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Citation
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Judgment date
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| February 1983 |
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Documentary purchase evidence and lack of proof of ownership meant concubinage contributions did not create proprietary rights; appeal dismissed.
Inheritance — proof of ownership — documentary purchase receipt naming deceased — concubinage contributions insufficient to confer proprietary rights absent clear evidence — assessment of witness credibility and exhibits.
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27 February 1983 |
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Conviction for possession of suspected stolen goods quashed where unlawful acquisition was not proved and forfeiture lacked statutory basis.
Criminal law – s.312(1)(b) Penal Code – possession/control of property reasonably suspected to be stolen; burden to prove unlawful acquisition; evidence of barter as explanation; National Milling Corporation Act – scope and exemptions; illegality of forfeiture absent statutory authority.
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25 February 1983 |
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Conviction for trespass quashed where prosecution failed to prove estate boundary or absence of a right of way.
Criminal trespass – burden of proof – necessity to prove land ownership and absence of easement – need to call land office witnesses or produce survey or on‑the‑spot inspection – revisional powers to quash convictions of non‑appealing co‑accused.
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25 February 1983 |
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Lack of medical evidence and failure to summon crucial witnesses rendered the damages award arbitrary; retrial ordered.
Torts – assessment of general damages; absence of medical evidence; court’s power to summon witnesses suo motu (CPC provisions); heads of damages: pain and suffering, loss of expectation of life, past and prospective earnings; retrial ordered for inadequate judicial assessment.
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24 February 1983 |
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21 February 1983 |
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Convictions for stealing by clerks, conspiracy and false accounting upheld; first appellant’s four-year theft sentence reduced to three years.
Criminal law – Stealing by clerks – Documentary evidence of overcharging and under-reporting supports conviction; False accounting – omission from cash-book indicates intent to defraud; Sentencing – parity principle requires comparable sentences for equally culpable co-accused.
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21 February 1983 |
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Appeal allowed: convictions quashed where prosecution failed to establish a prima facie case against the first three accused.
Criminal law – sufficiency of prosecution case at close of prosecution – duty to discharge under s205 Criminal Procedure Code where no prima facie case – inadmissibility/insufficiency of co‑accused evidence to convict others without independent corroboration – appellate intervention where error causes failure of justice.
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19 February 1983 |
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Weak identification of common shoes and a magistrate’s apparent misdirection made the conviction unsafe.
Criminal law – Evidence – Identification of property – possession of allegedly stolen goods – reliability where items are of common manufacture; Criminal procedure – Burden of proof – trial magistrate’s misdirection by seeking defence evidence to establish innocence rendering conviction unsafe.
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18 February 1983 |
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Reported
Written statutory licence required; oral Game Scout permission invalid, limited convictions upheld, weapons forfeiture mandatory.
Wildlife Conservation Act 1974 – statutory requirement for written licence applications (s.25) – oral permission by Game Scout ineffective; excess killing falls under s.31(b)(ii); recording of killed animal must be done before removal (s.44(1)(b)); prosecution must prove weapon used; forfeiture of weapons mandatory on conviction (s.78); appellate reduction of statutory minimum sentence under s.79(3); exercise of revisional powers to acquit improperly convicted co-accused.
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17 February 1983 |
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Appellant’s extra kill breached a written game licence; oral permission invalid and forfeiture of weapons mandatory.
Wildlife Conservation Act – game licences must be in prescribed written form – oral permission by Game Scout invalid – exceeding licence terms constitutes s.31(b)(ii) offence – prosecution must prove weapon used – failure to record kill breaches s.44(1)(b) – mandatory forfeiture under s.78(1) – revisional acquittal of improperly convicted co-accused.
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17 February 1983 |
Criminal Law - Wildlife Conservation Act 1974 - Hunting a larger number of specified animals than that authorized by licence - Accused licenced to kill one buffalo and one wildebeast -Accused killed an extra wildebeast as substitute for the buffalo -Section 31(b) (ii) of the Wildlife Conservation Act 1974 - Whether lawful. Criminal Law - Wildlife Conservation Act 1974 - Failure to record I animal killed on a game licence - Section 44(1) (b) (3) of the Wildlife Conservation Act 1974 - Consequences. Criminal Practice and Procedure - Sentence - Forfeiture of firearm - Mandatory where used in the commission of an offence under the Act-Section 78 (1) (b) (2) of the Wildlife Conservation Act 1974 |
17 February 1983 |
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Appellant policeman’s conviction for stealing a government motorcycle upheld; five‑year sentence deemed inadequate.
Criminal law – Theft of government property – Evidence of being caught 'red‑handed' – Credibility of defence claiming to have arrested the real thief – Sentencing: aggravating factor where offender is a police officer and property value exceeds statutory threshold.
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16 February 1983 |
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Applicants charged with murder failed to show exceptional circumstances required for bail; merits cannot be decided at bail stage.
Criminal procedure – Bail pending trial – Murder charge – Bail may be granted but only in exceptional circumstances; prolonged pre-trial detention, personal status and family responsibilities are not per se exceptional. Merits of defence should not be examined at bail stage; remedy for weak prosecution is DPP to enter nolle prosequi.
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15 February 1983 |
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Whether a police officer’s conduct constituted theft or obtaining by false pretences, and whether duplicative corruption charges could stand.
