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Citation
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Judgment date
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| November 1995 |
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An insurer’s partial payment can constitute an acceptance of liability, leaving only quantum to be determined.
Motor-vehicle accident – identification of vehicle and insurer payment – insurer's partial payment treated as acceptance of liability for purposes of proceedings. Civil liability – standard of proof – plaintiff’s case proved on balance of probabilities where insurer admitted payment and defendants failed to adduce contrary evidence. Damages – assessment of general damages for permanent injury; loss of earnings quantified; special damages require strict documentary proof. Procedure – defendant's failure to produce driver and prolonged delay may render negligence effectively admitted and leave only quantum to be determined.
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9 November 1995 |
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Conviction upheld on identification and recent possession; 30-year sentence set aside as impermissibly retrospective and reduced to seven years.
Criminal law – Robbery with violence – Identification evidence at night – when conditions favourable for identification. Criminal law – Recent possession of stolen property as corroborative evidence. Sentencing – Amendment increasing minimum sentences – non-retrospective application; constitutional prohibition against heavier penalties than those in force at time of offence. Appeal practice – New grounds (age) not raised at trial generally not entertained on appeal.
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8 November 1995 |
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Recent unexplained possession of distinctive stolen property and defence testimony can justify conviction; co‑accused evidence may be relied upon with caution.
Criminal law — robbery with violence — proof beyond reasonable doubt — when defence evidence supplements prosecution and justifies conviction. Criminal procedure — s.230 Criminal Procedure Act — directory not mandatory to acquit where defence evidence strengthens prosecution. Evidence — co‑accused testimony and witnesses of co‑accused — admissibility and cautionary approach. Doctrine of recent possession — unexplained recent possession of distinctive stolen property supports inference of guilt.
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8 November 1995 |
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The applicants' unexplained recent possession of a stolen windscreen justified upholding their convictions and sentences.
Criminal law – Receiving stolen property and robbery – recovery of stolen windscreen – recent possession doctrine – unexplained possession supports inference of guilt. Criminal procedure – Defence evidence – where defence evidence strengthens prosecution court may convict. Evidence – accomplice testimony – caution/advice required only where witness shows signs of participation or self‑interest.
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8 November 1995 |
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Court cannot compel a parent to receive child maintenance; ex parte orders require prior service and a hearing.
Family law – Child maintenance – Whether a court can compel a parent to receive maintenance money – No statutory power to compel receipt. Civil procedure – Ex parte proceedings – Requirement of prior service and right to be heard; proceedings set aside where service occurred after decision. Judicial review/revision – Duty to consider and hear revision applications; improper striking out of application where relief was clearly stated in affidavit and chamber summons.
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8 November 1995 |
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Instigating prosecution coupled with lack of reasonable cause and malice establishes civil liability for malicious prosecution.
Tort – Malicious prosecution – Elements: instigation, favourable termination, absence of reasonable and probable cause, and malice. Reporting to police does not absolve liability where claimant actively instigated prosecution. Threats and prior conduct admissible to infer malice.
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8 November 1995 |
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Appeal allowed: convictions for robbery unsafe due to unreliable and inadequately supported identification evidence.
Criminal law – Identification evidence – in‑court (dock) identification – reliability and adequacy of supporting precautions (identification parade) – convictions unsafe where identification not properly established.
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8 November 1995 |
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Lower court misdirected itself by ignoring an order restoring the applicant’s tenancy; appeal allowed and remitted for enforcement consideration.
Civil procedure – enforcement of judgment/order – application to enforce court order restoring possession – misdirection by trial magistrate for relying on earlier rulings instead of the specific reinstatement order – appeal allowed and matter remitted.
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7 November 1995 |
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Appellate court found trial magistrate erred by ignoring a reinstating order and remitted enforcement to the lower court.
Civil procedure – enforcement of court orders; rescission of eviction order; misdirection by trial magistrate in relying on superseded rulings; appeal allowed and matter remitted for enforcement consideration.
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7 November 1995 |
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Conviction for forgery and stealing by a public servant upheld; sentences reduced (forgery to 3 years, stealing to 5 years) and ordered concurrent.
