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Citation
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Judgment date
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| March 1990 |
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A chamber application supported only by an affidavit lacking case heading and date is invalid and is struck out.
Civil procedure — Chamber application for interim release of property — Affidavit formalities — Affidavit lacking case heading and date not a proper affidavit — Defective supporting affidavit invalidates chamber application — Application struck out.
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27 March 1990 |
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Possession of a branded cattle hide without explanation upheld conviction for cattle theft; appeal dismissed.
Criminal law – Theft – Possession of recently stolen property – Branded cattle hide as identifying evidence – Onus on possessor to explain – Insufficient defence – Appeal dismissed.
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26 March 1990 |
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Conviction unsafe where recovered property was not produced, admissions uninvestigated and alibi ignored.
Criminal law – theft – production of property recovered from accused; non‑production fatal unless genuine cause shown. Evidence – extrajudicial admissions – retraction and voluntariness; duty of trial court to investigate allegations of coercion. Identification evidence – tyre‑shoe marks and village trackers; necessity to call identifying witnesses. Criminal procedure – failure to consider alibi and to call material witness renders conviction unsafe.
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24 March 1990 |
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Conviction for abduction under section 133 overturned where evidence showed consent and no forcible detention.
Criminal law – Abduction (s.133 Penal Code) – Elements: forcible detention and lack of consent to carnal knowledge – need for proof beyond reasonable doubt. Evidence – failure to complain or escape and conduct after incident may undermine claim of detention/non-consent. Consent – prior intimate relationship relevant to inferences about consent.
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23 March 1990 |
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Appellant's conviction for theft by servant upheld where circumstantial facts and special knowledge irresistibly pointed to guilt.
Criminal law – Theft by servant – Circumstantial evidence – whether cumulative circumstantial facts irresistibly point to guilt; opportunity alone insufficient. Evaluation of admissions reported by others while in remand. Appellate review – deference to trial court inferences where guilty inference is the only reasonable hypothesis.
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23 March 1990 |
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Conviction for employer theft quashed where circumstantial evidence failed to exclude other perpetrators.
Criminal law – Theft – Circumstantial evidence – Absence from duty – Insufficiency of evidence to exclude other perpetrators – Conviction unsafe and quashed.
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23 March 1990 |
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Whether certiorari can challenge Permanent Labour Tribunal awards or is barred except for lack of jurisdiction.
Administrative law — Judicial review — Certiorari — Finality clause in Permanent Labour Tribunal Act s.27(1) — Statutory exclusion of review except for lack of jurisdiction — Errors of law on face of record not remediable under s.27(1).
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22 March 1990 |
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A conviction under s.31 does not automatically compel forfeiture of an arms/ammunition licence; statutory procedures and the DPP’s representations must be considered.
Criminal law — Statutory forfeiture of licence — Interpretation and application of s.31(1), (3) and (4) — Role of Director of Public Prosecutions’ recommendation — Forfeiture not automatic on conviction.
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21 March 1990 |
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Unreliable identification and parade irregularities left reasonable doubt; accused acquitted of murder.
Criminal law – identification evidence – reliability in chaotic/nightmarish or sudden-attack situations. Identification parade – probative value undermined by prior exposure of accused to witnesses and police conduct. Alibi raised after close of prosecution – limited weight under s.194(6) but absence of reliable identification still precludes conviction. Standard of proof – acquittal where identification is unsafe and reasonable doubt remains.
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21 March 1990 |
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Assessors' failure to sign a Primary Court judgment is not fatal unless it occasioned a failure of justice.
Primary Courts – procedural requirements – Government Notice No.2 of 1988 – signing of judgments by assessors – Magistrates Courts Act s.37(2) – irregularity reversible only if it occasioned a failure of justice; jurisdictional challenge to land held under customary law.
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20 March 1990 |
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Where premises were not shown to be a dwelling, burglary conviction was reduced to theft and sentence reduced.
