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Citation
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Judgment date
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| June 1983 |
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Reported
Tort — Slander — Grounds on which actionable without proof of special damage
Tort — False imprisonment — Imprisonment by police and informant — Whether mere fact of arrest by police a satisfactory answer to claim of damages for false imprisonment.
Tort — Enticement — Enticement not a criminal offence — Whether police have power to arrest a person who is alleged or even proved to have committed a civil wrong. |
6 June 1983 |
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Reported
Injuries on employer premises after hours can be "in the course of employment" warranting statutory compensation.
Workmen's Compensation – "arising out of and in the course of employment" – injury occurring on employer's premises after hours; notice and time-bar exceptions for lay claimants; employer liability for aggravation of pre-existing disease; assessment of statutory compensation and gratuity.
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6 June 1983 |
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Whether convictions based on auditors' hearsay audit reports and unaddressed defence could be sustained.
Criminal law – Theft – Conviction based on audit reports – Hearsay where auditors do not testify – Insufficient evidence to convict where custody of funds shared and defence uncontradicted – Benefit of doubt – Acquittal on appeal; compensation order set aside.
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4 June 1983 |
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Respondent owns the shamba; respondent liable for shs.300/= compensation for destroyed cassava; each party to bear own costs.
Property dispute – ownership of shamba; damage to crops – liability and assessment of compensation; appellate review of Primary Court orders; costs awarded without proof set aside.
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2 June 1983 |
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Appellant convicted of uttering a false document and attempting to obtain money; appellate court upheld convictions and sentences.
Criminal law – Uttering false document – Sufficiency of evidence to prove presentation and use of forged voucher. Criminal law – Obtaining money by false pretences – Attempt to obtain payment by presenting forged payment voucher. Evidence – Credibility findings – appellate deference to trial court unless essential evidence ignored or error of principle.
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1 June 1983 |
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Reported
Bribery convictions quashed where police decoy’s uncorroborated, inconsistent evidence failed to prove guilt beyond reasonable doubt.
Prevention of Corruption — bribery allegations; police decoy versus accomplice — corroboration of police evidence; admissibility and credibility of confessions to police; duty to put defence case in cross‑examination; onus to prove guilt beyond reasonable doubt.
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1 June 1983 |
| May 1983 |
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Conviction for theft upheld where appellant was seen untying, driving away, and found in possession of stolen goats.
Criminal law – Theft – Recent possession and eyewitness evidence sufficient to sustain conviction; Sentence – statutory minimum upheld; Appeal – no merit, dismissed.
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30 May 1983 |
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Appeal dismissed; trial courts’ order that appellant refund 20 head of bridewealth cattle is upheld.
Family law – bridewealth (dowry) – recovery on dissolution of marriage – quantification of bridewealth and deduction for matrimonial life – appellate review of primary and district court findings.
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30 May 1983 |
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Appellate court upheld conviction and three-year sentence, deferring to trial court’s credibility findings.
Criminal law – grievous bodily harm – proof of causation and identification by victim neighbour – credibility central to outcome. Appellate review – deference to trial court credibility findings unless there is misdirection or non-direction. Defence – inconsistent statements and absence of reciprocal injuries undermine self-defence claim. Sentence – confirmation of custodial sentence given severity of injury.
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30 May 1983 |
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Divorce set aside where respondent failed to prove cruelty; family witnesses were unreliable and uncorroborated.
Family member witnesses – credibility – close relatives’ testimony of alleged matrimonial cruelty carries limited weight without independent corroboration; omissions and contradictions undermine proof of cruelty. Divorce law – requirement to prove cruelty/neglect on balance of probabilities before decree can be granted. Appellate review – setting aside Primary Court divorce where evidence is insufficient.
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28 May 1983 |
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Father liable to reimburse mother for child maintenance; excessive monetary award reduced to Shs. 6,000.
Family law – Parental maintenance obligations – Father’s duty to maintain children; mother’s right to reimbursement where she has borne maintenance costs – Quantum of compensation assessed having regard to local/village standards.
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28 May 1983 |
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Reported
A party who causes a marriage breakdown cannot recover bride price; matrimonial and civil claims should generally be kept distinct.
