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Citation
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Judgment date
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| 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 |
| 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 |
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Civil Practice and Procedure - Pleadings - Further and better particulars- Whether the further and betterparticulars ordered to befurnished were matters offact or evidence
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6 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 |
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An unapproved sale in a registered village is void; a validly registered certificate of occupancy defeats unregistered informal interests.
Land law – Registered certificate of occupancy – effect of first registration and indefeasibility (Cap.334 s.33(1)(b)); sale in a registered village – need for Village Council approval under Directions made under Villages and Ujamaa Villages Act (1975) – disposition without approval void; planning area status – relationship between native/customary occupancy and statutory right of occupancy; damages for delay – necessity to prove readiness, willingness and ability to build.
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30 October 1986 |
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Land Law - Right of occupancy granted over land held under customary law - Whether the right of occupancy extinguishes the title held under customary law
Land Law - Land held under customary law - Area declared a planning area - Whether holder of land under customary law is automatically rendered a squatter
Land Law - Disposition of land held under the Villages and Ujamaa Villages Act, 1975 -Approval of disposition by the village council not obtained - Disposition void
Villages and Ujamaa Villages Act, 1975 - Disposition of land under the control of a village -Approval of disposition by village council necessaiy
Villages and Ujamaa Villages Act, 1975 - Disposition of land under the control of a village -Approval of disposition given by the H Branch CCM chairman and ward secretary - Whether approval given by Village Council
Damages - The Rightful owner of land could not build on it because of a trespasser- No evidence that owner was ready, willing and able to build - Only nominal damages awardable
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30 October 1986 |
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A trial judge's misidentification of a witness and resulting factual error vitiated an ex parte judgment, which was set aside.
Civil procedure – substituted service – sufficiency of proof of service and conflicting affidavits on notice of summons. Civil procedure – ex parte judgment – setting aside where defendant alleges non-service. Appellate review – material error of fact and misidentification of witnesses vitiating credibility findings and ruling
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9 October 1986 |
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Trial judge’s factual mistake vitiates substituted-service ex parte judgment; judgment set aside and defendant granted leave to defend.
- Civil procedure – substituted service – validity of service by affixing notice to defendant’s dwelling – effect on ex parte judgment.- Civil procedure – applications to set aside ex parte judgments – role of contradictory affidavits and need for viva voce evidence to resolve credibility.- Appellate review – material error of fact by trial judge (mistaken identity/false finding that party testified) vitiates ruling and warrants setting aside judgment.
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9 October 1986 |
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Appeal dismissed: confession, dying statements and multiple stab wounds upheld murder conviction, provocation rejected.
Criminal law – murder – extra-judicial confession – dying declaration – admission to arresting officer – provocation not established – malice inferred from multiple stab wounds and force.
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8 October 1986 |
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Confession, dying declarations and post-mortem evidence proved murder; a lone verbal remark did not constitute legal provocation.
Criminal law – Murder – Extra-judicial statement/confession – admissibility and weight where no objection made at trial. Criminal law – Dying declaration – admissibility and corroborative value. Criminal law – Provocation – what constitutes legal provocation; single verbal remark insufficient. Criminal law – Inference of malice from weapon, multiple stab wounds and post-mortem evidence
Appeal – Sufficiency of evidence to sustain conviction for murder; appeal dismissed
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8 October 1986 |
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Extra-judicial confession, dying declaration and medical evidence upheld; alleged words did not constitute legal provocation; appeal dismissed.
Criminal law – murder – extra-judicial confession – admissibility and weight of confession; dying declaration corroboration; post-mortem evidence (multiple stab wounds, cut liver, haemorrhage); provocation – whether words amounted to legal provocation; inference of malice from weapon, number of wounds and force used.
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8 October 1986 |
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Murder conviction upheld: confession and dying declarations credible; alleged taunt did not amount to legal provocation.
Criminal law – confession – admissibility and weight of extra-judicial statement to a Justice of the Peace; Evidence – dying declaration – credibility and corroboration; Criminal law – provocation – words “your time is gone” not legal provocation; Evidence – inference of malice from multiple, forceful stab wounds.
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8 October 1986 |
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Failure to file the mandatory memorandum under Rule 65(5) leads to dismissal; concurrent factual findings upheld.
Criminal appeal – procedural compliance – Rule 65(5) Court of Appeal Rules – failure to file memorandum of appeal – dismissal; appellate review – deference to concurrent findings of fact supported by credible evidence.
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8 October 1986 |
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Appeal dismissed under Rule 65(5) for failure to file a memorandum; lower courts' concurrent findings supported by credible evidence.
