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Citation
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Judgment date
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| June 1971 |
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Court held prosecution may withdraw charges under section 86(a) without court-required reasons; appeal dismissed.
Criminal procedure – Withdrawal of prosecution under section 86(a) – Court consent required but prosecution may withdraw at will; no statutory duty to give or record reasons; remedy lies with prosecution/DPP, not court.
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18 June 1971 |
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Conviction for theft quashed where circumstantial evidence did not exclude reasonable hypotheses of innocence and trial misdirected.
Criminal law – omnibus/aggregate charging – potential prejudice to accused – circumstantial evidence – test that proven facts must be inconsistent with any reasonable hypothesis of innocence – misdirection where conviction follows mere disbelief of accused’s account – public service theft – duty/time for remittance of public funds.
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18 June 1971 |
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Appellate court upheld fraud and one theft conviction, reduced one theft conviction and sentences after correcting overstated sums.
Criminal law – fraud and false accounting – issuance of false receipts by a public officer – intent to defraud established by duplicate receipts, witness evidence and recovery of cash. Criminal law – theft by public servant – proof of amounts: distinction between amounts proved, amounts recovered and double-counting of sums across counts. Sentencing – appellate reduction where trial court relied on erroneous arithmetic and overstated sums. Compensation – substitution where part of alleged losses already recovered and only unrecovered sum proved.
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12 June 1971 |
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Appellate court quashed duplicate sentences for offences arising from the same transaction and imposed a single two-year term plus Shs.19,000 compensation.
Criminal law — multiple charges arising from same transaction — section 21 Penal Code — prohibition against being punished twice for the same offence. Sentencing — consecutive sentences unlawful where counts constitute same transaction; remedy is quashing duplicate sentences and imposing a single appropriate sentence. Application of Minimum Sentences Act 1963 — single imprisonment term imposed. Compensation — award of repayment of Shs.19,000/-. Corporal punishment — not ordered due to appellant's age.
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12 June 1971 |
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A litigant's expression of no confidence in a magistrate is not contempt; conviction and sentence were quashed on revision.
Contempt of court – expression of lack of confidence in a magistrate – not automatically contempt; Magistrate's duty to consider and rule on transfer applications; Revision – quashing conviction and setting aside sentence.
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11 June 1971 |
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Appeal dismissed but conviction reduced to actual bodily harm; sentence of nine months upheld.
Criminal law – conviction for grievous harm – sufficiency and credibility of evidence – characterization of injuries (grievous harm v. actual bodily harm) – common intention – sentence review.
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11 June 1971 |
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Conviction for theft cannot stand where the owner voluntarily handed the property to the accused; claim of right available.
Criminal law - Theft - essential element of non-consensual taking (invito domino) – owner’s voluntary delivery precludes theft. Defence of claim of right – honest belief in entitlement as a defence. Entrapment by owner does not convert voluntary delivery into theft.
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10 June 1971 |
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Possession discovered during a house search does not fall under section 512; conviction quashed.
Criminal law – Possession of suspected stolen property – Section 512 Penal Code – provision applies to possession in course of conveying/journey – does not extend to property found in a building pursuant to a search warrant.
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10 June 1971 |
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Court reduces excessive fine for applicant's reckless driving, considering his means and danger posed by the conduct.
Traffic law — Reckless driving (s.45(1) Traffic Ordinance) — Sentencing — Excessive fines and imprisonment in default — Consideration of offender's means and vehicle inspection report.
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9 June 1971 |
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Appeal against conviction for stealing by servant dismissed; appellate court upheld credibility findings and confirmed sentence.
Criminal law – Theft by servant – Evidence and burden – Credibility findings of trial court – Appellate restraint on re-evaluating witness credibility – Sentence appeal – adequacy of sentence.
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9 June 1971 |
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Appellate court upheld conviction for obtaining money by false pretences and summarily dismissed an unsupported appeal.
Criminal law – Obtaining money by false pretences – representation of ownership of land not owned by accused; corroborative documentary evidence (receipt). Evidence – credibility and weight of witness testimony; failure to put defence in cross-examination weakens appellate challenge. Procedure – appellate review; cannot impeach official trial record by unsupported post-trial assertions; summary dismissal of frivolous appeal.
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9 June 1971 |
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Sentencing was excessive where the magistrate relied on irrelevant prejudicial impressions and failed to consider appellant's means and employer-caused mechanical fault.
Criminal law — Sentencing — Careless driving — Whether sentencing court may consider irrelevant, prejudicial matters; sentencing discretion and proportionality; employer responsibility for mechanical defects affecting culpability.
