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Citation
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Judgment date
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| May 1992 |
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Appellate court restores Primary Court’s boundary finding, declares appellant owner, and quashes District Court decision.
Land law – boundary dispute; appellate review of factual findings; weight of Primary Court site visit and assessor evidence; quashing of District Court decision; restoration of Primary Court boundary determination.
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14 May 1992 |
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An appellate court will not disturb a non-custodial sentence for a young first-time offender where mitigating factors justify a fine.
Criminal law – Sentencing – Adequacy of sentence – Appellate interference – First offender, youth and guilty plea as mitigating factors; non-custodial penalties may be deterrent.
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11 May 1992 |
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Appeals allowed: convictions for obstruction and for failing to give name/address quashed for lack of proof and statutory non‑compliance.
Criminal law – obstruction of police – whether refusal to hand over a register book amounted to willful obstruction in execution of police duties. Criminal procedure – s.46 Criminal Procedure Act – requirement that police inform person of reason for request for name and address; compliance mandatory for conviction. Convictions and custodial sentences quashed where statutory prerequisites not proved.
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11 May 1992 |
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Appellate court found procedural error in appointment of administrator and excluded family houses from the deceased’s estate in favour of the spouse.
Succession law – administration of estate – appointment of administrator without proper inquiry – propriety of including property in estate – surviving spouse's contribution and possession as basis for proprietary interest – exclusion of family houses from deceased's estate.
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5 May 1992 |
| April 1992 |
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Wrong-forum filing of an appeal does not mandate dismissal where no failure of justice occurred; papers to be returned for proper filing.
Appeal procedure – wrong forum – appeal filed in Court of Appeal registry instead of District Court registry – whether dismissal is mandatory – remedy of returning papers for proper filing; persuasive foreign authorities not binding.
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30 April 1992 |
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Court refused extension to appeal where the proposed appeal raised only factual credibility issues and no point of law.
Civil procedure – extension of time to appeal – second appeal decided on credibility and factual findings – no point of law for certification – court will not grant extensions where proposed appeal raises only factual issues.
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29 April 1992 |
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29 April 1992 |
| March 1992 |
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Payment of fees within time validates a land offer despite lack of immediate notification; claimant failed to prove payment or loss of materials.
Land law — allocation of residential plots — validity of competing offers — payment of prescribed fees within time constitutes acceptance even without immediate notification to Land Office. Evidentiary burden — proving payment and possession — documentary records and consistent testimony essential. Tort/fraud — allegation that occupier misappropriated building materials requires higher standard of proof.
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31 March 1992 |
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Court granted stay of execution pending applicant’s intended application to set aside an ex parte decree, despite limitation objections.
Civil procedure – stay of execution pending application to set aside ex parte decree – Order 21 rule 24 and section 95 CPC – limitation issues – when limitation runs for setting aside ex parte judgment – attachments and partial execution – discretion to prevent prejudice.
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27 March 1992 |
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Appeal: convictions quashed for two accused due to inadequate identification; conviction of first sustained by circumstantial and medical evidence.
Criminal law – identification evidence; circumstantial evidence and PF3/medical evidence as proof of identity; recent/innocent possession doctrine; adequacy of voice identification; appellate review of sufficiency of evidence.
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27 March 1992 |
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Appellate court set aside invalid administration orders over registered land; accused convicted of murder as self‑defence failed.
Civil procedure — Administration proceedings — Primary court jurisdiction — Registered land — Proviso to s.18(1) Magistrates' Courts Act — primary court lacked jurisdiction; district court order based on that decision invalid. Civil procedure — Revision/Execution — District court may not validate primary court decisions exceeding jurisdiction; parties may institute fresh proceedings. Criminal law — Murder — Evidence of multiple stab wounds and post‑mortem report — self‑defence not established; conviction and mandatory death sentence.
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25 March 1992 |
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Court taxed plaintiff’s bill of costs, moderating a large instruction fee to 350,000 and allowing a total of 351,422.75.
Costs — Taxation of bill of costs — Reasonableness of instruction fees — Court’s discretion to moderate claimed fees having regard to complexity, research undertaken and value in dispute.
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24 March 1992 |
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Taxation reduces excessive instruction fee, disallows unsupported receipts, and halves certain attendance claims, producing a reduced taxed bill.
Costs – Taxation of bill – Instruction fee – Excessive fee reduced from 60,000 to 25,000 and balance disallowed – Claims unsupported by receipts disallowed – Where attendance not disputed, half of claimed amounts allowed and half disallowed – Final taxation and net allowed amount.
