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Citation
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Judgment date
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| December 1987 |
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Conviction for arson based on mere suspicious circumstances was insufficient; conviction quashed and sentence set aside.
Criminal law – arson – sufficiency of circumstantial evidence – identity of perpetrator – suspicion is insufficient for conviction; prosecution must prove guilt beyond reasonable doubt.
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31 December 1987 |
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Plea of guilty invalid where charges not properly explained to a hard-of-hearing accused and particulars were insufficient; convictions quashed.
Criminal procedure – plea of guilty – duty of magistrate to ensure accused understands charges, especially if hard of hearing. Criminal pleading – sufficiency of particulars – facts at plea must disclose elements of housebreaking and stealing, not merely repeat charge sheet. Conviction on inadequate particulars and unclear plea – quashing of conviction and order for retrial.
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31 December 1987 |
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Conviction quashed where charge failed to allege section 25 detention and evidence did not show possession while on a journey.
Criminal law – charge must allege statutory basis for detention – section 25 Criminal Procedure Act – possession while conveying during a journey – distinction between seizures under a search warrant and powers under section 25 – defective indictment vitiates conviction.
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31 December 1987 |
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DPP’s s.148(4) certificate permits temporary custody but court must set a fixed period, after which accused are entitled to conditional bail.
Criminal procedure — Bail pending trial — Allegations of interference with investigations and flight risk must be supported by evidence. Criminal procedure — Effect of DPP’s certificate under s.148(4) Criminal Procedure Act — Court must fix a definite custody period after which accused should be released on bail. Presumption of innocence — Bail should not be withheld maliciously or as punishment.
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31 December 1987 |
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Injunction denied: prior eviction concerned only the office premises; occupation of adjacent open space not prohibited by that decree.
Tenancy law – scope of judgment and execution – eviction decree limited to specified premises; injunction and nuisance – separate action required to challenge occupation of adjacent open space; business licences – evidence of lawful operations in port area.
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30 December 1987 |
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Reported
Criminal Law - Evidence - Probative value ofevidence based solely on identification - Identification by single witness.
Criminal Law - Sentencing - Assessment of sentence - Factors to be considered. |
23 December 1987 |
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23 December 1987 |
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23 December 1987 |
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Reported
Single-witness identification corroborated by arrest and possession justified conviction; two-year sentences reduced as excessive.
Criminal law – visual identification – single-witness identification must be watertight and corroborated; corroborative facts can render identification safe. Criminal law – possession of instruments with intent to commit a felony – presence at odd hour, flight/hiding on alarm and possession of weapons justify inference of intent. Sentencing – prevalence of an offence is a factor but not the predominant one; youth and first-offender status may justify reduced sentence.
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23 December 1987 |
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Procedural irregularity in arraignment does not invalidate conviction where identification and other evidence overwhelmingly establish guilt.
Criminal law – identification evidence – immediate recognition by a village watchman by moonlight and prior acquaintance – reliability of identification. Criminal procedure – arraignment when a new magistrate or court takes over a trial – procedural irregularity does not vitiate conviction absent failure of justice (s.388 CPA). Right to recall witnesses – allegation of denial must be assessed in context of overall sufficiency of evidence.
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22 December 1987 |
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Convictions for robbery upheld despite arraignment omission because identification and overall evidence excluded reasonable doubt.
Criminal law – robbery with violence – identification evidence – familiarity, moonlight, immediate identification and arrest as corroborating factors. Criminal procedure – change of presiding magistrate – requirement to arraign accused and take plea when assuming trial jurisdiction. Statutory discretion under s.388 Criminal Procedure Act 1985 – procedural irregularity does not warrant quashing conviction unless it occasioned a failure of justice.
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22 December 1987 |
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Appellate court restored trial court’s award, holding the land claim not time‑barred and respondent only an invitee.
Limitation law — recovery of land — 12‑year limitation and effect of rules taking effect 29/5/1964. Evidence and title — weight of findings on possession and invitee status. Appellate review — whether lapse of time alone justifies reversing trial court’s factual findings.
