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Citation
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Judgment date
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| September 1987 |
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A ward secretary/jp unlawfully detained a resident without lawful cause; conviction and one‑year sentence upheld.
Criminal law – Wrongful confinement – Detention in lock‑up without lawful justification – section 253 Penal Code. Powers of justice of the peace – Detention permissible only where reasonable suspicion of offence exists. Abuse of office – Senior local official detaining a resident unlawfully; sentence upheld. Evidence – Credibility findings of trial court affirmed on appeal.
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9 September 1987 |
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Convictions based solely on a single, uncertain nighttime identification were unsafe and therefore quashed.
Criminal law – Identification evidence – Single witness identification at night – requirement that identification be 'watertight' before sustaining conviction; Corroboration – absence of direct or circumstantial corroboration undermines identification; Alibi – credible, corroborated alibi may render identification unsafe; Revisional jurisdiction – power to quash conviction and sentence of co-accused.
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9 September 1987 |
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Conviction quashed where sole identification by voice and clothing was unreliable and the trial court improperly rejected the alibi.
Criminal law – Robbery with violence – Identification evidence – Voice and clothing identification – Reliability in night-time, chaotic conditions – Trial court's evaluation of alibi and defence evidence – Conviction unsafe when identification unsupported and defence improperly discounted.
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9 September 1987 |
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Reported
Criminal Law - Sentencing - Assessment of sentence - Whether it assessing sentence the prevalence of a particular type of crime is a decisive factor. |
9 September 1987 |
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Conviction for public-servant theft upheld; seven-year term reduced to five years concurrent due to mitigating factors.
Criminal law – Theft by public servant – Evidence of receipt and failure to account; keys and no forced entry – Conviction upheld. Sentence – Prevalence of offence an aggravating factor but balanced against mitigating factors (young, first offender, family responsibilities, modest value) – reduction of excessive sentence and order of concurrency.
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9 September 1987 |
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Reported
Convictions for conversion of public funds upheld; seven-year sentence reduced to five years on mitigation grounds.
Criminal law – Stealing by public servant – failure to bank or account for public funds – inference of conversion where entrusted custody and no break-in. Evidence – deference to trial court credibility findings – appellate restraint. Sentencing – aggravating factor of prevalence versus mitigating factors (youth, first offender, family responsibilities, amount, lack of sophistication) – reduction of sentence.
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9 September 1987 |
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Contempt convictions quashed for lack of hearing; robbery convictions upheld under recent possession doctrine; concurrent sentences affirmed.
Criminal law – Contempt of court – Procedural requirements to charge contempt – charge to be framed and read and accused called to show cause; Quashing of contempt convictions for lack of fair hearing. Criminal law – Robbery with violence and unlawful possession – Doctrine of recent possession: possession of recently stolen property supports inference of guilt. Sentencing – Trial court omission to pass separate sentences – appellate court may impose sentences on omitted counts; concurrent sentencing and use of earlier mitigation pleas.
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9 September 1987 |
Criminal Practice and Procedure - Contempt of Court - Failure of magistrate to follow laid down procedures - Accused condemned unheard - Incurable irregularity.
Administrative Law - Natural justice - Principles of - Accused condemned unheard - Fundamental irregularity.
Criminal Practice and Procedure - Sentencing - Omnibus sentence imposed on two counts - Whether court imposing such sentence is rendered functus officio with regard to the same. |
9 September 1987 |
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Insanity plea failed; eyewitnesses, admissions and recovered weapon established malice aforethought and murder conviction.
Criminal law – Murder – Malice aforethought – Insanity defence – Presumption of sanity (s.12 Penal Code) – Burden on accused to prove unsoundness of mind on balance of probabilities (s.13 Penal Code) – Reliance on eyewitness identification, accused’s admissions, recovery of weapon, and post‑mortem evidence to establish intent.
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9 September 1987 |
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Insanity defence failed to rebut presumption of sanity; eyewitness and physical evidence established murder with malice aforethought.