Family law – divorce and refund of bride price – procedural distinction between matrimonial proceedings and ordinary civil claims – entitlement to refund where the petitioner is guilty of causing the marriage breakdown – appellate misdirection on cause of breakdown.
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27 May 1983 |
Civil Practice and Procedure - Bride price - Claim for refund - Pleading and procedure - Rules of the Civil Procedure Code. Family Law - Bride price - Refund of- Whether equitable where the claimant is a wrongdoer. |
27 May 1983 |
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27 May 1983 |
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Reported
Conviction quashed where accused was tried in absentia without evidence he had absconded; ordered released.
Criminal procedure – Trial in absence – Section 202A CPC – Court may only proceed where accused’s whereabouts unknown or absence unexplained; conviction in absentia without evidence of absconding is a nullity – Arrest warrant execution and endorsements required – Retrial discretion influenced by time already served and potential injustice.
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26 May 1983 |
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Possession of a stolen radio identified by the owner supports conviction for receiving stolen property; three-year sentence upheld.
Criminal law – Receiving stolen property (c/s 311(1)) – Owner identification and recent possession as evidence of receipt. Evidence – Identification – Complainant's identification of stolen goods found in accused's possession. Criminal procedure – Conviction on alternative count after acquittal on principal charges. Sentence – Whether custodial sentence of three years is manifestly excessive.
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26 May 1983 |
Land Law- Revocation of Right of Occupancy - “Good cause" - Whether notice to show cause necessary. Land Law - Assessment/valuation of development on land - Compensation - Right to be heard about the expenses incurred. |
26 May 1983 |
Criminal practice and Procedure - Hearing - Case disposed of in F the absence of the accused - No evidence that accused absconded deliberately - Whether conviction proper and just - Criminal Procedure Code, s. 202A [now s. 227 of the Criminal Procedure Act, 1985] |
26 May 1983 |
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Reported
Revocation for failure to develop was valid; compensation for improvements must be reassessed by the lower court.
Land law — Revocation of right of occupancy — "Good cause" for revocation where occupier fails to develop plot as conditioned; Notice to show cause — not statutorily required though courts may review grounds for revocation; Re-allocation and grant of new Right of Occupancy after valid revocation; Compensation for exhausted improvements — valuation and right to be heard; Remittal to trial court for reassessment of compensation.
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26 May 1983 |
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Failure to develop land justified valid revocation of short-term Right of Occupancy, but compensation assessment was remitted for rehearing.
Land law – Right of Occupancy – revocation for "good cause" because of failure to develop – no statutory requirement for prior notice to show cause to President – courts may scrutinise grounds for revocation – compensation assessment for improvements must allow occupier to prove expenditure.
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26 May 1983 |
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Applicant's claim to livestock failed for lack of evidence that respondent had possession; appeal dismissed with costs.
Property dispute – proof of ownership and possession of livestock – sufficiency of evidence – appellate review of lower courts' factual findings.
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25 May 1983 |
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Respondent entitled to refund of bridewealth after wife's desertion and ex parte divorce; appeal dismissed.
Family law – recovery of bridewealth – refund ordered where marriage dissolved by wife's desertion and ex parte divorce.* Evidence – finding as to number of cattle paid – trial finding of 20 cattle accepted.* Relevance of wife's present age or remarriage prospects – not a defense to refund where wife was at fault for breakdown of marriage.
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25 May 1983 |
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Appeal dismissed: trial court’s factual findings on entrustment and witness credibility upheld despite imperfect exhibit identification.
Criminal law – Stealing by agent (s.273(b) Penal Code) – Proof of entrustment – Credibility of oral witnesses and corroboration – Identification of exhibit by distinctive marks.
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24 May 1983 |
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A subsequent bridewealth claim was barred by res judicata; piecemeal litigation disallowed and appeal dismissed.
Civil procedure – Res judicata – subsequent suit on same bridewealth dispute barred by prior proceedings; piecemeal litigation prohibited; finality of judgments.
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24 May 1983 |
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Appellate court dismissed refund claim, found chicks bought and died of disease, and ordered valuation hearing for surviving chicks.