Criminal procedure – appeal – non‑compliance with Court of Appeal Rules (Rule 65(5)) – failure to file memorandum of appeal – dismissal. Appellate review – concurrent findings of fact – credibility and cogent evidence – appeal lacking prospect of success. Appellate practice – court may consider merits in passing despite procedural dismissal
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8 October 1986 |
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Sudden bill-hook attack and extrajudicial admission established malice aforethought; appeal against murder conviction dismissed.
Criminal law – Murder – Malice aforethought established by extrajudicial confession, nature of weapon and injuries, and suddenness of attack. Criminal law – Provocation – Suspicions and prior disputes remote in time and insufficient to reduce offence to manslaughter. Criminal law – Intoxication – Evidence of drinking without proof of incapacity does not negate mens rea
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7 October 1986 |
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Extra-judicial admission, eyewitnesses and the lethal nature of the blow established malice aforethought; appeal dismissed.
Criminal law – Murder – Malice aforethought established by nature of weapon, fatal blow and extra-judicial admission
Provocation – Past, groundless suspicion months earlier does not amount to legal provocation
Intoxication – Mere consumption of liquor without evidence of incapacity does not negate intent
Evidence – Eyewitness identification and extra-judicial confession carry decisive weight in establishing guilt
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7 October 1986 |
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Confessions to several persons, corroborated by post-mortem strangulation findings, upheld a murder conviction despite retraction.
Criminal law – Confession – Retraction – Need for corroboration where confession retracted; Post-mortem evidence – Strangulation with ligature as corroboration of confession; Sufficiency of evidence – appellate review of trial court’s credibility findings.
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7 October 1986 |
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Retraction of an extra‑judicial confession does not preclude conviction where independent confessions and post‑mortem evidence corroborate murder.
Criminal law – confession and corroboration – retracted extra‑judicial confession – corroboration by independent witness admissions and post‑mortem evidence (strangulation) – weight of unsworn statement.
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7 October 1986 |
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Confession corroborated by other evidence established malice; unsworn in‑court account was insufficient—appeal dismissed.
Criminal law – Murder – confession to a Justice of the Peace and admissions to police – corroboration by injuries and witnesses – inconsistency of unsworn in‑court statement – malice aforethought; no provocation.
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7 October 1986 |
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A confession to a Justice of the Peace and corroborating evidence established deliberate murder; provocation not proven.
Criminal law – Murder – Confession to Justice of the Peace – weight and reliability of confession and corroborating statements; Criminal procedure – Unsigned/unsworn in‑court statement – credibility when inconsistent with prior statements; Homicide – provocation and malice aforethought – whether evidence supports reduction of charge; Evidence – death by cut wound to neck established despite decomposition.
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7 October 1986 |
| August 1986 |
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Leave to appeal refused because the limitation issue involves disputed facts requiring a full trial.
Limitation — whether claim barred by six-year prescription — start date of limitation period contested by conflicting documentary and oral evidence
Limitation — mixed question of law and fact — where factual disputes exist, limitation cannot be resolved without a full hearing. Appeal/leave to appeal — leave refused where resolution requires evidence and trial assessment rather than a pure point of law
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4 August 1986 |
| July 1986 |
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Application to appeal out of time dismissed for casual conduct and ineffective appearance by State counsel.
Criminal procedure – application to file appeal out of time – extension of time – dismissal for want of prosecution due to ineffective appearance by State counsel; Rule 58(1) and Rule 58(3) of the Rules.
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16 July 1986 |
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Criminal Practice and Procedure - Economic crime committed before the Economic and Organized Crime Control Act, 1984 came into force - Case then pending with the Police - Whether G accused couldproperly be charged before an Economic Crimes Court when the Act became operational
Economic and Organized Crime ControlAct, 1984 - Interpretation - The word “ruling" in s.2 ofthe Act -Whether to be given a restrictive meaning
Criminal Law - Evidence - Defence evidence raises serious doubts as to the guilt ofthe appellant
Evidence - Standard ofproof-Prosecution evidence is not strong and defence evidence raises serious doubts as to the guilt ofthe appellant
Sentencing - Judge alone sentencing the appellant - Whetherproper - Economic and Organized Crime Control Act, 1984, s.16
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4 July 1986 |
| June 1986 |
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High Court conducting a trial on appeal without records and calling witnesses is a nullity; appeal restored for rehearing.
Appeal procedure – Improper conduct of appeal by trial de novo – High Court judge calling witnesses on own motion – Proceedings and judgment held a nullity – Appeal restored for proper hearing.
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5 June 1986 |
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Whether the employer validly terminated for repeated failure to proceed and whether the arbitrator adequately considered extension of time.