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9 June 1971 |
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Appellant's convictions quashed for insufficient identification of stolen property recovered from his house.
Criminal law – burglary and stealing – identification of stolen property; police-station identifications versus in-court identification; requirement that trial court be satisfied on identity; insufficiency of post-inspection identifications; convictions quashed.
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4 June 1971 |
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Appeal dismissed: forgery and uttering convictions upheld; third count recharacterised as false pretences and sentence reduced to concurrent twelve months.
Criminal law – Forgery and uttering forged documents – sufficiency of evidence; Misdescription of offence – attempted stealing v. attempt to obtain money by false pretences; Application of Minimum Sentences Act, 1963 – inapplicability to substituted offence; Sentence substitution and concurrency.
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4 June 1971 |
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Primary Court finding that seller breached sale contract by re-selling goods was restored; time was not of the essence, and award reinstated.
Contract — sale of goods — breach by seller who disposes of goods after taking advance; time not of the essence absent clear contractual term; appellate interference with trial court factual findings requires adequate reasons.
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4 June 1971 |
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Clan land cannot be testamentarily transferred to an outsider; title remains with the heir, only usufruct may be bequeathed.
Customary/clan land – testamentary disposition – clan land vested in heir – devise to outsider ineffective to transfer title; usufruct may be bequeathed but does not divest ownership; evidentiary proof of absent heir defeats testamentary transfer; appellate review of misapplication of GN No. 436 of 1963 (Second Schedule ss. 20,31).
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2 June 1971 |
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Conviction for assault upheld; two-year sentence reduced to nine months as manifestly excessive.
Criminal law – Assault occasioning actual bodily harm – Sufficiency of evidence; Sentence – manifestly excessive; mitigation for young first offender; reduction of term.
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2 June 1971 |
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Court upheld convictions for violent burglary, robbery and rape and imposed aggregate six-year sentences by consecutive grouping of concurrent terms.
Criminal law – Burglary, robbery and rape – convictions upheld where evidence supported forcible break-ins, assault, theft and sexual violence. Sentencing – Multiple violent offences on separate occasions justify severe punishment; concurrency within a related set of counts but consecutive treatment between distinct incidents may be ordered to reflect separate transactions and protect the public.
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1 June 1971 |
| May 1971 |
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Malicious damage conviction quashed for insufficient evidence; assault convictions affirmed but sentences reduced to six months.
Criminal law – Appeal – sufficiency of evidence for malicious damage – mere torn clothing without attribution insufficient to sustain conviction. Criminal law – Common assault – corroborating witness evidence supports conviction where defence is bare denial. Sentencing – Excessive sentence – youth and first‑offender status and circumstances of the incident justify reduction.
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28 May 1971 |
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Conviction for theft by agent quashed where dispute was contractual and evidence failed to prove criminal offence beyond reasonable doubt.
Criminal law – theft by agent – misdirection as to nature of dispute – civil contractual relationship – insufficiency of evidence – conviction quashed; sentence set aside.
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26 May 1971 |
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Convictions for forgery and theft upheld; Minimum Sentences Act wrongly applied and sentencing corrected; appeal dismissed.
Criminal law – forgery and fraudulent false accounting – evidence of altered documents and admissions – applicability of Minimum Sentences Act (Cap. 526) – sentencing powers of magistrate – functus officio; re-sentencing and concurrency of terms.
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26 May 1971 |
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24 May 1971 |
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Court upheld two‑year sentence for grievous harm causing miscarriage but reduced excessive compensation order.
Criminal law – grievous harm – assault on a pregnant woman causing miscarriage; appellate review of sentence – deterrent sentence; compensation order – authority and quantum; reduction of excessive compensation.
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21 May 1971 |
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Possession of stolen cattle shortly after theft and reliable identification justified conviction; appeal dismissed and sentences upheld.
Criminal law – Cattle theft – identification of stolen livestock by marks and owner’s attendants – recent possession as probative of guilt. Distinction between actual thieves and receivers – prompt disposition and extent of possession. Sentence – minimum prescribed terms upheld.
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20 May 1971 |
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Unauthorized self-payment of employer funds by an employee constituted theft; one travel claim reduced where entitlement proved.
Criminal law – Theft by servant – unauthorised self-payment of advance salary and travel allowances – knowledge of financial regulations – credibility of defence that funds were handed to assistant – appellate substitution of conviction where legitimate entitlement exists.
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19 May 1971 |
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Female vendor with use-only rights cannot validly sell or bequeath clan land; purchaser remedies lie against vendor’s estate.
