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77 judgments found.
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August 1992
31 August 1992
Appeal allowed: conviction unsafe due to inconsistent police statements; statutory conditions for criminal compensation not met.
Criminal law — Obtaining Money by False Pretences — sufficiency and credibility of prosecution evidence to sustain conviction — Conviction unsafe where police‑recorded statements materially inconsistent and possibly biased
Criminal procedure — Compensation orders — Conditions for imposing compensation (material loss, recoverability by civil suit, opportunity to be heard) — s 348(1) Criminal Procedure Act
31 August 1992
Seized cattle claimed as third-party property were held to belong to respondent based on credibility and timing, appeal allowed.
Execution of judgment; seizure of goods; dispute over ownership and bailment; credibility and timing of third-party protests; burden of proof on balance of probabilities.
31 August 1992
31 August 1992
31 August 1992
31 August 1992
30 August 1992
Convictions for breaking in and stealing set aside where evidence of forcible entry and positive identification was insufficient.
Criminal law — Appeal — safety of conviction — Where material inconsistencies and lack of corroboration create reasonable doubt
Criminal law — Evidence
— Burglary: requirement to prove breaking and entering — Requirement for direct or cogent evidence of forcible entry
— Identification — Reliability of night-time eyewitness identification
28 August 1992
28 August 1992
Conviction for armed robbery with violence upheld; identification and sufficiency of evidence found reliable, appeal dismissed.
Criminal law
— Armed robbery — visual identification — Night‑time identification conditions
— Criminal appeal — Sufficiency of evidence — Trial court findings on credibility and identity upheld absent misdirection
— Sentence — Compensation — Corporal punishment
28 August 1992
28 August 1992
28 August 1992
Appellate court reinstated trial convictions for robbery after finding eyewitness identification credible.
Criminal law — Robbery with violence — sufficiency and reliability of identification evidence — Appellate review of findings of fact — Reinstatement of conviction and sentence
27 August 1992
High Court dismissed time‑barred appeal, upheld administratrix appointment but ordered proper Islamic distribution of the estate.
Appellate practice — time for appeal — Extension of time
Succession law
— Islamic/Mohammedan law
— administration of estate — appointment of administrator without proper inquiry
— court to ensure identification of heirs and protection of minors
27 August 1992
Convictions quashed where eyewitness identification was unreliable due to darkness, panic and inconsistent accounts.
Criminal law — identity evidence — reliability of identification after victim rendered unconscious — Identification unsafe where observations are inconsistent, made in panic, and not promptly reported
27 August 1992
Whether night‑time identification in poor lighting was sufficiently reliable to support robbery convictions.
Criminal law — identification evidence — Reliability of visual identification at night — Poor lighting, lack of descriptive detail and inconsistent testimony render identification unsafe
27 August 1992
Appellant's long, uninterrupted possession established ownership; lower courts' partition was quashed.
Civil procedure — Primary Court procedure — Non‑compliance renders proceedings defective — GN No. 2 of 1988
Land law — Ownership and title — possession and long use as basis for title
26 August 1992
Breakdown of communication with counsel did not constitute sufficient cause to extend time for court‑martial appeals.
Limitation law — Limitation — court may extend period for filing appeal for reasonable or sufficient cause
Military law — Appeals from Court‑martial — Extension of time to lodge appeal
26 August 1992
Primary Court judgment lacking an assessor's signature was incurably irregular; proceedings quashed and retrial ordered.
Civil procedure
— Fatal irregularity — omission of assessors’ opinion and signature — Magistrates' Courts Act s.7(1) and Magistrates' Court (Primary Courts) (Judgment of Court) Rules (1987)
— Primary Court assessors — participation, role and incorporation of assessors’ views into judgment — Magistrates' Courts Act s.7(1) and Magistrates' Court (Primary Courts) (Judgment of Court) Rules (1987)
26 August 1992
Eyewitness identification and corroborative circumstantial evidence sustained a murder conviction despite issues over a confession and a weak alibi.
Criminal law
— alibi — assessment against medical records and contemporaneous evidence
— Circumstantial evidence — recovery and identification of stolen parts as corroborative of participation in theft and related homicidal attack
— identification evidence — reliability and weight of eyewitness testimony (PW1, PW6, PW7) in linking accused to stolen vehicle parts and movements
Criminal procedure — Confession
— even if voluntariness in doubt, independent evidence may sustain conviction
— voluntariness and requirement for corroboration
26 August 1992
An improperly entered ex parte/default judgment may be set aside on appeal and the suit restored to continue from its prior stage.
