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Citation
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Judgment date
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| December 1987 |
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Insufficient proof of malice aforethought; accused convicted of manslaughter, not murder, and sentenced to five years.
* Criminal law - murder v. manslaughter – requirement of malice aforethought; proof of intent to kill.
* Evidential assessment – conflicting assessor views and circumstantial evidence (pursuit, scene of stabbing).
* Defence of accidental killing/self-defence – where death occurs in a mutual fight, accidental killing may negate malice aforethought.
* Sentence – consideration of custody already served.
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16 December 1987 |
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Single credible eye‑witness testimony supported conviction for intentional murder; accused sentenced to death.
Criminal law – Murder – Identification and single eye‑witness evidence – Reliability and sufficiency for conviction; Defence of accident rejected; Mental capacity (sound mind) confirmed.
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16 December 1987 |
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Reliable visual identification upheld despite grudges; appeals against robbery convictions dismissed.
* Evidence — Visual/identification evidence — Reliability and sufficiency to support conviction; factors: lighting, prior acquaintance, prompt identification, detailed description.
* Criminal law — Robbery with violence — proof beyond reasonable doubt.
* Evidence — Effect of prior grudges or bad relations on credibility of identification.
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12 December 1987 |
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Appellate court affirmed assault convictions and 18‑month sentences where prosecution witnesses were credible and defence evidence unreliable.
Criminal law – Assault causing actual bodily harm – Credibility of prosecution and defence witnesses; corroboration by independent eyewitnesses; motive (prior conviction) as supporting inference of participation; appellate review of factual findings and sentence.
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12 December 1987 |
| November 1987 |
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27 November 1987 |
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27 November 1987 |
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Appeal against conviction for misappropriating entrusted funds dismissed for failure to account and implausible defence.
* Criminal law – Entrustment of money to purchase goods – Failure to account for or return entrusted funds – evidence and credibility of witnesses – conviction upheld.
* Defence of partial performance and offer of goods – lack of corroboration and failure to account for balance undermines defence.
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21 November 1987 |
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16 November 1987 |
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Eyewitness and medical evidence upheld convictions for assault and malicious damage; appeal dismissed.
Criminal law – assault causing bodily harm – identification evidence and PF3 corroboration; malicious damage to property – eyewitness proof of vehicle damage; absence of vehicle inspection report not fatal to prosecution; appeal dismissed.
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10 November 1987 |
| October 1987 |
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Adverse possession and inheritance, supported by continuous possession, establish customary land ownership; appeal dismissed.
Customary land law – methods of acquisition (clearing virgin forest; allocation by authority; sale; gift) – adverse possession – requirement of twelve years’ continuous and uninterrupted possession – appellate review where trial court mis-evaluates evidence.
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28 October 1987 |
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Torch-assisted visual identification was reliable; failure to give alibi notice and strong ID evidence led to dismissal of the appeal.
Criminal law – robbery with violence – visual identification at night – admissibility and reliability of identification evidence – alibi notice (section 194) – failure to comply permits disregard of alibi – appeal dismissed.
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27 October 1987 |
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Identification by familiar witnesses, supported by circumstantial evidence, upheld conviction and sentence; appeal dismissed.
* Criminal law – Identification evidence – Reliability of ID where complainants were acquainted with accused, some illumination, clothing matched and items produced in court.
* Criminal law – Circumstantial evidence – Absence/disappearance of accused as corroborative of identification.
* Criminal procedure – Appeal – When an alibi and denial do not render conviction unsafe.
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21 October 1987 |
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21 October 1987 |
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Whether identification at night with poor lighting rendered the conviction unsafe.
* Criminal law – Identification evidence – visual identification at night – adequacy of lighting and risk of mistaken identity – conviction unsafe if identification unreliable.
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20 October 1987 |
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Conviction for robbery with violence quashed where theft unproven and identity of assailants was unsafe.
Criminal law – robbery with violence – failure to prove theft element – doubtful identification – unsafe voice and torch-based identification at night – doubts resolved in favour of accused.
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16 October 1987 |
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Appellate court restores Primary Court ruling: son lacked authority to pledge mother’s inherited land; respondent liable.
Land law – pledge of land – inheritance by widow – son’s authority to pledge property not his – evidence of respondent’s admission of payment – failure to call material witness – appellate court restores Primary Court decision.
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16 October 1987 |
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Review application dismissed as incompetent after decree execution and notice of appeal were already in place.
* Civil Procedure – Review under Part VIII Section 78(a) – review not competent where appeal has been preferred.
* Civil Procedure – Inherent powers Section 95 – court will not grant relief rendered moot by execution.
* Execution – satisfaction of decree prior to review application may render review overtaken by events.
* Grounds for review – alleged advocate negligence does not rescue an otherwise incompetent or moot application.
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14 October 1987 |
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7 October 1987 |
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Appeal allowed: conviction quashed due to witness contradictions and improper use of accused’s police statement.
Criminal law – theft by servant – sufficiency of evidence and standard of proof beyond reasonable doubt; contradictions in witness statements; inadmissible use of accused’s police statement as proof of ownership; appellate intervention where prosecution declines to support conviction.
