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Citation
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Judgment date
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| January 1991 |
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Appeal dismissed: evidence supported theft conviction; right to cross-examine was respected and sentence not excessive.
Criminal law – Theft – Possession of stolen property – Finding of possession after property moved from bedroom to sitting-room constitutes strong evidence supporting conviction. Criminal procedure – Right to fair trial – Opportunity to cross-examine prosecution witnesses – Trial record may rebut claims of denial of cross-examination. Sentencing – Sentences held not excessive where offender is a repeat/common thief and offence is serious to the community.
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31 January 1991 |
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Reported
Conviction for dangerous driving quashed where speed was not proved and a sudden emergency arose from the deceased’s conduct.
Road Traffic Act – causing death by dangerous driving – sufficiency of proof of speed – opinion evidence inadmissible to establish speed without sufficient data (Daya v Republic) – objective test for dangerous driving – sudden emergency defence – benefit of doubt.
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31 January 1991 |
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Appellant failed to prove respondent inherited or received dowry payments; appeal dismissed with costs.
Family law – dowry/payments – recovery of dowry after death of intended groom’s kin; proof of heirship and receipt; appellate review of factual findings.
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30 January 1991 |
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Applicants charged with theft granted bail unopposed, subject to bond and two sureties each.
Criminal procedure – bail application – bailability of offences (office breaking and stealing; receiving stolen property) – adequacy of sureties – conditions for admission to bail (bond amount, number and liability of sureties, required appearances).
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30 January 1991 |
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A principal may recover payments made through his agent; appeal partly allowed and sh.70,000 refunded.
Contract law — Agency — Disclosed/undisclosed principal — Contracts and obligations arising from acts of an agent enforceable against third parties (s.178 Law of Contract Act) — Recovery of payments made through an agent — Evidential value of admission and eyewitness testimony.
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29 January 1991 |
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Appellant's inadequately pleaded alibi and recent-possession evidence upheld conviction; appeal against conviction and five-year sentence dismissed.
Criminal law – shop breaking and stealing – conviction based on recent possession and identification of stolen goods; credibility of co-accused witness. Criminal procedure – alleged denial of opportunity to call defence witnesses – trial record and absence of sworn challenge to record. Defence of alibi – requirements under s.194(5)–(6) and consequences of non-compliance. Sentencing – minimum sentence upheld.
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29 January 1991 |
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Minimal contribution justified only monetary award equal to sewing machine value; appeal dismissed.
Family law – division of matrimonial assets – assessment of parties' contributions – entitlement to monetary compensation where awarded physical item is unavailable.
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29 January 1991 |
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Where prosecution evidence is confused and defence uncontradicted, accused must receive benefit of doubt and be acquitted.
Criminal law – Theft by servant – Burden to prove guilt beyond reasonable doubt – Uncontroverted defences (leak, sale by another, defective measuring/recording) and confused prosecution evidence warrant acquittal.
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22 January 1991 |
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Conviction under s.312 quashed where appellant gave a reasonable explanation and discharged the statutory burden of proof.
Penal Code s.312 – possession of property suspected to be stolen – burden shifts to accused to give reasonable explanation – standard: balance of probabilities – sale agreement and seller's evidence can discharge burden; distinction from receiving stolen property.
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22 January 1991 |
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21 January 1991 |
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High cash‑bail conditions for economic offences held constitutional; bail granted subject to substantial cash deposit and stringent conditions.
Bail – Economic offences – Section 35(3)(f) EOCCA (as amended) – Constitutionality – discrimination – presumption of innocence – separation of powers – stringent cash bail valid to secure attendance and deter flight.
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21 January 1991 |
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Statutory Ministerial consent is required to sue a government officer even if the court ordered joinder.
Government Proceedings Act – requirement of Ministerial consent to sue Government officer – mandatory even where court orders joinder. Court orders – cannot override or dispense with statutory requirements. Estoppel – prior appearances by Attorney General do not bar later objection to lack of consent; status cannot be estopped. Civil procedure – change of advocate; formal withdrawal is practice/courtesy; new counsel permitted but pleadings may be amended only after statutory consent obtained.
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17 January 1991 |
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Respondent's acquittal upheld because animus furandi was not proved beyond reasonable doubt.
