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Citation
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Judgment date
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| December 1981 |
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Conviction for stealing by servant upheld where accounting records and managerial responsibility established despite documentary challenge.
Criminal law – Stealing by servant (Penal Code ss. 271, 265); Sufficiency of evidence – employer accounting records and managerial responsibility; Documentary evidence – challenge to correctness and probative value; Appeal – conviction and sentence upheld.
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30 December 1981 |
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Appeal dismissed: convictions for possession of suspected stolen property and corrupt transaction upheld on sufficient evidence.
Criminal law – possession of property suspected to be stolen (s312(1)(a) Penal Code); Prevention of Corruption Act (s3(2)) – corrupt transaction with an agent; search and seizure; credibility of witnesses; sufficiency of evidence on appeal.
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15 December 1981 |
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Convictions for forgery, uttering, obtaining by false pretences and bribery upheld; alibi and frame-up claims rejected.
Criminal law – Forgery and uttering – Use of forged identity document with appellant's photograph constitutes at least uttering; proof by possession and use. Criminal law – Obtaining by false pretences and corrupt transaction – Marked money and trap evidence sufficient. Defence – Alibi and allegation of political frame-up inadequate where documentary and witness evidence contradict alibi. Appeal – Appellate court will not disturb trial court factual findings supported by contemporaneous evidence.
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7 December 1981 |
| November 1981 |
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Possession of recently stolen property without a credible explanation supports burglary and stealing convictions; appeal dismissed.
Criminal law – Burglary and stealing – Recent possession of stolen property – Presumption against possessor absent satisfactory explanation – Right to call defence witnesses – Appellate review of sufficiency of evidence.
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30 November 1981 |
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Conviction for theft quashed where prosecution evidence was discrepant and failed to prove entrusted money was stolen.
Criminal law – Theft/stealing by servant – Sufficiency and credibility of evidence; family witnesses; discrepancies in prosecution case; conviction unsafe – appeal allowed; conviction quashed.
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30 November 1981 |
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Appellant’s meritless claim against uncle for preventing wife’s return dismissed; appeal dismissed with costs.
Family law – domestic dispute alleging third-party interference with marital relations; civil procedure – appeal on merits where primary memorandum lacks substance; proper defendant in disputes over a spouse's refusal to return to marital home.
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24 November 1981 |
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Bail denied for juvenile murder suspect; remand home detention ordered for the child's safety pending trial.
* Criminal procedure – Bail – Juvenile accused of murder – Whether bail should be granted to protect child’s safety.
* Child welfare – Detention in remand home – suitability and safeguards against influence of hardened delinquents.
* Direction to prosecution to expedite preliminary inquiry and allowance of parental visitation.
* Application transferred where lower court lacked jurisdiction to decide bail for serious offence.
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18 November 1981 |
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Applicant granted leave to appeal out of time under section 314(b) after court found the affidavit reasons meritorious and unopposed.
Criminal procedure – leave to appeal out of time – requirements for extension of time – affidavit setting out meritorious reasons – effect of respondent’s non‑opposition – application of s.314(b) Criminal Procedure Code.
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18 November 1981 |
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Appeal dismissed: convictions for theft by servant upheld on documentary and witness evidence.
* Criminal law – Theft by servant – Proof required where employee signs waybill acknowledging receipt of goods but store records show shortages. * Evidence – Weight of documentary evidence (waybill) and corporate receiving procedure. * Evidence – Previous inconsistent statements: contradictions explained on cross-examination may not destroy witness credibility. * Evidence – Failure to call unidentified or unnamed witness does not automatically attract adverse inference. * Sentencing – Court will not interfere where sentence is within statutory framework and not excessive.
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13 November 1981 |
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Rebuttable presumption under s.125(3) favours mother for custody of infants under seven; father failed to rebut; appeal allowed.
Family law – Custody of infants – Application of s.125(3) Law of Marriage Act 1971 – Rebuttable presumption favouring mother for infants under seven – Welfare of children – Maintenance order preserved.
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3 November 1981 |
| October 1981 |
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Accused’s genuine apprehension of magistrate bias justified transfer and de novo hearing to protect fair trial rights.
Magistrates' Courts — Transfer of trial — Apprehension of bias — Natural justice and rule against bias — Section 39(1)(a) Magistrates' Courts Act — Hearing de novo where fair trial jeopardised.
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27 October 1981 |
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Bail pending appeal is exceptional and was refused where the appeal did not show overwhelming prospects of success.
