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Citation
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Judgment date
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| October 1990 |
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The appeal was dismissed for want of prosecution due to the appellant’s persistent non-appearance and failed service attempts.
Civil procedure — Appeal — Dismissal for want of prosecution — Appellant’s persistent non-appearance and inability to effect service justify dismissal.
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22 October 1990 |
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An appeal filed in 1979 was dismissed for want of prosecution after the parties could not be served.
Civil procedure – dismissal for want of prosecution – failure to effect service on parties – returned unserved summonses – prolonged delay.
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22 October 1990 |
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22 October 1990 |
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Particulars must allege dissuasion under s.89C(1); village seizure and penalty for voluntary self‑help contributions were ultra vires.
Criminal law – sufficiency of particulars – s.89C(1) Penal Code – elements require dissuasion from offering services; omission renders charge defective; Village Council resolutions ordering distress and penalties for non-payment of voluntary self‑help contributions are ultra vires; District Commissioner’s approval letters did not authorize compulsory distress; protection of private property under Constitution; self‑help schemes are voluntary, not enforced by compulsory seizure.
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21 October 1990 |
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Reported
Threats alone are insufficient circumstantial evidence to sustain an arson conviction; High Court may revise under section 171.
Criminal law – Arson – Sufficiency of evidence – Threats as circumstantial evidence; threats alone insufficient to prove guilt beyond reasonable doubt. Criminal procedure – Section 171 Criminal Procedure Act – High Court revisional power on committal for sentence; may quash conviction.
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20 October 1990 |
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Trial in absentia valid where accused absconded; absence alone does not nullify conviction if evidence and procedure suffice.
Criminal procedure – trial in absence – where accused absconds or fails to appear through own conduct, court may proceed – section 226(1) Criminal Procedure Act. Right to a fair trial – absence of accused does not automatically vitiate trial if absence is self-caused and evidence supports conviction. Procedural irregularities – imperfections in judgment do not necessarily invalidate conviction where record evidence is credible and sufficient.
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19 October 1990 |
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Long, undisturbed possession plus declaration and acceptance proved an absolute gift; respondent failed to rebut burden, appeal allowed.
Property law – Gift – Elements: declaration by donor, acceptance by donee, delivery of possession – oral gift and occupation can satisfy elements despite absence of written deed or registration. Burden of proof – Party challenging alleged gift bears burden to prove it was not absolute. Possession – Long, quiet, undisturbed possession and improvements support protection of donee’s title. Clan/tribal land – Allegation that gift required clan consent must be proved by party asserting non-consent.
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19 October 1990 |
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A conviction based solely on a co‑accused's confession is unsafe without corroboration; second accused's forgery conviction upheld.
Evidence — Confession of co‑accused — Conviction not to be based solely on another's confession — requirement of corroboration (s.33(1)). Forgery and uttering — presentation of forged cheque and obtaining money by false pretences — proved by circumstantial and direct evidence. Possession and theft — absence of evidence of possession undermines conviction for stealing.
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18 October 1990 |
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Sickness shown by medical evidence can constitute sufficient cause to grant leave to appeal out of time.
Civil procedure – extension of time to file appeal – whether sickness constitutes sufficient cause – admissibility/weight of medical/treatment chit – discretion to verify documentary evidence before rejection.
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18 October 1990 |
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Appellate court upholds primary court finding that respondent proved entitlement to disputed trees; appeal dismissed.
Land/trees dispute; division of family land; credibility of oral testimony; standard of proof — balance of probabilities; appellate review of primary court findings.
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18 October 1990 |
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Conviction quashed where prosecution failed to identify stolen goods and burden of proof was impermissibly shifted to the accused.
Criminal law – possession of stolen property – identification of property – doctrine of recent possession – burden of proof – improper shifting of burden to accused by requiring receipts.
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18 October 1990 |
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Appeal dismissed: identification and credibility findings upheld; alibi unproven and statutory minimum sentences affirmed.
Criminal law – robbery with violence – identification evidence – reliability where complainants knew accused before offence and observed them at the scene. Criminal law – alibi – burden to produce supporting evidence – failure to substantiate alibi justifies rejection. Criminal procedure – appellate review – deference to trial court credibility findings. Sentencing – sentence affirmed as minimum prescribed by applicable statute.
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18 October 1990 |
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Appeal dismissed where appellant failed to prove respondent liable for village settlement payments and did not pursue correct parties.
Civil procedure — liability for local/village settlement payments — requirement to sue correct parties who received settlement (Sungu Sungu/village authorities); insufficiency of evidence to establish defendant’s liability; failure to pursue proper remedy after village-level resolution.
