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Citation
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Judgment date
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| December 1987 |
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Conviction for arson based on mere suspicious circumstances was insufficient; conviction quashed and sentence set aside.
Criminal law – arson – sufficiency of circumstantial evidence – identity of perpetrator – suspicion is insufficient for conviction; prosecution must prove guilt beyond reasonable doubt.
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31 December 1987 |
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Plea of guilty invalid where charges not properly explained to a hard-of-hearing accused and particulars were insufficient; convictions quashed.
* Criminal procedure – plea of guilty – duty of magistrate to ensure accused understands charges, especially if hard of hearing.
* Criminal pleading – sufficiency of particulars – facts at plea must disclose elements of housebreaking and stealing, not merely repeat charge sheet.
* Conviction on inadequate particulars and unclear plea – quashing of conviction and order for retrial.
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31 December 1987 |
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Conviction quashed where charge failed to allege section 25 detention and evidence did not show possession while on a journey.
Criminal law – charge must allege statutory basis for detention – section 25 Criminal Procedure Act – possession while conveying during a journey – distinction between seizures under a search warrant and powers under section 25 – defective indictment vitiates conviction.
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31 December 1987 |
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DPP’s s.148(4) certificate permits temporary custody but court must set a fixed period, after which accused are entitled to conditional bail.
* Criminal procedure — Bail pending trial — Allegations of interference with investigations and flight risk must be supported by evidence. * Criminal procedure — Effect of DPP’s certificate under s.148(4) Criminal Procedure Act — Court must fix a definite custody period after which accused should be released on bail. * Presumption of innocence — Bail should not be withheld maliciously or as punishment.
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31 December 1987 |
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Procedural irregularity in arraignment does not invalidate conviction where identification and other evidence overwhelmingly establish guilt.
* Criminal law – identification evidence – immediate recognition by a village watchman by moonlight and prior acquaintance – reliability of identification. * Criminal procedure – arraignment when a new magistrate or court takes over a trial – procedural irregularity does not vitiate conviction absent failure of justice (s.388 CPA). * Right to recall witnesses – allegation of denial must be assessed in context of overall sufficiency of evidence.
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22 December 1987 |
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Convictions for robbery upheld despite arraignment omission because identification and overall evidence excluded reasonable doubt.
* Criminal law – robbery with violence – identification evidence – familiarity, moonlight, immediate identification and arrest as corroborating factors.
* Criminal procedure – change of presiding magistrate – requirement to arraign accused and take plea when assuming trial jurisdiction.
* Statutory discretion under s.388 Criminal Procedure Act 1985 – procedural irregularity does not warrant quashing conviction unless it occasioned a failure of justice.
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22 December 1987 |
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Appeal dismissed: confession voluntary, identification reliable and pushing while snatching money satisfied force element for robbery.
* Criminal law – robbery with violence – element of force – pushing victim while snatching money suffices as use of force. * Criminal procedure – admissibility of extra-judicial statement/confession – voluntariness. * Evidence – identification in daylight and recovery of stolen property as supporting conviction. * Alibi – rejection where defence witness undermines alibi account.
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18 December 1987 |
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Concurrent credibility findings in a land dispute upheld; unsubstantiated bias claim fails and appeal dismissed with costs.
* Civil procedure – Appeal – Concurrent findings of fact and credibility – Appellate court will not disturb trial and first appellate courts’ credibility findings absent demonstrable error.
* Evidence – Land dispute – Importance of trial court site visit and survey markers; appellate site visit not required if trial record is clear.
* Allegation of bias – Must be raised and substantiated; mere similarity of surname is insufficient to impeach impartiality.
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15 December 1987 |
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Primary courts can award customary compensation to a father where a man impregnates his dependent daughter.
* Customary law – Declaration of Customary Law GN No. 279/1963 – Paragraphs 183 and 190 – parental right to compensation where dependent daughter is impregnated; burden of proof on alleged father. * Jurisdiction – Magistrates' Courts Act – Primary Court jurisdiction over civil proceedings governed by customary law. * Recovery of education expenses – no cause of action for parent to recover schooling costs lost due to pregnancy.
