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Citation
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Judgment date
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| August 1983 |
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Reported
Evidence — Sufficiency of evidence — Two people jointly charged with cattle theft, c/s 268 of the Penal Code, Cap. 16. — One pleads guilty — the other convicted on shaky evidence — Accomplice didn't give evidence — Whether conviction should stand.
Evidence — Plea of guilty is a confession of fact — Evidence must be led in a later trial of a former co-accused regarding it. |
24 August 1983 |
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Reported
Appeal allowed: identification unsafe and co-accused's unproved guilty plea could not be used against the appellant.
Criminal law – identification evidence – reliability where witness viewed accused at significant distance and in bush; Evidence Act s.33(1) – use of one accused's plea/confession against co-accused requires proof; competency – convicted co-accused may be called as prosecution witness after proceedings finalised if prosecution elects to do so.
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24 August 1983 |
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Appeal allowed: mere possession of local liquor without proof of ownership or health risk does not satisfy s.179 Penal Code.
Criminal law – unlawful possession of local liquor – sufficiency of evidence of possession/ownership; admissibility of co‑accused’s statements; requirement under s.179 Penal Code that act be likely to spread infection dangerous to life and accused’s knowledge; need for proof or expert evidence of public health risk; proof of municipal prohibition order and publication.
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24 August 1983 |
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Delay did not defeat prosecution; appellant's implausible defence and lack of corroboration upheld convictions.
Criminal law – false document and stealing by servant – admission to preparing document – sufficiency of corroborative evidence (receipts, witnesses) – improbability of defence – delay in prosecution considered but not determinative.
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23 August 1983 |
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Public prosecutor’s unexplained non-appearance permits magistrate to dismiss charges under s.198; appeal against acquittal dismissed.
Criminal procedure – Section 198 (non-appearance of complainant) – Public prosecutor treated as complainant – Where prosecutor fails to attend hearing dates and accused appears, magistrate may dismiss charge and acquit – Appellate interference only where discretion misapplied.
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23 August 1983 |
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A purchaser is entitled to compensation when a former occupier continues using produce after a valid sale.
Land law – sale of land – purchaser’s right to enjoy fruits of land – effect of valid sale on prior occupier’s rights Compensation – recovery of value of produce taken without consent where valuation undisputed Procedure – pending appeal/ministerial review does not justify continued use of purchaser’s property Remedies – wrongful user liable to compensate; claims concerning sale should be against vendor
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23 August 1983 |
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The applicant's robbery conviction was upheld due to recovery and identification of the stolen watch and a forged receipt.
Criminal law – Robbery with violence; identification and recovery of stolen property; credibility of witnesses; fabricated documentary evidence (false receipt); appellate review of trial magistrate's factual findings.
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23 August 1983 |
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A public servant who issued an LPO for timber not received into departmental custody was properly convicted and sentenced for stealing.
Criminal law – stealing by a public servant – issue of unauthorised LPO and non-delivery of goods – defence of acting on superior’s instructions – appellate review of conviction and sentence.
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23 August 1983 |
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Appeal dismissed: convictions for membership and assisting management of an unlawful society affirmed on evidence of preaching and possession of sect literature.
Criminal law – Societies Ordinance – membership of unlawful society; Evidence – possession of religious literature and preaching as probative of membership/assistance in management; Right to silence – appellant's silence did not vitiate conviction where prosecution evidence was uncontradicted; Sentencing – concurrent two-year terms affirmed.
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22 August 1983 |
Torts - Defamation - Allegations of witchcraft uttered before villagers who believe in witchcraft - Whether defamatory. Torts - Defamation - Slander - Allegations of killing by witchcraft and possessing instruments of witchcraft - Whether actionable per se. Torts - Damages - Amount prayed for without showing any special damage suffered - General damages. |
22 August 1983 |
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Reported
First defendant’s public accusations of witchcraft and murder were defamatory and actionable per se; plaintiff awarded Shs.25,000 and costs.
Defamation (slander) – spoken imputations of criminal conduct and witchcraft – actionable per se; ex parte uncontradicted evidence; general damages presumption for injury to reputation; dismissal of claim where no evidence of presence.
