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81 judgments found.
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December 1992
31 December 1992
Conviction unsafe where night‑time flashlight identification and five‑month delay occurred without an identification parade.
Criminal law — identification evidence — Night‑time identification by torchlight — Reliability and need for detailed description and/or identification parade
30 December 1992
22 December 1992
Court upheld convictions based on immediate eyewitness identification and corroborative physical evidence; appeals dismissed.
Criminal law — identification evidence — visual identification at scene and identification parade — weight and reliability
22 December 1992
An appeal lacking the required judgment and decree is incompetent; the proper remedy for omitted documents is review, not re-admission.
Civil procedure
— Appeal
— Registry misplacement of documents — does not automatically entitle party to re-admit appeal
— Remedy where documents omitted — application for review rather than re-admission or extension of time
22 December 1992
Applicant failed to prove entitlement to subsistence, transit or incidental allowances after transfer; appeal dismissed with costs.
Employment law — transfer and allowances — entitlement to subsistence, transit and incidental expenses
— burden of proof on claimant
— evidential weight of employer allocation of accommodation
— routing correspondence does not imply managerial approval
22 December 1992
Acquittal set aside and retrial ordered where trial magistrate failed to resolve conflicting evidence and appellate court could not assess credibility from record.
Criminal law
— appellate review — limitations of reassessing witness credibility from record alone
— Remedy — retrial where trial court fails to determine key facts
— Trial procedure — duty of trial magistrate to decide contested factual issues and assess credibility
21 December 1992
19 December 1992
Appellant failed to prove adultery by direct or circumstantial evidence; appeal dismissed with costs.
Appellate practice — appellate re‑evaluation of evidence — Deference to trial magistrate absent clear misdirection
Tort — Adultery — Need for direct or firmly corroborated circumstantial evidence
18 December 1992
Reported
High Court quashes conciliation‑board award as ultra vires for being time‑barred; individual may be joined as respondent.
Administrative law — prerogative orders (certiorari and mandamus) — Joinder of persons affected
— Limitation of actions
— no costs awarded
18 December 1992
Reported
Administrative law — Prerogative orders — Parties to applications for prerogative orders -Whether a private individual may joined as a co-respondent in an application for prerogative orders
Labour law — Limitation of time — Time within which to file a reference to the Labour Conciliation Board or further reference to the Minister
18 December 1992
Dismissal for non-appearance upheld where the appellant failed to show sufficient cause to set aside the dismissal.
Civil procedure — dismissal for non-appearance — Setting aside dismissal — Requirement to show sufficient cause under Order 9 Rule 9(1) Civil Procedure Code
17 December 1992
Divorce upheld for adultery, threats and failure to maintain; personal items in respondent’s name awarded to her.
Family law
— Division of matrimonial property — exclusion of property — Law of Marriage Act s 160
— Grounds for divorce — denial of conjugal rights and psychological torture may constitute cruelty/irreparable breakdown when supported by evidence
17 December 1992
Appeal dismissed for failure to join and afford a hearing to the third party whose possession of the vehicle was affected.
Civil procedure — natural justice
— competence of appeal when necessary parties omitted
— right to be heard before deprivation of property
Civil procedure — Procedure — joinder of necessary parties
17 December 1992
Procedural defects in counts and inadequate particulars warranted quashing the convictions and ordering a retrial.
Criminal procedure — indictment irregularities — improper joinder of distinct forgery allegations — inadequate particulars as to accused’s capacity — proceedings quashed and retrial ordered
16 December 1992
Acquittal upheld because a written agreement was not a confession and prosecution failed to prove cheating beyond reasonable doubt.
Appellate practice — Appellate review — interference with acquittal where prosecution evidence is weak
Criminal law
— Cheating
— Documentary evidence — whether a written agreement constitutes a confession or admission of criminality
16 December 1992
Conviction quashed where night-time identification was unreliable and lacked corroborative evidence.
Criminal law
— Evidence
— identification evidence — Night-time incident with gunfire and injured witnesses — Identification unreliable without descriptive particulars or corroboration
Criminal procedure — Appeal — Conviction unsafe and liable to be quashed where identification is unreliable
16 December 1992
Identification evidence obtained in darkness and panic was unreliable; convictions quashed for lack of corroboration and reasonable doubt.
Civil procedure — Appeal — Convictions unsupported by prosecution and founded on questionable identification — appeals allowed
Criminal law — Robbery with violence — Identification evidence obtained in darkness and amid panic — reliability and need for corroboration
Criminal procedure — Alibi evidence — whether alibis destroyed by prosecution
16 December 1992
Appeal allowed: convictions for theft/destruction set aside where appellant was wrongly convicted on an uncharged count and evidence was insufficient.
