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Citation
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Judgment date
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| October 1986 |
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Convictions based on an uncorroborated, retracted police confession and an unproved audit report are unsafe and quashed.
Evidence — confession to police — voluntariness required (s.27 Evidence Act); confession of co‑accused — cannot convict others solely on it (s.33(2)); retracted confession needs corroboration; documentary evidence (audit report) should be proved by its author; convictions unsafe where reliance on uncorroborated retracted confession and unproved report; revisional power to quash non‑appealing conviction (s.373(1)(a) Criminal Procedure Act).
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31 October 1986 |
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An accused’s reasonable explanation can raise reasonable doubt; absence of receipts alone insufficient for conviction.
Criminal law – Possession of property suspected to be stolen (s.312(1)(a) Penal Code) – Accused’s burden to give a reasonable explanation – Absence of purchase receipts not conclusive – Conviction unsafe where explanation raises reasonable doubt.
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31 October 1986 |
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Handwriting opinion must be weighed with possession evidence; a chairman acting as clerk may be liable and sentence may be reduced for lack of reasons.
Criminal law – Stealing by servant (ss. 265, 271) and fraudulent false accounting (s. 317(b)) Evidence – Handwriting identification by lay witness: admissibility versus weight Possession of forged documents – permissible inference of guilt where exclusive possession and no explanation Definition/scope – when a village chairman may be treated as acting in capacity of clerk/servant Sentencing – Minimum Sentences Act 1972: need for recorded reasons; appellate interference when absent
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31 October 1986 |
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Fine for permitting an unroadworthy vehicle upheld despite guilty plea and first-offender status.
Road Traffic Act — permitting an unroadworthy vehicle on public roads — dangerous mechanical defects justify criminal sanction; sentence review. Sentencing — weight of guilty plea and first-offender status versus public safety. Mitigation — unavailability of spare parts not a valid excuse for using an unsafe vehicle.
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31 October 1986 |
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Insufficient proof that the seized plastic bucket belonged to the complainant rendered convictions unsafe.
Criminal law – housebreaking and theft – identification of stolen property – sufficiency of proof of ownership – reliability of markings on plastic articles as identifying features – conviction unsafe where provenance not established.
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31 October 1986 |
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Prosecution failed to prove murder beyond reasonable doubt due to unreliable witnesses and insufficient corroboration.
Criminal law – homicide; reliability and corroboration of eyewitnesses; weight of extra‑judicial confession; adequacy of police investigation; forensic evidence linking weapon to injuries.
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31 October 1986 |
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The applicant's arson conviction quashed for unreliable identification; imposed six‑year sentence was also unlawful.
Criminal law – arson – identification at night – reliability and contradictions in eye‑witness testimony; Evaluation of evidence – need to correlate witness accounts and expose inconsistencies; Defence lies – court must not equate lies with guilt; Sentencing – magistrate’s statutory sentencing limit under s.7(1) Criminal Procedure Code.
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30 October 1986 |
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Escape from custody alone is insufficient to prove an accused committed a contemporaneous office breaking and stealing.
Criminal law – identity and proof – where offence of office breaking and stealing is established but accused's personal commission is not proved; mere escape from custody insufficient to infer guilt – conviction quashed.
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30 October 1986 |
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Conviction upheld: bright moonlight and independent eyewitnesses rendered identification reliable despite alleged intoxication and delay in arrest.
Criminal law – identification evidence – effect of alleged intoxication and lighting conditions on reliability of identification. Evidence – eyewitness credibility and independence of testimonies of rescues. Criminal procedure – delay in arrest and its effect on witness credibility and prosecution case.
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30 October 1986 |
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Flight, extrajudicial confession and credible eyewitnesses established guilt for cattle theft; six-year imprisonment imposed.
Criminal law – Cattle theft under Economic and Organized Crimes Control Act; ocular identification and corroboration; flight and extrajudicial confession to villagers as evidence; distinguishing innocent purchaser/recipient from accomplice; sentencing considerations (seriousness of offence, first offender status, time in custody).
