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75 judgments found.
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November 1992
Trial conducted after the 60‑day limit without the required certificate under section 225 was unlawful and a nullity.
Criminal procedure — mandatory sixty-day limit on adjournments for offences in the First Schedule
— remedy is quashing conviction and release of accused
— requirement of certificate from Regional Crimes Officer/State Attorney/Director of Public Prosecutions for adjournments beyond sixty days
— trial beyond sixty days without such certificate is unlawful and a nullity
30 November 1992
30 November 1992
An unresolved ownership dispute created reasonable doubt, leading to quashing of convictions for malicious damage and setting aside sentences.
Criminal law
— Malicious damage to property — where subject land ownership is disputed the criminal charge should be stayed pending civil determination — Unresolved ownership dispute may create reasonable doubt and defeat conviction
— Sentence — Custodial sentence — Conviction unsustainable where unresolved factual dispute undermines proof beyond reasonable doubt
30 November 1992
Whether buyer’s refusal to accept goods justified greater refund; court found buyer to blame and limited recovery to the deposit.
Civil procedure — Consent orders — recording of settlement in court
Contract law — performance and breach — party who paid for goods proving entitlement to refund where goods not delivered
30 November 1992
Appeal dismissed where victim and medical evidence proved causing grievous harm beyond reasonable doubt.
Criminal law
— Causing grievous harm — Sufficiency and corroboration of victim and eyewitness testimony
— proof beyond reasonable doubt — Medical evidence (PF3) as corroboration
Criminal procedure — Appeal against conviction — appellate court affirms conviction where trial evidence credible and reliable
27 November 1992
27 November 1992
Reported
The applicant entitled to a partial brideprice refund (two cattle); courts must exercise discretion considering children and marriage duration.
Civil procedure — Allegations of judicial bias — Prior adjudication of combined causes — No bias where error was improper joinder and same findings follow on same facts
Customary law — bride‑price refund — discretion — G.N. 279/1963 paras 52A, 52B and 54
Evidence — Assessment of credibility — trial court preferred on credibility where witnesses were seen and heard
26 November 1992
Customary law — Brideprice — Refund of- Principles
26 November 1992
Court upheld a single eyewitness identification, found common intention and malice, convicted both accused of murder and sentenced them to death.
Criminal law — Murder
— alibi and credibility
— causation of death
— common intention and malice aforethought
— mandatory death sentence
— single eye‑witness identification in daylight
26 November 1992
25 November 1992
Appeal against cattle theft conviction dismissed because unexplained possession and credible identifying witnesses supported the conviction.
Criminal law — theft of cattle — Possession of property shortly after theft — Inference of guilt from unexplained possession
Criminal procedure — Appeal against conviction — Appellant’s failure to give satisfactory explanation for possession
Evidence — Identification and credibility of witnesses — Trial magistrate’s acceptance of unchallenged witness evidence not lightly disturbed on appeal
25 November 1992
Regional Housing Tribunal has exclusive jurisdiction over landlord‑tenant disputes; lower courts lacked jurisdiction.
Jurisdiction — District Land and Housing Tribunal — Whether Primary and District Courts had jurisdiction over landlord — tenant matters — Rent Restriction Act, 1984 vests exclusive jurisdiction in Regional Housing Tribunal
24 November 1992
Whether landlord–tenant disputes fall exclusively within the Regional Housing Tribunal's jurisdiction under the Rent Restriction Act 1984.
Civil procedure — Competence of lower courts — Primary and District Courts have no jurisdiction where statute confers exclusive jurisdiction on Regional Housing Tribunal
Civil procedure — remedy
— parties may proceed before the competent tribunal or court
— proceedings in courts lacking jurisdiction are quashed
Jurisdiction — Rent Restriction Act 1984 vests jurisdiction over landlord — tenant disputes in the Regional Housing Tribunal
Land law — Landlord and tenant law — dispute arising from lessee completing premises and seeking set-off of expenses against rent
24 November 1992
Court granted interim injunction to restrain respondent from harvesting or dealing with disputed estate pending trial.
Interim injunction — preservation of status quo — disputed proprietary rights — trespass and harvesting of crops on disputed land — applicant entitled to protective relief pending main suit.
24 November 1992
Conviction based on uncorroborated co-accused evidence and irregular magistrate continuation was unsafe and thus quashed.
Criminal law — conviction based on uncorroborated evidence of co-accused — requirement of independent corroboration
Criminal procedure — trial continued by a different magistrate — procedural irregularity and sufficiency of record
Evidence — sufficiency and corroboration
24 November 1992
Reported
Administrative law — Orders certiorari and mandamus — Minister of Labour reversing, on appeal to him, a decision of the Conciliation Board — Whether Minister acted without jurisdiction
24 November 1992
24 November 1992
Reported
Failure to use prescribed Form No 10 barred the employer's referral; the Minister's reversal was void and reinstatement restored.