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22 August 1983 |
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Earlier short‑term occupancy prevails unless lawfully revoked; Master Plans do not extinguish rights without statutory publication.
Land law – right of occupancy – priority of rights: earlier right in time prevails; termination requires statutory revocation, surrender or acquisition. Town and Country Planning – Master Plan/scheme does not extinguish existing property rights absent statutory procedures and Gazette publication. Administrative act of granting new right without revocation of prior right cannot lawfully deprive earlier occupier.
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22 August 1983 |
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Driver who saw pedestrians in a village but failed to slow was convicted of causing death by dangerous driving.
Road Traffic Act – causing death by dangerous driving – evidence of speed inferred from distances and vehicle movement on sketch plan – foreseeability of pedestrians in village – duty to reduce speed when passing populated areas.
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22 August 1983 |
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An appellate court will not displace a trial court’s credibility finding absent misdirection; insufficient proof of quantum justifies reducing damages.
Civil liability – crop damage by cattle – evidentiary requirement for corroboration; credibility findings of trial court – appellate review; proof of quantum – necessity to prove quantity, yield and commercial value.
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20 August 1983 |
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20 August 1983 |
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Appellate court affirms lower courts that disputed land belongs to the respondent based on credible boundary evidence.
Land law – ownership dispute – credibility of boundary evidence – weight given to witness who previously reconciled parties and fixed boundaries Civil appeals – appellate review of concurrent findings of fact and credibility – where lower courts’ assessments are unchallenged, they will be affirmed Relief – confirmation of lower court judgment and dismissal of appeal with costs
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20 August 1983 |
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Conviction for selling above maximum price quashed for lack of evidence on metric weight and absence of the statutory price list.
Criminal law – Offence of selling regulated goods above maximum price – Requirement for technical evidence linking traditional measures to metric weight – Duty to weigh goods or call weights-and-measures expert; Evidence – Necessity to produce statutory price list or lawful proof of authorised price fixation before convicting.
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20 August 1983 |
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Conviction under Stock Theft Ordinance quashed—possession of meat, not live stock, and no proof it was the complainant's cow.
Criminal law — cattle theft — Stock Theft Ordinance (cap. 422) — possession of suspected stock — distinction between meat and live stock — insufficiency of evidence linking property to alleged theft — conviction quashed.
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19 August 1983 |
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Uncertain nighttime identification and a credible alibi led to acquittal for lack of proof beyond reasonable doubt.
Criminal law – Murder – Identity – Night-time eyewitness identification reliability; Alibi defence – corroboration by contemporaneous work/payment records; Burden of proof – prosecution must establish identity beyond reasonable doubt; Acquittal where real possibility of mistaken identity exists.
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19 August 1983 |
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Requests for a judgment copy by an accused or agent can constitute notice and justify leave to appeal out of time.
Criminal procedure – leave to appeal out of time; notice of appeal – request for copy of judgment by accused or agent as sufficient notice; effect of custody on time computation; section 314 Criminal Procedure Code issues.
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19 August 1983 |
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A branch manager lawfully issuing a transport permit and selling maize did not commit a crime; convictions and fines quashed.
Criminal law – sale and transport of foodstuffs – requirement of permit – authority of corporation branch manager to issue permit. Administrative v. criminal remedy – complaint against authorised act should be pursued administratively, not by criminal prosecution. Revisional powers – court may quash convictions and order refunds and restoration of property even where an accused has not appealed.
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18 August 1983 |
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Circumstantial evidence must exclude reasonable alternatives; conviction quashed where others had access to the scene.
Criminal law – Stealing – Circumstantial evidence – Chain of circumstances must irresistibly point to accused's guilt. Circumstantial proof – Must exclude reasonable hypothesis of innocence or third‑party guilt. Conviction unsafe where multiple persons had access and keys were left unsecured.
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18 August 1983 |
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Child identification and recovered stolen property upheld convictions for robbery; appeals dismissed.
Criminal law – Robbery – Identification evidence by a child witness; recovery of stolen property as corroboration; proof beyond reasonable doubt; sentence (statutory minimum).
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18 August 1983 |
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Conviction and six-year sentence for office breaking and stealing upheld on evidence and deterrence grounds.
