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Citation
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Judgment date
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| December 1986 |
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Conviction quashed where trial court convicted on unpleaded facts without amending the charge.
Criminal procedure — alteration of charge (s.234 CPA) — conviction cannot rest on a factual basis different from particulars without amendment and plea — failure to amend vitiates conviction; sentence and licence cancellation set aside; retrial discretionary.
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14 December 1986 |
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Voluntary extra-judicial confession admissible; malice not proved, conviction reduced to manslaughter and five-year sentence imposed.
Criminal law – admissibility of extra-judicial statement – voluntariness and proper recording; Criminal law – distinction between murder and manslaughter – requirement to prove malice aforethought; Evidence – witness credibility and identification; Role of assessors' opinion versus judge where confession exists.
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12 December 1986 |
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Night-time identification was unreliable; prosecution failed to prove identity beyond reasonable doubt, so conviction was quashed.
* Criminal law – Identification evidence – Requirement to prove identity beyond reasonable doubt; night-time/low-light identification may be unreliable.
* Criminal procedure – Appeal – Effect of State not supporting conviction; appellate court must assess evidence and law.
* Evidence – Proof of the offence vs proof of identity – conviction cannot stand where identity remains doubtful.
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1 December 1986 |
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1 December 1986 |
| November 1986 |
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Reported
Probate and administration - Revocation of appointment of administrator of estate of deceased - Reasons that may Justify such revocation. |
29 November 1986 |
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Misapplication of estate assets by an administrator justified revocation, surrender of appointment documents, and liability to account.
* Administration of estates – Misapplication or loss of estate assets – proof on balance of probabilities.
* Revocation of administrator – rule 3.2(o) of 5th Schedule, Magistrates' Courts Act – misapplication as sufficient cause.
* Liability of administrator – s.8 of 5th Schedule – duty to make good loss or damage and to account.
* Remedies – surrender of appointment documents, appointment of new administrator, civil action for value of unaccounted property.
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29 November 1986 |
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Circumstantial evidence proved the accused caused death but not malice aforethought, resulting in manslaughter conviction.
Criminal law – Circumstantial evidence – standard and sufficiency; Assault resulting in death – distinguishing accidental fall from inflicted injuries; Intoxication and proof of malice aforethought; Pesticide evidence – proof of forced administration; Manslaughter versus murder (s.195).
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27 November 1986 |
| October 1986 |
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Acquittal where inconsistent witness accounts and uncorroborated accomplice statements left reasonable doubt.
Criminal law – Murder – sufficiency of evidence and reasonable doubt; accomplice and extra‑judicial statements – requirement for corroboration; probative value of alleged admissions before elders; traditional oath refusal insufficient for conviction.
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18 October 1986 |
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Accused who joined a group assault causing fatal head injuries convicted of manslaughter; reasonable‑force defence rejected.
* Criminal law – Unlawful killing/manslaughter – Liability of persons who join group assault causing fatal head injuries.
* Criminal law – Defence of justification/reasonable force – Excessive force in apprehending a suspected thief not lawful.
* Evidence – Post‑mortem and eyewitness testimony establish causation between assault and death.
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18 October 1986 |
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Appeal allowed: district court judgment set aside because respondent's claims lacked credible, corroborated evidence.
Civil procedure – burden and sufficiency of evidence – claim for goods and expenses – bare allegations and uncorroborated testimony insufficient to sustain judgment.
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10 October 1986 |
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District Court lacked jurisdiction over scheduled offence of unlawful possession of government trophy; proceedings quashed and sentence set aside.
* Criminal jurisdiction – Scheduled offences – unlawful possession of government trophies – offence classified under Economic Sabotage (Amendment) Act 1983 and Economic and Organized Crime Control Act 1984 – triable by High Court sitting as Economic Crimes Court.
* Procedure – Revision for want of jurisdiction – conviction and sentence quashed and set aside.
* Wildlife law – possession of government trophy – interplay with economic/organized crime legislation.
