|
Citation
|
Judgment date
|
| October 1991 |
|
|
|
18 October 1991 |
|
Conviction for cattle theft upheld on reliable daylight identification and recent possession; appeal dismissed.
Criminal law – Theft – Identification evidence – Visual identification in broad daylight, close proximity and subsequent flight – reliability and weight of testimony. Criminal law – Recent possession – Found with stolen property shortly after theft supports inference of guilt. Criminal procedure – Appeal against conviction and sentence – sufficiency of evidence and appropriateness of statutory minimum sentence.
|
18 October 1991 |
|
|
18 October 1991 |
|
|
17 October 1991 |
|
Appellant failed to prove entitlement to two acres; original owner’s allocation of one acre upheld and appeal dismissed.
Land law – allocation/gift of customary land – proof of quantity granted – credibility of oral evidence – appellate review of Primary Court’s factual finding.
|
17 October 1991 |
|
Appeal dismissed: eyewitness credibility and red-handed possession sufficiently sustained the theft conviction and sentence.
Criminal law – Theft – Conviction based on eyewitness evidence and possession – Caught red-handed. Evidence – Credibility assessment of prosecution witnesses – Absence of ill-will. Appeal – Appellate review of factual findings and sentence – conviction and sentence affirmed.
|
17 October 1991 |
|
Appeal against conviction for depriving property by menaces and three‑year sentence dismissed; prosecution evidence held credible.
Criminal law – Deprivation of property by menaces – sufficiency and credibility of eyewitness and investigating officer evidence. Criminal law – Defence of payment/fees for traditional healing – evidential burden and reasonable doubt. Sentencing – three‑year imprisonment – whether excessive; appellate interference with trial court sentence.
|
17 October 1991 |
|
Appeal allowed to quash theft conviction but substituted with conviction and three-year sentence for receiving stolen property.
Criminal law – Theft vs receiving stolen property – Standard of proof for theft; circumstantial and identification evidence; knowledge/reason to believe requirement for receiving stolen property (section 311(1) Penal Code); sentencing considerations (youth).
|
17 October 1991 |
|
Appellant failed to rebut credible evidence of a 1980 sale; respondent lawfully owns the land; appeal dismissed with costs.
Land law – ownership dispute – whether sale or temporary permission – credibility of witnesses and occupation (building a permanent house) as evidence of ownership.
|
17 October 1991 |
|
Conviction for theft quashed where prosecution evidence was deficient and did not prove guilt beyond reasonable doubt.
Criminal law – Theft – Sufficiency of evidence – Conviction unsafe where prosecution account is uncorroborated and alternative explanations (delay in reporting, intoxication, possible fabrication) cannot be excluded. Criminal procedure – Appeal – Conviction may be quashed where evidence does not establish guilt beyond reasonable doubt. Sentence – When conviction is set aside the sentence is likewise set aside; release ordered if appellant remains in custody.
|
17 October 1991 |
|
Conviction for rape quashed where prosecution failed to prove absence of consent beyond reasonable doubt.
Criminal law – Rape – Requirement to prove absence of consent beyond reasonable doubt – Evidence insufficient to establish non-consent. Appeal – Conviction quashed where essential element of offence not proved. Sentence – Set aside following quashing of conviction; immediate release ordered.
|
16 October 1991 |
|
Rape and assault convictions upheld; conviction under section 143(1) quashed for insufficient proof.
Criminal law – Rape and assault – Identification evidence and medical report corroboration – Principle of party/privy liability where accused locked complainant in premises – Detention under s143(1) – ingredients not proved – Appeal partly allowed.
|
16 October 1991 |
|
Appellants’ challenge to match-lit identification failed; convictions and concurrent sentences for burglary and theft upheld.
Criminal law – Burglary (s.294(1)) and stealing (s.265) – Identification evidence – Reliability of identification by match-light – Credibility of witness – Appeal against conviction and sentence.
|
16 October 1991 |
|
Reported
Conviction for rape quashed where complainant voluntarily consented to intercourse induced by a purported medical/cultural explanation.
Criminal law – Rape – consent – voluntariness – whether consent given under mistaken cultural/medical belief vitiates rape; Evidence – complainant’s testimony of agreement – sufficiency to displace rape charge; Remedies – adultery/civil remedy versus criminal rape prosecution.
|
16 October 1991 |
|
Appeal dismissed; trial court’s acceptance of eyewitness identification and the appellant’s mere denial upheld.
Criminal law – Theft (cattle) – Possession shortly after theft as evidence of guilt – Identification by complainant and arresting witness. Evidence – Credibility and demeanour of witness – Appellate deference to trial court’s findings on credibility. Defence – Bare denial insufficient to rebut prosecution case.
|
16 October 1991 |
|
Five-year sentence for abduction under section 134 was illegal; statutory maximum two years, sentence set aside and release ordered.
