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Citation
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Judgment date
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| September 1988 |
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Land law - Disposal of land belonging to minors- Role of guardian. Civil Practice and Procedure - Res Judicata |
1 September 1988 |
| August 1988 |
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An award of damages cannot stand where the court finds reasonable cause and no malice and gives no supporting reasons.
Civil procedure – malicious prosecution – award of damages – whether an award can be sustained when the court finds reasonable cause and no malice; necessity for reasons to support compensation orders.
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30 August 1988 |
| June 1988 |
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Landlord not liable for tenant's property lost after police search; police cannot impose legal liability on a third party.
Civil liability – landlord's duty – whether landlord liable for tenant's goods lost after police search; Police instruction – whether it creates legal obligation on third party; Proper defendant where loss arises from police activity.
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28 June 1988 |
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28 June 1988 |
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Court upheld a valid later will leaving property to a mosque, rejecting forgery and restoring the trial judgment.
Wills – testamentary disposition – later written will supersedes earlier declaration if valid – authenticity and forgery allegations – inferences from content of will (non-self‑serving bequests) – possession and succession to a religious institution.
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28 June 1988 |
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Appellate court restored trial court's boundary finding, preferring the trial sketch and supporting witness evidence.
Land — boundary dispute; weight of trial court's site inspection and sketch plan; appellate deference to trial court findings; inadmissibility of conflicting appellate sketch lacking relevant features.
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28 June 1988 |
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Appellant failed to prove land improvements; appellate court upholds site-inspection findings and dismisses appeal with costs.
Land law – claim for compensation for alleged improvements – proof of cultivation and perennial crops – weight of oral evidence – court site inspection – appellate deference to trial court factual findings and credibility assessments.
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27 June 1988 |
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Clan land remains in the clan and cannot be inherited by a non-clan member absent proof of personal acquisition.
Property law — clan land — inheritance rights — whether non-clan member may inherit clan land — necessity of evidence of personal acquisition (e.g. para 28 GN.436/63).
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27 June 1988 |
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27 June 1988 |
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25 June 1988 |
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The respondent, as the surviving child, inherits the whole shamba; the applicant's will-based claim is rejected.
Inheritance law – customary law (GN-436/63) – where deceased left children the children inherit; surviving daughter entitled to father's shamba; purported will by deceased sibling cannot disinherit co-heir; distant relative has no priority.
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25 June 1988 |
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Appellate court restores primary court’s boundary judgment, holding site inspection, sketch plan and corroborated allocation evidence decisive.
Civil — Boundary dispute — weight of site inspection and sketch plan drawn at trial — admissibility and probative value of plan even if recorded with clerk’s assistance. Evidence — allocation of land by village head (mkungu) and corroboration — conflicting witness evidence and assessment of credibility. Appeals — limits on appellate interference with trial court’s factual findings where supported by evidence.
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25 June 1988 |
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An heir retains customary ownership despite guardianship; a guardian’s possession does not extinguish the heir’s right to sell.
Customary land tenure – hereditary succession – whether heirship was extinguished by lapse of possession or transfers under guardianship;* Guardianship of land – possession versus ownership – guardian’s possession does not extinguish beneficiary’s proprietary right;* Validity of sale – absence of physical possession by vendor does not necessarily invalidate a sale where hereditary title subsists.
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25 June 1988 |
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24 June 1988 |
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A Resident Magistrate's Court presided over by a District Magistrate is not duly constituted; proceedings quashed and retrial ordered.
Magistrates Courts Act s.6(1) — Constitution of Resident Magistrate's Court — A Resident Magistrate's Court must be presided over by a resident magistrate; a District Magistrate cannot validly preside — Proceedings and judgment of a court not duly constituted are nullities — Remedy: quash and retrial de novo.
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24 June 1988 |
Land Law - Inheritance - Land bought by wife - House built on it by wife - After death husband brothers ofthe deceased seeking to inherit the land - Whether proper. |
23 June 1988 |
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Appeal dismissed; concurrent findings that claimant is deceased's son upheld and appellants failed to rebut paternity evidence.
Inheritance and intestacy – entitlement to share of estate – paternity dispute – concurrent findings of fact by trial and district courts – appellate restraint where appellants fail to adduce evidence to rebut paternity finding.
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23 June 1988 |
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Leave to appeal out of time refused where purchaser bought land from a vendor judicially found not to own it; appeal dismissed with costs.
