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Citation
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Judgment date
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| December 1972 |
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Res judicata failed because earlier judgments concerned different land; respondent proved entitlement on balance of probabilities.
Civil procedure – res judicata – prior decisions must concern same cause of action/land to bar later proceedings; evidence of possession and boundary marking may establish entitlement on balance of probabilities; appellate review upheld trial court where prior judgments were not on the same parcel.
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30 December 1972 |
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Appeal against a demolition order and alternative fine for erecting an unauthorised building without Authority permission.
* Criminal law – Regulatory offence – Erection of building without Authority’s permission – Breach of Township (Building) Rules (Rules 4(a), 64).
* Sentencing – Remedies for unauthorised building works – demolition orders, alternative fines and execution by local authority at offender’s cost.
* Procedure – Plea of guilty and appropriateness of custodial/administrative remedies.
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30 December 1972 |
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Oral wakf dedication of deceased’s land upheld; mother had only life‑use; appeal dismissed with costs.
Wakf dedication — validity of oral will/dedication; ownership v. life‑use rights; proof by witnesses and written confirmatory exhibit; applicability of Islamic inheritance rules versus customary law.
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30 December 1972 |
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29 December 1972 |
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The applicant's conviction was upheld but his sentence was reduced to immediate release due to misapplied minimum‑sentence provisions and special circumstances.
* Criminal law – Theft by public servant – sufficiency and credibility of eyewitness testimony (prison officer and watchman). * Sentencing – Misapplication of minimum‑sentence provisions due to incorrect valuation of stolen property. * Sentencing – special circumstances (youth, first offender, recovery of goods) warranting reduction of sentence.
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29 December 1972 |
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Conviction upheld for sale (conversion) of one entrusted sofa; false pretences proven only for Shs.180, promises not chargeable.
Criminal law – Stealing by agent (s273(b)) – bailee relationship and conversion; Criminal law – Obtaining by false pretences (s302) – present/past fact required; promises of future performance not false pretences; distinct offences where victims and acts differ.
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28 December 1972 |
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Forfeiture under agricultural regulations requires judicial exercise of discretion and an opportunity for the accused to show cause.
* Forfeiture of goods under National Agricultural Products Board Order – statutory power exists but must be exercised judicially; * Requirement to call accused to show cause before ordering forfeiture; * Discretionary powers of magistrates must be reasonably and judicially exercised; * Mitigation and first-offender status relevant to forfeiture decisions.
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28 December 1972 |
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Conflicting prosecution versions and the appellant’s admissions created reasonable doubt, rendering the robbery conviction unsafe.
* Criminal law – robbery – whether prosecution proved robbery beyond reasonable doubt where alternative explanation (recovery of appellant’s shs.2) existed from appellant’s admissions to third party; effect of inconsistent prosecution versions on mens rea and conviction.
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27 December 1972 |
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Possession of recently stolen property justified conviction; prior convictions must be proved before declaring habitual offender.
* Criminal law – Burglary and stealing – Possession of recently stolen property as evidential basis for conviction – self-explanation must be credible to rebut inference of guilt.
* Criminal procedure – Enhancement of sentence/habitual offender status – prosecution must prove prior convictions if not admitted by accused.
* Sentencing – Value of stolen property above statutory threshold precludes 'special circumstances' leniency; concurrent imprisonment and corporal punishment upheld.
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27 December 1972 |
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Difficulty obtaining spare parts does not excuse permitting an unroadworthy public service vehicle; most fines upheld, one reduced.
Criminal law – Motor vehicle safety – Liability of public service operator for permitting unroadworthy vehicle – Difficulty obtaining spare parts not a defence to operating unsafe vehicle – Sentencing: appellate reduction of excessive fine for minor defect but confirmation of fines for dangerous defects (steering, springs)
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27 December 1972 |
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Appeal against convictions for forgery, uttering false documents and theft by a public servant arising from overcharging and misappropriation of fees.
