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Citation
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Judgment date
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| December 1973 |
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Without proof that driving without a switch caused the damage, appellant not liable for full driveshaft replacement.
Motor vehicle repairs — causation of mechanical failure — burden on claimant to prove damage caused by defendant’s wrongful act; appellate review — necessity to identify errors in trial court findings before varying award.
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17 December 1973 |
| November 1973 |
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Conviction quashed where trial magistrate wrongly equated admission of shortage with admission of guilt.
Criminal law – fraudulent false accounting and theft – sufficiency of evidence – admission of shortage not ipso facto admission of guilt – appellate intervention where conviction is against weight of evidence – misdirection by trial magistrate renders conviction unsafe.
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29 November 1973 |
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Ownership adjudication is res judicata; purchasers’ titles upheld absent proof of collusion or prohibited disposition; appeal dismissed.
* Civil procedure – res judicata – ownership previously adjudicated cannot be reopened.
* Enforcement – attachment of land – effect of post-judgment alienation by judgment debtor.
* Property law – bona fide purchasers; requirement of evidence of prohibition or collusion to set aside purchases.
* Remedies for judgment creditors where judgment debtor disposes of assets.
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24 November 1973 |
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Possession suits require proof of title; appellate court restored primary judgment after district court relied on unpleaded long occupation.
* Land law – possession – suit for possession – plaintiff must prevail by strength of his title only; possession by defendant is decisive absent superior title. * Evidence – long occupation/adverse possession – cannot be relied on if not pleaded or supported by evidence; appellate correction for misdirection on facts. * Customary determination – elders’ ruling permitting occupation with restriction on permanent crops relevant to occupation status.
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23 November 1973 |
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Insufficient reliable evidence linked the accused to the fatal injury; accused acquitted for lack of proof beyond reasonable doubt.
Criminal law – murder – causation and proof beyond reasonable doubt – weight of post-mortem evidence – reliability and timing of witness statements – dying declaration admissibility.
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22 November 1973 |
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Whether attempted murder was proved beyond reasonable doubt given unreliable identification and inconsistent witness and circumstantial evidence.
* Criminal law – Attempted murder – proof beyond reasonable doubt; * Identification evidence – night-time visibility, moonlight, distance; * Witness credibility – inconsistencies and hostile witness; * Circumstantial and medical evidence – nature and chronology of wounds; * Assessors’ conflicting opinions and impact on verdict.
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5 November 1973 |
| October 1973 |
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Accused convicted of manslaughter: self‑defence rejected, intoxication and provocation mitigated sentence to three years.
Criminal law – Manslaughter by stabbing – Post‑mortem evidence of fatal chest wound – Self‑defence rejected – Intoxication and provocation as mitigating factors – Circumstantial evidence and concealment of weapon.
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20 October 1973 |
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Adultery was proved on balance of probabilities with sufficient corroboration; Primary Court award reinstated and appeal allowed with costs.
Evidence — adultery — standard of proof on balance of probabilities; corroboration by admissions, eyewitnesses and physical items; appellate review of factual findings; procedural irregularities — improper cross‑examination and failure to record assessor's views.
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19 October 1973 |
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Accused acquitted of murder because inconsistent eyewitness accounts and disputed weapon ownership left reasonable doubt.
Criminal law – Murder – Post‑mortem confirms death by sharp-force injuries; eyewitness identifications and ownership/recovery of weapon inconsistent – insufficiency of evidence to establish identity of assailant – benefit of doubt leads to acquittal.
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13 October 1973 |
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Sustained unlawful assault causing fatal blunt trauma convicted as manslaughter; accused sentenced to six years.
* Criminal law – Manslaughter – whether unlawful, sustained assault caused fatal injuries (ruptured spleen, multiple rib fractures) – causation established by medical and eyewitness evidence.
* Evidence – credibility of eyewitnesses and police testimony versus accused's unsworn exculpatory statement.
* Sentencing – mitigation for first offender, youth and family circumstances; six-year term imposed.
