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Citation
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Judgment date
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| October 1988 |
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Appellants’ convictions for housebreaking and theft quashed for reasonable doubt and procedural irregularities.
Criminal law – housebreaking and stealing – recent possession and inference of guilt; alibi and reasonable doubt; credibility of conflicting statements; procedural irregularity for failure to properly charge/call accused (Criminal Procedure).
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31 October 1988 |
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Appellate court upheld conviction for unlawful firearm possession, finding identification and procedure lawful and rejecting unsupported alibi.
Criminal law – unlawful possession of firearm – sufficiency of identification and corroboration; Criminal procedure – case to answer ruling at close of prosecution; Alibi – statutory notice under section 194(4)–(6) and effect of non‑compliance; Appeal – conviction and sentence upheld.
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31 October 1988 |
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Application dismissed as time‑barred due to unexplained delay between decree availability and filing.
Limitation of actions – time‑bar – delay in filing an application after decree becomes available – requirement to explain delay; unexplained delay leads to dismissal.
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28 October 1988 |
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Application dismissed as time-barred for failure to explain delay; applicants ordered to pay costs.
Civil procedure — Limitation of actions — Application to appeal filed after expiration of limitation period — No explanation for delay — Application dismissed and costs awarded.
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28 October 1988 |
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Appellate court upheld convictions where opinion evidence on speed was supported by eyewitnesses and confirmed concurrent sentences totaling four years.
Criminal law – Road Traffic – Causing death by dangerous driving and causing bodily injuries – Sufficiency of evidence where opinion evidence about speed is supplemented by eyewitness testimony and signed sketch map. Evidence – Opinion evidence on speed – conviction permissible where corroborative admissible evidence exists; authorities limiting convictions based solely on opinion evidence distinguishable on facts. Sentence – Appeals against sentence – concurrent vs consecutive sentencing – appellate confirmation of four and two year terms to run concurrently. Procedure – Trial magistrates should expressly state whether multiple sentences run concurrently or consecutively.
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28 October 1988 |
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Circumstantial evidence failed to prove forgery or conspiracy; signatures and cashier/manager involvement raised reasonable doubt.
Criminal law – Forgery and false accounting – Sufficiency of circumstantial evidence; conspiracy/common intention – required elements and proof; evidential value of signatures and rubber stamps; duties of storekeeper and impact of uncharged suspects on safety of convictions.
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28 October 1988 |
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28 October 1988 |
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A village must sue in its proper corporate capacity with registration proof; attachment of a debtor's residential home is unlawful.
Civil procedure – capacity to sue – village suits must be brought by incorporated village council or properly designated representative and supported by registration proof. Pleadings – requirement to annex registration certificate and membership particulars; vagueness and failure to identify granting authority may lead to striking out. Property execution – attachment of dwelling used as residence is exempt under Section 48 of the Civil Procedure Code; attachment set aside when premises are debtor's home.
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28 October 1988 |
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Appeal dismissed: evidence established transfer and title to respondent's father; house not part of deceased's estate.
Property dispute – ownership of house alleged to be part of deceased's estate – relevance of oral and documentary evidence establishing sale and transfer of Right of Occupancy. Evidence – credibility of witnesses and documentary proof of transfer and registration in purchaser's name. Procedure – appellate review of concurrent findings of fact by trial and first appellate courts; standards for disturbing such findings.
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28 October 1988 |
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Application to re‑admit appeal dismissed as time‑barred; absence abroad did not excuse the delay; costs to respondent.
Civil procedure — Re‑admission of appeal — Application under Order 39 rule 19 C.P.C. — Must be made within 30 days of dismissal — Absence abroad does not excuse delay where applicant had prior knowledge of dismissal.
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28 October 1988 |
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Application to re‑admit an appeal dismissed as time‑barred for failure to show sufficient cause for delay.
Civil procedure — re‑admission of appeal — Order 39 r.19 CPC — application must be made within 30 days of dismissal — delay and lack of sufficient cause — absence from hearing and missing court file do not automatically justify reinstatement.
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28 October 1988 |
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Reported
Appellants’ long continued possession and respondents’ conduct created a statutory tenancy protected by the Rent Restriction Act; eviction notice invalid.
Landlord and tenant — statutory tenancy — conduct constituting tenancy (acceptance of rent, rent receipts, correspondence, keys) — Rent Restriction Act applicability — premises within rent restriction area — continued possession converts temporary arrangement into statutory tenancy under section 32(1) — eviction subject to statutory grounds.
