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Citation
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Judgment date
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| April 1986 |
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Buyer proved purchase and unlawful seizure; buyer entitled to recovery of cattle and appeal dismissed with costs.
Sale of goods – evidence of sale – witness testimony and written chit; unlawful retainer and repossession – involvement of police indicates forcible seizure; remedy – recovery of property and costs.
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30 April 1986 |
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Insufficient medical detail to prove grievous harm; conviction reduced to assault causing actual bodily harm and sentence upheld.
* Criminal law – Grievous harm (s.225 Penal Code) – proof requires adequate medical or descriptive particulars of injury; vague reports insufficient. * Criminal law – Identification – daytime, close acquaintanceship supports reliable identification. * Criminal law – Conviction may be substituted to lesser offence (assault causing actual bodily harm, s.241) where elements of grievous harm are not established. * Sentence review – two-year term and compensation upheld as not excessive.
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29 April 1986 |
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Attachment invalid where seizing party fails to prove seized property belongs to judgment debtor; cattle must be restored to applicant.
Civil procedure – attachment of property – burden on seizing party to prove property belongs to judgment debtor – unsubstantiated assertions insufficient – protection of third‑party ownership; appellate review of magistrate’s confirmation of attachment.
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29 April 1986 |
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Paternity upheld on clan evidence; appellate court improperly ordered redistribution of an estate administered long before.
Succession and family law – paternity – evidentiary weight of clan testimony and prior clan‑allocation; Succession law – administration of estate by clan elder – limits on appellate review and impracticability of re‑distribution long after administration; Civil procedure – scope of appeal from Primary Court to District Court.
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29 April 1986 |
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29 April 1986 |
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Reported
Concurrent default imprisonment unlawful; abusive language conviction upheld; malicious damage conviction quashed for insufficient evidence.
Sentencing — imprisonment in default of fine — proviso to s.36 Penal Code prohibits default imprisonment running concurrently; Criminal law — elements of malicious damage under s.326(1) — must prove wilful and unlawful destruction or damage; Evidence — sufficiency and proof of damage; Public order offence — abusive language s.89(1) — credibility of witnesses and likelihood to cause breach of peace.
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29 April 1986 |
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29 April 1986 |
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Documentary and corroborative witness evidence established a loan; appeal allowed and Shs. 2,000 awarded.
Civil procedure – burden of proof – preponderance of evidence in civil claim for debt; documentary evidence and corroborating witness testimony; failure to call rebutting witnesses weakens defendant's case; appeal allowed and outstanding debt awarded.
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25 April 1986 |
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Appeal dismissed for appellant's non‑appearance; taxing officer substantially reduced an excessive bill of costs.
* Civil procedure – right to be heard – proceeding in absence where appellant repeatedly fails to appear and refuses to accept summons.
* Evidence – oral and documentary proof of ownership (written caretaking agreement and independent witnesses) supporting trial court findings.
* Costs – taxation principles; disallowance of duplicative charges, reasonableness of travel disbursements, court’s discretion to moderate excessive instruction fees.
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25 April 1986 |
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Appellate court upholds concurrent factual findings that the respondent owned the disputed trees; appeal dismissed with costs.
* Civil procedure – appeal – concurrent findings of fact by two lower courts – appellate court will not interfere without clear reason.
* Property/land rights – ownership of trees – burden and assessment of evidence on ownership where parties give conflicting witness accounts.
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25 April 1986 |
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Court reduced bridewealth refund for marriage duration and child, ordering a partial return of cattle.
Family law — bridewealth recovery — effect of cohabitation period and issue on refund — evidentiary requirement of divorce record for fault findings — appellate reassessment of quantum of refund.
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24 April 1986 |
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Claim for return of bridewealth cattle dismissed as time‑barred and because the cattle had been seized by a third party.
Bridewealth recovery – claim for return of cattle – availability of subject matter after third‑party seizure – prescription/time‑bar – delay of sixteen years before litigation.
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23 April 1986 |
Criminal Law – Exporting restricted goods – Definition of "export" – Section 2, East African Customs and Transfer Tax Management Act (44 of 1967).
Criminal Law – Exporting restricted goods – Whether restricted goods may include goods not specifically declared to be restricted.
Criminal Practice and Procedure – Pleas – Plea of guilty to an offence not properly disclosed in the charge and by the facts – Whether unequivocal.
Criminal Practice and Procedure – Charges – Charge and statement of facts not disclosing the offence alleged – Whether proper. |
23 April 1986 |
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Reported
Conviction for exporting restricted goods quashed where goods remained in-country and restrictions were not proved.
* Customs law – meaning of 'export' under East African Customs Management Act – overland export deemed at boundary crossing. * Criminal pleading – plea of guilty must be consistent with pleaded facts; equivocal or inconsistent admissions unsustainable. * Prosecutorial requirement – necessity to plead and prove that goods were declared 'restricted' with reference to enabling instrument. * Forfeiture – cannot stand where underlying conviction is invalid; right of owner to oppose forfeiture. * Revisional power – quashing multiple convictions where similar defective pleas and facts exist.