Customary/clan land – female’s capacity to sell or bequeath – section 20, Second Schedule to GN No. 536 of 1963; ineffective sale where vendor lacks title; right of clan representative to recover land without refunding purchase price; purchasers’ remedy against vendor’s estate; compensation for improvements.
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17 May 1971 |
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Appellate court affirms conviction for breaking and stealing, finding identification and ownership proved and no merit in appeal.
Criminal law – Burglary and theft – Sufficiency of evidence – Identification of stolen articles and proof of ownership – Appellate interference with trial magistrate’s findings.
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17 May 1971 |
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Acquittal where inconsistencies and plausible accidental/self‑defence explanations raise reasonable doubt.
Criminal law – Manslaughter – Conflicting witness testimony and assessors’ disagreement – Medical cause of death established but intent or negligence not proven beyond reasonable doubt – Benefit of doubt and acquittal.
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17 May 1971 |
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Under GN 279/1963 an alleged father must prove impossibility of intercourse; appellate court upheld maintenance award.
Paternity – burden of proof under Government Notice No.279/1963; once a woman names a man, he must prove impossibility of sexual intercourse; distinction from Affiliation Ordinance (Cap.278) requiring corroboration; appellate interference justified where primary court misapplied law; maintenance award proportionality.
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15 May 1971 |
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Receipt of money to redeem a surety did not constitute stealing by agent under section 273; conviction quashed.
Criminal law – Theft by agent (s.273 Penal Code) – Meaning of "proceeds of valuable security" and requirements for agency – Honest belief/claim of right as defence – When section 346 Criminal Procedure Code may cure defective charging.
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14 May 1971 |
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Insufficient identification quashes theft conviction; fifteen-month sentence for injuring a donkey was manifestly excessive and set aside.
Criminal law – Identification evidence required in person-to-person theft; failure of identification warrants quashing conviction; Sentencing – manifestly excessive sentence for injuring an animal can be set aside; proportionality and deterrence considerations.
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14 May 1971 |
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Conviction substituted to burglary where night-time entry established; sentence upheld and appeal otherwise dismissed.
Criminal law – housebreaking versus burglary – night-time entry constituting burglary; appellate substitution of conviction under Criminal Procedure Code ss.346 and 186; credibility of eyewitness identification.
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14 May 1971 |
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Whether a 12‑month sentence for unlawful wounding was excessive given plea, provocation, and first‑offender status.
Criminal law – Unlawful wounding – Sentencing – Mitigation: guilty plea, first offender, and provocation – Use of weapon – Whether sentence excessive – Reduction and immediate discharge where sentence already effectively served.
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14 May 1971 |
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Burglary conviction and sentence upheld; conviction for trespass quashed for misapplication of section 181 CPC.
Criminal law — identification evidence — identification by householder with lamp and corroboration — supports conviction for entering with intent and stealing. Sentencing — appellate interference — concurrent twelve-month sentences not excessive on the facts. Criminal procedure — section 181 CPC — limits on convicting for uncharged offences; alternative conviction permitted only where offences are cognate or kindred. Conviction for criminal trespass quashed where it does not arise from proved particulars of charged offence (personation).
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14 May 1971 |
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An appellant cannot litigate compensation for land improvements if that issue was or could have been raised in prior final proceedings.
Civil procedure – res judicata – question of compensation for improvements on land previously in issue in earlier proceedings – failure to raise the issue earlier bars re-litigation.
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13 May 1971 |
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Appellate court reduced an excessive nine-month assault sentence to four months, acknowledging provocation and mitigation.
Criminal law – Assault – Sentence – Provocation and mitigation – First offender – Custodial versus non-custodial sentences – Reduction of excessive sentence on appeal – Missing Police Form 3 in the record.
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13 May 1971 |
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Acknowledgement by ceremony, letters and payment established paternity; father entitled to custody though mother keeps day‑to‑day care until age 12.
Family law – Paternity – Acknowledgement of paternity by ceremonies, letters, baptismal entry and payment – Effect under customary law and statutory provisions; Custody – Best interests of the child – Temporary retention of custody by mother until children reach 12 years; Maintenance and parental access obligations.
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12 May 1971 |
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Appeal dismissed: recent possession of distinctive stolen goods and credible circumstantial evidence upheld burglary and theft convictions.
Criminal law – Burglary and theft – Circumstantial evidence and recent possession of stolen property; Credibility of afterthought explanations; Sentencing – statutory minimum not open to interference.
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12 May 1971 |
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Appellate court refused to increase damages for a minor assault absent lasting injury or medical evidence.
