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Citation
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Judgment date
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| October 1989 |
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Appeal dismissed: eyewitness identification (including identification parade) was reliable and conviction for robbery with violence is upheld.
Criminal law – Robbery with violence – Eyewitness identification – Identification parade – Whether parade was properly conducted and identification reliable – Opportunity to observe in daylight and corroborating evidence support conviction.
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31 October 1989 |
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Reported
Court of Appeal Rules - Appeals - Application for extension of time to appeal to the Court of Appeal - Whether sufficient reasons shown.
Law of Limitation - Delay in filing an appeal - Whether appellant has sufficient cause for the delay. |
30 October 1989 |
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Reported
Administrative delay in obtaining judgment justified extension of time and leave to appeal; arguable points of law identified.
Extension of time – sufficient cause under s.14(1) Law of Limitation Act – administrative delay in issuing judgment; Affidavit sufficiency – disclosure of source; Leave to appeal – existence of arguable points of law concerning registered title, marriage and Right of Occupancy, capacity of minors to hold land rights, and potential misdirection on ownership evidence.
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30 October 1989 |
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Land ownership disputes must be pursued civilly; threat conviction upheld, omnibus and excessive conditional sentence set aside.
Criminal law – land disputes – ownership and boundary disputes should ordinarily be resolved in civil proceedings, not by criminal prosecution. Criminal law – threatening violence – brandishing a stick and daring others to remove boundary markers can constitute a threat under s.89(2)(a). Sentencing – omnibus sentences are unlawful; separate sentences must be imposed for each conviction. Sentencing – conditional discharge limits – s.38(1) sets a maximum of 12 months; longer conditional discharges are illegal.
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26 October 1989 |
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Identification evidence at night, by torchlight and in a group, was held insufficient to sustain conviction; appeal allowed.
Criminal law – Identification evidence – Conviction cannot safely rest on bare assertions of recognition made at night with limited lighting and in a group; need for particulars or distinctive features to support identification; benefit of doubt where identification not properly established.
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26 October 1989 |
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Application to set aside ex parte judgment dismissed as misconceived and time‑barred for failure to seek extension.
Civil procedure – Setting aside ex parte judgment – Proper sub‑rule under Order 9 (rule 13(2) where judgment followed failure to file written statement of defence) – Time limits and limitation (Limitation Act/Order 9 rule 13(2)) – Requirement to apply for extension of time – Dismissal with costs where overdue and no extension sought.
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26 October 1989 |
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Appeal upholds convictions; child witness admissible without voir dire; sentences and compensation adjusted for appropriateness.
Criminal law – Unlawful wounding – Credibility of witnesses – Child witness: age threshold for voir dire – Evidence of a 15‑year‑old admissible without voir dire; Sentencing – appropriateness of fines, default imprisonment and corporal punishment for young persons; Children and Young Persons Ordinance – power to order compensation against parent or guardian (s.21).
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26 October 1989 |
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Procedural recording and seizure irregularities, if not shown to cause prejudice, are curable and do not necessarily vitiate a conviction for unlawful possession of a firearm.
Criminal procedure — non-compliance with recording of interviews/cautioned statements and seizure receipt formalities — curable irregularities under s.308 of the Criminal Procedure Act. Evidence — weight of credibility — minor contradictions about scene location immaterial; conviction may rest on reliable witness testimony and admissions. Offences — unlawful possession of firearm and ammunition — proof by discovery at place shown and identification by owner.
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26 October 1989 |
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Caveat emptor inapplicable where buyer lacked opportunity to inspect and seller liable for delivering a defective tyre.
• Sale of goods – Implied warranty of merchantable quality – Seller liable where goods delivered are defective and buyer had no opportunity to inspect. • Contract law – Caveat emptor inapplicable where buyer prevented from inspecting goods. • Evidence – Credibility of contradictory denials by seller.