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17 October 1990 |
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The applicant’s conviction was quashed because it rested on hearsay and an uncorroborated retracted confession.
Criminal law – Conviction unsafe where based on inadmissible hearsay and uncorroborated retracted confession; prosecution must call available witness to corroborate. Confession law – Retracted confession requires corroboration, especially where voluntariness is contested.
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17 October 1990 |
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Conviction for school store theft upheld where identification and recent possession linked recovered maize to the theft.
Criminal law – burglary and theft – breaking and entering – identification of stolen goods by prosecution witnesses – pieces of chalk mixed with maize as identifying marks – recent possession doctrine – credibility of witnesses and acceptance of trial court findings.
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16 October 1990 |
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Conviction for possession of 'moshi' quashed where substance lacked expert analysis and guilty plea was equivocal.
Criminal law – unlawful possession of allegedly intoxicating substance – requirement of expert chemical analysis where substance not identifiable by lay eye. Pleas – unequivocal plea — admission of possession of 'piwa' not equivalent to admitting possession of 'moshi'. Statutory construction – absence of definition that 'moshi' includes 'gongo'/'piwa' creates reasonable doubt. Drafting of charges – necessity to use precise statutory wording and legal terms.
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15 October 1990 |
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Appeal allowed: circumstantial and documentary evidence of forged cheques sufficed to overturn the second accused's acquittal and convict him.
Criminal law – fraud/conspiracy/uttering forged cheques – circumstantial and documentary evidence (bank records, cheque book gaps, signature identification) sufficient to overturn an acquittal on proof of participation or knowledge; appeal by DPP against acquittal.
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15 October 1990 |
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Plaintiff awarded repayment of purchase monies where vendor lacked title; general damages not proved.
Contract law – breach of contract; recovery of purchase monies where vendor cannot transfer title – entitlement to repayment; proof required for general damages; ex parte judgment for failure to file defence.
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12 October 1990 |
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Court entered ex parte judgment after defendant failed to file defence; plaintiff awarded amount, interest and costs.
Civil procedure – Default by defendant to file Written Statement of Defence – Leave to prove claim ex parte by affidavit – Entry of ex parte judgment; Remedies – decretal sum, interest, and costs.
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12 October 1990 |
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Trial court misapplied shifted burden; absence of DPP consent made prosecution unlawful, so conviction quashed.
Criminal law — possession of suspected stolen property — shifted evidential burden on accused — accused need only give a reasonable explanation, not prove innocence to an excessive standard. Criminal procedure — search under s.18(1) Criminal Procedure Act — mandatory requirement of DPP consent under s.18(4) before commencing prosecution — failure renders proceedings illegal. Evidence — corroborative receipt and witness testimony can satisfy the required reasonable explanation.
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10 October 1990 |
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Convictions upheld but armed robbery reduced to ordinary robbery; juvenile doubt resolved for first appellant, resulting in corporal punishment and second appellant given 15 years.
Criminal law – Identification – Sufficiency of eye-witness identification evidence; Criminal law – Robbery v. armed robbery – nature of weapons required to attract "armed robbery" minimum; Sentencing – Minimum Sentences Act applicability to juveniles; Children and Young Persons Ordinance – treatment and sentencing of young persons; Corporal Punishment Ordinance – availability of corporal punishment as alternative to custodial minimum for youth.
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10 October 1990 |
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Circumstantial evidence insufficient to convict the respondent where reasonable innocent explanations and shared access existed.
Criminal law – Circumstantial evidence – Must be incompatible with any reasonable hypothesis of innocence before supporting conviction – Exclusive possession of keys not determinative where access by others and no direct evidence.
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10 October 1990 |
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Conviction upheld on unchallenged oral evidence and admission; sentence reduced for youth, first-offender status and part-payment.
Criminal law – Theft by public servant – sufficiency of evidence without formal inventory; weight of complainant’s unchallenged oral testimony; admission and part payment as corroboration – Sentencing – excessive custodial sentence where offender is young, a first offender and has made partial compensation; variation of compensation to deduct prior payments.
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10 October 1990 |
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Appellate court upholds trial court's absolute discharge where provocation from complainant’s adultery justified leniency.
Criminal law – Wounding (s.228 Penal Code) – Discharge instead of punishment (s.15 Penal Code) – Provocation by complainant’s adulterous conduct as mitigating factor – Appellate interference with trial court discretion.
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10 October 1990 |
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Whether the defendant negligently caused the plaintiff's vehicle to catch fire and is liable for loss-of-use damages.