Criminal and civil consequences of assault – quantum of damages for minor assault – appellate interference with trial court’s assessment of compensation – lack of medical evidence and absence of lasting injury.
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11 May 1971 |
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The applicant’s convictions for multiple labour-law breaches were upheld and the appeal dismissed.
Labour law – failure to pay minimum wages and wages due – oral contracts accepted as sufficient evidence of employment and entitlements. Labour law – severance allowance – entitlement after three months’ service; non-payment criminal under Severance Allowance Act. Employment records – duty to prepare records of oral contracts and maintain master roll – failure is an offence. Workmen’s compensation/insurance – employer duty to insure employees – absence of relevant policy grounds conviction. Sentencing – fines with imprisonment in default where statute prescribes fine-only for first conviction; court noted technical issue but found no need to alter sentences.
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11 May 1971 |
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An honest, reasonable mistake of right based on customary practice negated mens rea and led to quashing of the theft conviction.
Criminal law – Theft by agent – Mens rea – Honest and reasonable mistaken belief in right to take property as defence under Penal Code s.11; Customary practice claimed as defence in criminal prosecution; State declined to support conviction for lack of intent.
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11 May 1971 |
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Oral testamentary appointment proved by clan witnesses; mere possession does not establish inheritance; appeal dismissed.
Succession – testamentary disposition – validity and proof of an oral will – proof on balance of probabilities. Evidence – credibility – preference of clan relatives’ testimony where consistent and probative. Property – possession or guardianship does not automatically confer inheritance rights. Appeal – appellate interference with trial court’s factual and credibility findings.
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11 May 1971 |
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Conviction unsafe where magistrate failed to assess accomplice status and secure independent corroboration; appeal allowed.
Criminal law – conviction based on accomplice or interested witnesses; requirement to determine accomplice status; need for independent corroboration; duty to warn under s.142 Evidence Act; safety of convictions.
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11 May 1971 |
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Appellant entitled to maintenance and a share of joint marital wealth; Primary Court award of 10 cattle restored.
Family law – Divorce – Maintenance of divorced woman; entitlement to share in joint property contributed by wife’s labour; proper characterization of claim (maintenance v. return of bride-wealth); appellate correction of misconstruction by lower court.
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10 May 1971 |
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A later duly proved will prevailed; a predeceased beneficiary could not vest title, so the appellant's claim failed.
Succession law – validity and proof of wills – effect of a later will registered in court. Succession law – bequest to a beneficiary who predeceases the testator – no inheritance before death. Testamentary freedom – power to alter or revoke prior wills. Customary duties/care – do not create proprietary rights against property where a valid will disposes of the estate.
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10 May 1971 |
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Sale of clan land without consent can be redeemed; purchaser must pay assessed compensation including value of improvements.
Land law – clan/shamba ownership – sale without clan consent – redemption of clan land. Valuation – assessment of compensation for redemption – consideration of present value and improvements. Equity – purchaser’s occupation and enjoyment of profits does not negate obligation to pay assessed redemption. Appeal – reasonableness of appellate court’s compensation assessment; standard for setting aside valuation.
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10 May 1971 |
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Appeal dismissed; sale in execution ordered to realise decretal balance and costs awarded to respondent.
Enforcement of decree – execution by sale – objections to execution examined and held baseless – sale ordered to proceed; costs awarded.
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10 May 1971 |
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Where a tree stands on a boundary and no party planted it, an equal division is reasonable; unsupported ownership assertions insufficient.
Property law – boundary trees – where a tree stands on the boundary of adjoining land, and no one planted it, equitable division may be appropriate. Evidence – unsupported assertion of planting/ownership is insufficient to displace a reasonable trial-court compromise. Appellate review – appellate court should not lightly overturn reasonable Solomonic trial decisions.
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10 May 1971 |
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Applicant’s claim for full bridewealth refund dismissed for failure to prove the wife’s adultery and for being partly to blame.
Family law – bridewealth/lobola restitution – entitlement to refund on marriage breakdown; proof required for allegations of adultery; effect of party’s conduct and failure to sue on credibility; appellate deference to trial court’s factual findings.
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10 May 1971 |
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Conviction for theft by a public servant upheld: expert handwriting evidence not required to prove non‑surrender of salary funds.
Criminal law – Theft by public servant – Evidence sufficient where accused failed to surrender salary funds – Handwriting expert evidence unnecessary for theft (required for forgery only) – Credibility of accused’s after‑thought defence – Correction of compensation order.
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10 May 1971 |