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Citation
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Judgment date
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| August 1991 |
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30 August 1991 |
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29 August 1991 |
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Conviction for robbery of a radio cassette upheld; trial court remitted to make compensation order; theft of money not proved.
Criminal law – Robbery with violence – sufficiency and credibility of evidence – identification at scene and medical evidence supporting assault. Criminal law – Party to offence – application of section 22 of the Penal Code where accomplices flee and one accused is apprehended. Criminal procedure – Duty of trial court to make compensation order for property proved to have been stolen – remittance to trial court to make order under section 22(b). Failure to prove alleged theft of money where complainant does not explain how money was taken.
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29 August 1991 |
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Hedge marked the boundary; encroachment established and appeal dismissed with costs.
Land dispute – boundary determination (hedge v. stream); evidence: oral testimony and court’s site inspection; encroachment established; appellate deference to factual findings.
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29 August 1991 |
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Where reconciliation is clearly impossible, a court may decline statutory referral to a Conciliation Board and proceed with a divorce petition.
Family law – Divorce – Application of Law of Marriage Act and Rules as the procedural code for matrimonial proceedings – limited applicability of general Civil Procedure Code provisions. Family law – Conciliation – Section 101 referral to Conciliation Board required only where reasonable prospect of reconciliation exists. Family law – Judicial discretion – Court may decline referral where reconciliation is obviously impossible or extraordinary circumstances exist.
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29 August 1991 |
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A conviction based solely on a co-accused's implicating statement is unsafe without independent corroboration.
Evidence – Confession/implication by co-accused – Section 33(2) Evidence Act 1967 – conviction cannot be founded solely on co-accused's statement without independent corroboration. Criminal procedure – sufficiency of evidence – no case to answer where reliance is on uncorroborated co-accused confession. Appeal – unsafe conviction – quash and set aside where conviction rests on uncorroborated implicating statement.
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28 August 1991 |
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Appellate court quashed robbery conviction for insufficient identification evidence and ordered the appellant's release.
Criminal law – identification evidence – sufficiency of identification evidence to support conviction for robbery with violence. Appeal – appellate review where prosecution does not support conviction – power to set aside conviction and order release.
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28 August 1991 |
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28 August 1991 |
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28 August 1991 |
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Appeal dismissed for failure to prove agreement, claimed expenses, and alleged taking of cattle.
Civil procedure – appeal – appellate court review of factual findings – concurrence with lower courts where evidence does not support claims. Contract/equitable claim – requirement of proof of agreement to payment in kind (two cattle). Claims for reimbursement – burden to prove expenditure. Conversion/trespass to chattels – need for proof that respondent took claimant's cattle.
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28 August 1991 |
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28 August 1991 |
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Appeal allowed where evidence failed to prove breaking-in and identity of stolen books; one related appeal struck off as time-barred.
Criminal law – Office breaking and stealing – proof of breaking-in – requirement for evidence of forcible entry or credible reporting to police. Criminal law – Identification of stolen property – necessity of specific identification linking property recovered to the theft. Appeals – competence – late filing of appeal resulting in striking off.
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28 August 1991 |
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28 August 1991 |
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26 August 1991 |
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Reported
Heavier sentences enacted after an offence cannot be applied retroactively; unlawful adjournments rendered the trial a nullity.
Criminal law – sentencing – retroactivity of increased penalties – constitutional prohibition on heavier penalties than those in force at time of offence; Minimum Sentences Act – prescribes penalties not substantive offences; Criminal procedure – adjournments beyond 60 days without mandatory certificates (s.225(4)) unlawful – unlawful remand and trial nullity; Evidence – unreliable identification and insufficient proof of stolen property.
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26 August 1991 |
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26 August 1991 |
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Conviction for theft set aside for lack of proof of ownership; convicted instead for possession of suspected stolen property and sentenced to three years.
Criminal law — Theft — Insufficient proof of ownership/appropriation — Alternative conviction for possession of property reasonably suspected to be stolen (s.312(b) Penal Code) — Use of s.306 Criminal Procedure Act to substitute conviction — Removal from Minimum Sentence Act 1972 and sentence reduction.
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26 August 1991 |
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Conviction for theft replaced with conviction under section 312(b) where possession proved but ownership and theft not established; sentence reduced to three years.
Criminal law – theft – insufficiency of proof of ownership – where ownership not proved conviction for theft cannot stand; possession of property reasonably suspected to be stolen – section 312(b) – conviction permissible where no reasonable explanation; credibility of alibi; sentencing and effect of Minimum Sentence Act.
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26 August 1991 |
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26 August 1991 |
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Circumstantial evidence proved the on-duty watchman's participation in stealing and concealing a vehicle engine; appeal dismissed.
Criminal law – Circumstantial evidence – sufficiency and inference: whether circumstantial facts can prove guilt beyond reasonable doubt. Criminal liability of an on-duty watchman for theft committed during his shift – knowledge, approval and active participation inferred from conduct. Evidence – concealment by substitution (defective engine) as indicium of guilt.
