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Citation
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Judgment date
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| December 1991 |
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Bailee liable for value of stolen engine; loss-of-use disallowed where vehicle was already unusable; general damages reduced as excessive.
* Contract / Bailment – duty of bailee under section 103 to take ordinary care – liability for value of stolen goods held in custody.* Damages – restitution in integrum – monetary compensation for value of lost engine but not for loss of use where vehicle was already unroadworthy.* General damages – need not be pleaded in particulars; quantum is primarily for trial judge; appellate interference only for wrong principle, irrelevant consideration, omission of relevant facts, or inordinate award.
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23 December 1991 |
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23 December 1991 |
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Appellants' murder convictions quashed for misdirection on accomplice evidence and lack of corroboration.
Criminal law – accomplice evidence (s.142 Evidence Act) – requirement for corroboration and caution – witnesses with interest/immediate suspects – misdirection by trial judge – assessors’ opinions – unsafe convictions – quashing death sentences.
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23 December 1991 |
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Exclusion of a cautioned statement for lack of trial-within-trial did not defeat conviction based on credible eyewitnesses.
Criminal law – Admissibility of cautioned statements – requirement to conduct a trial within a trial on objection; Evidence – credibility of eyewitnesses despite minor inconsistencies; Aiding and abetting – liability for facilitating acts; Defence of compulsion – must operate throughout act to excuse liability.
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23 December 1991 |
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23 December 1991 |
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Failure to call a crucial eyewitness and assessors’ view of provocation led the Court to substitute manslaughter convictions and quash murder convictions.
Criminal law – Non‑production of material eyewitness – permissible adverse inference – when to draw; Provocation – weight of assessors’ concurrent opinion; Substitution of conviction from murder to manslaughter; Sentence and credit for time in custody.
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17 December 1991 |
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Identification by two eyewitnesses and common intention sustain murder conviction despite interpreter recording omission.
Criminal law – Identification evidence – eyewitness identification of a neighbour – credibility and mistaken identity; Criminal procedure – use of interpreter – failure to record interpreter’s identity/oath and belated complaint; Criminal law – common intention – liability for murder when one participant fires fatal shot during joint unlawful purpose (arson).
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17 December 1991 |
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Forgery conviction set aside; convictions for uttering and attempting to obtain money upheld.
Criminal law – Forgery and uttering – False document (cheque) – Attempt to obtain money by false pretences – Circumstantial evidence – Sufficiency of proof of authorship – Investigator acting as prosecutor – No automatic nullification absent prejudice – Possibility of third‑party (Headquarters) involvement.
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3 December 1991 |
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Circumstantial evidence must exclude reasonable innocent explanations before sustaining a murder conviction.
Criminal law – Murder – Circumstantial evidence – Requirement of a complete chain of evidence excluding every reasonable hypothesis of innocence – Appellate intervention where circumstantial proof is not watertight.
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3 December 1991 |
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Failure to attach the decree to a memorandum of appeal renders the appeal invalid and requires dismissal.
Civil procedure – memorandum of appeal – mandatory requirement to accompany memorandum with copy of decree appealed from – non‑compliance renders appeal invalid and liable to dismissal; High Court’s determination of an improperly constituted appeal is a nullity – District Court judgment restored. Exhibits – unstamped exhibits not necessarily fatal. Registered land – disposition requires Commissioner for Lands’ consent.
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3 December 1991 |
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3 December 1991 |
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Appeal allowed: inadequate directions on intoxication and specific intent led to substitution of murder conviction with manslaughter and eight-year sentence.
Criminal law — Intoxication and temporary insanity — Distinction between insanity and capacity to form specific intent for murder — Trial judge’s directions to assessors — Presumption that one intends natural and probable consequences — Substitution of murder conviction with manslaughter where doubt on specific intent.
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3 December 1991 |
| November 1991 |
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Notice of appeal struck out where appeal was out of time, no leave sought, and objectors lacked standing.