Criminal law – Forgery and uttering false document – discrepancies between originals and duplicates of bill and receipt; Criminal law – Theft by public servant – appropriation of overcharged fees; Evidence – admissions by accused and documentary inconsistencies corroborating prosecution case.
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27 December 1972 |
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Conviction for possession of suspected stolen property quashed where statutory charging requirements and reasonable-suspicion were not met.
* Criminal law – Unlawful possession of suspected stolen property – Section 312 (as amended by Act No. 26 of 1971) – statutory prerequisites for charge under subsections (a) and (b).
* Criminal procedure – Requirement that charging/detaining officer have requisite authority/rank when relying on s.312(b).
* Evidence – Mere possession of an expensive item does not alone amount to reasonable suspicion; prosecution must rebut explanations.
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26 December 1972 |
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Uncorroborated possession evidence linking a third party to stolen goods is insufficient to sustain an appellant’s conviction.
Criminal law – Conviction safety – Possession of recently stolen goods by a third party; uncorroborated allegation of purchase from accused insufficient to convict; appellate quashing of unsafe conviction.
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26 December 1972 |
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Appellant’s conviction quashed where conflicting eyewitness evidence left assailant’s identity in doubt.
Criminal law – Unlawful wounding – Identity of assailant – Conflicting eyewitness testimony – Reasonable doubt – Conviction unsafe and quashed.
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22 December 1972 |
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Attempted robbery conviction quashed for insufficient proof; resisting arrest conviction upheld as the arrest was lawful.
Criminal law – attempted robbery – sufficiency of evidence and requisite intent for attempt; Criminal procedure – arrest with reasonable grounds under s.27(a); Penal Code s.243(a) – resisting arrest and assault on police – conviction upheld where arrest lawful.
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22 December 1972 |
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Convictions for forgery and theft quashed where prosecution failed to prove appellant’s involvement in alleged forged withdrawal forms.
Criminal law – Forgery; Uttering false documents; Stealing by servant – proof beyond reasonable doubt – handwriting/document-expert evidence – evidentiary weight of omissions in passbook entries – duties and capabilities of bank clerks in signature verification.
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22 December 1972 |
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Conviction unsafe where provenance of alleged stolen property was not proved and crucial witness was not called.
Criminal law – Theft by public servant – Burden of proof and provenance of allegedly stolen property – Failure to call crucial witness who delivered property – Availability of identical goods commercially – Credibility findings: need for reasons to prefer prosecution witness.
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21 December 1972 |
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Conviction for stealing postal matter upheld; minimum sentence set aside for insufficient particulars; substituted one-year term with restitution.
* Criminal law – Stealing postal matter – opening and consuming cash from a registered letter – mens rea and credibility of claimed belief of being addressee.
* Criminal procedure – Sufficiency of particulars – application of Minimum Sentences Act, 1972 – prejudice from inadequate notice.
* Sentencing – substitution of sentence on appeal and restitution under section 176 Criminal Procedure Code.
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20 December 1972 |
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Conviction based on circumstantial evidence overturned where magistrate failed to apply circumstantial-evidence test and shifted burden to the appellant.
* Criminal law – Circumstantial evidence – Proper test is whether proved circumstances are inconsistent with innocence and explicable on no other reasonable hypothesis – Credibility alone insufficient in circumstantial cases. * Criminal procedure – Burden of proof – Prosecution must prove guilt beyond reasonable doubt; no shifting of burden to accused.
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20 December 1972 |
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Conviction for robbery quashed due to unreliable identification and reasonable doubt; erroneous sentence also noted.
* Criminal law – robbery with violence – identification evidence – inconsistencies and witness recognition – reasonable doubt. * Sentencing – Minimum Sentences Act – incorrect sentence below statutory minimum. * Procedure – failure to return verdict on a count; importance of compliance with Criminal Procedure Code.
