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Citation
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Judgment date
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| May 1990 |
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Appeal allowed where circumstantial and inconclusive evidence failed to prove the appellant’s guilt beyond reasonable doubt.
Criminal law – Theft by person employed in public service – Circumstantial evidence and inferences – Need to prove guilt beyond reasonable doubt; insufficient or speculative inferences unsafe for conviction.
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30 May 1990 |
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Appellant’s inconsistent account and failure to report theft led court to affirm theft conviction and dismiss the appeal.
Criminal law – Theft by agent – evidentiary value of recovery of property and possession by another person. Credibility – inconsistent statements and failure to report alleged theft undermine defence. Circumstantial evidence – civilian and police testimony supporting conviction. Appeal – appellate court will uphold trial court’s credibility findings where inconsistencies and improbabilities remain unresolved.
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30 May 1990 |
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30 May 1990 |
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Appeal against conviction for stealing dismissed: identification, lawful possession and application of Minimum Sentence Act upheld.
Criminal law – Theft – Proof of identification and possession – Circumstantial and direct witness evidence sufficient to sustain conviction; Minimum Sentence Act 1972 – applicability where value/ownership threshold satisfied – sentence affirmed.
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30 May 1990 |
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Appeal dismissed; conviction for cattle theft and statutory minimum five-year sentence affirmed, despite appellant’s age.
Criminal law – Theft of livestock – Evidence of seizure after animal strayed onto accused’s farm – credibility of witnesses and rejection of denial. Sentencing – Minimum Sentences Act 1972 – statutory minimum five years for cattle theft removes judicial discretion to reduce sentence. Appeal – merits and admissibility of appeal where trial evidence is overwhelming.
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30 May 1990 |
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Whether a District Court may decide an appeal without the Primary Court record; High Court confirmed convictions despite procedural defects.
Criminal procedure – Appeals from Primary Court – requirement of Primary Court record for appellate review – competence of District Court to hear appeal without record. Procedural irregularity – absence of record does not automatically vitiate conviction; discretionary remedies include confirmation or ordering retrial depending on interests of justice. Statutory appeal routes – compliance with prescribed procedures for appeals from Primary to District/High Court.
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30 May 1990 |
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Appellant failed to follow statutory appellate procedure from Primary Court; appeal was therefore incompetent and dismissed.
Civil procedure – appeals from Primary Court – competence and jurisdiction – requirement to follow statutory procedure under the Lower Courts Act (section 25 and related provisions) – failure to institute proper petition or show locus to appeal renders appeal incompetent.
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28 May 1990 |
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Second appeals lie only on points of law; where issues are factual and supported by evidence, leave to appeal is refused.
Criminal law – second appeal – scope of second appeal under s.5(7) Appellate Jurisdiction Act 1979 – limited to questions of law. Evidence – findings of fact – second appellate court will not disturb findings of fact supported by evidence. Doctrine of recent possession – where issue is factual, does not in itself create a point of law. Exception – misdirection or non-direction by lower courts may permit re-evaluation of evidence on second appeal.
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26 May 1990 |
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Conviction based on uncorroborated accomplice testimony and no proper identification of stolen goods was unsafe and quashed.
Criminal law – accomplice evidence – reliability and need for corroboration; Evidence – identification of stolen property – goods not produced and identifier did not testify; Procedure – failure of trial magistrate to warn on uncorroborated accomplice evidence renders conviction unsafe; Circumstantial defects – arrest before money passed and no proven link to co‑accused.
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25 May 1990 |
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Key issues are identification of the assailant and whether the stabbing was committed with malice aforethought.
Criminal law – Murder – identity of assailant – victim’s contemporaneous statements and eyewitness testimony – mens rea (malice aforethought) in stabbing death.
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25 May 1990 |
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Possession of ordinary mechanic’s tools near vehicles, without evidence of use or attempt, does not prove intent to commit a felony.
Criminal law – Possession of instruments – s.298(1) Penal Code – intent to commit felony must be proved beyond reasonable doubt – mere possession of tools ordinary to a mechanic insufficient – unrefuted explanation by accused negates inference of criminal intent.
