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Citation
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Judgment date
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| October 1983 |
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Appeal allowed where unclear evidence and credibility errors entitled the appellant to benefit of the doubt; conviction quashed.
Criminal law – Conviction for stealing by public servant – Sufficiency of evidence and benefit of the doubt – Trial court’s assessment of credibility where documentary evidence lacking – Appellate intervention to quash conviction.
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10 October 1983 |
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10 October 1983 |
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10 October 1983 |
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Plaintiff occupied under licence; defendant unlawfully evicted and harvested crops—court awarded shs.41,800 plus costs.
Land law – licence to occupy – dispute over occupation and crops – unlawful entry and harvesting – credibility of witnesses – damages for breach and compensation for crops.
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7 October 1983 |
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Reported
Misnaming the plaintiff was curable; failure to join the current occupant was fatal and case remitted for joinder.
Civil procedure — Primary Courts — misnaming of plaintiff (individual v. registered village) — curable technical error under s.32(1) Magistrates' Courts Act; Civil procedure — joinder — failure to join person in actual occupation of disputed land fatal as it affects rights; Pleading requirements — Rule 15(1) GN 310/1964 — requirement to state time of cause of action; Succession — deceased defendant — sue appointed administrator.
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6 October 1983 |
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6 October 1983 |
Civil Practice and Procedure - Parties to suitforrecovery ofland B belonging to Ujamaa village - Whether individual can sue - R. J5(1) Magistrates’ Courts (Civil Procedure in Primary Courts) Rules G.N. 310 of 1964. Civil Practice and Procedure - Parties to suits - Suit filed by wrong party - Effect of- Magistrates’ Courts Act, Cap. 537 s.32(1). Civil Practice and Procedure - Parties - Joinder of- Land sold - Whether the buyers should be joined as a necessary party defendant - Effect of non-joinder. Civil Practice and Procedure - Pleading -Time when cause of action arose - Whether necessary to plead. |
6 October 1983 |
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6 October 1983 |
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Conviction for possession of suspected stolen stock quashed where defence document provided a reasonable explanation not disproved by prosecution.
Criminal law – possession of suspected stolen property – requirement to displace a reasonable explanation offered by accused – effect of defence document purporting lawful purchase – appellate interference where trial court overlooked material defence evidence.
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6 October 1983 |
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6 October 1983 |
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5 October 1983 |
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Inconsistent police testimony and failure to call an available officer created reasonable doubt, requiring acquittal of the appellant.
Criminal law – Customs offences – Importation and possession of uncustomed goods – Credibility of prosecution witness – Material inconsistency in evidence – Failure to call available witness on scene – Reasonable doubt requiring acquittal.
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5 October 1983 |
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Reported
Where a convicted minor lacks means, section 21(1) permits ordering a parent or guardian to pay compensation instead.
Children and Young Persons Ordinance – application where accused is a minor; Section 21(1) – power to order parent or guardian to pay fine, compensation or costs instead of child; Sentencing – practical necessity to impose monetary liability on parent/guardian as minors lack means.
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5 October 1983 |
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4 October 1983 |
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A divorce petition is incompetent where the applicant fails to refer the matrimonial dispute to the mandatory Marriage Reconciliatory Board.
Family law – Divorce – Competence of petition – Mandatory referral to Marriage Reconciliatory Board – Non‑compliance renders petition incompetent – No exceptional circumstances to dispense with referral.
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4 October 1983 |
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Long, continuous undisturbed occupation (28 years) gives strong equitable protection against a later claim.
Land law – long continuous and undisturbed possession – equitable protection of occupancy – appellate interference with primary court finding – restoration of lower court judgment.
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4 October 1983 |
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Whether the claimant proved entitlement to compensation from the deceased’s estate for alleged contributions to construction of houses.
Estate claims – contribution to construction of property – claimant alleging funds from a business used to build houses – evidentiary burden to prove contribution or constructive ownership – appellate review of primary court awards and setting aside for lack of evidence.
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4 October 1983 |
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3 October 1983 |
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Single‑witness identification plus circumstantial post‑offence conduct proved murder; accused convicted and sentenced to death.