Tort — Negligence — Liability of workshop for damage to customer's vehicle while in custody — Vehicle caught fire during servicing and workshop held negligent. Damages — Loss of use — Court may reject excessive or unreliable hire-rate evidence and award a reasonable sum. Civil procedure — Counterclaim — Storage charges dismissed for lack of evidential basis. Credibility — Assessment of witnesses and inspection reports on balance of probabilities.
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9 October 1990 |
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A voluntary confession to police corroborated by recovery of stolen property can sustain conviction; appeal dismissed.
Criminal law – confession – voluntariness and admissibility of confession to police under Evidence Act. Criminal law – co‑accused confession – conviction cannot rest solely on co‑accused’s confession; requires corroboration. Evidence – recovery of stolen property as corroboration of confessions and identification. Sentence – appellate interference only where manifestly excessive.
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6 October 1990 |
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Prosecution failed to prove unlawful possession of government trophies beyond reasonable doubt; acquittal upheld.
Criminal law – possession of government trophies – proof beyond reasonable doubt – need for reliable, non-contradictory witness evidence and corroboration. Evidence – contradictions in prosecution witnesses and insufficiency of uncorroborated co-accused statements to support conviction. Appeal – appellate court will not interfere where trial court reasonably found prosecution failed to prove the case.
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5 October 1990 |
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Court applied sections 100–101 Evidence Act: oral evidence cannot displace written transfer absent proven exceptions; subject house declared sole property of respondent.
Probate/Administration — Disposition of property reduced to writing — Admissibility of extrinsic oral evidence under Evidence Act sections 100 and 101 — Exceptions (fraud, mistake, illegality, lack of consideration) must be proved — Documentary registry entries carry decisive weight.
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4 October 1990 |
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3 October 1990 |
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Misdirection on burden of proof not fatal where prosecution proves guilt beyond reasonable doubt.
Criminal law – Obtaining property by false pretences – burden of proof; misdirection by trial court irrelevant where prosecution proves guilt beyond reasonable doubt; credibility findings; sentence and compensation appropriateness.
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3 October 1990 |
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Possession of a stolen cow’s skin and corroborative evidence of slaughter supported conviction for cattle theft; appeal dismissed.
Theft – possession of recently stolen property – identification of stolen cattle and recovery of carcass/skin as corroborative evidence; slaughter and sale of carcass as circumstance supporting irresistible inference of guilt; appellate review of credibility and sufficiency of evidence.
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3 October 1990 |
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Conviction quashed where identification evidence was unreliable and prosecution omitted key corroborative witnesses.
Criminal law – Burglary – Identification evidence – Credibility and reliability of eye‑witness identification – Prosecution’s duty to call material witnesses (ten‑cell leader/village chairman) – Reasonable doubt – Conviction quashed on appeal.
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3 October 1990 |
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Reported
Transfer by attorney extinguishing donor’s title invalid without donor’s consent or express authority; appeal dismissed.
Land registration – power of attorney – scope and limits of general power of attorney – transfer extinguishing principal’s title requires express authority; revocation of power executed abroad; notice and effect of revocation; consideration for gifts (natural love and affection) and proof of donor’s consent; rectification of register for fraudulent or invalid transfers.
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1 October 1990 |
| September 1990 |
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29 September 1990 |
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Application to restore a withdrawn appeal dismissed after court finds applicant’s affidavit false and withdrawal made with consent.
Civil procedure – Restoration of appeal – Withdrawal of appeal – Credibility of conflicting affidavits – Whether court should exercise inherent powers to restore withdrawn appeal.
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28 September 1990 |
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Court upheld an appeal withdrawal as valid where counsel’s credible affidavit showed the applicant’s knowledge and consent, dismissing the challenge.
Civil procedure – withdrawal of appeal by counsel – validity and effect of withdrawal – evidentiary weight of competing affidavits – consent of client required and presumed where credible affidavit shows presence and assent.
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28 September 1990 |
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An appellate court should not lightly overturn a primary court’s factual findings; wrongful seizure of livestock warranted restoration of the primary judgment.
Civil procedure — appeal — first appeal court’s power to re-assess evidence — caution required when upsetting primary court findings made after seeing and hearing witnesses; Property — ownership of livestock — gifts at marriage and accretion by breeding — wrongful seizure entitles restitution; Appeal — quashing of appellate decision and restoration of trial judgment; Costs awarded to successful appellant.
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28 September 1990 |
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Robbery conviction quashed; substituted conviction for receiving stolen vehicle based on possession and conduct.
Criminal law – Identification evidence – Sufficiency of identification for robbery convictions – Recent possession of stolen property – Receiving stolen property (section 311(1) Penal Code) – Appellate substitution of conviction and alteration of sentence.