Contract/sale of poultry – claim for refund where purchaser alleges non-delivery – burden of proof on claimant to show non-purchase. Evidentiary weight of documentary proof – official hatchery receipts and veterinary laboratory report as credible evidence of purchase and disease causation. Allegations of forgery – appellate court may dismiss speculative claims absent persuasive evidence. Remedies – where part of goods survive, court may order compensation for surviving stock; valuation may be remitted for determination.
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24 May 1983 |
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Exclusion of clan members' customary evidence in a family cattle dispute warranted quashing lower courts' decisions and a rehearing.
Family law; customary/clan disputes – admissibility and necessity of clan members' evidence and records of deliberations; procedural fairness – exclusion of relevant customary evidence warrants quashing and rehearing.
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24 May 1983 |
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High Court affirms joint ownership and orders sale and equal division of proceeds; District Court reversal set aside.
Family law — dissolution of marriage under s.107(2)(c) — distribution of matrimonial property — joint acquisition and contributions — credibility of witness denying marriage certificate — sale by auction and equal division of proceeds.
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24 May 1983 |
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Extension of time denied where applicant failed to prove respondent absconded; civil claim time-barred.
Limitation of actions — application for extension of time — requirement to prove sufficient cause — alleged respondent absence/abscence to another country — credibility findings of trial magistrate upheld.
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24 May 1983 |
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Appellant failed to show sufficient cause for extension of time; appeal dismissed and suit time-barred.
Limitation of actions – extension of time – applicant must show sufficient cause for delay – credibility findings by trial magistrate on factual disputes are binding absent clear error – appeal dismissed where no satisfactory evidence justified granting extension.
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24 May 1983 |
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Convictions based on uncorroborated accomplice assertions and weak property identification were unsafe and quashed.
Criminal law – unsafe conviction – necessity of corroboration for accomplice evidence; identification of stolen property; reliability of search evidence and police records; failure to call key witnesses undermining prosecution case.
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23 May 1983 |
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Applicant failed to prove full refund of bridewealth; appeal dismissed and respondent entitled to three cattle.
Family law — Bridewealth (lobola) — Agreement to pay 17 head of cattle — Engagement broken off — Refund of bridewealth — Burden of proof rests on party alleging repayment — Uncorroborated assertions insufficient to discharge evidential burden.
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23 May 1983 |
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Ownership passed on payment and delivery; seizure of sold cattle was wrongful and appeal was allowed.
Property law; sale – transfer of ownership upon payment and delivery – seizure in execution; execution against third party goods – wrongful seizure; appellate review of nullification of contract of sale.
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23 May 1983 |
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An arbitration tribunal cannot order seizure; seizure of 14 cattle was illegal and must be remedied by return with costs.
Arbitration law – scope of arbitration/tribunal powers – arbitrator/tribunal lacks power to order execution or seizure – disputes requiring enforcement must be litigated in court; seizure pursuant to tribunal order illegal.
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21 May 1983 |
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Respondent’s in‑court admission was an unequivocal guilty plea; conviction and sentence were restored.
Criminal law – Plea of guilty – Whether oral admission in court constitutes an unequivocal plea – Requirement to elicit constituent facts of offence – Necessity of descriptive particulars of stolen property where ownership and time are undisputed. Appellate review – Setting aside conviction for alleged equivocal plea.
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21 May 1983 |
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Appeal dismissed: appellate courts may reverse a trial court where witness evidence supports recovery of bailed cattle.
Civil appeal – recovery of cattle – bailment and delivery – evaluation of witness credibility – appellate court justified in reversing trial court where evidence supports claim.
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21 May 1983 |
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Seizure under execution must be supported by evidence the property belonged to the judgment debtor; lacking proof, appeal allowed.
Execution of judgment – seizure of alleged judgment-debtor’s property – burden of proof to show seized goods belong to judgment debtor – improper inference from litigant’s conduct – inconsistent execution target undermines validity of seizure.
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20 May 1983 |
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High Court allowed appeal, finding no evidence supported the divorce petition; trial court’s dismissal restored.
Family law – divorce petition – sufficiency of evidence to prove abandonment or mistreatment; appellate review – district court’s reversal set aside where no evidence supported the petition; primary court’s factual finding restored.
