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Citation
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Judgment date
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| July 1987 |
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Vacant possession granted where landlord legitimately needs premises for dispensary; ambiguous conditional wording in decree expunged.
Landlord and tenant — vacant possession — reasonable notice to quit — landlord’s need to use premises for own business (dispensary/pharmacy) — reasonableness of alternative accommodation — removal of conditional/dependent wording from decree.
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27 July 1987 |
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Unexplained shortage of entrusted public funds and the accused’s admissions supported conviction for theft; appeal dismissed.
Criminal law – Theft by public servant – Entrustment of public cash and unexplained shortage – Confession and inconsistent statements – Credibility of accused’s admissions. Evidence – Need for corroboration of improbable defence assertions (alleged handing over of funds to superior). Appeal – Appellant’s inconsistent explanations and absence of supporting evidence defeat claim of reasonable doubt.
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25 July 1987 |
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Whether conduct and acts of part performance created a binding dealership contract and justified specific performance.
Contract law – formation by conduct: firm offer by employer through confirmation and handing of standard form contract; acceptance by conduct and letter; part performance as basis for specific performance. Equitable remedies – specific performance ordered where damages inadequate and substantial part performance proved.
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25 July 1987 |
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Medical and forensic evidence created reasonable doubt; prosecution failed to prove the accused caused the deceased’s death.
Criminal law – Murder – proof beyond reasonable doubt – necessity for medical/forensic evidence to support inference of homicidal violence. Evidence – expert testimony (post‑mortem, chemical) – weight where uncontradicted and its role in creating reasonable doubt. Circumstantial evidence – insufficiency of quarrels, melancholy letters or reconciliation evidence to prove causation and malice aforethought.
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24 July 1987 |
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Accused acquitted where medical evidence showed intracranial haemorrhage and prosecution failed to prove causation beyond reasonable doubt.
Criminal law – Murder – Causation and proof beyond reasonable doubt; Medical evidence – intracranial haemorrhage and absence of external injuries; Circumstantial evidence – sufficiency and corroboration; Toxicology – negative report.
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24 July 1987 |
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Concurrent adultery finding upheld; court restored customary one-cow award and set aside district court’s punitive enhancement.
Family law – adultery – assessment of damages – court must consider relevant community custom under s.74(2)(a) of the Law of Marriage Act; s.74(1) prohibits punitive or exemplary elements in damages – appellate review of concurrent factual findings; waiver of issues not raised below.
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24 July 1987 |
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Adultery finding upheld; primary court's customary damages restored; punitive enhancement by district court rejected.
Adultery — assessment of damages — relevance of customary law under s.74(2)(a) Law of Marriage Act — damages for adultery must exclude punitive or exemplary elements per s.74(1) — appellate interference with primary court’s award — concurrent factual findings upheld.
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24 July 1987 |
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Whether an open space is a private plot and whether a broad permanent injunction restraining development was justified.
Land law – dispute over whether an open space is a path/entrance or private plot – factual characterisation of locus in quo. Ownership/devolution – evidentiary proof of devolution of plot to appellants and limits of ownership rights. Administrative allocation – relevance of survey and earmarking for industrial development and effect on rights of occupiers/improvers. Equitable relief – scope and appropriateness of permanent injunctions restraining development on small plots. Evidence – procedure and weight of court visits to locus in quo.
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23 July 1987 |
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Discrepancies between revenue returns and recovered ticket portions proved a booking clerk’s misappropriation of fares, appeal dismissed.
Criminal law – Theft by a public employee – Evidence of discrepancy between revenue returns (FR13) and recovered ticket portions; proof of misappropriation of fares; conviction for proved lesser amount upheld.
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22 July 1987 |
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Registered occupancy and credible title defeat a forged offer; eviction and damages for respondent affirmed.
Land law – allocation and registration of right of occupancy – registered certificate and folio provide superior title; alleged altered Letter of Offer (9→8) held forged – fraud and trespass – entitlement to compensation for improvements contested.
