|
Citation
|
Judgment date
|
| January 1986 |
|
|
The appellants' convictions for robbery with violence upheld due to reliable visual identification and unconvincing alibis.
Criminal law – robbery with violence – visual identification – reliability of identification at night through a window under security lighting – prior acquaintance as corroboration – alibi defence – appellate review of identification findings.
|
31 January 1986 |
|
Court varied lower-court division of matrimonial assets, allocating specific houses and the farm between appellant and respondent.
Matrimonial property — division of houses and land after cohabitation and divorce — assessment of contributions to acquisition and development — appellate intervention for misdirection by lower courts.
|
31 January 1986 |
|
Eyewitness visual and voice identification corroborated by seized stolen clothing upheld conviction and an eight-year sentence.
Criminal law – Robbery with violence – Visual and voice identification – Reliability of identification where torchlight was flashed and witness was at close range.* Criminal law – Corroboration – Seized clothing identified as stolen goods linking accused to offence.* Criminal procedure – Delay between offence and arrest – Effect on reliability of identification evidence.* Sentencing – Appropriateness of eight-year imprisonment for robbery with violence.
|
30 January 1986 |
|
Pre-hearing inspection and prejudicial remarks rendered the trial unfair; convictions and sentences were quashed.
Criminal procedure — fairness of trial — prejudgment by magistrate through pre-hearing inspection and comments; evidentiary weight of demonstrations by accused; standard of proof beyond reasonable doubt; sentencing — misdirection by basing sentence on alleged benefit instead of value of stolen property (Minimum Sentences Act).
|
30 January 1986 |
Criminal Law - Township Rules - Whether applies to Minor Settlements. Criminal Law - Unnatural offence - Ingredients ofthe offence. Criminal Law - Attempt to commit an unnatural offence - Offence not committed where appellant had notstarted to undress himself |
29 January 1986 |
|
Reported
Convictions quashed where township basis lacking and evidence insufficient for unnatural‑act or attempt offences.
Criminal law – Validity of township by‑laws – Locality must be legally declared a township before township rules apply; Sentencing – statutory maximum under subordinate rule enforceable; Criminal law – Unnatural offence (s.154(3)) requires proof of permitting another to have carnal knowledge; Attempt (s.155) requires an act directed at commission, mere acceptance of proposal insufficient.
|
29 January 1986 |
|
Identification upheld; conviction reduced to attempted robbery and seven-year minimum sentence affirmed.
Criminal law – Robbery with violence v. attempted robbery – distinction where appropriation/movement of property not completed. Identification – reliability of witness identification in daylight with prolonged opportunity to observe. Sentencing – application of Minimum Sentences Act No. 1/72; minimum sentence upheld.
|
29 January 1986 |
|
Appeal allowed; convictions for obtaining goods by false pretences quashed due to inadequate evidence and missing material witness.
Criminal law – Obtaining goods by false pretences (s.302 Penal Code) – Proof requires direct evidence from the person to whom the false representation was made – Failure to call material witness renders allegation hearsay and convictions unsafe.
|
28 January 1986 |
|
Discovery of wife's adultery found to be sudden provocation reducing murder to manslaughter; sentence suspended.
Criminal law – Murder vs manslaughter – sudden and grave provocation arising from discovery of adultery; prior knowledge of adultery does not automatically preclude provocation defence; talak does not dissolve marriage under Marriage Act 1971; sentencing considerations — advanced age and prolonged pre-trial custody.
|
27 January 1986 |
|
Possession of recently stolen property justified inference of guilt; appellant’s explanation deemed not reasonably true; conviction upheld.
Criminal law – Robbery – Recent possession of stolen property – Whether possession shortly after the theft gives rise to an inference of participation. Evidentiary doctrine – Recent possession – accused’s duty to give a reasonably true explanation to rebut inference. Sentencing – statutory minimum sentence upheld.
|
26 January 1986 |
|
Victim identification at night held reliable; alibi rejected and appeals against robbery convictions dismissed.
Criminal law – Robbery – Identification evidence at night – lamp/lantern and proximity supporting identification – alibi rejected as unreasonable – failure to recover stolen property immaterial where identification is direct and credible – appellate review of convictions.
|
25 January 1986 |
|
Discharge under section 89 CPC is not an acquittal; magistrate’s closure under s.89 upheld and re‑charging remains possible.
Criminal procedure – s.89 Criminal Procedure Code – magistrate may refuse to admit a charge disclosing no offence – effect is discharge, not acquittal. Private prosecution – withdrawal of permission to prosecute where State has withdrawn for lack of evidence and further adjournment sought. Re‑prosecution – discharge under s.89 does not bar re‑charging the accused if sufficient evidence later emerges.
|
25 January 1986 |
|
Conviction for robbery quashed where prosecution evidence was inconsistent and witness testimony insufficient to safely establish possession.
