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Citation
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Judgment date
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| 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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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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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 |
| 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 |
| 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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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 |
| March 1991 |
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A conviction rested on an uncorroborated dying declaration is unsafe without independent supporting evidence.
Criminal law – evidence – dying declaration – repetition shows consistency but not guaranteed accuracy; corroboration required for safe conviction; identification in darkness and absence of motive raise serious doubt.
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21 March 1991 |
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Whether a High Court declaration that s.148(4)–(5) C.P.A. is unconstitutional binds a Principal Resident Magistrate under the doctrine of precedent.
* Criminal procedure – Bail – Section 148(4) and (5) C.P.A. – constitutionality – High Court declaration of unconstitutionality of entire subsection (5) binds lower courts.
* Doctrine of precedent – Ratio decidendi binds lower courts; obiter dicta do not – determining scope of issues decided in prior case.
* Conflicting High Court decisions – where one High Court decision covers the whole subsection its ratio is binding on subordinate tribunals.
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21 March 1991 |
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A lower court is bound by a High Court ratio declaring s.148(4)–(5) of the Criminal Procedure Act unconstitutional, permitting bail.
Criminal procedure — Bail — s.148(4) & (5) Criminal Procedure Act — constitutionality — ratio decidendi vs obiter — binding precedent on lower courts — effect of alleged conflicting High Court decisions.
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21 March 1991 |
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Reported
Court of Appeal Rules - Notice of Intention to Appeal - Essentials of a Notice of Appeal - Form and Content of a Notice of Appeal - Form D in the First Schedule to the Court of Appeal Rules 1979.
Civil Practice and Procedure -Appeals to the Court of Appeal — Time in which to appeal and steps necessary to take before instituting appeal- Rule 83 of the Court of Appeal Rules 1979.
Court of Appeal Rules - Right to apply for extension of time to appeal - Whether provisions prescribing period in which necessary steps for instituting appeals should be taken are mandatory - Rules 8 and 83 of the Court of Appeal Rules 1979. |
11 March 1991 |
| February 1991 |
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An objection to execution disputing ownership of attached property must be brought in the executing court, not the Court of Appeal.
* Civil procedure – Execution of judgment – Objections to execution (dispute over ownership of assets) must be raised in the executing court, not before the Court of Appeal.
* Civil procedure – Adjournment – No adjournment where documents are already on the record or in the court file.
* Costs – Previous order for parties to bear own costs can be departed from where circumstances warrant awarding costs to the successful party.
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22 February 1991 |
| January 1991 |
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Appeal dismissed: conversion of the plaintiff’s livestock established; deceased defendant struck out; no costs order.
* Civil law – Tort of conversion – wrongful taking or detention of chattels – whether defendants liable for conversion and liable to return livestock or pay pecuniary equivalent. * Evidence – reliability of plaintiff’s testimony – voluntariness of confession – whether confession was obtained by torture. * Civil procedure – deceased defendant – striking out or substitution of legal representative. * Pleadings – sufficiency of general description of property in conversion claim; need not be hyper-technical.
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8 January 1991 |
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Failure to serve notice of appeal timely and non‑compliance with appeal rules warranted striking out and refusal to extend time.
Civil procedure — Court of Appeal Rules — Rule 77(1) (service of notice of appeal within seven days) — Rule 82 (strike out for failure to take essential step) — Rule 83(1)/(2) (exception for application for copy of proceedings; requirement to send copy to respondent) — Rule 8 (discretion to extend time) — negligence of counsel and registry mistake — registrar’s certificate issued under mistake of fact.
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1 January 1991 |
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1 January 1991 |