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Citation
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Judgment date
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| January 1981 |
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DPP consent required for National Security Act prosecutions; third accused acquitted on reasonable doubt; vehicle forfeiture set aside.
Criminal law – armed robbery – identification and corroboration; National Security Act – unlawful to proceed without Director of Public Prosecutions’ written consent; acquittal where accused’s sworn account raises reasonable doubt; subordinate courts’ sentencing limits for scheduled offences; forfeiture of vehicle – requires statutory authority, conviction and opportunity for owner to be heard.
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31 January 1981 |
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A court may not dismiss an appeal for want of prosecution without first giving statutory notice of the hearing to the parties.
Civil procedure – Appeal – Dismissal for want of prosecution – Necessity to give notice of time and place of hearing – Duty under section 30(1)(a) Magistrates' Courts Act – Failure to issue notice or trace appellant vitiates dismissal.
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30 January 1981 |
Civil Practice and Procedure - Functus officio - When a tribunal becomesfunctus officio. |
27 January 1981 |
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Carrier breached its contract by cancelling a flight after ticket issuance; ticket exclusion clauses did not absolve liability.
Contract of carriage — carrier’s failure to transport passenger after ticket issuance — cancellation not excused by alleged last-minute aircraft defect; exclusionary ticket clauses (limitation/‘best efforts’) do not absolve liability where carrier’s conduct caused failure to perform; passenger entitled to fare recovery and costs.
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23 January 1981 |
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Conviction quashed where prosecution failed to prove theft and an improper burden was placed on the accused.
Criminal law – Theft by public servant – Burden of proof lies on prosecution to prove guilt beyond reasonable doubt – Accused has no duty to prove innocence or to produce alleged recipient as witness when that person is unavailable.
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21 January 1981 |
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High Court summarily rejected criminal appeal where trial evidence left no doubt and no fresh grounds were raised.
Criminal appeal – review of trial evidence – appeal raising no fresh issues – summary rejection and certification that appeal is without sufficient ground of complaint.
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20 January 1981 |
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Appellate court restores trial finding that occupants had only life interest; appeal allowed and trial judgment restored.
Land law — ownership and succession — whether occupation amounted to title or only life interest; appellate review — necessity for fresh, exhaustive analysis of evidence; relevance of prior judgment and party conduct as indicia of title or lack thereof.
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20 January 1981 |
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Appellant's possession of newly issued, serially matching stolen notes and inconsistent explanations justified conviction despite delay.
Criminal law – office breaking and stealing – recent possession of stolen cash – matching denominations and consecutive serial numbers – credibility and inconsistent explanations – failure to put defenses to investigating officer – mandatory minimum sentence (s.5(d) Minimum Sentences Act).
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17 January 1981 |
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Islamic personal law governs paternity presumptions between Muslim parties; appellant proved paternity and appeal was allowed.
Family law — Paternity — Applicable personal law: Islamic (Anglo‑Muhammadan) law governs paternity between Muslim parties.* Family law — Presumptions of legitimacy — Proper application of presumptions under Islamic law vs G.N. 279/63 (Rules 175/183/188).* Evidence — Antenatal records and admissions as evidence of paternity.* Procedure — Misapplication of statutory rules where personal law differs.
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17 January 1981 |
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Divorce affirmed where husband forced wife out and failed to maintain her and the child for five years; custody to mother until age eight.
Family law – divorce – desertion and non‑maintenance – credibility of Primary Court’s finding that husband forced wife out; marriage irretrievably broken by five years without maintenance or contact; custody awarded to mother until age eight; father ordered to pay Shs 100 monthly maintenance; no order as to costs.
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16 January 1981 |
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Appeal dismissed: trial court’s finding that husband forced wife out and failed to maintain family warranted divorce; custody to mother until age eight, father to pay Shs.100/- monthly.
Family law – Divorce – Desertion/abandonment – whether five years’ non‑maintenance and separation justify dissolution of marriage. Evidence – Credibility findings by trial court – appellate restraint on disturbing findings based on witness observation. Family law – Custody and maintenance – custody to mother until child reaches school age; father ordered to pay maintenance.
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16 January 1981 |
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Prolonged non-maintenance and separation, coupled with trial court credibility findings, justified divorce, custody and maintenance orders.
Matrimonial law – divorce on ground of desertion – credibility of trial court’s factual findings – appellate deference to findings of witness credibility; irretrievable breakdown established by prolonged separation and non-maintenance; custody and maintenance of young child.