Contract law – construction contracts – clause 25(1)(b) – notice of default, repetition vs continuance of default, and ten‑day termination requirement; Arbitration – jurisdiction and conduct of arbitrator – adequacy of consideration of extension‑of‑time claims; Remission of monetary award for inadequate reasoning and recalculation; Orders as to plant/equipment and costs
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4 June 1986 |
| May 1986 |
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Court allowed additional evidence to decide whether disputed land lies in a registered village requiring village council approval.
Civil procedure – Application for additional evidence on appeal – Admissibility where evidence is relevant to jurisdictional/ statutory questions of village land. Land law – village registration under Village and Ujamaa Villages (Registration, Designation and Administration) Act, 1975 – effect on transfers and requirement of village council approval
Procedure – Court-directed taking of additional evidence and summons of witness
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14 May 1986 |
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Court allowed additional evidence to determine whether disputed plot lies in a registered village and if village approval is required for transfer.
Civil procedure – Application for additional evidence on appeal – Admissibility where evidence may determine applicability of village land law; Land law – whether land lies within a registered village; Village and Ujamaa Villages (Registration, Designation and Administration) Act 1975 – requirement of Village Council approval for disposition of village land.
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14 May 1986 |
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Whether prosecution proved murder beyond reasonable doubt and whether appellant's provocation/self‑defence claim was credible.
Criminal law – Murder – Sufficiency of evidence to prove unlawful killing beyond reasonable doubt – Credibility of eyewitnesses and medical evidence; defences of provocation and self‑defence – aggressor versus person acting in self‑defence.
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14 May 1986 |
| April 1986 |
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Court of Appeal has no jurisdiction to order concurrent sentences when no appeal is pending; application refused.
Appellate jurisdiction – Court of Appeal is a creature of statute; powers limited to dealing with appeals and incidental orders; no jurisdiction to grant concurrent sentences in a standalone application; reliance on trial‑court provisions or High Court appellate authorities is irrelevant where no appeal is before the Court of Appeal
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28 April 1986 |
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The Court of Appeal has no jurisdiction to order concurrent sentences in absence of an appeal; application refused.
Appellate jurisdiction — Court of Appeal’s powers are statutory and exercisable only when dealing with an appeal under the Appellate Jurisdiction Act and Court of Appeal Rules. Concurrent sentences — Power to order concurrent terms at trial (Penal Code s.36) or on High Court appeal does not vest the Court of Appeal to make such orders absent an appeal. Procedural limitation — Applications seeking orders incidental to sentencing must be brought in the forum having jurisdiction; Court of Appeal cannot grant relief outside an appeal
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28 April 1986 |
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Court of Appeal cannot order concurrent sentences where no appeal is before it.
Criminal procedure — Concurrent sentences — Court of Appeal jurisdiction — Appellate Jurisdiction Act s.3 and Court of Appeal Rules r.36 restrict powers to orders made in course of dealing with appeals — Penal Code s.36 and Cr.P.C. s.133 do not empower Court of Appeal to order concurrence outside appeals.
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28 April 1986 |
| March 1986 |
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Whether the Tribunal and Minister had jurisdiction under s9A/s9B and power to order reinstatement — court upheld the applicants.
Labour law – Trade dispute – Jurisdiction under Permanent Labour Tribunal Act s9A/s9B; necessity of trade union involvement; consultation requirements under Security of Employment Act s6(1)(g); Ministerial power to order reinstatement; review by certiorari and delay considerations.
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29 March 1986 |
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Improper pleadings (a "counterclaim to a counterclaim") and inconsistent decree/execution figures rendered the trial a nullity.
Civil procedure – Pleadings – No legal basis for a "counterclaim to a counterclaim"; a single counterclaim only – Pleadings must fairly define issues tried. Civil procedure – Trial and judgment – Court must decide issues it tried; observations without final findings create unsatisfactory judgments
Execution – Decree and execution figures must correspond; material variance may invalidate enforcement
Remedy – Fundamental procedural and substantive divergence can render trial a nullity; appellate court may quash decree and exclude time for limitation to allow fresh proceedings
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29 March 1986 |
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Improper pleadings and material variances between proceedings, judgment and execution rendered the trial a nullity.
Civil procedure – Pleadings – No such pleading as a 'counterclaim to a counterclaim'; only one counterclaim permitted – Pleadings must identify causes of action – Trial must be confined to pleaded issues – Judgment and decree must correspond with what was tried – Variance between decree and execution application vitiates proceedings – Trial declared nullity.
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29 March 1986 |
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Dying declaration admissible but unsafe without corroborative circumstantial evidence; conviction quashed.