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1 October 1987 |
| September 1987 |
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Appeal dismissed: convictions for burglary and theft upheld based on reliable identification and recovery of stolen property.
* Criminal law – Burglary and theft – Identification evidence – Witnesses who knew accused; mistaken identity not a real possibility.
* Criminal law – Stolen property – Identification by distinctive mark and prompt disposal by accused supporting link to burglary.
* Criminal law – Alibi – Prison records disproving alibi.
* Sentencing – Minimum statutory sentence upheld; concurrent sentences.
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9 September 1987 |
| August 1987 |
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Insufficient corroboration and missing exhibits meant extra-judicial statements could not sustain murder convictions; all accused acquitted.
* Criminal law – murder – requirement that prosecution prove guilt beyond reasonable doubt; benefit of doubt and acquittal where evidence inconclusive.
* Evidence – extra-judicial statements recorded before Justices of the Peace – admissibility, voluntariness, and need for independent corroboration where they implicate co-accused.
* Evidence – loss or premature disposal of exhibits and death of a material witness undermining corroboration of prosecution case.
* Procedure – assessment of torture/threat allegations against police and contemporaneous recording by magistrates.
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20 August 1987 |
| July 1987 |
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Identification evidence supported the theft conviction, but absence of proof of night‑time breaking defeated the burglary charge.
* Criminal law – Burglary (s.294(1)) – requirement of night‑time breaking – absence of proof defeats burglary conviction. * Criminal law – Identification and recovery of stolen property – pre‑search description and matching items can support theft conviction. * Evidence – credibility of complainant’s description and consistency with recovered items can justify conviction for stealing.
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30 July 1987 |
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Whether identification by prior acquaintance, voice and moonlight provided a safe basis for convicting the appellant of robbery with violence.
Criminal law — Robbery with violence — Identification evidence — Recognition by prior acquaintance, identification by voice and by moonlight — Effect of poor lighting and close quarters — Corroboration by recovery of weapon and circumstances of offender's absence from duty.
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28 July 1987 |
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Vacant possession granted where landlord legitimately needs premises for dispensary; ambiguous conditional wording in decree expunged.
Landlord and tenant — vacant possession — reasonable notice to quit — landlord’s need to use premises for own business (dispensary/pharmacy) — reasonableness of alternative accommodation — removal of conditional/dependent wording from decree.
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27 July 1987 |
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Whether conduct and acts of part performance created a binding dealership contract and justified specific performance.
Contract law – formation by conduct: firm offer by employer through confirmation and handing of standard form contract; acceptance by conduct and letter; part performance as basis for specific performance. Equitable remedies – specific performance ordered where damages inadequate and substantial part performance proved.
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25 July 1987 |
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Documentary irregularities defeated the appellant’s title; respondent may redeem the land by paying redemption money; appeal dismissed.
Land law – title by purchase – reliability of documentary evidence – erasures and substitutions may render a sale document inadmissible; possession and improvements may attract redemption compensation; redemption/right to re-acquire upheld where purchaser’s title unproven.
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21 July 1987 |
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Appeal against robbery conviction dismissed; identification upheld, alibi rejected, compensation reduced to Shs.600/=
* Criminal law – robbery with violence – identification evidence – immediate identification under electric lighting and prompt reporting – reliability of visual ID. * Criminal law – alibi – insufficiency to raise reasonable doubt. * Compensation – variation of quantum where trial court mis-assessed amount stolen. * Appeal – conviction and sentence affirmed save for reduction of compensation.
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10 July 1987 |
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A trespasser may not claim compensation or adverse possession where the owner protested and prosecuted; boundary mistakes rejected.
Land law – trespass – removal of survey beacons – deliberate removal defeats mistaken boundary defence; adverse possession/long possession – owner’s protests and criminal prosecutions defeat claim of acquiescence; unexhausted improvements – trespasser who persists after protest not entitled to compensation; appellate review – trial court's finding of title and nominal damages upheld.
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10 July 1987 |
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Convictions for trespass/malicious damage quashed where ownership of land was disputed and civil action is the proper remedy.
Criminal law – Trespass and malicious damage – Ownership dispute — Where ownership of land is contested, criminal proceedings for trespass are inappropriate; civil action is the proper remedy — Convictions and compensation orders quashed.
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10 July 1987 |
| June 1987 |
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Conviction quashed where evidence materially varied from charge particulars and the prosecution failed to prove the alleged theft.
Criminal law – Theft by public servant – Variance between particulars of charge and evidence – Prosecution bound by particulars absent amendment – Conviction unsafe where evidence does not prove charged particulars – Separate counts required where distinct allegations arise from inspection report.
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29 June 1987 |
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Conviction for forcible detainer quashed where title was disputed and defendant asserted a colour of right; matter for civil suit.
Criminal law – forcible detainer (s.86) – must prove possession without colour of right, likelihood of breach of the peace, and possession against person entitled to possession; contested title and asserted colour of right render matter civil, not criminal; conviction unsupported by evidence quashed.
