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Citation
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Judgment date
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| February 1988 |
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Conviction of the applicant for robbery quashed as prosecution failed to prove guilt beyond reasonable doubt.
Criminal law – Robbery with violence – sufficiency of evidence; identification and witness credibility; failure to consider defence evidence; appellate quashing of unsafe conviction.
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29 February 1988 |
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Court upheld convictions for attempted unlawful export and corrupt transaction; accomplice liability and sentences affirmed.
Exchange control / export offences – attempted unlawful export – parking of vehicles and preparatory acts as overt act under section 380 Penal Code. Corruption – corrupt transaction – inducement/bribe accepted by police officer as evidence. Criminal liability – principals’ liability for those who hire/transport goods intended for unlawful export even if not arrested at interception point. Evidence – credibility of eye-witness police evidence corroborated by documentary proof. Sentencing – concurrent sentences and forfeiture not manifestly excessive.
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29 February 1988 |
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An employer who fails to record an employment contract cannot rely on that failure to defeat an employee’s wage claim.
Employment law – contract of service – existence of contract where employee worked as conductor and owner admitted ownership of bus. Employment Ordinance – duty of employer to keep records of contracts; employee’s statement admissible where employer fails to produce records (s.35/subsection 5). Employer cannot benefit from deliberate failure to record contract. Procedural – service of hearing valid despite refusal to accept notice.
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27 February 1988 |
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No sufficient evidence of sale; village committee lacked authority to dispossess respondent; appeal dismissed with costs.
Property law – sale of land – whether sale of 'shamba' includes earth and standing crops unless contract states otherwise; burden of proof for proving sale. Evidence – need for independent or cogent evidence to prove conveyance of land; admissions by purchaser insufficient alone. Customary/village authority – limits of village committee powers to allocate or dispossess land.
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26 February 1988 |
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26 February 1988 |
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Dangerous driving conviction and three-year disqualification upheld; erroneous admission of a statement deemed harmless.
Road Traffic Act – causing death by dangerous driving – proof of recklessness and dangerous driving by physical evidence and scene measurements. Evidence Act – improper admission of hearsay statement under s.34(a) but harmless where not relied upon. Sentencing – sentence within statutory range and mandatory disqualification under s.27(1).
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25 February 1988 |
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Appellant proved title by documentary and circumstantial evidence; respondent had notice and land restored to appellant.
Property — ownership — sale and transfer — circumstantial and documentary evidence sufficient to prove purchase for another; bona fide purchaser — notice defeats acquisition of good title; judicial bias — appellate magistrate should have recused where known close friendship with a party; procedural — compensation claims must be specifically proved; customary land tribunal jurisdiction not attracted where absolute sale (not customary lease) occurred.
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25 February 1988 |
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Recent possession and corroborated sale evidence proved the accused guilty of stealing ten cattle despite an alleged coerced confession.
Criminal law – Cattle theft – Proof that purchaser’s possession of a stolen animal and corroborated evidence of sale sustain conviction. Credibility – Assessment of purchaser versus accused’s denial and alibi. Confession – Unreliable if corroborating witness unavailable; caution required. Recent possession doctrine – Application where stolen property is traced to accused via purchaser.
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24 February 1988 |
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Convictions for robbery with violence upheld; nine-year subordinate court sentences unlawful and reduced to eight years.
Criminal law – robbery with violence – convictions upheld where eyewitness identification and recovered property corroborate prosecution case. Sentencing – subordinate courts’ jurisdiction limited by s.170(1)(a) Criminal Procedure Act, 1985 – nine-year sentence unlawful; substituted with eight years. Appeal – convictions affirmed; illegal sentences corrected by substitution.
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23 February 1988 |
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Conviction quashed where evidence failed to connect guards to theft and reasonable doubt existed due to possible third‑party entry.
Criminal law – theft – sufficiency of evidence – opportunity alone insufficient to convict – reasonable doubt where signs of third‑party entry and prosecution does not support conviction – appellate quashing of conviction.
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23 February 1988 |
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A prima facie case alone does not justify an interlocutory injunction; balance of convenience and compensability govern.
Temporary injunctions – interlocutory relief – requirements: prima facie case, probability of success, irreparable injury; balance of convenience and status quo; competing right of occupancy and effect of respondent’s title and development – damages as adequate remedy.
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23 February 1988 |
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Acquittal where night-time identification was unreliable and prosecution failed to prove guilt beyond reasonable doubt.
Criminal law – identification evidence – reliability of night-time visual identification; burden of proof – whether prosecution established guilt beyond reasonable doubt; circumstantial/motive evidence insufficient to cure defective identification.