Criminal law – Forgery and stealing by public servant – Proof by documentary discrepancies, witness testimony and handwriting expert evidence – Absconding as corroboration of guilty knowledge. Sentencing – Reduction of excessive terms – consideration of first offender status and appropriate minimum sentence for stealing by public servant.
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7 November 1995 |
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Conviction for disobeying a court order requires proof the order was lawfully issued; absence of such proof mandates acquittal.
Criminal law – disobedience of lawful order – burden on prosecution to prove the order was lawfully issued; Evidence – necessity to produce origin of attachment order (civil file, issuing magistrate, plaintiff or clerk); Execution by court broker insufficient without proof of lawful authority; Acquittal required where lawfulness of order not established beyond reasonable doubt.
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7 November 1995 |
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Conviction for disobeying an order quashed where prosecution failed to prove the attachment order was lawfully made.
Criminal law – Disobedience of lawful order – Prosecution must prove lawfulness of order; court broker's evidence insufficient – production of originating civil proceedings or testimony of magistrate/plaintiff/court clerk required – reasonable doubt entitles accused to acquittal.
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7 November 1995 |
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Appeal allowed; lower court directed to consider enforcement of the 20/5/92 restoration order.
Enforcement of court orders – rescission of eviction order and restoration – lower court misdirection by reliance on earlier orders – appellate remittal for enforcement consideration.
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6 November 1995 |
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Convictions quashed where divisive prosecution evidence and an uncorroborated co‑accused confession left reasonable doubt.
Criminal law – Conviction unsafe where prosecution evidence is divisive and creates reasonable doubt. Criminal law – Confession by co-accused; cannot alone convict another accused without independent corroboration. Evidence – Court must identify and assess inconsistencies; cumulative contradictions that go to root of case warrant acquittal. Sentencing – Objection to omnibus sentence; legality of combined term considered but convictions overturned on evidential grounds.
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6 November 1995 |
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Conviction under section 312 unsafe where owner known and accused pleaded guilty without opportunity to account for possession.
Criminal law – Possession of property suspected to be stolen – Section 312(1)(b) Penal Code – Scope and application where owner is known. Criminal procedure – Plea of guilty under suspicion-based offence – advisability and necessity for accused to account for possession. Conviction safety – Prosecution’s refusal to support conviction and defective charge warrants setting conviction and sentence aside.
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3 November 1995 |
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Appeal allowed: conviction quashed because identification and proof of robbery were not established beyond reasonable doubt.
Criminal law – Robbery with violence – sufficiency of evidence – identification at scene – requirement to prove guilt beyond reasonable doubt. Criminal procedure – Appeal – abatement on death of appellant under section 371 Criminal Procedure Act. Evidence – value of stolen property – discrepancy between charge sheet and documentary proof (receipt, photograph). Evidence – injuries and medical report (PF3) – alternative explanations (drunkenness, accidental fall) undermining prosecution case.
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3 November 1995 |
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High Court restored Primary Court's award of ten cattle for maintenance, quashed District Court's 60-cattle award, and ordered five cattle returned from estate.
Family law – maintenance during separation – weight of evidence and role of Ward Conciliation Board assessment; appellate interference with factual findings; recovery of property taken prior to death from deceased's estate; continuation of appeal by administrator of deceased.
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2 November 1995 |
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Appellants' robbery convictions upheld on cumulative circumstantial evidence; firearm allegation unsupported and sentences confirmed.
Criminal law – Robbery with violence – circumstantial evidence – whether cumulative circumstantial facts excluded innocence and proved guilt beyond reasonable doubt. Evidence – admissions, evasiveness and corroboration – an accused's inconsistent statements and role in assisting police may corroborate prosecution case. Trial conduct – judge's reference to local conditions and credibility – not necessarily reversible error if evidence otherwise supports conviction. Evidence – alleged use of firearm – must be specifically proved by witnesses; absence of such proof defeats that allegation. Sentencing – fifteen years' imprisonment within statutory limits and not interfered with on appeal.