Criminal law – office breaking and stealing – sufficiency of identification evidence at night; credibility of witnesses; rejection of denial defence; deterrent sentencing.
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17 August 1983 |
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Constructive possession of suspected stolen sugar upheld; conviction and two-year sentence affirmed.
Criminal law – Possession of property reasonably suspected to be stolen – constructive possession established by loading and control of goods – section 312(a) Penal Code – known owner does not necessarily preclude conviction – sentence confirmed.
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17 August 1983 |
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Conviction for cattle theft based solely on co-accused's statement and possession of meat/skin without corroboration is unsafe.
Criminal law – Theft – Proof required to convict for cattle theft – need for direct evidence or corroboration of accused's involvement; mere possession of meat/skin insufficient.* Criminal procedure – Reliance on co-accused's statement/confession – uncorroborated statements by a co-accused cannot safely ground conviction of another.
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17 August 1983 |
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Accused convicted of manslaughter: court found death caused by his beatings but intention to kill was not proved.
Criminal law — Homicide: distinguishing suicide from homicide; circumstantial and eyewitness evidence; murder (s.196) requires proof of intention to kill/grievous harm; absence of post‑mortem does not preclude conviction where evidence establishes cause; conviction reduced to manslaughter (s.195).
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17 August 1983 |
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The court upheld the applicant's conviction for failing to restrain dangerous dogs that bit the respondent on a public highway.
Criminal law – Negligence in relation to dangerous animals – Owner's duty to take precautions – Liability where dogs attack person on public highway. Evidence – Admission by owner and family; credibility of complainant – sufficiency to sustain conviction. Defence grounds (time discrepancy; absence of specific chaining statute; alleged intoxication) insufficient to rebut prosecution case.
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16 August 1983 |
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Convictions for robbery, unlawful firearm possession and assault upheld; sentencing reduced to eight years due to magistrate's sentencing error.
Criminal law – conviction for robbery supported by possession of stolen property (recovered firearm). Criminal law – assault occasioning actual bodily harm supported by eyewitness testimony of being struck with gun butt. Appellate procedure – new defences (insanity) not raised at trial will not be entertained on appeal. Sentencing – impermissible conversion of fines into consecutive imprisonments may exceed magistrate’s jurisdiction; appellate substitution appropriate.
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16 August 1983 |
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16 August 1983 |
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16 August 1983 |
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Appellate court upheld a servant-theft conviction where physical comparison of gear wheels supported the trial court’s findings.
Criminal law – Stealing by servant – Proof — physical comparison of seized exhibits and store item – weight of trial magistrate’s direct inspection and factual findings. Appeal – appellate deference – appellate court will not disturb trial magistrate’s findings of fact where he personally inspected and compared exhibits.
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16 August 1983 |
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15 August 1983 |
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Appellate court reduced an excessive fine to the statutory maximum and ordered refund of the excess.
Criminal law – sentencing – unlawful sentence exceeding statutory maximum – appellate court may set aside and substitute lawful sentence; refund of excess fine.
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15 August 1983 |
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A dowry recovery claim is premature and void if brought before the marriage has been dissolved by court.
Family law – Dowry (bride-price) recovery – Claimability only after judicial dissolution of marriage – Marriage Act 1971 – Proceedings for dowry recovery while marriage subsists are irregular and a nullity.
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15 August 1983 |
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Applicant's cattle-theft conviction upheld on identification and implausible defence; five-year sentence affirmed.
Criminal law – Cattle theft – Identification of stolen property (skin and head) by marks and circumstantial evidence; credibility of accused's explanation. Evidence – Evaluation of conduct and inconsistencies (leading complainant to another village; dumping carcass) as undermining defence. Sentence – Five-year imprisonment is the statutory minimum and appropriate where conviction sustained.
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15 August 1983 |
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Owner’s identification by marks on recovered clothing upheld as sufficient to convict appellant of receiving stolen property.
Criminal law – Receiving stolen property – Identification of stolen goods by owner via distinguishing marks; sufficiency of identification evidence; conviction and sentence affirmed on appeal.
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15 August 1983 |
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Doctrine of recent possession upheld to sustain the applicant’s convictions for housebreaking and theft; coercion defence rejected.
