|
Citation
|
Judgment date
|
| December 1983 |
|
|
A compensation claim filed six years after the loss is time‑barred; Primary Court proceedings are declared null and appeal allowed.
Limitation of actions – Limitation Act 1971 (First Schedule item 1) – claim for compensation filed after six years held time‑barred; Primary Court proceedings entertaining a time‑barred claim declared nullity. Evidence – credibility of witnesses – age or illiteracy not decisive; courts may rely on Primary Court credibility findings where supported by record.
|
21 December 1983 |
|
An appellate court should not overturn a trial court’s credibility finding absent misapplication of legal principles; appeal allowed for the appellant.
* Civil procedure – Appellate review of factual findings – Appellate court should not overturn trial court credibility findings absent misapplication of legal principles. * Evidence – Credibility assessments – Trial court’s unanimous finding on witness credibility entitled to deference. * Pleadings vs testimony – Alleged minor inconsistencies do not automatically destroy credibility.
|
12 December 1983 |
|
The appellant's conviction for receiving a corrupt payment was upheld; appeal dismissed and three-year sentence affirmed.
* Criminal law – Corruption – Acceptance of corrupt payment – Demand for money to secure bail – Use of undercover operatives and marked notes to prove acceptance. * Evidence – credibility and consistency of witnesses – contradictions in accused's explanations (gift or bail) undermine defence. * Procedure – right to call defence witnesses; allegation of prosecutorial-magnetic conspiracy; transfer of matter not determinative of receipt. * Sentence – statutory minimum upheld, no enhancement.
|
12 December 1983 |
|
Court upheld conviction of a police officer for stealing public cash based on compelling circumstantial evidence.
Criminal law – Theft by person employed in public service – Circumstantial evidence – Possession and control of keys to exhibits – Standard of proof beyond reasonable doubt – Alternative suspects and inference of guilt.
|
12 December 1983 |
|
A refund claim for bride price is premature and inadmissible unless the marriage has first been dissolved by a court.
Customary/marriage law – Bride price refund – Claim requires prior dissolution of marriage by court; proceedings premature if instituted before divorce.
|
12 December 1983 |
|
Application for mandamus dismissed; Anti‑Corruption Squad’s seizure held within statutory investigatory powers.
* Anti‑Corruption Squad — statutory investigatory powers — Prevention of Corruption Act — members vested with police powers including entry, seizure and detention.
* Judicial review/mandamus — discretionary remedy — requires demonstration of a specific legal right and absence of adequate alternative remedies.
* Seizure of property and temporary detention — lawful if exercised pursuant to statutory investigatory powers and reasonable suspicion.
* Courts should not prematurely obstruct ongoing investigations by anti‑corruption officers.
|
5 December 1983 |
| November 1983 |
|
|
Appellant, a village agent, convicted of stealing entrusted funds; appellate court upheld conviction and three-year sentence.
* Criminal law – Stealing by agent – money entrusted to village officials for purchase of paddy – agent’s liability for misappropriation of entrusted funds.
* Evidence – credibility assessment – appellate court’s deference to trial magistrate’s findings where testimony is consistent and reasons given.
* Sentencing – appeal against sentence – three years not manifestly excessive where statutory maximum is ten years.
|
26 November 1983 |
|
Perjury conviction quashed for failure to prove knowingly false, material testimony beyond reasonable doubt.
* Criminal law – Perjury (s.102(1) Penal Code) – Elements: false testimony, knowledge, materiality – Contradiction with prior statements insufficient alone to prove perjury – Witness reliability, hearsay and bias require caution and corroboration.
|
26 November 1983 |
|
Conviction for robbery unsafe where trial court failed to assess adequacy of identification of recovered property.
* Criminal law – Robbery with violence – Identification of alleged stolen property – Complainant’s identification at police station insufficient without proper in‑court identification – Standard of proof: ownership must be proved beyond reasonable doubt, especially where accused claims ownership.
|
26 November 1983 |
|
Appeal dismissed — convictions for burglary, stealing and possession of stolen property upheld by recent possession and inadequate defence.
Criminal law — Burglary; Stealing; Possession of property reasonably suspected to be stolen — identification of stolen property; recent possession doctrine; credibility of accused’s explanation; sufficiency of evidence to uphold convictions.
|
26 November 1983 |
|
An appellate court cannot admit an out-of-time appeal on its own motion; an application to extend time is required.
Criminal procedure; appeals from Primary Court to District Court; statutory thirty-day appeal period (s.16(3), Cap. 537); requirement for application to extend time; appellate court erred in admitting appeal out of time on its own motion.
|
26 November 1983 |
|
Conviction for burglary and theft quashed where identification and circumstantial evidence failed to prove guilt beyond reasonable doubt.