* Criminal procedure – Bail pending appeal – Application under section 321 Cr.P.C. – Bail an exceptional remedy requiring overwhelming prospects of success – Trial magistrate’s credibility findings and alleged discrepancies in prosecution evidence considered and held not to justify bail.
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24 October 1981 |
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Eyewitness identification in lit premises upheld; alibi rejected and appeal dismissed.
Criminal law – Robbery with violence – Identification evidence – Eyewitness recognition in lit premises and familiarity – Alibi defence – Credibility – Minimum statutory sentence.
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23 October 1981 |
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Appeal dismissed: identification and recovered stolen property sufficiently proved burglary and theft.
Criminal law – Burglary and theft – Sufficiency of evidence – Identification at scene – Recovery of stolen property – Effect of accused’s unsworn denial.
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22 October 1981 |
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Appeal dismissed: documentary and witness evidence of recurring shortages upheld convictions for stealing by servant.
Criminal law — Stealing by servant (ss. 271, 265 Penal Code) — Proof by documentary records and testimony of recurrent shortages — Entrustment, remittance chits and receipts — Sufficiency of evidence to sustain conviction.
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8 October 1981 |
| September 1981 |
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Application to set aside an ex parte appellate judgment dismissed where counsel had notice and failed to exercise reasonable diligence.
Civil procedure – setting aside ex parte appellate judgment – Order IX r.13 inapplicable to appellate judgments; Order XXXIX not directly applicable to appeals dismissed in appellant’s absence; availability of further appeal; duty of counsel to exercise reasonable diligence; proof of notice and failure to file counter-affidavit.
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25 September 1981 |
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A child born during a subsisting marriage is presumed legitimate and the husband is presumed father despite marital separation.
Family law – Presumption of legitimacy; marriage presumed to subsist until dissolved by court; separation by one spouse walking out does not dissolve marriage; child born during coverture presumed to be husband’s; access rights.
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25 September 1981 |
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High Court set aside dismissal for non-incorporation of amended plaint, restored suit, and directed it be heard on merits.
Civil procedure – Stay of execution – Order 39 Rule 5 Civil Procedure Code – normally to be applied to court which passed decree; Revisional jurisdiction – section 79 Civil Procedure Code – setting aside order dismissing suit for material irregularity where amended plaint had been filed but not reflected in record; Restoration of suit and hearing on merits.
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17 September 1981 |
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Appellate court upheld lower courts: respondent proved ownership of disputed developed land; appeal dismissed with costs.
Land law – ownership of developed land; evaluation of oral testimony and witness credibility; appellate review of concurrent findings of fact.
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17 September 1981 |
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Court upheld divorce where impotence, extramarital conception and lack of maintenance showed irreparable marital breakdown.
Family law – Divorce – Irreparable breakdown of marriage – Impotence, extramarital conception and failure to maintain – Primary Court factual findings upheld on appeal.
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17 September 1981 |
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A court cannot compel a spouse to cohabit; prolonged desertion may justify dissolution under Law of Marriage Act s.140.
Matrimonial law; Law of Marriage Act 1971 s.140; prohibition on compelling cohabitation; desertion; irretrievable/irreparable breakdown as ground for dissolution.
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17 September 1981 |
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A woman cohabiting two years has statutory rights to matrimonial assets; tribal custom cannot defeat the Marriage Act.
Family law – division of matrimonial assets; Law of Marriage Act No. 5 of 1971 (s.160) overrides tribal custom; entitlement of woman cohabiting two years or more to share jointly acquired assets; requirement for courts to state adequate reasons and valuation criteria in asset division.
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17 September 1981 |
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The appellant's denial failed; credible evidence of uprooted maize upheld the respondent's Shs.500 award.
Civil law – damage to crops – proof on balance of probabilities by oral evidence; appellate review of factual findings; Primary Court must assess evidence, not be distracted by parties' personal relationship; award of damages for crop destruction.
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16 September 1981 |
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The applicant's convictions for possession of suspected stolen property and corrupt transaction were upheld and sentences affirmed.
* Criminal law – Possession of suspected stolen property – s.312(1)(a) Penal Code – sufficiency of evidence to support conviction.
* Criminal law – Corrupt transaction with an agent – s.3(2)(a) Prevention of Corruption Act No.26 of 1971 – evidence of offering money to police.
* Sentencing – Minimum Sentences Act – application and appropriateness; concurrent sentences.
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9 September 1981 |
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Applicant failed to prove cruelty under section 107(1)(c); judicial separation and maintenance application dismissed with costs.