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16 December 1972 |
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Whether the appellant’s conduct amounted to burglary or only attempted burglary; conviction reduced to attempted burglary.
* Criminal law – Burglary – Breaking and entering a dwelling with intent to steal – Where evidence establishes only unsuccessful entry or interruption, offence may be attempted burglary. * Appeal – Substitution of conviction – Appellate court may set aside conviction for substantive offence and substitute conviction for attempt where facts support only attempt. * Sentencing – Antecedent convictions remain operative despite variation of substantive conviction.
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15 December 1972 |
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Conviction for taking a marked bribe upheld; original sentence misapplied and reduced to concurrent 12- and 1-month terms.
* Criminal law – Corruption – Soliciting and accepting bribes – Proof by trap operation using marked currency and surveillance – conviction upheld.
* Criminal procedure – Entrapment/undercover operations – marked notes and police surveillance acceptable corroborative evidence.
* Sentencing – Minimum Sentences Act 1963 – special circumstances and leniency for first offenders – misdirection and manifestly excessive sentence – appellate reduction.
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15 December 1972 |
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An unequivocal admission after prosecution evidence amounts to a guilty plea, convictions upheld; sentences reduced to concurrent 7 and 5 years.
* Criminal law – guilty plea – post‑evidence admissions amounting to unequivocal guilty pleas; appeal against conviction barred where plea is clear; sentencing – robbery with violence and cattle theft – appellate reduction to concurrent terms (7 and 5 years).
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15 December 1972 |
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Appellate court allowed prosecution's appeal, convicting the respondent for cattle theft based on corroborative possession and conduct.
* Criminal law – Theft of cattle – Evidence – Unsigned/unsworn testimony of young children requiring corroboration – Possession of stolen property shortly after theft as corroboration – Misapplication of evidence by trial magistrate leading to unsafe acquittal. * Sentencing – Minimum Sentences Act – five years imprisonment imposed.
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15 December 1972 |
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Accused acquitted: killing held to be lawful self‑defence during violent disturbance by armed, drunken patrons.
Criminal law – Murder charge – Self‑defence – Refusal to return weapons during ongoing violent disturbance – Reasonable defensive force – Acquittal.
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15 December 1972 |
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Conviction upheld for one appellant with reduced sentence; conviction quashed for co-appellant due to insufficient evidence.
Criminal law – Stealing (s.265 Penal Code) – sufficiency of identification and recovered property to convict; sentence mitigation for first offender and recovery of property; evidential weight of recovered items found in premises occupied by a tenant.
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13 December 1972 |
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Appeal against arson conviction dismissed where eyewitness and independent witness evidence was credible and corroborative.
Criminal law – Arson – Eyewitness credibility and corroboration – Appellate review – Where complainant and independent witness evidence is reliable, conviction will be upheld.
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13 December 1972 |
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Appeal dismissed: evidence and Islamic law support respondent’s paternity and custody; maintenance claim left for separate proceedings.
* Family law – paternity and custody – determination of fatherhood by earlier proceedings and contemporaneous evidence; application of Islamic law to legitimacy and custody. * Evidence – use of witnesses and documentary records (divorce certificate, prior minor‑settlement proceedings) to infer conception date and paternity. * Maintenance – procedural requirement to litigate maintenance claims separately when no adequate evidence on record.
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11 December 1972 |
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A retracted confession must be corroborated; absent corroboration and reliable accounting, conviction was quashed.
Criminal law — Confession — Retraction — Generally requires corroboration; may be acted on alone only if court is satisfied it cannot but be true — Poor accounting and lost supporting chits undermine prosecution’s case — Conviction cannot rest on uncorroborated, doubtful confession.
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11 December 1972 |
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Appellant cannot obtain different relief on appeal; clan shamba reverted to clan and remuneration claims against heirs remain untried.