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23 February 1988 |
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Court upheld voluntary confessions, rejected provocation and duress defences, convicted all; first accused sentenced to death.
Criminal law – admissibility of confessions – voluntariness and trial‑within‑trial on confessions. Criminal law – retracted confession – caution required; conviction possible if confession corroborated by material facts. Criminal law – provocation – requirement of sudden provocation to reduce murder to manslaughter. Criminal law – compulsion/duress – availability as defence and reasonableness to evade compulsion. Evidence – confession of co‑accused (s.33(2)) – cannot alone found conviction but may corroborate where multiple voluntary confessions and other facts support truth.
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23 February 1988 |
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Appellate court affirms that documentary evidence established respondent's pre-death ownership; appeal dismissed with costs.
Property ownership — dispute between estate administrator and alleged purchaser; admissibility and sufficiency of documentary evidence; trial court's fact-finding and scrutiny of documents; transfer of title as formalism versus actual ownership.
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23 February 1988 |
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Lay handwriting identification and circumstantial evidence upheld convictions despite no handwriting expert or customer witnesses.
Criminal law – proof beyond reasonable doubt; handwriting identification by lay witness; admissibility and sufficiency without handwriting expert; circumstantial evidence against public servant for embezzlement; failure to call alleged victims.
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22 February 1988 |
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Appeal dismissed where victims' recognition in moonlight and familiarity with the accused made identification reliable.
Criminal law – robbery with violence – identification evidence – recognition by familiar witnesses in moonlight – reliability of identification despite assailants being armed and victims ordered to lie down – appeal dismissed.
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22 February 1988 |
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Whether identification and recovered exhibits proved the appellants' guilt for armed robbery beyond reasonable doubt.
Criminal law – Armed robbery – Identification evidence and identification of recovered exhibits – Sufficiency of evidence to prove identity beyond reasonable doubt; Joint participation and inference from conduct and recovered property.
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22 February 1988 |
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Appellant liable for destroying respondent's cultivated sunflowers; compensation fixed at shs.10,000/= and appeal dismissed.
Land law – dispute over ownership and occupation of parcel at village border – effective occupation and rights over cultivated land Tort/delict – unlawful entry and destruction of crops – liability for damage and assessment of compensation Customary/village authority – limits on village allocation of land already occupied or developed Civil procedure – failure of trial court to view locus in quo; appellate court inspection and remedial options
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22 February 1988 |
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Primary Courts must require adequate proof of ownership before upholding attachments; inadequate findings attract appellate reversal.
Civil procedure – Attachment of goods – Objections by non‑parties – Burden of proof and proof of ownership required before upholding attachment; Primary Courts must diligently elicit evidence. Appeal/review – District Court review of Primary Court findings – High Court concurrence when ownership not proven.
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20 February 1988 |
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Court held disputed heirship must be judicially determined; rightful heir entitled to whole residential land under customary law.
Customary succession – determination of rightful heir where installation disputed – evidential assessment of clansmen testimony – residential land vests in heir and is not divisible – misapplication of guardianship rules to inheritance.
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19 February 1988 |
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Whether massive, conspiratorial theft by bank employees justified consecutive sentences rather than concurrent terms.
Criminal law – Theft and conspiracy – Distinction between simple theft (s265) and stealing by a public servant (s270); conviction only on charged offence. Sentencing – offences in same transaction generally attract concurrent sentences unless exceptional circumstances; large-scale theft of foreign currency from a bank can justify consecutive sentences. Restitution – immediate refund order upheld.
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19 February 1988 |
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Conviction quashed where prosecution failed to call central witness and record did not support guilt.
Criminal law – theft by public officer; burden to prove theft at relevant time – failure to call central prosecution witness (recipient of refund) creates irreparable lacuna – unsafe conviction quashed.
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19 February 1988 |
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Appeal allowed where prosecution failed to prove beyond reasonable doubt that public servants inserted fictitious names and stole funds.
Criminal law – Theft by persons in public service – Sufficiency of proof – Whether convictions can stand on inference where lists were prepared by third parties and payments not shown to benefit accused. Evidence – Circumstantial and documentary evidence – Requirement that prosecution eliminate reasonable hypotheses of innocence. Procedure – Evaluation of defence explanations and adequacy of record-keeping and identity-card controls.
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19 February 1988 |
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Appeal allowed where lower court decided an interlocutory re‑entry application without hearing the parties; matter remitted for hearing.