Criminal law – Robbery with violence – Sufficiency and credibility of evidence; Possession of alleged stolen goods – proof and linkage to offence; Appeal – unsafe conviction where prosecution evidence contains material inconsistencies and unexplained lacunae.
|
24 January 1986 |
|
The appellant holding the legal right of occupancy is entitled to vacant possession despite the respondent’s claimed contributions.
Property law – right of occupancy – legal title v contributions to building – pleadings and issues – improper determination of matrimonial asset outside pleadings – caveat and recovery of possession.
|
24 January 1986 |
|
Appellate court quashed convictions where documentary and witness evidence were unreliable and prosecution failed to prove theft beyond reasonable doubt.
Criminal law – Theft by servant/stealing by servant – Sufficiency and authenticity of documentary evidence – need for expert handwriting comparison where provenance disputed – proof beyond reasonable doubt – reliability of witness evidence on alleged conversion/sale.
|
24 January 1986 |
|
|
23 January 1986 |
|
Owner entitled to proceeds realised from sale of dead bull’s meat (Shs 500/=) where death was accidental while respondent trained it.
Civil liability for animal loss – liability where animal dies while being trained at owner's request – accidental death – recovery limited to proceeds realised from sale of carcass.
|
23 January 1986 |
|
Long continuous occupation and equitable considerations can defeat a later purchaser’s claim; buyer’s remedy is against the seller.
Land law – long continuous effective occupation and equitable protection of occupants; sale by owner after permitting occupation; purchaser’s remedy is against seller, not displacement of long-term occupant; courts reluctant to disturb long possession absent compelling reasons.
|
23 January 1986 |
Contract- Building contract - Payment of an agreed sum for the total work providedfor in the contract - Instalment payments in percentage ofthe total to be made on reaching specified stages and after certification by an architect named in the contract - Whether contract entire or not entire - Whether consideration to be given in a lumpsum or in specified price to be made up of separatepaymentsforeach separate part ofthe building orworks. Contract Building contract - Frustration - Failure of the contractor to secure building materials- Whether contract frustrated. Contract - Damages - Lumpsum contract mutually rescinded - Whether damages on quantum meruit may be awarded. Contract - Building contract - Use of better materials and at a higher price than as stipulated in a contract - Whether contractor may recover the difference in price. |
22 January 1986 |
|
A building contract was not frustrated; rescission by settlement precluded the contractor from recovering the claimed sums, so the contractor's claim was dismissed.
Contract law – building contract – frustration – foreseeability of material shortages does not amount to frustration.* Contract law – building contract – entire vs divisible contract – instalments framed as percentages of the total price do not make the contract severable.* Quantum meruit – contractor not entitled to recover full reasonable value where entire contract not performed; limited recovery may be possible for instalments corresponding to stages achieved.* Rescission/settlement – mutual rescission supported by consideration can extinguish contractual claims and affect entitlement to materials on site.* Payment certification – role and binding effect of architect’s certification in building contracts (practical importance in disputes over payments).
|
22 January 1986 |
|
Reported
In a rescinded lump-sum building contract the contractor cannot recover on quantum meruit; architect's certificates bind the employer.
Contract law – building contract – lump-sum (entire) contract; frustration/impossibility – commercial hardship and material shortages do not frustrate a lump-sum building contract; quantum meruit – no recovery for unfinished work under an entire contract absent a fresh agreement; contractor’s election on rescission – materials left on site; authority of architect – interim certificates binding employer; restitution – s.72 subject to equity and estoppel.
|
22 January 1986 |
|
|
21 January 1986 |
|
|
21 January 1986 |
|
Primary Court conviction nullified where assessors failed to participate, requiring release and retrial before a different magistrate.
Criminal procedure — Primary Court — requirement for assessors to sit and give opinion under s.8(2) Magistrates Court Act — failure of assessors to participate renders conviction and sentence null — retrial ordered before different magistrate.
|
20 January 1986 |
|
Reported
Birth certificate and customary Rule 175 established paternity; custody remained with mother as in child’s best interests.
Customary law – legitimacy and paternity – Rule 175 applies to children conceived during a marriage and born after its dissolution; birth certificate presumed genuine under s.88 Evidence Act; Rule 183 inapplicable to married women’s children; custody determined by child’s welfare.
|
14 January 1986 |
|
Administrator’s cross-household redistribution of intestate land was improper; heirs should remain on their mothers’ plots and developed land preserved.
Inheritance – intestate estate – distribution by administrator – whether administrator may reallocate across household plots – intent of deceased to leave household plots to respective children – protection of land developed by heir in deceased’s lifetime – remedy: amend distribution rather than appoint new administrator.
|
11 January 1986 |
|
|
9 January 1986 |
|
|
9 January 1986 |
|
|
8 January 1986 |
|
|
6 January 1986 |
|
Convictions quashed where receipts, unexplained procedures and access to store created reasonable doubt.