Civil procedure – leave to appeal out of time – applicant who purchased land from vendor found not to own property – vendor did not appeal – purchaser cannot rely on defective title to justify late appeal; remedy is personal claim against vendor.
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23 June 1988 |
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Whether the suit land belonged to the deceased or the appellant, decided by assessing credibility of the sale documents and witnesses.
Land law – ownership dispute over a shamba and house – proof of sale and genuineness of documents; evaluation of witness credibility and weight of evidence on appeal.
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23 June 1988 |
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Appellant failed to prove exclusive title or trespass; respondent's evidence of permission to occupy was preferred, appeal dismissed.
Land dispute – possession and title – single-witness evidence – credibility and weight – permission by third party to occupy land – failure to specify date of alleged trespass (limitation concern).
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21 June 1988 |
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An appellate court upheld findings that co-owners' fraudulent sale did not vest valid title in the purchaser.
Property law – sale of land by co-owners – alleged fraudulent sale by co-owners to third party – purchaser's title – appellate review of concurrent factual findings and credibility assessments.
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21 June 1988 |
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Appeal dismissed where appellant failed procedural compliance and gave an unsupported excuse for non-appearance, warranting dismissal with costs.
Civil procedure – setting aside ex parte judgment; failure to appear – requirement to provide credible evidence of reasonable cause; appeals – procedural compliance (memorandum must be accompanied by the order appealed against); abuse of process for unsupported excuses for non-appearance.
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20 June 1988 |
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A circulated letter accusing a clergyman of misconduct was defamatory; no qualified privilege; appeal dismissed.
Defamation — publication to third parties; imputations against a clergyman — defamatory per se; qualified privilege — burden to prove interest or duty to communicate absent; appellate review of damages — interference only if wrong principle or manifestly excessive.
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20 June 1988 |
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Appellate court upheld finding that the appellant encroached on the respondent’s shamba after site inspection and witness evidence.
Land law – boundary dispute – encroachment/trespass to shamba; evidentiary value of site inspection (view); credibility of oral ancestral-boundary testimony; appellate review of magistrate’s factual findings.
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18 June 1988 |
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Appeal dismissed where the claimant failed to prove land ownership or produce supporting witnesses; site inspection not substitute for evidence.
Land dispute – recovery of shamba – burden of proof on claimant to establish title or possession by admissible evidence. Evidence – failure to call witnesses – probative effect and consequences for claimant’s case. Evidence – court site inspection and informal interviews – limited evidentiary value and cannot replace formal evidence. Appellate review – whether District Court correctly set aside Primary Court judgment given evidential insufficiency.
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18 June 1988 |
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Inherited clan land cannot be validly bequeathed by will; appellant’s claim dismissed with costs.
Property law — Inherited/clan land — Whether land inherited from a paternal ancestor can be bequeathed by will; testamentary disposition of clan property invalid — Wills declared ineffective as to clan/inherited land — Estate to be administered as intestate.
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17 June 1988 |
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Whether the disputed shamba was held on kulindwa or as a Nyarubanja tenancy and effect of enfranchisement.
Land law — tenure: dispute whether land held on kulindwa (guardianship) or as Nyarubanja tenancy; effect of Nyarubanja enfranchisement converting tenants into absolute owners; evidential indicators of Nyarubanja tenure (e.g., reservation to reap coffee trees); succession/inheritance of enfranchised land.
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17 June 1988 |
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Appellant’s challenge to compensation for improvements on shamba dismissed; award upheld and costs awarded.
Land law – compensation for improvements to land – cultivator unseated before harvest entitled to compensation; appellate review – quantum not excessive.
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17 June 1988 |
Land Law - Return ofpurchase price - Difficulties in raising the money - Whethersufficient reasonforthe Trial Court to threaten toforeclose the right ofredemption.C Land Law - Appellate Jurisdiction - Whether judge can assume powers ofa District Magistrate - Judicature Ordinance |
17 June 1988 |
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Court dismissed appeal over disputed boundary land, upholding deferral pending official survey and referral to village authorities.
Land law – boundary dispute between adjacent villages – pending official survey – court defers ownership determination until survey confirms village boundaries; parties to pursue village-level resolution then judicial remedies if dissatisfied.
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16 June 1988 |
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Court restores trial court’s finding that appellant proved ownership/possession; District Court wrongly rejected site inspection evidence.