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15 December 1987 |
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A trial court may not award more than the claimed sum without formal amendment; award reduced to the claimed balance.
Civil appeal — Primary Court awarding a larger sum than claimed — unexplained alteration of plaint — requirement of formal amendment; Credibility of witnesses related to a party; Determination of unpaid balance on sale of chattel.
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15 December 1987 |
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A fresh suit challenging a 1979 attachment was held res judicata and time‑barred under the three‑year limitation.
* Civil procedure – res judicata – fresh suit on same subject matter after prior proceedings concerning attachment barred as res judicata.
* Limitation law – wrongful attachment is a tort with a three‑year limitation period under the Law of Limitation Act.
* Primary Courts procedure – objection to attachment under Rule 70 is the appropriate remedy for third‑party claims to attached property.
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15 December 1987 |
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Reported
Civil Practice and Procedure - Jurisdiction - Jurisdiction - Customary tort - Whether justiciable in Primary Courts - S.18(l)(i) of Magistrates Court Act, 1984 - Para 190, Part IV, First Schedule, Law of Persons, G.N. 279/1963.
Civil Practice and Procedure - Compensation - Whether expenses foreducating a daughter who is made pregnant are recoverable.
Evidence - Pregnancy - Burden of proof that daughter not made pregnant by the accused - Para 183 of Law ofPersons GN 279/ 1963. |
15 December 1987 |
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A Primary Court record lacking recorded assessors' opinions is not a judgment and appeals founded on it are nullified.
* Criminal/Civil procedure – Primary Courts – requirement to obtain and record assessors' opinions – effect of failing to record assessors' views on validity of judgment. * Appeal – appealability – an appeal cannot properly lie from a non-judgment. * Magistrates' Courts Act 1984 s.7(2) – assessors' role and magistrate's casting vote.
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12 December 1987 |
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Belief in witchcraft is not provocation; voluntary admissions plus corroboration led to manslaughter conviction, not murder.
* Criminal law – Homicide – Distinction between murder and manslaughter where fatal blow cannot be attributed to a particular participant. * Evidence – Admissibility of cautioned and extra‑judicial statements – voluntariness and corroboration. * Criminal law – Belief in witchcraft does not constitute legal provocation; self‑defence requires evidence of an attack. * Sentencing – First offender, lengthy remand, but need for deterrence in killings of alleged witches.
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1 December 1987 |
| November 1987 |
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Authorized seizure under wildlife law precludes theft conviction; uncorroborated accomplice evidence cannot sustain corruption convictions.
* Criminal law – Theft – Whether lawful seizure by authorised wildlife officers constitutes theft – Wildlife Conservation Act 1974 and forfeiture of seized items. * Evidence – Accomplice testimony – Need for independent corroboration of payments/demands implicating accused. * Criminal law – Assault causing actual bodily harm – sufficiency of medical report and witness evidence. * Criminal procedure – Revisional powers – setting aside convictions/sentences of non‑appealing co‑accused.
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30 November 1987 |
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Pre-plea witness statements are inadmissible; convictions require proof and statutory minimum sentences must be imposed.
Criminal procedure – inadmissibility of witness statements taken before accused pleads; Evidence – sufficiency to prove disturbance of a religious assembly (s.126 Penal Code); Sentencing – mandatory minimum sentences under Road/Traffic legislation and appellate substitution of illegal sentences; Plea of guilty – effect on conviction.
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18 November 1987 |
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Conviction based on recent possession unsustainable where a reasonable innocent explanation creates doubt.
Criminal law – recent possession; requirement to exclude reasonable innocent explanations before drawing adverse inference; burden of proof beyond reasonable doubt; benefit of doubt where explanation may reasonably be true; effect of failure to rebut defence account.
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14 November 1987 |
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Equivocal guilty pleas and inadequate factual particulars preclude convictions for dangerous driving; retrial ordered.