Property (customary/clan land) – clan shamba reverts to clan on death and is not inheritable by non‑clan members; Appeal procedure – appellant cannot obtain new or different relief on appeal against parties not before the court; Contractual claims against heirs – untried factual/legal issues must be litigated against proper parties in original forum.
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8 December 1972 |
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Accusations against the prosecutor do not amount to contempt absent intentional disrespect towards the presiding magistrate.
Contempt of court — disrespect must be directed at the magistrate and shown to be intentional; criticisms of the prosecution or the case are not contempt per se; alleged interference with proceedings requires recipient's legal authority; conviction quashed for lack of evidence.
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8 December 1972 |
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Alternative path built only after suit does not excuse respondent from bearing costs caused by his delay.
Property/customary rights – communal path (cilombo) – closure by landowner and duty to provide alternative under customary law; effect of alternative path constructed after suit; appellate discretion on relief and costs; allocation of costs where defendant’s delay causes litigation.
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8 December 1972 |
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Conviction for corrupt transaction upheld; appeal summarily dismissed due to credible corroborated evidence despite procedural irregularities.
* Criminal law – corruption – corrupt transaction – use of marked currency and sting operations – credibility and corroboration of accomplice and police evidence. * Criminal procedure – search without warrant – admissibility of evidence obtained by irregular search not automatically fatal. * Appeal – sufficiency of grounds for review – trial magistrate’s credibility findings accorded deference.
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7 December 1972 |
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Whether a theft conviction stands where the appellant took proceeds represented by a forged, crossed cheque intercepted before banking.
* Criminal law – Theft from employer – Sufficiency of evidence to convict employee of stealing employer’s money.
* Cheque law – Forged cheque and forged signature – Effect of forgery on criminal liability of person who took proceeds.
* Banking practice – Crossed cheque intercepted before lodgement – relevance to criminal liability for theft.
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7 December 1972 |
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Appellants’ convictions for theft upheld: credible eyewitness evidence; alibi insufficient to raise reasonable doubt.
* Criminal law – Theft by servant and theft of produce – Sufficiency of eyewitness evidence – Alibi and its effect on reasonable doubt – Sentencing where value exceeds statutory threshold.
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4 December 1972 |
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Acquittal where circumstantial and medical evidence raised reasonable doubt about intentional infanticide.
* Criminal law – Infanticide – Whether prosecution proved deliberate disposal of newborn beyond reasonable doubt.* Evidence – Circumstantial and medical evidence – conflicting expert opinions on umbilical cord, placenta and passage through latrine opening.* Procedure – Adequacy of scene investigation and timing of medical examination affecting evidential value.* Credibility – weight to be given to distressed conduct and contemporaneous witness observations.
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4 December 1972 |
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Appeal against conviction dismissed; five‑year mandatory minimum sentence for cattle theft under s.5(c) restored.
* Criminal law – cattle theft – mandatory minimum sentence – s.5(c) Minimum Sentences Act; * Statutory interpretation – relationship between s.4 and s.5(a)/(c) – legislative intent favors s.5(c) five‑year minimum for cattle theft; * Appeal – conviction upheld where possession and conduct supported inference of theft.
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1 December 1972 |
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Appellate court reduced an excessive sentence for robbery with violence, allowing appeal against sentence and substituting seven years imprisonment.
Criminal law – Robbery with violence – Sentence review on appeal – Appellate court may reduce an unduly excessive sentence by taking into account mitigating factors such as first offender status and prospects for rehabilitation.
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1 December 1972 |
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Appeal dismissed: evidence proved false mileage claims and appellant had opportunity but did not recall witnesses.
Criminal law – Obtaining money by false pretences – proof of false claim and knowledge; Criminal procedure – change of trial magistrate – right to recall witnesses; Sentence – appellate review of sentence reasonableness.
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1 December 1972 |
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Appellant’s conviction and sentence for cheating upheld; conviction of third accused quashed for insufficient evidence under revisional powers.