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28 October 1988 |
Landlord and Tenant - Rent Restriction Act - Conditions for the application of the provisions of the Rent Restriction Act. Landlord and Tenant - Landlord-tenant relationship - Tenant requests landlord to occupy premises for a specified period - Conduct of landlord throughout consistent with the existence of tenancy relationship - Whether landlord-tenant relationship created. Landlord and Tenant - Notice to vacate premises - Premises within rent restriction area - Protection offered to tenant - Rent Restriction Act. Landlord and Tenant - Statutory tenancy - Landlord allows party to occupy premises for a specified period - No expressed tenancy agreement - Party retains possession after expiry of the specified period - Statutory tenancy created - Rights of statutory tenant. |
28 October 1988 |
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Unexplained recent possession and uncorroborated excuses warranted upholding conviction for cattle theft and the five-year sentence.
Criminal law – Theft of livestock – Identification and recent possession – Credibility of witnesses – Uncorroborated post hoc explanations – Sentence upheld.
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28 October 1988 |
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Concurrent factual findings upheld; appellate court erred substituting a more serious conviction and harsher sentence.
Criminal law – identification and recovery of stolen property – concurrence of lower courts’ findings in second appeal – appellate interference only for perversity; Criminal procedure – appeal court cannot substitute conviction for a more serious offence than charged at trial.
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28 October 1988 |
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A trial conducted in the appellant’s absence without dispensation renders the proceedings, conviction and sentence null and void.
Criminal procedure – right of accused to be present at trial – trial in absence without dispensation vitiates proceedings; substitution/appearance of an employee for the accused; conviction and sentence quashed; prosecution may retry.
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28 October 1988 |
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Appellant’s unsupported contrary claim failed; credible boundary evidence established trespass and appeal dismissed with costs.
Land dispute – trespass – identification of disputed parcel and boundaries by inspection and witness testimony – credibility of witnesses – failure of appellant to call corroborative witnesses – lower courts’ findings upheld.
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27 October 1988 |
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Long, continuous ancestral possession (about 21 years) gives rise to a right to land; appeal dismissed with costs.
Land law – possession and title – continuous undisturbed occupation by a person and ancestors for 21 years confers a right to land; evidentiary burden and credibility of witnesses; appellate deference to trial court factual findings.
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27 October 1988 |
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Pleading must state basis of interest claimed; omission curable by amendment under Order VII Rule 11; ensure service of defences.
Pleadings — failure to disclose cause of action — interest claim must state basis or calculation; Order VII Rule 11 (amendment) — curative amendments; Service of written statement of defence and counter-claim — requirement before default judgment on counter-claim.
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27 October 1988 |
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Challenges to a will's genuineness, appellate restraint on disturbing credibility findings, and compensation (not title) for house improvements.
Probate — Will validity — Requirement that at least half of customary-law witnesses be relatives of testator as safeguard against fraud; suspicious execution circumstances and prior wills. Civil procedure — Appellate review — Trial court findings on credibility and possession will not be disturbed absent perverse or unsupported conclusions or a failure of justice. Property — Possession and improvements — Occupation and improvements do not confer title to land; remedy limited to compensation.
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27 October 1988 |
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Employer disciplinary sanction does not bar criminal prosecution; evidence of shortages and admission supports theft convictions.
Criminal law – Theft by employee – Inventory shortages and failure to account establish theft; employer disciplinary action (dismissal) does not bar criminal prosecution; Minimum Sentences Act 1972 – minimum custodial sentences and compensation upheld.
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26 October 1988 |
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Appellant's convictions for assault and alleging witchcraft upheld; procedural defect cured under s.383 CPA, appeal dismissed.
Criminal law; Assault causing actual bodily harm – proof by eyewitness and medical evidence; Witchcraft Ordinance – naming/indicating as a witch; Sentence review – not excessive; Procedural irregularity in judgment delivery – cured under s.383 Criminal Procedure Act; Appeal dismissed.
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26 October 1988 |
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Appellants’ convictions for misappropriating company funds and eight-year sentences were upheld.
Criminal law – theft/embezzlement of employer funds – documentary chits as proof of fictitious payments – voluntariness and corroboration of caution/confession statements – sentence review under Minimum Sentences Act.
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26 October 1988 |
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Identification established but medical evidence insufficient to prove grievous harm; conviction reduced to actual bodily harm.
Criminal law – identification evidence – identification in broad daylight of a known person; Medical evidence – inconsistency in reports as to fractures – whether injuries amount to grievous harm; Appellate powers – substitution of conviction and reduction of sentence to time served where essential element of offence is in doubt.
