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Citation
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Judgment date
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| December 1986 |
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Appellate courts rightly found the respondent proved ownership of the entire disputed land on the balance of probabilities, appeal dismissed.
* Land law – ownership dispute – burden of proof – whether respondent proved title on the balance of probabilities.* Credibility of witnesses – proper appraisal of conflicting oral testimony.* Appellate review – re-evaluation of facts and findings of primary court; third appeal limited where no question of law arises.* Relief – entitlement to whole disputed parcel and compensation for uprooted crops.
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20 December 1986 |
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A late notice of appeal without a successful extension renders the appeal incompetent and it will be struck off the register.
* Criminal procedure — Appeal competence — Notice of appeal must be filed within 14 days under Rule 76(2), Court of Appeal Rules, 1979 — Late notice without successful extension renders appeal incompetent and liable to be struck off the register.
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19 December 1986 |
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Applicant’s challenge to an eight-year manslaughter sentence dismissed; sentencing judge properly exercised discretion.
Criminal law – Manslaughter – Sentencing – Appeal against sentence – Assessment of mitigating factors and exercise of judicial discretion – Appellate interference only where sentencing misdirection or manifest unfairness shown.
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6 December 1986 |
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Dying declaration held without probative value and improperly handled child evidence, so conviction quashed for lack of corroborated proof.
Criminal law – evidence of dying declaration – probative value; Evidence Decree s.118 – competence of child witnesses; Criminal Procedure Decree s.145 – affirmation and procedure for child evidence; requirement of corroboration for children's evidence; procedural requirements and recording of reasons; insufficiency of uncorroborated improper child evidence to sustain conviction.
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5 December 1986 |
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A second appeal raising no point of law will not disturb concurrent factual findings supported by evidence.
* Criminal law – Appeal – Second appeal raising no point of law – Concurrent findings of fact by trial court and High Court not disturbed. * Evidence – Identification and role of accused by complainant and eyewitness – sufficiency to sustain conviction. * Procedural issue – Withdrawal of charge against co-accused and subsequent testimony did not vitiate convictions.
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3 December 1986 |
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Recent possession and identification by general features established cattle theft; conviction and sentence affirmed.
* Criminal law – Cattle theft – possession and identification of stolen animals – identification by general features and descriptive document; sufficiency of proof beyond reasonable doubt. * Criminal procedure – Amendment of charge – section 209 Criminal Procedure Code; improper rejection of prosecution evidence for charge-sheet discrepancy. * Evidence – recent possession doctrine – short interval between theft and recovery supports conviction. * Defence – credibility of robbery claim where not disclosed to investigating witnesses.
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3 December 1986 |
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Appellate court quashes murder conviction as unsafe due to contradictory witness statements and uncorroborated confession.
Criminal law – Murder – Safety of conviction where key witnesses' in‑court identifications contradict prior police statements; Confession/admission – admissibility and requirement of corroboration; Appellate review – trial judge's duty to resolve material contradictions and treat uncorroborated identifications with caution; Prosecutorial discretion – nolle prosequi and appearance of administration of justice.
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2 December 1986 |
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Appeal dismissed: circumstantial evidence and corroboration sufficient; appellants ordered to refund unrecovered stolen money.
* Criminal law – stealing by servant – circumstantial evidence and custody of keys as incriminating fact.
* Evidence – accomplice testimony – requirement for corroboration and what constitutes adequate corroboration.
* Evidence – linking recovered property to original theft – bank-labelled bag and eyewitness testimony as connecting factors.
* Sentencing/statutory orders – Minimum Sentences Act 1972 (s.7) requires refund of unrecovered stolen money.
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2 December 1986 |
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Circumstantial and corroborative evidence sustained convictions for bank theft; appellants ordered to refund unrecovered balance.
Criminal law – stealing by servant – circumstantial evidence and corroboration; accomplice evidence; admissibility and sufficiency without fingerprint proof; restitution under Minimum Sentences Act s.7; scope of second appeal.
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2 December 1986 |
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Second appeal confined to law; corroborated circumstantial and accomplice-linked evidence upheld theft convictions and ordered restitution.
Criminal law – stealing by servant – sufficiency of circumstantial evidence; accomplice testimony – requirement for corroboration; scope of second appeal limited to points of law; sentencing – application of Minimum Sentences Act 1972 requiring refund of unrecovered stolen money.
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2 December 1986 |
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Circumstantial evidence sufficed to uphold a murder conviction despite misdirections about a repudiated confession.
Criminal law – Murder – Reliance on circumstantial evidence – Repudiated cautioned statement – requirement to assess truth or corroboration – post-arrest identification as part of confession not independent corroboration – sketch plan of limited value – provocation defence inadequately proved.
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2 December 1986 |
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Circumstantial evidence (excluding an inadmissible police confession) sufficed to uphold the murder conviction.