Criminal law – Cheating – Evaluation of evidence and identity by eyewitnesses – Sufficiency of evidence to sustain conviction; Sentence – Whether excessive; Revisional jurisdiction – Quashing unsafe convictions of non‑appealing accused.
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1 December 1972 |
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Documentary and witness evidence upheld conviction for theft by a public servant; appeal dismissed.
* Criminal law – Theft by a public servant – conviction based on witness testimony corroborated by documentary evidence.
* Evidence – Documentary corroboration and absenteeism as indicia of guilt.
* Procedure – Lawful seizure/opening of cash box after reasonable delay; not a trick undermining evidence.
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1 December 1972 |
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Convictions for transporting millet quashed where prosecution failed to prove restriction and ownership evidence supported acquittal.
Criminal law – transport of agricultural produce – requirement to prove commodity is legally restricted and that accused intended trade; defective or expired government directive cannot support conviction; post-conviction ownership evidence (ward chits) material to acquittal; forfeiture orders invalid where legal basis absent.
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1 December 1972 |
| November 1972 |
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Conviction based on disputed voucher evidence was quashed as unsafe due to inconsistencies and possible collusion.
* Criminal law – evidence – genuineness and identification of payment vouchers – chain of custody and reliability of voucher evidence.
* Criminal law – credibility – inconsistencies and suspicious circumstances raising reasonable doubt.
* Criminal procedure – appellate review – conviction unsafe where documentary and oral evidence are unreliable.
* Court conduct – trial magistrate’s treatment of defence counsel criticised but not sole ground for quashing conviction.
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30 November 1972 |
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Applicant's obligation to return dowry upheld; customary‑law limitation rules applied and delay excused by respondent's minority; appeal dismissed.
* Customary‑law procedure – dowry restitution – desertion by wife – elders' order to return wife and restore dowry upheld; * Limitation – applicability of G.N. 311/64 to suits commenced before 1 March 1971; * Law of Limitation Act 1971 not retrospective to revive or displace prior proceedings; * Rule 5 (G.N. 311/64) – court's discretion to dismiss for unwarrantable delay; minority may excuse delay; * Amendment of grounds on appeal – appellate discretion to permit additional grounds.
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30 November 1972 |
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Conviction quashed where prosecution failed to prove timing necessary to invoke recent possession presumption.
Criminal law – housebreaking and theft; doctrine of recent possession – requirement of evidence as to timing/recentness; possession of stolen property – insufficiency without proof of timing or knowledge; duty to establish prima facie case before calling accused to enter defence.
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28 November 1972 |
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27 November 1972 |
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An appeal cannot be fairly determined without the lower court record; matter remitted for trial de novo.
Criminal appeal – absence of trial record – record destroyed by fire – fairness of hearing appeal without record – remedy is trial de novo.
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27 November 1972 |
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Appeal remitted for trial de novo where the trial record was incomplete and appeal could not be fairly heard.
Criminal appeal — incomplete or defective trial record — appellate court unable to determine appeal — remittal for trial de novo.
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27 November 1972 |
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Accidental fatal blow aimed at a third party constituted manslaughter; plea to manslaughter was accepted.
* Criminal law – Homicide – Distinction between murder and manslaughter – Unintentional killing where an assault aimed at a third party accidentally fatally injures another.
* Plea procedure – Acceptance of plea to a lesser offence (manslaughter) by the prosecution and recording by the court.
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25 November 1972 |
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The respondent was convicted of rape and murder based on eyewitness identification, corroboration and medical evidence.
* Criminal law – murder – elements proved by identification, medical and corroborative evidence – manual strangulation as cause of death.
* Criminal law – sexual offences – evidence of non‑consensual intercourse corroborated by circumstances and forensic signs.
* Evidence – admissibility and use of bad‑character/reputation evidence to explain witness conduct; caution in its weight.
* Defence – alibi and its evaluation against corroborative prosecution evidence.
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25 November 1972 |