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Citation
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Judgment date
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| December 1989 |
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Applicant’s appeal against robbery-with-violence conviction dismissed; on-the-night identification and possession of stolen watch upheld.
Criminal law – Robbery with violence – Identification evidence – Reliability of on-the-scene identification where witnesses knew accused – Possession of stolen property as corroboration – Appellate review of credibility findings.
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30 December 1989 |
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Possession of a recently stolen goat without satisfactory explanation sustained the appellant's theft conviction and five-year sentence.
* Criminal law – Theft – Possession of recently stolen property – Burden to give satisfactory explanation for possession.
* Evidence – Credibility findings – Trial court entitled to reject defence where explanations are fabricated/inconsistent.
* Identification – Positive identification of stolen animal as exhibit supports conviction.
* Appeal – Appellate court will not disturb trial court’s factual findings absent clear misdirection.
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30 December 1989 |
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Conviction for theft quashed where key witness was not called and remaining evidence failed to prove guilt beyond reasonable doubt.
Criminal law – Theft – Prosecution must call crucial witnesses – Failure to call houseboy who allegedly handed stolen items undermined the case; conduct at arrest and alleged confession insufficient to prove guilt beyond reasonable doubt.
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29 December 1989 |
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Conviction based on weak identification and mere suspicion was quashed for lack of conclusive evidence.
Criminal law — identification evidence — reliability of brief street encounters — circumstantial evidence — conviction unsafe where suspicion, not conclusive proof, is relied upon.
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29 December 1989 |
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Whether the accused's shooting was justified self‑defence where prosecution evidence was conflicting and force arguably reasonable.
Criminal law – murder v self‑defence – contradictions in prosecution evidence – proof beyond reasonable doubt – assessment of reasonable/ excessive force – application of precedent on excessive force (manslaughter substitution).
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29 December 1989 |
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Carrier failed to prove reasonable custody; insurer’s compensation limited recovery to consequential losses (profit and clearing charges).
* Civil — Carrier liability — Duty to exercise reasonable care in custody and delivery of goods; burden on carrier to prove due care. * Evidence — Necessity of contemporaneous delivery receipts or acknowledgements. * Insurance — Insurer’s payment of market value prevents double recovery; claimant limited to consequential losses. * Damages — Assessment of speculative anticipated profit and award of clearing charges.
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28 December 1989 |
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Robbery convictions upheld on sound identification and recovered property; rape convictions quashed as uncharged offences.
* Criminal law – Robbery with violence – identification evidence – prior acquaintance, adequate lighting and recovery of stolen property corroborate identification. * Criminal procedure – Conviction for uncharged offence – trial court may not convict where charge sheet was not amended and accused not heard. * Sentencing – Minimum Sentences Act – juveniles under 18 exempt from mandatory minimums.
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27 December 1989 |
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Whether identification by familiar witnesses in moonlight sufficiently proved robbery on appeal.
Criminal law – Robbery – Identification evidence based on familiarity and moonlight – Assessment of witness credibility on appeal – Procedural error in appellate record including acquitted accused.
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27 December 1989 |
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Appeal allowed and convictions quashed where defence evidence raised reasonable doubt and prosecution conceded insufficiency.
Criminal law – Appeal against conviction – Evaluation of prosecution vs defence evidence – Reasonable doubt – Convictions quashed where State concedes insufficiency of evidence.
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27 December 1989 |
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Failure to pay a single instalment, where parties agreed an extension and substantial payments were made, did not justify rescission.
* Contract — Sale by instalments — Whether non-payment of one instalment constitutes fundamental breach permitting rescission.
* Contract — Divisibility and instalment contracts — failure of single instalment does not automatically discharge contract.
* Contract — Repudiation — effect of parties' subsequent agreement and substantial part-payment on availability of rescission.
* Evidence — factual finding of agreed extension of time prevents rescission.
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27 December 1989 |
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Purchase and surrendered permit corroborated sale of stolen cow, supporting conviction and upholding five-year sentence.