Criminal law – stealing by public servant; obtaining money by false pretences – standard of proof and reasonable doubt; Evidence – documentary receipts and prosecution’s duty to verify or call witnesses; Custody of corporate property – access by third parties and misdirection by trial court; Distinction between negligence/pecuniary loss and criminal liability.
|
3 January 1986 |
|
Appellant failed to prove title; court held respondent an innocent purchaser and dismissed the appeal.
Land dispute – ownership by ancestral occupation versus purchase from third party – documentary evidence (notebook sale entry) versus oral possession – locus inspection corroborating documentary evidence – innocent purchaser.
|
1 January 1986 |
|
Whether an accused’s admission of knowing a vehicle’s defective steering can sustain a conviction for careless driving causing injury.
Criminal law — Traffic offences — Causing bodily injury by careless driving — Reliance on accused’s admission about defective steering — Burden of proof in criminal cases — Evaluation and rejection of eyewitness evidence regarding speed.
|
1 January 1986 |
|
Appeal allowed: convictions for store‑breaking/stealing and receiving stolen property quashed; appellants released.
Criminal appeal — store‑breaking and stealing (Pen. Code c.296(1)) — receiving stolen property (Pen. Code c.311(1)) — prosecution declines to support convictions — appellate court quashes convictions and sets aside sentences; appellants ordered released.
|
1 January 1986 |
|
|
1 January 1986 |
|
|
1 January 1986 |
|
Where notice of hearing is not proved, the appeal should be restored and heard on the merits.
Civil procedure – Restoration of appeal to the file – Failure to prove notice of hearing – Appeal allowed and directed to be heard on merits – No order as to costs.
|
1 January 1986 |
|
|
1 January 1986 |
|
A complainant lacks standing to appeal an acquittal; only the DPP may appeal, so the appeal was dismissed.
Criminal procedure – appeal against acquittal – locus standi of private complainant; only DPP may appeal acquittal; civil remedy available to complainant.
|
1 January 1986 |
Customary Law – Legitimization of children – Legitimization by a man not mentioned by the mother’s child and not natural father of the child – Whether possible – Customary Law (Declaration) Order 1963, G.N. 279/1963, rr. 181A and B. |
1 January 1986 |
|
Appellate court upheld theft conviction and confirmed attachment of property bought with the stolen proceeds despite procedural errors.
Criminal law – theft – sufficiency of evidence where accused admits receipt but offers unsupported return; Criminal procedure – procedural irregularity at trial (evidence recorded in accused’s absence; cancellation of bail without hearing) – appellate assessment of prejudice; Civil remedy – attachment of property allegedly purchased with proceeds of crime to satisfy victim’s loss.
|
1 January 1986 |
|
Application for security under Order 36 rule 6 dismissed for failing to allege intent to remove or dispose of property.
Civil procedure – Order 36 rule 6 – Security for production of property – Applicant must aver that defendant intends to dispose of or remove property from jurisdiction with intent to obstruct or delay execution – Absence of such averment renders application incompetent.
|
1 January 1986 |
|
Whether a village committee’s land allocation can oust an earlier possessor and justify an appellate court’s reversal of a primary court finding.
Land law – village committee allocation – whether village allocation confers rights overriding earlier possession. Civil procedure – appellate interference – weight to be given to primary court’s site visit findings and witness credibility. Evidence – credibility and probative value of village committee members’ testimony versus multiple witnesses for possessor.
|
1 January 1986 |
|
|
1 January 1986 |
|
|
1 January 1986 |
|
|
1 January 1986 |
|
Sentence for selling without a business licence was excessive and unlawful; court substituted statutory penalty and set aside forfeiture.
Business Licensing Act, 1972 – Sentencing for selling without a licence – Applicable provision is s.10(1) (licence fee plus 50% penalty) – Magistrate exceeded statutory penalty and wrongly relied on s.17 – Forfeiture not authorised by Act – Substitution of lawful sentence and release ordered.
|
1 January 1986 |
|
|
1 January 1986 |
|
A witness’s prior presence in court does not disqualify testimony; audit evidence can establish tenancy despite rent defaults.
Civil procedure – Competence of witnesses – Presence in court while other witnesses testify does not render evidence inadmissible; weight is for the court. Landlord‑tenant law – Tenancy not lost merely by rent default absent lawful eviction; receipts and audit evidence can establish tenancy. Evidence – Failure to produce ledger books explained may not defeat credible audit evidence. Rent collection irregularities may undermine subsequent payments taken to defeat earlier competing claims.
|
1 January 1986 |
|
Conviction for stealing by agent was unsafe due to inadequate identification of goods and inordinate delay in reporting.
Criminal law – Stealing by agent – Proof – Requirement of satisfactory identification of specific goods as property of complainant – Supporting witness evidence cannot substitute for lack of primary identification. Criminal procedure – Delay in reporting alleged theft – Effect on reliability and safety of conviction. Prosecutorial discretion – Crown counsel declining to support conviction where evidence is inadequate.
|
1 January 1986 |