Criminal law – Burglary v. theft – requirement that premises be a dwelling/residence for burglary (s.294(1)) – insufficiency of evidence as to residential use – substitution of conviction to simple theft (s.265) and reduction of sentence.
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19 March 1990 |
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Appellants’ appeal dismissed: minor identification discrepancies not fatal where transport and eyewitness evidence linked recovered goods to theft.
Criminal law – Receiving stolen property – Identification and chain of custody of recovered goods – Minor discrepancies in description or counts not fatal where transport and eyewitness evidence link recovered items to theft; alibi credibility; appellate review of trial evaluation of evidence.
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19 March 1990 |
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Appellate court upheld conviction for maiming cattle and enhanced sentence to eight years, finding a fine inadequate.
Criminal law – conviction for malicious injury to property (cattle) – adequacy of sentence – appellate enhancement of sentence after calling accused to show cause – cultural/economic value of cattle relevant to sentencing.
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19 March 1990 |
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Five-year sentence for inflicting grievous cut wounds with a pangato (attempted murder) upheld as not excessive.
Criminal law – Attempted murder – Use of lethal weapon (pangato) causing serious injury and hospitalisation – Sentence of five years – Appeal against sentence – Whether sentence excessive – Appeal dismissed and sentence confirmed.
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19 March 1990 |
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17 March 1990 |
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Appellate court reversed an acquittal, finding trial misdirection and that recent possession and evidence established guilt.
Criminal law – Appeal against acquittal – appellate interference with trial court credibility findings where trial court misdirected or ignored material evidence. Evidence – assessment of contradictions – distinction between trifling and material inconsistencies. Evidence – demeanour of witnesses – limited advantage of trial court and requirement to record and explain adverse findings. Possession – doctrine of recent possession of recently stolen property as basis for inferring guilt.
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17 March 1990 |
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Complainant's specific identification and proof the accused sold the garment sustained burglary and stealing convictions despite delayed recovery.
Criminal law – Identification of stolen property – Complainant's identification by distinctive mark (green thread) can be credible and support conviction. Criminal law – Recent possession doctrine – May be extended to support burglary/housebreaking convictions but must be applied cautiously where long delay between theft and recovery exists. Evidence – Sale of second‑hand clothes by accused as supporting inference of theft. Sentence – Trial court must impose lawful sentence; appellate court may set aside illegal sentence and substitute appropriate sentence.
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17 March 1990 |
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Conviction for theft upheld but sentence reduced to three years as appellant was a first offender.
Criminal law – Theft – Distinction between general stealing and stealing by agent/servant – Appeal against conviction; Civil elements in complaint do not bar criminal prosecution; Sentencing – first offender – reduction of unduly heavy sentence.
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17 March 1990 |
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High Court restored divorce, holding trial court’s factual findings of cruelty proved irreparable marriage breakdown and appellate interference unwarranted.
Marriage law – dissolution – irretrievable/irreparable breakdown under s.107 of the Marriage Act 1971 – cruelty (stripping, beating, neglect, public humiliation) as grounds for divorce. Civil procedure – appellate review – deference to trial court findings of fact and credibility; appellate interference only where trial court misinterpreted evidence or plainly erred. Domestic mediation reports (Bakwaata) – evidential weight in matrimonial disputes.
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16 March 1990 |
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A civil court lacked jurisdiction to order reinstatement for summary dismissal; reinstatement orders were set aside.
Employment law – summary dismissal – jurisdictional bar under Security of Employment Act s.26(1) – civil courts cannot entertain proceedings to enforce statutory decisions; Civil procedure – decree must conform to judgment (Order 20 Rule 6); judge must ensure decree correctly drawn; Civil procedure – correction of clerical mistakes (s.96) versus substantive review (Order 42 r.1 & s.95); Revision – High Court power to set aside unauthorized reinstatement orders.
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16 March 1990 |
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The accused was acquitted because identity was not proved beyond reasonable doubt.