Employment law — Disciplinary procedure — prescribed forms mandatory — minister lacked jurisdiction — certiorari and mandamus to restore conciliation board reinstatement
24 November 1992
Whether improperly admitted confessions and mere possession evidence suffice to convict the applicants of cattle theft.
Criminal law
— Cattle theft — Confession — voluntariness inquiry
— Evidence Act s.31 — discovery statements admissible to prove discovery of fact
— Procedure for perishable seized goods — magistrate to record condition and make disposal order
— sentencing — prevalence of offence relevant but not determinative
— sufficiency of evidence — mere possession of unspecified meat and implicatory statements insufficient for conviction
23 November 1992
The applicant's title confirmed; district court unlawfully reversed High Court and improperly reopened a struck-out suit.
Appellate practice — Appellate jurisdiction — limits of district court power where High Court has already affirmed a decision — illegality of re-opening affirmed matters at lower level
Civil procedure — striking out — preliminary determination based on court records — not necessarily a breach of natural justice
Natural justice — opportunity to be heard — attendance at summoned clan meetings and failure to show denial of opportunity
Probate law — Succession/inheritance — administration of estate — role of clan council in recommending administrator — court may inspect its records to determine whether a clan meeting occurred
20 November 1992
Appellate magistrate lacked power to overturn High Court-affirmed decision; striking out on court records did not breach natural justice.
Probate law — Inheritance
— administration of estate
— appellate limits where matter affirmed by High Court
— clan council nomination
— natural justice
— Primary Court striking out suit by reference to court records
Probate law — proper appellate remedy — restore and remit
20 November 1992
Failure to have assessors and the magistrate sign a unanimous primary court decision nullified proceedings and ordered trial de novo.
Civil procedure
— Appeals — Subsequent appeal premised on nullified judgment is also void — Trial de novo
— Primary Court procedure — Signing of unanimous decision by assessors and magistrate — Government Notice No.2/88 r.3(2)
20 November 1992
Convictions for possession of a stolen bicycle and related offences were set aside as unsafe due to inadequate corroboration and weak evidence.
Criminal law — Theft/possession of stolen property and housebreaking — sufficiency of evidence and requirement of corroboration for admissions/circumstantial proof — appellate review of unsafe convictions
20 November 1992
Appeal allowed: conviction unsafe due to unreliable evidence and uncorroborated testimony; conviction and sentence quashed.
Criminal law — Safety of conviction — reliance on evidence of co‑accused and recovered property — credibility and corroboration — conviction set aside where evidence unreliable
20 November 1992
Confession obtained in presence of militia inadmissible and footmark evidence insufficient, rendering the conviction unsafe.
Criminal law — confession — confession made in presence of militia/non‑police
Criminal law — identification evidence — footmark/impression reliability and linkage to accused
Criminal law — Search and seizure
— involvement of non-police personnel and evidential sufficiency
— Sufficiency of prosecution evidence and safety of conviction
19 November 1992
Appellate court restored primary court divorce, finding district court wrongly ordered retrial after unjustified delayed appeal.
Divorce law; appeal; leave to appeal out of time; delay and credibility of imprisonment claim; finality of primary court divorce; retrial unnecessary.
19 November 1992
Whether a district court may order retrial of a valid divorce where delay and changed circumstances make retrial pointless.
Civil procedure — leave to appeal out of time — sufficient cause for delay — Imprisonment as justification for delay
Family law — Appeals from primary courts — District Court’s revision powers to quash unsubstantiated Primary Court orders — Whether retrial appropriate where parties have long since separated
19 November 1992
Appeal allowed where trial court misdirected in handling respondent's withdrawal; appellant awarded costs in both courts.
Civil procedure — Withdrawal of suit — whether trial court should strike out withdrawn suit and award costs — appeal allowed where trial court misdirected
18 November 1992
A trial court should consider awarding costs when a party withdraws a suit after substantial proceedings; appeal allowed and costs awarded.
Civil procedure
— Appeals — Hearing in absence of duly served respondent — Appeal may be heard and determined
— Withdrawal of suit — Withdrawal after substantial proceedings — Whether costs should be awarded against withdrawing party
18 November 1992
Civil practice and procedure — Assessors — Magistrate summing up to assessors — Judgment signed by magistrate but not by assessors — Magistrates’ Courts
18 November 1992
Appeal dismissed: no trial de novo, audit properly excluded, defence counsel’s prior role not prejudicial, evidence insufficient to convict.
Criminal law — appeal against acquittal
Criminal law — Evidence
— admissibility of audit reports
— alleged conflict of interest of defence counsel
— Burden of proof
— sufficiency of evidence to convict a director of stealing
18 November 1992
Where land ownership is disputed, title must be determined in civil proceedings before a criminal trespass conviction.
