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48 judgments found.
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March 1991
A conviction based mainly on uncorroborated testimony of an interested co-accused cannot be sustained.
Criminal law — Stealing by servant — conviction largely based on testimony of an interested co-accused
27 March 1991
An appellate court will not disturb an acquittal based on credibility findings of a trial court absent clear justification.
Criminal law — appeal against acquittal — credibility findings of trial court — appellate deference where prosecution rests on single witness whose testimony was assessed by trial magistrate
20 March 1991
Appeal dismissed; court upheld assault damages award and ordered enforcement steps, including notifying the respondent’s estate.
Appellate practice — appeals originating from Primary Court — Effect of absence of appellant’s appeal on damages award
Probate law — Administration of deceased estates — Requirement to summon administrator or heir and certify compliance
Tort — Assault and damages — Compensation awarded in previous criminal proceedings
20 March 1991
Conviction for dealing in Government trophies upheld; alternative conviction quashed and sentence reduced to five years.
Criminal law — Unlawful possession of government trophies — Burden on accused to prove object not trophy (Wildlife Conservation Act s 70(3)(d))
Criminal procedure — Alternative counts — No finding should be made on an alternative count once convicted on another
Evidence — Admissibility of documents — Section 88(1)(b) Evidence Act 1967 — Rebuttable presumption of genuineness and correctness of official reports
19 March 1991
Removal of discarded scrap without permission does not alone sustain a conviction for stealing by a servant; conviction quashed.
Criminal law
— Theft by servant — Disposal of employer's property without consent — Whether taking discarded useless material without express permission constitutes theft
— conviction and sentence — Quashing of conviction and setting aside of sentence — Whether conviction based solely on lack of permission is sustainable
19 March 1991
Accused who admitted killing was found not guilty by reason of insanity due to sufficient evidence and unreliable psychiatric reports.
Criminal law — Defence of insanity — Standard of proof: preponderance of evidence — Admissibility and reliability of psychiatric reports
19 March 1991
A concubine may recover reasonable compensation for contributions despite no lawful marriage; trial court must assess witness credibility.
Family law
— Cohabitation/concubinage — restitution/unjust enrichment — cohabitee’s right to compensation for contributions despite absence of lawful marriage
— Evidence and credibility — appellate review where trial court failed to assess witness credibility
— Quantification — global award permissible where detailed proof of value lacking
19 March 1991
Insufficient and inconsistent evidence of robbery; conviction quashed and substituted with common-assault sentence, compensation set aside.
Criminal law — alternative verdict of common assault
— compensation order unsupported by evidence
— Substitution of sentence
Criminal law — Robbery — Proof beyond reasonable doubt — Contradictory witness accounts and implausible conduct undermining robbery charge
19 March 1991
18 March 1991
Conviction upheld but sentence found manifestly excessive for failure to consider guilty plea and mitigation.
Criminal law
— Conviction — Validity — Conviction upheld despite erroneous sentencing
— Sentencing principles — manifestly excessive sentence — Failure to consider guilty plea and contrition
18 March 1991
A voluntary extra‑judicial confession can sustain conviction despite weak identification; appeals dismissed and sentences upheld.
Criminal law — Extra-judicial confession
— role of corroboration
— voluntariness
— whether a court may convict on confession alone
Criminal law — Robbery with violence — Identification evidence
— admissibility and reliability of identification parade
— role of conditions at scene (darkness, panic, torches)
Criminal law — sentencing — Statutory minimum sentences
18 March 1991
Court imposed statutory five-year sentences despite accuseds' family dependents, applying the Minimum Sentences Act 1972.
Criminal law — sentencing — Mitigating factors (dependent children, aged/disabled relatives)
18 March 1991
Dispute whether respondent inherited disputed land, whether applicant’s father was mere caretaker, and whether the claim was time‑barred.
Land law
— Evaluation of oral evidence — credibility of long‑standing cultivation and caretaker testimony
— Limitation of actions — twelve‑year period for land claims and accrual when ownership is asserted
— Ownership and inheritance — whether caretaker holds title
— Probate evidence — distribution order does not establish title to specific disputed parcels unless identified
16 March 1991
Appellate court affirms lower courts' finding of paternity and confirms a maintenance order of 500 per month.
Family law — Paternity — Evidence of sexual intercourse and timing of conception as basis for finding of paternity — Appellate restraint in upsetting concurrent findings of fact by trial and district courts — Maintenance
15 March 1991
An appeal against a cattle-theft conviction was dismissed; prosecution proved the applicant’s guilt beyond reasonable doubt and sentence was upheld.
Criminal law — theft of cattle — Identification evidence — Eyewitness account of driving cattle and distinctive brand marks on ears — Proof beyond reasonable doubt required to sustain conviction
Criminal procedure — Appeal against conviction and sentence — Appellate court will not disturb trial court findings where evidence is credible and sentence reasonable
15 March 1991
Appellate court erred in reversing trial court's credibility findings; trial court judgment restoring land ownership reinstated.
