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81 judgments found.
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September 1992
30 September 1992
Circumstantial evidence and suspicion alone do not suffice to sustain a conviction for theft.
Criminal law — Circumstantial evidence — sufficiency to exclude reasonable hypotheses of innocence
Criminal procedure — Safety of conviction — conviction unsupported by State and founded on equivocal plea is unsafe and cannot stand
30 September 1992
Appeal against burglary and stealing convictions dismissed due to credible identification of owner-marked items found in appellant’s possession.
Civil procedure — Appeal — Credibility findings by trial court respected on appeal absent compelling reason to upset them
Criminal law — Burglary and stealing
Evidence — Identification of stolen property — Bearing of owner’s name and distinctive painting held probative of ownership and link to accused
29 September 1992
Reported
Failure to plead a cause of action (malicious prosecution) after court direction warranted striking out the plaint with costs.
Civil procedure — Amendment — court discretion and prior opportunity
Civil procedure — Pleadings
Civil procedure — striking out
— Costs awarded to successful preliminary point
— remedy for failure to disclose cause of action
29 September 1992
Conviction quashed where documentary and audit evidence failed to prove false accounting or theft by a servant.
Criminal law
— Fraudulent false accounting — whether entries in invoice and receipt were proved false beyond reasonable doubt
— Stealing by servant — requirement of proving employer’s loss and misappropriation
29 September 1992
Order 53 permits seeking declaratory relief together with prerogative orders if the applicant shows sufficient interest.
Judicial review — umbrella remedies — certiorari, mandamus, prohibition, declaration and injunction may be sought in one application
29 September 1992
Civil practice and procedure — Plaint — Discloses no cause of action — Discloses relief sought — Relief is not a cause of action — What court to do
29 September 1992
29 September 1992
Acquittal upheld because prosecution failed to prove criminal trespass elements; acquittal does not determine lawful occupancy.
Criminal law — Criminal trespass — elements: actus reus (unlawful entry upon property in possession of another) and mens rea (intention to commit an offence or to annoy)
Criminal procedure — Charge particulars — Date of offence as necessary particular — Material variance between charge sheet and witness testimony
Evidence — Confession — Voluntariness of confession — Alleged involvement of land authorities and reliability of statements obtained
28 September 1992
Conviction based on police-station identification of seized property is unsafe without independent witnesses or secure chain of custody.
Criminal law — Evidence — identification of stolen property — Reliability of identification made at police station without accused or independent witnesses — Chain of custody and possibility of evidence tampering rendering conviction unsafe
28 September 1992
Conviction for failing to prevent theft quashed where no proof of knowledge or intent to prevent existed.
Criminal law — Neglect to prevent a felony — knowledge element — Penal Code s 383
Evidence — Sufficiency of evidence — Mere absence from duty insufficient to establish criminal liability
28 September 1992
Conviction quashed because appellant lacked intention to permanently deprive due to an honest belief.
Criminal law
— Evidence — Honest belief / claim of right — Effect on mens rea for theft
— property offences — Theft (s 265) — Requirement of intention to permanently deprive
Criminal procedure — Appeal — Conviction unsafe where essential elements are not proved
28 September 1992
28 September 1992
Concurrent factual finding of abandonment upheld; excessive maintenance award reduced to Shs 30,000.
Customary law — maintenance refund — where a relative is put to expenses for another’s wife and child
— concurrent factual findings not to be disturbed
— quantum
— recoverability of expenses
28 September 1992
28 September 1992
Primary Court's adultery finding and damages restored; District Court erred in discrediting the evidence.
Family law — adultery — assessment of credibility
— appellate interference with trial court findings
— damages for adultery (replacement cattle or monetary equivalent)
25 September 1992
25 September 1992
Appeal partly succeeds: conviction upheld for appellant clearly linked to stolen goods; other convictions quashed for insufficient/unsafe evidence.
Criminal law — Theft/possession — Sufficiency of evidence and credibility — Possession and surrounding circumstances may permit inference of guilt only where explanation and corroboration are lacking — Convictions unsafe where evidence inconsistent or merely inferential
25 September 1992
Conviction for stealing a government Land-Rover quashed for unreliable identification; sentence set aside but no release ordered.