Procedure — Appeal — Rule 82 strike out — Notice of appeal struck out for being out of time and filed without leave; standing to appeal — only parties or legal representatives may appeal; leave to appeal and time limits essential; inherent jurisdiction not used to salvage defective appeal.
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29 November 1991 |
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Trial judge’s credibility findings and combined evidence of weapons, arson and statements established intent to kill; appeal dismissed.
* Criminal law – Murder – proof of malice aforethought – use of weapons, arson and express statements as evidence of intent. * Evidence – witness credibility – appellate deference to trial judge who heard witnesses. * Evidence – accomplice/tender-age witness – competence, corroboration and weight of testimony. * Criminal procedure – appeal against conviction – evaluation of alibi and alleged bias.
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15 November 1991 |
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Reported
Evidence - Evidence by witness of tender age - Witness aged fifteen years - Whether needing corroboration.
Evidence - Credibility of witnesses - Trial court best placed to determine credibility.
Criminal Law - Murder - Malice a forethought - Attacking a confessed thief with knife, club, fire, and utterances that he would die and be finished off - Whether establishing malice aforethought. |
15 November 1991 |
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Appellate court upholds murder conviction, deferring to trial court’s credibility findings rejecting self-defence.
Criminal law – Murder – Self-defence pleaded – Credibility of witnesses – Appellate deference to trial court’s findings on credibility – No basis to substitute verdict.
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15 November 1991 |
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Inadmissible confessions to police constables were wrongly received, but medical and circumstantial evidence nonetheless supported murder convictions and death sentences.
* Evidence – Confessions – Admissibility of confessional statements made to police constables and requirement to have such statements repeated before a judicial officer. * Evidence – Improper admission of prior statements used to impeach may permit inadmissible confessions to enter by the back door. * Criminal law – Causation in homicide – medical evidence of suffocation and supporting circumstantial evidence sufficient to establish death by unlawful act. * Sentencing – Mandatory death sentence for murder affirmed where conviction stands.
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15 November 1991 |
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15 November 1991 |
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Appeal against murder conviction dismissed where confessions, recovered property and identification evidence proved guilt beyond reasonable doubt.
* Criminal law – Murder – conviction based on combination of eyewitness evidence, recovery of stolen property and confessions – admissibility and corroborative value of confessions and recovered exhibits.
* Criminal procedure – Arrest and identification – challenge to lawfulness of arrest and connection to recovered items.
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15 November 1991 |
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Appeal against convictions for burglary, robbery and fatal stabbing dismissed; confessions, eyewitness ID and recovered property found reliable.
* Criminal law – Burglary, robbery and fatal stabbing – admissibility and credibility of confessions recorded by local official – ocular identification by villagers and witnesses – recovery of stolen property and weapon as corroboration – sufficiency of evidence to prove guilt beyond reasonable doubt.
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15 November 1991 |
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On appeal the manslaughter conviction was quashed; substituted with assault causing actual bodily harm and the appellant ordered released.
Criminal law – appeal against conviction – manslaughter v. assault causing actual bodily harm; evaluation of medical evidence (blunt object v. fist); failure to call critical witness (deceased’s wife) raising reasonable doubt; sentence and credit for time served.
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15 November 1991 |
| October 1991 |
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A bailee failing statutory care is liable for theft of vehicle parts; exemption clauses do not cover fundamental breach.
* Bailment — duty of care — section 103 Law of Contract Act — bailee liable for loss where ordinary care not exercised
* Exemption / exclusion clauses — construction — do not cover situations arising from fundamental breach going to root of contract
* Proof of special damages — plaintiff must plead and prove special damages; unproven special damages disallowed
* Remedies — replacement of engine and gearbox; general damages for loss of use; costs
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29 October 1991 |
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Proceedings about unsurveyed land heard by a court lacking jurisdiction are null and void; constitutional issues unresolved.
* Civil procedure – Jurisdiction – Suit involving unsurveyed land – Section 63(1) Magistrates' Courts Act 1984 does not empower the High Court to order commencement of such suits before itself; proceedings wrongly before court are null and void.