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11 October 1973 |
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A conditional divorce granted without the section 101 Board referral is invalid and the Primary Court lacked jurisdiction.
Family law – Divorce – conditional divorce orders invalid; Law of Marriage Act s.101 – referral to Reconciliation Board and certificate required before petitioning for divorce; Exceptions to s.101 must be proved by respondent; Jurisdiction – Primary Court cannot grant divorce absent statutory prerequisite.
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7 October 1973 |
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Court held co-defendants severally liable and apportioned compensation by acreage destroyed.
Tort — Damage to growing crops — Joint liability improperly imposed where tortfeasors acted independently — Damages to be apportioned by extent of damage; appellate variation of quantum; care in judgment transcription.
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3 October 1973 |
| September 1973 |
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Minor evidential inconsistencies and a mislabelled award did not warrant overturning the judgment; appeal dismissed.
Appeal – review of findings of fact; right to cross-examine and call witnesses; materiality of minor contradictions in testimony; misdescription of award (maintenance vs. damages) and substantial miscarriage of justice.
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27 September 1973 |
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Conviction for stealing relief food quashed for insufficient evidence and failure to prove dishonest intent.
Criminal law – theft of relief goods – sufficiency of evidence and proof of dishonest intention; prosecution’s duty to call material witnesses; credibility and inconsistencies in witness testimony; inferences from unexplained expenditure.
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7 September 1973 |
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Evidence of long cultivation and visible boundary upheld respondent’s possessory claim; appeal dismissed with costs.
Land dispute – possession and cultivation – continuous occupation and visible boundary furrow as evidence of possessory rights; delay in asserting title and acquiescence; Primary Court procedure – magistrate must explain appeal rights, not order appeal; appellate tone and judicial propriety.
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7 September 1973 |
| August 1973 |
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A claimant cannot sue a non-owner for possession; Tribunal decisions must be appealed to the Minister.
Property law – possession and title – claimant cannot sue a non-owner for possession; Civil procedure – right to be heard – court cannot order dispossession of non-parties; Customary (Leasehold) Enfranchisement Act – Tribunal decisions and remedies – statutory appeal to Minister is exclusive remedy.
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27 August 1973 |
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An appellant's admissions and prior unsuccessful suit defeated a factual challenge to the respondent's title; appeal dismissed with costs.
Civil procedure – second appeal; factual findings – appellate interference where findings supported by evidence; admissions – prior unsuccessful suit and signed agreement affecting title; rent recovery – proof of ownership and agreement; costs awarded.
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24 August 1973 |
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Whether the respondent could force the appellant to marry absent proof of a valid marriage or dowry.
Family law – Forced marriage – Whether a parent may compel an adult daughter to marry – Validity of customary marriage and dowry: gifts as dowry versus penalties – Standard of evidence required to prove marriage – Custody of child following disputed marriage claim.
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15 August 1973 |
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Appeal dismissed: claim barred by res judicata; earlier final judgment must be appealed, not reopened by fresh suit.
* Civil procedure – Res judicata – Suit dismissed as res judicata where same dispute previously adjudicated; prior decision must be appealed in time. * Civil procedure – Finality of judgment – Fresh suit cannot be used to challenge merits of prior judgment. * Evidence – Bare, uncorroborated allegation that trial magistrate denied right of appeal insufficient to vitiate prior judgment.
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14 August 1973 |
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Primary Court properly determined ownership in an estate-distribution objection; Customary Land Tribunal lacked jurisdiction; appeal dismissed.
* Jurisdiction — Customary Leasehold (Enfranchisement) Act — limits of Customary Land Tribunal jurisdiction; * Civil procedure — Primary Court jurisdiction in estate distribution objections; * Property law — court’s power to determine ownership when objection to estate distribution is raised; * Evidentiary sufficiency — proof of ownership/purchase in disputes over estate property.
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11 August 1973 |
| July 1973 |
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Conviction for obstructing a police officer quashed for insufficient evidence; liquor conviction amended to keeping premises open after hours.