Criminal law
— sentencing — Consecutive sentences — Effect on orders for release when other sentences are being served
— Theft of motor vehicle — Identification evidence — Whether eyewitness identification proved beyond reasonable doubt
Criminal procedure — Appeal against conviction — Insufficient identification warrants quashing of conviction
25 September 1992
24 September 1992
Objector's claim failed where local testimony and cattle census records showed the judgment‑debtor kept and identified the attached cattle.
Land law — Property attachment — objection proceedings — ownership of attached cattle — weight of community witnesses' testimony, cattle census identification and payment of cattle rates as proof of possession/ownership
24 September 1992
Child testimony below 14 and spousal confession of adultery require statutory inquiry and independent corroboration; appeal dismissed with costs.
Evidence — Confession of adultery
— Evidence requiring corroboration cannot be corroborated by other evidence likewise requiring corroboration
— requires independent corroboration
Evidence — Primary courts (evidence) regulations — child witnesses — mandatory inquiry into intelligence and understanding of oath for witnesses under 14 — failure renders evidence inadmissible
24 September 1992
Appeal challenges safety of conviction based on night-time and delayed identification, including voice recognition.
Criminal law — identification evidence
— delayed identification
— lack of descriptive particulars
— night-time identification using torchlight and voice recognition
— reliability and safety of identification
21 September 1992
Conviction based on suspicion and uncorroborated evidence was unsafe; appeal allowed, conviction quashed and sentence set aside.
Criminal law — Theft by servant — Sufficiency of evidence — suspicion and opportunity insufficient — interested witness
20 September 1992
Criminal law — Criminal practice and procedure
— Application for presiding magistrate to withdraw from the case — Duty of the court
— Pias — Disqualification on judicial bias — Grounds for disqualification
18 September 1992
Appeal dismissed where appellants refused to enter court and thereby forfeited their right to be heard.
Civil procedure — Objection proceedings — dismissal for non-appearance
— appellate interference with trial court findings
— credibility and finality of court record
— forfeiture of right to be heard by refusal to enter courtroom
17 September 1992
An appellant’s theft conviction was quashed where possession and flight lacked proof of theft or guilty knowledge and the charge was miscited.
Criminal law
— Charging provisions — Incorrect statutory citation for store-breaking
— Theft — proof required — possession of stolen goods and flight insufficient to convict absent proof of theft or knowledge of stolen nature (guilty receipt)
17 September 1992
16 September 1992
Appeal allowed in part; trial court’s award for unexhausted improvements (Shs.39,066) restored, appellate upset was erroneous.
Land law — Compensation for unexhausted improvements — Assessment of compensation and appellate interference — Trial court factual findings upheld
16 September 1992
The court dismissed the appellant's appeal against conviction, upholding the lower court's decision; further appeal requires leave.
Criminal law — Criminal appeal — Appeal against conviction on joint trial
— Appeal disallowed and dismissed where court finds no basis to disturb magistrate's conviction
— further appeal possible only with leave
16 September 1992
Eyewitness and circumstantial evidence upheld convictions for housebreaking with intent and theft; alibi rejected.
Criminal law
— housebreaking and stealing — circumstantial evidence — Proof beyond reasonable doubt
— identification evidence — familiar eyewitnesses, close-range observation, alibi rejection — Opportunity and consistent accounts
16 September 1992
15 September 1992
15 September 1992
Reported
Failure to disclose an adverse audit report and presence of a prosecutorial official at deliberations breached natural justice; dismissal quashed.
Administrative law — Natural justice
— Nemo judex in sua causa: presence of investigating/prosecuting official at deliberations vitiates decision
— Right to be heard (audi alteram partem): duty to disclose adverse audit/report relied on by decision-maker
Administrative law — Remedy — Quashing of dismissal and reinstatement with arrears
15 September 1992
Reported
Natural justice
— The right to be heard — Applicant dismissed from employment by the respondent's Board of Directors on account of an audit report — Need to show contents of audit report to the appellant before dismissing him
— The rule against bias — General Manager who initiated disciplinary proceedings against the applicant was present at the board meeting while applicant was absent — Whether the board was biased
15 September 1992
Failure to disclose an adverse audit report and participation of an interested manager breached natural justice; dismissal quashed and reinstatement ordered.
Natural justice
— Procedural fairness — presence of an interested official at deliberations vitiates decision
— Right to be heard
— Unfair dismissal — quashing of dismissal and reinstatement with back pay
15 September 1992
Decision to dismiss quashed for breach of natural justice: audit report not served and procedural involvement by General Manager.