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22 July 1987 |
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Insufficient evidence of forcible entry; dispute over land title is civil and conviction is quashed.
Criminal law — Forcible entry — Requirement of proof of force or threats; Civil law — Land disputes over title should be resolved by civil suit; Evidence — Need for credible, corroborated testimony to sustain criminal conviction.
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22 July 1987 |
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Conviction on circumstantial evidence must exclude all reasonable hypotheses of innocence; appeal allowed and convictions quashed.
Criminal law – Circumstantial evidence – In cases dependent on circumstantial evidence the proved facts must be incompatible with innocence and incapable of explanation on any reasonable hypothesis other than guilt; conviction must be based on strength of prosecution case, not merely on weakness or rejection of the defence – alternative suspects and reasonable hypotheses negate safety of conviction.
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21 July 1987 |
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Documentary irregularities defeated the appellant’s title; respondent may redeem the land by paying redemption money; appeal dismissed.
Land law – title by purchase – reliability of documentary evidence – erasures and substitutions may render a sale document inadmissible; possession and improvements may attract redemption compensation; redemption/right to re-acquire upheld where purchaser’s title unproven.
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21 July 1987 |
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Registration before suit conferred jurisdiction; widow lawfully inherited and sold the land, so appeal dismissed.
Land law – jurisdiction of magistrate/district court where customary land is later surveyed and registered; effect of registration on jurisdiction; inheritance and capacity to dispose of deceased's land; probative effect of affidavit and village approval; procedural fairness—consequences of absence and failure to cross-examine leading to treating allegations as afterthoughts.
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21 July 1987 |
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An ambiguous or qualified reply does not constitute a guilty plea; conviction quashed and release affirmed.
Criminal procedure – plea of guilty – requirement that a plea be unequivocal – magistrate's duty to ensure accused knowingly and voluntarily admits guilt – conviction unsustainable if plea ambiguous.
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20 July 1987 |
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Reported
Criminal Practice and Procedure - Bail - Application for Bail pending appeal - Reasons for application - Chances of appeal succeeding - Whether same as overwhelming chances of success. |
17 July 1987 |
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Conflicting circumstantial and unreliable nighttime identification evidence insufficient to prove murder beyond reasonable doubt.
Criminal law – Murder – Circumstantial evidence; Identification at night – poor lighting and intoxicated witnesses affect reliability; Dying declaration – reliability where declarant did not know suspects; Standard of proof – beyond reasonable doubt.
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17 July 1987 |
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Conviction quashed where unexplained delay and alternative ownership raised reasonable doubt about the theft.
Criminal law – Theft – Identification evidence – Inordinate delay in reporting alleged theft – Prior proceedings and retaliatory motive – Reasonable doubt – Conviction quashed.
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15 July 1987 |
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Unexplained recent possession of stolen property creates a strong inference of guilt; convictions and concurrent sentences upheld.
Criminal law – Possession of recently stolen property – Recent possession can give rise to a strong factual inference of guilt as thief or guilty receiver. Evidence – Identification of exhibits – Complainant’s identification of recovered items upheld as credible factual finding. Criminal procedure – Failure to account for seized property and failure to cross‑examine prosecution witnesses weakens defence and may overcome presumption of innocence.
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15 July 1987 |
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A court may not compel a spouse to cohabit; desertion remedies lie with the Conciliatory Board and divorce petition.
Family law – compelled cohabitation – s.140 Law of Marriage Act prohibits proceedings to compel a spouse to live with the other; remedy is referral to Marriage Conciliatory Board and divorce/separation petition; Civil procedure – appeal heard in absence under s.35 Magistrates' Courts Act when parties cannot be traced.
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14 July 1987 |
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Conviction quashed where post-arrest identification and inconsistent witness accounts rendered proof beyond reasonable doubt inadequate.
