court of appeal

‘No judgment attains perfection’: Tanzania's top court, considering major wildlife crime

Two men, found guilty of being in possession of almost two tons of elephant tusks, have just lost a third challenge in their case. The matter was brought before Tanzania’s court of appeal for a second time, with counsel urging the court, on review, to change its earlier decision on sentence. But the judges weren’t persuaded. They called the review a disguised appeal against sentence. The accused claimed the original appeal decision showed a ‘manifest error’ resulting in a miscarriage of justice. Not so, said the judges.

Read judgment

This story, involving a second hearing at Tanzania’s court of appeal, goes back 10 years, and starts with an intelligence report that there was a consignment of ‘government trophies’ at the home of the three men originally accused. Police followed them and received further information that the men under surveillance were ‘on the verge of picking up’ government trophies.

Death penalty confirmed by Zambia’s court of appeal days before capital punishment scrapped. What happens now?

Zambia’s court of appeal has dealt with a sensational murder and arson case in a recent decision that highlights two problems. First, the court’s judgment of 16 December 2022 upheld the death penalty imposed on a woman accused of murdering her gym instructor boyfriend by setting him alight. Just days after the appeal court’s decision, however, Zambia’s President Hakainde Hichilema finally abolished the death penalty, leading the justice minister to comment that from now on, no court could impose the death penalty.

Read judgment

Mirriam Chilosha was convicted of murder and arson for which she was sentenced to death (for murder) and to life imprisonment (for arson) by Zambia’s high court. She had killed her gym instructor boyfriend, Jeremiah Mbawa, by setting him alight. In the process she also set fire to the house belonging to Floriana Lodge, where he was staying.

Uganda's appeal court in new approach to division of marital property on divorce

Uganda’s Court of Appeal has handed down a decision that could prove a turning point on the question of how marital property should be divided on divorce. The judges seem to have rejected what some have seen as a growing tendency in divorce matters, namely granting women half share of a property. Instead, these judges say equality doesn’t automatically mean equity, and that a claim for half of the property must be backed by facts if it is to succeed.

Read judgment

This new decision, by three judges of Uganda’s Court of Appeal, seems to mark a third phase in efforts to ensure that women are treated equally in society and before the law in that country, particularly at divorce.

Pages

Subscribe to RSS - court of appeal
x123xx