Criminal law – murder – elements: premeditation and malice aforethought; eyewitness evidence and weapon recovery establishing guilt. Criminal responsibility – insanity defence – presumption of sanity (s.12 Penal Code) and burden on accused to prove insanity on balance of probabilities; effect of s.13. Evidence – weight of contemporaneous eyewitness testimony, admission and recovery of weapon; medical cause of death (severe brain damage).
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9 September 1987 |
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Appeal dismissed: convictions for burglary and theft upheld based on reliable identification and recovery of stolen property.
Criminal law – Burglary and theft – Identification evidence – Witnesses who knew accused; mistaken identity not a real possibility. Criminal law – Stolen property – Identification by distinctive mark and prompt disposal by accused supporting link to burglary. Criminal law – Alibi – Prison records disproving alibi. Sentencing – Minimum statutory sentence upheld; concurrent sentences.
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9 September 1987 |
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Appeal against conviction for receiving stolen property dismissed; evidence established knowledge or reasonable belief it was stolen.
Criminal law – Receiving stolen property (s.311(1) & (2)) – Knowledge or reasonable belief property stolen – Evidential assessment and credibility of witnesses – Sentence appropriate.
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9 September 1987 |
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Appeal dismissed: conviction for receiving stolen property upheld where evidence showed knowledge or reasonable belief the goods were stolen.
Criminal law – Receiving stolen property – Proof of knowledge or belief that property was stolen; Credibility and conduct evidence; Sentence review.
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9 September 1987 |
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Appeals allowed: convictions quashed for failure to prove chain of custody, access and common intention beyond reasonable doubt.
Criminal law – convictions for destroying evidence and conspiracy; adequacy of proof; chain of custody and exhibit handling; credibility of prosecution witnesses; requirement to prove exclusive control and common intention beyond reasonable doubt.
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8 September 1987 |
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Impersonation and firearm possession without evidence of violence did not amount to robbery; conviction substituted for false pretences and sentence reduced.
Criminal law – Robbery (ss.285–286 Penal Code) – requirement of violence or threats – mere possession of firearm insufficient to constitute robbery. Criminal procedure – Substituted conviction (s.306 Criminal Procedure Act) – obligation to substitute a lesser appropriate offence where evidence does not support original conviction. Arms and Ammunitions – unlawful possession (ss.13(1), 31) – conviction and sentence appropriate where weapons and ammunition found.
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8 September 1987 |
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Conviction for careless reversing causing death upheld; three-year sentence set aside, replaced by fine or one year; driving disqualification affirmed.
Road Traffic Act ss.41 & 63(2)(b) – causing death by careless driving while reversing; plea of guilty – clarity and admission of facts; sentencing – statutory minimum versus maximum; court's discretion to impose fine or lesser sentence; first offender – substitution of sentence; driving disqualification upheld.
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7 September 1987 |
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An eilembo (customary right-of-way) cannot be unilaterally narrowed; respondent must restore path and pay costs.
Customary law – Rights of way (eilembo) – Definition and status – An eilembo cannot be closed and may be narrowed only with consent of regular users; unilateral reduction unlawful. Limitation – Delay by absent user did not bar remedy where no prejudice shown.
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4 September 1987 |
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A 33‑year right of occupancy does not permit unilateral redefinition of plot boundaries to oust a neighbouring occupier; appeal dismissed.
Land law – boundary disputes – right of occupancy – 33‑year right does not entitle assignee to unilaterally re‑demarcate or enlarge plot boundaries; historic imperfect surveys – occupants bound to accept existing boundaries; credibility of parties and official land officer decisive.
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3 September 1987 |
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Possession of recently stolen goods, with victim identification and no rival claim, supports conviction for housebreaking and stealing.
Criminal law – housebreaking and stealing – possession of recently stolen goods – presumption of theft; Evidence – identification of stolen property without distinct marks where no rival claim exists; Defence allegation of fabrication by arresting witness – requires substantiation; Appeal – evaluation of facts and appropriateness of concurrent sentences.
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2 September 1987 |
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2 September 1987 |
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A revisional court cannot alter civil rights without hearing the affected party; ownership disputes belong in civil court.