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30 October 1986 |
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Appellate court upheld conviction and four‑year sentence where purchaser’s evidence and accused’s admission proved theft of a sewing‑machine frame.
Criminal law – Theft by agent – Sale and possession of stolen property – purchaser’s evidence and accused’s admission corroborating conviction. Evidence – Assessment of credibility – appellate deference to trial magistrate’s findings where story is an afterthought. Sentence – Four years’ imprisonment upheld as appropriate.
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30 October 1986 |
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Conviction upheld where circumstantial evidence and appellant's flight proved theft despite missing stamp exhibits.
Criminal law – stealing by person in public service; circumstantial evidence and banking discrepancies; admissibility and weight of handwriting expert evidence; adverse inference from absconding; sentencing not excessive given amount stolen.
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29 October 1986 |
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Convictions quashed where identification of recovered items was inadequate and the trial magistrate impermissibly shifted the burden of proof.
Criminal law – identification of stolen goods – adequacy of descriptions and identifying marks; burden of proof – prosecution duty to prove ownership; recent possession and circumstantial inference – limits; conviction based on assumption and familial relationship unsafe.
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29 October 1986 |
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Appeal allowed: convictions overturned due to inadequate identification evidence and impermissible burden-shifting by the trial magistrate.
Criminal law – recent possession – sufficiency of identification evidence to prove ownership – burden of proof remains on prosecution; improper burden-shifting; inference of guilty knowledge cannot rest solely on family relationship; convictions quashed where evidence leaves reasonable doubt.
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29 October 1986 |
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Appeals allowed: convictions quashed where prosecution failed to prove ownership and trial magistrate shifted burden of proof.
Criminal law – Identification of stolen property – sufficiency of descriptions and identifying marks to prove ownership beyond reasonable doubt. Criminal procedure – Burden of proof – prosecution’s duty to prove ownership; trial magistrate must not shift burden to accused. Criminal law – Recent possession doctrine – limited application where identification evidence is weak. Criminal law – Conviction on assumptions or untested inferences is unsafe. Criminal law – Receiving stolen property – requires proof of prior ownership and recipient’s guilty knowledge.
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29 October 1986 |
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Convictions quashed for insufficient identification of stolen goods and improper burden-shifting by the trial court.
Criminal law – Burglary and stealing – Identification of recovered property – Recent possession – Insufficiency of description and marks – Burden of proof remains on prosecution – Impermissible inferences and assumptions – Receiving stolen property – Familial relationship insufficient to infer guilty knowledge.
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29 October 1986 |
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The appellant failed to prove ownership; evidence showed the respondent bought and possessed the house; appeal dismissed.
Property — Sale and proof of ownership — Credibility of witnesses to payment for property; Long possession and acquiescence as evidence of title; Appellate review of lower courts’ factual findings.
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28 October 1986 |
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Accused convicted of cattle theft based on eye‑witness identification and unparticularised alibi rejected; sentenced to four years.
Economic crimes – cattle theft – proof beyond reasonable doubt – identification of stolen animal by distinctive marks; weight of eye‑witness evidence. Defence – alibi and allegation of assault – requirement of timely particularisation and credibility; s.41 provisions permit no weight where not properly raised. Age/fitness – medical evidence used to determine juvenile status for trial and sentence. Sentence – first offender, value of property restored, and age relevant to mitigation.
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27 October 1986 |
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Appeal dismissed: conviction for attempted stealing upheld where supervisor and driver took active steps to misappropriate utility oil.
Criminal law – Attempted stealing – elements: intent and steps in furtherance; supervisory authority and driver’s conduct. Evidence – credibility of prosecution witnesses and inferences from conduct and statements. Sentencing – Minimum Sentences Act application where property belongs to specified authority and value threshold met.
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26 October 1986 |
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Attachment lawful because judgment-debtor had not paid before attachment; District Court misread the record.