Criminal law – theft by agent – burden of proof; discrepancies in prosecution evidence; credibility findings on appeal; animus furandi and colour of right; weight of caution statements under Criminal Procedure Act.
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17 January 1991 |
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Appeal dismissed: identification, admissibility of child evidence, and elements of attempted robbery proved; alibi failed statutory requirements.
Criminal law – attempted robbery – elements: overt act and intent – demand for money while armed constitutes overt act establishing attempt. Criminal evidence – identification – close-range observation under electric lighting and prior acquaintance may suffice; identification parade not always necessary. Evidence of child witness – admissibility under Evidence Act (s.127) and assessment of credibility. Criminal procedure – alibi – statutory notice requirements (s.194(5)-(6)) and consequences of non-compliance.
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17 January 1991 |
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Reported
Civil Practice and Procedure - Leave to appeal out oftime - Application for - Section 14(1) of the Law of Limitation Act, 1971 (Act 10 of 1971).
Civil Practice and Procedure - Execution - Stay of, pending appeal Order 39 rule 5(4) of the Crimmm Procedure Act.
Civil Practice and Procedure - Affidavits — Defects in - Whether curable - Section 95 of the Civil Procedure Code. |
17 January 1991 |
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Reported
Court granted leave to appeal out of time and stay where applicant showed sufficient cause and affidavit defects were curable.
Civil procedure — Extension of time — Leave to appeal out of time — Whether sufficient cause shown under s 14(1) Law of Limitation Act. Civil procedure — Stay of execution pending appeal — Order 30 Rule 5(4) Criminal Procedure Act. Affidavit practice — Requirement to state sources of information — Defects curable under s 95 Civil Procedure Code — Lay litigant considerations. Court’s discretion — Procedural rules as handmaiden of justice, not to defeat substantive rights.
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17 January 1991 |
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Court granted leave to appeal out of time and a stay of execution, finding sufficient cause and curing affidavit defects to do justice.
Appeals — leave to appeal out of time — sufficient cause for extension of time — stay of execution pending appeal — procedural irregularities in affidavits — court’s discretion to relax formal rules for lay litigant — s.14(1) Limitation Act; Order 39 r.5(4) Criminal Procedure Act; s.95 Civil Procedure Code.
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17 January 1991 |
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Appellate court allowed appeals where circumstantial evidence and an unreliable eyewitness made convictions unsafe.
Criminal law – Theft by servant – Sufficiency of circumstantial evidence; witness credibility – conduct during incident; possibility of collusion between witness and accused – conviction unsafe.
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16 January 1991 |
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Conviction based chiefly on uncorroborated accomplice evidence and mis-evaluated alibi was unsafe and quashed.
Criminal law – accomplice evidence – requirement of independent corroboration before convicting on accomplice testimony. Criminal procedure – evaluation of alibi – accused not required to prove alibi; court must assess its reasonableness in the totality of evidence. Recent possession – insufficient without corroboration to link accused to crime.
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15 January 1991 |
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Reported
Civil Practice and Procedure - Proceedings against a corporate body - Court action against the decision of a meeting of an organ of a cooperative union - Whetherproceedings may be instituted against that particular organ
Civil Practice and Procedure -Nonjoinder ofparties - Whether an essential party notjoined to an action may be joined at the stage of formulating the judgment - Order I rule 10(2) ofthe Civil Procedure Code 1966
Administrative Law - Jurisdiction ofan administrative body -Requirement of quorum - Special General Meeting of Cooperative Union transacting business and making decision without having the prescribed quorum - Whether the meeting hadjurisdiction to make valid decisions
Natural Justice - Right to be heard - Committee served with notice of intention to dissolve it fails to deliver its defence to the Registrar as directed - Whether thatfailure amounts to forfeiture of the Committee’s right to be heard - Section 106 ofthe Cooperative Societies Act 1982
Administrative Law -Prerogative Remedies - Certiorari- Whether certiorari is available automatically upon proof of grounds forjudicial review — Factors to be considered by court in deciding to grant certiorari or not
Administrative Law - Prerogative Remedies - Certiorari - Practical effect of certiorari — Order ofcertiorarisought by a party no longer capable of benefiting from it - Whether the court may grant certiorari
Administrative Law - Prerogative Remedies — Certiorari - Practical effect of certiorari - Order of certiorari protecting abstract legality without any tangible benefits - Order of certiorari likely to lead to prolonged dispute and endless litigation - Whether the order will serve public interest and the court should grant it |
10 January 1991 |
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Appellate court upheld conviction for fraudulent misappropriation by a public-service manager and increased sentence to seven years.