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19 December 1987 |
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Appeal dismissed: confession voluntary, identification reliable and pushing while snatching money satisfied force element for robbery.
Criminal law – robbery with violence – element of force – pushing victim while snatching money suffices as use of force. Criminal procedure – admissibility of extra-judicial statement/confession – voluntariness. Evidence – identification in daylight and recovery of stolen property as supporting conviction. Alibi – rejection where defence witness undermines alibi account.
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18 December 1987 |
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Driving the vehicle containing stolen goods shortly after a robbery supported conviction; hijack defence rejected.
Criminal law – robbery with violence – identification of vehicle and recovery of stolen property as evidence of participation; credibility assessment of hijack defence; appellate review of sentence reasonableness.
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18 December 1987 |
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Plaintiff awarded refund with interest and costs after seller accepted payment but failed to restore or refund following fire.
Sale of immovable property – purchase money paid – property destroyed by fire – seller's failure to renovate or refund – defective conveyance and absence of Land Officer consent – ex parte proceedings under Order IX r.6(1)(a)(i) – judgment for repayment with interest and costs.
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16 December 1987 |
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Insufficient proof of malice aforethought; accused convicted of manslaughter, not murder, and sentenced to five years.
Criminal law - murder v. manslaughter – requirement of malice aforethought; proof of intent to kill. Evidential assessment – conflicting assessor views and circumstantial evidence (pursuit, scene of stabbing). Defence of accidental killing/self-defence – where death occurs in a mutual fight, accidental killing may negate malice aforethought. Sentence – consideration of custody already served.
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16 December 1987 |
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Single credible eye‑witness testimony supported conviction for intentional murder; accused sentenced to death.
Criminal law – Murder – Identification and single eye‑witness evidence – Reliability and sufficiency for conviction; Defence of accident rejected; Mental capacity (sound mind) confirmed.
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16 December 1987 |
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Conviction quashed where trial judgment lacked points of determination, reasons and proper sentencing findings.
Criminal procedure — Judgment requirements — section 312(1) — points of determination and reasons required. Evidence — Trial judge’s duty to evaluate evidence; appellate limitation on re‑assessing credibility from record. Sentencing — Minimum Sentence Act — prosecution’s duty to make findings (specified authority/value) before imposing statutory sentence. Procedural irregularity — defective judgment warrants quashing conviction and setting aside sentence.
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16 December 1987 |
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Concurrent credibility findings in a land dispute upheld; unsubstantiated bias claim fails and appeal dismissed with costs.
Civil procedure – Appeal – Concurrent findings of fact and credibility – Appellate court will not disturb trial and first appellate courts’ credibility findings absent demonstrable error. Evidence – Land dispute – Importance of trial court site visit and survey markers; appellate site visit not required if trial record is clear. Allegation of bias – Must be raised and substantiated; mere similarity of surname is insufficient to impeach impartiality.
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15 December 1987 |
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Reported
A father may claim customary compensation when a man makes his unmarried daughter pregnant; education costs are not recoverable.
Customary law – Compensation – Paragraph 190, First Schedule, Law of Persons – Father's entitlement where dependent daughter under 21 made pregnant. Jurisdiction – Primary Courts have jurisdiction over civil claims where customary law is applicable (Magistrate's Courts Act s.18(1)(i)). Damages – Educational expenses incurred by a parent are not recoverable as damages when a daughter’s schooling is terminated by pregnancy. Burden of proof – Under customary rule (para.193) the man named must prove he did not have carnal knowledge; failure to do so supports liability. Appeal – Appellate court should not disturb Primary Court’s factual finding on paternity if open on evidence.
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15 December 1987 |
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Primary courts can award customary compensation to a father where a man impregnates his dependent daughter.