Execution and attachment of property – timing of payment – evidentiary review on appeal – appellate court must correctly interpret record when reversing attachment decisions.
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25 October 1986 |
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Possession of proscribed society literature creates a rebuttable presumption of membership; mere denial insufficient; conviction upheld.
Criminal law – Societies Ordinance – possession of literature of a proscribed society – statutory presumption of membership and burden to rebut.* Evidence – search and seizure – possession of proscribed publications as evidential basis for conviction.* Sentencing – maximum sentence imposed deemed excessive but no relief as sentence already served.
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23 October 1986 |
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Appeal allowed where no evidence established appellant was entrusted with respondent’s animals; costs awarded to appellant.
Civil procedure – burden of proof and proof of entrustment (delivery) of chattels – insufficiency of evidence where no witness observed transfer – appellate review of factual findings and reversal of lower court.
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21 October 1986 |
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Circumstantial evidence that admits other reasonable hypotheses is insufficient to sustain theft convictions; appeal allowed.
Criminal law – Theft by public servant – Circumstantial evidence – Requirement that inculpatory facts be inconsistent with innocence and incapable of explanation on any other reasonable hypothesis – Convictions unsafe where alternative hypotheses plausible; sentencing under Minimum Sentences Act misapplied.
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18 October 1986 |
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Honest claim of right negates property offence but unlawful violence warranted conviction for grievous harm and reduced sentences.
Criminal law – property offences – honest claim of right (s.9 Penal Code) as defence to offences relating to property; validity of customary/village by‑laws – requirement of approval and publication; unlawful enforcement by torture – conviction substitution to grievous harm (s.225).
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18 October 1986 |
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Acquittal where inconsistent witness accounts and uncorroborated accomplice statements left reasonable doubt.
Criminal law – Murder – sufficiency of evidence and reasonable doubt; accomplice and extra‑judicial statements – requirement for corroboration; probative value of alleged admissions before elders; traditional oath refusal insufficient for conviction.
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18 October 1986 |
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Accused who joined a group assault causing fatal head injuries convicted of manslaughter; reasonable‑force defence rejected.
Criminal law – Unlawful killing/manslaughter – Liability of persons who join group assault causing fatal head injuries. Criminal law – Defence of justification/reasonable force – Excessive force in apprehending a suspected thief not lawful. Evidence – Post‑mortem and eyewitness testimony establish causation between assault and death.
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18 October 1986 |
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Improper use of section 151 to re-open prosecution case and proceeding without defence counsel nullified the trial; retrial ordered.
Criminal procedure – section 151 Criminal Procedure Code – meant for witnesses called at court’s instance; improper vehicle for prosecution to re-open closed case. Right to a fair trial – trial conducted in absence of defence counsel preventing cross-examination amounts to failure of justice. Remedy – fundamental procedural irregularities are incurable and warrant quashing of proceedings and ordering a retrial.
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17 October 1986 |
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Convictions based on inadequate circumstantial evidence and unsupported by the prosecution were quashed as unsafe.
Criminal law – Circumstantial evidence – Sufficiency to prove guilt beyond reasonable doubt – Identification of stolen property – Effect of State Attorney declining to support conviction – Unsafe conviction and quashing where record and evidence inadequate.
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17 October 1986 |
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Ownership dispute over land cannot sustain criminal trespass conviction absent unlawful entry and requisite intent.
Criminal law – Trespass (s.299(a) Penal Code) – Elements of unlawful entry and intent – Dispute over land ownership requires civil action – Conviction quashed – Sentence exceeding statutory maximum illegal.
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17 October 1986 |
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Appellate court affirmed respondent’s title; appellant’s purchase claim unproved; compensation awarded for planted trees.
Land dispute – proof of ownership by inheritance and long possession – unproven purchase claim where alleged seller not called – cultivation alone insufficient to prove title – appellate court will not disturb sound credibility findings – compensation for improvements (trees) on respondent’s land.