Criminal law – Circumstantial evidence – Requirement for an irresistible inference of guilt; Identification of stolen property – necessity for marks or particular proof of ownership; Recent possession – application only where possession is sufficiently proved; Trial misdirection – acceptance of inadequate testimony and impermissible inferences.
|
26 November 1983 |
|
Mere knowledge of Government trophies does not establish constructive possession under the Wildlife Conservation Act.
Wildlife Conservation Act – unlawful possession of Government trophies – distinction between physical and constructive possession – s.70(2) presumption applies where trophy is in house or vehicle occupied/controlled by accused – mere knowledge insufficient – circumstantial evidence and speculation insufficient to prove guilt beyond reasonable doubt.
|
26 November 1983 |
|
Whether witness access plus circumstantial evidence can sustain conviction for theft despite imperfect identification.
Criminal law – housebreaking and stealing – identification of stolen property – reliability of witness identification based on access/use – circumstantial evidence and possession – credibility of documentary evidence (cash-sale receipt) – sentence and proof of value.
|
26 November 1983 |
|
Circumstantial evidence and recovered items with matching serial numbers established guilt; alibi rejected and appeal dismissed.
Criminal law – Burglary and theft – Circumstantial evidence – Sufficiency of circumstantial chain linking accused to disposal of stolen property – Recovery and identification of stolen items by serial/ledger numbers – Credibility of alibi.
|
6 November 1983 |
|
Circumstantial evidence and recent possession linked the appellant to stolen machinery; alibi rejected and conviction affirmed.
* Criminal law – circumstantial evidence – chain of circumstances must point irresistibly to accused's guilt – doctrine of recent possession applied.
* Criminal evidence – identification of property – recovered stolen machines identified by serial/marking numbers matching police records.
* Criminal procedure – alibi – inconsistent and uncorroborated alibi rightly rejected by court.
|
6 November 1983 |
| September 1983 |
|
|
Convictions for conspiracy and obtaining by false pretences upheld; statutory minimum sentences applied where government funds exceeded threshold.
Criminal law – conspiracy to defraud; fraudulent accounting; obtaining by false pretences – credibility of prosecution witness (Regional Engineer) – proof of no works done. Sentencing – application of Minimum Sentences Act where defrauded money belongs to Government (specified authority) and exceeds statutory threshold – statutory minimum sentence enforced.
|
2 September 1983 |
|
Conviction on an unequivocal guilty plea upheld, but a 12‑month sentence was reduced to immediate release as excessive.
Criminal law – plea of guilty – conviction on an unequivocal plea upheld; sentencing – excessive custodial sentence set aside and substituted with immediate release.
|
1 September 1983 |
|
Conviction on a guilty plea upheld, but a 12‑month sentence for low‑value uncustorned goods was quashed as excessive.
* Criminal law – possession of uncustorned/customs goods – guilty plea and effect on appeal – sentencing – manifestly excessive custodial sentence for low-value goods – sentence set aside and substituted for immediate release.
|
1 September 1983 |
|
Conviction for theft set aside and substituted with conversion under section 284; sentence reduced to six months and immediate release.
Criminal law – offence by public servant – unauthorised taking and use of employer's machinery – distinction between theft and conversion – appropriate charge under section 284 Penal Code; Sentence – appellate reduction where original term excessive.
|
1 September 1983 |
|
Conviction for soliciting a bribe quashed where sole complainant's inconsistent, uncorroborated evidence was unsafe.
Criminal law – Corrupt transaction/soliciting a bribe – Evidence and corroboration – Single complainant's testimony – Credibility and inconsistencies – Appellate intervention where conviction is unsafe.
|
1 September 1983 |
|
Conviction on guilty plea upheld; 12-month sentence reduced and set aside, appellant released immediately.
* Customs offence – possession of uncustomed goods – guilty plea upheld; * Sentence – 12 months excessive given few items and time served; * Remedy – sentence set aside and substituted to effect immediate release.
|
1 September 1983 |
| August 1983 |
|
|
Daylight identification by witnesses who knew the applicants upheld convictions for cattle theft.
* Criminal law – Cattle theft – Identification evidence – Visual identification in broad daylight by witnesses who knew the accused – Credibility and opportunity to observe – Appeal dismissed.
|
30 August 1983 |
|
Convictions for theft quashed where prosecution failed to disprove unrebutted explanations and failed to test key evidence.