• Civil procedure – Revision – District court’s revisional order altering party’s civil rights – Requirement to give affected party opportunity to be heard (s.22(3) Magistrates’ Courts Act, 1984).
• Civil v. criminal – Property ownership disputes are civil matters and not to be determined by criminal revisional orders.
• Interim preservation – Court may restrain interference with disputed property pending determination of civil proceedings.
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2 September 1987 |
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Conviction for stealing by agent substituted with obtaining money by false pretences where false representation induced payment.
Criminal law – Distinction between stealing by agent and obtaining money by false pretences – false representation inducing payment. Appeal – Appellate substitution of conviction – when substitution appropriate based on evidence. Evidence – Credibility findings and reliability of trial court assessment upheld on appeal.
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2 September 1987 |
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Eyewitness and medical evidence supported grievous harm conviction; alibi rejected and sentence upheld.
Criminal law – grievous harm – eyewitness identification in daylight – corroboration by medical report – rejection of alibi – sentence not excessive.
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2 September 1987 |
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Burglary conviction quashed for lack of breaking; theft conviction upheld but custodial sentence replaced by absolute discharge.
Criminal law – Burglary requires proof of breaking/unlawful entry; insufficient physical evidence may quash burglary conviction. Cautioned statement admissible despite retraction. Sentencing – custodial sentence inappropriate where age is uncertain and offender may be a juvenile; court may substitute non-custodial disposition (absolute discharge).
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2 September 1987 |
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An order granting or refusing a stay of execution is not appealable; appeal against such order dismissed with costs.
Civil procedure — Stay of execution — Whether order granting or refusing stay is a decree — Appealability of interlocutory orders — Substance over form — Preservation of property pending finalisation of appeal.
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1 September 1987 |
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Reported
Repeated and serious assaults, including one during pregnancy, amounted to cruelty justifying dissolution of the marriage.
Family law – Divorce – Cruelty/ill‑treatment – Corroboration of assaults – Serious assaults (including during pregnancy) may amount to irreparable breakdown of marriage; appellate review of factual findings.
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1 September 1987 |
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Reported
Contempt convictions quashed for denial of hearing; robbery and firearm convictions upheld on recent possession; additional concurrent sentence imposed.
Criminal law – Contempt of court – Requirement to frame and read charge and give accused opportunity to show cause – Natural justice; Criminal law – Robbery with violence and unlawful possession of firearm – Doctrine of recent possession; Sentencing – Omnibus sentence and omitted counts – Appellate court not necessarily functus officio and may pass omitted sentence; Mitigation – use of prior mitigation addresses when imposing additional sentence.
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1 September 1987 |
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Conviction under s.312(1)(a) unsustainable where property found in house not shown to be "in the course of a journey".
Criminal law — possession of suspected stolen property — section 312(1)(a) Penal Code — "possession in the course of a journey" required; Criminal Procedure Act 1985 s.25(1) — police may stop, search or detain (any or all) — requirement of simultaneous stop/search/detain rejected; burden of proof — prosecution must prove possession and conveying, thereafter accused must explain on balance of probabilities.
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1 September 1987 |
| August 1987 |
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Appeal allowed: applicant’s consistent evidence established ownership; lower courts misdirected and their judgments set aside.
Land dispute – ownership by purchase and occupation – assessment of witness credibility – inadmissibility or impropriety of relying on extraneous materials not on record – appellate review of concurrent findings.
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29 August 1987 |
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Prosecution failed to prove negligence beyond reasonable doubt; accused acquitted due to conflicting, unreliable evidence.
Criminal law – Negligence causing loss to a specified authority – Proof beyond reasonable doubt; credibility of interested police witnesses; benefit of doubt where witness accounts conflict.
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27 August 1987 |
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Night‑guard militia convicted of manslaughter where excessive force, not proven malice, caused fatal skull fracture.
Criminal law – murder v manslaughter – requirement to prove malice aforethought; circumstantial evidence and medical opinion corroborating unlawful assault in custody; credibility of escape‑theory; liability of arresting versus night‑guard militia; sentencing (suspended term).