Criminal law – Theft v. obtaining by false pretences – proper characterisation of taking property. Corruption offences – soliciting to obtain money corruptly and obtaining money corruptly – duplication of charges. Credibility findings – appellate review of trial magistrate’s factual conclusions. Sentencing – minimum sentence for obtaining money corruptly upheld.
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14 February 1983 |
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Appeal against conviction for theft dismissed; conviction affirmed and compensation recalculated to Shs 6,100.
Criminal law – Theft and conspiracy – Employee selling employer’s timber – sufficiency of identification and documentary evidence (payment voucher, dealer's licence). Appeal – evaluation of trial evidence and credibility – appellate court declines to disturb trial findings. Restitution/compensation – correct calculation of compensation after accounting for recovered property and payments.
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14 February 1983 |
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12 February 1983 |
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Conviction for criminal trespass upheld; fine reduced to comply with statute and compensation order set aside for lack of proof.
Criminal law – Criminal trespass (s.299A Penal Code) – weight of oral evidence and admissions – alibi credibility. Sentencing – fine with default imprisonment – compliance with s.29 Penal Code. Civil recovery in criminal proceedings – compensation for veterinary expenses requires evidential proof and official receipts when constituting government revenue.
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11 February 1983 |
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Appellate court quashed District Court’s refusal to order repayment of part of a dowry and awarded costs to the appellant.
Customary law – dowry (bride-wealth) – refund on dissolution of union – application of rule that dowry is non-refundable where the wife has borne children – appellate review of District Court’s refusal to order repayment.
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11 February 1983 |
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Reported
Administrative Law—Finality Clause—Statutory exclusion of Judicial review — Circumstances under which courts may review administrative action. |
11 February 1983 |
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Conviction based solely on an untested auditor’s report was unsafe; conviction, sentence and compensation set aside.
Criminal law – Evidence – Hearsay – Auditor's report produced without auditor's testimony inadmissible to prove theft; conviction unsustainable where no other admissible evidence exists. Ancillary orders (compensation, imprisonment, licence revocation) set aside.
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10 February 1983 |
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Conviction for attempted cattle theft upheld; five-year sentence illegal and reduced to the three-year statutory minimum.
Criminal law – Theft and attempt – Attempted cattle theft – plea of guilty – whether plea equivocal where charge refers to she-goat but evidence and exhibit show he-goat. Criminal procedure – Appeal – absence of appellant’s advocate at hearing – whether absence results in failure of justice. Sentencing – Minimum Sentences Act – wrong statutory provision applied – attempted cattle theft attracts three‑year minimum, not five years.
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10 February 1983 |
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Appellant who elected to testify and claimed no witnesses cannot later claim denial; planted‑property defence unproven, convictions upheld.
Criminal law – Burglary and stealing – Identification of stolen property found in accused’s premises – evidential value. Criminal procedure – s.206 address – election to give evidence and waiver of calling witnesses. Defence of planted evidence – requirement of supporting evidence for allegation of fabrication.
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9 February 1983 |
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Conviction for attempted defilement upheld; five-year sentence reduced and substituted to permit immediate release for youthful first offender.
Criminal law – Attempted defilement (s.136(2) Penal Code); flagrante delicto evidence; sentencing — youthful first offender — requirement to inquire into age and antecedents; reduction of excessive sentence.
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8 February 1983 |
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Convictions for burglary and stealing upheld; appellant’s five-year burglary sentence reduced to four years as excessive.
Criminal law – Burglary and stealing – sufficiency of evidence – circumstantial and direct evidence – credibility of witnesses – conduct and admissions as indicia of guilty knowledge – sentencing: manifestly excessive sentence reduced; confirmation of sentence where prior conviction exists.
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8 February 1983 |
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Evidence warranted conviction for receiving stolen property; robbery convictions substituted and eight-year sentences confirmed.
Criminal law – Robbery with violence – Identification of stolen firearm – Doctrine of recent possession – When recent possession supports inference of guilt – Alternative verdict of receiving stolen property – Minimum Sentences Act (sentence confirmation).
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4 February 1983 |
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Conviction based on indistinct shoe marks and unidentified cloth cannot stand; circumstantial evidence must irresistibly prove the appellant's guilt.
Criminal law – Circumstantial evidence – Identification by shoe sole marks – Unidentified cloth claimed to be stolen property – Requirement that circumstantial evidence irresistibly point to guilt – Conviction quashed where proof insufficient.
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4 February 1983 |
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An administrator cannot unilaterally buy a deceased partner's share; death dissolves partnership absent a fresh agreement.
Probate and administration – administrator’s fiduciary duties – partner’s death dissolves partnership under s.213(1) Law of Contract Ordinance – continuation requires fresh agreement with heirs – absent agreement partnership property to be sold and proceeds divided; administrator cannot unilaterally buy out deceased’s share.
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4 February 1983 |
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3 February 1983 |
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Appeal allowed: appellant’s theft conviction quashed for failure to prove guilt beyond reasonable doubt.
Criminal law – Theft from the person – burden of proof – improper shifting of burden to accused – mere post-incident possession insufficient without direct or corroborative evidence – conviction unsafe.
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2 February 1983 |
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Reported
Land law — Adverse possession — Owner aware of trespasser’s presence —Whether adverse possession established in equity. |
1 February 1983 |