Criminal law – obstruction of a police officer – insufficient and inconsistent eyewitness testimony cannot support conviction; Intoxicating Liquor Act – keeping licensed premises open after hours – proof of consumption is prima facie evidence of sale but prosecution must produce supporting exhibits; irregularity in charge particulars may be cured by amendment when no injustice results.
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27 July 1973 |
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Appellate court substituted probation with a fine or imprisonment for serious wildlife trophy possession.
Fauna Conservation Ordinance – unlawful possession of elephant tusks and leopard skins – seriousness and deterrence – sentencing discretion – appellate interference justified where probation inadequately reflects gravity – forfeiture of trophies.
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23 July 1973 |
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Conviction quashed because trial court failed to consider defence, leaving a reasonable doubt about guilt.
Criminal law – conviction unsafe where trial court failed to consider defence – non-direction; Corruption offence – sufficiency of evidence for alleged bribe where serial numbers not recorded; Possession of suspected stolen property – evidentiary gaps; First appeal – appellate re-assessment of whole evidence and benefit of doubt to appellant.
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20 July 1973 |
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Forgery convictions require proof of accused’s handwriting; stealing and uttering convictions upheld and concurrent individual sentences imposed.
* Criminal law – Stealing by public servant – evidence of shortages and fictitious receipts sufficient to sustain conviction. * Forgery – requires proof of accused’s handwriting/signature; absence of such proof defeats conviction. * Uttering – handing over false documents to a superior constitutes uttering. * Sentencing – omnibus sentences are improper; separate sentences must be imposed and can be ordered to run concurrently.
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20 July 1973 |
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Appeal against convictions for theft and forgery dismissed; trial findings on credibility, guilt and sentences affirmed.
* Criminal law – Theft and forgery – sufficiency of evidence and assessment of credibility of accused’s explanations.
* Forgery – making a document purporting to be genuine to facilitate theft – proof of fraudulent intent.
* Appeal – appellate interference with findings of fact and sentencing – limited where trial court credibility findings are supported by evidence.
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2 July 1973 |
| June 1973 |
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The applicant failed to prove the respondent liable under Chagga custom; appeal dismissed for lack of evidence.
* Customary law – liability for loss of livestock – Chagga custom attributing compensation obligation to the person caring for cattle on the day of loss.
* Evidence – burden of proof in claims for livestock loss – failure to prove that the respondent was the caretaker.
* Civil procedure – appellate review – reluctance of second appellate court to disturb concurrent factual findings when supported by some evidence.
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26 June 1973 |
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Conviction quashed where evidence failed to connect accused to stolen items; co-accused's identification was upheld.
Criminal law — Burglary and robbery with violence — Sufficiency of evidence linking accused to stolen property and weapons — Identification evidence — Inconsistencies in police testimony and descriptions of stolen items — Sentencing — Requirement to produce records of previous convictions and to put alleged prior convictions to accused.
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15 June 1973 |
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Whether the prosecution proved nighttime burglary; court substituted housebreaking conviction and upheld stealing conviction against the appellant.
Criminal law – Burglary – requirement that breaking be committed at night; Identification and possession – sufficiency of thin identification evidence to support stealing conviction; Substitution of conviction from burglary to housebreaking; Sentence not interfered with where previous similar conviction and legal minimum sentence.
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15 June 1973 |
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Insufficient proof of nocturnal breaking; stealing upheld and burglary reduced to housebreaking.
Criminal law – Burglary – essential element of nocturnal breaking must be proved; possession of stolen goods can support conviction for stealing; identification of goods requires descriptive detail to permit appellate review; conviction may be substituted for a lesser offence where evidence does not support original charge.
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15 June 1973 |
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An appellate court will not upset trial factual findings in a boundary dispute unless those findings are unreasonable.
* Boundary dispute – question of fact – assessors and magistrate’s view of land; appellate interference with factual findings only where unreasonable.
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14 June 1973 |
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Conviction for theft upheld on one count due to unproven explanations; second count quashed and statutory minimum sentence not applicable.