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27 August 1987 |
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An out‑of‑time application to set aside an ex parte judgment and refusal to accept service do not justify vacating the judgment.
Civil procedure – setting aside ex parte judgment – application filed out of time (five months v. six weeks) – service of process – refusal to accept service not good cause – exercise of judicial discretion.
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27 August 1987 |
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26 August 1987 |
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Conviction for burglary and stealing upheld; seven-year sentence reduced to four years, with concurrent one-year theft term.
Criminal law – Burglary and stealing – Conviction upheld where accused caught shortly after breaking into a dwelling and found with stolen items. Sentencing – Minimum Sentences Act s.170 – subordinate court may impose up to 8 years; where sentence exceeds minimum it must be transmitted and confirmed. Appellate review – Reduction of sentence for excessiveness – seven years reduced to four years on the facts. Sentencing procedure – Separate sentences should be recorded for each conviction; concurrent sentence imposed for theft.
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24 August 1987 |
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Contradictory witness evidence and an unchallenged sworn defence created reasonable doubt, so conviction was quashed and sentence set aside.
Criminal law – conviction based on identification and circumstances – contradictions in prosecution witnesses and failure to cross‑examine accused’s sworn defence create reasonable doubt; conviction quashed. Criminal procedure – weight of unchallenged sworn defence evidence.
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24 August 1987 |
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Appellate court upheld conviction and sentence for robbery with violence, deferring to trial court on credibility and identification.
Criminal law – Robbery with violence – Identification evidence and credibility – appellate deference to trial court's findings on witness credibility; corroborative eyewitness testimony admissible and probative. Criminal procedure – Appeal – Grounds challenging credibility and hearsay rejected where trial court observed witnesses and gave sound reasons. Sentencing – Appellate interference – sentence not disturbed where trial court provided adequate justification and term was not manifestly excessive.
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24 August 1987 |
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Conviction quashed because prosecution evidence was contradictory and insufficient to safely convict.
Criminal law – Obtaining money by false pretences – Sufficiency of evidence – Corroboration – Unsafe conviction – Appellate interference to quash conviction where prosecution case contains contradictions.
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23 August 1987 |
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Failure to comply with mandatory s231(1) procedure at close of prosecution renders the trial a nullity and mandates retrial.
Criminal procedure – section 231(1) – duty at close of prosecution to explain charge and inform accused of rights – mandatory requirement – non‑compliance vitiates trial – retrial ordered.
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21 August 1987 |
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Reported
Civil Practice and Procedure - Temporary injunction - Application for- Notice of such application to the opposite party - Whether
mandatory.
Civil Practice and Procedure - Temporary injunction - Application for Principles for granting application.
Civil Practice and Procedure - Temporary injunction - Application to issue pending hearing of intended application for orders of certiorari and mandamus - No application for leave to apply for orders sought and obtained - Whether temporary injunction may issue.
Administrative law - Prerogative orders -Application for temporary injunction pending hearing of intended application for orders of certiorari and mandamus - No application for leave to apply for orders sought and obtained - Whether temporary injunction may issue. |
20 August 1987 |
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Reported
Ex-parte interim injunction set aside for failure to give mandatory notice, lack of leave for prerogative orders, and improper relief against a non‑party.
Civil procedure – interim injunction – mandatory notice under Order 37 Rule 3 – dispensing with notice – requirement of leave before applying for prerogative orders (certiorari, mandamus) – injunctions against non-parties – availability of alternative legal remedy.
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20 August 1987 |
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An ex‑parte interlocutory injunction granted without mandatory notice and before leave for prerogative relief was set aside.
Civil procedure – Order 37 Rule 3 – mandatory notice requirement for injunctions; ex‑parte injunctions; prerogative orders – leave to apply for certiorari and mandamus; joinder and non‑parties – injunctions against strangers; mandamus – requirement of prior request and refusal; employment – power to dismiss an assignee.