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17 October 1986 |
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Appellate court reversed convictions and ordered retrial because trial court failed to analyse evidence and give reasons per count.
Criminal procedure – Convictions on multiple counts – Requirement for count-by-count analysis and reasons – Omnibus sentencing improper – Appellate power under s.366(1)(a)(1) to order retrial where record inadequate.
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17 October 1986 |
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Appellant's delay in claiming cattle after custodian's death amounted to sleeping on rights; appeal dismissed.
Property (livestock) – recovery claims; laches/sleeping on rights where claimant delays until custodian's death; improper defendant – suing custodian's widow.
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16 October 1986 |
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Appellant’s cousin relationship, though inferior, sufficed for recognition as an heir and joint administrator; Primary Court decision restored.
Probate and administration — determination of heirs — familial relationship among cousins — appellate review of Primary Court appointment of administrators; District Court's removal of an heir and sole appointment quashed.
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16 October 1986 |
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Convictions for theft and attempted theft quashed for insufficient corroboration and improperly proved bank evidence.
Criminal law – theft and attempted theft; accomplice evidence – need for independent corroboration; retracted confession – requires corroboration in material particulars; banker’s book/bank statement – section 78(1) Evidence Act – requirement of foundation and certification for photocopies; standard of proof beyond reasonable doubt; concurrent sentencing for offences arising from same transaction.
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15 October 1986 |
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Accused acquitted of murder where evidence showed an attempted theft, no proof he inflicted fatal blows or acted with the mob.
Criminal law – murder – whether prosecution proved guilt beyond reasonable doubt; credibility of eyewitnesses. Criminal law – common intention – requirement of evidence to link accused with mob’s fatal assault. Defence of property/arrest – lawful apprehension of suspected thief may negate criminal liability for subsequent mob violence. Evidence – assessment of demeanour and corroboration; absence of proof of weapon or blows.
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14 October 1986 |
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A magistrate must call the respondent to explain possession when evidence establishes a prima facie case.
Criminal law – Prima facie case – test for calling upon accused to answer – possession of suspected stolen property – duty of magistrate not to decide credibility at close of prosecution case.
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14 October 1986 |
Criminal Law - Intoxicating Liquors Act, 1968 - Whether a barmaid can commit a crime under s. 14(3) of the Act.
Criminal Practice and Procedure - Charges - Charge of allowing the consumption of intoxicating liquor on licenced premises after authorized hours - Charge does not specify whether the licenced premise is situated in urban or rural area. |
12 October 1986 |
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Appeal allowed: district court judgment set aside because respondent's claims lacked credible, corroborated evidence.
Civil procedure – burden and sufficiency of evidence – claim for goods and expenses – bare allegations and uncorroborated testimony insufficient to sustain judgment.
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10 October 1986 |
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Primary Court lacked subject‑matter and pecuniary jurisdiction over the title suit; the appeal is dismissed.
Civil procedure – jurisdiction of Primary Courts – local/geographical jurisdiction; pecuniary and subject‑matter limits under section 14 and First Schedule. Irregular assumption of jurisdiction v. inherent want of jurisdiction – effect on proceedings; section 32(1) (failure of justice). Interpretation of section 57(1) proviso as procedural, not overriding substantive jurisdictional limits.
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9 October 1986 |
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Circumstantial evidence (wound and conduct) sufficiently proved the appellant's guilt; mandatory minimum sentence upheld.
Criminal law – Robbery with violence – Circumstantial evidence – Whether combined facts (wound on accused, timing, conduct) exclude reasonable alternative hypothesis and sustain conviction. Evidence – Assessment of fabrication – Trial court’s credibility findings and rejection of accused’s defence. Sentencing – Application of mandatory minimum sentence under the Minimum Sentences Act (No.1 of 1972).
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8 October 1986 |
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Unreliable single-witness identification and corroborating alibi created reasonable doubt; conviction quashed and sentence set aside.
