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Citation
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Judgment date
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| June 1981 |
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Applicant's claim for travel costs dismissed due to inconsistent testimony, lack of receipts, and no proof respondent made false complaints.
Civil appeal – claim for costs incurred attending police and conciliatory tribunal – credibility and burden of proof – inconsistent testimony, absence of receipts and corroborative witnesses – no evidence respondent made false complaints – appeal dismissed.
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30 June 1981 |
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Appellate court dismissed appeal where circumstantial evidence and the accused’s silence supported burglary and theft convictions.
Criminal law – appeal – sufficiency of circumstantial and physical evidence (cap and complainant’s knife) – accused’s silence and failure to deny ownership – appellate scrutiny of convictions; appeal dismissed for lack of merit.
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29 June 1981 |
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Victim identification by prior acquaintance and opportunity to observe upheld; appeal against robbery conviction dismissed.
Criminal law – Robbery with violence – Identification evidence – Victim identification who knew accused prior and had opportunity to observe is reliable; appellate court reluctant to disturb trial court's credibility findings.
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29 June 1981 |
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Guilty knowledge for receiving stolen property may be inferred from conduct; failure to prove value prevents minimum sentence application.
Criminal law – Receiving stolen property – Guilty knowledge may be inferred from conduct; presence at theft scene not required for receiving offence; Minimum Sentences Act inapplicable where value of stolen article not proved; alternative verdicts under s.187(2) Criminal Procedure Code.
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26 June 1981 |
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The applicant's convictions were quashed because inconsistent, inadequate possession and identification evidence made the prosecution case unsafe.
Criminal law – cattle theft – sufficiency of evidence – inconsistencies as to date and number of stolen cattle; possession and identification evidence – witness credibility and contradictions – convictions quashed.
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26 June 1981 |
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Applicants' cattle-theft convictions quashed due to inconsistent and unreliable prosecution and police evidence.
Criminal law – Theft (cattle) – Sufficiency of evidence – Identification and possession – Contradictory testimony of prosecution witnesses and investigating officer – Appellate intervention where conviction unsafe.
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26 June 1981 |
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High Court set aside divorce for lack of statutory grounds under section 107(3) of the Law of Marriage Act.
Family law – dissolution of Muslim marriage – adequacy of evidence to establish grounds under section 107(3) Law of Marriage Act 1971. Reconciliation certificate – effect of Board’s certificate of failure to reconcile. Separation and desertion – mutual separation does not amount to desertion or irreparable breakdown.
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26 June 1981 |
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Appellants convictions for forgery and theft by a public servant were upheld based on documentary and credible witness evidence.
Criminal law Forgery False signatures on revenue collectors' cash book receipts; intent to defraud established. Criminal law Theft by public servant Unaccounted public revenue and possession of stolen property. Evidence Credibility of witnesses and documentary evidence determinative. Chain of custody/contention of loss while in police custody held insufficient to rebut prosecution case.
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26 June 1981 |
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Forgery of revenue acknowledgements and theft by a court messenger proved beyond reasonable doubt; convictions and sentences affirmed.
Criminal law – Forgery – False acknowledgments in revenue books and RCCBs – Signatures denied by alleged recipient and held to be forged; intent to defraud established. Criminal law – Theft by public servant – Possession of stolen government property (mattress) found in accused’s house; no credible explanation. Credibility – Appellate court upholds trial court’s credibility findings where documentary and witness evidence align. Appeal – Convictions and concurrent sentences confirmed.
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26 June 1981 |
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Identification by a known complainant plus medical corroboration upheld conviction for unlawful wounding; appeal dismissed.
Criminal law – Unlawful wounding (s.228(1) Penal Code) – Identification evidence – Complainant known to accused and immediate identification; corroboration by medical report – Inconsistencies in secondary witness not fatal to conviction.
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26 June 1981 |
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Convictions for housebreaking and theft quashed for insufficient evidence and failure to consider exculpatory factors.
Criminal law – proof beyond reasonable doubt – housebreaking and stealing – credibility and sufficiency of recovery and eyewitness evidence – relevance of prior dispute and failure to consider exculpatory material – convictions quashed.