* Criminal law – Theft of cattle – Identification by brand marks – Sale at market as proof of possession and disposal; purchaser's testimony and surrendered permit corroborating prosecution case – Appeal against conviction and sentence.
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22 December 1989 |
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Appellant failed to prove shs.32,000 was her separate lottery winnings; magistrate’s joint-earning finding and division of funds upheld.
Family law — Division of matrimonial/business assets — Burden to prove separate source of funds — Trial court’s factual findings on source and division of assets entitled to deference on appeal where supported by evidence.
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22 December 1989 |
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A widow’s refusal to be inherited prevents recovery of dowry; appellant’s claim for mahari return is dismissed.
Customary law – dowry (mahari) – levirate (inheritance) – where widow refuses to be inherited dowry is non‑refundable; interpretation and application of G.N. 279 of 1963 s.66(2); Primary Court ex parte order set aside on appeal.
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22 December 1989 |
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Prior final title determinations precluded respondents' bona fide claim; appellate court erred in overturning the Primary Court.
Criminal law – disobedience of court order; criminal trespass – bona fide claim of right; res judicata/finality of earlier title determinations; appellate review of additional evidence.
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22 December 1989 |
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Circumstantial and inconclusive forensic evidence failed to prove the accused guilty beyond reasonable doubt, leading to acquittal.
Criminal law – Murder – Circumstantial evidence – Whether circumstantial facts (last-seen evidence, possession of victims’ belongings, recovered clothing and bones) establish death and link accused to offence beyond reasonable doubt – Forensic evidence inconclusive – Conviction cannot rest where reasonable hypotheses of innocence remain.
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22 December 1989 |
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Convictions quashed where hostile witnesses and lack of proper identification made prosecution speculative.
Criminal law – Evidence – Hostile witnesses and reliability of their prior statements – Identification of stolen property – Need for registration number or distinctive marks – Circumstantial inference from alleged concealment of residence.
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21 December 1989 |
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Appeal allowed: incorrect charge and lack of referral for economic offence, plus ownership certificates, rendered conviction unsafe; conviction quashed.
* Wildlife conservation law – charges framed under repealed provisions – curable error versus miscarriage of justice.
* Jurisdiction – designation of possession of government trophies as an economic offence – requirement of referral to Economic Crimes Court.
* Evidence – production of certificates of ownership negating unlawful possession – conviction unsafe.
* Criminal procedure – conviction quashed and sentence set aside where jurisdictional defect and evidential matters render trial unfair.
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20 December 1989 |
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An allegedly coerced confession is inadmissible and a retracted confession needs corroboration before supporting conviction.
* Evidence – Confession – Allegation of coercion by village authorities – Admissibility under s.29 Evidence Act. * Evidence – Retracted confession – Requirement of corroboration. * Prosecution duty – Failure to call witnesses who obtained confession undermines reliability.
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20 December 1989 |
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Conviction based on a retracted confession without a trial-within-a-trial and insufficient corroboration was quashed.
* Criminal law – Confession – Admissibility – Trial-within-a-trial required to determine voluntariness where confession is retracted.
* Evidence – Retracted confession requires independent corroboration before it can support conviction.
* Identification and circumstantial evidence – Vague descriptions and unexplained but non-conclusive conduct insufficient to prove guilt beyond reasonable doubt.
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20 December 1989 |
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A subordinate court lacked jurisdiction to try an economic offence absent the statutory certificate of transfer; convictions quashed.
* Criminal law – Economic and Organized Crime Control Act – jurisdiction over economic offences – requirement of certificate of transfer under s.12(3). * Procedural law – consent by State Attorney-in-charge under s.26 does not substitute for statutory certificate of transfer. * Effect – trial without statutory transfer is a nullity; convictions and sentences quashed.
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19 December 1989 |
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Appellate court quashed cattle-theft conviction where prosecution evidence and trial magistrate's handling of alibi and corroboration were unreliable.