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28 September 1990 |
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Court taxed a contested bill of costs, reducing excessive claims, striking ordinary/unproven items, and fixing total at Shs 15,000.
Costs — Taxation of bill of costs — Excessive claims reduced — Lack of receipts disallows or reduces disbursements — Items ordinarily payable struck off — Court may temper full compensation by parties’ means.
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27 September 1990 |
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Both accused convicted of murder with malice aforethought and sentenced to death for jointly fatally assaulting the deceased.
Criminal law – Murder – Joint attack – Eyewitness credibility – Malice aforethought – Rejection of self-defence where evidence contradicts accused’s version; Sentence: death under section 26(1) Penal Code.
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26 September 1990 |
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Conviction and sentence for stealing by conversion upheld, but forfeiture of money set aside for want of proof of ownership.
Criminal law – theft by conversion – conviction supported by evidence; retracted confession – need for corroboration and availability of corroborative material; retrial (de novo) – only ordered where original trial illegal or defective; sentence – not excessive; forfeiture of property – appellant entitled to benefit of doubt where ownership uncertain.
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25 September 1990 |
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An ambiguous guilty plea and lack of prosecutorial facts rendered the conviction unsafe; proceedings were quashed for rehearing.
Criminal law – revision – conviction on ambiguous plea – requirement that facts be adduced before taking plea. Plea of guilty – must be unequivocal; mitigation asserting accident requires trial and evidence on culpable negligence. Evidence – need for PF3/medical report to establish extent of injuries for conviction and sentencing. Sentencing – s.225 Penal Code (grievous harm) carries custodial maximum; short fine was manifestly inadequate. Criminal Procedure – bail restrictions (s.140(5)(e)) and serious assault considerations. Remedy – proceedings quashed and matter ordered reheard under revisionary jurisdiction.
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24 September 1990 |
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Applicant charged under amended Economic and Organised Crime Act not entitled to bail due to statutory monetary-threshold and security requirements.
Economic and Organised Crime Control Act – bail restrictions where offences involve property above statutory monetary threshold; requirement of cash deposit and security; competence of subordinate courts to grant bail under amended provisions.
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24 September 1990 |
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No binding sale formed for forklift plus spares; plaintiff limited to refund of down-payment; suit dismissed.
Contract formation – sale by tender – offer and acceptance – consensus ad idem on price and scope (forklift v. forklift plus spares) – no binding contract where essential terms unresolved – remedy limited to repayment of deposit.
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22 September 1990 |
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Application for review struck out as time‑barred and incompetent; no error apparent on the face of the record.
Civil procedure — Review — review not an inherent power; available only for errors apparent on the face of the record; limitation period (30 days) — time‑bar renders application incompetent; review vs appeal — appeal is the proper remedy for erroneous decisions; procedural formalities — documents must bear Registrar's signature; counsel's absence and competence of application.
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21 September 1990 |
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Applicant’s application granted: respondent’s appeal deemed withdrawn for failure to institute appeal within prescribed time and no explanation.
Civil procedure – Appeal procedure – Failure to institute appeal within prescribed time – Rule 84(a) Court of Appeal Rules – Notice of appeal deemed withdrawn – Costs awarded for defective prosecution.
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21 September 1990 |
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Whether an appellate court may overturn a Primary Court finding that prior village notice barred compensation for crops.
Administrative/village notices – notice to vacate land – credibility of witness evidence – deference to Primary Court assessors – appellate review of factual findings – compensation for crops harvested after village notice.
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21 September 1990 |
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Gifted land later sold vests title in purchaser; appellant may harvest or be compensated for trees; appeal dismissed.
Land law – gift and transfer of title; sale to purchaser vests full title in purchaser; adverse possession – requirements and opportunity to object; improvements on land – right to compensation or to harvest unexhausted crops/trees; appellate review of findings of fact.
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20 September 1990 |
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Appeal dismissed: married woman's claim to land and crops failed for lack of will and customary inheritance rules, plus respondent's allocation evidence.
Land/inheritance — claim to land tilled by deceased mother; absence of will — evidence requirement; married woman's inheritance rights under customary rules; permanent crops and clan/male inheritance; village allocation as competing title.
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20 September 1990 |
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Circumstantial evidence, including possession of victim’s effects and fatal injuries, established common intention; two accused convicted of murder and sentenced to death.
Criminal law – Murder – Circumstantial evidence – Possession of victim’s property and identifications – Common intention to rob and kill – Alibi and frame‑up defence rejected – Mandatory death sentence for murder.
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20 September 1990 |