* Criminal law – Circumstantial evidence – sufficiency to convict of murder.
* Evidence – cautioned/confessional statement to police – admissibility and effect of repudiation.
* Evidence – conduct showing scene and sketch plan – when such matters are inseparable from a confession.
* Criminal defence – provocation – requirement of proof of alleged provocative act (adultery).
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2 December 1986 |
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Appeals against cattle‑theft convictions and sentences dismissed; evidence of recovery and arrest upheld; one appeal abated on death.
Criminal law – cattle theft – evidence of recovery and identification; lawfulness of arrest; sentencing – deterrence and proportionality; abatement of appeal on death (Rule 71).
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2 December 1986 |
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Appeal against cattle theft convictions and sentences dismissed; trial court’s acceptance of police and witness evidence upheld.
Criminal law – cattle theft – credibility of eyewitness and police evidence – suspects seen driving away stolen cattle – flight on sight – appeal against conviction and sentence – sentencing considerations: youth and recovery of property versus deterrence.
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2 December 1986 |
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Appeals against convictions for cattle theft dismissed; convictions and deterrent sentences upheld despite absence of recovered stock.
* Criminal law – Theft – Cattle theft – Sufficiency of evidence to support convictions where stolen stock not physically recovered – credibility of evidence regarding armed party and circumstances of arrest. * Sentencing – Deterrent sentences justified in areas with rampant cattle rustling.
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2 December 1986 |
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The court upheld the appellants' convictions and sentences for cattle theft, finding prosecution eyewitness evidence credible.
* Criminal law – cattle theft – whether appellants were among persons driving away stolen cattle – credibility of complainant and police witnesses.
* Criminal procedure – appeal – abatement of appeal on death of appellant under court rules.
* Sentencing – factors considered (youth, recovery of stolen property, prevalence of rustling) – necessity of deterrent sentences; sentences below statutory maximum upheld.
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2 December 1986 |
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Appellate court upheld murder conviction, rejecting custom and mental confusion defences and dismissing the appeal.
* Criminal law – Murder – Evidence – Confession to private individuals and conduct at trial – weight and sufficiency of proof. * Customary law – No recognition of customs permitting killing of another human being as a defence to murder. * Mental condition – Alleged mental confusion/diminished responsibility not a recognized exculpatory defence in this case. * Procedure – Defective particulars in information curable under appellate rules (Rule 103).
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2 December 1986 |
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Customary practice and diminished responsibility do not excuse murder; appeal against conviction dismissed.
Criminal law – murder – sufficiency of confession and conduct to prove killing; customary practices as non‑recognised defences; mental confusion/diminished responsibility not a statutory defence; defective particulars curable under procedural rules.
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2 December 1986 |
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Confessions held admissible and corroborated; appeals against murder convictions and death sentences dismissed.
Criminal law – murder – reliance on extra‑judicial confessions – admissibility and voluntariness; waiver of objections not raised at trial; corroboration of confessions by independent evidence (medical/ballistic and traced stolen property).
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1 December 1986 |
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The appellants' convictions based on extra-judicial confessions, duly recorded and corroborated, were upheld and appeals dismissed.
Criminal law – extra-judicial confessions – admissibility where recorded by District Personnel Officer appointed as justice of the peace; voluntariness – failure to object at trial precludes raising on appeal; corroboration of confession by independent evidence; appeal against conviction and sentence dismissed.
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1 December 1986 |
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Unreliable single-child identification and the trial judge’s failure to address an alibi rendered the murder conviction unsafe.
* Criminal law – Identification – single child eyewitness whose account contained inconsistencies and improbable detail – conviction unsafe. * Criminal procedure – Trial judge’s duty to consider and deal with alibi; to confine recapitulation to evidence on record. * Appellate review – safety of conviction where identification evidence is doubtful.
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1 December 1986 |
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Conviction based solely on uncorroborated purchaser testimony was unsafe and therefore quashed.
Criminal law – conviction based on single witness – uncorroborated identification and testimony of purchaser/possible receiver – material inconsistencies and absence of corroboration render conviction unsafe – appellate re‑evaluation on first appeal.
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1 December 1986 |
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Conviction quashed where sole uncorroborated purchaser’s testimony was unreliable and the prosecution’s case was inconsistent.
* Criminal law – conviction unsafe where based on uncorroborated testimony of an interested witness; need for caution in identification evidence.
* Evidence – weight of eyewitness/identification evidence; importance of corroboration and consistency in chronology.
* Appellate review – interference warranted where trial court wrongly founded conviction on unimpressive or uncorroborated evidence.
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1 December 1986 |
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1 December 1986 |
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Court upheld ten-year sentence for corrupt police officer, finding it not manifestly excessive and aggravated by breach of trust.