Criminal law – theft of cattle – sufficiency of circumstantial evidence and possession to prove theft beyond reasonable doubt; alibi – requirement for corroboration and the proper allocation of burden; misdirection by trial court on opportunity and proof; appeal – quashing of conviction where connection between accused and stolen property is unreliable.
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19 December 1989 |
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Theft conviction and five-year sentence upheld; escape conviction and one-year sentence quashed for lack of lawful summary sentencing power.
* Criminal law – theft – sufficiency of circumstantial and eyewitness evidence – identity established by shoe marks, greasy shoes and conduct (poisoning of watchman).
* Sentencing – five-year term upheld given value of stolen property (150,000/=) and surrounding circumstances.
* Criminal procedure – summary conviction and sentencing by magistrate – no power to convict and sentence on the spot for ordinary offences without charge; section 114(2) Penal Code limited to contempt; arrest under s18 Criminal Procedure Act is proper procedure.
* Conviction for escaping lawful custody quashed for procedural illegality.
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19 December 1989 |
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Convictions for theft and possession affirmed based on recent possession, incriminating tools, and reliable identification evidence.
* Criminal law – theft and possession of stolen property – doctrine of recent possession – inference of joint participation from possession and incriminating tools.
* Criminal procedure – right to call and test witnesses – effect of alleged failure to provide opportunity to lead principal witnesses on safety of conviction.
* Sentencing – application and consideration of Minimum Sentences Act 1972 and proportionality in sentencing.
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19 December 1989 |
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Convictions for forgery and theft by a public servant upheld, but excessive forgery sentences reduced for lack of jurisdiction.
* Criminal law – Forgery – alteration of duplicate and quadruplicate receipts – fraudulent representation of different transaction amounts – s.333/337 Penal Code. * Criminal law – Fraudulent false accounting versus forgery – false entries in summary sheets constitute false accounting. * Evidence – admissions and handwriting identification – sufficiency to prove forgery. * Sentencing – sentencing magistrate’s jurisdictional limits – illegal sentence reduced. * Theft by public servant – conviction upheld where sums received and inference of theft inevitable.
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19 December 1989 |
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Bail pending appeal granted where delay, tampered serial numbers and weak identification undermine prosecution’s case.
Criminal procedure – bail pending appeal – good cause – recent possession doctrine undermined by long delay; identification evidence unreliable; tampered serial numbers; receiving stolen property requires proof of knowledge.
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18 December 1989 |
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18 December 1989 |
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Delayed complaint, inconsistent testimony and failure to preserve physical evidence defeated adultery claim; appeal dismissed with costs.
Adultery claim; evidentiary burden; credibility and inconsistent testimony; delay in complaint; failure to preserve physical evidence (amulet and walking-stick); appeal dismissed.
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16 December 1989 |
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15 December 1989 |
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Appellant lacked cause of action over intestate estate; appeal dismissed and respondents awarded full costs.
Succession (intestate) – cause of action – locus standi to claim estate assets; vexatious litigation; fair hearing and failure to call witnesses; costs awarded to successful respondents.
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15 December 1989 |
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Suits over customary land must be commenced in the Primary Court; District Court proceedings without leave are void.
Civil procedure — Jurisdiction — Suits concerning immovable property held under customary law must be commenced in Primary Court unless High Court leave obtained; commencement in wrong court renders proceedings null and void — District Court proceedings quashed; fresh suit may be instituted in Primary Court.
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15 December 1989 |
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Conviction unsafe where unproved bad-character evidence and uncorroborated co-accused testimony were relied upon.
* Criminal law – conviction based on uncorroborated co-accused testimony – requirement for warning/corroboration (s33(2), Evidence Act).
* Evidence – bad character evidence – inadmissibility where prior misconduct is unproved (s56(1), Evidence Act).
* Sufficiency of evidence – conviction unsafe where no independent witness and reliance on improperly admitted evidence.
