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Citation
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Judgment date
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| December 1991 |
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Sale of registered family house without letters of administration and without Commissioner of Lands’ consent is void; appeal dismissed.
* Land law – Sale of registered land by family members – validity where seller is not registered personal representative – requirement for letters of administration. * Land Registration Ordinance and Land Regulations 1940 – consent of Commissioner of Lands – effect of failure to obtain consent. * Equitable remedies – availability of specific performance where transaction void – purchaser’s remedy limited to refund and compensation. * Right of occupancy – disposability subject to statutory control.
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31 December 1991 |
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An appeal is incompetent and struck out if the memorandum lacks the mandatory copy of the decree.
* Civil procedure – Order 39 r.1(1) – mandatory requirement to attach copy of decree to memorandum of appeal – non‑compliance renders appeal incompetent.
* Appeal procedure – section 39(2) Security of Employment Act – compliance with procedural formalities essential for competency.
* Preliminary objection – mandatory procedural defects may be sustained despite absence of prior notice.
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31 December 1991 |
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Appeal held time-barred: limitation runs from date the appellant was notified, not from counsel's later receipt of documents.
Civil procedure — Appeal — Computation of limitation period — Period of appeal begins to run from date the decision is notified to the appellant personally, not from counsel’s receipt of certified copies; Order 39 (requirement to accompany memorandum with judgment/decree) — compliance required and assessed from filed documents.
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29 December 1991 |
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Court granted transfer of proceedings to another registry under Rule 7(4) after finding it fair and just.
Civil procedure – Transfer of proceedings – High Court Registries Rules 1984 (G.N. 23 of 1985) rule 7(4) – Supporting affidavit and absence of objection – Transfer ordered as fair and just.
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24 December 1991 |
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Appeal dismissing challenges to convictions for forgery, uttering and obtaining goods; sentences restructured to an effective 12-year term.
Criminal law – Forgery and uttering – printing and use of company documents in company’s name with intent to defraud – whether documents constituted forgery; Criminal law – Obtaining goods by false pretences – sufficiency of evidence; Counts and charging – single transaction supporting single counts; Sentencing – appropriateness, concurrent and consecutive terms, weight of accused’s silence.
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13 December 1991 |
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An appeal filed out of time without an extension is incompetent and will be dismissed; District Court acquittal upheld.
Criminal appeal — timeliness of appeal under section 25(1) Magistrates' Courts Act — requirement to file within 30 days or obtain extension — failure to apply for extension — court declines to extend time sua sponte; appellate procedure; acquittal on appeal upheld.
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12 December 1991 |
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Application to compel filing of grounds of appeal struck out as unnecessary and beyond this court's jurisdiction.
Civil procedure – Application to compel filing of grounds of appeal – Jurisdiction – Appeal originating in primary court – Competency and necessity of relief – Striking out unnecessary or incompetent applications.
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12 December 1991 |
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Acquittal where prosecution failed to prove magistrate solicited or received a Shs.22,000/= bribe beyond reasonable doubt.
Corruption — Alleged solicitation and receipt of bribe by a magistrate — Reliability and corroboration of trap operations — Conflicting witness testimony and contested forensic evidence (anthracene powder) — Failure to prove guilt beyond reasonable doubt.
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6 December 1991 |
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Appellate magistrate misdirected in overturning convictions and improperly castigating trial magistrate without hearing.
* Criminal law – malicious damage to property – sufficiency of charge sheet – particulars of value and crop; * Pleas of guilty – effect of unequivocal pleas and conviction on plea; * Appellate review – misdirection and overreach by appellate magistrate; * Administrative discipline – improper judicial condemnation and ordering of refunds without hearing; * Use of administrative titles in judicial proceedings.
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4 December 1991 |
| November 1991 |
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The District Court lacked jurisdiction over a summary dismissal labour dispute; proceedings were a nullity and set aside.
* Labour law – jurisdiction – exclusive jurisdiction of Industrial Relations Board/Industrial Court over dismissal disputes – proceedings in ordinary court a nullity when industrial forum has exclusive jurisdiction.
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29 November 1991 |
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Supplier entitled to unpaid price for delivered goods and interest accrues on overdue amounts even without express agreement.
* Sale of goods – recovery of unpaid purchase price – supplier entitled to recover outstanding price for goods delivered.
* Interest – interest on overdue payments – interest payable on unpaid sums even without express agreement.
* Defence of non-payment by third party (Ministry of Defence) – non-receipt of funds by defendant does not extinguish liability to pay supplier.
