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530 judgments found.
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December 1986
Convictions quashed where delivery note and missing accounts failed to prove shortage and intent beyond reasonable doubt.
Criminal law — theft by agent (s.273(b)) and fraudulent false accounting (s.317(b)) — insufficiency — Proof beyond reasonable doubt
31 December 1986
Owner entitled to release of seized vehicle for safe‑keeping, subject to production when required in court.
Criminal Procedure Act s.51(1) — Release of seized property to non‑charged owner for safe‑keeping; Condition of production when required in court; Police objection permissible only where release would prejudice investigation or trial.
31 December 1986
The appellant's conviction for stealing by a public servant was upheld; the seven-year sentence was reduced to five years.
Criminal law
— sentencing — Mitigating factors (first offender, youth, family) — Excessive sentence — appellate variation to statutory minimum
— Theft by public servant — Evidence — Custody of keys and participation in stock-taking as incriminating circumstances — Earlier incomplete inventories do not create reasonable doubt when final inventory in accused's presence shows shortage
31 December 1986
Appeal dismissed: land held as security for a loan requiring redemption by repayment; locus visit unnecessary and costs wrongly ordered against respondent.
Land disputes — Land dispute — whether payment created mortgage/conditional sale or temporary licence — redemption by repayment — costs for locus visit and allocation of costs
30 December 1986
Appeal against conviction for theft by a post officer dismissed; defence conspiracy allegation found unsubstantiated.
Criminal law — Theft by servant — credibility of prosecution witnesses — Defence allegation of conspiracy by supervisors — Appeal against conviction and statutory minimum sentence
23 December 1986
Appeal against conviction and sentence for theft by servant dismissed; circumstantial evidence and credibility findings upheld.
Criminal law
— alibi — credibility and corroboration
— sentencing — minimum sentence confirmation for large-scale theft
— Theft by servant — Conviction on circumstantial evidence — Sufficiency of circumstantial proof to exclude reasonable hypothesis of innocence
— witness credibility — prior inconsistent police statement and familial bias
22 December 1986
19 December 1986
Possession of stolen goods, lawful access by key, and flight supported conviction for theft by a public servant; minimum sentence upheld.
Criminal law
— Circumstantial evidence — flight as indication of guilty conscience
— Minimum Sentence — Minimum prescribed sentence upheld where conduct and possession demonstrate joint participation in theft
— Theft by public servant — Circumstantial evidence — possession of keys and absence of forced entry
19 December 1986
Circumstantial evidence upheld theft conviction; sentence substituted with statutory five-year minimum for scheduled offence.
Criminal law
— sentencing — Scheduled offences involving property of a specified authority and value above threshold attract statutory minimum sentence
— Servant’s negligence — Loss by negligence is not theft, but denial of negligence is relevant to culpability
— Theft — Circumstantial evidence — When circumstantial evidence excludes reasonable alternatives and proves guilt beyond reasonable doubt
19 December 1986
Convictions for insulting modesty and indecent assault by a teacher upheld; sentences noted as lenient but left undisturbed.
Criminal law
— sentencing — Aggravating factor of teacher — pupil relationship — lenient sentences noted but not altered where already served
— sexual offences — Insulting modesty and indecent assault by a teacher upon a pupil — Credibility of complainant and corroboration
Criminal procedure — Charge-sheet date discrepancy — Temporal inconsistencies not fatal where evidence supports the offences charged
18 December 1986
Entry of a nolle prosequi by the prosecution results in discharge of the accused under section 91 of the Criminal Procedure Act.
Criminal procedure — nolle prosequi — discharge of accused
18 December 1986
Conviction quashed where trial court convicted on unpleaded facts without amending the charge.
Criminal procedure — alteration of charge
— conviction cannot rest on a factual basis different from particulars without amendment and plea
— retrial discretionary
— sentence and licence cancellation set aside
14 December 1986
Insufficient proof of malice; acquitted of murder, convicted of manslaughter and sentenced to seven years.