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15 December 1989 |
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A mother retains custody of a child born out of wedlock absent customary formalities or compelling child-welfare reasons to the contrary.
Custody — child born out of wedlock — absence of customary/formal recognition of paternity — mother retains custody; welfare of child paramount but displacement requires compelling reasons; appellate intervention where trial court deprived child of parental care.
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14 December 1989 |
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The defendant’s conduct implied contract renewal; the plaintiff awarded salary, unpaid remittances and repatriation costs.
Employment law – implied renewal by conduct and oral assurances; repudiation of contract by employer; entitlement to unpaid expatriate remittances; damages including salary and repatriation costs.
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14 December 1989 |
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Employer’s oral assurances and conduct created an implied contract renewal; employer liable for unpaid remittances, salary and repatriation costs.
* Employment law – oral assurances and conduct – implied renewal of contract by employer conduct and acceptance of work without formal signed contract.
* Breach of contract – premature termination/ non‑renewal where employee reasonably expects continuation.
* Expatriate remuneration – unpaid inducement allowance and remittances returned to sender remain employee’s entitlement.
* Remedies – award of unpaid salary/remittances, repatriation passage and costs.
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14 December 1989 |
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Court refused to grant letters of administration because appointment would not be in beneficiaries’ interests.
* Probate and administration – Petition for letters of administration – Court’s discretion to protect beneficiaries’ interests – Refusal to appoint administrator not in beneficiaries’ interest.
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14 December 1989 |
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Custody of a 13‑year‑old with the father was upheld; wife entitled to a 20% buy‑out share in the matrimonial house.
* Family law – Custody of child – Application of s.125(3) of the Marriage Act – presumption favouring mother for children under seven and its inapplicability to older children. * Matrimonial property – Non‑monetary (wifely) contributions – entitlement to a minimal share – valuation and buy‑out remedy. * Remedy – Government valuation and monetary payment to effect division of share.
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14 December 1989 |
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Appellate court upholds conviction where identification by familiar witnesses was reliable; appeal dismissed.
* Criminal law – Identification evidence – reliability and opportunity to observe – familiarity of accused to witnesses; * Evidence – Interested witnesses – no absolute rule of corroboration, caution required; * Trial review – appellate court upholds conviction where identification circumstances are favourable.
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13 December 1989 |
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Conviction for defilement upheld; six-year sentence illegal and reduced to five years imprisonment.
* Criminal law – Defilement – Evidence – Victim's testimony and PF3 medical report as corroboration – sufficiency to convict.
* Criminal procedure – Sentencing – Trial court powers under section 170(1)(2) – illegality of sentence exceeding statutory maximum for unscheduled offence.
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13 December 1989 |
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Conviction for defilement upheld; six-year sentence set aside and reduced to lawful five-year term due to sentencing jurisdiction limits.
* Criminal law – Defilement – Section 136(1) Penal Code – Proof of offence against young child – credibility of witnesses and sufficiency of evidence to establish guilt beyond reasonable doubt.
* Sentencing – Trial court's jurisdiction – Section 176(1) Criminal Procedure Act – limits on maximum sentence for unscheduled offence; appellate substitution of lawful sentence.
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13 December 1989 |
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Appeal dismissed: insufficient evidence and improperly admitted child testimony failed to prove offences.
* Criminal law – Malicious damage to property and occasioning actual bodily harm – Sufficiency of evidence required for conviction.
* Evidence – Child witness – Requirement for inquiry under s.127(2) Evidence Act to determine competency of witnesses under ten years.
* Appeal – Appellate review of acquittal where evidence is contradictory and lacks independent corroboration.
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13 December 1989 |
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Appellants' guilty plea and narrated facts failed to establish wilful unlawful damage; conviction, sentence and compensation were quashed.
