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63 judgments found.
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December 1991
Bailee liable for engine value; loss-of-use disallowed where vehicle already unusable; general damages reduced on appeal.
Contract — storage of goods
— Liability for loss of goods in custody
— restitution in integrum
Damages — General damages
— appellate court will only disturb quantum if wrong principle applied or award is inordinately high
— Pleadings and appellate interference
Damages — Loss of use of vehicles — No award where vehicle was already unusable from prior accident
23 December 1991
23 December 1991
Conviction quashed where trial judge misdirected on accomplice evidence and assessors’ opinions, and witnesses lacked corroboration.
Criminal law
— Assessors’ opinions — Trial judge must accurately present assessors’ views and not misstate their opinions
— Murder — conviction based on uncorroborated evidence
Evidence — Accomplice evidence — requires corroboration — Evidence Act s.142
23 December 1991
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
— aiding and abetting — liability for facilitating acts
— Evidence — credibility of eyewitnesses despite minor inconsistencies
23 December 1991
23 December 1991
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
Criminal law — Provocation
— Sentence and credit for time in custody
— Substitution of conviction from murder to manslaughter
— weight of assessors’ concurrent opinion
17 December 1991
Identification by two eyewitnesses and common intention sustain murder conviction despite interpreter recording omission.
Criminal law
— Common intention — liability for murder when one participant fires fatal shot during joint unlawful purpose (arson)
— identification evidence — eyewitness identification of a neighbour — credibility and mistaken identity
Criminal procedure — use of interpreter
17 December 1991
Forgery conviction set aside; convictions for uttering and attempting to obtain money upheld.
Criminal law — Forgery and uttering
— Attempt to obtain money by false pretences
— Circumstantial evidence
— False document (cheque)
— No automatic nullification absent prejudice
— Possibility of third‑party (Headquarters) involvement
— Sufficiency of proof of authorship
— Investigator acting as prosecutor
3 December 1991
Circumstantial evidence must exclude reasonable innocent explanations before sustaining a murder conviction.
Criminal law — Murder — circumstantial evidence — Appellate intervention where circumstantial proof is not watertight
3 December 1991
Failure to attach the decree to a memorandum of appeal renders the appeal invalid and requires dismissal.
Civil procedure
— High Court’s determination of an improperly constituted appeal is a nullity — District Court judgment restored
— Memorandum of Appeal — non‑compliance renders appeal invalid and liable to dismissal
Criminal law — Exhibits — unstamped exhibits not necessarily fatal
Land law — Registered land — disposition
3 December 1991
3 December 1991
Conviction for murder quashed for inadequate directions on intoxication; substituted with manslaughter and eight years' imprisonment.
Criminal law
— Intoxication — whether drunkenness negates specific intent for murder — Necessity of clear directions to jury/assessors
— substitution of conviction — murder to manslaughter where malice not proved
3 December 1991
November 1991
Notice of appeal struck out where appeal was out of time, no leave sought, and objectors lacked standing.
Civil procedure — Procedure — Appeal
Civil procedure — standing to appeal
— inherent jurisdiction not used to salvage defective appeal
— leave to appeal and time limits essential
— only parties or legal representatives may appeal
29 November 1991
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
Criminal procedure — Appeal against conviction — evaluation of alibi and alleged bias
Evidence
— accomplice/tender-age witness — competence, corroboration and weight of testimony
— Witness credibility — appellate deference to trial judge who heard witnesses
15 November 1991
Reported
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
Evidence
— Credibility of- Witnesses — Trial court best placed to determine credibility
— Evidence by witness of tender age — Witness aged fifteen years — Whether needing corroboration
15 November 1991
Appeal dismissed: trial court correctly rejected self‑defence; appellate court will not disturb credibility findings.
Criminal law — Murder — self‑defence — Assessment of witness credibility
15 November 1991
Admissibility of police-recorded confessions and sufficiency of medical evidence of death in a murder appeal.
Criminal law
— Confession to police — Admissibility and weight of an uncontradicted confession to a police officer empowered under the Evidence Act — Evidence Act s.27
— Medical evidence on cause of death — Whether medical opinion supported by surrounding circumstances suffices to establish homicidal cause
— prior inconsistent statements — Whether a police-recorded prior statement used to impeach may improperly admit an inadmissible confession
15 November 1991
15 November 1991
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
15 November 1991
The appellants' confessions, corroborated by recovered property and eyewitnesses, supported convictions and dismissed the appeal.