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25 November 1991 |
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Extension of time to file notice of appeal granted due to applicant’s illness and former counsel’s inaction.
Civil procedure — extension of time to file Notice of Appeal — delay due to illness and counsel’s inaction — inaction of counsel may amount to fundamental failure to prosecute — affirmation acceptable where oath refused for religious reasons.
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21 November 1991 |
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Appellant's claim of non-hearing was unfounded; lower courts' boundary findings were supported by evidence, appeal dismissed.
Civil procedure – appeal – allegation of non-hearing – record review showed grounds of appeal were read and appellant had nothing further to add; appeal dismissed. Land/boundary dispute – shamba boundaries and ownership of coconut trees – primary and district courts' findings supported by evidence.
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15 November 1991 |
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Failure to serve the s.97 statutory notice renders a suit incompetent as against an urban authority; the authority must be joined correctly.
* Local Government (Urban Authorities) Act, 1982 s.97 – mandatory one-month written notice before commencing suit against an urban authority.
* Civil procedure – when a suit is 'commenced against' an authority: pleading of joint and/or several liability establishes suit against the authority.
* Amendment – oral leave to amend to supply statutory notice refused; proper written application required.
* Preliminary objections – procedural competency and notice requirements can be raised and determined in absence of parties' clients.
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15 November 1991 |
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Court granted extension to file notice of appeal, ruling time runs from notification to the party or advocate.
* Civil procedure – extension of time – filing notice of appeal – whether time runs from delivery of ruling or from notification to party/advocate.
* Computation of statutory time limits – Law of Limitation Act – notice/knowledge as the starting point for limitation periods.
* Advocacy absence and non‑notification can constitute sufficient grounds to extend time for appeal.
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14 November 1991 |
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6 November 1991 |
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Whether introducing a person who then withdrew bank funds constitutes a prima facie case requiring defence.
* Criminal law – Prima facie case – sufficiency of evidence to require accused to make a defence – Bhatt test applied.
* Criminal procedure – Trial in absence – applicability and procedural requirements of section 226(4) of the Criminal Procedure Act; recording conviction where warrant for apprehension remains in force.
* Evidence – introduction of another person to bank official insufficient, without more, to prove participation in unauthorised withdrawals.
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6 November 1991 |
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Appeal dismissed: appellant was a licensee who obtained registration and compensation by false pretences; sentence confirmed.
Penal Code s.309 – obtaining registration by false pretences; ownership versus licence to occupy; credibility of witnesses; deference to trial court’s findings of fact; appellate review of sentence.
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6 November 1991 |
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Convictions for cattle theft upheld, but 15‑year sentences quashed as illegal and reduced to seven years.
Cattle theft – sufficiency of evidence (confession/admission and witness testimony) – conviction upheld; Sentence – illegal/excessive 15 years reduced and substituted with lawful 7 years on appeal.
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4 November 1991 |
| October 1991 |
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Primary Court may hear customary-law torts for crop destruction; trial court chooses applicable customary law and its damage assessment is not easily disturbed.
Customary law – tort of destruction of crops – Primary Court jurisdiction to award compensation – choice of applicable customary law where parties/occurrence span different communities – appellate restraint in interfering with trial court’s assessment of damages.
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30 October 1991 |
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Appellant failed to prove superior title or possession; appellate court's evaluation of evidence in respondent's favour was upheld.
Land dispute — title and possession — conflicting oral evidence on occupation dates — appellate assessment of credibility and weight of evidence — Primary Court reliance on unsubstantiated witness evidence — appeal dismissed for lack of grounds.
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29 October 1991 |
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Appeal against robbery conviction dismissed where reliable visual identification and corroborative evidence established guilt.
* Criminal law – robbery with violence – visual identification – ample opportunity to observe, daylight, proximity and corroborative evidence strengthen identification. * Evidence – section 43A Evidence Act – prior conviction used to discredit witness does not automatically prejudice accused. * Criminal liability – common intention unnecessary where evidence shows individual active participation and corroboration.
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28 October 1991 |
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25 October 1991 |
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Application for bail pending appeal dismissed: no overwhelming prospects of success, illness insufficient, and offence does not justify release.
* Criminal procedure – Bail pending appeal – Jurisdiction under Appellate Jurisdiction Act s.10(a) and Criminal Procedure Act – assessment of prospects of success on appeal.* Bail pending appeal – medical grounds – prison medical services and continuation of clinic care may negate necessity for release.* Bail pending appeal – nature of offence and lawful imprisonment not alone sufficient to justify release.