* Constitutional law – Allegation that a cooperative society constitution barred a resigning member from recovering land and may affect individual constitutional rights (article 24) — raised but not decided due to jurisdictional defect.
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29 October 1991 |
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Appeal dismissed: 1948 Mangi allocation to church upheld; appellant failed to prove adverse possession.
Land law – customary allocations – authority of headman (Mchili) versus chief (Mangi) to allocate or revoke licences; adverse possession – requirements and effect of protest by true owner; civil procedure – reliefs pleaded in defence versus counterclaim; evidence – admissibility and weight of secondary documents (primary court judgment, minutes, sketch plan).
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23 October 1991 |
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22 October 1991 |
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Reported
Criminal Law - Murder - Intoxication as a defence to murder - Not established where the conduct of the accused is inconsistent with a person intoxicated.
Criminal law - Murder - Defence of provocation - Not available where the deceased did not utter or do the acts of provocation alleged. |
22 October 1991 |
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Appellant's intoxication and claim of provocation insufficient to displace conviction for murder; appeal dismissed.
Criminal law – Murder – Effect of intoxication on criminal capacity – Provocation as partial defence – Assessment of credibility and post-offence conduct in proving intent.
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22 October 1991 |
| August 1991 |
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Assaults causing fatal head injuries by the appellants established malice aforethought; belief in witchcraft and unraised drunkenness not exculpatory.
Criminal law – Murder – Assault with stick/bamboo causing fatal head injuries – inference of malice aforethought; Common intention and contemporaneous statements as evidence of intent; Belief in witchcraft not a defence; Drunkenness not raised at trial and unavailable on appeal; Appellate deference to trial judge's credibility findings.
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1 August 1991 |
| July 1991 |
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A reference allowed and a single judge’s extension set aside due to respondent’s prolonged delay and non‑disclosure.
Civil procedure — extension of time to file record of appeal — repeated earlier applications and dismissals for want of prosecution — non-disclosure of prior applications and affidavits — withdrawal of counsel for non-payment — reference and setting aside single judge’s order.
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26 July 1991 |
| June 1991 |
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Taxation of a bill of costs: instruction fees reduced, unsupported items trimmed, and three-quarters of the taxed amount awarded to the appellant.
Costs and taxation – instruction (advocate) fees – scope includes preparatory work and perusals; taxing officer’s duty to assess reasonableness; disbursements lacking receipts may be reduced but allowed where court record evidences attendance; prior appellate directive limiting recoverable proportion (three-quarters) to be applied.
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29 June 1991 |
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Taxing officer reduced excessive instruction and preparation claims, disallowed separate perusals, and fixed respondent's payable share at Shs. 443,493.75.
Taxation of costs; instruction fees and scope (preparation vs court attendance); perusals included in instruction fees (Third Schedule, para 9); reasonableness and proof of disbursements; attendance versus transport allowances; application of appellate cost directions.
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29 June 1991 |
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High Court lacked original jurisdiction over suit for unregistered land; proceedings were nullity and appeal allowed.
Jurisdiction of High Court – suits for possession of unregistered land – Magistrates' Courts Act (s.57(1)/s.63(1)) – requirement for leave – effect of proceedings where court lacks original jurisdiction – reliance on Lyamuya's Case.
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24 June 1991 |
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Reported
Constitutional Law - Jurisdiction of the High Court to enforce basic rights enshrined in the Constitution - Judge raises issue of constitutionality without there being a complaint - Whether judge has jurisdiction.
Bill of Rights - Procedure and practice of the High Court in enforcing constitutional bill of rights - Judge raises issue of constitutionality
without there being any complaint to court - Whether procedurally proper. |
14 June 1991 |
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Reported
Evidence -Identification Parade - Identification ofaccusedperson by way of identification parade — Value of identification parade proceedings where the identifying witness is not called to testify in court - Sections 164(c) and166 of the Evidence Act 1967 |
14 June 1991 |
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Reported
Whether identification‑parade irregularities made the identification unreliable and the conviction unsafe.
