for identification and execution of decree; preliminary points of law — striking out plaint for want of certainty; pleadings bind parties; discretion as to costs for lay litigant.
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12 December 2024 |
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Revision application dismissed as time-barred; six-week limitation under section 91(1)(a) applies.
Labour law — revision of CMA award — limitation period under section 91(1)(a) ELRA — six weeks from service/delivery — effect of withdrawal and refiling — requirement to apply for extension of time; Law of Limitation Act s3(1).
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11 December 2024 |
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Appeal dismissed; armed robbery conviction upheld based on recent possession, reliable identification, and corroborating exhibits.
* Criminal law – Armed robbery – elements: theft, use of dangerous weapon immediately before or after, weapon directed at victim – proof beyond reasonable doubt. * Doctrine of recent possession – requirements: property found with suspect, positive identification to complainant, recent theft, subject of charge. * Identification – recognition of a known person in adequate lighting is reliable. * Documentary evidence – admitted exhibits must be read in court and recorded. * Appellate review – first appellate court may re-evaluate evidence where trial judgment omitted defence consideration.
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11 December 2024 |
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Disposal record of perishable government trophy can substitute for the exhibit; conviction for unlawful possession upheld.
* Wildlife offences – unlawful possession of government trophy – proof of possession and absence of permit; * Perishable exhibits – PGO No. 229 para 25 – disposal before magistrate and requirement to produce accused where possible; * Inventory/disposal proceedings (Exhibit PE3) as substitute for perishable exhibit; * Proof beyond reasonable doubt – credibility of arresting officers and village chairman.
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11 December 2024 |
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Accused convicted of manslaughter due to provocation, not murder, sentenced to six years imprisonment.
Criminal Law – Murder vs. Manslaughter – Malice aforethought – Provocation and cultural contexts in violent acts.
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11 December 2024 |
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The accused were convicted of murder—common intention and malice established—and sentenced to death by hanging.
Criminal law – Murder: elements (unnatural death, causation, malice aforethought); factors to infer malice (weapon, force, number and location of wounds, conduct); common intention (s.23 Penal Code); admissibility and weight of confessional/cautioned statements; eyewitness delay and credibility; mandatory sentence for murder under ss.196–197 Penal Code.
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10 December 2024 |
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Conviction unsafe where defective co-accused confession and unreliable circumstantial evidence fail to establish guilt beyond reasonable doubt.
Criminal law — Murder — Proof beyond reasonable doubt; circumstantial evidence; inadmissible/defective cautioned statement lacking statutory certification; co-accused confession requiring corroboration (s.33 Evidence Act); delay in reporting (s.7 CPA) and adverse inference; absence of forensic linkage to exhibit.
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10 December 2024 |
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Summary judgment set aside because mandatory notice before judgment was not issued, despite the defendant sharing blame for counsel negligence.
Civil Procedure — Summary suit (Order XXXV) — Rule 8 setting aside summary judgment; Rule 11 incorporates ordinary procedure; Order XX notice requirement mandatory before judgment; party’s duty to follow up and limits of excusing counsel negligence; summary suits and proof of plaint where leave to defend absent.
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6 December 2024 |
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Applicants charged with attempt to murder were granted bail pending trial subject to specific bond, surety and reporting conditions.
Bail pending trial; bailability of attempt to murder under s.148 CPA; constitutional right to bail and presumption of innocence; relevance of prior compliance with bail; conditions to secure attendance and protect victim.
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5 December 2024 |
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Court recorded and enforced a consent settlement of a pension claim, incorporating the deed and ordering parties to bear their own costs.
* Civil procedure – Consent judgment – Court acceptance of deed of settlement and incorporation into judgment – Powers under Article 107A of the Constitution.
* Pension law – Settlement of pension and damages claims – Payment mechanism recognized as having force of court decree.
* Costs – Parties to bear their own costs in a consent settlement.
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4 December 2024 |
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Inadequate description of disputed land in pleadings vitiates tribunal proceedings; locus in quo cannot supply missing particulars.
Land law – pleadings – description of immovable property – Regulation 3(2)(b) of the Land Disputes Regulations and Order VII Rule 3 CPC – necessity of boundaries/adjacent owners or landmarks to identify suit land; locus in quo cannot cure inadequate pleadings; failure to describe property vitiates proceedings and makes decree unenforceable.
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3 December 2024 |
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Revision was incompetent because taxation of costs must be challenged by reference, so the application was struck out with costs.