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20 August 1987 |
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Insufficient corroboration and missing exhibits meant extra-judicial statements could not sustain murder convictions; all accused acquitted.
Criminal law – murder – requirement that prosecution prove guilt beyond reasonable doubt; benefit of doubt and acquittal where evidence inconclusive. Evidence – extra-judicial statements recorded before Justices of the Peace – admissibility, voluntariness, and need for independent corroboration where they implicate co-accused. Evidence – loss or premature disposal of exhibits and death of a material witness undermining corroboration of prosecution case. Procedure – assessment of torture/threat allegations against police and contemporaneous recording by magistrates.
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20 August 1987 |
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Conviction overturned where identification was unreliable and corroborated alibi was unduly rejected.
Criminal law – Identification evidence – Reliability of visual identification where scene was confused, lighting uncertain and victims failed to name accused in initial report; Defence evidence – Alibi corroboration and requirement that trial court properly assess and not shift burden of proof; Conviction unsafe – Appeal allowed and accused released.
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19 August 1987 |
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Unexplained custodial shortages established misappropriation; conviction and eight-year sentence upheld.
Criminal law – Theft/misappropriation – Unexplained shortages in custody of accounts and goods – Custodial responsibility gives rise to adverse inference when items are unaccounted for. Evidence – Audit reports and records as proof; failure to explain shortages supports conviction beyond reasonable doubt. Sentencing – Minimum Sentences Act – appellate courts will not interfere absent demonstrable misdirection or excessiveness.
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17 August 1987 |
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Appellant’s unexplained shortages as sole custodian justified conviction for theft; sentence confirmed and appeal dismissed.
Criminal law – Theft/misappropriation – Custodian of property – Unexplained shortages by sole custodian support inference of misappropriation; Evidence – Burden and proof beyond reasonable doubt – failure to produce or explain entrusted property; Sentencing – Minimum Sentences Act 1972 – appellate interference with sentence.
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17 August 1987 |
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Appeal dismissed: bank and employer evidence proved servant diverted employer’s cheque to a third party, constituting theft.
Criminal law – Theft by servant – diversion of employer’s cheque to third party account – evidence of bank officials and payment records establishing misappropriation. Evidence – credibility of bank and employer witnesses; immateriality of collateral inconsistencies. Sentence – assessment of proportionality given amount stolen and non-recovery of funds.
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17 August 1987 |
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Reported
Unsubstantiated objections and belated counsel requests did not vitiate trial; compensation order against village set aside.
Criminal procedure – Primary Court – objection to presiding magistrate must be supported by reasons; belated request for counsel in Primary Court may be refused; accused who decline to cross‑examine or give evidence forfeit opportunity to be heard; uncontradicted evidence may sustain convictions; compensation order invalid where imposed on non‑party and where apportionment impossible due to untried co‑accused.
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17 August 1987 |
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Absence of Director of Public Prosecutions' consent under s.38(4) rendered the prosecution and convictions a nullity.
Criminal procedure – search and seizure – exercise of powers under section 38 of the Criminal Procedure Act – requirement of Director of Public Prosecutions' consent under s.38(4) – absence of consent renders prosecution void for want of jurisdiction; conviction a nullity.
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17 August 1987 |
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Identification in good lighting plus corroborative police evidence upheld the appellants' convictions and sentences.
Criminal law – Robbery with violence – Identification evidence: lit hurricane lamp and prior acquaintance; sufficiency to convict. Criminal procedure – Alibi: burden, credibility and when alibi may be rejected. Evidence – Corroboration: police sighting and recovery/identification of stolen property corroborating eyewitness testimony. Appeal – Conviction and sentence: appellate interference inappropriate absent miscarriage of justice.
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17 August 1987 |
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Appellants' alibis rejected; positive identification and police corroboration upheld convictions and eight-year sentences.
Criminal law – Robbery with violence – identification evidence – lighting and prior acquaintance supporting positive identification. Defence of alibi – requirements for acceptance and circumstances for rejection. Corroboration – independent police sighting and recovery/identification of stolen property corroborating eyewitness testimony.
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17 August 1987 |