* Criminal law – Identification evidence – Identification parade – Admissibility and probative value of parade proceedings – Effect of long interval between event and identification – Hints by parade conductor and dissimilarity of lineup members – Whether irregularities render conviction unsafe.
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14 June 1991 |
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Court affirmed murder convictions despite repudiated/co-accused confessions, finding sufficient corroborative evidence and rejecting the alibi.
Criminal law – Murder – Extra-judicial confessions – Repudiated and co-accused confessions – Requirement for corroboration – Recovery of stolen property and conduct as corroborative evidence – Alibi credibility – Appellate review of sufficiency of evidence.
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14 June 1991 |
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Omission to direct assessors on provocation not fatal where no evidence of provocation; murder conviction upheld.
Criminal law – Murder – Provocation – Direction to assessors – Non‑direction alleged – No evidence of provocation on record – Appeal dismissed.
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14 June 1991 |
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Appeal allowed: inconsistencies in prosecution evidence and admissibility issues left reasonable doubt; murder conviction quashed.
Criminal law – Murder – Self‑defence – Credibility of witnesses and inconsistencies in evidence – Benefit of doubt – Evidence Act (statement under Part IV / s.34B) and admissibility of documents (sketch plan).
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14 June 1991 |
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Appeal dismissed: eyewitness and circumstantial evidence upheld murder conviction; juvenile sentenced to detention during President's pleasure.
Criminal law – murder – sufficiency and credibility of eyewitness evidence; defences of provocation and self‑defence – failure to prove; circumstantial corroboration by possession of stolen goods; sentencing of juvenile offender – detention during President's pleasure (s.26(2) Penal Code).
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14 June 1991 |
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Identification by a surviving witness upheld convictions; belated alibi failed and provocation defence was unavailable, appeals dismissed.
* Criminal law – identification – credibility of single surviving witness – circumstances and consistency can render identification reliable. * Criminal law – alibi – belatedly raised alibi which is unproved does not necessarily create reasonable doubt. * Sentencing – omnibus death sentence for multiple murders – appellate court may set aside omnibus sentence and impose appropriate sentence for one count while leaving others on record. * Criminal law – provocation – defence unavailable where no evidence of abusive words or conduct to justify sudden loss of self-control.
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14 June 1991 |
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Intoxication did not negate malice aforethought; manslaughter conviction quashed and substituted with murder and death sentence.
Criminal law – Intoxication as defence – Whether intoxication negates malice aforethought; evaluation of eyewitness credibility; appellate substitution of conviction and mandatory sentence for murder.
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11 June 1991 |
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Court rejects provocation defence where alleged insults were belated, lacked suddenness, and the killing was premeditated.
Criminal law – Murder – Provocation as defence – Requirement of suddenness and heat of passion; credibility of extra-judicial statements and belated allegations; premeditation and vengeance.
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11 June 1991 |
| May 1991 |
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Omission to allow assessors to question witnesses does not automatically void a High Court trial; lack of prejudice is decisive.
Criminal procedure — Assessors — Role and function of assessors in High Court trials — Failure to afford assessors opportunity to question witnesses does not automatically render trial a nullity; inquiry turns on prejudice and whether assessors had realistic opportunity to participate.
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28 May 1991 |
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Court affirmed convictions for attempted unlawful exportation, finding inconsistencies immaterial given corroboration and appellant’s conduct.
Criminal law – attempted unlawful exportation – airport seizure of briefcase containing foreign currency and minerals; evidence and credibility – inconsistencies in witness statements; corroboration – PW.2 and PW.3 corroborating PW.7; non‑calling of witnesses – adverse inference; sufficiency of evidence to sustain conviction.
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16 May 1991 |
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Accomplice evidence, though dangerous if uncorroborated, may support murder convictions where common intention to use lethal force is proved.