Criminal law – Dying declaration – admissibility where elicited by non-leading questions by witnesses. Criminal law – Dying declaration – effect of declarant's fluctuating capacity; requirement for corroboration before convicting. Criminal law – Circumstantial evidence – necessity of adequate corroboration to support identification and guilt
Evidence – Leading questions – distinction between permissible clarifying questions and impermissible leading examination
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26 March 1986 |
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Claim of self‑defence rejected; evidence established malice aforethought and murder, appeal dismissed.
Criminal law – Murder – Whether killing was committed with malice aforethought; Self‑defence – Validity of plea of legitimate self‑defence where physical injuries and witness accounts are inconsistent with alleged attack; Evidence – Reliance on eyewitness testimony and prior threats; accused's post‑offence conduct and failure to call supporting witnesses as factors bearing on credibility.
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26 March 1986 |
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Self‑defence rejected; prior threats and conduct supported malice aforethought, murder conviction and death sentence upheld.
Criminal law – murder – assessment of self‑defence claim; credibility of witnesses; prior threats and conduct after offence as circumstantial evidence of malice aforethought; adverse inference from failure to call material witnesses.
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26 March 1986 |
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A repudiated extra-judicial confession requires independent corroboration; failure to direct assessors on this invalidates the conviction.
Criminal law – Confession – Repudiated extra-judicial confession requires independent corroboration before it may support a conviction. Criminal procedure – Trial judge’s duty – Must direct self and assessors on need for corroboration of a repudiated confession; failure may invalidate proceedings
Evidence – Contradictions in prosecution witnesses can diminish weight and necessitate corroboration. Where no independent incriminating corroboration exists, conviction must be quashed and retrial may be futile
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26 March 1986 |
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Reported
Criminal Law - Self-defence - Excessive force used-Unlawful
Criminal Practice and Procedure - Arrest - Arrest by people’s militia on instruction of village chairman or committee - Whether lawful
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26 March 1986 |
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Reported
Criminal Practice and Procedure - Insanity - When section 168A of the Criminal Procedure Code may be invoked
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26 March 1986 |
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Reported
Evidence - Dying declaration - Declaration made in answer to questions - None of the questions was leading question - Whether admissible in evidence
Evidence - Corroboration - Dying declaration - Declaration made while deceased was in fluctuating capacity to talk - Whether safe to base conviction upon it without corroboration
Evidence - Corroboration - Corroborative circumstantial evidence - An important gap in the circumstantial evidence - Whether it can corroborate
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26 March 1986 |
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Resistance to an unlawful village arrest was lawful, but excessive force converted self‑defence into manslaughter.
Criminal law – unlawful arrest by village authorities – absence of statutory arrest power – right to resist unlawful arrest – proportionality of force in self‑defence – excessive force converts lawful resistance into manslaughter (Penal Code self‑defence principles).
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26 March 1986 |
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Resistance to an unlawful village arrest justified but lethal, disproportionate force warranted reduction from murder to manslaughter.
Criminal law — unlawful arrest by village authorities — right to resist unlawful arrest — limits of self‑defence — excessive force converts lawful resistance to culpable homicide; conviction substituted from murder to manslaughter.
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26 March 1986 |
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Appeal dismissed: conviction upheld; medical evidence and credible eyewitness account disproved accidental death, no sufficient basis to refer for insanity.
Criminal law – Murder – credibility of eye‑witness account; medical evidence corroborating homicidal blows versus accidental fall. Criminal procedure – Mental disorder – Referral under s.168A only where it appears accused may be insane; discretionary and requires material on record
Appeal – appellate court will not disturb trial judge's findings of fact and credibility absent compelling material
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26 March 1986 |
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Appeal against murder conviction dismissed; witness credibility and medical evidence supported intentional killing, no sufficient basis to trigger insanity inquiry.
Criminal law – Murder of infant – credibility of sole eyewitness (mother) and corroboration by medical report. Criminal procedure – Insanity inquiries – section 168A – when trial court must order psychiatric examination
Evidence – accidental fall versus intentional assault; assessors and unraised defences
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26 March 1986 |
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Reported
Criminal Law - Murder- Malice aforethought - Stabbing followed by words "you must die today" took place in heat of passion generated by fight and commotion - Whether premeditated killing
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26 March 1986 |
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Appellant's murder conviction upheld after court found eyewitness credible and rejected claimed self-defence.
Criminal law – Murder – Eyewitness credibility – Unswrorn accused's statement – Self-defence and provocation – Malice aforethought – Appeal dismissed.
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26 March 1986 |
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The appellant's murder conviction was upheld; eyewitness and medical evidence disproved claimed self-defence.
Criminal law – Murder – Eyewitness credibility – Assessing unsworn statements – Self-defence claim rejected for lack of evidence – Medical evidence of fatal penetrating chest wound establishing causation and malice aforethought.
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26 March 1986 |