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25 October 1989 |
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Identification in lit room and recovery of stolen items established recent possession, sustaining convictions; appeals dismissed.
Criminal law – Burglary and theft – Identification evidence from complainant who observed intruders in lit room – Reliability of in-situ and subsequent identification; Criminal law – Recent possession – recovery of stolen articles from accused and associates as evidence of guilt; Appeal – Credibility findings of trial court – appellate deference where no misdirection; Sentencing – no irregularity found.
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24 October 1989 |
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Accused convicted of manslaughter but granted absolute discharge due to weak evidence and prolonged custody.
Criminal law – Manslaughter; guilty plea; mitigating factors – intoxication, youth, first offender; prolonged pre-trial custody; weak prosecution evidence; absolute discharge.
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23 October 1989 |
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Advocate’s misunderstanding cannot excuse an inordinate nine‑month delay; extension of time for leave to appeal refused.
Appellate procedure – extension of time – s.11(1) Appellate Jurisdiction Act 1979; Court of Appeal Rules r.43(a) – 14-day limit for application for leave to appeal. Certificate of point of law – s.5(1)(c) – not required where proceedings did not commence in a primary court. Delay – inordinate delay; advocate’s misunderstanding of proceedings/law is not sufficient reason to grant extension.
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20 October 1989 |
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Appeals from primary courts must be filed in the district court; direct High Court filing is incompetent and struck out.
Appeals from primary courts — Procedural requirements — Order 39 r.1(1) Civil Procedure Code inapplicable to primary-court appeals — Magistrates' Courts Act s.25(3) and Civil Procedure (Appeals Originating in Primary Courts) Rules 1964 require petition filed in district court — mandatory filing route — appeals filed directly in High Court are incompetent and struck out.
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20 October 1989 |
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Village officials held jointly liable for unlawful seizure of plaintiff’s property; awarded value, loss of use and trespass damages.
Property torts – Unlawful seizure/possession – Conversion and trespass – Liability of local officials notwithstanding instruction from political party leaders; Evidence – denial of participation unsupported by witnesses; Damages – value of property, loss of use and trespass; Defamation – failure to plead or prove claim.
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20 October 1989 |
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Appeal allowed: recent-possession inference and uncorroborated, self‑interested evidence (with no cross‑examination) made the conviction unsafe.
Criminal law – store-breaking and stealing – doctrine of recent possession – evidential presumption, rebuttable and context-dependent – weight to be given to evidence of co-accused and interested witnesses – right of accused to cross-examine co-accused – failure to permit cross-examination may render conviction unsafe.
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20 October 1989 |
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Plaintiff's claim dismissed for failing to prove tax payments; seizure by tax authorities held lawful.
Tax law – seizure of bank funds – lawfulness of tax collectors' power to seize funds to satisfy unpaid assessments – burden on taxpayer to prove prior payment by production of receipts.
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19 October 1989 |
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Appeal allowed where purchase claim rested on untested, late-produced document and the claimant lacked authority to sue on another's behalf.
Land dispute — burden of proof of purchase; representation — authority to sue for another under section 33(2) Magistrates' Courts Act; documentary evidence — late production and inability to test reduces credibility; appellate review — power to overturn untenable factual findings.
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19 October 1989 |
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Conviction quashed where evidence failed to link recovered items to the alleged school break-in and theft.
Criminal law – Burglary and theft – Sufficiency of evidence – Whether recovered exhibits were adequately linked to the alleged break-in and theft; flight and refusal to obey employer insufficient alone to prove guilt.
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19 October 1989 |
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Appeal allowed: identification evidence and cautioned statements unreliable and joinder prejudiced the applicant.
• Criminal procedure – joinder of charges and accused – propriety and prejudice where offences occurred on different dates, places and involved different victims.
• Evidence – identification – requirement for witness to show circumstances enabling reliable identification; risks of suggestion and coaching.
• Evidence – cautioned statements/confessions – onus on prosecution to prove voluntariness (Evidence Act) before treating statements as corroborative.