Criminal law – housebreaking and theft – doctrine of recent possession – identification evidence – defence of coercion/mob compulsion – sufficiency of evidence – appeal dismissed.
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13 August 1983 |
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One appeal reduced to absolute discharges for excessive consecutive sentences; another appeal dismissed, upholding theft conviction and five-year term.
Criminal law – guilty plea — conviction valid but sentence reviewable; sentencing — excessive consecutive terms set aside and absolute discharge granted. Criminal law – theft — circumstantial evidence (stolen property found adjacent to accused’s premises) can support conviction; five-year sentence upheld where value and circumstances justify custodial term.
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13 August 1983 |
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Conviction for cattle theft quashed where sole identification evidence was unsatisfactory; appellant ordered released.
Criminal law – Cattle theft – Conviction based on single identifying witness – Insufficient and unsatisfactory identification evidence – Conviction quashed and sentence set aside.
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13 August 1983 |
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13 August 1983 |
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A clan member not party to a sale may redeem clan land; purchase does not confer clan membership; improvement claims require fresh suit.
Customary land law (Haya) – clan (kibanja) land – right of redemption by nearer relation not party to sale (Cory & Hartnoll para. 570); purchaser does not acquire clan membership by purchase; procedural rule – new claims (unexhausted improvements) cannot be raised first on appeal and must be litigated in Primary Court.
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13 August 1983 |
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Convictions unsafe where audit report failed to particularise alleged shortages or link them to the appellant.
Criminal law – Theft by servant – Adequacy of audit report to support multiple counts – Particularisation of losses – Proof of causal link between alleged shortage and accused’s responsibility.
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13 August 1983 |
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Appellate court upheld acquittal where witness contradictions and medical evidence undermined prosecution's assault allegation.
Criminal law – Assault occasioning actual bodily harm – Evaluation of witness credibility – Contradictory eyewitness accounts and absent corroborative medical evidence undermining prosecution case. Criminal law – Medical evidence – Injuries consistent with fall into ditch, inconsistent with alleged beating on buttocks. Criminal procedure – Appellate review – reluctance to overturn trial court's credibility findings where reasonable basis exists.
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12 August 1983 |
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Trap operation and recovered cash on the appellant upheld conviction for corrupt transaction by an agent.
Criminal law – Corruption by agent – Acceptance of gratification – Trap operations and recovery of cash as evidence – Credibility of defence alleging police planted the money – Prevention of Corruption Act No.16 of 1971 (ss.2(a), 3(2)(a)).
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12 August 1983 |
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Where identity and provenance of seized items are not proved, an acquitted person cannot be deprived of those items.
Criminal law – robbery – acquittal – failure to prove identity of accused and connection to alleged stolen articles – doctrine of recent possession inapplicable – restitution and disposition of seized property.
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12 August 1983 |
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Reported
An illegally excessive subordinate-court sentence cannot be confirmed or enhanced without giving the accused opportunity to be heard.
Criminal procedure — Sentencing limits of subordinate courts (s.7(1)(a) CPC) — Applicability of Minimum Sentences Act for scheduled offences — Confirmation of sentences — Illegality cannot be confirmed — s.329(1)(a) and (2) CPC — Requirement to give accused opportunity to be heard before making orders prejudicial to him.
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12 August 1983 |
Criminal Practice and Procedure - Sentences - Power of confirmation of sentence -Whether it can be exercised in relation to sentences illegally imposed. Criminal Practice and Procedure - Sentences - Enhancement of sentence - S.329 of the Criminal Procedure Code. Cap. 20-1 Order of enhancement not to prejudice accused. Criminal Law - Minimum Sentences Act - Whether offence againstan unregistered Ujamaa Village could be brought within the Minimum Sentences Act. 1972. |
12 August 1983 |
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11 August 1983 |
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Appeal dismissed; high blood alcohol and dangerous driving upheld convictions, sentences and disqualification.
Road Traffic offences – driving under the influence – blood-alcohol evidence establishing incapacity to control vehicle – conviction for causing death by dangerous driving. Sentencing – severity and general deterrence where deaths and serious injuries occurred. Disqualification from holding/obtaining driving licence upheld.
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11 August 1983 |