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Citation
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Judgment date
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| December 1986 |
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Entry of a nolle prosequi by the prosecution results in discharge of the accused under section 91 of the Criminal Procedure Act.
* Criminal procedure – nolle prosequi – effect of prosecution discontinuance – discharge of accused under section 91 of the Criminal Procedure Act.
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18 December 1986 |
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Appellate court quashed criminal conviction for denial of defence witnesses; dismissed civil claim as time‑barred.
Criminal law – right to call defence witnesses – trial court’s duty to take steps to secure attendance (summons/arrest) – refusal to adjourn and closing defence can amount to miscarriage of justice; Evidence – relative witness – interest and need for corroboration assessed on record; Civil procedure – limitation of actions – twelve‑year period under Limitation Act – time‑bar for recovery of property; Civil procedure – pleadings – requirement for written statement of defence (Order 8 Rule 1, Civil Procedure Code).
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11 December 1986 |
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Bail granted for alleged unlawful exportation with strict bond, travel‑document surrender, reporting and immovable‑property sureties.
* Criminal procedure – Bail – Application for bail in an economic offence (unlawful exportation) – Court may impose stringent conditions where offence is serious and there is real risk of non‑appearance; surrender of travel documents, monetary bond and sureties with immovable property ordered. * Temporary suspension of reporting condition while accused is hospitalized. * Examination and approval of sureties by the court.
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10 December 1986 |
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Accused's self‑defence ended once the deceased fled; subsequent brick‑throwing was unlawful, leading to conviction and seven‑year sentence.
Criminal law – Manslaughter; eyewitness credibility; self‑defence — right ceases when threat has ended; subsequent acts may become unlawful aggression; sentencing — mitigation and remand custody.
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5 December 1986 |
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4 December 1986 |
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Applicant's robbery conviction and seven-year sentence upheld; caught red-handed and eyewitnesses held credible.
Criminal law – robbery with violence – identification and possession of stolen property – caught red-handed – evaluation of credibility by trial court – appellate restraint on challenging findings of fact – mandatory sentencing for robbery with violence.
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1 December 1986 |
| November 1986 |
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Conviction based on uncorroborated accomplice evidence and ignored alibi was unsafe; the appeal is allowed.
Criminal law – Burglary and theft – Accomplice evidence – need for caution and corroboration – Alibi – duty of trial court to consider and make findings on alibi – Appellate intervention where conviction unsafe.
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24 November 1986 |
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Ammunition is an explosive for purposes of bail prohibition under section 148(5)(a) of the Criminal Procedure Act.
Criminal procedure — Bail — Section 148(5)(a) Criminal Procedure Act — Possession of explosives — Whether ammunition qualifies as "explosives" — Statutory definitions in Arms and Ammunition Ordinance prevail where charge laid under that Ordinance.
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21 November 1986 |
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Conviction for abusive language quashed where prosecution failed to prove words, voice identification, or likelihood of breach.
Criminal law – s.89(1)(a) Penal Code – abusive language – requirement to prove words and likelihood of breach of the peace – voice identification of recordings – insufficiency of evidence; conviction quashed.
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19 November 1986 |
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Conviction quashed where plea was not properly recorded and facts were not read to or proved against the accused.
* Criminal procedure – Plea of guilty – requirement to record accused's admission in his own words (s.228 Criminal Procedure Act 1985).
* Procedure – Court must record plea before calling prosecution to adduce facts; failure to do so vitiates proceedings.
* Substantive proof – Rogue and vagabond charge requires circumstances showing illegal/disorderly purpose and inability to account for self; mere reference to charge sheet insufficient.
* Failure to read facts to accused and defective plea-taking renders conviction unsafe.
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17 November 1986 |
Banking - Banker-customer relationship - Plaintiff’s employee sent to deposit cash - Employee returns with afake pay-in-slip - Bank F denied having received the money - Whether a fake pay-in-slip evidences a deposit with the bank - Whether bank is duty-bound to warn customers offake stamps. |
13 November 1986 |
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An appeal to the High Court from a Regional Housing Tribunal was misconceived; the statutory route to the Housing Appeals Tribunal must be followed.
* Administrative law – statutory appeals – Rent Restriction Act – appeals from Regional Housing Tribunal must be lodged with the Housing Appeals Tribunal; direct appeal to High Court misconceived except on points of law or mixed law and fact.
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11 November 1986 |
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The appellant's repeated non-payment of rent justified the respondent's possession order despite disputed payment records.
* Tenancy — rent payment as essential term — repeated defaults amounting to continuous breach justifying possession.