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29 June 1987 |
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Whether the applicant could be appointed administrator and the effect of an alleged Primary Court‑witnessed will on respondents’ occupation of estate property.
Succession and estates – appointment of administrator – validity and evidential weight of an alleged written will witnessed in Primary Court – jurisdiction of Primary and District Courts to make possession and compensation orders affecting estate property.
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18 June 1987 |
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10 June 1987 |
| May 1987 |
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Appellate court allowed appeal and set aside revisional order where revisional court misdirected itself on sufficiency of theft evidence.
Criminal law – appeal from revisional order – revisional court substituting its view for trial court’s findings – sufficiency of evidence to prove theft beyond reasonable doubt – acquittal restored where defence explanation and owner’s testimony exonerate accused.
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28 May 1987 |
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25 May 1987 |
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Accused’s voluntary admissions and post-mortem corroboration sufficed to convict him of murder despite no direct eyewitness testimony.
* Criminal law – Murder – Reliance on extra-judicial and cautioned statements as primary evidence in absence of direct eyewitnesses – voluntariness and admissibility. * Evidence – Post-mortem report corroborating cause of death from cut/penetrating wounds. * Evidence – Omission to call an arresting non-eyewitness is not necessarily fatal to the prosecution. * Motive – Cattle rustling as explanatory circumstance supporting inference of joint intent.
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13 May 1987 |
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Conviction for theft by servant quashed where evidence showed another employee also had access and opportunity to cause the shortage.
* Criminal law – theft by servant – burden of proof – necessity to prove accused was sole person in charge of goods and exclusive opportunity to commit theft. * Evidence – stocktaking and accounting discrepancies – identification of person responsible; conflicts in handover evidence undermine prosecution case. * Sentencing/compensation – award must correspond to proven/pleaded particulars; compensation order inappropriate if conviction unsafe.
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9 May 1987 |
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6 May 1987 |
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A landlord must prove availability of reasonably equivalent alternative accommodation under section 19 before obtaining vacant possession.
* Rent Restriction Act s.19(1)(ii) – landlord seeking vacant possession must prove both personal need and availability of reasonably equivalent alternative accommodation; trial findings on tenancy status must be supported by evidence.
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5 May 1987 |
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Appeal allowed: occupier was a gratuitous occupant, not a tenant; purchaser entitled to vacant possession with costs.
Property — vacant possession — purchaser seeking possession after purchase — occupier’s status (tenant vs gratuitous occupant) — Rent Restriction Act: requirements for vacant possession and role of alternative accommodation.
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5 May 1987 |
| April 1987 |
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Circumstantial evidence established culpable killing but not malice aforethought, convicting the accused of manslaughter and sentencing seven years.
Criminal law – Circumstantial evidence – Inculpatory facts must be inconsistent with innocence; distinguishing murder (malice aforethought) from manslaughter; concealment of death and failure to report as indicia of guilt.
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30 April 1987 |
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28 April 1987 |
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15 April 1987 |
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A short, inadequate notice and eviction without court order amounted to trespass; damages awarded instead of reinstatement.
* Rent law – termination of tenancy – validity of letters from third parties as surrender of tenancy; * Tenancy – monthly tenancy requires a month's notice expiring with a month; * Rent Restriction Act s.19 – requirement for lawful eviction and court order; * Trespass – illegal eviction without court order; * Acceptance of rent – may not revoke notice where conduct shows landlord not serious; * Remedy – damages preferred to reinstatement where reinstatement would disturb innocent third parties.
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14 April 1987 |
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Whether fatal injuries inflicted by the accused amounted to murder or manslaughter given lack of proven intent to kill.
Criminal law — Homicide: distinction between murder and manslaughter; proof of intent (malice aforethought) versus evidence of causing fatal injuries; role of medical evidence and witness credibility in determining culpability.
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10 April 1987 |
| March 1987 |
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25 March 1987 |
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25 March 1987 |
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Breaking out of a primary court lock‑up is not an offence under s.296(2); escape from lawful custody conviction upheld.
Criminal law – Construction of s.296 Penal Code – ‘Breaking out of a building’ does not extend to primary court lock‑ups; Charge under s.296(2) bad where detention was in a lock‑up. Criminal law – Escaping from lawful custody (s.116) – lawful arrest and detention established; conviction upheld.
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23 March 1987 |
| February 1987 |
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Appeal dismissed: conviction for knowingly giving false information to police under s122(b) upheld, sentence affirmed.
* Criminal law – Offence of giving false information to a public officer (s122(b) Penal Code) – Elements: false statement, knowledge of falsity, and intention to induce police action. * Evidence – Credibility and sufficiency – Implausible explanations and absence of corroboration justify conviction for knowingly giving false information. * Appeal – Conviction and sentence upheld where prosecution proves deliberate falsehood beyond reasonable doubt.
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27 February 1987 |
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Appellate court allowed DPP appeal, found eyewitness identification credible, set aside acquittal and convicted respondents.
Criminal law – Identification evidence – reliability of eyewitness identification; failure to hold identification parade; admissibility and sufficiency of exhibits; effect of complainants' illiteracy on credibility; appellate interference with trial acquittal.
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27 February 1987 |