Civil procedure – interlocutory applications – Order 37 – maintainability of application to re‑occupy land; Preliminary objection – requirement to rule first and give parties opportunity to reply; Failure to hear parties – procedural irregularity constituting failure of justice; Remittal for proper hearing.
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18 February 1988 |
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Court accepted eyewitness and medical evidence, rejected self‑defence/mistake, convicted accused of two murders and sentenced him to death.
Criminal law – murder – identification and credibility of eyewitness evidence – weight of post‑mortem injuries versus accused's version of accidental or defensive conduct. Criminal responsibility – psychiatric examination and report confirming sanity. Criminal procedure – continuation of trial after transfer of presiding magistrate under section 299(1). Defences – rejection of self‑defence and mistake of fact where injuries inconsistent with accidental infliction.
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18 February 1988 |
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18 February 1988 |
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16 February 1988 |
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Court allowed amendment, held Republic need not be applicant for certiorari, and refused to join the tribunal as respondent.
Judicial review – prerogative orders (certiorari) – procedure and parties – chamber summons amendment; applicability of pre-independence "Crown" authorities; joinder of inferior tribunal as respondent – burden on respondent to show tribunal's jurisdiction.
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16 February 1988 |
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Primary Court exceeded its powers; shamba belonged to the respondent; appeal dismissed with costs.
Land law — Possession and ownership — Effect of Village Land Allocation Committee allocations on pre-existing possession; Primary Court jurisdiction — limits on remedies and power to partition land; evidentiary weight of donor and witness testimony in proving prior ownership/possession.
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16 February 1988 |
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Adulterous cohabitee cannot claim spousal maintenance; father liable for illegitimate children’s maintenance; custody to mother.
Family law – Maintenance – Spousal maintenance – Adulterous/concubinous unions not protected by the Marriage Act; no spousal maintenance entitlement. Family law – Illegitimate children – Custody remains with mother; father’s statutory duty to maintain under Law of Persons s.181C. Family law – Legitimization (s.181B) unavailable where father lacks capacity to marry. Remedy – Lump-sum maintenance award and costs of appeal.
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16 February 1988 |
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Where prosecution and defence evidence are equally balanced, accused acquitted of murder but convicted of manslaughter and given six years.
Criminal law — Homicide — Distinguishing murder and manslaughter — Credibility of conflicting testimony — Equal weight of prosecution and defence evidence raises reasonable doubt on malice aforethought.
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16 February 1988 |
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Conviction for receiving stolen property upheld; illegal three‑year sentence set aside and substituted with mandatory five‑year term.
Criminal law – Receiving stolen property – Evidence and credibility – Finding of knowledge or reasonable grounds to believe property was stolen; Sentence – Minimum Sentences Act 1972 – mandatory minimum custodial sentence – appellate variation of illegal/insufficient term.
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15 February 1988 |
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Personation conviction upheld; related false‑pretence convictions quashed and an illegal five‑year sentence reduced to two years.
Criminal law — Personation of public officer — Representation as security officer inducing municipal official to issue permits — conviction upheld. Criminal law — Obtaining execution of security by false pretences — where appellant paid cash and no one was defrauded, convictions quashed. Sentencing — Illegal/excessive sentence — where no specific punishment provided, general Penal Code provision limits imprisonment to two years; substitution of lawful sentence.
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15 February 1988 |
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Whether additional evidence taken without the applicant present may be admitted and affect sentence under the Minimum Sentences regime.
Criminal law – Theft – Conviction upheld where eyewitness and purchase evidence was credible and overwhelming; Criminal procedure – Section 369(1)–(2) CPA – Additional evidence must be taken in presence of accused or advocate unless High Court directs otherwise; failure to summon accused is fatal; Sentencing – Minimum Sentences regime – application depends on admissible evidence (e.g., property held as police exhibits equating to government ownership).
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15 February 1988 |
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Whether additional appellate evidence may overturn a trial finding of customary land ownership without clan-witnessed sanction.
Customary land law – validity of land transaction – requirement that exchanges of land be witnessed and sanctioned by clan members. Civil procedure – admission of additional evidence on appeal – limits on using appellate evidence to prop up a weak case or introduce fresh facts. Appellate review – interference with primary findings where assessors’ opinion and evidence support trial court decision.
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15 February 1988 |
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Appeal against common assault conviction dismissed as frivolous where evidence and sentence were properly supported.
Criminal law – Common assault – Sufficiency of evidence – Credibility of complainant and witnesses – Defence of provocation. Sentencing – Fine of Shs. 2,500 found reasonable. Appeals – Frivolous appeal dismissed.
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12 February 1988 |
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Appellant's conviction for receiving stolen goods upheld; sentence reduced from eight to five years for mitigation.