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16 January 1981 |
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Cattle-theft conviction quashed where corroborated alibi and pressured conduct made conviction unsafe.
Criminal law – Sufficiency of evidence in theft conviction – Alibi corroboration – Conduct when confronted and pressure from village officials – Appeal court quashing unsafe conviction.
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14 January 1981 |
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Whether three houses formed clan property despite an unsigned, undated document treated as a will.
Inheritance and customary property – distinction between clan-owned assets and decedent’s personal estate. Formalities of testamentary disposition – necessity of signature and attestation under GN. 436/63. Admissibility and weight of unsigned/undated documents – may be ineffective as wills but substantive evidence can establish ownership. Appellate review – failure to decide the vital factual/legal issue warrants reversal.
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9 January 1981 |
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High Court summarily dismissed a criminal appeal as lacking sufficient grounds under section 317(1) Criminal Procedure Code.
Criminal procedure – summary dismissal of appeals – application of section 317(1) of the Criminal Procedure Code where appeal is lodged without sufficient ground – effect of judicial certification is to dismiss appeal summarily.
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8 January 1981 |
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Appellate court erred in treating disputed land as inheritance; trial court correctly found the appellant owned the trees.
Property dispute – coconut grove ownership; inheritance mischaracterisation by appellate court; conflicting assessor opinions; proof on balance of probabilities; appellate review.
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8 January 1981 |
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Conviction for alleged bank theft quashed where corrected bank records and witness inconsistency created reasonable doubt.
Criminal law – Theft by servant – Proof beyond reasonable doubt – Evidence of bank pay-in slip and reconciliation – Credibility and amendment of depositor's evidence – Doubt to be resolved in favour of accused.
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7 January 1981 |
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Appellant failed to prove prior development or superior rights; respondent’s prior occupation and two-season loan were held credible.
Land dispute – priority of occupation and development – whether appellant first to clear and cultivate the disputed shamba; Oral licence/loan of land – enforceability and duration – whether alleged two-season loan permitted respondent to resume cultivation; Evaluation of witness credibility and appellate reversal of Primary Court findings.
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7 January 1981 |
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Appellant failed to prove purchase of trees; lower courts' concurrent factual findings upheld and appeal dismissed with costs.
Property dispute – ownership of trees – whether sale to appellant proved by credible oral and documentary evidence. Evaluation of evidence – hearsay and material conflicts. Concurrent findings of fact – principle for disturbing on second appeal. Alleged fictitious document (exhibit AV).
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7 January 1981 |
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Appeal contesting factual findings in a land trespass case dismissed for lack of merit.
Land dispute — boundary/trespass — concurrent factual findings by lower courts — sufficiency of evidence of permissive cultivation and ownership — appellate court declines to disturb findings of fact.
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7 January 1981 |
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Convictions and concurrent three‑year sentences for forgery, uttering and false pretences affirmed despite single‑witness identification.
Criminal law – Forgery, uttering and obtaining money by false pretences – Reliance on single-witness identification – Reliability and corroboration; Evidence – Adverse inference under s.122 Evidence Act for failure to call material witness; Procedure – Defect in particulars (omission of "with intent to defraud") not causing miscarriage of justice; Sentencing – Application/misapplication of Minimum Sentences Act and assessment of proportionality.
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7 January 1981 |
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Appeal dismissed: communal ownership, lack of representative standing and insufficient evidence; unpleaded Primary Court order set aside.
Communal property and contributions; locus standi and representative capacity to sue; evidentiary burden and hearsay; error in granting unpleaded relief (ordering payment where not sued).
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5 January 1981 |
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5 January 1981 |
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An unwitnessed written or oral will fails under the Law of Wills; appellant’s inheritance claim dismissed.
Wills – Formalities – Written will invalid where not signed or witnessed as required by Law of Wills (GN No. 279 of 1963, para (5)); Oral will – requires statutory witnesses (para (11)) and cannot cancel or replace a valid written will; Credibility – uncorroborated or dishonest testimony undermines inheritance claims.
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5 January 1981 |
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The applicant's claim for unpaid herding wages failed for lack of contractual proof; customary ex gratia award upheld.
Contract formation and proof – wage claim for herding cattle; customary entrustment versus contractual obligation; evidential burden for agreed payment terms; appellate deference to primary court's factual findings and local knowledge; ex gratia awards in customary contexts.