* Criminal law – Theft by public servant – Burden of proof – Prosecution must disprove accused’s explanations beyond reasonable doubt. * Evidence – Trial court’s duty to test documentary evidence and call or invite key witnesses to rebut defence. * Payments as imprests or authorised loans – cannot be converted into theft charges without proof of misappropriation. * Unsafe conviction – convictions based on unrebutted explanations and untested evidence are liable to be quashed.
|
30 August 1983 |
|
Appellants' convictions for unlawful wounding affirmed due to credible daylight eyewitness evidence; appeal dismissed.
* Criminal law – Unlawful wounding – Sufficiency of evidence – Eyewitness identification in daylight supporting conviction.
* Criminal procedure – Appeal – Standard of review where trial court rejects an alibi or denial; appellate court will not interfere absent demonstrable error.
* Sentencing – Fines imposed affirmed where no misdirection shown.
|
30 August 1983 |
|
Lost evidence and refusal to hear a material defence witness rendered the conviction unsafe, so appeal was allowed and release ordered.
Criminal procedure – lost documentary exhibits – prejudice to accused’s defence; right to call material defence witnesses – magistrate’s refusal and fair trial; conviction quashed where trial irregularities render verdict unsafe.
|
30 August 1983 |
|
Appeal allowed where missing defence exhibit and refusal to call a defence witness prejudiced the appellant's fair trial, conviction quashed.
Criminal law – Theft by public servant – Procedural fairness – Loss of defence exhibit from court record – Refusal to permit defence witness – Prejudice to accused – Conviction quashed and sentence set aside.
|
30 August 1983 |
|
Auditor’s reliable account books traced a cash shortage to the appellant; failure to explain justified conviction for stealing by servant.
Criminal law – Stealing by servant – Evidence of auditor based on books under accused’s control – Shortfall traced to accused’s hands – Failure to explain funds supports presumption of theft.
|
30 August 1983 |
|
Conviction quashed where prosecution failed to prove dishonest intent by nurses who took drugs for safekeeping.
Criminal law – Stealing by public servant – Proof of dishonest intent (mens rea) – Presence in hotel not sufficient to infer intent to sell – Regulatory/disciplinary breaches distinct from criminal theft.
|
30 August 1983 |
|
Convictions quashed because a missing charge sheet and record inconsistencies prevented proper appellate review.
Criminal law — shopbreaking and stealing; Criminal procedure — incomplete record; missing charge sheet; procedural irregularity — appellate review impossible; Remedy — quashing proceedings and setting accused free.
|
29 August 1983 |
|
Magistrate lawfully dismissed charges for want of prosecution after prosecution failed to proceed; appeal dismissed.
Criminal procedure – adjournments – discretion of trial magistrate to allow or refuse adjournment – failure of prosecution to call witnesses may justify dismissal for want of prosecution – appellate interference only where discretion not judicially exercised.
|
29 August 1983 |
|
Conviction under Penal Code s.312 quashed where no evidence identified the written law making acquisition unlawful.
Criminal law – Alternative verdicts – conviction under s.312 Penal Code for 'unlawfully acquired' property requires identification of the specific written law and supporting evidence; Prevention of Corruption Act – conviction under alternative statutory offence without evidential basis is unsustainable; Forfeiture – cannot stand where underlying conviction is unsupported.
|
29 August 1983 |
|
Admission and owner identification of recovered records supported conviction for possession of stolen property; appeal dismissed.
Criminal law – theft/possession of stolen property; identification of property; weight of accused’s admissions; sufficiency of evidence to sustain conviction.
|
29 August 1983 |
|
Appellant’s challenge to convictions for burglary and theft on identification grounds fails; appellate court upholds magistrate’s credibility findings.
Criminal law – Burglary and theft – Identification of stolen property by owner’s identifying marks and witness evidence – Credibility findings of trial court – Appeal court’s reluctance to interfere absent compelling grounds.
|
29 August 1983 |
|
Conviction for unlawful importation upheld for failure to prove lawful importation, but excessive concurrent sentences set aside and discharged.
* Customs law – burden of proof (s.167 East Africa Customs Act) – accused must prove place of origin or payment of duties – production of receipts not in accused’s name may be insufficient.* Criminal procedure – defective particulars of charge – minor errors in citing sections/ subsections curable and not fatal to proceedings.* Sentence – appellate reduction where sentence excessive and substantial time already served.
|
29 August 1983 |
|
Evidence of the appellant found inside the house after a break‑in supported convictions for housebreaking and stealing; appeal dismissed.