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25 June 1981 |
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The applicant's failure to sign wage payment cards did not, by itself, prove non‑payment of wages.
Employment law – wage claims – evidentiary value of signed wage payment cards – absence of signature not conclusive proof of non-payment where surrounding evidence indicates receipt of payments.
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23 June 1981 |
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Appeal dismissed where appellant failed to show adequate excuse for non-appearance to set aside ex parte judgment.
Civil procedure – Ex parte judgment – Application to set aside – Requirement to show satisfactory explanation or excusable default for non-appearance – Credibility findings and notice of hearing.
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23 June 1981 |
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Section 121 presumption of legitimacy is rebuttable; separation and evidence of access can establish paternity and maintenance liability.
Evidence Act s121 – presumption that a child born during subsistence of marriage is husband’s child is rebuttable. Proof of separation and lack of access may rebut legitimacy presumption. Gestation period may vary; dates of intercourse and birth are not dispositive absent other evidence. Talaq pronounced outside court does not dissolve marriage absent court decree under Law of Marriage Act. Father’s liability for maintenance may be established by corroborative evidence (witnesses, letters, acts of maintenance).
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22 June 1981 |
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A company cannot own land before incorporation; a pre‑incorporation title is void and the injunction was lifted.
Land law – capacity to hold land – a company has no capacity to own land before incorporation; Certificate of Title issued to an unincorporated entity is void; Interim injunction discharged.
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18 June 1981 |
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Whether prosecution proved stealing by a servant beyond reasonable doubt and whether appellate court should disturb credibility findings.
Criminal law – Stealing by servant – proof beyond reasonable doubt – credibility findings of trial court – appellate deference to witness assessment – quantification of theft – sentences under Minimum Sentences Act 1972 – restitution order.
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16 June 1981 |
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Illegal campaigning by party officials and candidate’s corrupt inducements rendered the election void.
Elections law – s.86, s.88, s.112, s.123(3) – delay in counting; failure to mix ballot papers; wrongful rejection of votes; illegal campaign by Party leadership; supply of goods to influence voters as corrupt practice; effect of illegal/corrupt practices on validity of election.
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16 June 1981 |
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Appellate court restored Primary Court land decision, prioritizing locus inspection and allocator's authority over minor date discrepancy.
Land dispute — allocation of land — weight of locus in quo inspection — credibility of allocator — materiality of minor date discrepancies — appellate review.
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11 June 1981 |
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Clear identification and proved asportation upheld; appeals against robbery conviction and statutory minimum sentence dismissed.
Criminal law – Robbery with violence – Identification evidence and opportunity to observe – Asportation element (movement of stolen subject) – Alibi proof – Statutory minimum sentence – Appeal dismissed.
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10 June 1981 |
Family Law-Whether looking after the household and ministering to the welfare of the children alone constitutes joint efforts in acquisition of property under 114 of the Law of Marriage Act, 1971. |
6 June 1981 |
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Conviction for stealing by servant quashed where prosecution failed to prove dishonest intent beyond reasonable doubt.
Criminal law – Theft by servant – Mens rea – Whether procurement on requisition without express approval establishes dishonest intent – Sufficiency of evidence – Benefit of reasonable doubt where third party in possession not called.
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6 June 1981 |
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Marriage dissolved for adultery and violence; petitioner awarded custody and monthly maintenance.
Divorce law – adultery and cruelty as grounds for dissolution; finding of irretrievable breakdown; custody and monthly maintenance award; costs to petitioner.
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5 June 1981 |
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Appeals against convictions for cattle theft dismissed; evidence of joint involvement upheld and six-year sentences confirmed.
Criminal law – Theft of livestock – Evidence of joint enterprise and attempted sale of stolen animal – Credibility of mutually inconsistent defences; confirmation of sentence and summary dismissal of unmeritorious appeals.
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5 June 1981 |
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Owner who authorised an agent to sell cattle has locus standi and buyer must pay the unpaid purchase balance.
Contract/sale of goods – sale by agent on behalf of incapacitated owner – owner named in written sale has locus standi; evidentiary burden on buyer to rebut seller’s agent’s unchallenged testimony about payments; unpaid purchase price recoverable.
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4 June 1981 |