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24 March 1992 |
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Order 23 Rule 1 CPC permits a plaintiff to proceed against any or all defendants; the defendant's objection was dismissed.
Civil procedure — Order 23 Rule 1 CPC — Plaintiff's right to proceed against one or more defendants — Defendant's objection lacking merit and dismissed.
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19 March 1992 |
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Application to set aside dismissal dismissed because supporting affidavit was improperly attested in breach of Cap.12 s.7.
Civil procedure – affidavits – improper attestation – section 7, Notaries Public and Commissioner for Oaths Act (Cap.12) – defectively attested affidavit renders supporting application unsustainable.
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17 March 1992 |
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Application for leave to appeal out of time dismissed due to inadequate explanation for delay and inconsistent prosecutorial statements.
Criminal procedure — application for leave to appeal out of time; requirement to give satisfactory explanation for delay — credibility of prosecutorial statements — inconsistency between DPP’s earlier written view of insufficient evidence and later submissions of strong prospects of success — affidavit credibility and dismissal of application.
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16 March 1992 |
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Court allowed late supplementary affidavit but ordered defendant to reimburse plaintiff’s travel, accommodation and hearing costs.
Civil procedure – chamber application for security and interlocutory relief; application for adjournment and leave to file supplementary affidavit; inordinate delay and failure to give timely notice; costs and indemnity for expenses caused by needless travel; timetable imposed and Registrar to assess amount.
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11 March 1992 |
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Plaintiff’s conduct extending the payment deadline precludes rescission; remedy limited to unpaid purchase price, not special damages.
Contract law – sale agreement – breach by non-payment – effect of plaintiff’s conduct in extending payment date – rescission precluded by modification by conduct – entitlement to general (consequential) damages but not to special damages where not proven – alleged improvements not established as set-off.
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6 March 1992 |
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Prolonged separation, adultery and cruelty established irretrievable breakdown of marriage; appeal dismissed with costs.
Family law – divorce – breakdown of marriage – prolonged separation, adultery and physical cruelty as grounds supporting dissolution – appellate review of lower courts' findings.
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5 March 1992 |
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Appellate court upheld conviction where multiple corroborative visual identifications and admissible JP statements made identification 'watertight'.
Criminal law – Visual identification evidence – Court must guard against mistaken identity but conviction may be safe where multiple independent identifications and corroborative evidence render identification 'watertight'. Evidence – Identification parade – Absence of parade supervision/register affects only corroborative weight, not necessarily admissibility. Evidence – Extrajudicial statements to Justice of the Peace – admissible and distinguishable from cautioned police statements. Criminal procedure – Change of magistrates – lawful if no material prejudice to accused.
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3 March 1992 |
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Court upheld robbery conviction, finding visual ID and co-accused extrajudicial statements sufficiently corroborative.
Criminal law – robbery with violence – visual identification – application of Waziri Amani cautionary rule; identification must be watertight.* Evidence – extrajudicial/confessional statements to Justice of the Peace – admissibility and corroborative value versus cautioned statements to police.* Evidence of identification parade – corroborative only; absence of parade formalities not fatal where independent identification exists.* Criminal procedure – change of magistrate – section 214 CPA – permitted absent demonstrable prejudice.* Evidence Act – section 33(2) – conviction not based solely on extrajudicial statements.
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3 March 1992 |
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Court can determine adequacy of a notice of appeal and must ensure procedural requirements before granting leave to appeal.
Civil procedure — Leave to appeal — Court must be satisfied procedural formalities complied with before granting leave; court competent to decide adequacy/competency of notice of appeal; Court of Appeal Rules require notice within 14 days; defects of form in notice of appeal not necessarily fatal where intention is clear and grounds are in the record.
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3 March 1992 |
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Court held a late, technically incompetent application for leave to defend time‑barred but granted three weeks to file a proper application or judgment will follow.
Civil procedure – default – late application for leave to defend – time‑barred and incompetent application – court discretion to permit out‑of‑time application – court directs three‑week period to file application or proceed to judgment; clerk to engage advocate for plaintiff.
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3 March 1992 |
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An appellate court will not admit fresh witnesses absent exceptional circumstances; trial findings of occupation-supported ownership upheld.
Land dispute – possession and cultivation as basis for title; appellate procedure – calling fresh witnesses at appeal; exceptional circumstances required to admit new evidence on appeal; evidence sufficiency on ownership claims.
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3 March 1992 |
| February 1992 |
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Long uninterrupted occupation with acquiescence can vest presumptive title; probate proceedings decades after death were improper, appeal dismissed.