Criminal law – murder; identification by single witness using torchlight; admissibility and weight of admissions to third parties; circumstantial evidence and post‑offence conduct as corroboration; exclusion of statements to police.
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3 October 1983 |
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Application to set aside ex parte custody judgment dismissed where applicant deliberately refused service and application was time‑barred.
Civil procedure – ex parte judgment – validity where applicant deliberately refuses service; time‑bar for applications to set aside ex parte orders; custody transfer pursuant to valid ex parte decree.
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3 October 1983 |
Criminal Law - Forcible entry - Elements of- S.85 Penal Code. |
1 October 1983 |
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Reported
Forcible entry requires proof of violent entry; mere unauthorised entry and fruit consumption by the applicant is insufficient.
Criminal law – Forcible entry (section 85) – Elements: entry plus violence (actual force, threats, breaking, or assembling unusual number of people) for purpose of taking possession – Mere unauthorised entry and consumption of produce insufficient – Prosecution must prove violence beyond reasonable doubt.
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1 October 1983 |
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1 October 1983 |
| September 1983 |
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30 September 1983 |
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Appellants' theft and fraudulent accounting convictions upheld where admissions and missing passbook undermined bona fide payment defence.
Criminal law – Theft from bank – Use of forged/false withdrawal form – Fraudulent false accounting – Weight of written admissions – Importance of passbook/signature in validating withdrawals – Bona fide payment defence rejected where passbook absent and admission exists.
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30 September 1983 |
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Appellant's hired-driver defence rejected; conviction and five-year sentence for cattle theft affirmed.
Criminal law – Cattle theft – Possession of stolen property and participation – Credibility of defence claiming hired driver/innocent carrier – Appeal against conviction and sentence.
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30 September 1983 |
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Appeal in absence upheld; identification and arrest evidence sufficed to dismiss robbery‑with‑violence appeals.
Criminal procedure – Appeal in absence – s.319(2)(b)(e) Criminal Procedure Code – failure to provide transfer expenses to prison. Evidence – Identification by victims who knew accused – immediate post‑offence identification – arrest red‑handed. Offences – Robbery with violence – sufficiency of evidence to sustain conviction. Trial review – alleged misdirection/non‑direction on appeal.
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29 September 1983 |
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Judge convicted on single-witness identification, inferring malice and joint liability, and sentenced the accused to death.
Criminal law – Identification evidence – single surviving witness – familiarity with accused, torchlight conditions and approach to victim support reliability of ID. Criminal law – Delay in disclosure – failure to name culprit immediately does not necessarily discredit identification where witness was not asked and was under duress. Criminal law – Murder v manslaughter – malice aforethought inferred from manner of killings. Criminal law – Joint liability/common purpose – presence in company of perpetrators renders accused responsible. Criminal procedure – Assessors’ not guilty opinion may be outweighed by judge’s assessment of credibility.
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29 September 1983 |
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28 September 1983 |
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Appeal dismissed: purchaser entitled to compensation for unexhausted improvements; purchaser’s removal of plantations not compensable.
Land law – redemption of customary/clan land – proper redemption price. Compensation – compensability of unexhausted improvements upon redemption. Ownership rights – purchaser entitled to deal with plantations on purchased land; removal not compensable to redeemer. Costs/refunds – legitimate payments made at purchase (e.g. witness fees) refundable on redemption.
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27 September 1983 |
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27 September 1983 |
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26 September 1983 |
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Conviction based on an uncritically accepted single-witness identification was unsafe and was quashed.
Criminal law – robbery with violence – conviction based on single witness – duty of trial court to critically assess credibility and identification; identification evidence; s.319(2) – accused’s right to be present at appeal conditional on payment of expenses and subject to court’s discretion.
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24 September 1983 |
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Reported
Non‑compliance with s171(1) prompted appellate re‑evaluation and quashing of conviction for theft by servant.
Criminal procedure – section 171(1) – requirement for written judgment to state points for determination, decision and reasons; Non‑compliance not automatically fatal; appellate court must assess sufficiency of record; Appellate re‑evaluation of evidence; Theft by servant – recent possession and reasonable doubt; contradictions in police evidence; resulting quash of conviction.