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26 August 1991 |
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District Court wrongly overturned unanimous Primary Court finding; appellate court restored the Primary Court judgment.
Property/civil procedure – Appeal from Primary Court – Unanimous Primary Court finding – District Court should not reverse without clear justification; standard of review on appeal; burden to produce customary cattle register/documentary evidence; restoration of Primary Court judgment when evidence does not justify disturbance.
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23 August 1991 |
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Where an accused withdraws a guilty plea before sentence, the court must permit trial; failure renders conviction void.
Criminal law – Plea of guilty – Withdrawal of plea before sentence – Accused may withdraw plea at any time before sentence; court must order trial where plea withdrawn. Criminal law – Grievous harm (s.225 Penal Code) – Element of unlawfulness must be proved by evidence. Procedure – Trial magistrate’s failure to permit plea withdrawal renders proceedings void.
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22 August 1991 |
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Appeal dismissed: possession and recovery of stolen cattle supported convictions, sentences and compensation order.
Criminal law – Cattle theft – Recovery and identification of stolen cattle found in accused’s possession – Evidence cogent and corroborated; convictions and five-year sentences affirmed; compensation order upheld.
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22 August 1991 |
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Appeal allowed where prosecution failed to prove watchmen committed theft; mere presence on duty insufficient for conviction.
Criminal law – Theft by public servant – Insufficient evidence where no proof the stolen parts were intact during accused’s duty – Presence on duty at premises where theft discovered not determinative – Prosecution must prove temporal and causal link beyond reasonable doubt.
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22 August 1991 |
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Appellant’s burglary and theft convictions upheld where co‑accused identification and possession of stolen property proved guilt.
Criminal law – Burglary and stealing – Joint participation and liability – Effect of co‑accused’s identification and recovery of stolen property. Evidence – Possession of recently stolen property as corroborative proof of guilt. Credibility – Rejection of defence alleging planting of evidence where prosecution case is overwhelming.
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21 August 1991 |
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20 August 1991 |
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Where land ownership is disputed and prior decisions are not produced, theft prosecutions may be null and retried only after ownership is established.
Criminal law – Theft – prosecution in respect of crops taken from land subject to prior civil/customary disputes – requirement to produce prior determinations of ownership before criminal trial. Civil procedure/land law – Temporary injunction preserves status quo; does not confer title on non-parties. Defence – bona fide claim of right arising from unresolved ownership dispute can defeat theft charge. Relief – retrial ordered; prior proceedings quashed where material ownership determinations absent.
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20 August 1991 |
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Plaintiff failed to plead facts (employment, ownership or possession) necessary to hold the second defendant vicariously liable; that part of the plaint was rejected with costs.
Civil procedure – pleadings – sufficiency of particulars – whether plaint discloses cause of action against party alleged vicariously liable. Vicarious liability – requirements – ownership, possession, employment or agency must be pleaded and proved to attach liability for driving a vehicle. Rejection of plaint – court may reject portion of plaint that fails to disclose a cause of action under the Civil Procedure Code.
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20 August 1991 |
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The applicant’s claim of 171 omitted trees failed for lack of identification and independent evidence; appeal dismissed with costs.
Property damage – trees – necessity of identifying subject matter on site – requirement to call independent evidence to establish omission from prior suit – appellate deference to trial court’s inspection and findings.
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16 August 1991 |
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Appeal against cattle-theft convictions and six-and-a-half-year sentence dismissed; joint unlawful possession and recent possession findings upheld.
Criminal law – Theft of cattle – evidence of recent possession and identification – joint unlawful possession established; defence of mere assistance rejected. Appeal – factual findings and credibility assessments by trial court entitled to deference; sentence not manifestly excessive.
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16 August 1991 |
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Where no authority to reallocate land exists, prior ownership remains despite lack of physical possession; failure to frame issues non-fatal.
Land law – ownership v. possession – village committee allocation of land – whether committee had authority to reallocate; Civil procedure – failure to frame issues – irregularity not fatal if issues understood and evidence taken; Appeal – confirmation of first appellate court where record supports respondent’s ownership.
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16 August 1991 |
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Default judgment entered for the plaintiff where the defendant failed to file a written statement of defence; interest and costs awarded.
Civil procedure – Default judgment – Defendant's failure to file written statement of defence – Entry of judgment under Order VIII rule 14, Civil Procedure Code 1966; award of interest and costs.
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16 August 1991 |
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Plaintiff proved claim for two cattle; corroborated evidence upheld and appeal dismissed with costs.
Property recovery – movable property (cattle) – sufficiency and corroboration of evidence – appeals: appellate court will not overturn trial findings where plaintiff’s evidence is strongly corroborated and defendant’s denial lacks merit.
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15 August 1991 |
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Reported
Conviction on uncorroborated co‑accused evidence unsafe; sentencing below mandatory minimum unlawful.