* Criminal law – Theft by servant – where funds deposited with District Council belonged to a cooperative society, charge must correctly allege ownership.* Evidence – missing cash and uncorroborated explanations – conviction may be upheld when defendant fails to produce supporting witnesses or documents.* Sentencing – Minimum Sentences Act does not apply unless the predicate facts (e.g., society registration) are proved.
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14 June 1973 |
| May 1973 |
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Appeal allowed: respondent failed to prove entitlement to cattle due to inconsistent evidence and omission of crucial witness.
Civil procedure and evidence – burden of proof on balance of probabilities – assessment of credibility – failure to call a material disinterested witness – appellate interference where lower courts failed properly to analyse evidence.
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4 May 1973 |
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Cattle-theft conviction upheld on strong identification and recent possession; embezzlement conviction undermined by doubts about the alleged accounting deficit.
* Criminal law – Theft – Identification by matching skins and recent possession – conviction may be sustained where physical evidence and possession closely follow loss.
* Criminal law – Burden of proof – Circumstantial and accounting evidence – where ledger entries omit recent transactions, guilt for embezzlement may not be established beyond reasonable doubt.
* Evidence – Appellate admission of additional evidence – permitted where material issues not addressed at trial and justice requires further proof.
* Public officers – Stealing by servant (Penal Code ss.265, 271) – prosecution must prove actual deficit after accounting for all relevant transactions.
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3 May 1973 |
| April 1973 |
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Conviction quashed where identification evidence was unreliable and tainted by suggestive police identification.
* Criminal law – Evidence – Visual identification – Reliability where witness identifies accused after viewing him at the police station and without prior description – Suggestive identification by police may render evidence unreliable.
* Criminal procedure – Appeal – Conviction unsafe where identification evidence is tainted and leaves reasonable doubt.
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14 April 1973 |
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Appellate court affirms housebreaking convictions, upholds trial court’s credibility findings and sentences as not excessive.
* Criminal law – Housebreaking (s 294(1) Penal Code) – convictions based on being found inside premises; credibility of accused’s explanation and physical evidence (cut mosquito wire, property found outside). * Appeals – role of appellate court in reviewing trial magistrate’s findings of fact and credibility. * Sentence – appellate review of alleged excessiveness.
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14 April 1973 |
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Destruction of substantial trial record by fire rendered conviction unsafe; appeal allowed, conviction quashed and retrial ordered.
* Criminal law – Loss or destruction of trial record – Effect on safety of conviction – retrial as appropriate remedy.
* Evidence – Missing written evidence pages – impairment of appellate review where portions of trial record destroyed by fire.
* Sentence – Credit for time already served where retrial is ordered due to lost record.
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14 April 1973 |
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A caution statement admitting theft amounted to a confession; conviction upheld on credible evidence and appeal dismissed.
Criminal law – Theft by servant – Admissibility of caution statements – Substance of statement may constitute confession; credibility assessment – Minor discrepancies in dates/amounts immaterial – Duty of trial courts to produce legible records for appeal.
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13 April 1973 |
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Appellant's bare denial failed; credible evidence entitled respondent to cattle — appeal dismissed with costs.
Family law – claims between former concubines – allocation of domestic property including livestock; evidence – weight of witnesses and insufficiency of unsubstantiated denial on appeal; appellate review of factual findings.
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12 April 1973 |
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Appeal against robbery-with-violence conviction dismissed where evidence, identity and sentence were properly established.
* Criminal law – Robbery with violence – sufficiency of evidence – proof of identity.
* Criminal law – Elements of the offence – whether prosecution proved necessary ingredients.
* Sentencing – Minimum Sentence Act s.6(3) – sentence not excessive.
* Appellate review – deference to trial magistrate’s findings where record supports them.
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2 April 1973 |
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Conviction for unlawful wounding quashed where evidence was confusing and the defence and a self-injury statement were not properly considered.
Criminal appeal – unlawful wounding – sufficiency and reliability of evidence; failure of trial court to consider defence and medical statement that injury was self-inflicted; conviction unsafe.