Criminal law — Dangerous driving — Conviction cannot rest solely on occurrence of an accident; prosecution must plead and prove specific negligent acts or omissions; equivocal pleas of guilty are unacceptable; retrial ordered.
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14 November 1987 |
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The appellant’s conviction was quashed because identification was unsafe without any contemporaneous description.
Identification evidence — Necessity of contemporaneous description; Identification parade evidence unreliable without prior recorded description; Conviction unsafe where investigative omissions undermine identity proof; Alibi and preservation of identification records.
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9 November 1987 |
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Appeals quashed two robbery convictions where alleged victims were not called; upheld other robbery convictions and quashed a shop-breaking conviction and sentence.
* Criminal law – robbery with violence – identification and credibility of witnesses – failure to call alleged victims named in charge sheet – effect on proof beyond reasonable doubt.
* Sentencing – Minimum Sentences Act 1972 – sentences within statutory ambit.
* Criminal procedure – shop-breaking – lawfulness of search/entry conducted in appellant’s absence and admissibility/weight of resulting evidence – effect on conviction and compensation order.
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9 November 1987 |
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Appellate court quashed shop‑breaking conviction and set aside sentence and compensation order following defects in trial proceedings.
Criminal law – shop breaking – sufficiency of evidence; search and seizure – forced entry and search in accused’s absence; proof and identification of stolen property; appellate review of conviction and sentence.
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9 November 1987 |
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Familiarity plus adequate lighting supported eyewitness identification; convictions, sentences and compensation orders were affirmed.
* Criminal law – Robbery with violence – Identification evidence – Familiarity of complainants with accused, adequate lighting and duration support reliable identification. * Credibility – Trial magistrate’s assessment of eyewitnesses afforded deference where no misdirection shown. * Sentence – Lengthy imprisonment, corporal punishment and compensation order held not excessive and confirmed.
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9 November 1987 |
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Conviction quashed where trial irregularly recorded plea and conviction; retrial refused due to appellant's time served.
Criminal procedure – guilty plea withdrawn/denied after narration of facts – improper conviction on plea – trial irregularity vitiating proceedings; retrial discretionary – consideration of time served and interests of justice; conviction quashed and sentence set aside.
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9 November 1987 |
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Appeal dismissed: procedural defects found but corroborative witness evidence upheld convictions and sentences.
* Criminal law – sexual offences – requirement to inform accused of right to call the examining doctor under s.240(3) Criminal Procedure Act – PF3 admissibility.
* Evidence – improper sequence of examination and re‑examination – contravention of s.147 Evidence Act but curable under s.388(1) Criminal Procedure Act.
* Criminal procedure – sufficiency of corroborative witness evidence in sexual offence and robbery cases.
* Sentencing – confirmation where sentence falls within Minimum Sentences Act 1972.
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9 November 1987 |
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Conviction in absence was misdirected on bail grounds but substituted to cheating; three‑year sentence confirmed and compensation ordered.
Criminal law — conviction in absentia — absence without leave — suspicion from jumping bail insufficient for conviction; evidence must support guilt. Distinction between obtaining goods by false pretences (s.302) and cheating (s.304) — fraudulent device (affixed notes) constituting cheating. Substitution of conviction under procedural statute and confirmation of sentence. Order for compensation for unrecovered property.
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4 November 1987 |
| October 1987 |
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Conviction for unaccounted public revenue upheld; compensation varied to shs.60,331/=.
Criminal law – stealing by public servant – proof by accounting of collections and remittances – missing duplicate key raises doubt as to specific cash in a locked box but does not negate liability for unaccounted revenue; compensation varied to proven shortfall.
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30 October 1987 |
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Conviction for store‑breaking and theft upheld on admission and possession, but 12‑year sentence reduced as excessive to 8 years.
Criminal law – store breaking and theft – proof by possession and admission – conviction upheld; sentencing limits of subordinate courts – excessive sentence reduced to lawful maximum (8 years).
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30 October 1987 |
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Appeal dismissed — no basis to disturb lower courts' credibility findings about a refund claim.