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23 April 1986 |
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A guilty plea inconsistent with the facts and absent proof of 'restricted' status invalidates conviction and forfeiture.
* Criminal law – plea of guilty – plea inconsistent with facts – equivocal plea may invalidate conviction. * Export law – East African Customs Management Act – 'export' requires goods to be taken out of Partner States; time of export when goods cross border. * Evidence – prosecution must prove goods are 'restricted' by producing relevant Government Notice or subsidiary legislation. * Forfeiture – forfeiture order cannot stand when underlying conviction is unsustainable and owner not afforded opportunity to oppose.
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23 April 1986 |
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Appellate court restored attached cattle where claimant proved ownership and the respondent offered no countervailing evidence.
* Attachment and execution – seizure of property purportedly to satisfy criminal compensation – objection proceedings and proof of ownership.
* Burden of proof – claimant’s witnesses vs respondent’s failure to call evidence – uncontradicted evidence may defeat attachment.
* Appellate review – perverse or unsupported factual findings by magistrate can be set aside and relief granted.
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22 April 1986 |
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Insufficient pre-seizure description or identifying marks of stolen property vitiated conviction; prosecution failed to prove guilt beyond reasonable doubt.
Evidence – Identification of property – Complainant must describe stolen property or point out identifying marks when reporting theft; post‑seizure identification of a common article is insufficient to prove ownership beyond reasonable doubt; burden on prosecution to prove guilt beyond reasonable doubt.
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22 April 1986 |
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Appeal dismissed; no error found in lower courts' refusal to appoint the applicant as estate administrator.
* Succession and administration – appointment of estate administrator – challenge to appointment refused by lower courts – appellate review limited where no error shown.
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21 April 1986 |
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Reported
Criminal Law - Malicious damage to property - Uprooting of poles - No proof of damage - Whether the offence committed.
Criminal Practice and Procedure - Sentencing - Concurrent sentences - Two sentences of fine or imprisonment in default thereof imposed - The alternative terms of fine ordered to run concurrently - Whether proper. |
20 April 1986 |
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Appellate court will not disturb magistrate’s factual finding on ownership of seized cattle absent misdirection.
Objection proceedings; execution of compensation order; ownership dispute over seized property; assessment of conflicting witness evidence; appellate non-interference with magistrate’s factual findings absent misdirection.
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18 April 1986 |
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Uncorroborated seizure evidence insufficient to justify confiscation from a third party; appeal allowed and cattle returned.
Execution of criminal sentence – seizure of property from third party – identification of seized goods – insufficiency of uncorroborated oral evidence – appellate interference where findings are against weight of evidence.
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18 April 1986 |
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Appellate court reduced excessive maximum sentences for dangerous driving causing death/injury, stressing proportional sentencing for a first offender.
Road Traffic Act – dangerous driving causing death and injury – sentencing – excessive use of maximum penalties – sentencing graded by degree of negligence and harm – first offender – failure of sentencing court to give reasons amounts to misdirection.
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14 April 1986 |
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Appellate court upheld findings that sufficient evidence established liability for damages caused by the appellant's dog.
Civil liability — dog bite — sufficiency of evidence to establish owner liability; appellate review of factual findings; weight of uncontradicted witness testimony versus uncorroborated denial.
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14 April 1986 |
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Appellate court upheld respondent’s damages claim for injuries caused by appellant’s dog; appeal dismissed with costs.
Tort — Liability for injuries caused by animals — Sufficiency of witness evidence to establish owner’s liability — Appellate review of trial court’s factual findings.
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14 April 1986 |
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14 April 1986 |
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14 April 1986 |
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14 April 1986 |
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Election nullified for material non‑compliance with the Elections Act that deprived voters and affected the result.
Election law – non‑compliance with Elections Act and Regulations – wrong voters’ register, relocation and cancellation of polling stations, shortage of ballot papers, premature closure, failure to provide polling facilities – effect on result where margin is narrow.
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11 April 1986 |
Civil Practice and Procedure - Pleadings - Interest prior to the filing of the suit - Matter of substantive law - Must be pleaded in the body of the plaint.
Civil Practice and Procedure - Jurisdiction - Pecuniary jurisdiction of the High Court - Claim shown in the plaint is shs. 14,549 - Prayer to the plaint shows shs. 8,713/86 is claimed as interest prior to the filing of the suit - Whether High Court has jurisdiction to entertain such a suit. |
10 April 1986 |
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Reported
Pre‑suit interest is substantive and must be pleaded; unpleaded interest cannot confer jurisdiction, so the suit was dismissed.