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2 April 1973 |
| March 1973 |
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Appellate court reduced an excessive fine for transporting goods where licence renewal was pending; other sentence upheld.
Traffic offences – Driving without motor machine licence; Transporting goods without licence – Mitigating facts of pending licence renewal – Excessive fine – Duty of trial magistrate to elicit essential mitigating facts.
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27 March 1973 |
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Affiliation proceedings heard before the child’s birth are nullities; maintenance orders must be for the child and reflect parties' means.
Affiliation Ordinance — jurisdiction to hear application only after birth — hearing before delivery is nullity; statutory relief limited to child’s maintenance and expenses incidental to birth; maternal pregnancy expenses are not recoverable as anticipatory maintenance; courts must consider parties’ means and elicit supporting evidence before ordering maintenance.
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27 March 1973 |
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Convictions quashed where spouse’s alleged statement was inadmissible and identification of stolen goods was insufficient.
* Criminal law – shop breaking and stealing – admissibility of spouse’s out-of-court statement – requirement of statutory caution (Evidence Act s.130(2)).
* Evidence – prior inconsistent statements and hostile witness procedure – limitations on using out-of-court statements as substantive evidence.
* Evidence – accomplice testimony and need for corroboration – trial magistrate’s misdirection.
* Identification – insufficiency of particular description of recovered goods to sustain conviction.
* Circumstantial evidence – purchase of property shortly after offence insufficient without further connection.
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27 March 1973 |
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Primary Court lacked jurisdiction for a cattle trespass (tort) claim and Iraqw customary law does not allow monetary compensation for destroyed crops.
Customary law – Iraqw tribe – no customary rule for monetary compensation for crop destruction by cattle; Civil procedure – jurisdiction – Primary Courts lack jurisdiction over tort claims (cattle trespass) which must be instituted in district or resident magistrate's court.
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17 March 1973 |
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Robbery conviction quashed for lack of force; burglary conviction upheld and remitted for sentencing.
Criminal law – Robbery requires proof of force or threat of force; mere possession of a weapon or a command to be quiet is not necessarily a threat. Criminal law – Burglary upheld where stolen property is recovered in accused’s premises and the trial court’s credibility findings are supported by evidence. Appellate review – appellate court will not disturb trial court’s acceptance of witness evidence absent compelling reason. Sentencing – matter remitted to trial magistrate when sentence falls within its jurisdiction.
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16 March 1973 |
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First appellant’s conviction upheld; second appellant’s conviction quashed for lack of corroboration and unsafe conviction.
Criminal law – Shopbreaking and stealing – Identification and circumstantial evidence – Accomplice evidence requiring corroboration – Trial court’s failure to direct on corroboration – Presence/possession insufficient without independent corroboration.
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16 March 1973 |
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Non‑compliance with section 206 (right to testify/call witnesses) vitiates conviction; retrial ordered.
Criminal procedure – section 206 Criminal Procedure Code – mandatory duty to inform accused of right to give evidence and call witnesses at close of prosecution case; non‑compliance renders conviction unsafe and warrants retrial where prosecution has made prima facie case.
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16 March 1973 |
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Sentence set aside where goods under 100/= and appellant a first offender; special circumstances justified immediate release.
Criminal law – Stealing by agent – Minimum Sentences Act (s.6) – Value threshold under 100/= – First offender – Special circumstances – Sentence varied to allow immediate release.
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15 March 1973 |
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Unsupported claims of hardship insufficient to waive court fees; application for leave to appeal without fees dismissed.
Civil procedure – application for leave to appeal without payment of court fees – burden to show indigence – factual finding by District Magistrate as to assets and income – appellate court will not disturb clear insufficiency of evidence to establish inability to pay.
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3 March 1973 |
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Conviction quashed because trial judge failed to direct on accomplice corroboration and evidence did not prove burglary.
Criminal law – accomplice evidence – requirement for corroboration where co-accused implicates accused; burglary – proof of breaking; recent possession – proximate timeframe to infer theft; duty to direct on accomplice corroboration.
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2 March 1973 |