Land law — Disputed ownership
— acquittal
— Criminal trespass
— inappropriate order to divide land set aside
18 November 1992
Where land ownership is disputed, title must be resolved by civil action before criminal trespass can succeed.
Criminal law — Criminal trespass — Where ownership of land is disputed, criminal courts should not try title — Title must be determined by civil action before criminal trespass can be sustained
Land disputes — Title — Competing claims to land require civil adjudication — Criminal courts should not order division of disputed land
18 November 1992
Appellant’s challenge to one-year sentence for unlawful wounding dismissed; sentence within trial court’s discretion and not manifestly excessive.
Criminal law
— Offence — Unlawful wounding
— sentencing — Discretion of trial court — Appellate interference only where wrong principle applied or sentence manifestly excessive or inadequate
Criminal procedure — Conviction in absentia — Effect on opportunity to present mitigating factors
18 November 1992
Reported
Failure to consult and have assessors jointly sign the judgment under GN 2/88 renders the trial a nullity and requires retrial.
Primary Courts — assessors — consultation with assessors — prohibition on summing up in lieu of consultation — requirement that judgment be signed by all members (Rule 3 GN 2/88) — procedural irregularity — trial nullity — retrial de novo
18 November 1992
Appeal dismissed where clear identification and corroborative evidence supported the appellant's robbery conviction.
Criminal law
— Robbery with violence — Sufficiency of identification evidence — Sufficiency to support conviction
— sentencing — Appeal against sentence — Compensation order supported by evidence
Criminal procedure — acquittal of co-accused and conviction of accused — Appellate court's restraint in disturbing trial court findings
18 November 1992
17 November 1992
17 November 1992
Appellate court affirms magistrate: ownership and recent-possession inferences insufficient to displace acquittal or alter restitution without proof beyond reasonable doubt.
Criminal law
— Recent possession — presumption of recent theft limited where accused offers plausible explanation not excluded by prosecution
— robbery and receiving stolen property — identification and proof of ownership
17 November 1992
Convictions quashed: night identification and mere status as watchman insufficient to sustain theft convictions.
Criminal law — Evidence — Identification
— Mere status (watchman) or unconvincing defence insufficient for conviction
— Reliability of witness identification
— Standard: proof beyond reasonable doubt
16 November 1992
16 November 1992
Appellant’s long acquiescence to respondent’s occupation and credible village evidence justified dismissal of the appeal.
Civil procedure — admission of additional evidence on appeal — application for additional evidence on appeal
Evidence — oral testimony as proof of acquisition of rural/village land — weight of oral testimony by village officials vs late-produced written handover
Land law — ownership disputes — Effect of permissive occupation and delay in protest on title
16 November 1992
16 November 1992
Reported
Redemption of clan land is permitted only within 12 years under GN No 311/1964; later attempts are time-barred.
Customary law — Customary land law — redemption of clan land disposed without consent — limitation period — time-barred redemption
13 November 1992
Appeal dismissed where eyewitness accounts, circumstantial evidence and an extra-judicial confession upheld the conviction and sentence.
Criminal law — robbery and sexual assault — credibility of eyewitness and bystander observations — weight of extra-judicial confession to village authorities — appeal dismissed for lack of merit
11 November 1992
Conviction for cattle theft upheld on credible eyewitness identification; sentence reduced from five to two years.
Criminal law — identity evidence — eyewitness credibility and corroboration
11 November 1992
Appeal dismissed where a vague prohibitory order and inadequate evidence failed to establish ownership of disputed cattle.
Civil procedure — Execution
— attachment of livestock
— evidentiary burden on objector claiming bailed property
— proof of ownership or bailment in objections to execution
Civil procedure — remedy — dismissal of appeal and leave to seek cross-attachment in Primary Court
11 November 1992
Reported
Whether customary or English law governs malicious prosecution and if appellant proved lack of reasonable and probable cause; appeal dismissed.
Customary law — Customary law v
Tort — Malicious prosecution
— burden of proof on appellant to show absence of reasonable and probable cause
— differing ingredients
— jurisdiction of District Court over customary-law torts
10 November 1992
A claimant lacking authority to sue for another’s land has no locus standi; lower courts’ judgments obtained thereby were set aside.
Land law — Property law — Recovery of land
— judgments obtained by one without authority are vitiated and liable to be set aside
— locus standi
— possession remains until rightful owner takes legal steps
10 November 1992
Appellate court found houses acquired during a polygamous marriage were joint matrimonial property and ordered a fair allocation, awarding the appellant her former residence.
Family law — Marriage law — Division of matrimonial property in polygamous marriage — Existence of joint matrimonial property — Validity of alleged disposals of matrimonial property without formal land approvals
10 November 1992