Criminal law – identification evidence – reliability of visual identification in poor light and need for watertight identification. Criminal law – weight of dying declaration that does not identify assailant. Criminal procedure – absence of crucial witness and inconsistencies in witness statements undermining prosecution case. Standard of proof – acquittal where identity not established beyond reasonable doubt.
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16 March 1990 |
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An appeal challenging a District Court’s finding about an unadministered estate fails where the appellant did not appeal the trial court’s ruling.
Probate/administration – dispute arising from unadministered deceased estate – interested parties may institute probate/administration proceedings to determine rightful heir. Finality and appealability – trial court’s reservation that other interested parties could challenge inheritance meant the District Court’s holding was not a different, appealable error. Procedural point – failure to appeal trial court’s determination to the District Court precludes raising that challenge later in a higher court.
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15 March 1990 |
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Plaintiff failed to prove defendants’ negligence in a hired lorry overturning; claim dismissed with costs.
Tort—Negligence—Hirer of vehicle—Liability for accident when hired lorry overturns—Evidence of road conditions, vehicle condition and driver conduct—Burden to prove negligence; failure to do so results in dismissal.
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15 March 1990 |
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Court convicted the applicant of attempted murder by poisoning based on circumstantial evidence and a voluntary extrajudicial confession.
Criminal law – Attempted murder by poisoning – Circumstantial evidence and extrajudicial confession – Voluntariness inquiry – Retraction alleging assault rejected – Conviction and 15-year sentence.
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14 March 1990 |
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A conviction based solely on single-witness identification in poor nocturnal conditions was unsafe and was quashed.
Criminal law – Identification evidence – Single-witness identification at night and in poor lighting – Requirement for corroborative/circumstantial evidence before conviction. Criminal procedure – Appeal – Safety of conviction where identification evidence is doubtful. Alibi – Effect of alibi supported by co-workers on the prosecution’s case.
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13 March 1990 |
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Conviction for theft quashed where prosecution failed to prove asportation and intention to permanently deprive beyond reasonable doubt.
Criminal law – Theft – Elements of theft: asportation and intention to permanently deprive – Prosecution must prove elements beyond reasonable doubt; illogical or unsupported transfer narratives undermine conviction.* Evidence – Credibility and consistency – Where evidence establishes lawful repair and return of property, theft not proved.* Appeal – Insufficient evidence justifies quashing of conviction and setting aside sentence.
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13 March 1990 |
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The applicant’s false statement amounted to obtaining money by false pretences, not cheating; conviction substituted on appeal.
Criminal law – Distinction between cheating (s.304 Penal Code) and obtaining money by false pretences (s.302 Penal Code) – cheating involves artifice or device; a straight false statement amounting to false pretences. Appellate powers – substitution of conviction under section 306(3) Criminal Procedure Act. Appeal – appellate restraint where trial magistrate’s factual findings are adequately supported.
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13 March 1990 |
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Contradictions and lack of corroboration of the dying declaration led to acquittal for want of proof beyond reasonable doubt.
Criminal law – Murder charge; sufficiency of evidence; reliability and corroboration of dying declaration; inconsistencies in witness testimony; flight as circumstantial evidence; benefit of doubt and acquittal.
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12 March 1990 |
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Contradictory evidence and an uncorroborated dying declaration meant the accused could not be convicted beyond reasonable doubt.
Criminal law — Murder: adequacy of evidence; dying declaration and need for corroboration; contradictions in witness testimony; identification issues; flight/absconding not conclusive of guilt; benefit of doubt and acquittal.
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12 March 1990 |
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Appeal dismissed: admission plus recovered, identified meat supported conviction; five-year statutory minimum sentence upheld.
Criminal law – cattle theft – sufficiency of evidence – admission/confession coupled with recovery and identification of meat – sentence – statutory minimum not interfered with on appeal.
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10 March 1990 |
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Appeal allowed: lower courts erred by deciding on limitation and documents without evaluating all evidence and witness credibility.