Criminal law – Corruption – Sentencing – Appeal against sentence – Whether sentence manifestly excessive; Police officer’s position as aggravating factor; Prevention of Corruption Act; Economic and Organised Crime Control Act.
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1 December 1986 |
| November 1986 |
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Appellant’s discovery of alleged adultery constituted legal provocation, reducing murder conviction to manslaughter and sentence to ten years.
Criminal law – murder v. manslaughter – whether discovery of adultery and heat of passion (legal provocation) reduces murder to manslaughter; appellate review of credibility findings and misdirection by trial judge; sentencing after substitution of conviction (remand time, brutality, first offender).
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29 November 1986 |
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Provocation from discovering spouse in adultery reduced murder conviction to manslaughter and ten-year sentence.
Criminal law – murder reduced to manslaughter – provocation on discovering spouse committing adultery; evaluation of disputed witness evidence and appellate intervention where trial judge misdirects on material facts.
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29 November 1986 |
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Appellate court quashed conviction due to misdirection on evidence and incorrect rejection of credibility from a single lie.
Criminal law – conviction for theft by servant – appellate interference in second appeal – misdirection on evidence – assessment of accused’s credibility; lying on one point does not automatically discredit entire testimony.
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29 November 1986 |
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Conviction quashed where trial and appellate courts misdirected on facts and misapplied credibility law.
Criminal law – appellate review of concurrent findings – interference only where findings lack evidential support or courts misdirected; Credibility – lie on one point does not automatically discredit other truthful testimony (falsus in uno, falsus in omnibus not absolute); Theft by servant/false pretences – prosecution must prove dishonest appropriation beyond reasonable doubt; Material misdirection on facts (timing of order, payment and delivery) vitiates conviction.
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29 November 1986 |
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Conviction quashed where eyewitness inconsistencies and weak prosecution evidence made the murder finding unsafe.
Criminal law – murder – adequacy of evidence and witness reliability; inconsistencies between police statements and courtroom testimony; inadmissibility/weight of co-accused exculpatory statements; appellate review where conviction is unsafe.
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29 November 1986 |
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Appeal allowed: murder conviction quashed due to unreliable eyewitnesses and inadmissible co‑accused statements.
Criminal law – sufficiency of evidence – credibility of eyewitnesses – inconsistent statements to police and court – inadmissibility/use of co‑accused exculpatory statements against accused – assessors’ advice and appellate review of safety of conviction.
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29 November 1986 |
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Murder conviction quashed for being based on unreliable, uncorroborated eyewitness evidence; appellant ordered released.
Criminal law – murder – safety of conviction – unreliable and inconsistent eyewitness testimony and lack of corroboration; inadmissible/insufficient weight of co‑accused’s exculpatory statements; assessors’ unanimous not‑guilty advice relevant to safety of conviction.
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29 November 1986 |
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An unsafe murder conviction based on unreliable eyewitnesses and exculpatory co-accused statements was quashed.
Criminal law – Murder – Reliability of eyewitness testimony – Inconsistencies and admissions on cross-examination undermining prosecution case; Co-accused statements – Exculpatory statements cannot be used to convict another accused; Assessors’ opinions – unanimous not-guilty advice as indicator of an unsafe conviction.
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29 November 1986 |
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An appellant's murder conviction was quashed because key eyewitness evidence was unreliable and co‑accused statements could not be used against him.
Criminal law – murder – safety of conviction – credibility and reliability of eyewitnesses; inadmissibility/limited weight of co‑accused statements against an accused; assessors' negative opinion reinforcing appellate intervention.
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29 November 1986 |
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Appellants' murder convictions quashed where hostile witness and inconsistencies left guilt unproven beyond reasonable doubt.
Criminal law – murder – insufficiency of evidence – hostile witness treated improperly at trial; alibi evidence and material inconsistencies creating reasonable doubt – conviction and death sentence quashed.
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29 November 1986 |
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Mere suspicion of theft and refusal to permit an unlawful search do not constitute legal provocation; murder conviction affirmed.
Criminal law – Murder v. manslaughter – Legal provocation – Mere suspicion of theft insufficient for provocation; refusal to permit an unlawful search not provocation – Malice aforethought inferred from nature of weapon and injuries.
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29 November 1986 |
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Suspicion of theft and refusal to be searched do not constitute legal provocation; malice aforethought upheld, murder conviction affirmed.
Criminal law – Murder – Provocation – Whether suspicion of theft constitutes legal provocation – Refusal to permit search – right to refuse search – intent inferred from weapon and injuries – malice aforethought established.
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29 November 1986 |
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Mere suspicion of theft and refusal to be searched do not constitute legal provocation; malice aforethought established and conviction upheld.
* Criminal law – murder – malice aforethought – whether legal provocation exists where only a suspicion of theft; refusal to be searched – no lawful provocation; intent inferred from weapon and injuries.