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23 September 1983 |
Criminal Practice and Procedure – Charges – Charge and statement of facts not disclosing any offence – Whether conviction proper.
Criminal Practice and Procedure – Appeal – Trial court errors not raised by appellant due to ignorance – Power of appellate court. |
23 September 1983 |
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Reported
A charge omitting the statutory weight element renders a guilty plea and conviction nullity ab initio.
Criminal law – statutory offence – charge must allege every essential element; G.N. 80/1976 s.3 requires transported agricultural products to exceed 30 kg to constitute an offence – omission of weight renders charge defective; defective charge vitiates plea of guilty and conviction (nullity ab initio); forfeiture and sentence set aside; refund and restoration ordered.
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23 September 1983 |
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Unexplained shortages of public revenues traced to clerks warranted upheld convictions for theft by public servants.
Criminal law – Theft by public servant – Revenues traced to clerks – Auditor's report as primary evidence – Once traced, accused must give reasonable explanation for shortages; failure to do so permits conviction. Evidence – Evidential burden shifts to accused to explain missing public funds when prosecution traces receipts into their custody. Sentencing – Trial court's concurrent custodial sentences affirmed.
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21 September 1983 |
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21 September 1983 |
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Convictions following guilty pleas upheld; excessive sentences noted but not varied as appellants already served them.
Immigration Act 1972 – offences under immigration law – guilty plea – appeal against conviction – sentence severity – failure to consider mitigating factors (first offender, guilty plea) – influence of extraneous events on sentencing – variation of sentence where sentence already served.
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20 September 1983 |
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20 September 1983 |
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Insanity defence rejected where accused’s actions showed understanding and concealment; convicted of murder and sentenced to death.
Criminal law – murder; insanity defence – statutory test (disease of mind; inability to understand act; inability to know wrongfulness) – psychiatric evidence and weight – self-induced intoxication not a defence to premeditated killing; admissibility/weight of accused’s disclosures to psychiatrist.
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19 September 1983 |
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19 September 1983 |
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Murder not proved as to who delivered fatal blow; one accused convicted of assault occasioning actual bodily harm.
Criminal law – Murder – identity of assailant and common intention; burden of proof; substitution of conviction to lesser offence (s.181 CrPC) – assault occasioning actual bodily harm (s.241 Penal Code); evidential sufficiency; surrender to police as contextual evidence.
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19 September 1983 |
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16 September 1983 |
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An honest claim of right based on a prior land determination can negate criminal liability for destroying crops; conviction quashed.
Criminal law – malicious damage to property – substitution of charge under s.209 Criminal Procedure Code – defence of honest claim of right under s.9 Penal Code – effect of prior Land Tribunal decision on criminal liability – absence of evidence to assess compensation.
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15 September 1983 |
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Appellate courts should not overturn trial credibility findings absent compelling reasons.
Civil appeal – evaluation of conflicting oral testimony – credibility findings by trial magistrate and assessors entitled to deference. Appellate review – courts reading the record should not readily overturn trial court credibility determinations. Disputed land – possession/cultivation evidence insufficient to displace credibility-based ownership finding.
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13 September 1983 |
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13 September 1983 |
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Appellate courts may, in exceptional cases, reassess factual findings — distinctive marks and witness ID can suffice to identify stolen property.
Criminal law – appellate review of facts on second appeal – rare circumstances permitting reassessment; Identification of stolen property – reliability of witness identification and distinctive marks despite delay; Effect of inconsistencies or delay on credibility.
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12 September 1983 |
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Conviction unsafe where prosecution evidence conflicted on number of cash boxes and key police witness lacked corroboration.
Criminal law — conviction based on circumstantial evidence — contradictions in prosecution witnesses about handling of cash boxes — interested police witness requiring corroboration — unsafe conviction quashed.
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10 September 1983 |
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Appellate court substituted conviction for receiving/possession of stolen cattle and sentenced the respondent to two years' imprisonment.
Criminal law – Cattle theft and possession of stolen stock – Whether appellate court may disturb trial court credibility findings – Substitution of conviction for a lesser offence (receiving/possession of stolen cattle) – Prosecutorial error in framing charges and dates.
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9 September 1983 |