* Criminal law – Malicious damage to property – Elements – wilfulness and unlawfulness (mens rea) must be proved from facts; mere causation (tree falling) insufficient. * Criminal procedure – guilty plea and narrated facts – plea is not a substitute for proof of criminal ingredients. * Evidence – res ipsa loquitur inapplicable to criminal offences; applies to negligence torts. * Compensation – orders require proper valuation/evidence of loss; absent valuation, compensation order defective.
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13 December 1989 |
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A licensee's temporary occupation cannot ripen into ownership against land allocated by the competent authority.
* Land law – Adverse possession – occupation as licensee/squatter does not constitute adverse possession against a land allocation by competent authority.
* Evidence – Admissibility and relevance of documentary exhibits (sketch map, prior primary court judgment) to corroborate testimony of land-allocating authority.
* Succession – heir cannot inherit title where ancestor held only a limited licence and was ordered to vacate.
* Remedies – burial and construction during pending suit are wrongful acts that do not create proprietary rights.
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11 December 1989 |
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Circumstantial evidence and an admission that the accused quarrelled with the victim supported manslaughter conviction; 18-year sentence.
* Criminal law – Homicide – Manslaughter (s.195 Penal Code) – Circumstantial evidence and admissions to third party – sufficiency to prove guilt.
* Evidence – Identification and eyewitness testimony – reliability of witnesses who saw accused with deceased and heard quarrel.
* Sentencing – deterrence and community prevalence of alcohol-related killings.
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11 December 1989 |
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An appeal filed in the High Court registry instead of by petition in the District Court is a fatal procedural defect.
Magistrates' Courts Act s25(3) and Civil Procedure Rules r5(3) – appeals to High Court must be by petition filed in District Court; memorandum of appeal filed in High Court – fatal procedural defect; s37 (substantial justice) not applicable to cure appeal filing irregularity; practice inconsistent with statute cannot validate non-compliance.
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8 December 1989 |
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An appeal to the High Court from a District Court must be by petition filed in the District Court, not a memorandum filed in the High Court.
* Appeals — procedure — appeals to the High Court from District Court must be by petition filed in the District Court (s.25(3) Magistrates' Courts Act; r.5(3) Civil Procedure Rules GN 312/64). * Improper forum — memorandum filed in High Court held invalid. * Section 37 (substantial justice) does not cure appeal-filing defects. * Practice cannot override clear statutory requirements.
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8 December 1989 |
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Eyewitness and circumstantial evidence established identity and intent, leading to a murder conviction and four-year sentence.
Criminal law – Identification of assailant – Eyewitness recognition and contemporaneous conduct – Intention in firearm shootings – Accidental discharge defense – Sentencing mitigation for long service.
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8 December 1989 |
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Possession of complainant's identified property and attempted flight supported conviction; appellant's five-year sentence upheld.
Criminal law – Theft – circumstantial and direct evidence – possession of stolen property and flight as corroborative evidence; appellate review of magistrate's factual findings; sentence review – whether excessive.
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7 December 1989 |
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The applicant’s two‑year delay in objecting to attachment rendered the objection time‑barred; appeal dismissed.
Civil procedure — Attachment/enforcement of costs under customary law — Limitation of Proceedings/Customary Law rules — Delay and laches — Time‑bar to objecting to seizure of property.
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7 December 1989 |
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Appellate court upheld conviction for theft but reduced sentence after trial court failed to seek mitigation.
* Criminal law – theft by account – sufficiency of evidence to establish number of items taken; burden shifts once prosecution proves goods were loaded into accused’s vehicle (s.114 Evidence). * Evidence – credibility of interested witnesses – port guards’ testimony held credible and not requiring corroboration. * Evidence – admission of co-accused statement – non-prejudicial where it added nothing to prosecution case. * Sentence – failure to invite mitigation – irregularity justifying reduction.
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6 December 1989 |
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Court reduced murder charge to manslaughter; insults and self‑defence were insufficient to establish or excuse malice.
Criminal law — manslaughter v murder — malice aforethought (s.200 Penal Code); provocation; self‑defence; causation of death by internal injury; sentencing for manslaughter.
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6 December 1989 |