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2 January 1981 |
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Appeal dismissed: co-accused admissions corroborated by independent identification and testimony upheld appellant's theft conviction.
Criminal law – Theft (cattle/goats) – Evidence of possession, identification of stolen animals, and corroboration. Criminal procedure – Statements of co-accused – admissibility and caution in relying on co-accused evidence. Evidence – Need for independent corroboration when relying on co-accused admissions or implicated testimony.
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2 January 1981 |
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2 January 1981 |
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Reported
Criminal Practice and Procedure — Appeal from trial magistrate's assessment of witnesses — Whether appellate court can interfere with trial court’s assessment of witnesses.
Criminal Practice and Procedure — Calling of witnesses — Accused denied the opportunity to call a defence witness — Intended witness not present on scene of crime — Whether amounted to failure of justice — S. 206 Criminal Procedure Code (Cap. 20). |
2 January 1981 |
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Conviction upheld on recent possession and identification; defective written judgment criticised; consecutive sentences set aside and ordered concurrent.
Criminal law – burglary and stealing – conviction sustained where accused found in recent possession of stolen property and identification by owner. Criminal procedure – judgment requirements – section 171 CrPC requires points for determination, decisions and reasons to be recorded. Evidence – recent possession doctrine – possession shortly after theft permits inference of guilt. Sentencing – consecutive sentences permissible but require recorded, compelling reasons; absent such reasons sentences ordered to run concurrently.
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2 January 1981 |
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Appellate court improperly received fresh evidence; District Court judgment set aside and matter remitted to Primary Court (appeal allowed).
Appeal procedure — admissibility of fresh evidence on appeal — appellate court must not assume original jurisdiction by taking additional evidence; where additional evidence is improperly admitted it may be ignored; sufficiency of Primary Court record to prove boundary uprooting/encroachment.
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2 January 1981 |
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Appellate court affirmed the appellant's theft conviction on credible undercover sale evidence and upheld the statutory minimum sentence.
Criminal law – Theft; evaluation of credibility and appellate review of trial findings; undercover purchase evidence; Minimum Sentence Act 1972 – specified authority and statutory minimum sentence.
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2 January 1981 |
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An accused may be charged and convicted of multiple offences from the same dangerous driving act; sentences may run concurrently.
Road Traffic Act – Dangerous driving causing death and bodily injury – Charging multiple offences arising from same act – Multiple convictions permissible for non-capital offences – Sentences ordered to run concurrently to avoid double punishment.
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1 January 1981 |
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Appellate court finds evidence of both hoarding and unlicensed trading credible and dismisses the appellant’s appeal.
Criminal law – Hoarding and trading without a licence – Credibility of accused’s explanation that seized goods were for domestic use – Appellate review of trial acquittal.
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1 January 1981 |
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Appeal allowed: conviction quashed due to unsatisfactory evidence and unresolved doubts about documentary proof and missing funds.
Criminal law – Theft by public officer; sufficiency of evidence; disputed documentary evidence and signatures; need for expert proof of forgery; reasonable doubt; appellate intervention where prosecution case is unsatisfactory.
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1 January 1981 |
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Forfeiture of produce set aside where appellants were denied opportunity to be heard on the forfeiture.
Criminal law – forfeiture of goods – right to be heard (audi alteram partem) – procedural fairness – appellate rescission of forfeiture ordered without hearing.
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1 January 1981 |
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Court upheld dissolution for irretrievable breakdown and increased children's maintenance from shs.400/= to shs.500/=.
Matrimonial law – irretrievable breakdown – conduct of parties, withdrawal of conjugal rights and failed reconciliation as grounds for dissolution. Family law – maintenance – variation of primary court award based on parties’ incomes and children’s needs.
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1 January 1981 |
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A prior acquittal bars later prosecution when proof of the new charge would necessarily establish guilt of the earlier offence.
Criminal law — autrefois acquit/double jeopardy — when prior acquittal bars subsequent prosecution; Prevention of Corruption Act s.5 (use of documents); Penal Code s.317(b) false accounting; test — whether proof for later charge would establish guilt of earlier charge.
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1 January 1981 |
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Acquittal upheld where prosecution failed to prove dangerous driving and pedestrian’s sudden emergence caused the collision.
Criminal law – causing death by dangerous driving – requirement of proof beyond reasonable doubt – sudden emergence of pedestrian from behind stationary bus – victim’s contribution to accident and effect on criminal liability.