Customary law – Declaration of Customary Law GN No. 279/1963 – Paragraphs 183 and 190 – parental right to compensation where dependent daughter is impregnated; burden of proof on alleged father. Jurisdiction – Magistrates' Courts Act – Primary Court jurisdiction over civil proceedings governed by customary law. Recovery of education expenses – no cause of action for parent to recover schooling costs lost due to pregnancy.
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15 December 1987 |
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A trial court may not award more than the claimed sum without formal amendment; award reduced to the claimed balance.
Civil appeal — Primary Court awarding a larger sum than claimed — unexplained alteration of plaint — requirement of formal amendment; Credibility of witnesses related to a party; Determination of unpaid balance on sale of chattel.
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15 December 1987 |
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A fresh suit challenging a 1979 attachment was held res judicata and time‑barred under the three‑year limitation.
Civil procedure – res judicata – fresh suit on same subject matter after prior proceedings concerning attachment barred as res judicata. Limitation law – wrongful attachment is a tort with a three‑year limitation period under the Law of Limitation Act. Primary Courts procedure – objection to attachment under Rule 70 is the appropriate remedy for third‑party claims to attached property.
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15 December 1987 |
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Reported
Civil Practice and Procedure - Jurisdiction - Jurisdiction - Customary tort - Whether justiciable in Primary Courts - S.18(l)(i) of Magistrates Court Act, 1984 - Para 190, Part IV, First Schedule, Law of Persons, G.N. 279/1963.
Civil Practice and Procedure - Compensation - Whether expenses foreducating a daughter who is made pregnant are recoverable.
Evidence - Pregnancy - Burden of proof that daughter not made pregnant by the accused - Para 183 of Law ofPersons GN 279/ 1963. |
15 December 1987 |
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15 December 1987 |
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Substituting a new charge without fresh evidence or recalling witnesses rendered the trial unfair and convictions were quashed.
Criminal procedure – substitution of charge mid-trial; right to fair trial and right to require recall of witnesses; conviction on substituted charge must be supported by appropriate evidence; failure of justice – quashing of proceedings and retrial under s.366(1) Criminal Procedure Act 1985.
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14 December 1987 |
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Reported
Criminal Practice and Procedure - Criminal Procedure Code replaced by Criminal Procedure Act, 1985 - Effect on form of laying a treason charge.
Criminal Practice and Procedure - Section 12 of the Evidence Act, 1967 — Evidence to be adduced to bring the Section into operation when treasonable conspiracy alleged.
Criminal Practice and Procedure - Whether a trial judge’s summing up of the case to assessors is mandatory or discretionary - Section 283(1) of the Criminal Procedure Code (now Section 298(1) of the Criminal Procedure Act, 1985).
Criminal Practice and Procedure - Trial judge’s summing up of the case to assessors - Extent ofparticularity required.
Criminal Practice and Procedure - Assessors’ opinions - Duty of trial judge to take such opinions before givingjudgment - Section 248 of the Criminal Procedure Code (now Section 265 of the Criminal Procedure Act, 1985).
Evidence - Extra-judicial statements - Formalities requiredfor confessions - Magistrates’ Courts Act, 1963 - Section 56(2) - Empowers Chief Justice to issue instructions - Such Chief Justice’s
Instructions applying to magistrates also - Whether magistrates’ failure, to comply fully with Chief Justice’s Instructions rendering extra-judicial statements inadmissible.
Evidence - Retracted confession - Value and weight to be attached to retracted uncorroborated confessions.
Evidence - Retracted confession - Whether capable of corroborating other evidence against the confessor.
Criminal Practice and Procedure - Trial within the trial- Scope of -Findings on the general character of an accusedfalling within the scope ofthe main trial- Whether suchfindings expressed after trial within the trial having the effect of vitiating a fair trial.
Evidence - Incriminating statements made at trial within the trial-Admissibility at the main trial - Such statements can be used against the maker at the main trial.
Criminal Law - Section 39(2) (a) of the Penal Code - Charge of treason - What constitutes.