* Criminal law – Housebreaking (s.294(1) Penal Code) and stealing (s.265 Penal Code) – evidence of presence inside locked bathroom after entry and missing property supports conviction. * Credibility – accused’s claim of invitation by complainant’s wife insufficient to raise reasonable doubt. * Sentencing – concurrent custodial sentences within lawful minima upheld.
|
29 August 1983 |
|
|
27 August 1983 |
|
Appellant's conviction for an uncharged sum was quashed because he lacked notice and no evidence supported that specific amount.
* Criminal law – stealing by servant – Conviction for sum not charged – Impermissible to convict on an amount not pleaded or supported by evidence. * Criminal procedure – right to know charge and opportunity to defend – conviction unsafe where accused had no opportunity to meet specific allegation. * Lesser/alternative offence – permissible only if lesser amount formed part of the charged offence and evidence supports it.
|
27 August 1983 |
|
A defendant is entitled to police statements for impeachment; reasonable apprehension of bias warrants transfer to another magistrate.
Evidence Act s.154; right to impeach witness by reference to police statements; duty to disclose police statements to opposing party; reasonable apprehension of bias; change/transfer of trial venue.
|
25 August 1983 |
|
|
25 August 1983 |
|
Passenger identification at night was sufficient; alibi rejected and convictions and sentences upheld.
* Criminal law – Road Traffic – Identification evidence at night – passenger who boarded vehicle after meeting driver at hotel, sat next to him, paid by vehicle light and noted registration, sufficient for positive ID.
* Criminal law – Alibi – burden to raise reasonable doubt; unsupported alibi properly rejected.
* Criminal procedure – variance in recording offence (careless vs dangerous driving) not fatal where evidence supports the more serious charge.
* Sentencing – convictions for causing serious bodily injury through dangerous driving upheld given injuries sustained.
|
25 August 1983 |
|
Appeal dismissed on convictions for forging payment vouchers and stealing; five-year sentence reduced to three years.
* Criminal law – Forgery and stealing by public officer – Payment vouchers – Credibility of signature comparison and witness testimony establishing forgery and theft.
* Evidence – Acceptance of prosecution witnesses over appellant’s claim of authorised conduct by seniors.
* Sentence – Appellate reduction where imposed term not justified by amount stolen or statutory thresholds.
|
25 August 1983 |
|
Public prosecutor’s unexplained non-appearance permits magistrate to dismiss charges under s.198; appeal against acquittal dismissed.
Criminal procedure – Section 198 (non-appearance of complainant) – Public prosecutor treated as complainant – Where prosecutor fails to attend hearing dates and accused appears, magistrate may dismiss charge and acquit – Appellate interference only where discretion misapplied.
|
23 August 1983 |
|
The applicant's robbery conviction was upheld due to recovery and identification of the stolen watch and a forged receipt.
Criminal law – Robbery with violence; identification and recovery of stolen property; credibility of witnesses; fabricated documentary evidence (false receipt); appellate review of trial magistrate's factual findings.
|
23 August 1983 |
|
A public servant who issued an LPO for timber not received into departmental custody was properly convicted and sentenced for stealing.
Criminal law – stealing by a public servant – issue of unauthorised LPO and non-delivery of goods – defence of acting on superior’s instructions – appellate review of conviction and sentence.
|
23 August 1983 |
|
Appeal dismissed: convictions for membership and assisting management of an unlawful society affirmed on evidence of preaching and possession of sect literature.
* Criminal law – Societies Ordinance – membership of unlawful society; * Evidence – possession of religious literature and preaching as probative of membership/assistance in management; * Right to silence – appellant's silence did not vitiate conviction where prosecution evidence was uncontradicted; * Sentencing – concurrent two-year terms affirmed.
|
22 August 1983 |
|
Driver who saw pedestrians in a village but failed to slow was convicted of causing death by dangerous driving.
* Road Traffic Act – causing death by dangerous driving – evidence of speed inferred from distances and vehicle movement on sketch plan – foreseeability of pedestrians in village – duty to reduce speed when passing populated areas.
|
22 August 1983 |
|
An appellate court will not displace a trial court’s credibility finding absent misdirection; insufficient proof of quantum justifies reducing damages.
Civil liability – crop damage by cattle – evidentiary requirement for corroboration; credibility findings of trial court – appellate review; proof of quantum – necessity to prove quantity, yield and commercial value.
|
20 August 1983 |
|
|
20 August 1983 |
|
Appellate court affirms lower courts that disputed land belongs to the respondent based on credible boundary evidence.
* Land law – ownership dispute – credibility of boundary evidence – weight given to witness who previously reconciled parties and fixed boundaries
* Civil appeals – appellate review of concurrent findings of fact and credibility – where lower courts’ assessments are unchallenged, they will be affirmed
* Relief – confirmation of lower court judgment and dismissal of appeal with costs
|
20 August 1983 |