• Conviction unsafe where identification and confession evidence are unreliable and joinder is prejudicial.
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18 October 1989 |
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Appellate court remitted the record after finding dismissal of the applicant's out-of-time leave to appeal inappropriate due to procedural deficiencies.
Appellate procedure – leave to appeal out of time – duty to explain rights of appeal – procedural fairness – remittal of record to District Court for processing of appeal.
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17 October 1989 |
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Appellate court overruled a refusal of leave to appeal out of time and remitted the record for processing due to procedural defects.
Appeal procedure – leave to appeal out of time – procedural fairness – failure to inform appellant of appeal rights – remittal of record to District Court for processing of appeal.
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17 October 1989 |
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Reported
Government's post‑acceptance alteration and cancellation of a tender award was unlawful and breached a binding contract.
Tender law – Advertisement as invitation to treat; tenders constitute offers and acceptance creates contract. Contract formation – Government acceptance by letter can create binding contract on advertised terms. Administrative action – Public officials cannot unilaterally vary contract terms after acceptance. Remedies – Unlawful cancellation of a tender award entitles successful tenderer to declaration and consequential relief including permits and costs.
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16 October 1989 |
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Reported
Contract - Government tender - Whether an invitation to treat or an offer.
Contract - Government tender - Whether central tender board obliged to accept highest bid.
Contract - Tenderer’s bid made within period stipulated by tenderee - When legally binding contract arises.
Contract - Government tender- Period within which to bid and pay purchase price stipulated in tender - Tenderer bids within stipulated period - Tenderee accepts bid subject to confirmation sale price - Tenderee confinns award of tender but shortens original period within which sale price payable - Whether open to tenderee to modify period of payment ofsale price.
Contract - Government tender- Tender submitted within stipulated period - Tenderee accepts bid and confirms award of tender but shortens period within which sale price payable - Tenderer objects - Tenderee cancels award of tender - Whether open to tenderee to cancel award after acceptance.
Civil Practice and Procedure - Right of hearing - Parties to suit aware of hearing date - Defendants absent at hearing without
assigning any reason - Suit set down for ex parte proof - Defendants enter appearance on day set down for ex parte -
Whether defendants have a right of hearing. |
16 October 1989 |
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14 October 1989 |
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Reported
Contract - Agency - Termination - Terminable at instance of either party by three months notice - Termination by principal - No evidence that termination notice served on or received by agent - Effect.
Contract - Agency - Termination of authority of - When it takes effect.
Contract - Agency - Termination of authority of agent - Onus of proof.
Contract - Agency - Terminable by notice - Wrongful termination by principal - Agent claims damages in lieu of notice - Measure of damages.
A Contract - Agency - Termination - Express or implied contract that agency to be continued for a period of time - Wrongful termination - Consequences. |
13 October 1989 |
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Reported
Termination ineffective where principal cannot prove agent received notice; principal liable for lost commissions.
Agency law – Termination – Service of notice – s.160 Law of Contract Ordinance: termination of agent’s authority ineffective until known to agent – burden on principal to prove knowledge; wrongful revocation – s.157: compensation for lost commissions; proof of breach and quantification of loss.
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13 October 1989 |
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Circumstantial evidence of assault while in custody established murder; accused convicted and sentenced to death.
Criminal law – Murder – Circumstantial evidence – Reliability of witness accounts – Inference of malice aforethought from injuries and conduct – Death penalty imposed.
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12 October 1989 |
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A claim to recover land is time‑barred where village allocation and uninterrupted occupation by others persisted for fourteen years.
Land law – possession and allocation by village authorities – effect of uninterrupted occupation following lawful village allocation. Limitation – claim to recover land – action barred after lapse of statutory period (14 years) when no timely objection or challenge made. Adverse possession/abandonment – absence of owner and long possession by others as defeat to later recovery claim.