Civil procedure — default and ex parte judgments — setting aside improperly obtained ex parte/default judgments — appeal from dismissal of application to set aside — restoration of suit to prior stage
25 August 1992
An appeal against acquittal fails where the trial court’s credibility findings for the respondent were reasonable and not vitiated by error.
Criminal law — Unlawful possession of firearm and ammunition — proof beyond reasonable doubt
Criminal procedure — Credibility — Appellate deference to trial court on assessments of witness credibility and demeanor
24 August 1992
24 August 1992
Termination was unjustified; employee awarded salary arrears and compensatory damages.
Labour law — Remedy
— costs and interest
— salary arrears and compensatory damages
Labour law — wrongful dismissal
— procedural fairness in disciplinary hearings
— sufficiency of evidence of misconduct
21 August 1992
21 August 1992
Reported
Hospital held vicariously liable for negligent treatment, inadequate monitoring and disclosure leading to child’s arm amputation; damages awarded.
Medical negligence; hospital vicarious liability for staff; failure to X-ray and delayed treatment; improper cast management; inadequate risk disclosure; consequential amputation; damages awarded
20 August 1992
Damage incidental to an assault is not malicious damage; civil suit is the remedy for compensation.
Criminal law — Malicious damage to property — Damage incidental to assault/fight — Incidental or accidental damage not constituting wilful malicious damage — Civil remedy for compensation
19 August 1992
Reported
Children’s competent sworn evidence sustained convictions; illegal two‑year term replaced by statutory five years and total imprisonment corrected to eleven years.
Criminal law
— Consecutive sentences across separate trials — permissibility and correct computation of aggregate term
— sentencing — Minimum Sentences Act and scheduled offences — statutory minimum where value exceeds threshold and prior conviction
— sentencing procedure — duty to state whether sentences run concurrently or consecutively
— sufficiency of evidence — competency of children’s evidence after voir dire
19 August 1992
Voir dire‑sworn child evidence can sustain conviction; minimum sentencing and concurrency of related sentences addressed.
Criminal law — Child evidence — voir dire and corroboration under s127 Evidence Act — Competency: understanding of oath and duty to speak truth (Evidence Act s127(2),(5))
Criminal law — sentencing
— Concurrent versus consecutive sentences — Offences arising from same transaction ordinarily attract concurrent sentences
— Minimum Sentences Act (scheduled offences) — Scheduled offences — statutory threshold (five‑year minimum)
19 August 1992
Child witnesses’ sworn evidence can sustain convictions; illegal minimum sentence corrected and sentences ordered to run concurrently.
Criminal law — sentencing
— Concurrent
— Minimum sentences for scheduled offences where property value exceeds statutory threshold and prior convictions — trial court’s sentence illegal if below statutory minimum
— related offences arising from single transaction ordinarily attract concurrent sentences
Criminal law — sufficiency of evidence — Convictions for housebreaking and stealing may be sustained on credible child and adult testimony
Evidence — Children of tender years — Voir dire and competency
— caution and corroboration considerations
— Child’s sworn evidence may be treated equal to adult evidence if child understands oath
19 August 1992
Criminal law — Criminal practice and procedure — Sentencing
— Accused currently serving another sentence
— Accused found guilty on two counts
Evidence — Testimony by children of tender years — Voire dire test — J27
19 August 1992
Reported
Conviction based on uncorroborated co‑accused evidence and absent a prosecution case is unsafe; appeal allowed.
Criminal law — burden of proof
Criminal law — Co‑accused testimony
— admissible when given
— Conviction unsafe where prosecution adduces no evidence implicating accused
— Handwriting/expert evidence and witness inconsistencies undermining prosecution case
Criminal law — Criminal Procedure Act s.230 — duty to dismiss where no case to answer
19 August 1992
Reported
Confessions to vigilantes and a subsequent cautioned police statement were voluntary and admissible; conviction upheld.
Criminal law — Sufficiency of evidence in theft conviction — Confession plus recovery of stolen property as proof beyond reasonable doubt
Evidence — Confession
— Admissibility — Voluntariness
— Voluntariness of confession — Subsequent cautioned confession admissible where prior induced confession’s influence has dissipated
19 August 1992
An appeal filed after thirty days, not commenced by petition in the District Court, is incompetent.