Land disputes — procedure — taxation of bill of costs — decision of taxing officer challengeable by reference under Advocates Remuneration Order (Order 7(1)), not by revision; jurisdictional limits; incompetence of revision where statute prescribes alternative remedy; mis-citation of record; striking out incompetent applications.
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3 December 2024 |
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Appeal dismissed: occupant of pre-existing house entitled to compensation when later right of occupancy interfered with customary land.
* Land law – right of occupancy vs customary occupation – compensation where right of occupancy interferes with pre-existing customary house (s.34 Land Act).
* Civil procedure – objection proceedings (Order XXI r.57, r.62 CPC) vs fresh application – existence of prior objections.
* Evidence – burden to prove title on balance of probabilities; evaluation of oral history and survey evidence.
* Preliminary objections – requirement for letters of administration where plaintiff holds letter of offer.
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3 December 2024 |
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Accused convicted of manslaughter, not murder, due to insufficient proof of malice aforethought and gaps in prosecution evidence.
* Criminal law – homicide – distinction between murder and manslaughter – requirement to prove malice aforethought beyond reasonable doubt.
* Evidence – weight of circumstantial and eyewitness evidence; effect of intoxication and conduct before, during and after the incident on proof of intent.
* Procedure – prosecution obligation to produce contemporaneous confessional statements; evidential consequences of non‑production.
* Sentencing – application of Tanzania Sentencing Guidelines 2023 and assessment of individual roles and mitigation.
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2 December 2024 |
| November 2024 |
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An appeal was struck out because a party appeared in a different capacity on appeal than in earlier proceedings without leave.
Civil procedure – preliminary objection – parties must appear in the same capacity in subsequent proceedings; change of capacity without leave invalidates appeal; authenticity of court records; competency of appeal; form and registry of appeal from DLHT.
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29 November 2024 |
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High Court restored trial conviction, finding appellate misapprehension of evidence and that expunged exhibits do not negate corroborative oral testimony.
* Criminal law – Appeal – second appeal – interference permitted where there is misapprehension of evidence or miscarriage of justice; * Criminal law – malicious damage to property – materiality of inconsistencies in witness descriptions; * Evidence – expungement of exhibits – expunging a document does not automatically collapse corroborating oral testimony; * Evidence – corroboration – when eyewitness oral testimony suffices to prove assault beyond reasonable doubt.
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28 November 2024 |
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A technical filing defect and prompt refiling justify extension of time to challenge a summary judgment.
Extension of time; Law of Limitation Act s.14(1); technical delay from withdrawal of defective filing; electronic filing date under Electronic Filing Rules; promptness and accounting for delay; illegality/service issues reserved for substantive application.
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28 November 2024 |
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Conviction quashed where child witness' testimony lacked mandatory voir dire/promise and prosecution failed to prove guilt beyond reasonable doubt.
* Evidence — Child witness — s.127 Evidence Act — voir dire and recorded promise to tell the truth mandatory; failure renders evidence of no evidential value. * Criminal law — proof beyond reasonable doubt — necessity to establish identity and corroboration where gaps exist. * Appellate review — first appellate court entitled to re-evaluate entire record and form independent conclusion.
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28 November 2024 |
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Appeal allowed where claimant failed to strictly prove existence and value of destroyed mango trees, quashing damages award.
* Evidence Civil standard of proof Balance of probabilities; burden of proof remains on claimant.
* Damages Special damages must be strictly and specifically proved by receipts, valuation reports or equivalent evidence.
* Valuation Independent valuation/report required to prove existence and value of destroyed crops.
* Appellate review First appellate court may re-evaluate evidence and substitute findings of fact.
* Judicial impartiality A partys professional status does not substitute for independent evidence (nemo judex in causa sua).
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26 November 2024 |
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Accused convicted of murder; malice aforethought found and mandatory death sentence imposed.
* Criminal law – Murder – Malice aforethought – Ascertaining intent from weapon, force, injury location, utterances and post‑offence conduct (Enock Kipela criteria).
* Defences – Self‑defence and provocation – failure to corroborate and conduct inconsistent with innocence undermines defence.
* Evidence – Eyewitness identification and medical evidence sufficient to prove death and causation despite protest over post‑mortem report.
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26 November 2024 |
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Prisoner’s transfer and prison officers’ delay amounted to good cause for extension of time to file an appeal.
Criminal procedure – extension of time to appeal under s.361(2) CPA; good cause is relative – prisoner’s transfer and prison officers’ delay; limited access to technology and reliance on prison administration as relevant consideration.