Probate and administration – late application – where decades have passed since intestate's death, matter becomes dispute of ownership not succession. Customary land – long continuous occupation, development and acquiescence – presumption of title/adverse possession. Civil procedure – Primary Court order quashed; interested parties directed to institute ordinary suit to determine ownership. Magistrates' Courts Act – power to quash improper proceedings under section 22.
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27 February 1992 |
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Application to revive an appeal and certify a point of law dismissed for lack of merit; no costs ordered.
Civil procedure – application to revive/restore appeal – whether a certifiable point of law exists warranting referral to the Court of Appeal – application dismissed for lack of merit.
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25 February 1992 |
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Appellate court upholds respondent's possession evidence and dismisses appellant's challenges to witness-calling and credibility.
Civil appeal – land/possession dispute – assessment of witness credibility – trial visit to locus in quo – allegation of refusal to call witnesses – appellate review of factual findings.
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21 February 1992 |
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Reported
Contract - Contract of employment - Wrongful termination - Reinstatement ofemployee to previous position — Claim by employee for various allowances owing and incurred during the period of his suspension. |
20 February 1992 |
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Reinstatement revives employment rights so allowances accrue despite wrongful termination; medical claim failed for procedural noncompliance.
Employment law – wrongful termination – reinstatement – reinstatement revives contract and restores all contractual rights and entitlements, including allowances. Employment benefits – depreciation and tools allowances – recoverable where employee was wrongfully prevented from working and later reinstated. Procedural compliance – medical expense claims – employer's prescribed procedures and approved clinics must be followed and proved.
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20 February 1992 |
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A civil suit on ownership is res judicata where the same property was conclusively determined in prior probate proceedings.
Civil procedure – Res judicata – Property claimed in later civil suit was conclusively determined in earlier probate proceedings; later suit incompetent and liable to be quashed; parties should pursue remedies within probate, not by multiplicity of actions.
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18 February 1992 |
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Reported
Rent Restriction Act - Protected tenant — Protected tenant need not enter a new agreement with the landlord - Eviction must comply with provisions of the Rent Restriction Act, 1984, s 25(1 )(e)(i).
Landlord and Tenant - Protected tenant - Eviction - Need to comply with the provisions ofs 25(1 )(e) (i) bf the Rent Restriction Act, 1984. |
7 February 1992 |
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Whether permissive occupancy became a transfer of title, making the respondent the rightful owner of the house and plot.
Land and title – permissive occupancy versus transfer of ownership – whether demolition and erection of permanent house changes original intention and effects transfer of title; inheritance – inclusion of property in deceased’s estate; remedies – invalidity of Primary Court valuation/compensation order where ownership has passed.
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6 February 1992 |
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6 February 1992 |
| January 1992 |
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Appeal allowed: appellate court found respondents guilty of participating in theft/attempted theft at textile mill and convicted and sentenced them.
Criminal law – Theft/Attempted theft – Appeal against acquittal – Evidence of presence at scene, conduct of employees/guards and descent from roof – Conviction by substitution under section 301 of the Criminal Procedure Act.
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31 January 1992 |
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Appeal against acquittal allowed; respondents convicted of attempted theft for involvement in mill theft.
Criminal law – Theft and attempted theft – Appeal against acquittal – Evidence placing accused at scene and showing collusion – Substitute conviction under section 301 for attempt where theft not completed.
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31 January 1992 |
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Appellate court set aside eviction order, finding trial court's conclusions unsupported by the weight of evidence.
Land/property sale – purchase through advocate – dispute over balance payment and funds held by advocate. Contract/breach – whether non-payment justified eviction and setting aside transaction. Evidence – appellate review where trial court findings are against weight of evidence. Procedural – issue of Commissioner of Lands’ consent not argued and not decided.
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24 January 1992 |
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Appeal dismissed: court found respondent’s allocation and possession evidence credible; appellant’s grounds unsubstantiated.
Land dispute – allocation and possession – credibility assessment of witnesses – court site inspection – appellate review of primary court findings and sketch plan evidence.
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21 January 1992 |
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Whether the shooting was accidental or intentional — court found malice, convicted of murder and imposed the death sentence.
Criminal law – Murder – Distinguishing intentional killing from accidental discharge or self‑defence – Eyewitness evidence and post‑mortem corroboration – Malice aforethought and sentence.
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15 January 1992 |
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Application for leave to defend and stay for arbitration dismissed where non-payment, not contractual dispute, was established.