* Evidence — treatment of payment records (Exhibit D2) and bank payment slips — admissibility and weight.
* Tender of rent — refusal by landlord where persistent default exists does not preclude possession order.
* Computation of arrears — reconciliation of recorded payments and allowable repair deductions.
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11 November 1986 |
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Appeal against robbery conviction and statutory seven-year sentence dismissed; eyewitness corroboration and inconsistent defences decisive.
* Criminal law – Robbery – Conviction upheld where complainant’s account corroborated by two independent eyewitnesses; inconsistent defences failed to raise reasonable doubt. * Sentencing – Mandatory statutory minimum sentence properly imposed (seven years).
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1 November 1986 |
| October 1986 |
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Fine for permitting an unroadworthy vehicle upheld despite guilty plea and first-offender status.
* Road Traffic Act — permitting an unroadworthy vehicle on public roads — dangerous mechanical defects justify criminal sanction; sentence review. * Sentencing — weight of guilty plea and first-offender status versus public safety. * Mitigation — unavailability of spare parts not a valid excuse for using an unsafe vehicle.
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31 October 1986 |
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Conviction upheld where circumstantial evidence and appellant's flight proved theft despite missing stamp exhibits.
Criminal law – stealing by person in public service; circumstantial evidence and banking discrepancies; admissibility and weight of handwriting expert evidence; adverse inference from absconding; sentencing not excessive given amount stolen.
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29 October 1986 |
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The appellant failed to prove ownership; evidence showed the respondent bought and possessed the house; appeal dismissed.
Property — Sale and proof of ownership — Credibility of witnesses to payment for property; Long possession and acquiescence as evidence of title; Appellate review of lower courts’ factual findings.
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28 October 1986 |
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Ownership dispute over land cannot sustain criminal trespass conviction absent unlawful entry and requisite intent.
Criminal law – Trespass (s.299(a) Penal Code) – Elements of unlawful entry and intent – Dispute over land ownership requires civil action – Conviction quashed – Sentence exceeding statutory maximum illegal.
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17 October 1986 |
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Appellate court affirmed respondent’s title; appellant’s purchase claim unproved; compensation awarded for planted trees.
Land dispute – proof of ownership by inheritance and long possession – unproven purchase claim where alleged seller not called – cultivation alone insufficient to prove title – appellate court will not disturb sound credibility findings – compensation for improvements (trees) on respondent’s land.
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17 October 1986 |
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Appellant’s cousin relationship, though inferior, sufficed for recognition as an heir and joint administrator; Primary Court decision restored.
Probate and administration — determination of heirs — familial relationship among cousins — appellate review of Primary Court appointment of administrators; District Court's removal of an heir and sole appointment quashed.
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16 October 1986 |
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Accused acquitted of murder where evidence showed an attempted theft, no proof he inflicted fatal blows or acted with the mob.
* Criminal law – murder – whether prosecution proved guilt beyond reasonable doubt; credibility of eyewitnesses.
* Criminal law – common intention – requirement of evidence to link accused with mob’s fatal assault.
* Defence of property/arrest – lawful apprehension of suspected thief may negate criminal liability for subsequent mob violence.
* Evidence – assessment of demeanour and corroboration; absence of proof of weapon or blows.
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14 October 1986 |
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Primary Court lacked subject‑matter and pecuniary jurisdiction over the title suit; the appeal is dismissed.
* Civil procedure – jurisdiction of Primary Courts – local/geographical jurisdiction; pecuniary and subject‑matter limits under section 14 and First Schedule. * Irregular assumption of jurisdiction v. inherent want of jurisdiction – effect on proceedings; section 32(1) (failure of justice). * Interpretation of section 57(1) proviso as procedural, not overriding substantive jurisdictional limits.
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9 October 1986 |
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Application to set aside an ex‑parte decree brought after six weeks is time‑barred; purchaser held bona fide but conveyance unapproved.
* Civil Procedure – Ex‑parte decree – Application to set aside – Time‑barred if made after six weeks (rule 13(2), Order 9 CPC).
* Civil Procedure – Dismissal for non‑appearance – Rule 8, Order 9 CPC – hearing fixed and no good cause shown.
* Property law – Bona fide purchaser for value without notice – possession, payment and improvements as indicia of good faith.
* Conveyancing – Requirement of Land Office approval for legal operation of a conveyance; delay in approval not conclusive proof of notice of litigation.
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4 October 1986 |
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Spouse’s labour and material contributions can establish joint matrimonial property; appellate court quashed district court’s adoption of prior award.