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26 October 1988 |
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Threats to confiscate livestock amounted to menaces; convictions and refund order upheld and appeal dismissed.
Criminal law – Offence of demanding money with menaces with intent to steal (s.292 Penal Code) – Threat to confiscate property constitutes 'menaces'. Second appeal – limited to questions of law where appellants admit material facts. Indictment form – separate acts on separate occasions constitute separate offences; failure to prefer multiple counts not necessarily fatal absent miscarriage of justice. Village council resolution defence – factual issue properly rejected by lower courts.
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26 October 1988 |
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Conviction for theft upheld; five-year mandatory sentence reduced to three years and compensation order set aside because loss was recovered.
Criminal law — Theft — Credibility of accused’s denials — Conviction upheld; Sentencing — Minimum Sentences Act 1972 — Mandatory sentence misapplied where value stolen below threshold — Sentence reduced; Compensation — Order set aside where property/value recovered.
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26 October 1988 |
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An appeal contesting land ownership and alleged procedural defects failed where evidence supported the respondent’s purchase of the shamba.
Land dispute — ownership of shamba — burden of proof of title — credibility of witnesses and contradictions in appellant’s evidence — procedural irregularity alleged (missing recordings/file handling) — allegations of magistrate misconduct not substantiated — appeal dismissed.
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25 October 1988 |
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An outstanding Notice to Prohibited Immigrant cannot be stayed by injunction where the court cannot assess its basis and it remains in force despite a visa.
Immigration law; interlocutory relief — temporary injunction to restrain expulsion; Notice to Prohibited Immigrant — distinction between a fresh notice and a letter referring to a prior notice; effect of an outstanding prohibition notice on re-entry despite a visa; jurisdiction and practicality of staying an existing prohibition without knowledge of its basis.
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25 October 1988 |
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22 October 1988 |
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Conviction for injuring animals upheld on corroborated evidence; one-year prison sentence set aside as excessive and replaced.
Criminal law – Offence of injuring animals (s.325 Penal Code) – Sufficiency of evidence – Eyewitness (cattle herder) testimony corroborated by physical evidence (blood in fields, knife at accused's house). Criminal procedure – Appeal against conviction – credibility and corroboration of witness evidence. Sentencing – Custodial sentence excessive – elderly first offender – substitution with non-custodial measure and compensation.
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22 October 1988 |
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Familial ties alone cannot prove theft; recent possession can sustain a theft conviction.
Criminal law – shop breaking and stealing; receiving stolen property – sufficiency of evidence; recent possession doctrine; limits of inferential reasoning from familial relationship.
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21 October 1988 |
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Application to restore an appeal granted where non‑appearance was excused by attendance at the deceased applicant’s funeral.
Civil procedure – restoration of appeal struck off for non‑appearance – sufficient cause where personal representative attended funeral – application by personal representative; no order as to costs.
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21 October 1988 |
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21 October 1988 |
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The appellant’s acceptance of part-payment affirmed the original sale and rendered the later purported sale unenforceable; appeal dismissed.
Civil procedure – counterclaim requirement – court should not grant vacant possession where respondent did not counterclaim; error may be harmless if no prejudice. Civil procedure – joinder of third party – irregular joinder that does not occasion failure of justice may be tolerated in interest of final determination. Contract law – rescission v enforcement – seller’s acceptance of part-payment and steps to enforce constitute election to uphold contract, barring later rescission. Property transfer – subsequent sale invalid where prior valid sale subsists; transactions tainted by illegality (under-declared price, false signature, minor vendee) are unenforceable.
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21 October 1988 |
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20 October 1988 |
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High Court stayed its proceedings because the lower court matter remained pending despite an ex parte judgment, invoking section 8 CPC.
Civil procedure – res judicata (s.9 CPC) vs. pending suit (s.8 CPC) – ex parte judgment with pending application to set aside – stay of proceedings in superior court pending determination of lower court matter – abuse of process and knowledge of prior proceedings.
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20 October 1988 |
Customary Law - Tort - Claim for damages for loss of anticipated bridewealth due to daughter’s pregnancy. Customary Law - Tort - Claim for compensation for expenses incurred on girl’s education. Customary Law - Tort - Assessment of damages or compensation. Tort - Customary law tort - Claim for damages for loss of anticipated bridewealth due to daughter's pregnancy. Tort - Customary law tort - Damages - Claim for damages for expenses incurred on girl's education. Tort - Customary law tort - Damages - Assessment of. |
20 October 1988 |
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Reported
Parent entitled to compensation for daughter's out‑of‑wedlock pregnancy; education expenses are not recoverable.