Civil appeal – concurrent findings of fact based on credibility – appellate interference only where findings are demonstrably unsafe or erroneous; claim for refund of money paid for goods not delivered.
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30 October 1987 |
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Under Nyakyusa customary law a testator may not disinherit his eldest son without specified grave cause; such a will is void.
* Customary law – Nyakyusa custom – disinheritance by will – Third Schedule to Local Customary (Declaration) Order (GN No.436/1963) – "grave reasons" required to deprive an heir. * Wills – validity – deprivation of heir without lawful cause renders will void as to that disposition and estate passes by intestacy. * Civil procedure – appointment of executor under invalid will quashed.
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27 October 1987 |
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Convictions overturned where prosecution failed to prove municipal jurisdiction and public-reservation of the disputed land.
* Criminal law – trespass (s.299 Penal Code) and applicability to land reserved for public use
* Municipal/Township law – applicability of Township (Building) Rules (Cap.101) requires proof the land lies within municipal boundaries
* Evidence – municipal expert must give clear, unambiguous proof (e.g., map) of jurisdictional boundaries
* Locus in quo/site visit – demonstrations by unsworn prosecutor are not admissible evidence
* Standard of proof – unresolved doubts about ownership or jurisdiction resolved in favour of the accused
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27 October 1987 |
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Conviction quashed where identification of property was unreliable and the appellant's alibi was not properly rejected.
* Criminal law – Identification of property – claimant identified screw driver after it was shown in court; inscription on tool not determinative.
* Criminal law – Identification of goods – common tools require explanation of method of identification.
* Criminal law – Alibi – defendant established alibi evidence which trial court failed to adequately consider; conviction unsafe.
* Evidence – burden and standards for identification and proof beyond reasonable doubt.
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26 October 1987 |
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An allegation of using a firearm equates to possessing it; offence is non-bailable under s148(5)(e).
Criminal procedure — Bail — section 148(5)(e) Criminal Procedure Act 1985 — whether allegation of using a firearm in committing an offence constitutes 'having or possessing' a firearm for non-bailable offences; use of firearm implies possession; offence non-bailable.
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22 October 1987 |
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The appellant's housebreaking conviction was quashed as the facts showed burglary at night; the theft conviction was upheld.
Criminal law – Burglary v. housebreaking – night-time breaking constitutes burglary under s.294(2); incorrect charge may require quashing. Criminal procedure – inconsistency in record (dates) – inadvertent recording error. Evidence – recent possession as proof of theft. Conviction for a lesser kindred offence permissible where facts disclose it.
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21 October 1987 |
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Applicants’ appeal against burglary and theft convictions dismissed; recent possession and sentences upheld.
Criminal law – Burglary and theft – Evidence of recent possession – Recovered property and disposal to third parties – Credibility of witnesses – Sentencing and compensation upheld.
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17 October 1987 |
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Appellate court upheld several false‑accounting and theft convictions but quashed forgery and other insufficiently proved counts.
* Criminal procedure – section 214(2)(a) C.P.A. – right of accused to have the magistrate who tries him hear witnesses afresh – successor magistrate improperly relying on predecessor’s recorded evidence.
* Evidence – burden and standard – proof beyond reasonable doubt; necessity of primary banking evidence and bank witness testimony to prove misappropriation of public revenue.
* Evidence Act s.67 – admissibility of secondary evidence; unreliable secondary copies cannot sustain conviction.
* Forgery – requirement of positive evidence linking accused to alteration of documents; overwriting on triplicates not sufficient without identification.
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14 October 1987 |
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Reported
Criminal Practice and Procedure - Trial - Trial by two magistrates in succession - Succeeding magistrate prefers to rely on the version of.evidence given by witnesses before the first magistrate - S. 214(2)(a) C.P.A..
Evidence - Standard of proof
Evidence - Secondary evidence - Whether admissible. |
14 October 1987 |
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Applicants must appeal a subordinate court’s refusal of bail to the High Court under the Criminal Procedure Act 1985, not make a fresh application.