Criminal Practice and Procedure - Sentencing - Interference with a trial court's sentencing on appeal - Principles applicable. |
14 December 1987 |
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Applicant’s claim for full bridewealth refund denied where he was found at fault for the marriage breakdown; appeal dismissed.
Family law — Bridewealth restitution on dissolution of marriage — Effect of spouse’s fault on quantum of refund — Appellate review of factual findings and discretionary reduction of bridewealth restitution.
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14 December 1987 |
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A claim to recover bridewealth filed 26 years after divorce is time-barred absent satisfactory explanation.
Civil procedure – limitation of actions – claim to recover bridewealth instituted 26 years after divorce – absence of satisfactory explanation renders claim time-barred.
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14 December 1987 |
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Conviction quashed where prosecution failed to exclude reasonable possibility that someone with a duplicate key stole the money.
Criminal law – Theft by servant – proof beyond reasonable doubt – duplicate key to strongroom – prosecution must establish whereabouts/custody of duplicate key – doubt resolved in favour of accused; Minimum Sentences Act – statutory minimum for high-value theft.
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14 December 1987 |
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14 December 1987 |
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Reliable visual identification upheld despite grudges; appeals against robbery convictions dismissed.
Evidence — Visual/identification evidence — Reliability and sufficiency to support conviction; factors: lighting, prior acquaintance, prompt identification, detailed description. Criminal law — Robbery with violence — proof beyond reasonable doubt. Evidence — Effect of prior grudges or bad relations on credibility of identification.
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12 December 1987 |
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Appellate court affirmed assault convictions and 18‑month sentences where prosecution witnesses were credible and defence evidence unreliable.
Criminal law – Assault causing actual bodily harm – Credibility of prosecution and defence witnesses; corroboration by independent eyewitnesses; motive (prior conviction) as supporting inference of participation; appellate review of factual findings and sentence.
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12 December 1987 |
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A Primary Court record lacking recorded assessors' opinions is not a judgment and appeals founded on it are nullified.
Criminal/Civil procedure – Primary Courts – requirement to obtain and record assessors' opinions – effect of failing to record assessors' views on validity of judgment. Appeal – appealability – an appeal cannot properly lie from a non-judgment. Magistrates' Courts Act 1984 s.7(2) – assessors' role and magistrate's casting vote.
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12 December 1987 |
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Appellant failed to prove enticement or authenticate letters; appeal dismissed with costs.
Civil law – claim for enticement/adultery – burden of proof – authenticity and provenance of documentary evidence – relevance of historical testimony – appellate review of factual findings.
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12 December 1987 |
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A 13‑year‑old who struck and killed another with a brick was found guilty but conditionally discharged due to youth.
Criminal law – Manslaughter – causation by assault; Juvenile criminal responsibility – doli incapax and capacity to know wrong; Evidence – contemporaneous conduct (flight) as proof of awareness; Sentencing/disposal – conditional discharge under s.326(1)(b) for young first offender.
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11 December 1987 |
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Appellants' convictions quashed due to unreliable eyewitness testimony and insufficient possession evidence.
Criminal law – conviction unsafe where reliant on a single inconsistent eyewitness; possession evidence insufficient to prove theft of larger quantity; appellate review — quashing convictions and vacating compensation.
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11 December 1987 |
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A Resident Magistrate lacked jurisdiction to revise a Primary Court decision; the illegal revisional order was quashed.
Jurisdiction – limits of Resident Magistrate's Court – No revisional or appellate jurisdiction over Primary Courts; proper revision lies in District Court. Civil procedure – illegal revision – revisional order made without jurisdiction is nullity. Service – attempted service on deceased's representative; refusal to accept process does not mean party judged unheard.
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11 December 1987 |
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Cohabitation and occasional contributions do not establish joint ownership; documentary and corroborating evidence determine title.
Primary courts – jurisdiction in customary law matters; Land Registration Ordinance – registered land excluded; Cohabitation – no presumption of marriage; Contributions – gratuitous assistance does not create partnership or joint ownership; Evidence – documentary and corroborative witness evidence decisive.