Customary law — compensation for loss of anticipated bridewealth when an unmarried daughter is made pregnant; parental education expenses not recoverable; assessment of quantum guided by local customary bridewealth, evidence and court assessors.
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20 October 1988 |
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19 October 1988 |
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Accused killed her child but was found legally insane at the time and thus not guilty of murder.
Criminal law – Insanity defence – Special finding under s.219 Criminal Procedure Act – Psychiatric examination and report – Causation: death by strangulation; body disposed in well.
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19 October 1988 |
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Failure to allow the applicant to challenge evidence at the primary probate hearing caused a failure of justice and quashed the proceedings.
Probate/administration of estates – appointment of administrator – fitness to administer vs. relationship to deceased; Civil procedure – right to be heard – opportunity to challenge and cross‑examine witnesses at Primary Court – procedural irregularity and failure of justice; Remedy – quashing of Primary Court proceedings and remittal for fresh hearing; Costs – no order, parties to bear own costs.
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18 October 1988 |
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Denial of bail under S.148(5) C.P.A. requires the prosecution to prove antecedent facts (medical or certified records) before refusal.
Criminal procedure – Bail – S.148(5) C.P.A. – Denial of bail based on antecedent conditions requires prosecution to prove those facts (e.g., medical report for grievous harm; certified records for prior sentences).
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18 October 1988 |
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18 October 1988 |
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Reported
Undated and unsigned judgment is a curable irregularity; conviction upheld and sentence varied to three years.
Criminal procedure — omission to date/sign judgment — section 312(1) CPA — curable irregularity under section 388(1) CPA; sufficiency of record to decide appeal on merits; late alibi and statutory notice (s.194(4)(b) CPA); right to call defence witnesses; misapplication of Minimum Sentences Act 1972 to non-scheduled offence (theft by agent s.273(b) Penal Code).
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17 October 1988 |
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Unsigned/undated judgment is curable if reasons and findings are on record; conviction upheld, sentence reduced to three years.
Criminal procedure – requirements for a valid judgment (s.312(1) CPA) – omission to date and sign – curable irregularity under s.388 CPA where record contains summary, decision and reasons; late alibi – s.194(4)(b) – may be disregarded; improper application of Minimum Sentences Act where offence not scheduled; sentence varied.
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17 October 1988 |
Land law - Land within jurisdiction of village government - Power of village chairman to re-allocate land. Civil Practice and Procedure - Parties to suit - Claim for land within jurisdiction of village government - Land allocated by village chairman - Village chairman sued - Whether village chairman or allocatee to be sued. Civil Practice and Procedure - Plea of res judicata - Former proceedings quashed for lack of jurisdiction. Civil Procedure - Plea of res judicata - Appellant not a party in former proceedings - Whether plea of res judicata maintainable. |
17 October 1988 |
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After an assault, a later, unconnected taking of property constituted theft, not robbery; conviction and sentence altered.
Criminal law – robbery vs. theft – requirement that taking be in execution of force or immediately connected with violence – where force is used for a purpose independent of the taking, offence is theft not robbery – appellate substitution of conviction and sentence.
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17 October 1988 |
Criminal Practice and Procedure - Judgment - Neither dated nor signed - Whether trial a nullity. Criminal Practice and Procedure - Sentencing - Stealing by agent - Property stolen does not belong to a specified authority - Accused admitted previous conviction - Accused sentenced to minimum sentence under Minimum Sentences Act - Non-scheduled offence - Sentence improper. |
17 October 1988 |
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A plea of guilty that is unequivocal precludes appeal against conviction; primary court procedure and sentence upheld.
Criminal law – Plea of guilty – Requirement that plea be unequivocal – Procedure under section 28 Primary Court Criminal Procedure Code – Appealability – No appeal against conviction on guilty plea (section 20(2) Magistrates' Courts Act) – Sentence proper.
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17 October 1988 |
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Reported
Village government cannot re-allocate land already possessed and developed by another villager without that villager's consent.
Local government law – village government powers – allocation of land – cannot re-allocate land under another villager’s possession and development without prior consent. Civil procedure – proper defendant – authority issuing allocation may be sued for allocations made under its authority. Res judicata – prior proceedings quashed and non-party status preclude plea of res judicata. Evidence – possession, permanent trees and witness testimony sufficient to support title/possession findings.
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17 October 1988 |