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The High Court quashed a conviction for unlawful possession of government trophy after finding defective DPP consent, and declined to order a retrial.
The High Court allowed a rape appeal, quashed the conviction and set aside the 30-year sentence after finding the prosecution had not proved penetration beyond reasonable doubt.
High Court criminal appeal over alleged maize theft dismissed. The court held the prosecution failed to prove the appellant planted the maize, and a claim of right defeated theft.
The prosecution failed to prove the case beyond reasonable doubt as the visual identification evidence was not watertight and did not meet the required legal standards, making the conviction unsafe.
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The prosecution failed to prove the case beyond reasonable doubt due to major contradictions in evidence regarding ownership, dates, and improper admission of key exhibits, which were not listed during preliminary hearing. The benefit of doubt goes to the appellant.
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The respondent's evidence was based on expunged exhibits and hearsay, failing the burden of proof. The appellants' evidence was stronger and supported by direct witnesses and valid documents. The DLHT's decision was quashed and the appeal allowed.
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The High Court dismissed the appellant’s land ownership claim but set aside the tribunal’s declaration that the respondents were lawful owners.
The absence of a valid transfer order from the High Court to the magistrates who conducted the plea, preliminary hearing, and trial rendered the proceedings, judgment, and consequential orders a nullity. Additionally, the prosecution's evidence was marred by procedural irregularities, particularly regarding the disposal of perishable exhibits without the appellants' participation, making a retrial inappropriate.
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High Court land appeal dismissed. The court upheld the tribunal’s finding that the respondent proved ownership, rejected the Will as invalid, and found adverse possession unproven.
The 1st respondent proved ownership of the suit land by credible evidence, and the 2nd respondent had no valid title to pass to the appellant. The trial tribunal was justified in its decision, and the appeal lacked merit. However, the appellant is entitled to improvements made on the land.
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