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21 October 1991 |
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Substitution of charge under s.234 CPA upheld; file returned for trial to continue and applicant given opportunity to elect and recall witnesses.
Criminal procedure – Substitution of charges under section 234 Criminal Procedure Act – validity and prejudice to accused; Recusal/transfer of trial under section 190 – requirements and timing of in‑court application; Right to recall witnesses and to elect on substituted charge; Review of magistrate’s procedural decisions.
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21 October 1991 |
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Whether electrocution was proved and whether failure to secure live wiring amounted to gross‑negligence manslaughter.
Criminal law – Manslaughter by negligence – Proof of electrocution by eyewitness and medical evidence; standard of gross negligence required for culpable homicide; liability of those who arrange insecure live wiring; acquittal where accused had no role in wiring.
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21 October 1991 |
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First appellant's six-year sentence reduced for youth and first-offender status; second appellant's conviction quashed for lack of corroborative evidence.
* Criminal law – theft – conviction based principally on co-accused statements – accused’s silence at close of prosecution – need for corroboration (Evidence Act s.33). * Sentencing – mitigation for youth and first offender – reduction of excessive term.
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18 October 1991 |
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Appellant's counsel applied to withdraw a criminal appeal; court allowed withdrawal where respondent raised no objection.
Criminal appeal — Withdrawal of appeal — Applicant represented by counsel — Court permits withdrawal where respondent raises no objection; appellant absent due to release.
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14 October 1991 |
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Second appeal dismissed: concurrent factual findings on heirship and probate upheld; no misdirection found.
Inheritance law – heirship and estate administration; probate determination – effect of Liwali Court probate; appeals – second appeal limited to questions of law or misdirection on facts; concurrent findings of fact – finality absent clear misdirection.
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10 October 1991 |
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Second appellate court refuses to disturb concurrent findings of heirship; appeal dismissed with costs.
Civil appeal — Succession and inheritance — Proof of heirship — Concurrent findings of fact by trial and first appellate courts — Second appellate court will not interfere unless first appellate misdirected itself on evidence; ex parte proceedings where respondent untraceable after service by publication.
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10 October 1991 |
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The accused acquitted where prosecution evidence was contradictory and insufficient under s.293 to require defence.
Criminal procedure — s.293 Criminal Procedure Act 1985 — sufficiency of prosecution evidence at close of case; contradictory witness testimony; insufficiency of suspicion/feud to require accused to enter defence; acquittal.
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10 October 1991 |
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Appellate court upheld conviction based on reliable identification and possession of stolen items despite procedural complaints.
Criminal law – Identification evidence – reliability and admissibility of eyewitness identification; Criminal law – Possession of recently stolen property as corroborative evidence; Criminal procedure – Alleged trial irregularities and fairness on appeal; Appeal – Scope of appellate review of credibility findings.
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9 October 1991 |
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Conviction based solely on uncorroborated visual identification was unsafe and therefore quashed.
Criminal law – visual identification evidence; reliability of eyewitness identification; Waziri Aman principle; conviction unsafe where sole identification is uncorroborated; quashing of conviction.
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9 October 1991 |
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Appeal allowed: circumstantial and identification evidence insufficient; burden of proof remained on prosecution, convictions quashed.
Criminal law – Theft – Circumstantial evidence must exclude reasonable alternative hypotheses – Burden of proof remains on prosecution; accused not obliged to explain possession in theft charge – Identification of alleged stolen property must be sufficiently particularised.
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8 October 1991 |
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Conviction for burglary and theft quashed where prosecution failed to prove breaking-in or that the property was stolen.
Criminal law — Burglary — proof of breaking and entering — possession of alleged stolen property — assessment of witness credibility — insufficiency of evidence — conviction quashed on appeal.
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7 October 1991 |
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Appeal dismissed where appellant led officers to weapons buried on his land, establishing unlawful possession.
Criminal law – unlawful possession of firearms and ammunition – credibility of prosecution witnesses – possession established where accused led officers to weapons buried on his land – burden to raise reasonable doubt.
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7 October 1991 |
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Conviction quashed where recovered bricks were not satisfactorily identified as the complainant's stolen property.
* Criminal law – Theft – Insufficient identification evidence – Recovered property must be satisfactorily identified as stolen goods to sustain conviction.
* Evidence – Conviction must be based on strength of prosecution case, not on weakness of accused’s defence.
* Criminal procedure – Circumstantial evidence and lack of distinctive marks insufficient to link recovered items to complainant’s property.