Criminal law – identification evidence – reliability of identification where accused shown to complainant after arrest; absence of identification parade; contradictions in witness statements; proof beyond reasonable doubt; quashing conviction.
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13 July 1987 |
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Appellate court directed conviction for stealing by agent where entrustment was supported by corroborative evidence.
Criminal law – theft/stealing by agent (s.273(b) Penal Code) – proof of entrustment – corroboration by independent witness; appellate reassessment of credibility and drawing inferences from circumstantial evidence.
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13 July 1987 |
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Insufficient circumstantial evidence to prove the gearbox was the complainant's; order to return it to complainant set aside.
Criminal law – Receiving stolen property – Identification of stolen property – Sufficiency of circumstantial evidence to establish ownership; evaluation of witness credibility and expert/mechanic evidence; appellate intervention where trial court fails to properly assess identification evidence.
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13 July 1987 |
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Presence as passenger in a vehicle carrying stolen goods, without evidence of participation, cannot sustain a theft conviction.
Criminal law – Stealing goods in transit – Whether mere presence as passenger in vehicle carrying stolen goods establishes participation in theft – Requirement of evidence linking accused to breaking/offloading stolen goods; Trial misdirection – improper reliance on timing discrepancies as basis for conviction.
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13 July 1987 |
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Appellant's burglary conviction upheld; juvenile's minimum three-year sentence reduced to 18 months.
Criminal law – Burglary and theft – Recent possession – whether defence of pledge was properly considered. Evidence – adequacy of trial magistrate's assessment; afterthought defence. Sentencing – juvenile offenders – applicability of Minimum Sentences Act and reduction of excessive custodial term.
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12 July 1987 |
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Customary clan land alienation to non‑clan members is void; redeemer entitled to restoration and purchaser’s remedies lie against vendor.
Customary land — redemption of clan land — limitation/prescription under customary law — validity of gift or sale to non‑clan members — female clan member’s power to dispose — remedies and compensation for purchaser and improver.
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12 July 1987 |
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Drivers and casual labourers acquitted for lack of guilty mind; organisers convicted and sentences reduced for excess.
Criminal law – theft in transit (s.269(g) Penal Code) – requirement of mens rea for drivers and casual labourers hired to transport/load goods. Evidence – alleged accomplice witnesses – when corroboration is required and when prosecution witnesses are not accomplices. Sentencing – limits on subordinate courts’ sentencing powers; Senior Resident Magistrate does not have unlimited sentencing jurisdiction; reduction of excessive sentence. Forfeiture – procedure for ordering forfeiture of vehicle used in commission of offence.
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11 July 1987 |
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Appeal against robbery conviction dismissed; identification upheld, alibi rejected, compensation reduced to Shs.600/=
Criminal law – robbery with violence – identification evidence – immediate identification under electric lighting and prompt reporting – reliability of visual ID. Criminal law – alibi – insufficiency to raise reasonable doubt. Compensation – variation of quantum where trial court mis-assessed amount stolen. Appeal – conviction and sentence affirmed save for reduction of compensation.
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10 July 1987 |
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Appellant failed to prove entrustment of cattle; district magistrate improperly received additional evidence without recorded reasons.
Civil procedure – appeal from Primary Court – reception of additional evidence on appeal – requirement to record reasons in writing under s.21(1)(a) – improper rehearing and cross-examination on appeal; Evidence – burden to prove entrustment/ownership – necessity of corroborative witnesses.
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10 July 1987 |
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A trespasser may not claim compensation or adverse possession where the owner protested and prosecuted; boundary mistakes rejected.
Land law – trespass – removal of survey beacons – deliberate removal defeats mistaken boundary defence; adverse possession/long possession – owner’s protests and criminal prosecutions defeat claim of acquiescence; unexhausted improvements – trespasser who persists after protest not entitled to compensation; appellate review – trial court's finding of title and nominal damages upheld.