Civil procedure – Pleading of pre‑suit interest – Pre‑suit interest substantive and must be pleaded with basis (agreement, mercantile usage or statute) – Relief in prayer cannot substitute for substantive pleading – Pecuniary jurisdiction determined by pleaded claim – Amendment refused for inordinate delay – Counterclaim may be proved ex‑parte where no defence filed for long period.
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10 April 1986 |
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Convictions quashed where unreliable accomplice testimony, document discrepancies and unfair identification undermined prosecution.
Criminal law — Conspiracy to defraud; reliability of documentary evidence (invoices, cheques, requisitions); accomplice testimony and caution; identification parade fairness; knowledge element in uttering false documents; quashing convictions for insufficiency of evidence.
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10 April 1986 |
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Unnotified appellate site inspection and failure to hear the appellant rendered the District Court’s decision prejudicial and unsustainable.
* Land dispute — village common boundary — reliance on District Development Council minutes and physical boundary markers. * Appellate procedure — court-ordered site inspection — need for notice and opportunity to be heard. * Natural justice — failure to notify/appellant not heard renders appellate decision unsustainable.
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8 April 1986 |
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Confession corroborated by witnesses and circumstances established intent, leading to murder conviction and death sentence.
Criminal law – Murder – Extra‑judicial confession – Voluntariness and admissibility – Requirement of corroboration – Identification evidence without parade – Intention/revenge as basis for murder conviction – Death sentence.
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8 April 1986 |
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Where clan land owners are adults they may appoint their own caretaker; Laws of Guardianship apply only to minors.
* Customary law – Laws of Guardianship – Applicability limited to minors inheriting estates – Not applicable where heirs are adults. * Property/clan land – Adult clan members entitled to appoint their own caretaker/agent; clan council not exclusively empowered to appoint in such cases. * Appeal – Misapplication of guardian statutes is ground for appellate intervention.
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5 April 1986 |
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An appellate court will not disturb trial-court credibility findings absent perversity; appellant’s possession of the land reinstated.
Land law – possession and allocation of rural plots – proof on balance of probabilities; appellate review – deference to trial court credibility findings; reversal only if findings are perverse or irrational.
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5 April 1986 |
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Convictions for housebreaking, theft and arson quashed for insufficient evidence and improper charging; accused ordered released.
Criminal law — composite offence and duplicative counts; improper charging of separate theft where housebreaking includes theft — conviction quashed. Insufficiency of evidence — presence on duty and possession of cash after a fire do not alone prove breaking, theft or conspiracy to commit arson. Appellate revisionary powers may be invoked to quash unappealed convictions.
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4 April 1986 |
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Appeal dismissed: identification at night and corroborative evidence upheld; cross‑examination omission deemed a curable irregularity.
Criminal procedure — omission to allow co-accused to cross-examine — curable irregularity under s.388(1) CPA; Identification evidence — visual ID at night, favourable circumstances and corroboration; Circumstantial evidence — neighbour's sighting, cartridge recovery and gunshots corroborate ID and negate alibi.
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4 April 1986 |
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Whether redemption barred later compensation claims; court allowed purchase price and personal-effects compensation, disallowed improvement claims.
Property law – clan land redemption – effect of earlier redemption proceedings on later compensation claims – res judicata – omission of purchaser as party – compensation for unexhausted improvements and loss of personal effects – evidentiary sufficiency.
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4 April 1986 |
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Appellate court allowed the appellant's claim to disputed land, finding the preponderance of evidence supported appellant and awarding costs.
* Property law – ownership dispute over land – effect of testamentary disposition on land ownership – relevance of relatives' knowledge and beliefs – appellate review on preponderance of evidence.
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4 April 1986 |
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Under Haya customary law an access footpath (ilembo) to the respondent's house is a compulsory right of way; owner cannot narrow it.
* Customary law (Haya) – ilembo (access footpath) – right of way – whether grant is compulsory or voluntary – compensation payable; * Owner’s duty – cannot unilaterally narrow or close an ilembo that provides regular vehicular access; * Remedy – Primary Court to assess compensation for loss caused by extension of footpath.
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4 April 1986 |
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Under Haya customary law females may use clan land but may not dispose of it; invalid dispositions warrant compensation.
* Customary law (Haya) – clan land – female heirs entitled to usufruct but not to dispose of clan land; disposals by females are nullities. * Remedy – where invalid disposition led to improvements, occupant entitled to compensation; Primary Court to assess. * Relevant instruments – Rules of Inheritance by Female Heirs (1944); Rule 20, Inheritance Rules (GI.436/63); supporting Court of Appeal authority.
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3 April 1986 |
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Appeal dismissed: sale evidence sufficient, forgery not proved, claim time‑barred and land not redeemable.
Land law – evidentiary weight of sale document and attesting witnesses; forgery allegation requires expert proof; community assessors’ observations admissible on local valuations; limitation – 12‑year period bars claims after 1978; redeemability of clan land where purchaser is clan member.
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1 April 1986 |