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4 October 1986 |
| September 1986 |
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Non-compliance with section 214 and unsafe night identification led to conviction and sentence being quashed.
* Criminal procedure – change of presiding magistrate – section 214 Criminal Procedure Act – duty to inform accused of right to have witnesses re-summoned – non-compliance renders proceedings a nullity.
* Evidence – identification – night-time conditions, darkness inside dwelling and lack of corroboration render identification unsafe.
* Evidence – alibi supported by defence witness may raise reasonable doubt where uncontradicted.
* Remedy – conviction and sentence quashed where proceedings are irregular and identification evidence is unreliable.
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10 September 1986 |
| August 1986 |
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Forfeiture set aside where evidence showed a valid licence and therefore lawful possession; property to be returned or value paid.
* Criminal law – Forfeiture of property – Forfeiture not appropriate where accused’s possession is lawful by virtue of a valid licence. * Licence validity – Dates of licence and date of possession determine lawfulness of possession. * Restitution – Return of property or payment of proceeds/value where forfeiture set aside.
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15 August 1986 |
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A duplicitous charge or unviewed exhibits do not void conviction absent prejudice; forfeited goods must be sold for Government revenue.
* Criminal law – Charge formulation – duplicity/omnibus charges – prejudice required to quash conviction.
* Criminal procedure – Sufficiency of particulars – necessity to inform accused of nature of offence.
* Evidence/procedure – Viewing and tendering of exhibits – failure to view not fatal absent prejudice.
* Property forfeiture – Forfeiture to Government; proceeds to be realized as Government revenue (not gratuitous transfer to a parastatal).
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13 August 1986 |
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Insufficient circumstantial evidence rendered the appellant’s conviction for shop theft unsafe; conviction quashed and sentence set aside.
Criminal law – Theft – Sufficiency of evidence – Circumstantial evidence and inferences – Rejection of defence does not alone prove guilt – Unsafe conviction to be quashed.
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11 August 1986 |
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Whether a herdsman’s customary Nsika tenure became ownership by enfranchisement, allowing inheritance and valid sale.
Land tenure – Customary Nyarubanja tenancy – Nsika (labour) as consideration for occupancy – Enfranchisement converting customary tenure into ownership – Succession and validity of sale by heirs.
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2 August 1986 |
| July 1986 |
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A theft conviction cannot stand where evidence fails to exclude the possibility of third‑party access.
Criminal law – Theft – Circumstantial evidence – Failure to exclude reasonable possibility of third‑party access – Proof beyond reasonable doubt – Negligence of watchman insufficient for theft conviction.
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24 July 1986 |
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Circumstantial evidence insufficient to convict where the appellant’s credible, corroborated defence raised reasonable doubt.
Criminal law – circumstantial evidence – sufficiency to convict; Credibility of accused’s defence corroborated by witnesses; Burden on prosecution to disprove defence beyond reasonable doubt; Absence of PF3 or visible injuries not fatal to accused’s defence.
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24 July 1986 |
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Appellate court quashed conviction where vehicle identity was proven but battery and fingerprint evidence were unreliable and procedurally defective.
Criminal law – identification of stolen property – vehicle identity proved by production of registration card and vehicle; ancillary item (battery) identification insufficient; fingerprint evidence – expert evidence tendered in absence; accused’s right to summon and cross‑examine expert; unsafe conviction; appeal allowed.
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23 July 1986 |
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Appeal allowed where vehicle identity was established but battery and fingerprint evidence were unreliable and conviction unsafe.
* Criminal law – evidence – identification of stolen vehicle – production of registration card and inspection of vehicle may establish identity despite missing number plates; engine and chassis numbers important. * Criminal law – evidence – identification of chattels (battery) – common items require distinctive marks to be relied upon. * Criminal procedure – forensic/expert evidence – requirement to notify accused and afford opportunity to cross‑examine expert; tendering expert evidence in absence may undermine fairness. * Evidence – fingerprint evidence – issues of location (inside/outside), accidental contact and sufficiency to convict. * Criminal law – standard of proof – conviction unsafe if identification and forensic evidence leave reasonable doubt.