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2 October 1991 |
| September 1991 |
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Where the deceased professed Islam, estate distribution follows Islamic succession rules; children born out of wedlock do not inherit.
* Succession – applicability of Islamic law where deceased professed Islam – estate to be distributed under Islamic succession rules. * Inheritance – status of children born out of wedlock/concubines under Islamic law – such children are not heirs. * Civil procedure – appellate review – quashing of lower court judgment inconsistent with applicable religious law.
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27 September 1991 |
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Applicant's appeal dismissed; acquittal upheld where prosecution failed to prove theft beyond reasonable doubt.
Criminal law – theft of cattle – appeal against acquittal – burden of proof; credibility of prosecution witness (herdsboy); insufficiency of evidence to prove theft beyond reasonable doubt.
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27 September 1991 |
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An appellate court must not overturn trial credibility findings without a proper re‑analysis of the evidence; appeal allowed with costs.
Land/possession – ownership of trees planted on adjoining plots – evaluation of credibility and corroboration – appellate interference with trial findings – standard for disturbing concurrent findings of fact.
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27 September 1991 |
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A mechanical breakdown of counsel’s vehicle en route to court, unsupported by credible particulars, did not justify restoration; appeal dismissed with costs.
Civil procedure — restoration to roll / setting aside judgment in absence — adequacy and credibility of excuse for non-appearance — mechanical breakdown of counsel’s vehicle not per se sufficient; court requires particularised, credible affidavit evidence — appellate review of discretionary refusal to restore.
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27 September 1991 |
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Recognition evidence by a known complainant upheld, convictions and eight-year sentences for robbery confirmed.
Criminal law — Robbery — Identification evidence by a complainant who knew the accused — Sufficiency of opportunity and lighting for recognition — Appeal against conviction and sentence — Trial court's evaluation of evidence affirmed.
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25 September 1991 |
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Specific performance granted where seller waived repudiation by accepting late payments and damages were inadequate.
Civil procedure – admissions in pleadings – effect of procedural mislabelling; Contract – waiver by acceptance of late payments; Equitable relief – specific performance appropriate where damages are inadequate for sale of unique urban property; Contract completion under Contract Ordinance; Mortgage discharge and conveyance obligations of seller.
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24 September 1991 |
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Appeal allowed: conviction under s.363 quashed and sentence set aside, although the appellant had already served the term.
Criminal law – neglect to prevent commission (s.363 Penal Code) – appeal – conviction unsupported by prosecution – conviction quashed; sentence set aside though already served.
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20 September 1991 |
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Attempt to disarm police to escape amounted to resisting arrest, not attempted robbery; conviction substituted and sentence reduced.
Criminal law – attempted robbery – mens rea to steal – distinguishing resistance to arrest from intent to steal – assault with intent to resist lawful arrest (s.243(a)) – illegal/excessive sentence – substitution of conviction and sentence.
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19 September 1991 |
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Acquittal upheld where circumstantial evidence and hearsay were insufficient to prove theft beyond reasonable doubt.
Criminal law – Theft by servant – Circumstantial evidence – Conviction only where evidence excludes reasonable innocent hypothesis – Hearsay inadmissible where declarant not called – Insufficiency of isolated buyer testimony to sustain conviction.
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19 September 1991 |
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Ownership dispute over land does not justify uprooting another’s crops; civil remedies, not self-help, are required.
Criminal law – Malicious damage to property – Uprooting crops – Effect of civil dispute over land – Claim of right defence – Civil remedy (injunction) preferable to self-help.
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19 September 1991 |
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A forged internal utility receipt, shown to originate within the utility, defeated the prosecution’s prima facie theft case.
Criminal law – Stealing by public servant – Evidentiary sufficiency – Forged utility receipt issued from within utility undermines prosecution’s prima facie case – Appellate review of acquittal.
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18 September 1991 |
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Courts should impose imprisonment where statute prescribes it unless special circumstances justify a non-custodial sentence; appeal dismissed.
Criminal law – Sentencing – Where statute does not provide a fine as alternate to imprisonment, custodial sentence ordinarily required unless special circumstances justify otherwise – Factors to consider include nature and prevalence of offence, circumstances of commission, and offender’s antecedents – Appellate review of sentence for reasonableness.
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18 September 1991 |
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The applicant’s appeal is dismissed; conviction for receiving stolen property and the fine are upheld.
Criminal law – receiving stolen property – doctrine of recent possession; circumstantial inference where accused is a dealer in goods; appellate restraint on interfering with sentencing discretion; statutory sentencing options and appropriate sentencing principles.
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18 September 1991 |