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24 May 1990 |
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Appeal dismissed; conviction for malicious damage under section 326(1) upheld and compensation order confirmed.
Criminal law – Malicious damage to property – Section 326(1) Penal Code – Leader’s abuse of office – Willful and unlawful destruction and dispossession – Evidence and credibility – Compensation for loss.
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23 May 1990 |
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Trial in a court without jurisdiction (pre‑amendment) is null; conviction and sentence quashed and retrial ordered.
Criminal law — Jurisdiction — Economic and Organized Crime Control Act 1984 s.12(3) — Transfer of cases to subordinate courts — District Court lacked jurisdiction to try economic offences before 1987 amendment — Amendment not retrospective — Trial in wrong jurisdiction null and void; conviction and sentence quashed.
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23 May 1990 |
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A separate suit for costs from prior defamation proceedings failed for lack of specific proof and improper procedure.
Costs — claim for costs arising from prior litigation — necessity of specific proof and documentary support — improper to institute fresh suit for taxation of costs — proper course is taxation in original file; appellate review upholds reversal for lack of proof; notes on forum for defamation actions.
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22 May 1990 |
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Appellant failed to prove the disputed cattle were dead or owned by others; appeal dismissed with costs.
Property law – entrustment and conversion of cattle; burden of proof on defendant to show deaths or third-party ownership; credibility findings and appellate interference with factual determinations.
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22 May 1990 |
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Husband owned and validly sold the land and house; wife’s consent under section 59 was not required, appeal dismissed.
Property law – ownership dispute over land and house – earlier judgments confirming husband’s title – purchaser’s title. Family/marital property – section 59 Marriage Act 1971 – when spousal consent to alienation is required. Remedies – personal/equitable claim against spouse for contributions does not invalidate third‑party purchase.
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21 May 1990 |
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Familiarity, favourable identification and recovery of stolen cash upheld robbery conviction; appeal dismissed.
Criminal law – Robbery with violence – identification evidence – familiarity between complainant and accused and favourable moonlight – reliability of identification. Criminal law – Corroboration – third‑party handing of money and recovery of part of stolen cash (Exhibit B) corroborating victim’s testimony. Criminal law – Medical evidence – PF3 (Exhibit A) supporting occurrence of violence. Criminal appeal – evaluation of evidence – conviction sustained where identification and corroborative evidence establish guilt beyond reasonable doubt.
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21 May 1990 |
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Acquittal for cattle theft set aside where defence claim of right was found dishonest and unsupported by the evidence.
Criminal law – Theft (cattle) – Claim of right – Defence succeeds only if the accused genuinely and honestly believed in his right to the property – Contradictions and implausible explanations may destroy bona fides. Appeal – Setting aside acquittal and substituting conviction where lower court’s acceptance of defence is unsupported by evidence.
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21 May 1990 |
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District Court rightly granted extension to appeal where non-receipt of Primary Court judgment and substantive issues justified discretionary relief.
Civil procedure — extension of time to appeal — discretion of District Court — non-receipt of Primary Court judgment as justification for delay — substantive issues (clan land, locus standi) relevant to exercise of discretion.
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21 May 1990 |
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An applicant cannot defeat a mandatory half-value cash deposit by disputing the alleged stolen property's value at the bail hearing.
Bail — Determination of factual issues at bail hearing — Whether value of alleged stolen property should be determined at bail stage; Prosecution not obliged to adduce evidence on substantive issues at bail hearing; Mandatory deposit of half-value for property alleged stolen.
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21 May 1990 |
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Court found prima facie case against first accused for presenting forged documents, but none against second and third; appeal allowed in part.
Criminal law – submission of no case to answer – test for "no case": lack of evidence on essential element or manifest unreliability of prosecution evidence – forgery and procurement of airline tickets – prima facie case against person who produced forged documents; no case where no evidence of participation or knowledge.
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19 May 1990 |
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Plaintiff lacked standing to sue for copyright infringement because copyright had been assigned to the record company.