Criminal law
— Conviction on count not charged — Trial court erred in convicting appellant on an uncharged count
— insufficient evidence to show appellant was custodian or had access to stolen receipts — Convictions, sentences and compensation orders set aside
16 December 1992
Appeal against rape conviction dismissed; conviction and sentence upheld based on clear identification and supporting medical and circumstantial evidence.
Criminal law — Rape — Sufficiency of evidence and corroboration
— appeal against conviction and sentence dismissed
— Identification in daylight
— medical evidence (ruptured hymen and blood) as supportive
16 December 1992
16 December 1992
Conviction for robbery upheld; sentence reduced because pangas did not amount to 'armed robbery'.
Criminal law
— Armed robbery — requirement of firearm or equivalent violence to sustain armed robbery
— Robbery with violence — Sufficiency of evidence
16 December 1992
Appellant's failure to prove boundaries and respondents' credible purchase evidence warranted dismissal of the land dispute appeal.
Land disputes — Land dispute — ownership claims
Land disputes — oral evidence of purchase
— appellate review of factual findings
— burden to prove boundaries
— credibility of witnesses
— encroachment allegations
15 December 1992
A 16-year delay and procedural irregularities in paternity proceedings made the lower courts' judgments unsound, so appeal succeeded.
Civil procedure
— Appellate review — setting aside decisions unsupported in law and fact
— procedural irregularity in joining parties — effect on validity of lower courts’ judgments
Family law — paternity proceedings — undue and inordinate delay (16 years) — prejudice to parties and reliability of claim
15 December 1992
Whether the appellant's conviction for receiving a stolen bicycle was supported by evidence and properly upheld.
Criminal law — Appellate procedure
— Alteration of property and attempts to procure false evidence as indicia of guilty knowledge
— duty of appellate court to evaluate trial evidence
Criminal law — Evidence — documentary evidence and credibility
Criminal law — Receiving stolen property — knowledge and possession
14 December 1992
14 December 1992
Circumstantial evidence upheld the appellant's conviction despite an inadmissible out‑of‑court statement; appeal dismissed.
Criminal law — Caution statement
— adverse inference from silence/failure to call witnesses
— voluntariness and evidential weight
Criminal law — Circumstantial evidence — sufficiency to convict
Criminal law — Evidence Act s.34B — admissibility of out‑of‑court statement of absent witness — conditions precedent
Criminal law — Minimum Sentences — sentence confirmed
14 December 1992
Appellant’s unsupported claim of land purchase failed; lower courts’ finding of respondent’s lawful ownership is upheld.
Land law — proof of title
— appellate review upholding factual findings of lower courts
— credibility and consistency of oral testimony
— mere assertion insufficient
— sale of land
14 December 1992
11 December 1992
Identification and corroborative evidence upheld; appellant’s alibi rejected and conviction for cattle theft affirmed.
Criminal law — Visual identification — Sufficiency and reliability of eye‑witness identification
Criminal procedure — Alibi and burden of proof — When alibi fails to create reasonable doubt
11 December 1992
11 December 1992
Conviction upheld on reliable visual identification; thirty‑year sentence reduced because Minimum Sentences Act was non‑retroactive.
Criminal law
— Evidence — visual identification — Waziri Amani factors (lighting, distance, duration) required to render identification watertight
— sentencing — Minimum Sentences Act inapplicable — Act No. 10 of 1989
11 December 1992
Civil practice and procedure — Assessors — Summing up to assessors — Magistrates Courts
11 December 1992
Appellate court reinstated trial court's ownership finding, emphasizing deference to trial-court credibility assessments and ordering costs to respondent.
Civil procedure — Appeal
— Appellate court's duty not to lightly disturb trial court's findings of fact and credibility
— deference to witnesses seen and heard by trial court
Land law — Property/ownership dispute — Assessment of oral and documentary evidence on ownership of premises
11 December 1992
Reported
Ministerial fiat to sue the government violates constitutional access-to-courts and is declared void.
11 December 1992
Reported
Appellant's crop-destruction claim proven; procedural irregularity noted and award reduced for vague valuation, appeal allowed.
11 December 1992
Claims arising from a residential lease fall within the Regional Housing Tribunal’s jurisdiction; High Court suit struck out.