Property – disputed forest land – alleged sale by vendor – authenticity and sufficiency of photocopied sale document – assessment of oral testimony and witness credibility – application of limitation law – appellate intervention where lower courts relied solely on documents and limitation without evaluating all evidence.
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9 March 1990 |
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A resident magistrate lacked jurisdiction over a rent-restriction dispute which properly belonged to the Regional Rent Tribunal.
Rent Restriction Act – jurisdiction – disputes over occupancy and rent in declared rent-restricted areas fall to the Regional Rent Tribunal, not ordinary Resident Magistrates. Jurisdictional defect – proceedings and judgment by a court lacking jurisdiction are nullities and liable to be set aside.
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9 March 1990 |
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Appellant’s prolonged stay away from duty to play football was held authorised, entitling him to unpaid salary arrears.
Employment — entitlement to wages — absence from duty station while playing for local sports club — whether absence authorised by employer’s agents — tacit authorisation and lack of discipline imply permission — appeal allowed and salary arrears awarded.
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9 March 1990 |
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Appellate court affirms lower courts’ finding that respondent holds title/possession of disputed land; appeal dismissed.
Property — land dispute — title and possession — assessment of witness credibility — appellate deference to factual findings.
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8 March 1990 |
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The appellant succeeds: appellate court improperly disturbed the primary court’s credibility‑based dismissal of the respondent’s cattle claim.
Civil procedure – appeal – interference with trial court findings – appellate court must demonstrate misdirection or misconstruction before disturbing credibility-based factual findings; Evidence – burden to prove entrustment and improbability of asserted reproduction of livestock; Credibility and evaluation of oral testimony.
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8 March 1990 |
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Appellate court reversed District Court for failing to consider totality of evidence; unproduced will not decisive in livestock ownership dispute.
Property/evidence — dispute over ownership/possession of livestock — weight of oral testimony on possession; Probate/evidence — unproduced/unsigned will not decisive unless properly proved; Appellate review — duty to consider totality of admissible evidence and assess witness credibility.
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7 March 1990 |
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Conviction for theft quashed where evidence was uncertain, complainant absent and possible planted exhibit raised reasonable doubt.
Criminal law – theft – sufficiency of evidence – proof beyond reasonable doubt; absence of complainant/owner evidence; reliability of exhibits and risk of planting. Evidence – chain of custody and provenance of exhibits; probabilities and reasonable doubt in criminal cases. Appeal – safety of conviction where material facts are uncertain or unproved.
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6 March 1990 |
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Appellant’s conviction for stealing part of a consigned delivery upheld on documentary and corroborative evidence.
Criminal law – Theft/stealing by servant – Whether failure to deliver part of a consignment collected as employee constitutes stealing. Evidence – Documentary evidence (consignment notes, crate pass notes, delivery records) corroborating oral testimony. Evidence – Recovered property linking accused to misappropriated goods; inconsistencies in witness evidence insufficient to raise reasonable doubt.
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6 March 1990 |
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The applicant’s appeal dismissed; the complainant’s credible single-witness account sustained robbery with violence despite failure to call arresting officers.
Criminal law – Robbery with violence – Elements proved by single credible witness; corroboration not always necessary. Evidence – Assessment of credibility – consistency and circumstances can render single testimony sufficient. Procedure – Failure to call arresting officers – not fatal where accused admits arrest and no miscarriage of justice shown. Appeal – Appellate interference with trial findings requires demonstration of miscarriage or unreasonable findings.
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6 March 1990 |
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Primary court’s equitable distribution restored where male heir had appropriated estate income, district court’s change set aside.
Intestate succession — Islamic law shares — male ordinarily entitled to larger share than female; trial court may adjust distribution where an heir has appropriated estate income. Evidence and factual findings — appellate court should not disturb primary court’s factual findings supported by evidence. Equity in distribution — appropriation of income can justify deviation from strict statutory shares.