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10 July 1987 |
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Convictions for trespass/malicious damage quashed where ownership of land was disputed and civil action is the proper remedy.
Criminal law – Trespass and malicious damage – Ownership dispute — Where ownership of land is contested, criminal proceedings for trespass are inappropriate; civil action is the proper remedy — Convictions and compensation orders quashed.
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10 July 1987 |
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Fines below half the statutory maximum for driving defective vehicles are not excessive given serious safety defects.
Road Traffic Act s39(5) – sentencing limits; Appeal against severity of sentence – assessment of excessiveness; Sentencing discretion – proper exercise and reasonableness; Vehicle defects as aggravating factor – danger to road users.
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9 July 1987 |
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The applicant's possession of recently stolen property and credible identifications justified conviction and dismissal of the appeal.
Criminal law – Burglary and theft – Possession of recently stolen property as evidence of guilt – Identification evidence and credibility – Appellate review of trial court's findings – Sentences held to be minimum prescribed and appropriate.
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9 July 1987 |
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Appellate court reduced an excessive fine for driving a defective vehicle, stressing owner responsibility and mitigating factors.
Road Traffic Act (s.39) – driving vehicle not in good repair – sentencing – manifestly excessive fine – mitigating circumstances – owner’s primary responsibility for repair – appellate reduction of fine.
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8 July 1987 |
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Appeal dismissed: evidence established a cashier’s misappropriation of teachers’ salary funds; conviction and five-year sentence upheld.
Criminal law – Theft by public servant – Evidence of receipt and misappropriation of public funds – Credibility of escorting witness and district officer – Defence rejected – Sentence upheld as minimum under law.
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8 July 1987 |
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Reported
A false, widely circulated accusation of illegal professional practice was defamatory; qualified privilege was defeated by malice, damages awarded.
Companies law – incorporation – finality of certificate – s.16 Companies Ordinance; challenge only by prerogative orders. Defamation (libel) – elements: publication to third parties, identification, and tendency to injure reputation. Qualified privilege – applies where reciprocal interest exists but is defeated by malice or publication to unrelated third parties. Defences – justification and fair comment require truth, public interest, absence of malice; both failed where allegations were false and made recklessly.
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6 July 1987 |
Tort- Damages - Assessment of - Quantum |
6 July 1987 |
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Appeal dismissed: storekeeper’s unexplained removal of government livestock drugs justified theft conviction and minimum sentence.
Criminal law – Theft by public servant – Storekeeper’s duty and failure to record government property; Possession of suspected stolen property; Credibility of defence; Sentence – minimum statutory term upheld.
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6 July 1987 |
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Appellant-storekeeper’s theft of government livestock drugs proved; convictions and statutory minimum sentence upheld.
Criminal law – Theft by public servant – Duty of public storekeeper to record and safeguard government property – Evidence and credibility – Convictions and statutory minimum sentence upheld on appeal.
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6 July 1987 |
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An appellate court upheld a customary allocation of estate and ordered appellants to vacate the house allocated and registered to the respondent.
Customary law – Haya customary distribution of estate – validity of clan allocation and binding effect under Local Customary Law Declaration (GN 436/1963). Succession – widow’s and children’s shares and provision for maintenance under customary law (Law of Persons/GN 279/63, para.77). Possession – right of heir allocated a house and registration in his name – remedy of eviction and entitlement to rents. Evidence – trial magistrate’s factual findings on customary distribution and habitability of house upheld on appeal.
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6 July 1987 |
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The accused convicted for unlawful possession of Government trophies; statutory presumption applied and sentenced to 15 years imprisonment.
Wildlife Conservation Act – unlawful possession of Government trophies; s.67 offence and s.70(2)(a) evidential presumption where trophies found in premises occupied by accused; burden shifting; accused’s silence and adverse inference; credibility of recovery evidence; conviction and sentence (15 years) and confiscation of trophies.