Criminal law — Criminal appeals — District Court to forward petition with record — letter of complaint not a petition
19 August 1992
Evidence — Confession
— Admissibility of confessions extracted by torture
— Admissibility of confessions made before a police officer
19 August 1992
Criminal law — Criminal practice and procedure
— Evidence emanating from the defence — Whether sufficient to sustain a conviction
— Onus of proving the charge — Whether by prosecution or the accused
— Prima facie case — When is established, and what should a trial court do if not established
Evidence — Of co-accused — Whether admissible — How to approach and utilize it
19 August 1992
Reported
Unregistered transfers and missing presidential consent rendered the respondent's alleged title ineffective.
Civil procedure — Pleadings and annexures — Duty to attach instruments relied upon (documents not annexed to plaint)
Evidence — secondary evidence — Admission of photocopy where original is lost
Land law — transfer of right of occupancy
— Unregistered dispositions ineffectual
— registration and presidential/commissioner consent required
18 August 1992
Possession of suspected stolen vehicle spare parts without a reasonably probable explanation justifies conviction under section 312(1)(b).
Criminal law
— Receiving stolen property — Possession of recently stolen goods permits presumption of receiving when not satisfactorily explained
— Receiving/possession of stolen property — Possession of recently stolen property, hidden documents and broken ignition key as evidence
Criminal procedure — Burden of proof — Accused’s explanation must be reasonably probable to raise reasonable doubt
18 August 1992
Appellant entitled to compensation for house; unsigned Primary Court copy inadmissible and respondents not liable for refund of purchase price.
Evidence
— admissibility of documents annexed to pleadings — unsigned/uncertified copy of Primary Court judgment not admissible without proving unavailability of original or compliance with Evidence Act. • Res judicata — identity of parties and issues required
— insufficient proof that earlier Primary Court proceedings were res judicata. • Remedies — refund of purchase price versus compensation for improvements
18 August 1992
Evidence — admissibility — Of secondary evidence
Land law
— disposition of land — Registration of documents purporting to transfer right/title to land
— Inheritance — Requisites
18 August 1992
18 August 1992
18 August 1992
Conviction for personating a public officer quashed where prosecution failed to call key victims and evidence was too scanty.
Criminal law — Personation — Whether prosecution proved offence beyond reasonable doubt — Omission to call alleged victims weakens prosecution case and may render conviction unsafe
17 August 1992
Convictions for wrongful confinement, demanding with menaces and obtaining by false pretences upheld; sentences varied for misapplied Minimum Sentences Act.
Criminal law — Obtaining Money by False Pretences
— appellate review of sentence
— evidential corroboration (witnesses and letter)
Criminal law — wrongful confinement by a justice of the peace
— demanding property with menaces
— unlawful detention without charge
17 August 1992
A justice of the peace unlawfully detained relatives and obtained money by false pretences; convictions upheld, sentences reduced.
Criminal law
— demanding property with menaces — elements and mens rea
— Obtaining Money by False Pretences — corroboration by letter and witnesses
— sentencing — incorrect application of Minimum Sentences Act requires sentence review
— wrongful confinement — detention by a justice of the peace without charge unlawful
17 August 1992
Appellate court upheld conviction for theft by public servant, affirmed five-year sentence, and dismissed the appeal.
Criminal law — sentencing
— five-year term held not excessive
— multiple takings should be separately charged
Criminal law — Theft by public servant — Proof of custody and remittance of public levies — Inconsistent statements and false receipts as evidential basis
Evidence — Credibility findings — Appellate court will not disturb trial court’s assessment of oral testimony unless manifestly unreasonable
15 August 1992
14 August 1992
14 August 1992
Credible eyewitness threat evidence insufficient for conviction where investigative failures create reasonable doubt.
Criminal law — Murder — Standard of proof
— Eyewitness evidence of quarrel and threat admissible and credible but insufficient absent corroboration
— Inadequate police investigation (no sketch plan, no scene identification, no search of accused) can defeat prosecution
— Reasonable doubt where police investigation fails to link accused to the scene of death
14 August 1992
Procedural failure to frame issues and a vague magistrate’s order led to quashing of judgment and a retrial, with interim maintenance ordered.
Family law
— Cohabitation and legitimacy — presumption of marriage inapplicable where respondent contracted prior lawful marriage
— Interim relief — court may order immediate payments to welfare officer as trustee for urgent needs of infant children
— Maintenance — duty of putative father for children born during cohabitation
13 August 1992