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1 November 1995 |
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Confessions to police require independent corroboration; co-accused’s statements cannot corroborate convictions.
Criminal law – Confession to police – Necessity of independent corroboration for convictions based on such confessions; Evidence of co-accused – cannot serve as corroboration for another accused; Safety of conviction where accused not found with stolen property.
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1 November 1995 |
| October 1995 |
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Appellate court refuses to disturb concurrent factual findings on whether a livestock transaction was a korni hire or an exchange.
Civil procedure — appellate review of concurrent findings of fact — appellate court will not disturb credibility findings supported by evidence. Customary transactions — korni/kodi (hire/loan-on-calf) v. outright exchange — factual determination for trial court based on witness evidence.
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31 October 1995 |
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Respondent proved ownership of inherited cattle; district court rightly ordered restoration and late appeal was properly entertained.
Property/dispute – ownership of cattle – evidence of inheritance and possession determines ownership over alleged clan/grandfather title. Customary law – where facts show individual inheritance and possession, tribal customs need not be invoked. Civil procedure – extension of time to file appeal – delay excused where record unavailability justified late filing. Remedies – restoration of property and costs.
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31 October 1995 |
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Appeal dismissed: robbery conviction and 15‑year sentence upheld; separate threat conviction properly subsumed in robbery.
Criminal law – robbery with violence – identification evidence – factors: broad daylight, close contact, contemporaneous description and seizure of victim’s property – reliability of identification. Criminal procedure – multiple convictions and omnibus sentence – irregularity not necessarily causing failure of justice. Sentencing – minimum/mandatory sentences – 15 years upheld as within statutory ambit.
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31 October 1995 |
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Convictions upheld; procedural and sentencing errors were curable and did not occasion a miscarriage of justice, appeals dismissed.
Criminal law – Burglary and stealing – Conviction supported by identifying evidence found at scene and arrest at scene. Criminal procedure – Judgment must state offence and section (s.312(2)) – omission curable if no miscarriage of justice (s.388). Sentencing – Omnibus sentence/ failure to allocate separate sentences curable where no prejudice. Appeal – Discretion to order retrial restrained where irregularity did not occasion failure of justice and appellants have largely served sentences.
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31 October 1995 |
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Appellants cannot overturn an unchallenged estate inventory based on late, dubious rent receipts; appeal dismissed with costs.
Probate and administration — inventory of estate — challenge to administrator’s inventory after participating in trial; evidentiary weight of late-obtained rent receipts in proving existence of estate property.
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30 October 1995 |
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Appeal dismissed: conviction for cattle theft upheld on strong evidence; five-year sentence and compensation affirmed.
Criminal law – Theft – Appellant caught in the act (slaughtering stolen cattle) – physical exhibits (meat, viscera, skins) corroborating prosecution case – conviction upheld; sentence of five years and Shs 20,000 compensation not excessive.
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30 October 1995 |
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A parent's custody right is paramount and cannot be withheld by a grandparent pending payment of alleged expenses.
Family law – Custody – Parental right to custody – Welfare of the child paramount – Grandparent cannot withhold custody pending payment – Monetary reimbursement claims are separate civil actions.
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27 October 1995 |
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Serious ill‑health and arguable grounds of appeal can constitute "reasonable cause" for bail pending appeal under section 368.
Criminal procedure – Bail pending appeal – section 368(1) – "reasonable cause" – flexible standard – includes serious ill‑health and lack of medical treatment. Bail pending appeal – prospects of success/arguable grounds – risk of sentence being served before appeal heard may justify bail. Balancing liberty, public safety and public resources when considering bail pending appeal.
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27 October 1995 |
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Applicant granted bail pending appeal where serious illness and arguable inconsistencies in prosecution created reasonable cause.
Criminal procedure – Bail pending appeal under s.368 Criminal Procedure Act – requirement of "reasonable cause" to be recorded in writing – serious illness and inadequate treatment in custody can amount to reasonable cause – prospects of success need not be overwhelming; arguable grounds plus other circumstances may suffice – assessment of factual inconsistencies in prosecution case relevant to grant of bail.