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25 November 2024 |
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Prisoner’s delayed receipt of judgment due to transfer constituted good cause; 30‑day extension to file appeal granted.
Criminal procedure — extension of time to appeal under section 361(2) CPA — "good cause" requirement — delay in supply of judgment to a prisoner due to prison transfer — dependence on prison officers — prisoner’s constrained liberty as factor warranting extension.
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25 November 2024 |
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Appellate court quashed armed robbery convictions due to unreliable investigator evidence, defective medical report, and resulting reasonable doubts.
Criminal law – armed robbery – elements of offence; visual identification and requirement for parade where witness does not know accused; admissibility and weight of cautioned statements; credibility of investigating officer; expunging medical report for matters outside maker's knowledge; benefit of doubt to accused.
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25 November 2024 |
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Second appeal dismissed: no misapprehension of evidence; absence of sketch map not fatal; trial court had jurisdiction.
Criminal law – malicious damage to property (s.326 Penal Code); Evidence – failure to tender sketch map not fatal where witness testifies; Appellate review – scope of second appeal; Jurisdiction – primary court competent to try criminal offences under Magistrates' Courts Act.
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25 November 2024 |
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Second appellate court upholds custody and increased maintenance but quashes transport and property division orders made without evidence.
Family law – Divorce and custody – Best interests of the child – custody to mother for children below seven; Maintenance – enhancement of child maintenance; Evidence – submissions are not evidence; Appellate procedure – appellate court must not decide issues not raised or proved at trial; Division of matrimonial property – requires proof and identification of assets before division.
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25 November 2024 |
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A prisoner's delayed receipt of judgment due to prison procedures can amount to good cause for extension of time to appeal.
* Criminal procedure – Extension of time – Enlargement under section 361(2) CPA – "Good cause" requirement and its relativity.
* Prisoners' access to court documents – Delay caused by prison procedures or officers as potential ground for extension.
* Appeals – right to have appeal heard on merits where delay attributable to incarceration conditions.
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25 November 2024 |
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Morphology-based CCTV identification and ambiguous delayed statements insufficient to prove murder beyond reasonable doubt.
Criminal law — Murder — Elements: unnatural death, causation, malice aforethought; Identification evidence — CCTV footage, morphological comparison and expert opinion; Circumstantial evidence — requirement to exclude reasonable doubt and point irresistibly to accused; Delay and ambiguity in witness statements; Investigative omissions and probative weight of identification.
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22 November 2024 |
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Appeal dismissed; prosecution proved illegal possession of weapons and government trophies; disposition without accused present did not invalidate trial.
* Criminal law – possession of weapons in protected area – GPS coordinates and seizure certificates as proof of location and seizure. * Wildlife law – unlawful possession of government trophies – burden under s.86 to prove lawful possession. * Evidence – perishable exhibit disposition under Police General Orders para 25 and Wildlife Conservation Act; accused’s presence not an absolute legal requirement. * Criminal procedure – accused’s right to call witnesses when he elects not to do so under s.231(1).
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21 November 2024 |
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Electronic filing date governs timeliness of references under the Advocates Remuneration Order; objection for delay dismissed.
* Civil procedure – Reference from Taxing Officer’s decision – Time limit under Order 7(2) Advocates Remuneration Order – 21 days. * Electronic filing – Judicature and Application of Laws (Electronic Filing) Rules, 2018 (Rule 21(1)) – date of online submission is effective filing date for limitation. * Application filed via e-filing within prescribed period; preliminary objection for delay dismissed.
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21 November 2024 |
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Applicants failed to account for delay and to attach relied-on documents; extension of time application was struck out.
Criminal procedure — Extension of time to file notice of appeal and appeal out of time — Requirement to show good cause — Need to account for each day of delay — Affidavits must attach documents referred to — Failure to attach supporting decision fatal to application.
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20 November 2024 |
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Prisoners’ lack of access to prison assistance and technology can constitute good cause for extension of time to appeal.
* Criminal procedure – extension of time to file appeal – section 361(2) Criminal Procedure Act – what constitutes 'good cause'. * Prisoners’ constraints – dependency on prison officers, transfers and lack of access to technology as grounds for delay. * Consideration of length of delay and previous unused extension.
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20 November 2024 |
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Prisoners’ delayed receipt of judgment due to incarceration can constitute good cause to extend time to appeal.
Criminal procedure – Extension of time to file appeal – Good cause under s.361(2) CPA – Delay in obtaining copy of judgment by prisoners – Limited access to prison officers and technology – s.362(1) requirement for judgment copy.
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20 November 2024 |