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11 October 1989 |
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A criminal conviction for malicious damage supports civil liability, but claimed loss of profits must be proved.
Tort (delict) – Malicious damage to property; civil liability following criminal conviction; proof and quantification of damages (replacement cost and loss of use/profits); default judgment for non‑appearance of defendants.
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11 October 1989 |
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Reported
Sale of goods - Buyer discovers goods to be defective on delivery - Had no opportunity to inspect goods - Whether principle of caveat emptor applicable.
Sale of goods - Goods discovered to be defective - Breach of implied warranty by seller that goods in reasonable condition. |
10 October 1989 |
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Reported
Caveat emptor inapplicable where buyer had no chance to inspect; seller liable for supplying defective tyre; appeal allowed.
Sale of goods – caveat emptor – inapplicable where buyer had no opportunity to inspect; Implied condition/warranty of fitness and quality – seller liable for delivering defective tyre; Credibility of evidence – relatives’ testimony admissible if competent and not shown to be false.
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10 October 1989 |
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Conviction for cattle theft upheld; sentence reduced from eight to five years as lower court exceeded sentencing powers.
Criminal law – Theft of livestock – Identification evidence in broad daylight and confession – sufficiency of proof beyond reasonable doubt. Statutory interpretation – Economic and Organized Crimes Control Act 1984 – exclusion of application of other sentencing laws. Sentencing – limits on subordinate court powers – sentence ultra vires and reduction to statutory minimum.
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10 October 1989 |
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Reported
Civil Practice and Procedure - Revision - Limitation to revisional powers - Section 79(I) Civil Procedure Code, 1966. |
7 October 1989 |
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Reported
Proceedings before a subordinate magistrate who exceeded pecuniary jurisdiction are null and void; High Court may revise under Magistrates' Courts Act.
Magistrates' Courts Act 1984 s44(2) – Resident Magistrate‑in‑charge may call for and forward subordinate records for High Court revision; Revisional jurisdiction — s43(2)/s44(1) MCA wider than s79 CPC; Civil Procedure Code 1966 s79 — limited revisional grounds where no appeal lies; Pecuniary jurisdiction — subordinate magistrate’s monetary limit under G.N.212/1984; Jurisdictional nullity — proceedings conducted without jurisdiction are void and affect merits and justice.
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7 October 1989 |
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7 October 1989 |
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Appeal allowed where complainant’s uncorroborated evidence and a co-owner’s testimony failed to prove damage by appellant’s cattle.
Civil liability for damage by cattle – necessity of independent corroboration – co-owner not an independent witness – complainant’s uncorroborated evidence insufficient to found liability.
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6 October 1989 |
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A tax collector’s inconsistent robbery claims failed to rebut credible prosecution proof of theft; appeal dismissed.
Criminal law – Theft by person in public service – Failure to remit public revenues – Credibility and consistency of accused’s statements – Absence of corroborative reports or evidence of broken safe – Appeal dismissed.
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6 October 1989 |
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Concurrent factual findings that attached cattle belonged to the judgment‑debtor were upheld and the appeal dismissed with costs.
Civil procedure – execution of judgment – attachment of cattle – dispute over ownership of property attached in execution. Evidence – identification and corroboration – eyewitnesses who saw cattle at judgment‑debtor’s homestead and brand marks. Appeals – concurrent findings of fact by lower courts supported by strong evidence not to be disturbed.
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6 October 1989 |
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Possession and identification of recovered stolen property by the victim supported conviction for housebreaking and theft, despite the accused’s claim of lawful purchase.
Criminal law – housebreaking and theft – identification and possession of stolen property – recovery of property and victim identification as proof of guilt. Evidence – credibility of witness identification and uncorroborated explanations for possession of stolen goods. Arrest by local vigilante (Sungu Sungu) and subsequent handing over to police – admissibility/relevance to link accused to offence.
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6 October 1989 |
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Identification in a chaotic mob was unreliable; prosecution failed to prove common intention to murder, accused acquitted.
