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Nukuu
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Tarehe ya hukumu
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| Mei 1988 |
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Criminal law – duress/compulsion as a defence – burden on accused to prove duress – credibility of afterthought defences raised first at trial – appellate deference to trial judge’s findings of fact and credibility in smuggling/export offences.
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6 Mei 1988 |
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Appeal out of time; receipt of judgment by third party; proof of authority to receive judgment; duty of absent litigant to make provision to learn judgment; discretion under Rule 8 to extend time.
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6 Mei 1988 |
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Civil procedure – application for extension of time under Rule 8; authority to receive judgment for another – power of attorney not invariably required but convincing proof of authority necessary; absence abroad and lack of diligence not a sufficient cause for extension.
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6 Mei 1988 |
Criminal Practice and Procedure - Substituted conviction - “Being in possession of property suspected to have been stolen” substituted for “Stealing by servant" - Whether irregular - Section 271 ofthe Criminal Procedure Decree. Evidence - Ofaccomplice - Corroboration |
5 Mei 1988 |
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Criminal law — possession of property suspected to have been stolen — corroboration of accomplice evidence; statutory requirement of Attorney General's sanction for prosecutions under section 285A; substitution of conviction under section 271(1)(a) Criminal Procedure Decree.
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5 Mei 1988 |
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Criminal law — Homicide: provocation and self-defence; distinction between manslaughter and murder where attack continues after initial blow; excessive force and pursuit as indicators of revenge; appellate substitution of conviction and sentence; assessors' opinion order.
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5 Mei 1988 |
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Criminal law – Provocation – When provocation is unavailable where accused denies being provoked; Criminal law – Self‑defence – Requirement to prove lawful defensive action and distinction from excessive force; Appeal – Review of conviction and sentence; Procedural irregularity – Assessors' opinions given in unusual order.
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5 Mei 1988 |
| Januari 1988 |
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Sports law – administrative decisions – appeal from football association decisions to sports council – existence and validity of the appellate sports council at material time – High Court jurisdiction to entertain challenges to sports administrative decisions.
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6 Januari 1988 |
Administrative Law - Jurisdiction - Members of Zanzibar Sports Council whose tenure had lapsed - Whether competent to make effective decisions. Civil Practice and Procedure - Procedure in High Court of Zanzibar - Party proceeded by chambers summons - Whether permissible |
6 Januari 1988 |
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Company law – capacity and authority of directors to borrow under articles of association; agency and apparent authority; indoor management rule (Royal British Bank v Turquand) – liability of company for loans obtained through a director; evidence on whether advances are personal or corporate.
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1 Januari 1988 |