Civil procedure – application for leave to defend – requirement to disclose triable issues; Arbitration – scope of arbitration clause and section 6 Arbitration Ordinance – no stay where no bona fide dispute; Guarantees – guarantor not compelable to be joined or sued without governmental consent; Form of process – wrong form of summons does not create substantive dispute where failure to pay is admitted.
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12 January 1992 |
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A bona fide sale by a trustee did not excuse failure to account; repayment of proceeds with interest ordered.
Probate and administration; sale of estate asset by trustee; duty to account; breach of trust; restitution of sale proceeds with interest.
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9 January 1992 |
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Visual identification corroborated by independent testimony and admissible extrajudicial statements sustained robbery conviction; appeal dismissed.
Criminal law – robbery with violence – reliance on visual identification – requirement that identification be "watertight" before convicting. Evidence – extrajudicial statements to a Justice of the Peace admissible and corroborative where unchallenged. Identification parade – corroborative value where parade formalities not proved. Criminal procedure – change of magistrates permissible absent shown prejudice.
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1 January 1992 |
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Whether long village-authorised occupancy and development entitles an occupant to compensation when an heir later claims ownership.
Land law – village land allocation – long possession and development with village authority – entitlement to compensation on later assertion of hereditary ownership; certification of point of law for third appeal.
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1 January 1992 |
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Applicant injured at military premises; court found state negligent and liable, but quantum of damages was not finally recorded here.
Tort — negligence — occupier's duty of care to invitees; liability of State for acts of military personnel on government premises. Evidence — authenticity of extrajudicial statements; burden to prove handwriting/signature; contradictions between contemporaneous documents and later typed statements. Remedies — compensatory damages for personal injury; assessment principles for pain, suffering and loss of earnings; admission of liability by Attorney General's Chambers (exhibit P5).
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1 January 1992 |
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An occupier (state) held liable for injuries to the applicant; defendant failed to prove a contradicting statement.
Tort — negligence of state servants — occupier’s duty of care to invitees; evidence — authenticity of statements and burden of proof for signatures; admission of liability by Attorney General; assessment of general and future loss damages.
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1 January 1992 |
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A private litigant lacked standing to bring a representative suit on public funds without court leave or Attorney-General involvement.
Civil procedure – locus standi – representative suits – mandatory compliance with Order 1, rule 8 (leave and notice). Public rights – Attorney-General as guardian of public interest – private persons cannot generally sue to vindicate public wrongs. Relator actions – requirement of s.66/s.67 and Attorney-General’s consent. Justiciability – management of state funds and subventions generally non-justiciable, answerable to Parliament. Constitution/Judicature powers – do not displace mandatory procedural requirements for representative suits.
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1 January 1992 |
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Appeal allowed: sentence under later Act was illegal and replaced with a 15-year prison term.
Criminal law – robbery with violence – sentencing – illegality of applying amendments enacted after commission of offence; prohibition on retrospective increase of punishment. Criminal procedure – competence of appeal – notice of intention to appeal – benefit of doubt where record ambiguous. Appellate powers – s.366(3) Criminal Procedure Code – quashing and substituting sentence; power to impose substituted punishment on appeal.
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1 January 1992 |
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1 January 1992 |
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Divorce upheld despite trial court’s omission; pre‑marriage house and motor car not matrimonial assets and property orders quashed.
Family law – Divorce – requirement for court to find irreparable breakdown of marriage before granting decree; Matrimonial property – section 114 Law of Marriage Act 1971 – assets must be acquired during marriage to be divisible; pre‑marriage assets only included if substantially improved during marriage under s.114(3) – no improvement, no division; Failure to determine custody and maintenance – remit to Primary Court.
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1 January 1992 |
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Claim for conversion dismissed as time‑barred under the Limitation Act; plaintiff ordered to pay costs.
Limitation of actions – Section 3(1) Limitation Act 1971 – proceedings instituted after prescribed period to be dismissed regardless of defence. Limitation period – Item 24, Part I, First Schedule to Limitation Act (Act No.10/1971) – six years for actions in respect of conversion/wrongful detention. Dismissal – time-barred suits may be dismissed suo motu by the court.
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1 January 1992 |
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Court held Registrar’s procedural errors and some erroneous assessments on distinctiveness/confusion justified partial appellate relief, but counter‑statement defects failed.
Trade marks — opposition proceedings — timeliness and extension of time — Registrar entertained late oppositions so timeliness point lost practical effect; counter‑statements and statutory declarations — not so defective as to be struck off; distinctiveness and likelihood of confusion — correct legal approach required; section 35 — power to expunge deceptive/confusing registered marks.
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1 January 1992 |