Criminal law – Abduction of girl under 16 – section 134 contains no specific penalty – offence treated as misdemeanour – general punishment (section 35) limits imprisonment to two years – custodial sentence exceeding statutory maximum is illegal and is to be set aside; mitigating factors and youth to be considered in sentencing.
|
16 October 1991 |
|
|
16 October 1991 |
|
Conviction for theft quashed due to weak identification; substituted with receiving stolen property and sentence reduced to two years.
Criminal law — Identification of stolen property — Limits of the doctrine of recent possession — Distinguishing theft from receiving stolen property — When substitution of conviction is appropriate — Sentence reduction on substitution.
|
16 October 1991 |
|
Appellant's cattle-theft conviction affirmed on recent possession and eyewitness identification; appeal dismissed.
Criminal law – Theft (cattle) – Recent possession and identification – Eyewitness evidence at cattle market – Statutory minimum sentence – Appeal dismissed.
|
16 October 1991 |
|
|
15 October 1991 |
|
Ownership dispute over ten cattle; court upheld respondent’s ownership and dismissed the appellant’s claim.
Property dispute – Ownership of livestock – Credibility of witnesses – Absence of claim at clan distribution – Admissions by possessor showing ownership; Appellate review of lower courts’ credibility findings; Magistrate’s remark on record insufficiency not automatic ground for retrial.
|
15 October 1991 |
|
Out-of-time appeal refused: illness justified delay but proposed appeal lacked a reasonable prospect of success.
Criminal procedure – application for leave to appeal out of time – illness as good cause for delay – good cause insufficient alone – required reasonable/arguable prospect of success – proposed appeal lacked merit, application refused.
|
15 October 1991 |
|
Civil appeal dismissed for crop destruction; criminal conviction quashed due to unreliable sole witness and jurisdictional defect.
Civil law – tort/trespass to crops – assessment of damage by Field Agricultural Officer; credibility of eyewitnesses; quantum of damages. Criminal law – identification evidence – reliance on sole witness with an interest; need for corroboration; unsafe conviction. Criminal procedure – jurisdictional competence where offence is classified as an economic offence under Economic and Organized Crime Control Act.
|
15 October 1991 |
|
Conviction for stealing by servant quashed where no evidence linked appellant to misappropriation after handing funds to superior.
Criminal law – Stealing by a servant – Liability requires evidence linking accused to misappropriation after delivery of funds to a superior. Evidence – Insufficiency of proof; conviction unsafe where prosecution fails to show participation or control over diverted funds. Appeal – State may decline to support conviction; court may quash conviction if evidence inadequate.
|
15 October 1991 |
|
Reported
A commitment warrant issued by clerical error against an acquitted person is void; immediate release is ordered.
Criminal procedure – Commitment warrants – Clerical error or misnaming – Validity of warrant issued against an acquitted person – Wrongful detention and immediate release. Administrative duty – Duty of care in preparing and signing court commitment documents – Consequences of gross negligence.
|
15 October 1991 |
|
A co-accused's confession alone cannot sustain convictions for others; convictions quashed for lack of corroboration.
Criminal law – confession of co-accused – confession by one accused cannot alone convict others – requires independent corroboration (section 33) – unsafe convictions to be quashed – exercise of revisionary powers under section 373 of the Criminal Procedure Act.
|
15 October 1991 |
|
Acquittal upheld where prosecution failed to prove force or threats required for forcible entry; dispute over ownership is civil.
Criminal law – Forcible entry – Elements: use of force or threats and intention to take possession – Where entry is by consent or ownership dispute, matter is civil not criminal.
|
14 October 1991 |
|
|
14 October 1991 |
|
|
14 October 1991 |
|
Appellant's counsel applied to withdraw a criminal appeal; court allowed withdrawal where respondent raised no objection.
Criminal appeal — Withdrawal of appeal — Applicant represented by counsel — Court permits withdrawal where respondent raises no objection; appellant absent due to release.
|
14 October 1991 |
|
Appellants' convictions upheld; 30‑year sentences illegal because the 1989 sentencing amendment cannot be applied retrospectively.
Criminal law – Robbery with violence – Identification evidence – credibility of complainant and related witnesses – corroboration by independent neighbour. Criminal procedure – Alibi – rejection where strong prosecution evidence exists. Sentencing – Minimum Sentences Act – amendment by Act No.10 of 1989 not retrospective – illegal imposition of increased minimum sentence.
|
14 October 1991 |
|
|
14 October 1991 |
|
Conviction quashed where evidence showed lawful purchase from official distributor despite supplier’s internal irregularity.