Criminal law
— Murder — requirement of malice aforethought and when conviction may be reduced to a lesser offence
— Self-defence and fight — assessment of competing versions where single eyewitness evidence is relied upon
Evidence
— credibility and sufficiency of eyewitness testimony
— weight of medical evidence
13 December 1986
Reported
Conviction under a repealed statute can be curable, but substance identity and government‑analyst certification must be proved.
Criminal law
— Poisons — Identification of substance and proof required to establish Part I poison
— Statutory repeal and curability
Criminal procedure
— Expert evidence
— ordinary doctor's report not sufficient
12 December 1986
Conviction quashed where the substance’s status as a Part I poison and required government‑analyst certification were not proved.
Criminal law — possession of Part I poison — identity of the substance (chloroquine injection versus chloroguinate) — charging
— curability where offence re‑enacted identically in new statute.* Evidence
— ordinary doctor’s report is not conclusive
12 December 1986
12 December 1986
Criminal law
— Accused convicted of being in possession of Part I Poison — Accused in possession of chloroquine injection
— Criminal practice and procedure — Charges — Charge — irregularity — Whether curable
12 December 1986
Voluntary extra-judicial confession admissible; malice not proved, conviction reduced to manslaughter and five-year sentence imposed.
Criminal law — admissibility of extra-judicial statement — voluntariness and proper recording
Criminal law — Evidence
— Role of assessors' opinion versus judge where confession exists
— witness credibility and identification
12 December 1986
Appellate court set aside an unsafe cattle‑theft conviction and held that unreliable visual identification without corroboration requires acquittal.
Criminal law — Evidence — Sufficiency and credibility of evidence in cattle‑theft prosecutions — role of recovered property and village head (balozi) testimony
Criminal procedure — Standard for reporting strayed property — whether reporting to the balozi can negate criminal liability for receiving stray cattle
Evidence — Visual identification — warnings about the unreliability of identification from fleeting glimpses or in semi‑darkness
12 December 1986
Appellate court restored Primary Court’s finding of land ownership and held village-boundary disputes cannot defeat proven ownership.
Land law — Ownership of land — appellate review of lower court’s failure to decide ownership — distinction between private ownership and village-boundary disputes — referral to public administration
11 December 1986
Appellate court quashed criminal conviction for denial of defence witnesses; dismissed civil claim as time‑barred.
Civil procedure — Limitation of actions — twelve‑year period — time‑bar for recovery of property
Criminal law
— Evidence — relative witness — interest and need for corroboration assessed on record
— Right to call defence witnesses — trial court’s duty to take steps to secure attendance (summons/arrest) — refusal to adjourn and closing defence can amount to miscarriage of justice
11 December 1986
High Court restored a customary elders’ bridewealth award, holding appellate reduction was unjustified and instalments preferable to reduction.
Civil procedure
— Appellate interference — appellate court should not unjustifiably interfere with trial court findings based on customary determinations
— remedy — payment difficulties may be addressed by instalments, not by reducing customary awards
Customary law — bridewealth — elders’ determination — courts should respect customary quantification of bridewealth and not substitute their own views
10 December 1986
Conviction for obtaining money by false pretences affirmed where tickets were falsely represented as immediately available; appeal dismissed.
Criminal law
— Obtaining Money by False Pretences — representation as to existing fact versus future promise — tickets represented as immediately available constituted false pretence
— Sentence — two years' imprisonment not excessive
Evidence — participation in concert — presence at scene and handling of money as proof of involvement
10 December 1986
Bail granted for alleged unlawful exportation with strict bond, travel‑document surrender, reporting and immovable‑property sureties.
Criminal procedure — Bail — Application for bail in an economic offence (unlawful exportation)
— Court may impose stringent conditions where offence is serious and there is real risk of non‑appearance
— surrender of travel documents, monetary bond and sureties with immovable property ordered. Temporary suspension of reporting condition while accused is hospitalized. Examination and approval of sureties by the court
10 December 1986
Accused's self‑defence ended once the deceased fled; subsequent brick‑throwing was unlawful, leading to conviction and seven‑year sentence.