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20 May 1983 |
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Reported
Physical presence of the public prosecutor is required under section 198 C.P.C.; unexplained absence justified acquittal and appeal dismissed.
Criminal procedure – section 198 C.P.C. – meaning of "complainant" where Republic is represented by Public Prosecutor – physical presence required; absence of prosecutor and unexplained non-appearance justifies dismissal/acquittal; inherent power of the court to control proceedings but to be exercised sparingly; duties of magistrate versus duties of prosecutorial management.
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19 May 1983 |
Criminal Practice and Procedure - Prolonged adjournments of criminal case - Absence of complainant/public prosecutor - Discharge of accused under section 198 of the Criminal Procedure Code, Cap, 20. Criminal Practice and Procedure - Power of court to control and regulate own proceedings- Power to grant or refuse adjournment - S. 201 of the Criminal Procedure Code |
19 May 1983 |
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Insurer properly joined and liable; driver negligent; plaintiff awarded repair costs and loss of earnings.
Motor vehicle collision – employer’s vehicle driven by authorized driver – driver negligent – insurer’s involvement in claim correspondence makes insurer properly joined – repair costs and loss of profit recoverable – no contributory negligence – award of damages and declaration of insurer’s liability.
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19 May 1983 |
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The appellant is bound to pay the outstanding bridewealth after admitting payment and promising the balance; appeal dismissed.
Family law – bridewealth (dowry) – enforceability of an agreed balance – written admission/promise to pay – effect of not raising defence at trial and raising it only on appeal.
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19 May 1983 |
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Appeal dismissed; conviction for possession of suspected stolen cattle upheld, with deference to trial credibility findings.
Criminal law – possession of property suspected to be stolen – sufficiency of evidence; appellate review – deference to trial court credibility findings; whether driving off cattle or possession of strays negates unlawful possession.
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19 May 1983 |
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19 May 1983 |
Criminal Law - Impregnating a school girl - Contravention of the National Education Act, 1978 - Meaning of school girl - Primary School Compulsory Enrolment and Attendance Rules, 1978. |
19 May 1983 |
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Reported
Conviction quashed because the alleged victim was outside the Rules' statutory definition of 'girl', so no offence was established.
Education law — Primary School (Compulsory Enrolment and Attendance) Rules 1979 — definition of 'child'/'girl' — accused charged under wrong provision — conviction quashed where alleged victim outside statutory age; recommendation to redefine 'girl' to align with Universal Primary Education policy.
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19 May 1983 |
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The respondent proved an unpaid balance of bridewealth; the appellant's appeal was dismissed.
Family law – bridewealth (dowry) – recovery of unpaid balance – proof of payment and partial refund; credibility of witnesses and burden of proof.
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18 May 1983 |
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Divorce decree set aside where petitioner relied solely on an uncorroborated minor’s testimony and failed to prove allegations.
Family law – Divorce – Sufficiency of evidence to prove matrimonial offences – Reliance on uncorroborated minor’s testimony. Evidence – Credibility and weight of testimony of a 13‑year‑old – Need for corroboration and calling available witnesses. Civil procedure – Appellate review – Setting aside decree for insufficiency of proof.
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17 May 1983 |
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The respondent's inheritance claim failed for lack of proof and being time‑barred; trial court judgment restored.
Inheritance dispute; proof of ownership/possession of deceased's property; limitation/time‑bar over delayed claims; necessity of calling clan members and joining all heirs; appellate correction of erroneous reversal of trial court.
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17 May 1983 |
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Respondent entitled to unpaid bridewealth balance; appellant’s appeal dismissing liability was refused.
Bridewealth – recovery of unpaid balance – agreement to pay 12 head, 7 paid, 5 outstanding – liability of payer – subsistence of marriage – appellant’s defence that he is no longer obliged to pay rejected; question of who ultimately bears payment is not a defence to claimant.
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16 May 1983 |
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Long-term cohabitation and having children favoured the respondent's custody; the appellant's appeal was dismissed.
Family law – custody of children; customary marriage – proof required; cohabitation and birth of children as relevant factor in custody determinations; appellate affirmation of lower courts.
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15 May 1983 |