* Matrimonial law – Judicial separation – Requirement of cruelty under section 107(1)(c) of the Law of Marriage Act, 1971 – Need for evidence of mental or physical cruelty; * Ancillary relief – Maintenance contingent on grant of judicial separation; * Procedural – Repetitive or unsubstantiated litigation following prior unsuccessful divorce proceedings.
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8 September 1981 |
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8 September 1981 |
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The appellant failed to prove payment of bridewealth; appeal dismissed and refund of seized cattle ordered.
Civil procedure – appeal against factual findings; evidence – burden of proof in bridewealth disputes; requirement of witnesses to prove payment of cattle; restitution of wrongly seized property.
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3 September 1981 |
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Leave to appeal refused; second appeals are discretionary and maintenance-order quantum is reviewable by the trial court.
* Appellate jurisdiction – leave to appeal to Court of Appeal – discretion of judge and interest of justice.
* Second appeals – generally on point of law or mixed law and fact; statute does not expressly limit appeals to points of law.
* Maintenance orders – requirement to disclose factual basis for quantum; reviewability where record is silent.
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1 September 1981 |
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Applicant failed to prove adultery; reliance on hearsay was inadmissible and appeal was dismissed with costs.
* Civil evidence – adultery – burden of proof in claims for compensation for adultery – no direct evidence. * Evidence – hearsay inadmissible to establish adultery. * Admissions – spouse's admission admissible against herself but not against third parties (see MTJA v HLIMISI). * Appeal – appellate courts entitled to uphold lower courts where evidence is insufficient.
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1 September 1981 |
| August 1981 |
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Disputed land held to belong to respondent’s father; maternal uncle had no authority to divide it, appeal dismissed.
* Land law – ownership dispute over cultivated land (shamba) – determination of root of title; * Customary succession – whether property descended from respondent's father or from parties' mother; * Customary authority – validity of maternal uncle's division under Kiluguru customary law; * Appellate review – Primary Court and District Court conflicting findings; High Court affirms paternal ownership.
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21 August 1981 |
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Delay caused by counsel's neglect justified leave to appeal out of time; lower court erred in refusing leave.
Appeal out of time – delay caused by advocate's negligence – affidavit explaining delay – judicial discretion to grant extension – improper reliance on presumed res judicata; merits not determinative at leave stage.
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18 August 1981 |
Criminal Practice and Procedure-Failure of an appellate court to re-evaluate evidence and to consider material issues involved therein-Procedure to followed on appeal. |
11 August 1981 |
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Proceedings under the Rent Restriction Act must be commenced as civil suits under the Civil Procedure Code; affidavit-only injunctions are improper.
Rent Restriction Act s.11C(1) – commencement of claims as civil suits – Civil Procedure Code s.22 – requirement to present plaint – propriety of chamber summons and affidavit in landlord-tenant possession disputes – procedural fairness and ex parte injunctions.
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11 August 1981 |
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Appeal dismissed: primary court’s finding of irretrievable breakdown upheld on evidence of cruelty and second marriage.
Divorce — cruelty and second marriage — evidence of neighbours corroborating petitioner — finding of irretrievable breakdown upheld — appellate interference with primary court factual findings refused.
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1 August 1981 |
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Appellate court upholds Primary Court finding of irretrievable breakdown due to cruelty and second marriage, dismissing the appeal.
Family law – Divorce – Irretrievable breakdown of marriage – Cruelty and corroborative neighbour evidence – Effect of respondent marrying second wife and neglect on marriage dissolution.
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1 August 1981 |
| July 1981 |
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Second appeal dismissed; concurrent findings upheld that purchaser lawfully acquired disputed land from the deceased.
Land law – Ownership dispute – Evidence of sale by deceased to purchaser – Concurrent findings of lower courts on title upheld – Appeal dismissed.
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31 July 1981 |
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First defendant vicariously liable for employee's negligent tree-felling; court denied payment for reusable iron sheets but awarded proven transport, labour, furniture and rental losses.
Tort — Vicarious liability — Employer liable for employee's negligent act (cutting tree) causing property damage; Reparability — tenant departure and site inspection evidence relevant to whether damage was repairable; Quantum — refusal to award cost of materials retained/used elsewhere (prevents unjust enrichment); proven outlays (transport, labour, furniture) and loss of rent awardable.
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30 July 1981 |
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Appellate court upheld stealing convictions based on handwriting identifications and corroborating circumstantial evidence.
* Criminal law – Theft by agent – Sufficiency of proof where identification of signatures on payment vouchers is contested – Use of circumstantial evidence (unrecorded vouchers, unexplained shortages, admissions, and conduct) to infer appropriation. * Evidence – Document and signature identification by witnesses familiar with accused’s handwriting – appellate deference to trial court credibility findings.