Criminal law – Receiving stolen property (s.311(1) Penal Code) – knowledge or having reason to believe property stolen – circumstantial evidence (quantity, timing, manner of delivery, failure to call witnesses) – sentencing discretion – mitigation for first offender and advanced age.
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12 February 1988 |
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Malicious prosecution claim dismissed: prior suit was against a namesake and was not malicious as the defendant succeeded.
Civil wrongs — Malicious prosecution — Identity of party — Requirement that the wrongful prosecution be directed at the plaintiff and that the prior action lacked reasonable cause or was unsuccessful. Evidence — Proof of identity and participation in prior proceedings. Costs — Dismissal of suit filed without sufficient grounds.
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11 February 1988 |
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11 February 1988 |
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Court held s.383 applies to D.P.P. appeals; appeal under s.359 struck off register for want of prosecution.
Criminal procedure – non‑attendance – applicability of s.383 to appeals – s.383 governs D.P.P. appeals under s.378, not private appeals under s.359. Appeals – scope of s.359(1) – procedure for non‑appearance not provided by statute. Inherent jurisdiction – striking off appeals for want of prosecution where appellant disinterested or has completed sentence.
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11 February 1988 |
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Conviction for housebreaking and stealing upheld; seven-year sentence reduced to statutory five-year minimum and ordered concurrent with one year.
Criminal law – housebreaking and stealing – recent possession doctrine – appellate review of credibility findings; Sentencing – Minimum Sentences Act – requirement to state reasons for departing from statutory minimum – reduction of excessive sentence.
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10 February 1988 |
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10 February 1988 |
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An audit based on sampled weights and assumptions cannot prove theft beyond reasonable doubt; conviction quashed.
Criminal law – theft by servant – evidential sufficiency – audit based on sampling and assumed uniform bag weights – absence of proper stock-taking – conviction founded on speculation and quashed.
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10 February 1988 |
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Conviction quashed where transfer forms and absence of repair evidence showed sale, not legitimate repairs.
Criminal law – conviction for alleged unlawful sale of motor vehicle – evidentiary value of transfer forms signed by complainant – absence of evidence of forgery – handing over registration card and absence of repair job card – appellate intervention where conviction unsafe.
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10 February 1988 |
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Insufficient evidence linking the accused to fatal brain injury; no case to answer and acquittal granted.
Criminal law – sufficiency of evidence to establish causation for murder; no case to answer submission; possible alternate causes (epilepsy, accidental fall); self-defence where deceased initiated assault.
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9 February 1988 |
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Under Islamic law a husband may marry a second wife without the first wife’s consent; insufficient evidence defeated divorce and property claims.
Family law – Divorce – Proof of matrimonial misconduct – Need for corroborative evidence and witnesses. Family law – Polygamy under Islamic law – Husband permitted to take a second wife without first wife’s consent. Civil procedure – Appellate review – Deference to trial assessors’ unanimous factual findings when appellant produces no supporting evidence.
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9 February 1988 |
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Possession of society-marked paddy and eyewitness evidence uphold theft conviction despite no proof of breaking.
Criminal law – theft/stealing – possession of stolen property – marked goods found in accused's possession and eyewitness identification as proof of guilt. Criminal law – storebreaking – absence of proof of breaking does not necessarily invalidate a stealing conviction where other evidence proves the offence. Sentencing – custodial sentence – minimum prescribed term upheld.
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8 February 1988 |
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Convictions quashed where prosecution failed to prove involvement in forgery and fraudulent procurement beyond reasonable doubt.
Criminal law – sufficiency of evidence – proof beyond reasonable doubt – whether inconsistent witness testimony and absence of evidence of knowledge or participation in forgery warrants quashing convictions; storekeeper's negligence versus criminal participation in forgery and fraudulent procurement.
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4 February 1988 |
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Appellant failed to prove valid land purchase; respondent lawfully removed trespassing trees; appeal dismissed with costs.
Land dispute – ownership and validity of sale – credibility of vendor and purchaser evidence – fraudulent sale alleged – tree-passer – entitlement to uproot trees; remedy limited to refund and expenses.
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4 February 1988 |
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Appellants' convictions for unlawful entry, theft and demanding money with menaces affirmed on cogent identification and witness evidence.
Criminal law – entering dwelling with intent to commit an offence; theft; demanding money with menaces. Evidence – identification parade and witness credibility; admissions and recovery of property. Police misconduct allegations – officers accused of abusing office in searches and extortion. Sentencing – confirmation of a five-year custodial sentence required and granted.
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3 February 1988 |