Family law – division of matrimonial property – section 114 Law of Marriage Act No.5 of 1971 – contribution in money, materials and labour – weight of non‑monetary contributions – appellate review where lower court adopts external award and fails to consider statutory factors.
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2 October 1986 |
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An order for trial de novo bars reliance on lost prior-trial evidence, but conduct and payments can establish equitable ownership.
Civil procedure – lost primary court file – order for trial de novo – inadmissibility of earlier trial evidence not before the court; Property/contract – equitable interest and ownership inferred from payment, contribution to construction and parties’ conduct; Appeal – appellate review of factual findings where conduct and relationship relevant.
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2 October 1986 |
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Offence of possessing forged passports requires mens rea; appellants failed to rebut presumption of knowledge, appeal dismissed.
* Immigration law – possession of forged passports – mens rea required unless statute clearly displaces it; presumption of knowledge arises where forgery and possession proven – accused must rebut on balance of probabilities. * Statutory interpretation – presumption in favour of mens rea; strict liability not inferred without clear indication. * Evidence – inconsistencies in accused’s statements and records pointing to forged documents support conviction.
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1 October 1986 |
| September 1986 |
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Application to set aside ex parte order denied for failure to show good cause; costs and ex parte judgment awarded to respondent.
Civil procedure – Order IX r.7 and s.95 CPC – Application to set aside ex parte proceedings – Requirement to show good cause – Credibility and sufficiency of affidavits – Court’s inherent discretion and costs.
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25 September 1986 |
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Welfare of the child governs custody of a child born of a void marriage; appeals cannot be improperly struck out.
Family law — Custody of children born of void marriage — Welfare of the child paramount — Section 128 Law of Marriage Act not giving absolute maternal entitlement — Child's wishes at age nine not decisive — Maintenance awards to reflect current means and living standards — District Court lacked power to strike out competent appeal.
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23 September 1986 |
Family Law - Custody of children - Child born out of a void marriage - Whether the mother of the child has an absolute right to custody. Family Law - Custody of children - Child expresses wishes with whom she wants to live - Whether such wishes to be given weight. Family Law - Maintenance - Assessment of - Factors to be taken into consideration. Family Law - Custody of Children - Factors to be taken into account before giving custody of a child to a party. |
23 September 1986 |
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An investigatory committee’s failure to afford procedural fairness in an academic inquiry vitiated the Institute’s punitive decision.
Administrative law – academic investigations – natural justice – investigatory committee obliged to inform interviewee of specific adverse allegations and allow fair opportunity to answer; statutory delegation – Council may create Executive Committee to act between meetings; disciplinary jurisdiction – Students’ Disciplinary Committee does not cover academic examination integrity; remedy – quashing of decision and mandamus to award certificate.
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12 September 1986 |
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Reported
Administrative Law - Natural Justice - Disciplinary Proceedings in higher educational institution - Failure to sufficiently appraise a student of the particulars of the prejudicial allegations made against him - Rule of natural justice not complied with. |
12 September 1986 |
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A labour tribunal lacked jurisdiction to determine an individual employer–employee termination dispute; its award was quashed.
Labour law – jurisdiction of Permanent Labour Tribunal – scope of "trade dispute" – dispute between employer and a single employee not a trade dispute absent union or collective representation – Security of Employment Act governs individual termination – certiorari to quash void award.
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10 September 1986 |
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Disciplinary committee acted fairly under rules of natural justice; club failed to verify player registration; certiorari dismissed.
Football disciplinary procedure – player registration and transfer rules – duty of club officials to verify player identity – natural justice and opportunity to be heard (written submissions) – certiorari remedy.
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5 September 1986 |
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Appeal against conviction and penalties for causing death by dangerous driving dismissed; eyewitness evidence upheld.
Road Traffic Act — dangerous driving causing death; credibility of eyewitnesses; appellate review of magistrate’s findings; adequacy of charge; sentencing and licence cancellation.
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5 September 1986 |
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Non‑framing of issues and omission to consider a letter did not vitiate trial; credible evidence established entrusted funds and appeal dismissed.
* Civil procedure – discretion to frame issues – failure to frame issues not necessarily fatal. * Evidence – assessment of credibility – trial court’s determinations entitled to deference on appeal. * Documentary evidence – omission to consider annexed document not material where no miscarriage of justice shown. * Contract/receipt dispute – entrustment of money and balance proved on balance of probabilities.
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1 September 1986 |
| August 1986 |
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Long uninterrupted possession of land supports ownership of the land and its perennial crops; appeal dismissed and costs awarded.