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29 July 1981 |
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An appellate court must respect a Primary Court’s site inspection and unchallenged findings in land trespass disputes.
Civil procedure – appeal from Primary to District Court – requirement of petition and appellate procedure; Evidence – weight of Primary Court’s site inspection and assessors’ concurrent findings; Land law – boundary allocation, trespass and deference to uncontradicted allocation evidence.
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27 July 1981 |
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Appeal dismissed; evidence (including handwriting analysis) upheld convictions for theft, forgery and obtaining goods by false pretence.
* Criminal law – Stealing by public servants (ss.265, 270) – custody of local purchase order books and fraudulent appropriation; * Criminal law – Obtaining goods by false pretences (s.302) – supply pursuant to fraudulent LPOs; * Forgery (ss.333, 335, 337) – handwriting expert comparison evidence; * Joint participation – section 22 Penal Code – liability of co‑participants; * Sentencing – application of Minimum Sentences Act 1972.
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20 July 1981 |
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Applicants' appeal allowed: prosecution failed to prove unlawful assault beyond reasonable doubt; convictions quashed.
Criminal law – Assault causing actual bodily harm – Burden of proof – Whether prosecution proved unlawful assault beyond reasonable doubt – Conflicting accounts and plea of self-defence – Conviction quashed.
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20 July 1981 |
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Murder conviction upheld on credible eyewitness and corroborative admissions; minor sentencing phrasing error not fatal.
* Criminal law – Murder – Eyewitness identification and corroboration by post-offence admissions to third parties – Sufficiency of evidence for conviction. * Criminal procedure – Unsworn statement of accused – Rejection where inconsistent with credible prosecution evidence. * Sentencing – Requirement to pronounce sentence – omission of exact formulation not fatal where intent and mandatory sentence clearly communicated.
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20 July 1981 |
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Respondent proved unwritten entrustment of money on the balance of probabilities; appeal dismissed with costs.
Evidence — oral, unwritten entrustment of money — adequacy of proof on balance of probabilities; credibility findings and appellate interference with trial court's factual conclusions; burden of proof in civil claims where transaction unwritten.
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14 July 1981 |
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Appeal dismissed: tenant failed to prove payment, unstamped receipts inadmissible, vacant possession for 17 months' arrears upheld.
Landlord and tenant — non-payment of rent — burden of proof of payment to previous landlord; admissibility of affidavits where cross-examination required; unstamped receipts inadmissible under Stamp Duty Act s.46; reasonableness of order for vacant possession after prolonged arrears; procedural fairness in granting adjournments and closing defence.
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6 July 1981 |
| June 1981 |
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Applicant's claim for travel costs dismissed due to inconsistent testimony, lack of receipts, and no proof respondent made false complaints.
Civil appeal – claim for costs incurred attending police and conciliatory tribunal – credibility and burden of proof – inconsistent testimony, absence of receipts and corroborative witnesses – no evidence respondent made false complaints – appeal dismissed.
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30 June 1981 |
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High Court set aside divorce for lack of statutory grounds under section 107(3) of the Law of Marriage Act.
* Family law – dissolution of Muslim marriage – adequacy of evidence to establish grounds under section 107(3) Law of Marriage Act 1971. * Reconciliation certificate – effect of Board’s certificate of failure to reconcile. * Separation and desertion – mutual separation does not amount to desertion or irreparable breakdown.
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26 June 1981 |
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The applicant's failure to sign wage payment cards did not, by itself, prove non‑payment of wages.
Employment law – wage claims – evidentiary value of signed wage payment cards – absence of signature not conclusive proof of non-payment where surrounding evidence indicates receipt of payments.
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23 June 1981 |
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Appeal dismissed where appellant failed to show adequate excuse for non-appearance to set aside ex parte judgment.
Civil procedure – Ex parte judgment – Application to set aside – Requirement to show satisfactory explanation or excusable default for non-appearance – Credibility findings and notice of hearing.
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23 June 1981 |
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A company cannot own land before incorporation; a pre‑incorporation title is void and the injunction was lifted.
Land law – capacity to hold land – a company has no capacity to own land before incorporation; Certificate of Title issued to an unincorporated entity is void; Interim injunction discharged.
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18 June 1981 |
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Appellate court restored Primary Court land decision, prioritizing locus inspection and allocator's authority over minor date discrepancy.
Land dispute — allocation of land — weight of locus in quo inspection — credibility of allocator — materiality of minor date discrepancies — appellate review.
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11 June 1981 |