Copyright law – ownership, assignment and exclusive licence – s.12(1), s.13(2) and s.13(6) Copyright Act 1966 – owner entitled to sue – locus standi – plaint failing to show owner’s interest – suit struck out.
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19 May 1990 |
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Appellant failed to discharge the burden of proof; lower courts’ dismissal of the claim is upheld and appeal dismissed with costs.
Civil procedure – burden of proof – claimant must prove all facts necessary to establish claim; appellate review of factual findings – concurrent findings of lower courts will not be disturbed absent demonstrable error.
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18 May 1990 |
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18 May 1990 |
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Appeal against acquittal dismissed where evidence showed complainant provoked the assault and accused acted in self-defence.
Criminal law – assault occasioning actual bodily harm; appeal against acquittal; appellate review of credibility findings; provocation and self-defence as a complete or partial defence.
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18 May 1990 |
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An appellant cannot recover a father's land without the owner's authorisation; appeal dismissed with costs.
Property – recovery of land – locus standi – whether a son may sue to recover land owned by his father absent authorisation or power of attorney. Customary/village administration – appropriation/reallocation of unused land – challenge by unauthorised third party.
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17 May 1990 |
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17 May 1990 |
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17 May 1990 |
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Long‑standing mental abnormality did not establish legal insanity where confessions and conduct showed knowledge and wrongfulness.
Criminal law – Insanity defence – Legal insanity under section 13 Penal Code – Requirement that disease of the mind destroys understanding of the act or awareness of wrongfulness – Confessions and conduct (leading to body and weapon) as evidence negating insanity.
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17 May 1990 |
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Magistrates may follow a High Court declaration of unconstitutionality and therefore need not apply conflicting statutory bail provisions.
Criminal procedure – bail – application of s.148(5)(a) Criminal Procedure Act – constitutionality of s.148(4) & (5) – High Court declaration of invalidity – binding effect on magistrates – stare decisis and absence of appellate overruling.
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16 May 1990 |
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A long marriage producing children may justify refusing refund of bride price to the respondent.
Family law – Bride price (dowry) – Refund claims – Court must consider fault for marriage breakdown, duration of marriage, presence of children, and the divorced wife’s contribution to or share in matrimonial assets when ordering refund of bride price.
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15 May 1990 |
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Court granted judgment to the plaintiff for unpaid repair costs after an ex parte hearing supported by a filed affidavit.
Contract law – recovery of unpaid repair costs for mechanical repairs (Local Purchase Order No. 389) – entitlement to payment for repair of six D7 Caterpillar cylinder heads. Civil procedure – ex parte hearing – Order IX rule 6(1)(a)(i) Civil Procedure Code 1966 – permissibility where defendant fails to appear and affidavit supporting claim is filed. Evidence – standard of proof on affidavit in civil claims – balance of probabilities.
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15 May 1990 |
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The appellant's late notice under section 361 C.P.A. rendered the appeal incompetent and it was dismissed.
Appellate procedure — Notice of intention to appeal — Non-compliance with statutory time limit under section 361 of the C.P.A. — Late notice renders appeal incompetent and subject to dismissal.
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14 May 1990 |
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Appeal dismissed where appellant failed to prove grant or title and was found to be a squatter.
Land law – proof of title – oral grant by village chairman – credibility and timing of testimony; Possession and squatting – when cultivation of temporarily vacant land does not establish prior title; Civil appeal – appellate court will not disturb lower courts' factual findings absent reason; Local land reallocation – source of repeated dispossession litigation.
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14 May 1990 |
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The applicant’s appeal is dismissed; conviction substituted under the Wildlife Act and five-year sentence upheld.
Criminal law – Unlawful possession of government trophies – Proper statutory basis for conviction (Wildlife Conservation Act 1974 s.67(1)) – Misdescription of offence under Economic and Organised Crime Control Act – Substitution of conviction; Credibility findings on intent to report – Sentence within statutory 2–7 year range and confirmed.
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14 May 1990 |
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Bail granted with stringent financial and travel‑restriction conditions despite disputed charge particulars and the applicant’s non‑citizen status.