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23 July 1986 |
| June 1986 |
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Robbery conviction quashed for lack of independent corroborative evidence; conviction and sentence set aside, immediate release ordered.
Criminal law – Robbery (s.285 Penal Code) – Sufficiency of evidence – Requirement for independent corroboration of accomplice or victim evidence – Appeal against conviction – Setting aside conviction and sentence where corroboration absent.
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23 June 1986 |
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Unauthorized subletting, rent default and property damage justified eviction; trial court's findings upheld on appeal.
* Landlord and Tenant – Subletting – Unauthorized subletting of rented premises is a ground for eviction. * Landlord and Tenant – Rent default and damage – Non-payment of rent and property damage support claim for vacant possession. * Evidence – Sub-tenant testimony and documentary indications can establish unauthorized subletting. * Appeals – Appellate court will uphold trial findings properly supported by evidence.
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18 June 1986 |
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Appeal allowed: lack of intent to permanently deprive meant theft convictions were unsafe and quashed.
Criminal law – Theft – Intention to permanently deprive (mens rea) – Credibility of complainant – Acquittal where absence of requisite intent – Convictions quashed.
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18 June 1986 |
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Appellant failed to prove malicious prosecution, false imprisonment, or special damages; appeal dismissed with costs.
* Civil torts – malicious prosecution – whether malice established; * False imprisonment – proof of detention period and lock-up records; * Special damages – proof of causation and loss of perishable hotel provisions; * Appeal – appellate review of trial court credibility findings.
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17 June 1986 |
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The court upheld the appellants' conviction and minimum sentence, finding eyewitness identification in bright light reliable.
Criminal law – Robbery with violence – Eyewitness identification – Recognition by bright light and by voice – Credibility of complainants – Appeal against conviction and sentence – Minimum statutory sentence affirmed.
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13 June 1986 |
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Court quashed most appellants' goat-theft convictions for insufficient evidence; the father's conviction was upheld.
Criminal law – theft – sufficiency of evidence and circumstantial proof; possession of animal meat and slaughter evidence – inference of guilt; liability of cohabitants and familial receivers – proof required; identification of recovered property as stolen.
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12 June 1986 |
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Court upheld robbery convictions based on identification, possession of stolen goods and incriminating conduct; appeals dismissed.
Criminal law – Robbery with violence – identification at night by torchlight; corroboration by possession of stolen property; discovery of burned stolen goods; attempted bribery as incriminating conduct; appeals dismissed.
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12 June 1986 |
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Conviction based on suspicion and circumstantial links was unsafe where reasonable alternatives were not excluded.
Criminal law – theft by public servant – circumstantial evidence – burden of proof beyond reasonable doubt – suspicion insufficient – necessity to exclude reasonable alternative hypotheses (duplicate key/unknown depositor).
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10 June 1986 |
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Appellate court upheld burglary and stealing convictions based on strong circumstantial and witness evidence; appeal dismissed.
Criminal law – Burglary and stealing – Entry by roof tiles and use of rear door key as circumstantial evidence – Credibility of accused’s explanation – Appeal dismissed.
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2 June 1986 |
| April 1986 |
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Insufficient medical detail to prove grievous harm; conviction reduced to assault causing actual bodily harm and sentence upheld.
* Criminal law – Grievous harm (s.225 Penal Code) – proof requires adequate medical or descriptive particulars of injury; vague reports insufficient. * Criminal law – Identification – daytime, close acquaintanceship supports reliable identification. * Criminal law – Conviction may be substituted to lesser offence (assault causing actual bodily harm, s.241) where elements of grievous harm are not established. * Sentence review – two-year term and compensation upheld as not excessive.
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29 April 1986 |
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29 April 1986 |
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Reported
Criminal Law - Malicious damage to property - Uprooting of poles - No proof of damage - Whether the offence committed.