Criminal law — eyewitness credibility
Criminal law — Manslaughter
Criminal law — Self‑defence
— right ceases when threat has ended
— subsequent acts may become unlawful aggression
Criminal law — sentencing — mitigation and remand custody
5 December 1986
4 December 1986
Retracted extra‑judicial confessions corroborated by eyewitness and medical evidence supported murder convictions and death sentences.
Criminal law — Evidence — Extra‑judicial confessions — Retraction and requirement of corroboration, weight where recorder testifies
Criminal law — Murder
— Common intention
— provocation and heat of passion — Heat of passion not established where beating was prolonged
4 December 1986
Court upheld reduced dowry refund, ruling courts must weigh fault, marriage duration and children when exercising discretion.
Family law — customary marriage — Refund of brideprice on divorce — Judicial discretion: degree of fault, duration of marriage and children — Law No. 279/63 ss. 28, 54
2 December 1986
Missing trial records led the court to quash convictions and release the appellant rather than order a retrial given time served.
Criminal law — Appeal procedure
— adequacy of record where original trial file is lost
— consideration of time served and interests of justice
2 December 1986
Conviction for night-time robbery quashed where identification evidence was insufficient to prove identity beyond reasonable doubt.
Criminal law — identification evidence — Sufficiency of visual identification at night — Burden to prove identity beyond reasonable doubt
1 December 1986
1 December 1986
Conviction for robbery with violence upheld where appellant was caught red‑handed; mandatory seven‑year sentence affirmed.
Criminal law
— Robbery with violence — Evidence of being caught red‑handed supports robbery conviction — Credibility of eyewitness identification
— Mandatory sentence — Appropriateness of mandatory sentence given minor injury
1 December 1986
November 1986
Reported
Civil procedure — Probate and administration — Revocation of appointment of administrator of estate of deceased — Reasons that may Justify such revocation
29 November 1986
Provocation reduced the unlawful killing from murder to manslaughter; accused convicted and sentenced to five years imprisonment.
Criminal law — homicide — distinction between murder and manslaughter
— Defences of self‑defence, intoxication and confusion examined and rejected
— Eyewitness and post‑mortem evidence establishing causation
— provocation negating malice aforethought
29 November 1986
Reported
Misapplication of estate assets establishes good and sufficient cause to revoke an administrator's appointment under the Magistrates' Courts Act.
Civil procedure — Administration of estates — Misapplication of estate assets
29 November 1986
Misapplication of estate assets by an administrator justified revocation, surrender of appointment documents, and liability to account.
Civil procedure
— Administration of estates — Misapplication or loss of estate assets — proof on balance of probabilities
— Remedies — surrender of appointment documents, appointment of new administrator, civil action for value of unaccounted property
Probate law
— Liability of administrator — duty to make good loss or damage and to account
— Revocation of administrator — misapplication as sufficient cause
29 November 1986
Handwriting identification and custody of the purchase order book upheld conviction for attempted obtaining goods by false pretences.
Criminal law — obtaining goods by false pretences — Sufficiency of circumstantial evidence — Evidence Act s.42 (1967)
29 November 1986
Distinctive identification and possession upheld theft convictions; six-month sentences left undisturbed.
Criminal law
— Theft — identification of stolen property — owner’s recognition by distinguishing marks admissible
— Ownership dispute — Competing claim insufficient where identification by owner is convincing
— Sentence — Six months imprisonment not excessive — Appellate court declines to disturb lenient term
28 November 1986
Appellate court upheld customary-law award of house and shambas; animals excluded as bridewealth, appeal dismissed.
Customary law
— Succession/customary law — Entitlement to immovable property based on contribution and care — Customary law (sukuma)
— bridewealth (lobola) — Whether animals received as bridewealth form part of deceased's estate
Appellate practice — Appellate review of factual findings — Concurrent findings of fact — When appellate court should not disturb lower courts' factual conclusions
27 November 1986
A dying declaration by a severely burned, possibly non‑lucid victim requires corroboration to support a murder conviction.