Criminal law – stealing by a public officer – sufficiency of audit evidence, bin cards and cash receipts; admissibility and prejudice of uncertified audit photocopy; competence of auditor where qualifications unchallenged; handwriting identification — court's power to form own view without expert report; appellate increase of sentence where original sentence below statutory minimum.
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9 January 1991 |
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Appeal dismissed: minor witness contradictions cured by PF3 and inspection report; convictions for deliberate destruction of crops upheld.
Criminal law – wilful/malicious damage to property – destruction of crops; corroboration by PF3 and field inspection report. Evidence – child witness (section 127 Evidence Act) – procedural compliance and weight of testimony. Evidence – contradictions in prosecution witnesses – materiality and whether they raise reasonable doubt. Remedies – appellate review of trial court’s findings of fact and credibility; when documentary/independent evidence cures testimonial inconsistencies.
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8 January 1991 |
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Where statute allows a fine, courts should ordinarily give the fine option unless justification for its denial is shown.
Criminal law — Sentencing — Where statute provides alternative option of a fine, trial court should allow the fine unless circumstances justify denial; appellate substitution of fine where no justification given.
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4 January 1991 |
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Insufficient evidence that medicines missing from a dispensary were stolen by the appellant; conviction quashed.
Criminal law – Theft – Evidence – Proof of dishonest appropriation – Possession of some medicines at home does not, without more, establish theft; losses attributable to poor monitoring do not substitute for proof of criminality.
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1 January 1991 |
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An appellate court must give adequate reasons before reversing a trial court; unexplained dispossession is quashed and original allocation upheld.
Land law – village land allocation – evidentiary weight of village allocation committee’s decision in land disputes. Civil procedure – appellate review – duty of appellate court to give reasons when reversing trial court findings. Possession/dispossession – appellate dispossession must be based on articulated grounds and evidence.
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1 January 1991 |
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1 January 1991 |
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Conviction for cattle theft upheld on recent possession and co‑accused confession; seven‑year sentence reduced to five years; compensation affirmed.
Criminal law – Cattle theft – conviction upheld on recent possession, identification of hide and co‑accused's confession. Evidence – adequacy where purchaser not called: corroborative witness testimony and discovery of stolen animals sufficient. Sentencing – subordinate court sentencing limits and Minimum Sentences considerations; appellate reduction of excessive term. Compensation – award to complainant for slaughtered animal confirmed.
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1 January 1991 |
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1 January 1991 |
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Possession, sale and serial‑number identification of recovered goods justified conviction; unsupported Customs‑purchase defence properly rejected.
Criminal law – theft and breaking – recovery and identification of stolen property by serial numbers; possession and sale of stolen property as evidence; rejection of an uncorroborated defence of lawful purchase absent documentary proof.
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1 January 1991 |
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Appeal partly allowed: abandoned land held to be public and awarded to respondent; developed paddy‑field returned to appellant.
Land law – abandonment during resettlement operations – lands abandoned under 'operation vijiji' become public land; evidential burden in land recovery actions; allocation by community leaders of public bush for cultivation; relief by possession where land was developed and lent.
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1 January 1991 |
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1 January 1991 |
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1 January 1991 |
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1 January 1991 |
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1 January 1991 |
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1 January 1991 |
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1 January 1991 |
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1 January 1991 |
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1 January 1991 |
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1 January 1991 |
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The Taxing Master taxed the applicant's unreceipted bill at Tsh 7,420, disallowing a 50% addition and preparation costs.
Taxation of costs – unreceipted bill – Rule 40 and Schedules – scale applies only for represented parties – receipts required for allowance – no 50% enhancement – no fee for preparing self-drawn bill.
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1 January 1991 |