Evidence — conviction unsafe where based on uncorroborated testimony of an interested co‑accused (s.33 Evidence Act 1967); Sentencing — mandatory minimum under Minimum Sentences Act 1972 cannot be reduced by remand time; s.172(2)(c) Criminal Procedure Act 1985 allows remand time as mitigating consideration between minimum and maximum only.
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14 August 1991 |
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Reported
Conviction for criminal trespass overturned due to disputed land ownership; remedy directed to civil court.
Criminal Law – Criminal trespass – Ownership dispute of property – Defense of bona fide claim of right – Proper remedy in civil court.
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14 August 1991 |
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14 August 1991 |
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Appeal dismissed: credibility of prosecution witnesses sustained conviction for vehicle theft; sentence upheld; no evidence of vehicle value for compensation.
Criminal law – Theft of motor vehicle – Sufficiency of evidence – Credibility findings of trial court entitled to deference; sentencing – appellate interference limited; compensatory orders require proof of value.
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14 August 1991 |
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Appeal against theft conviction dismissed; circumstantial evidence sufficient and restitution order varied to require immediate refund.
Criminal law – theft of vehicle spare parts; admissibility/weight of confession obtained before non-judicial persons; sufficiency of circumstantial evidence (guarding a fenced compound); restitution — timing of return or compensation.
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14 August 1991 |
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Court dismissed the applicant’s appeal, holding provocation inapplicable and confirming conviction, sentence and compensation for grievous harm.
Criminal law – Assault causing grievous harm; defence of provocation; admissibility of PF3 medical form; sufficiency of evidence to uphold conviction and compensation.
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14 August 1991 |
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Appellate court upheld trial court, finding appellant failed to prove crop loss or the asserted valuation and lacked credibility.
Appeal – assessment of credibility and findings of fact – proof of damages and valuation of crop – appellate deference to trial court’s factual findings.
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13 August 1991 |
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Appellant’s exclusive custody of a safe key and disappearance of money upheld conviction; seven-year sentence reduced to three years.
Criminal law – Theft – Circumstantial evidence – Sole custody of main key to a safe and disappearance of money from inner chamber – sufficiency to infer guilt. Criminal procedure – Appeal against sentence – whether maximum sentence was excessive and appropriate reduction on appeal.
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13 August 1991 |
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Identification and recent-possession evidence supported conviction for cattle theft; appeal dismissed and sentence upheld.
Criminal law – Theft of cattle – Identification evidence – Opportunity to observe and subsequent identification by witnesses. Criminal law – Recent possession – Found driving cattle one day after theft – doctrine properly applied. Sentencing – Six and a half years’ imprisonment – not excessive.
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13 August 1991 |
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Appellant failed to prove that forty cattle formed part of the estate; claim speculative and appeal dismissed with costs.
Inheritance dispute – livestock – burden of proof in primary court – speculation and multiplication of stock insufficient as proof – additional evidence failing to corroborate claim – appeal dismissed with costs – further appeal subject to leave and certification of point of law.
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13 August 1991 |
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13 August 1991 |
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13 August 1991 |
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Alibi inadmissible for lack of statutory notice, but prosecution’s failure to prove ownership and delivery sustains acquittal.
Criminal law – stealing by agent – alibi – non-compliance with s.194(5)–(6) Criminal Procedure Act deprives alibi of weight; prosecution must still prove ownership and delivery of goods beyond reasonable doubt; absence of receipts, records or credible witnesses may render the prosecution case doubtful.
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12 August 1991 |
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Conviction for shooting causing actual bodily harm upheld; five-year sentence reduced to three years due to excessiveness.
Criminal law – Assault causing actual bodily harm – Sufficiency of evidence to prove shooting – Justification/self-defence – Sentencing discretion – Reduction of excessive maximum sentence where offender has no previous convictions.
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12 August 1991 |
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A talaq under Islamic rites does not legally dissolve marriage; only a court decree can effect divorce under the Law of Marriage Act.
Family law – Law of Marriage Act, 1971 – effect on Islamic talaq – where the Act makes provision, civil law supersedes religious rules; talaq void for legal dissolution of marriage. Marital status – only a court decree can terminate marriage under the Law of Marriage Act.
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12 August 1991 |
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Under the Law of Marriage Act 1973, Islamic talaq does not dissolve marriage; divorce requires a court decree.
Law of Marriage Act 1973 – effect on Islamic talaq – talaq void where Act applies – marriages dissolvable only by court decree.
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12 August 1991 |
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Visual identification corroborated by recovered property upheld conviction and statutory thirty-year sentence affirmed.
Criminal law – Robbery with violence – visual identification by witnesses – corroboration by recovery of stolen goods and appellant leading police to recovered items – conviction upheld. Criminal law – Sentencing – statutory minimum sentence for armed robbery (1989 amendment) – thirty years upheld as appropriate.
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12 August 1991 |