Criminal Practice and Procedure - Sentencing - Concurrent sentences - Two sentences of fine or imprisonment in default thereof imposed - The alternative terms of fine ordered to run concurrently - Whether proper. |
20 April 1986 |
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Election nullified for material non‑compliance with the Elections Act that deprived voters and affected the result.
Election law – non‑compliance with Elections Act and Regulations – wrong voters’ register, relocation and cancellation of polling stations, shortage of ballot papers, premature closure, failure to provide polling facilities – effect on result where margin is narrow.
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11 April 1986 |
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Convictions for housebreaking, theft and arson quashed for insufficient evidence and improper charging; accused ordered released.
Criminal law — composite offence and duplicative counts; improper charging of separate theft where housebreaking includes theft — conviction quashed. Insufficiency of evidence — presence on duty and possession of cash after a fire do not alone prove breaking, theft or conspiracy to commit arson. Appellate revisionary powers may be invoked to quash unappealed convictions.
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4 April 1986 |
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Appeal dismissed: identification at night and corroborative evidence upheld; cross‑examination omission deemed a curable irregularity.
Criminal procedure — omission to allow co-accused to cross-examine — curable irregularity under s.388(1) CPA; Identification evidence — visual ID at night, favourable circumstances and corroboration; Circumstantial evidence — neighbour's sighting, cartridge recovery and gunshots corroborate ID and negate alibi.
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4 April 1986 |
| March 1986 |
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Conviction quashed where magistrate lacked jurisdiction and DPP consent under the 1984 Economic Crimes Act.
* Economic and Organised Crime Control Act 1984 – scheduled offences – hoarding money – offences to be tried under the Act, not Penal Code. * Jurisdiction – s.3 High Court sitting as Economic Crimes Court. * Prosecution prerequisites – s.12(3) certificate; s.26 DPP consent required before trial. * Trial without statutory consent/certificate is a nullity; conviction and orders quashed.
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26 March 1986 |
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Conviction quashed where duplicate safe key evidence raised reasonable doubt; illegal three-year sentence raised to five years for co-accused.
Criminal law – theft and office breaking – proof beyond reasonable doubt – circumstantial and contradictory testimony about keys to safe; appellate review of convicting magistrate's disregard of material evidence; sentencing – illegal sentence substituted by court's revisional powers to impose statutory minimum.
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26 March 1986 |
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Appellate court restored trial court’s finding of lawful allocation and occupation of disputed land, setting aside the district court reversal.
* Land law – allocation by village committee – validity of allocation made in absence of village chairman – whether absence of chairman vitiates allocation.
* Civil procedure – appellate review – interference with primary court findings of fact and credibility.
* Evidence – continuous occupation, on-site inspection and boundary markers as support for title/possession findings.
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17 March 1986 |
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13 March 1986 |
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Whether conviction for receiving stolen goods was supported by evidence and justified credibility findings.
Criminal law – Receiving stolen property – Sufficiency of evidence to prove knowledge and possession – Credibility findings of trial court – Appropriateness of sentence.
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11 March 1986 |
| February 1986 |
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Conviction for theft by a cashier quashed where documentary attribution, witness corroboration and investigation were inadequate.
Criminal law – Theft by servant – Sufficiency and reliability of documentary and oral evidence – Witness with interest requiring corroboration – Hearsay and unsigned explanatory letters – Inadequate investigation and improper trial procedure rendering conviction unsafe.
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28 February 1986 |
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Convictions for conspiracy to rob quashed where single witness unreliable and circumstantial evidence amounted only to suspicion.
* Criminal law – conspiracy to commit robbery – whether circumstantial evidence and presence of weapons and uniforms establish intent to rob; reliability of single eyewitness testimony – suspicion insufficient for conviction.
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18 February 1986 |
| January 1986 |
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Whether an accused’s admission of knowing a vehicle’s defective steering can sustain a conviction for careless driving causing injury.
Criminal law — Traffic offences — Causing bodily injury by careless driving — Reliance on accused’s admission about defective steering — Burden of proof in criminal cases — Evaluation and rejection of eyewitness evidence regarding speed.
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1 January 1986 |