Criminal law – possession of suspected stolen property; evidential sufficiency – genuine receipts and witness evidence of purchase from official distributor; administrative irregularity at supplier does not necessarily render completed purchase unlawful; remedy — conviction quashed and fine refunded.
|
14 October 1991 |
|
Possession and concealment of identified stolen goods supported convictions for receiving stolen property; convictions and sentences upheld.
Criminal law – Receiving stolen property (s311 Penal Code) – Knowledge inferred from possession and concealment – Identification of seized items by complainant – Appellate review of factual findings and credibility.
|
11 October 1991 |
|
Appeals dismissed: recent possession and concealment of identified stolen goods justified inferring guilty knowledge; convictions and sentences affirmed.
Criminal law – Receiving stolen property – Recent possession and concealment as evidence of guilty knowledge – Identification of seized items by complainant and guilty co-accused – Appellate review of trial magistrate’s credibility findings.
|
11 October 1991 |
|
Second appeal dismissed: concurrent factual findings on heirship and probate upheld; no misdirection found.
Inheritance law – heirship and estate administration; probate determination – effect of Liwali Court probate; appeals – second appeal limited to questions of law or misdirection on facts; concurrent findings of fact – finality absent clear misdirection.
|
10 October 1991 |
|
Second appellate court refuses to disturb concurrent findings of heirship; appeal dismissed with costs.
Civil appeal — Succession and inheritance — Proof of heirship — Concurrent findings of fact by trial and first appellate courts — Second appellate court will not interfere unless first appellate misdirected itself on evidence; ex parte proceedings where respondent untraceable after service by publication.
|
10 October 1991 |
|
Conviction based on weak identification and recovery of common items was quashed; appeal allowed.
Criminal law — Identification evidence — Complainant unable to describe recovered items specifically — Recovery of common household articles insufficient to prove identity beyond reasonable doubt — Conviction quashed for unsafe identification.
|
10 October 1991 |
|
The accused acquitted where prosecution evidence was contradictory and insufficient under s.293 to require defence.
Criminal procedure — s.293 Criminal Procedure Act 1985 — sufficiency of prosecution evidence at close of case; contradictory witness testimony; insufficiency of suspicion/feud to require accused to enter defence; acquittal.
|
10 October 1991 |
|
|
10 October 1991 |
|
Appellate court upheld conviction based on reliable identification and possession of stolen items despite procedural complaints.
Criminal law – Identification evidence – reliability and admissibility of eyewitness identification; Criminal law – Possession of recently stolen property as corroborative evidence; Criminal procedure – Alleged trial irregularities and fairness on appeal; Appeal – Scope of appellate review of credibility findings.
|
9 October 1991 |
|
|
9 October 1991 |
|
Conviction quashed where circumstantial identification (T‑shirt) was unreliable and the trial court ignored the appellant's alibi.
Criminal law – store breaking and stealing – conviction based on circumstantial evidence – identification of property without distinctive marks – requirement to exclude all reasonable hypotheses of innocence – trial court’s failure to consider alibi – conviction unsafe.
|
9 October 1991 |
|
Conviction based solely on uncorroborated visual identification was unsafe and therefore quashed.
Criminal law – visual identification evidence; reliability of eyewitness identification; Waziri Aman principle; conviction unsafe where sole identification is uncorroborated; quashing of conviction.
|
9 October 1991 |
|
Appeal allowed: circumstantial and identification evidence insufficient; burden of proof remained on prosecution, convictions quashed.
Criminal law – Theft – Circumstantial evidence must exclude reasonable alternative hypotheses – Burden of proof remains on prosecution; accused not obliged to explain possession in theft charge – Identification of alleged stolen property must be sufficiently particularised.
|
8 October 1991 |
|
|
7 October 1991 |
|
|
7 October 1991 |
|
Conviction for burglary and theft quashed where prosecution failed to prove breaking-in or that the property was stolen.
Criminal law — Burglary — proof of breaking and entering — possession of alleged stolen property — assessment of witness credibility — insufficiency of evidence — conviction quashed on appeal.
|
7 October 1991 |
|
Application for extension of time to appeal dismissed because the proposed appeal lacked overwhelming prospects of success.
Criminal procedure — Extension of time to appeal — Delay attributed to prison authorities and late receipt of judgment — Extension refused where proposed appeal lacks overwhelming prospects of success; credibility of eyewitness identification upheld.
|
7 October 1991 |
|
Conviction based solely on hearsay identification was unsafe and thus quashed; appellants ordered released.
Criminal law — Theft — Conviction based on hearsay identification — No direct witness identification — Insufficient evidence — Conviction quashed.
|
7 October 1991 |