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1 January 1981 |
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The applicant's conviction was quashed because contradictory evidence and indications of an Anti‑Corruption Squad frame‑up destroyed prosecutorial proof.
Criminal law – Corrupt transaction – sufficiency of evidence and burden of proof; assessment of witness credibility in presence of material inconsistencies. Investigative conduct – Allegations of Anti‑Corruption Squad misconduct and framing of suspects – effect on admissibility/credibility of prosecution case. Criminal procedure – Defective or additional charge sheet discovered post‑trial – whether proceedings are a nullity.
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1 January 1981 |
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Appellant failed to prove sufficient contribution to matrimonial property; appeal dismissed and lower court’s decision confirmed.
Family/matrimonial property – claimed spousal contribution to acquisition or improvement of land and projects – sufficiency and corroboration of evidence required; absence of documentary proof and unreliable oral testimony fatal to claim.
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1 January 1981 |
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A husband remains legally obliged to maintain his children despite the wife leaving the matrimonial home; s.129 Law of Marriage Act applies.
Family law – Maintenance of children – Husband’s obligation – Separation does not absolve maintenance duty – Law of Marriage Act 1971 s.129; Appeal – appellate review – factual findings of lower courts upheld.
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1 January 1981 |
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Recent possession of stolen goods sustained conviction for housebreaking and stealing; appeal dismissed and sentences affirmed.
Criminal law – housebreaking and stealing – recent possession of stolen goods – application of doctrine of recent possession to infer guilt – adequacy of defence explanation – confirmation of sentence.
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1 January 1981 |
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1 January 1981 |
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Bail pending appeal is exceptional and requires overwhelming prospects of success; factual credibility disputes do not justify bail.
Criminal procedure – Bail pending appeal – Discretionary relief granted only in exceptional circumstances – Generally where appellate court considers there are overwhelming chances the appeal will succeed. Evidence – Appeal raising primary factual/credibility issues (receipt of bribe/trap money) cannot be disposed of on a prima facie basis for bail without close review of the record.
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1 January 1981 |
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Conviction for possession of moshi quashed for lack of proof; convictions for assault and destroying evidence upheld; sentences reduced to time served.
Criminal law – proof of illegal liquor – prosecution must prove identity of seized substance; experienced witness usually required to identify moshi. Criminal law – assaulting police – credibility of police evidence can sustain conviction where attack on officers is established. Criminal law – destruction of evidence – breaking of container holding potential evidence can constitute an offence if done knowing it would be used against the accused. Sentencing – appellate intervention where sentences are manifestly excessive; consideration of police conduct and time served relevant to mitigation.
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1 January 1981 |
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Taxi-driver evidence sufficiently implicated the appellant in theft; conviction and five-year sentence affirmed.
Criminal law – theft/stealing by servant – whether presence and instructions to taxi driver establish participation in theft. Evidence – credibility of witness (taxi driver) and sufficiency to ground conviction. Defence of ignorance – whether fetching a vehicle at others’ request absolves accomplice liability.
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1 January 1981 |
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Appellate court refuses to disturb trial court’s factual finding that the appellant encroached on the respondent’s land.
Land law – boundary dispute – encroachment; credibility of witnesses; appellate review of trial court findings of fact; view by court and assessors.
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1 January 1981 |
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Appellant who pronounced talaq cannot compel the respondent to return to the matrimonial home; appeal dismissed.
Islamic family law – talaq (divorce) – effect of husband’s pronouncement of talaq on rights to reclaim wife Civil procedure – suit against third party (father-in-law) to enforce return of spouse – Primary Court correctly dismissed Family law – courts cannot force an unwilling spouse to return to matrimonial home
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1 January 1981 |
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Leave to appeal out of time granted where delay was excused by lack of timely supply of the judgment to the applicant.
Criminal procedure – leave to appeal out of time – Section 314 Criminal Procedure Code – delay – whether attributable to applicant’s negligence – supply of copy of judgment.
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1 January 1981 |
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Court found accused guilty based on a credible dying declaration and corroborative circumstantial evidence.
Evidence Act s.34 – dying declaration – admissibility and reliability of identification; Criminal law – circumstantial evidence – flight, missing weapon, prior threats and conduct as proof of guilt; Alibi – assessment of credibility of alleged detention by traditional healer; Credibility of spouse and eyewitness testimony.
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1 January 1981 |