Criminal law — Burglary and robbery — Admissibility and weight of confessions — Confessions corroborated by recovery of stolen property and eyewitness accounts
Criminal procedure — Arrest and identification — challenge to lawfulness of arrest and connection to recovered items — Lawful connection of accused to exhibits through community identification and recovery circumstances
Evidence — Ocular identification and eyewitness testimony — Credibility and sufficiency of village eyewitnesses to support conviction
15 November 1991
On appeal the manslaughter conviction was quashed; substituted with assault causing actual bodily harm and the appellant ordered released.
Criminal law — Appeal against conviction
— evaluation of medical evidence (blunt object v. fist)
— manslaughter
— sentence and credit for time served
15 November 1991
October 1991
A bailee failing statutory care is liable for theft of vehicle parts; exemption clauses do not cover fundamental breach.
Tort — Unproven special damages disallowed remedies
— costs
— general damages for loss of use
— replacement of engine and gearbox
29 October 1991
Proceedings about unsurveyed land heard by a court lacking jurisdiction are null and void; constitutional issues unresolved.
Civil procedure — jurisdiction
— proceedings wrongly before court are null and void
— Suit involving unsurveyed land
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
29 October 1991
Whether a Mangi’s 1948 reallocation extinguished a prior licence and defeated the applicant’s adverse possession claim.
Evidence — Admissibility of documents — Reliance on judgment against third party and hearsay — Weight of exhibits D1, D3, D4
Land law
— adverse possession — Occupation by permission/licence not adverse — Requirement of exclusive, adverse possession (animo possidendi) and absence of permission
— Land allocation — revocation of allotment — Effect of reallocation on prior licence
23 October 1991
22 October 1991
Reported
Criminal law — Murder
— Defence of Provocation — Not available where the deceased did not utter or do the acts of provocation alleged
— Intoxication as a defence to murder — Not established where the conduct of the accused is inconsistent with a person intoxicated
22 October 1991
Appellant's intoxication and claim of provocation insufficient to displace conviction for murder; appeal dismissed.
Criminal law — Murder — Provocation as partial defence — Assessment of credibility and post-offence conduct in proving intent
22 October 1991
August 1991
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
— Appellate deference to trial judge's credibility findings
— Common intention and contemporaneous statements as evidence of intent
— Drunkenness not raised at trial and unavailable on appeal
— inference of malice aforethought
1 August 1991
July 1991
Full court set aside single judge’s extension of time due to respondent’s prolonged inaction and prior applications.
Civil procedure — extension of time — application for extension to file Notice of Appeal and record of appeal — Whether repeated earlier applications, withdrawals and unexplained delay justify refusal of further extension
26 July 1991
June 1991
Taxation of a bill of costs: instruction fees reduced, unsupported items trimmed, and three-quarters of the taxed amount awarded to the appellant.
Civil procedure — Costs and taxation — instruction (advocate) fees
— disbursements lacking receipts may be reduced but allowed where court record evidences attendance
— prior appellate directive limiting recoverable proportion (three-quarters) to be applied
— scope includes preparatory work and perusals
— taxing officer’s duty to assess reasonableness
29 June 1991
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.
29 June 1991
High Court lacked original jurisdiction over suit for unregistered land; proceedings were nullity and appeal allowed.
Civil procedure — Jurisdiction of high court — suits for possession of unregistered land
24 June 1991
Reported
Constitutional law
— 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
— 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
14 June 1991
Reported
Evidence — 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
14 June 1991
Reported
Whether parade procedural defects and delay rendered the appellant’s identification and conviction unsafe.
Criminal law
— identification evidence — Validity of identification parade — Reliance on court identification over parade register
— Identification parade — delay and potential afterthought undermine value — Court must assess reliability against surrounding circumstances
Criminal procedure — identification parade — procedural defects and impact on reliability
14 June 1991
Court affirmed murder convictions based on voluntary extra‑judicial confessions corroborated by conduct and recovered property.
Criminal law
— Alibi defence — Rejection of belated and inconsistent alibi evidence
— Evidence — Extra‑judicial confessions — Voluntariness and admissibility
— Murder — confession and corroboration — Circumstantial corroboration of confessions by conduct and recovered property
14 June 1991
Absence of evidential basis for provocation defeats an appeal based on non‑direction to assessors.