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10 December 1987 |
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Cohabitation does not create marriage or joint property; written sale agreement and corroborating evidence determine ownership.
Property — Ownership dispute over plot and house — Primary Court jurisdiction where customary law applies and land not registered — Cohabitation does not create presumption of marriage or partnership — Written sale agreement and corroborating witness evidence determine ownership — Occasional financial assistance insufficient to create joint proprietary interest.
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10 December 1987 |
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Divorce petition for cruelty dismissed for lack of proof; three-year separation order set aside, parties remain married.
Family law – Divorce on grounds of cruelty – Burden of proof and requirement for evidence/witnesses; Appellate review of separation orders; Power and appropriateness of ordering fixed-term separation for reconciliation.
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10 December 1987 |
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Signed written admission of liability for cattle trespass upheld; appeal dismissed with costs.
Tort — cattle trespass — written admission — evidentiary weight of signed agreement — appellate review of factual findings.
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8 December 1987 |
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Property belonging to a deceased child is not a matrimonial asset divisible under section 114 in divorce proceedings.
Family law – Division of matrimonial assets – Section 114 Law of Marriage Act – scope limited to assets acquired by parties during marriage; property of a third party (deceased child) not divisible in divorce proceedings; inheritance/succession claims distinct from matrimonial property disputes.
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8 December 1987 |
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Court rejected bias and self‑defence claims, upheld conviction, and corrected the primary court’s ultra vires sentence and compensation.
Criminal law – assault causing actual bodily harm; self‑defence; reasonable‑apprehension test for judicial bias; limits on primary court sentencing and compensation; substitution of ultra vires sentence.
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7 December 1987 |
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Appeal dismissed where claimant failed to prove ownership, alleged theft by respondents, or malicious prosecution.
Civil appeal – disputed ownership of land produce – proof required for recovery of harvested crops; Claims for conversion/damages – need for specific credible evidence of quantity and value; Malicious prosecution – absence of malice where complainant genuinely believed theft occurred and conviction was rendered; Evidence – assessment of credibility and insufficiency of appellant's proof.
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5 December 1987 |
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Owner may repossess land but must pay tenant at will compensation for permanent improvements.
Land law – tenancy at will – gratuitous permission to cultivate – occupant has no proprietary estate but is entitled to compensation for improvements (emblements/permanent crops) – appellate restraint in disturbing factual compensation awards.
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4 December 1987 |
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Primary Court proceedings conducted with only one assessor are void for want of jurisdiction; appeal allowed and orders quashed.
Civil procedure – Magistrates' Courts/Primary Courts – composition – requirement that Primary Court sit with not less than two assessors under Magistrates' Courts Act 1984 s.7(1) – sitting with one assessor renders proceedings void for want of jurisdiction. Jurisdictional irregularity not cured by general curing provisions where it goes to the root of the matter. Appeal allowed where lower courts failed to recognise assessor-composition defect.
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3 December 1987 |
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Forcible village occupation and destruction of the appellant's crops warrants compensation and reinstatement of the Primary Court award.
Property and compensation — unlawful occupation of private land by village government — destruction of crops — entitlement to compensation and assessment of quantum; appellate review reinstating Primary Court award.
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3 December 1987 |
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Convictions for assisting a prison escape quashed where circumstantial evidence failed to prove guilty knowledge beyond reasonable doubt.
Criminal law – Aiding escape – identification evidence – circumstantial evidence – guilty knowledge must be established beyond reasonable doubt; credible witness evidence does not alone suffice where inferences of guilt are not irresistible.
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2 December 1987 |
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Appellate court refuses to overturn concurrent factual findings on ownership of cattle seized in execution; appeal dismissed with costs.
Civil procedure — Objection proceedings — Execution levy and seizure of cattle — Ownership dispute — Concurrent findings of fact by trial and District Courts — Appellate interference limited absent demonstrable error.
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2 December 1987 |