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27 October 1995 |
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Appellant failed to prove title; respondent's village-allocation claim preferred and appeal dismissed with costs.
Land law – ownership of unregistered land – proof of title – village allocation as basis of title – assessment of witness credibility – appellate review of factual findings.
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27 October 1995 |
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Appeal against convictions dismissed; second-count sentence increased to statutory 15 years plus 12 strokes; sentences concurrent.
Criminal law – Armed robbery and unlawful possession of firearm – Credibility of eyewitnesses to disarmament – Sentencing – appellate variation of illegal sentence to statutory penalty including corporal punishment – concurrent sentences.
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26 October 1995 |
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Appellant abandoned land; respondent's occupation lawful; only compensation for trees awarded; appeal dismissed.
Land law – dispute over ownership – abandonment/animus revertendi – absence of intent to retain possession after transfer – occupation by another lawful; remedy limited to compensation for unexhausted improvements (trees).
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26 October 1995 |
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An appellate court must not overturn credibility-based findings; respondent lacked locus to claim maintenance for the daughter.
Civil procedure – appeal – appellate interference with trial court factual findings dependent on credibility; Locus standi – father’s right to sue for maintenance of adult daughter; Family law – Law of Marriage Act 1971 – entitlement to maintenance lies with wife; Proof – absence of power of attorney/administrator appointment undermines authority to sue.
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26 October 1995 |
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Insufficient identification and lack of corroboration meant the prosecution failed to prove cattle theft beyond reasonable doubt; acquittal upheld.
Cattle theft – identification of stolen animal; sufficiency and corroboration of identification evidence; possession as evidence of theft; requirement to prove guilt beyond reasonable doubt; weight of extra‑judicial statements.
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25 October 1995 |
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Appellate court upheld theft conviction, reduced five‑year sentence to two years, and increased compensation to Shs.409,000.
Criminal law – Theft – Credibility of defence of robbery – Appellate review of trial credibility findings; Sentence – Excessiveness of custodial sentence where stolen property is private commercial property; Compensation – Variation of compensation order to reflect actual value of stolen goods including missing empty crates.
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24 October 1995 |
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Appeal against theft conviction dismissed; sentence reduced to two years and compensation increased to Shs.409,000.
Criminal law – Theft – Credibility findings – Trial magistrate’s evaluation of defence robbery story upheld; conviction affirmed. Sentencing – Excessive sentence reduced where Minimum Sentences Act inapplicable. Restitution – Compensation increased to reflect proven value of stolen goods.
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24 October 1995 |
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An Islamic marriage can be judicially dissolved where a conciliation board certifies failure to reconcile and subsequent acts show irreparable breakdown.
Family law – Islamic marriage – effect of Conciliation Board certificate of failure to reconcile – subsequent act dissolving marriage – court’s power to find irreparable breakdown and grant divorce.
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24 October 1995 |
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Appeal against convictions for death and injury by dangerous driving dismissed; trial court's credibility findings and sentences upheld.
Criminal law – Road traffic offences – Causing death and bodily injury by dangerous driving; credibility assessment of eyewitnesses versus accused’s mechanical-failure defence; appellate interference with findings of fact and sentence.
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23 October 1995 |
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A criminal court may not order compensation against an uncharged, unconvicted third party or determine ownership in criminal proceedings.
Criminal law — Compensation orders — Trial court cannot order compensation against a person not charged or convicted; ownership is a civil matter; natural justice requires hearing before imposing liability on absent third party.
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23 October 1995 |
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Conviction for defilement upheld; sentence quashed for reliance on later amendment and replaced with lawful penalty.
Criminal law – Defilement – Identification and credibility of child complainant – Alibi – Sentencing – Non‑retrospectivity of penal amendments (Interpretation of Laws Act s.49) – Substitution of illegal sentence.
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20 October 1995 |
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Whether credible oral evidence established appellant's ownership of a disputed access strip; appellate court restored primary court finding.
Land dispute — ownership of narrow access strip — credibility of vendor’s oral evidence — appellate review of primary court findings — absence at appeal hearing where date fixed by consent — copied documents versus corroborative oral testimony.