Land law — Land allocation — conflicting oral testimony on village allocation (1971) versus later clan claim (1973) — appellate review of credibility — deference to trial court's assessment of demeanour and witness credibility
15 March 1991
Acquittal where circumstantial evidence and testimony of interested witnesses lacked sufficient corroboration to exclude reasonable doubt.
Criminal law — Circumstantial evidence — Conviction for murder without discovery of the body — Circumstantial evidence required to exclude reasonable doubt
Criminal law — identification evidence — Visual identification
— reliability and assessment
— Visual identification by firelight and in conditions of fear/distance
Criminal law — interested witnesses — Whether testimony of interested witnesses (confessed accomplices promised non‑prosecution) requires independent corroboration
15 March 1991
A court may appoint an administrator but should not itself determine estate distribution; administration and customary processes must govern.
Jurisdiction — Pecuniary jurisdiction — Value of property or registration of land does not oust court’s competence to appoint an administrator in probate proceedings
Probate law — appointment of administrator
— Court’s function limited to appointment
— distribution and heirship matters to be handled by administrator and customary processes
14 March 1991
Ownership dispute over livestock is a civil matter; criminal conviction for stealing by agent quashed for lack of proof.
Criminal law — Stealing by agent — Distinction between criminal theft and civil dispute over entrusted property — Where ownership is in dispute, criminal proceedings inappropriate and civil suit is proper
Criminal procedure — Burden of proof — trial magistrate erred in shifting burden onto accused — Improper shifting of burden to accused undermines conviction
14 March 1991
Threats causing victims to flee and drown established causation, but malice aforethought was not proved—convicted of manslaughter.
Criminal law — distinction between murder and manslaughter
— causation where threats cause victims to flee and drown
— defence of property and excess of force
— evidential weight of eyewitness, autopsy and contradictory alibi
— proof of malice aforethought
14 March 1991
Admission to replace or pay for entrusted cattle constitutes liability and supports recovery; district court reversal was set aside.
Tort — tortious damage to property — Liability for loss of entrusted animals — Effect of admission/offer to replace or pay
14 March 1991
Appellant entitled to return of unlawfully seized cattle; collective Baraza, not individual officers, liable to restore them.
Customary law — Property — unlawful seizure and deduction by non‑judicial body — Liability of council versus officers
Evidence — Proof of ownership — sufficiency of descriptive witness evidence and admitted exhibit where no receipt or TRA registration produced
13 March 1991
Repeated physical assaults by the respondent constituted cruelty and established an irretrievable breakdown of the marriage under s.107(2)(a).
Family law — Matrimonial law — cruelty (mental or physical) — evidence of repeated assaults and conduct as proof of irretrievable breakdown — appellate review of district court's reversal of primary court decree
13 March 1991
Appeal allowed: conviction quashed for insufficient evidence and failure to prove the requisite 'specified authority.'
Criminal law
— Elements of offence — Specified authority — Requirement to prove designation of authority for alternative statutory charge
— Evidence — proof beyond reasonable doubt
13 March 1991
Leave to appeal refused as application was time-barred under Court of Appeal Rules; absence in library did not excuse delay.
Civil procedure — Court of appeal rules 1979 — time limit for filing application for leave to appeal (14 days)
— application filed outside prescribed period is time-barred
— dismissal for non-appearance
— protection of court procedure and schedules
— reason of being in library to fetch authorities not sufficient to set aside dismissal
12 March 1991
Seizure of respondent's cattle as self-help was unlawful; appeal dismissed and lower court decision upheld.
Appellate practice — Appellate review of factual findings — Deference to trial court where appellant fails to produce sufficient evidence
Tort — Conversion/seizure of livestock — Detention of another’s property
12 March 1991
Appeal allowed where respondent failed to prove recovery/refund claim and lower courts inadequately assessed documentary and oral evidence.
Civil procedure
— Appeal — appellate review of concurrent findings — appellate interference warranted where lower courts fail to consider or reconcile material documentary and oral evidence
— proof on balance of probabilities — burden of proof and credibility of witnesses
12 March 1991
Long abandonment by a prior occupant negates his claim; a later purchaser with credible purchase evidence becomes lawful owner.
Land law — disputes over ownership — purchase supported by oral evidence (payment of one cow and one goat) — abandonment by prior occupant after prolonged absence
— long non‑occupation defeats prior claim
— purchaser who occupies and develops acquires lawful ownership
12 March 1991
An encroacher who knowingly improves disputed land cannot claim compensation; removal of improvements and vacant possession ordered.
Land law — Improvements and compensation — entitlement to compensation for foundations/improvements
— Where ownership affirmed in favour of claimant, offending party must remove/harvest trees and vacate land
— compensation refused
Land law — ownership and encroachment — compensation for unexhausted improvements to avoid unjust enrichment — Claim for compensation where encroacher knew of dispute
12 March 1991
Conviction quashed where nighttime identification in an ambush was unreliable and prosecution failed to prove guilt beyond reasonable doubt.