Civil procedure — concurrent jurisdiction — suit should be instituted in the lowest competent forum
Conflict of laws — Forum conveniens — High Court inappropriate where Regional Housing Tribunal is the proper lower forum
Land law — Rent restriction act, 1984 — jurisdiction — disputes arising out of lease relations fall within Regional Housing Tribunal’s jurisdiction
10 December 1992
Reported
Whether a respondent may recover unverified advocate's fees and post-judgment disbursements in a taxed bill of costs.
Civil procedure — Costs and taxation
— admissibility of post-judgment disbursements
— court interference with taxing master's quantum when items are unsupported or unjudicially allowed
— Recoverability of advocate's fees claimed by a litigant in person
10 December 1992
The applicant's employment-contract claim was time-barred; prior proceedings before the Permanent Labour Tribunal did not suspend limitation.
Civil procedure — Requirement to plead grounds of exemption in the plaint (order vii)
— Act No. 3 of 1990 (Industrial Court) not retrospective
— replies cannot cure failure to plead
10 December 1992
Civil procedure — Taxation of costs — Bill of Costs — Omnibus award — Whether supportable
10 December 1992
Trial court erred by not requiring production of bailment document; appeal dismissed with costs.
Appellate practice — Record of appeal — Admission of documentary evidence produced on appeal — Appellate court discretion to receive fresh record
Civil procedure
— Attachment of property — owner of attached property challenging attachment — Burden on seizing party to prove property belongs to judgment debtor
— Evidence — documents not tendered or admitted are not evidence — Burden to prove entrustment/ownership
10 December 1992
Conviction for stealing by servant upheld; sentence increased to the statutory five-year minimum for theft from a specified authority.
Criminal law — Stealing by servant — statutory minimum sentence for theft by servant exceeding Shs.5,000 — Minimum Sentences Act (1972)
10 December 1992
A prior judgment did not bar the applicant's claim to a separately occupied parcel within a larger ancestral holding.
Civil procedure — Res judicata — Application of section 9 Civil Procedure Code — same parties, same title, same substantial issue, final decision by competent court
Land law — possession and title — long and undisturbed occupation, improvement (house and trees) as basis for ownership — Effect on claims to ownership
8 December 1992
A claim for enticement under s73 fails where the plaintiff's conduct justified the spouse leaving the matrimonial home.
Civil procedure — Appellate review — concurrent findings may be disturbed where there is misapprehension of evidence — Duty to invoke section 21(1)(a) Magistrates Courts Act to admit further evidence
Family law — Law of marriage act — Enticement of spouse — Validity of claim under section 73 where plaintiff's conduct justified spouse leaving the matrimonial home
8 December 1992
A militia member is liable in tort for losses caused by intimidating and chasing a civilian; appeal dismissed.
Appellate practice — Appeal procedure
— Appellate court may reverse primary court where admissions and evidence establish wrongful conduct
— order for compensation and costs
Tort
— Burden of proof in civil cases — evidential burden may shift to defendant once plaintiff establishes prima facie case
— Wrongful intimidation/chase by quasi-police/militia member — liability for losses caused by victim’s flight
8 December 1992
Signing a delivery note and retaining possession for testing can constitute acceptance, rendering the recipient liable for the purchase price.
Contract law — Sale of goods — delivery note — duty to arrange testing — liability for price
8 December 1992
An untimely appeal filed after leave to refile, without explanation, is time-barred and dismissed with costs.
Civil procedure
— Limitation of actions — appeal filed after leave to refile — ninety-day period
— tenancy — default in rent and unauthorized erections — eviction justified
8 December 1992
Ex‑parte divorce decree set aside where co‑respondent was not proved to have been duly served.
Civil procedure — Setting aside ex‑parte decree — Requirement for proof of service and not assuming counsel represents co‑party
Family law — Matrimonial proceedings — nullity of proceedings for procedural irregularity
8 December 1992
Appeal against robbery-with-violence conviction dismissed where eyewitness identification and evidence of force were reliable.
Civil procedure — Appeal — Reappraisal of credibility — Appellate court will not interfere where trial court's findings are supported by evidence
Criminal law — Robbery with violence — Elements proved where money was forcibly taken and accused threatened victims with weapons (panga and iron rod)
Evidence — Identification
— no mistaken identity shown
— Reliability where appellant was known to witnesses and incident occurred in adequate light
8 December 1992
Appeal against robbery conviction dismissed where identification evidence and trial findings were reliable.
Appellate practice — Appeal procedure — second appeal will not re-open factual findings absent an arguable point of law
Criminal law — Robbery with violence — Identification evidence — Prior acquaintance and adequate lighting support reliability of identification
8 December 1992