Land law – long possession and adverse occupation – ownership of land and perennial crops (coconut, mango) – credibility of witnesses – appellate review of primary court findings; costs awarded.
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26 August 1986 |
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Reported
Labour Law - Summary dismissal- Minister orders reinstatement of dismissed employee - Whether employer may terminate services and pay statutory compensation instead - Security of Employment Act, Cap 574. |
21 August 1986 |
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Appellate court restored trial finding that purchaser’s receipt and long possession established ownership; payment was compensation, not conveyance.
Land law – ownership disputes – assessment of evidence on appeal – appellate court must consider trial evidence; written receipt and long, uncontested possession support title; payment described as compensation does not transfer ownership.
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12 August 1986 |
| July 1986 |
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A dismissal for want of prosecution was set aside where prosecution had actively sought to resume trial with the original magistrate.
Criminal procedure — dismissal for want of prosecution — revisional powers to set aside dismissal where prosecution seeks recall of original trial magistrate and substantial evidence already recorded; judicial economy and fairness in resuming trial.
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18 July 1986 |
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15 July 1986 |
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High Court holds dismissal unsupported where case was never fixed for hearing and no notice was given; orders immediate hearing.
Criminal procedure — private prosecution — non-appearance on mention dates — applicability of section 198 (hearing vs. mention) — validity of dismissal absent notice — second dismissal meaningless — High Court sets aside unsupported dismissal and orders immediate hearing.
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10 July 1986 |
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Circumstantial evidence must exclude all reasonable hypotheses of innocence; mere possibility cannot support conviction.
Criminal law – circumstantial evidence – burden to exclude every reasonable hypothesis of innocence – mere possibility insufficient for conviction; access to main-office key not proof of theft from separate store.
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5 July 1986 |
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Long, continuous possession and cultivation since 1972 established ownership on balance of probabilities; appeal allowed.
Land law – possession as evidence of ownership – continuous, undisturbed possession and cultivation can give rise to ownership on balance of probabilities; weight of independent neighbour evidence; respondent’s failure to complain weakens trespass claim.
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3 July 1986 |
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Payment under section 40A(5) discharges employer’s liability, barring enforcement of the same relief against deposited funds.
Labour law – enforcement of conciliation/ministerial reinstatement orders; section 40A(5) Security of Employment Act – effect of employer’s payment on discharge of liability; sufficiency of proof for damages; res judicata and applicability where deposited funds’ entitlement is not previously determined.
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3 July 1986 |
| June 1986 |
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An appellate court should not overturn trial credibility findings in a land dispute absent substantial reason; costs remitted.
Appeal — deference to trial court on findings of fact and credibility where trial court and assessors heard witnesses; land dispute — competing title claims; witness contradictions as material to credibility; costs — remitted for reconsideration.
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30 June 1986 |
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Conviction for possession of bhang requires proof the substance is bhang; absence of such proof quashes conviction.
Criminal law – Possession of bhang – Necessity to prove identity of seized substance – Absence of expert or positive identification defeats prosecution’s case – Conviction quashed.
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27 June 1986 |
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Conviction for theft by agent quashed where discrepancies between charge sheet inventory and trial evidence raised reasonable doubt.
Criminal law – theft by agent – proof beyond reasonable doubt – reliance on inventory and identification of stolen parts – evidential discrepancies where charge sheet list does not match trial evidence – delay and custody of vehicle parts undermining prosecution case.
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22 June 1986 |
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Failure to inform accused of right to recall prosecution witnesses under section 196 caused miscarriage of justice and warranted retrial.
Criminal procedure – Section 196 CPC / s214 CPA – duty of succeeding magistrate to inform accused of right to recall prosecution witnesses; non-compliance may cause miscarriage of justice where substantial prosecution evidence (including witness demeanour) was recorded by predecessor.
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16 June 1986 |
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Applicant’s purported residence permit was forged; deportation order restored and judicially-ordered issuance of permit refused.
Immigration law – validity of residence permit – forged permit; judicial review – certiorari and mandamus – limits of relief; Ministerial power to deport where no valid documentation; remedy of compelled issuance of permit not available where document is forged.
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13 June 1986 |
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Only a person named by the mother may legitimize an illegitimate child and claim custody; appellant failed to establish paternity.
Customary law – illegitimate child – legitimization – under Customary Law (Declaration) Order, 1963 (para.182) only the person named by the mother may legitimize and claim custody – evidence of paternity and entitlement to custody.
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10 June 1986 |