Criminal law – Murder – Mob violence and lynching – Reliability of visual identification in chaotic/panic conditions – Doctrine of common intention – Requirement that death be a probable consequence of the common unlawful purpose – Alternative verdicts (assault causing actual bodily harm).
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6 October 1989 |
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Appeal dismissed where cattle were attached without court order and trial court improperly tried two separate matters together.
Civil procedure – attachment of property – requirement of court order/attachment warrant before property can be lawfully attached; erroneous joinder of distinct causes leading to fundamental irregularity; proof of ownership of attached property.
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6 October 1989 |
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The applicant’s robbery convictions were quashed because recovered items were not linked to him beyond reasonable doubt.
Criminal law – Robbery with violence – sufficiency of identification of recovered property – timing and circumstances of recovery – evidential gaps rendering conviction unsafe.
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6 October 1989 |
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An appellate court should not overturn trial court credibility findings without clear misapprehension or lack of probative evidence.
Appellate review – concurrent findings of fact – credibility assessments – appellate court must not reverse trial court’s credibility-based findings absent clear misapprehension of evidence; probative value of documentary evidence must be established.
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6 October 1989 |
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Appeal dismissed where concurrent findings supported that judgment-debtor hid cattle at appellant’s premises to defeat execution.
Execution — attachment of goods — ownership disputes over cattle — credibility of witnesses and branding evidence; concealment of judgment-debtor's property to defeat execution; appellate restraint where courts below make concurrent factual findings.
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5 October 1989 |
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Appellate court held courts must not endorse extra‑judicial dispossession and ordered restitution of thirteen cattle to the respondent.
Constitutional/judicial power — courts must not condone or give effect to extra‑judicial (vigilante) actions; Property — unlawful seizure of cattle requires lawful process and compensation; Criminal/civil remedy — restitution preferred to imprisonment when lower court’s procedure defective.
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5 October 1989 |
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Attachment of property under a traditional tribunal’s order is unlawful without court order or statutory authority; appeal allowed.
Customary/traditional tribunal – limits of authority – baraza la jadi lacks judicial power to order seizure of property. Property rights – constitutional protection – seizure only by court order or Act of Parliament with compensation. Civil procedure – attachment – requirement for independent corroboration before seizing property based on a party’s statement. Rule of law – ordinary courts must not enforce illegal orders from bodies without judicial authority.
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5 October 1989 |
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5 October 1989 |
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A traditional tribunal cannot lawfully seize the respondent’s property; only courts or statutory processes may deprive property.
Constitutional law – separation of powers – only courts/competent organs may exercise judicial power; traditional tribunals lack judicial authority and cannot lawfully seize property. Property rights – deprivation of property only by court order or Act of Parliament with adequate compensation. Civil procedure – attachment ordered by non-judicial body is unlawful and subject to invalidation by courts.
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5 October 1989 |
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Circumstantial evidence and overheard admissions were held sufficient to convict the appellant of armed robbery; appeal dismissed.
Criminal law – robbery with violence – circumstantial evidence – sufficiency and cogency of circumstantial proof; overheard admissions implicating accused; lapse of time and proximity between scene and place where admissions were overheard; non-recovery of stolen property immaterial; fresh allegations not raised at trial inadmissible on appeal.
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4 October 1989 |
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Court forfeited fifteen pieces of seized gold to the Republic under EOCCA after suspect absconded and evidence sufficed to disclose offences.
Exchange Control Ordinance (Cap. 294) – s.2(1) failure to offer gold for sale to authorised dealer; s.3(1) failure of bailee to notify Treasury Economic and Organised Crime Control Act 1984 – paragraph 1, First Schedule; s.34(4) forfeiture of property Admissibility and effect of Inspector‑General of Police’s certificate (Government Notice No. 17 of 1989) Forfeiture where suspect has absconded while on bail
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4 October 1989 |