* Criminal law – Murder – Joint enterprise and common intention – Whether defendants, who armed themselves to fish illegally at a guarded dam, shared a common intention to overcome resistance and cause death or grievous harm. * Evidence – Accomplice evidence – Caution in acting on uncorroborated accomplice testimony and requirement (or lack) of corroboration by independent witness. * Proof of presence and identity – sufficiency of independent witness evidence to identify third accused.
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16 May 1991 |
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A statutory blanket prohibition on bail was invalid for lacking constitutionally required procedural safeguards and being overbroad.
* Constitutional law — enforcement of basic rights — High Court jurisdiction under Article 30(3) and (4).
* Personal liberty — Article 15(2)(a) — "procedure prescribed by law" requires meaningful safeguards before denying bail.
* Criminal procedure — section 148(5)(e) CPA — blanket prohibition on bail overbroad and unconstitutional.
* Derogation clauses — Article 30(2)(b)/Article 31 cannot validate measures that are not necessary and justifiable for public safety/defence.
* Separation of powers, presumption of innocence, discrimination — considered but did not determine invalidity here.
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16 May 1991 |
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Reported
Constitutional Law - Basic rights enshrined in the Constitution -Procedure and jurisdiction of the High Court in enforcing basic rights and freedoms - Articles 30(3) and (4) and 108(1) and (2) of the Constitution.
Constitutional Law - Constitutional Bill of Rights and its interpretation - Use ofthe African Charter on Human and People's Rights in interpreting the Bill of Right
Bill of Rights and Freedoms - The Right to personal liberty - The right to bail and circumstances and procedure for denying bail to an accusedperson - Section 148(5)(e) ofthe Criminal Procedure Act 1985 and article 15(2) (a) of the Constitution.
Criminal Practice and Procedure - Bail - Denial of boil in criminal trials: Whether violative of the constitutional presumption of innocence - SectionJ48(5)(e) ofthe Criminal Procedure Act 1985 and article 13(6)(b) of the Constitution Constitutional Law - Bill of Rights and Criminal Practice and Procedure - The Right to gunlity before the law: Whether violated by denial of bail - Section 148(5)(e) of the Criminal Procedure Act 1985 and article 13 (4) and (5) of the Constitution
Constitutional Law - Doctrine of Separation of Powers - Statutory provisions prohibiting the grant of bail - Whether they violate the doctrine of separation of powers
Bill of Rights - Derogation Clauses in the Bill of Rights - Circumstances in which statutory provisions violating basic rights and freedoms may be saved by derogation clauses - Section 148(5)(e) of the Criminal Procedure Act 1985 and article 30 of the Constitution. |
16 May 1991 |
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A statutory prohibition on bail lacking prescribed procedural safeguards violates the Constitution's protection of personal liberty.
Constitutional law — Bail — Section 148(5)(e) Criminal Procedure Act — Deprivation of personal liberty must be 'in certain circumstances and subject to a procedure prescribed by law' (Article 15(2)(a)) — Lack of adequate procedural safeguards renders statutory bail prohibition unconstitutional — High Court jurisdiction under Article 30 to entertain rights challenges — Overbreadth cannot be saved by Article 30(2)(b).
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16 May 1991 |
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Appeal allowed in part: marriage dissolved; registered title to Plot No.15 upheld for the appellant; custody of minors awarded to appellant.
Family law — divorce — irretrievable breakdown of marriage — custody of children — best interests of the child; Property — registered title and title deed — admissibility under s.40 Land Registration Ordinance and s.100 Evidence Act — presumption of ownership; Procedural — unpleaded claims raised in evidence not entertained.
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16 May 1991 |
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Fresh visual identification and possession of a stolen vehicle part upheld appellants' robbery convictions and 15-year sentences.
Criminal law – Robbery with violence – Visual identification within 24 hours; corroboration by witness placing accused near stolen vehicle; possession of ignition switch linked to stolen vehicle; identification parade not obligatory; sentence enhancement for robbery with firearm justified.
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16 May 1991 |