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6 July 1987 |
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Statutory presumption under s.70(2)(a) supports conviction for illegal possession of trophies found on accused's premises.
Criminal law – Wildlife offences – Unlawful possession of Government trophies (elephant tusks) – statutory presumption under s.70(2)(a) when trophies found in premises occupied by accused – burden shifts to accused to rebut. Criminal procedure – Accused's election to remain silent – adverse inference where statutory presumption applies. Evidence – credibility and corroboration of seizure and recovery evidence. Sentencing – seriousness of wildlife offences; custodial sentence and confiscation.
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6 July 1987 |
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Reported
Execution for untaxed costs quashed; limitation ran from acquittal and civil claim proven, appeal on liability dismissed.
Civil procedure – execution – execution for untaxed costs – Taxing Master must tax bill of costs under Advocate's Remuneration and Taxation of Costs Rules (Rule 61) before execution. Limitation – accrual of cause of action – period begins when creditor’s right to sue arises (here, after acquittal and refusal to pay). Evidence – prior criminal finding on delivery/performance may conclusively affect civil claim on same facts.
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4 July 1987 |
Limitation - Law of Limitation - Suit based on contract - Cause of action arose in 1976 - Suit filed in 1984 - Criminal proceedings instituted against complainant relating to the subject-matter of the contract in 1979 - Acquittal - When cause of action arose - When time began to run |
4 July 1987 |
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Court convicted six accused for cattle theft/possession (one acquitted), applying caution on single‑witness ID and alternative‑verdict provisions.
Criminal law – cattle rustling – proof of theft – single eye‑witness identification and need for corroboration. Evidence – accomplice evidence – requirement and extent of corroboration. Economic and Organized Crime Control Act s.43(1) – alternative verdicts; conviction for receiving/possession of stolen property. Trial in absence – provisions permitting evidence and conviction where accused jumps bail. Compensation under Economic Act and Criminal Procedure Act for unrecovered stolen property.
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4 July 1987 |
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Employee occupation created a tenancy; appellant’s self-induced failure to finish renovations did not excuse rent liability.
Tenancy law – commencement by contract versus commencement by conduct; self-induced failure and frustration of contract; entitlement to rent arrears and quantum meruit; requirement of architect’s certification for crediting improvement costs.
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3 July 1987 |
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Appellate court held respondent failed to prove marriage; District Court's reversal quashed; appeal allowed with costs.
Evidence – customary marriage – proof requires clear, probative evidence of marriage and cohabitation; documentary items (photos, receipts, letters) may be equivocal. Appellate review – appellate court should not overturn primary court findings of fact absent compelling reason. Costs – costs ordinarily follow the event; ordering costs against a defendant where claim is dismissed is improper.
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3 July 1987 |
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Lender of animals cannot demand offspring absent agreement; entitled only to surviving lent animals.
Property/loans of animals – Loan of animals – Whether offspring of a lent animal must be returned absent agreement – No automatic right to offspring where no express term exists.
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2 July 1987 |
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Reported
Payment of bride price alone does not establish customary marriage; s.72(2) good-faith defence succeeds.
Family law – Customary marriage – Formation under Sukuma custom – Bride-price alone insufficient; handing over required under s.25(5)(d) of the Law of Marriage Act, 1971. Family law – Damages for adultery – Claim requires proven marital status. Statutory defence – s.72(2) Law of Marriage Act – Good-faith spouse who did not and could not have known of prior marriage protected from liability.
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2 July 1987 |
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Payment of brideprice alone did not create a customary marriage; s.72(2) defence of innocent belief succeeded.
Customary marriage – brideprice payment alone insufficient; handing over according to Sukuma rites required (s.25(5)(d), Law of Marriage Act No.5 of 1971). Defence of bona fide belief – spouse unaware of prior marriage (s.72(2), Law of Marriage Act) – reasonable diligence inquiry. Damages for adultery – claim fails where no valid marriage is proved.
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2 July 1987 |