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29 November 1986 |
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Appeal allowed: convictions quashed where hostile and inconsistent witness evidence left appellants' alibi creating reasonable doubt.
Criminal law – Murder – Appeal against conviction – Credibility and treatment of hostile witness – Effect of inconsistent and delayed witness statements – Alibi and reasonable doubt – Conviction quashed where prosecution failed to prove guilt beyond reasonable doubt.
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29 November 1986 |
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The applicant's appeal against murder conviction dismissed; eyewitness identification and dying declaration found reliable.
Criminal law – Identification evidence – visual identification at night; dying declaration – admissibility and weight; credibility findings – appellate interference; sufficiency of evidence for murder conviction.
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29 November 1986 |
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Eyewitness identification and a dying declaration were held reliable, so conviction and death sentence for murder were affirmed.
* Criminal law – Murder – Identification evidence – Reliability of eyewitness identification where witnesses previously knew accused and saw him under torchlight at close quarters. * Criminal law – Dying declaration – Admissibility and corroborative value in supporting conviction. * Appeal – Safety of conviction – Assessment of totality of evidence (eyewitness testimony, dying declaration, post-mortem).
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29 November 1986 |
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Conviction upheld: cogent civilian identification corroborated a weak nocturnal complainant identification, appeal dismissed.
Criminal law – Robbery with violence – Identification evidence – Complainant’s impaired/night-time identification inadequate – Corroborative civilian identification sufficient to sustain conviction – Concurrent factual findings on identification not to be disturbed on second appeal.
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29 November 1986 |
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Whether eyewitness identification by a known witness sufficed to uphold the applicant's robbery-with-violence conviction.
Criminal law – Robbery with violence – Identification evidence – Visual identification by a known witness in low light – Corroboration where complainant unconscious – Weight of concurrent findings on appeal.
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29 November 1986 |
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The appellant’s conviction upheld because independent eyewitness corroboration validated an otherwise weak complainant identification.
Criminal law – Identification evidence – Reliability of complainant’s identification weakened by darkness and unconsciousness; corroboration by independent eyewitness sufficient to sustain conviction; concurrent factual findings on identification on appeal not easily disturbed.
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29 November 1986 |
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Further particulars including agents' identities, dates, places and character of alleged campaigns must be disclosed in pleadings.
* Civil procedure — Pleadings and particulars — Requirement to disclose identities of agents alleged to have conducted secret campaigns. * Civil procedure — Further particulars — necessity to state dates, places, character of alleged illegal campaigns and alleged enticements/corrupt promises. * Fair trial — Avoidance of surprise and prejudice in pleadings. * Costs — appellate award of costs of appeal while leaving lower court costs order intact.
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6 November 1986 |
Civil Practice and Procedure - Pleadings - Further and better particulars- Whether the further and betterparticulars ordered to befurnished were matters offact or evidence. |
6 November 1986 |
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Appeal concerns sufficiency of identification and connection by recovered stolen property in armed robbery and sentencing.
Criminal law — Identification evidence in armed robbery — Recognition in illuminated conditions; possession/recovery of stolen property linking accused to offence; magistrate convictions and referral to High Court for sentencing in serious armed robbery matters; concurrent long-term sentences.
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2 November 1986 |
| October 1986 |
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Court upheld murder conviction, rejecting provocation defence and finding circumstantial evidence established malice aforethought.
* Criminal law – murder v. manslaughter – sudden provocation – availability and proof of provocation.
* Evidence – weight of cautioned and extra‑judicial statements and witness credibility.
* Circumstantial evidence – premeditation inferred from enticement, preparatory acts and concealment.
* Criminal procedure – assessors’ direction on burden and standard of proof; omission held harmless.
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30 October 1986 |
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Provocation defence rejected; circumstantial and statement evidence established intent, appeal dismissed.
* Criminal law – murder – elements of intent – circumstantial evidence and conduct before and after killing indicating premeditation. * Criminal procedure – admissibility and weight of cautioned and extra-judicial statements. * Evidence – credibility of witnesses and confessions to third parties. * Summing-up – duty to direct assessors on burden and standard of proof in criminal and circumstantial-evidence cases; harmless error doctrine.
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30 October 1986 |
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Jurisdiction previously decided on appeal is res judicata; village-sanctioned land sale in possession upheld and appeal allowed with costs.
* Civil procedure – Res judicata – issue of jurisdiction previously decided on appeal cannot be reopened in same suit.* Administrative/land law – Customary/village land – requirement of village council approval for transfers; effect of transaction witnessed and sanctioned by village authorities and ward secretary.* Possession and title – purchaser in occupation who seeks survey/title cannot be deprived by later allocation from District Land Office.
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30 October 1986 |