Criminal law — Robbery with violence — Identification evidence
— acquittal where identification is doubtful
— reliability where attack was a surprise and victims likely in panic
— severity of mandatory sentence requires watertight evidence
— standard of proof beyond reasonable doubt
11 March 1991
Housebreaking conviction quashed for lack of breaking evidence; theft conviction upheld and sentence increased to two years.
Criminal law — housebreaking
Criminal law — mere presence with stolen property does not establish breaking
— appellate court may enhance an inadequate sentence
— theft may be proved by identification and possession of stolen goods
10 March 1991
Additional evidence on appeal is admissible only under Order 39 r.27; absent its exceptions the application is dismissed.
Civil procedure — admission of additional evidence on appeal
8 March 1991
Conviction quashed where weak identification and defective exhibit/custody evidence created reasonable doubt.
Criminal law — reasonable doubt — conviction quashed where identification and exhibit proof unreliable
Criminal law — Theft by public servant
— chain of custody and exhibit registration
— sufficiency of identification evidence
8 March 1991
8 March 1991
Attached cattle were proven to be brideprice of the respondent’s family; appeal dismissed.
Civil procedure — Attachment of property — dispute over ownership of attached cattle — Proof of ownership by oral testimony and corroboration
8 March 1991
Whether fraudulent intent was proved beyond reasonable doubt where a military finance officer retained government funds pending accounting.
Military law — Theft — Whether fraudulent intent proved beyond reasonable doubt where a military finance officer retained and transported government funds pending final accounting — Non-declaration of currency at airport not conclusive of theft — Burden and standard of proof
8 March 1991
Procedural failure to record witness evidence vitiated the trial court’s ownership and eviction findings; widow’s customary residence rights must be respected.
Civil procedure — Irregular judgment — decision delivered without record and in absence of parties — Procedural irregularity vitiating trial court's findings
Customary law — widow’s rights — Right to maintenance and residence under customary law distinct from Marriage Act rights
Succession law — testamentary dispositions — Construction and effect of will on ownership and eviction disputes
8 March 1991
Accused convicted of attempted murder for setting complainant’s house alight; identification and intent to kill proved beyond reasonable doubt.
Criminal law — Attempted murder — Ingredients: unlawful act, commission by accused, and intent to kill
Criminal law — identification evidence
— Reliability of witness identification and allegation of fabrication
— visual and voice recognition at night and corroborative circumstances
Criminal law — sentencing — long remand, mitigation, and suspension of sentence
8 March 1991
Interim injunction refused where no objection proceedings existed and application sought to delay execution of prior decree.
Civil procedure — Interim injunction — partial injunction granted to restrain disposal/alienation/leasing of disputed assets pending trial — No injunction where no pending objection and application is used to delay execution
7 March 1991
Handwriting evidence and a written admission upheld convictions for forgery and theft by servant; sentences confirmed.
Criminal law
— handwriting identification — Alteration of cash sale receipts as forgery — Identification by handwriting evidence and admission
— Theft by servant — inference of fraudulent intent — Evidence establishing intent
7 March 1991
District magistrate lacked jurisdiction to tax costs from a High Court appeal; the taxation and award were quashed.
Civil procedure — Costs — Taxation of costs arising from appeals to the High Court
— Jurisdiction
— taxation quashed
6 March 1991
Reported
Leave to appeal out of time refused where a traditional tribunal lacked jurisdiction and the attachment of property was illegal.
Civil procedure — Customary/traditional tribunal (Baraza la Jadi)
— Costs
— Illegal attachment of property
— lack of jurisdiction to adjudicate theft or award compensation
Civil procedure — leave to appeal out of time — prospects of success as primary consideration
5 March 1991
Omission to record a co-accused’s defence is a substantive procedural defect that vitiates the conviction.
Criminal procedure — duty to record accused’s defence — omission to record defence renders proceedings null and void — procedural irregularity vitiates conviction — remedy: appeal allowed, conviction and sentence set aside
3 March 1991
Conviction for theft quashed where prosecution failed to prove the recovered weighing machine was the complainant’s property beyond reasonable doubt.
Criminal law — Theft — identification of recovered property — Burden of proof on prosecution to prove beyond reasonable doubt that recovered item is stolen property — Insufficient identification (colour differences, no serial numbers) and unreliable documentary receipt render conviction unsafe
2 March 1991
A village cannot lawfully allocate land that falls under another village's jurisdiction; appeal allowed for the appellant.
Land law — Village land allocation — limits of authority of village committees — Whether a village government may lawfully confirm and allocate land falling under another village's jurisdiction
1 March 1991
Applicant prevented by a court clerk showed good cause; court ordered appeal to proceed once record is typed.
Civil procedure — Appeal — good cause for allowing appeal to proceed
Civil procedure — Procedural relief
— appeal to proceed once record of lower courts is typed
— application granted
Civil procedure — Unopposed application — respondent had no reply
1 March 1991
1 March 1991
Accomplice testimony failed to prove robbery and escape, but unlawful possession of a sub‑machine gun under s.8(1) was upheld.
Criminal law
— accomplice evidence and necessity for corroboration — escape from lawful custody
— Robbery with violence
1 March 1991