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20 October 1995 |
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Amendment to statute makes dangerous-drugs offences non-bailable; court has no discretion to grant bail.
Criminal law – Bail – Dangerous Drugs Ordinance – Classification as economic offence by amendment to Economic and Organized Crime Control Act – Section 35(3)(e) prohibits grant of bail; mandatory bar to bail. Prior magistrate’s bail decision not binding.
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18 October 1995 |
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Delay to file appeal not excused where copy of judgment was obtainable within the limitation period and illness was unproven.
Civil procedure – Limitation of appeals – Time requisite for obtaining copy of decree – only reasonable time excluded; illness unsupported by evidence does not excuse delay; appellant’s failure to obtain copy when available disentitles extension.
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17 October 1995 |
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Appeal allowed: trial errors and insufficient, unreliable evidence made the theft convictions unsafe.
Criminal law — Appeal — Alleged judicial bias and recusal — Late application to disqualify trial magistrate — Impeachment of witness under s.164 Evidence Act — Sufficiency and identification of evidence for stealing offence — Proper recording and use of locus in quo visits.
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13 October 1995 |
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Court allowed ex parte hearing and found municipal council liable for unremitted employee payroll deductions.
Civil procedure – ex parte hearing – defendant’s failure to file statement of defence or enter appearance – Order VIII r.14 Civil Procedure Code. Employment deductions – employer’s statutory deductions from salaries – alleged failure to remit to pension, insurance and housing agencies. Evidence – oral testimony of employees – proof on a balance of probabilities.
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12 October 1995 |
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Appellants’ convictions for robbery quashed because identification was unreliable and evidence was tainted by alleged torture.
Criminal law – robbery with violence – identification evidence – reliability undermined by poor lighting and inconsistent witness accounts; trial court’s reliance on untrustworthy witness – appellate intervention – evidence tainted by alleged torture (Sungusungu) – unsafe convictions quashed.
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12 October 1995 |
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A party cannot evade res judicata by instituting fresh proceedings after a Ward Tribunal’s decision; such subsequent proceedings are void.
Civil procedure – res judicata – re‑litigation of same subject matter – subsequent Primary Court and District Court proceedings declared null and void. Ward Tribunals Act (Act No. 7 of 1985) – quorum and composition requirements – non‑compliance noted. Jurisdiction – Ward Tribunal’s competence to decide serious possession/recovery claims versus minor customary disputes (Part III Schedule). Finality of appeals – limits on superior courts’ ability to regularise tribunal decisions under Act No. 7/1985.
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11 October 1995 |
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Ward Tribunal lacked jurisdiction over land possession dispute; appeals beyond Primary Court were incompetent and proceedings were quashed.
Jurisdiction of Ward Tribunals – limits under Act No. 7/1985; Land disputes involving possession not justiciable in Ward Tribunal; Competence of appeals – section 20(3) Act No. 7/1985 limits appeals to points of law; Proceedings from a tribunal without jurisdiction are null and void and liable to be quashed; Proper forum for land disputes – Primary Court or Land Tribunal under Act No. 22/1992.
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11 October 1995 |
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Reported
Whether appellants were juveniles, making the Minimum Sentences Act inapplicable and requiring sentence reduction.
Criminal law – Conspiracy and robbery with violence – sufficiency of evidence for conviction; Juvenile status and age assessment on appeal – admissibility of additional evidence; Minimum Sentences Act 1972 inapplicable to juveniles; illegal sentence exceeding statutory maximum; substitution of sentences on appeal.
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10 October 1995 |
Criminal Practice and Procedure - Sentence - Sentencing Juveniles - Ascertainment of age of juveniles. |
10 October 1995 |
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Appellate court upheld robbery conviction based on reliable visual identification and properly rejected an un-notified alibi.
Criminal law – Robbery – Visual identification by a single witness – need to eliminate mistaken identity and seek corroborative factors. Criminal procedure – Alibi – requirement to give notice/particulars under s.194(4) Criminal Procedure Act and consequences of failure. Sentence – statutory minimum under Act No.10/89 upheld.
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9 October 1995 |