Criminal law — Murder- Provocation — duty to address provocation to assessors
Criminal procedure — summing up to assessors — direction on self‑defence only required where evidence raises that defence
14 June 1991
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
14 June 1991
Appeal dismissed: eyewitness and circumstantial evidence upheld murder conviction; juvenile sentenced to detention during President's pleasure.
Criminal law — Murder
— circumstantial corroboration by possession of stolen goods
— sufficiency and credibility of eyewitness evidence
Criminal law — sentencing of juvenile offender — detention during President's pleasure
14 June 1991
Identification by a surviving witness upheld convictions; belated alibi failed and provocation defence was unavailable, appeals dismissed.
Criminal law
— alibi — belatedly raised alibi which is unproved does not necessarily create reasonable doubt
— identification — credibility of single surviving witness — circumstances and consistency can render identification reliable
— Provocation — defence unavailable where no evidence of abusive words or conduct to justify sudden loss of self-control
— 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
14 June 1991
Intoxication did not negate malice aforethought; manslaughter conviction quashed and substituted with murder and death sentence.
Criminal law — Intoxication as defence
— appellate substitution of conviction and mandatory sentence for murder
— evaluation of eyewitness credibility
— Whether intoxication negates malice aforethought
11 June 1991
Court rejects provocation defence where alleged insults were belated, lacked suddenness, and the killing was premeditated.
Criminal law — Murder — Provocation as defence
— credibility of extra-judicial statements and belated allegations
— premeditation and vengeance
— Requirement of suddenness and heat of passion
11 June 1991
May 1991
Omission to allow assessors to question witnesses does not automatically void a High Court trial; lack of prejudice is decisive.
Criminal procedure — assessors
— inquiry turns on prejudice and whether assessors had realistic opportunity to participate
— Role and function of assessors in High Court trials
28 May 1991
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
Criminal law — corroboration — PW.2 and PW.3 corroborating PW.7
Criminal law — evidence and credibility — inconsistencies in witness statements
Criminal law — non‑calling of witnesses
— adverse inference
— sufficiency of evidence to sustain conviction
16 May 1991
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
16 May 1991
A statutory automatic ban on bail was struck down as overbroad and lacking constitutionally required procedural safeguards.
Constitutional law
— right to fair hearing (Article 13(6)(a)) — Denial of bail not equivalent to conviction or unlawful discrimination
— right to personal liberty (Article 15) — procedural safeguards required for lawful deprivation
Criminal procedure — Bail — Bailability — Statutory ban under s.148(5)(e): overbreadth and failure of proportionality (Article 30(2)(b) inapplicable)
16 May 1991
Reported
Constitutional law — Basic rights enshrined in the Constitution -Procedure and jurisdiction of the High Court in enforcing basic rights and freedoms
Constitutional law — 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
Constitutional law — Constitutional Bill of Rights and its interpretation
Constitutional law — Constitution constitutional law
— Doctrine of Separation of Powers — Statutory provisions prohibiting the grant of bail — Whether they violate the doctrine of separation of powers
Constitutional law — 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
Criminal law
— Criminal practice and procedure bail — Denial of boil in criminal trials: Whether violative of the constitutional presumption of innocence — SectionJ48
— Rights and criminal practice and procedure — The Right to gunlity before the law: Whether violated by denial of bail
16 May 1991
Section 148(5)(e) prohibiting bail was unconstitutional for lacking prescribed procedural safeguards and being overly broad.
Constitutional law — right to personal liberty (Article 15) — procedural safeguards required for lawful deprivation
Criminal procedure — Bail
Criminal procedure — Saving clause (Article 30) — proportionality and limits
— High Court jurisdiction to enforce fundamental rights (Article 30(3),(4))
— overbroad statutes not saved
Criminal procedure — separation of powers — legislature may limit discretion without usurping judicial adjudication
16 May 1991
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
— Procedural — unpleaded claims raised in evidence not entertained
— Property — registered title and title deed — admissibility — presumption of ownership
16 May 1991
Fresh visual identification and possession of a stolen vehicle part upheld appellants' robbery convictions and 15-year sentences.
Criminal law — Robbery with violence
— corroboration by witness placing accused near stolen vehicle
— identification parade not obligatory
— possession of ignition switch linked to stolen vehicle
— sentence enhancement for robbery with firearm justified
— Visual identification within 24 hours
16 May 1991