Criminal law – robbery with violence – identification evidence – single-witness identification must be watertight – alibi evidence – benefit of doubt – appellate intervention to quash unsupported conviction.
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8 October 1986 |
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Inconsistent, uncorroborated prosecution evidence about arrests rendered conviction unsafe, resulting in acquittal of all accused.
Criminal law – cattle theft – disputed circumstances of arrest and detention; credibility of prosecution witnesses; requirement for corroboration of uncorroborated testimonial evidence; use of lock-up register as corroborative evidence.
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7 October 1986 |
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Acquittal where sole identification evidence was unreliable due to adverse conditions creating reasonable doubt.
Criminal law – Murder – Medical evidence establishing violent death and intent – Identification evidence – Night‑time, torchlight glare, brief encounter and back view – Sole identification evidence must be watertight – Reasonable doubt warrants acquittal.
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6 October 1986 |
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Appellants’ identification by immediate witnesses upheld; non‑production of torch not fatal; convictions and concurrent sentences affirmed.
Criminal law – identification evidence in burglary cases; high reliability required where convictions rest solely on identification (R v Sebaiano); non‑production of illumination exhibit not necessarily fatal; proof of unlawful wounding by medical exhibit; concurrent sentencing; statutory minimum sentence for burglary.
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6 October 1986 |
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Attachment before judgment failed where appellant could not prove seized cattle belonged to the judgment debtor; third‑party ownership established.
Civil procedure – attachment before judgment – objection proceedings by third‑party claimant – burden and standard of proof on balance of probabilities – proof of ownership by brand marks – attachment of property belonging to third parties invalid unless property of judgment debtor is correctly identified.
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5 October 1986 |
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Applicant failed to prove seized cattle belonged to the judgment debtor; third party's ownership evidence upheld.
Civil procedure – Attachment before judgment – Third party claim to seized property – Burden of proof on applicant to show seized property belongs to judgment debtor; brand marks and witness credibility determinative.
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5 October 1986 |
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Application to set aside an ex‑parte decree brought after six weeks is time‑barred; purchaser held bona fide but conveyance unapproved.
Civil Procedure – Ex‑parte decree – Application to set aside – Time‑barred if made after six weeks (rule 13(2), Order 9 CPC). Civil Procedure – Dismissal for non‑appearance – Rule 8, Order 9 CPC – hearing fixed and no good cause shown. Property law – Bona fide purchaser for value without notice – possession, payment and improvements as indicia of good faith. Conveyancing – Requirement of Land Office approval for legal operation of a conveyance; delay in approval not conclusive proof of notice of litigation.
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4 October 1986 |
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District Court lacked jurisdiction over scheduled offence of unlawful possession of government trophy; proceedings quashed and sentence set aside.
Criminal jurisdiction – Scheduled offences – unlawful possession of government trophies – offence classified under Economic Sabotage (Amendment) Act 1983 and Economic and Organized Crime Control Act 1984 – triable by High Court sitting as Economic Crimes Court. Procedure – Revision for want of jurisdiction – conviction and sentence quashed and set aside. Wildlife law – possession of government trophy – interplay with economic/organized crime legislation.
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4 October 1986 |
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Divorce upheld for irretrievable breakdown; maintenance increased, custody not disturbed without cross‑appeal.
Matrimonial law – Divorce – irretrievable breakdown – findings of cruelty and violent incident justify decree of divorce. Family law – Maintenance – appellate variation of inadequate maintenance award in light of changed circumstances. Family law – Custody – appellate court will not decide custody without a proper cross‑appeal; party may apply to trial court to vary order.
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3 October 1986 |
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Appeal allowed: seized cattle were assessed not sold; court ordered recovery, sale to satisfy decree, and proportional distribution.
Partnership law – enforcement of money judgment – seizure of livestock – assessment versus sale of seized goods – procedure to realise decretal amount and distribute proceeds proportionally among partners.
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3 October 1986 |