Property – possession and boundary dispute – site inspection and sketch plan – whether rain on inspection day invalidated observations. Appellate review – interference with trial court’s findings of fact and witness credibility. Evidence – weight of witness testimony (village chairman) and demarcation by elders in proving inheritance and possession.
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16 June 1988 |
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Appellant caught in adultery; failure to defend or cross‑examine justified adverse inference and dismissal of appeal with costs.
Civil torts – adultery – proof in flagrante delicto – failure to cross‑examine and to give defence – adverse inference – appellate reversal of trial court.
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16 June 1988 |
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Appeal dismissed as moot after clan resolved the customary land dispute by allocating the disputed shamba to the respondent.
Civil procedure — Mootness — Appeal rendered academic where customary authority (clan) convened and allocated disputed customary land; court may dismiss appeal when no live issue remains. Customary land disputes — effect of clan administration in resolving possession and ownership issues during appeal process.
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15 June 1988 |
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An appellant’s unproven assertion of ownership of land is insufficient to succeed; appeal dismissed with costs.
Land dispute — recovery of shamba — burden of proof — mere assertion of ownership insufficient — appellant adduced no evidence — concurrent findings of Primary and District Courts upheld.
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15 June 1988 |
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Applicant’s parental right enforced; caretaker unlawfully withheld children for ransom and must return them.
Family law – Custody – Parental right to custody of children placed temporarily with another – Temporary caretaker cannot lawfully withhold children or demand payment as condition for return. Civil procedure – Appeal – Appellate court may set aside unreasonable reversal by lower court and restore original order. Unlawful detention of children as ransom – remedy: return and costs.
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15 June 1988 |
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Appeal dismissed where appellant failed to prosecute application to set aside ex parte judgment and sought to delay execution.
Civil procedure – ex parte judgment – application to set aside – dismissal for non-prosecution on mention/hearing dates – duty to prosecute – abuse of process – costs.
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14 June 1988 |
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Repayment to redeem land restores absolute title to the repayer, permitting sale and rendering lower courts' nullification erroneous.
Property law – redemption of land – repayment of purchase price restores land to the repayer as absolute property – clan land and consent – sale validity where vendor redeemed from outsider – appellate review of trial and magistrate findings.
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14 June 1988 |
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The appellate court restored the trial court's credibility finding and the appellant's title to the shamba.
Land/land ownership – Disputed possession of shamba – Trial court as best judge of witness credibility – Site inspection and sketch plan – Appellate restraint in overturning factual findings.
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14 June 1988 |
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A village allocation cannot lawfully dispossess a prior lawful owner; allocations are valid only where land is ownerless.
Land allocation by village authorities – Limits of authority – Allocation valid only if land ownerless – Cannot dispossess prior lawful owner – Evidential burden to show land was ownerless.
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14 June 1988 |
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Appellant failed to prove sale or right to redeem land; appeal dismissed with costs.
Land law – redemption of land (shamba) – whether plaintiff proved sale or loss of title; evidence required to establish sale; locus standi where original owner is alive; possession by occupier: trespass or with consent; appellate review of conflicting trial findings.
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13 June 1988 |
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13 June 1988 |
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10 June 1988 |
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Appeal dismissed: no lawful marriage proved, so appellant cannot claim custody of the three children.
Family law – custody of children – proof of lawful marriage – customary or informal ceremonies insufficient to establish lawful marriage for parental custody claims.
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10 June 1988 |
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Appellant failed to prove a valid will or entitlement; respondent’s title by purchase and possession was upheld and appeal dismissed.
Property dispute — succession and testamentary formalities — validity of purported will — evidence of prior sale and possession — burden to prove entitlement on balance of probabilities.
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9 June 1988 |
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1 June 1988 |
| May 1988 |
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Clan sanction of a land sale precludes a daughter's redemption claim absent proof the land was clan property.
Redemption suit; sale of land by a family member; clan consent and validity of sale; burden of proof to show land is clan property; credibility of clan leader's testimony; dismissal with costs.
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31 May 1988 |
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31 May 1988 |
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A mother cannot validly bequeath clan ancestral land where customary law mandates patrilineal inheritance.
Inheritance law – customary patrilineal succession (G.43/63) – validity of testamentary disposition of clan ancestral land – whether a woman can bequeath clan land by will.
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30 May 1988 |