Criminal law — homicide — Use and weight of dying declarations — Need for corroboration where declarant is severely injured and possibly not lucid
Evidence — Medical evidence — Establishes death but not authorship of act — Medical proof establishes cause of death but not perpetrator
27 November 1986
Circumstantial evidence proved the accused caused death but not malice aforethought, resulting in manslaughter conviction.
Criminal law — Assault resulting in death
— distinguishing accidental fall from inflicted injuries
— Intoxication and proof of malice aforethought
Criminal law — Circumstantial evidence — standard and sufficiency
Criminal law — Pesticide evidence
— Manslaughter versus murder
— proof of forced administration
27 November 1986
Insufficient proof of malice aforethought where a mob beating followed a fight; accused acquitted of murder.
Criminal law — homicide
— burden to prove malice aforethought
— credibility of witnesses and effect of contradictions
— Distinction between murder and manslaughter where death follows group violence
25 November 1986
Conviction based solely on an accomplice's uncorroborated evidence and unaddressed alibi is unsafe.
Criminal law
— Defence of alibi — obligation on trial court to consider and evaluate defence evidence — Trial court’s duty to consider and make findings on alibi
— Evidence — accomplice/co‑accused evidence and corroboration — Need for caution and corroboration
Criminal procedure — Appeal — conviction unsafe and quashed where corroboration and assessment of defence are defective — Safety of conviction where conviction rests on uncorroborated accomplice evidence and unaddressed alibi
24 November 1986
Prosecution failed to prove malice aforethought where mob beating caused death and origins of the fight remained uncertain.
Criminal law — homicide
— burden on prosecution to prove malice aforethought and to negative provocation or self‑defence
— credibility of witnesses and effect of contradictions on proof beyond reasonable doubt
— Distinction between murder and manslaughter where multiple assailants or mob violence cause death
23 November 1986
Acquitted of murder for lack of malice; convicted of manslaughter after a sudden fight and sentenced to five years.
Criminal law — Murder
— sudden fight and self-defence considered
— whether malice aforethought proved
Criminal law — Sentence — custodial sentence imposed for manslaughter
Criminal law — Weapons — customary carrying of a knife in rural areas does not by itself prove intent to kill
Evidence
— assessors’ opinion adopted
— credibility of eyewitnesses
22 November 1986
Failure to mention crops in a reallocation notice does not bar compensation where evidence shows respondents removed those crops.
Land law — Arbitration admissions
— Appellate review of factual findings and compensation assessment
— thumbprint acknowledgements
Land law — Land allocation — crops left on land — whether failure to mention crops in reallocation document defeats claim for their removal
22 November 1986
Ammunition is an explosive for purposes of bail prohibition under section 148(5)(a) of the Criminal Procedure Act.
Criminal procedure — Bail
21 November 1986
Reported
Court allowed review to raise attachment of a residential house for error apparent on the record and other sufficient reason.
Civil procedure
— chamber applications — affidavit as substitute for oral evidence — Irregularity of absence of affidavits not fatal
— Limitation Act s.14(1) — Leave to lodge review out of time under s.14(1) Law of Limitation Act — Short delay and litigant's ignorance may justify extension
— Review — Raising attachment of judgment-debtor's residential house — Error apparent on the face of the record and other sufficient reason as grounds for review
21 November 1986
Civil practice and procedure — Reviews — Application for a review — Chamber application not supported by affidavits — Chamber application supported by oral statements made by applicant in court — Whether such application for review is regular
21 November 1986
Accused convicted of manslaughter for recklessly administering alcohol and poison to a child; intent to kill not established.
Criminal law
— Homicide — Proof of death and cause
— Homicide: murder versus manslaughter — Intention to kill or cause grievous harm required for murder — s.200 Penal Code
— Defence of alibi — Where credible, can create reasonable doubt if prosecution evidence is insufficient
21 November 1986