Administrative law — Natural justice — Duty to serve adverse reports and allow representation — Board decision to dismiss quashed where audit report not served and General Manager’s participation compounded procedural unfairness
15 September 1992
15 September 1992
Failure to disclose an adverse audit report and to afford the applicant a chance to reply breached natural justice; decision quashed.
Administrative law — Natural justice — audi alteram partem
Administrative law — participation of an interested official at board meetings
— presence not automatically disqualifying unless evidence of improper participation
— review and quashing of procedurally unfair corporate/board decisions
15 September 1992
Appellate court upheld conviction and five-year sentence, deferring to trial court’s credibility findings on theft by a public servant.
Criminal law
— Evidence — Forged/unauthentic receipts as undermining accused’s account
— procedure — Multiple takings may
— sentencing — five-year term not excessive
— Theft by public servant — Credibility of oral testimony — Appellate deference to trial court findings on credibility
15 September 1992
Court remitted property dispute to trial court to record parties’ contributions before determining matrimonial property division.
Family law — Matrimonial property
— limits of revisional proceedings
— ownership and division
— procedure where registered land is involved
— remittal for additional evidence to trial court
14 September 1992
Convictions overturned where appellants were tried unfairly, unlawful-assembly limb uncharged, and police power to stop private meetings unconstitutional.
Criminal law — Unlawful assembly — conviction on a limb of an offence not charged
Criminal procedure
— abusive political speech — context and likelihood of breach of the peace
— fair trial — denial of access to seized documents and magistrate’s conduct creating reasonable apprehension of unfairness
14 September 1992
Leave for certiorari refused where internal remedies were not exhausted and the wrong respondent was targeted.
Administrative law — judicial review (certiorari) and mandamus — Leave to apply for certiorari — Failure to exhaust internal administrative remedies and misidentification of proper respondent
14 September 1992
Criminal law — Criminal practice and procedure — Charges — Dismissal — Order dismissing charge and acquitting accused made before end of prosecution case — Whether proper
14 September 1992
Reported
An acquittal under section 230 C.P.A. is invalid if entered before the prosecution has opened its case; retrial ordered.
Criminal procedure — Dismissal and acquittal — Premature acquittal where no evidence heard amounts to misdirection and miscarriage of justice — Quashing and retrial ordered
14 September 1992
Handwriting identification by acquainted prison officers sufficed to prove appellant aided prisoners' escape; appeal dismissed.
Criminal law
— Escape from lawful custody — whether accused aided escape or was negligent — standard of proof beyond reasonable doubt
— identification evidence — handwriting identification admissible — Expert evidence not required — Evidence Act s 49
11 September 1992
Victim identification made amid an ambush required corroboration; non-attendance at an alarm was insufficient corroboration.
Criminal law — identification evidence — Victim ambushed, beaten and blindfolded
— Identification
— non-attendance at alarm is insufficient corroboration
11 September 1992
Ministerial decision under Security of Employment Act s.27 is final unless jurisdictional error or breach of natural justice is shown.
Contract law — Security of employment act s.27 — finality of Minister’s decision
Labour law — Labour Officer certificate
— Commissioner’s power to revoke and refer to Conciliation Board
— judicial review limited to jurisdictional error or breach of natural justice
— procedural defects in pleadings are curable where they are matters of form
11 September 1992
Applicant's challenge to Labour Commissioner's revocation and referral failed for lack of jurisdictional error or breach of natural justice.
Judicial review — Certiorari and mandamus — Jurisdiction — Finality of administrative decisions (review only for jurisdictional error or breach of natural justice)
Labour law — Labour Officer certificate — Labour officer powers — Conciliation boards
Natural justice — Right to be heard — complaint fails where party had opportunity and was aware of proceedings — Written appeal constitutes opportunity to be heard
11 September 1992
Application for certiorari dismissed; ministerial confirmation of labour dispute final absent jurisdictional error or denial of natural justice.
Administrative law — Judicial review — certiorari and prohibition — challenge to Labour Commissioner’s decision
Administrative law — Labour Officer’s certificate
— relief only where lack of jurisdiction or breach of natural justice established
— revocable by Labour Commissioner
Administrative law — procedural defects in pleadings — not fatal
11 September 1992