Criminal procedure — Bail — Considerations for granting bail include value of property forming subject matter and risk of absconding; vagueness in charge particulars does not automatically preclude bail — Non‑citizenship is a factor but not an automatic bar to bail — Appropriate conditions include high recognizance, surety/bond, surrender of travel documents, and prohibition on leaving jurisdiction.
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14 May 1990 |
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13 May 1990 |
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Appeal dismissed for want of prosecution after appellant reported dead and prolonged absence of parties.
Civil procedure – Dismissal for want of prosecution – Appellant reported deceased – Respondent served but absent – Prolonged inaction (over three years) – Appeal dismissed.
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12 May 1990 |
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Appeal dismissed; conviction and five-year sentence for office-breaking and stealing upheld on overwhelming evidence.
Criminal law – Office-breaking and stealing – Sufficiency of evidence – Eyewitness identification and recovery/disposal of stolen property – Credibility assessment – Appeal against conviction and sentence.
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11 May 1990 |
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Conviction and three-year sentence for theft affirmed; compensation order quashed for lack of evidence of value.
Criminal law – Theft – Sufficiency of evidence – Conviction upheld where accused found wearing stolen property and identified buyers leading to recovery.* Sentencing – Three years' imprisonment – Not excessive given breach of trust and value of theft.* Compensation – Award for unrecovered stolen property – Must be supported by evidence of value; unsupported compensation order quashed.
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9 May 1990 |
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Conviction and three‑year sentence for theft upheld; compensation order set aside for lack of reliable valuation evidence.
Criminal law – theft – sufficiency of evidence to support conviction (possession of stolen property, identification of buyers, recovery of items); sentencing – breach of trust and sentence appropriateness; compensation for unrecovered stolen property – requirement of clear, reliable evidence of values; civil remedy for recovery of unproven losses.
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9 May 1990 |
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Appellate court quashed appellant's theft conviction obtained in his absence, setting aside sentence and compensation.
Criminal procedure – trial in absentia – duty under s.226(2) Criminal Procedure Act 1985 to afford accused opportunity to explain absence and, if necessary, issue warrant – conviction obtained in absence without compliance is a failure of justice; Evidence – theft by servant – requirement to prove animus furandi and guilt beyond reasonable doubt; Civil remedy alternative where misconduct amounts to mismanagement rather than criminal theft.
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9 May 1990 |
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The applicant's appeal against a robbery conviction was dismissed and the sentence increased from seven to ten years for aggravated violence.
Criminal law – Robbery with violence – Identity and custody – eyewitnesses caught accused emerging from shop – Credibility of prosecution evidence upheld; sentence – minimum sentence increased due to serious injury inflicted with a panga.
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7 May 1990 |
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Plaintiff wrongfully terminated hire and impounded vessels; counterclaim for loss of profits and rehabilitation awarded, net of admitted rent.
Hire agreement — wrongful termination — seizure and impounding of vessels without stipulated notice — damages for loss of profits; rehabilitation costs — set‑off of admitted rent against counterclaim — net judgment for counterclaimant.
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5 May 1990 |
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Appeal allowed: convictions quashed where evidence was uncorroborated and appellant’s explanation for possession was reasonably probable.
Criminal law – Appeal against conviction – Sufficiency and corroboration of evidence – Reliance on co‑accused and security guard testimony – Evaluation of accused’s explanation and documentary evidence in possession of suspected stolen property.
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5 May 1990 |
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Appellant dispossessed of customary land during ujamaa; Primary Court upheld and alternative land allocation ordered.
Property law – customary/ village land – dispossession during ujamaa village reorganisation – credibility of village chairmen – remedial allocation where part of land occupied by permanent public buildings – restoration of Primary Court decision and setting aside District Court judgment.
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4 May 1990 |
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The appellant withdrew the criminal appeal and the High Court recorded and allowed the withdrawal.
Criminal procedure – Appeal – Withdrawal of appeal by appellant – Court records withdrawal where prosecution has no objection and enters order accordingly.
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2 May 1990 |