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6 March 1990 |
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Appellant's cattle‑theft conviction quashed because visual identification was unreliable and purchaser's receipt named a different seller.
Criminal law – Visual identification – Evidence of visual identification is weak and requires elimination of all possibilities of mistaken identity before conviction. Criminal procedure – Adequacy of police investigation – Failure to trace person named on purchaser's receipt undermines prosecution. Proof beyond reasonable doubt – Discrepancy between receipt name and accused's name negates reliability of identification. Remedies – Conviction quashed, sentence and compensation order set aside; detainee to be released. Penal provisions – Section 268(1) (as inserted) prescribes up to 15 years for certain animal theft offences.
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6 March 1990 |
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5 March 1990 |
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Oral evidence that money was sent does not, without clearer proof, establish ownership or a resulting trust in disputed land.
Property law – disputed ownership of land – whether oral evidence proved money sent was used to purchase land – presumption of resulting trust – standard of proof on balance of probabilities.
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2 March 1990 |
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A sale of a clan holding by a female head without authority is void and transfers no title to the purchaser.
Customary land – clan holding – sale by female head – Rule 20 of Customary Law Declaration (G.N. No.436/63) – sale null and void – purchaser acquires no title; extension of time to appeal discretionary but substantive defect fatal.
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2 March 1990 |
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Conviction for theft upheld on reliable identification; mandatory minimum sentence set aside for lack of evidence of property value, sentence reduced.
Criminal law – identification of stolen property – reliability of marks and serial number and recent possession doctrine. Criminal procedure – production of exhibits in court – presence of object does not necessarily taint identification if witness testimony and circumstances establish identity. Sentencing – Minimum Sentences Act s.5(d) – prosecution must prove value of property before mandatory minimum sentence can be imposed; charge sheet is not evidence.
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2 March 1990 |
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Conviction quashed where prosecution relied on uncorroborated interested witness and failed to positively link goods to the theft.
Criminal law — Evidence — Interested witness — evidence of an interested witness must be approached with caution and requires independent corroboration. Theft — Identification of stolen property — positive evidence required to link goods found with accused to goods stolen. Appeal — Conviction unsafe where reliance is on uncorroborated interested witness.
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2 March 1990 |
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Insufficient evidence of exclusive title; disputed strip found to be no-man's-land and parties directed to seek village/government division.
Land dispute – ownership of strip of land between adjoining farms – insufficiency and inconsistency of witness evidence – value of locus visit – finding of no-man's-land and referral to village/government for equitable division.
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1 March 1990 |
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Convictions based on speculative inference of exclusive opportunity to steal from a locked store were unsafe and quashed.
Criminal law – Theft by persons in public service – Sufficiency of evidence – Exclusive opportunity doctrine – Inference of guilt from access/opportunity must be supported by cogent, conclusive evidence; mere suspicion or possibility is insufficient.
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1 March 1990 |
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Appeal allowed for first appellant; store‑breaking convictions substituted with receiving stolen property and three‑year sentences confirmed.
Criminal law – Store‑breaking and stealing (s296(1) Penal Code) – Insufficient evidence to sustain conviction – Substitution of conviction for receiving stolen property (s311 Penal Code) under s388 Criminal Procedure Act – Application of Minimum Sentence Act, 1972 where value uncertain – Restoration of recovered exhibits and setting aside compensation order.
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1 March 1990 |
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A husband who intentionally causes marital breakdown is not entitled to recover dowry; conditional award quashed.
Customary law – Dowry (bridewealth) – Application of Declaration of Customary Law (G.N. 279/63) s.59 – Court may order part or no return of dowry where husband intentionally causes separation. Evidence – Civil standard (balance of probabilities) – finding that husband deserted/chased wife away sustainable. Civil procedure – Appeal against reduction/conditional dowry award – appellate court quashes conditional award and dismisses appeal.
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1 March 1990 |