Criminal Procedure Act 1985 – bail – sections 148, 149 and 161 – orders of subordinate courts relating to bail are appealable/revisable by the High Court – procedural change from repealed Criminal Procedure Code – appeal required, not fresh High Court application.
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12 October 1987 |
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Reported
Criminal Practice and Procedure - Bail - Application to the High Court after District Court refused to grant it - Whether procedure proper. |
12 October 1987 |
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Escape convictions upheld; robbery convictions set aside for lack of evidence; theft convictions substituted for some accused.
* Criminal law – Escaping from lawful custody – Conviction upheld where detainees left prison without authority after conspiring with inmate.
* Criminal law – Robbery with violence – Victim absence and lack of medical evidence can render robbery conviction unsafe.
* Criminal law – Theft of government firearms and ammunition – Possession and disappearance of property may support theft conviction.
* Procedure – Revisional powers – Court may substitute convictions and sentences where evidence supports a lesser offence, even for non-appealing accused.
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10 October 1987 |
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Appeal dismissed: insufficient evidence to convict respondent of receiving stolen property despite Primary Court's jurisdiction.
* Criminal law – Receiving stolen property – Jurisdiction of Primary Court under section 311 Penal Code – Sufficiency of evidence to prove receiving stolen property.
* Criminal procedure – Appeal – Appellate review of factual findings and credibility assessments.
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7 October 1987 |
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Threats of arrest and intimidation do not satisfy the physical-violence requirement for robbery; offence substituted to demanding with menaces.
* Criminal law – robbery with violence – requirement of use or threat of actual physical violence under s.285 – mere threats of arrest or intimidating boasts insufficient. * Criminal law – demand with menaces (s.292) – when conduct amounts to menaces and supports conviction for demanding property with intent to steal. * Identification – daylight and prior acquaintance supports identification evidence.
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7 October 1987 |
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Appeal dismissed where a voluntary caution statement and being caught in the act corroborated the robbery conviction.
* Criminal law – robbery – confession recorded in caution statement – voluntariness and admissibility under s.27(1) Evidence Act 1967 – trial court rightly accepted confession.
* Evidence – appellant caught in the act – corroboration of confession by circumstances of arrest.
* Sentencing – sentence was the minimum prescribed under the Minimum Sentences Act 1972.
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2 October 1987 |
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Appellant's conviction and sentence for housebreaking and theft upheld where recent possession proved and sentence lawful.
* Criminal law – housebreaking and stealing – doctrine of recent possession – unexplained possession of identified stolen property supports conviction.
* Evidence – identification of property – owner’s identification of stolen items admissible and probative.
* Sentencing – sentence within Minimum Sentences Act 1972 not open to successful challenge.
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2 October 1987 |
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Reported
Land Law - Land Registration Ordinance Cap. 334 - Definition of owner of an estate or interest thereof- 5. 2 ofCap. 334
Land Law - Unconditional gift - A suijuris out of love and affection - Whether it passes property absolutely. |
2 October 1987 |
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Appeal allowed on count 36 where evidence pointed to another accused; convictions on counts 35 and 37 upheld.
Criminal law – stealing by public servant – evidence of chits and handwriting experts – appellate review of convictions – quashing conviction where evidence attributes theft to another accused – compensation order upheld where conviction affirmed.
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2 October 1987 |
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A registered proprietor retains title; a voluntary gift of registered land is irrevocable absent reservation or vitiating factors.
* Land law – Registration – Legal owner defined by name on registered title (Land Registration Ordinance, Cap. 334, s.2).
* Gifts – Voluntary gift of registered land – When irrevocable; need for express reservation or vitiating factors to revoke.
* Rent receipt – Collection of rent and tenants’ recognition of a person as landlord do not operate to transfer legal title.
* Evidence – Burden to show reservation or circumstances invalidating an absolute gift.
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2 October 1987 |
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Application for extension of time to appeal disqualification dismissed; court corrected illegal fine-only sentence by imposing statutory minimum imprisonment.
Criminal procedure Appeal out of time Extension of time under s.361 CPA Road Traffic Act s.27 (disqualification) s.63(2) mandatory minimum sentence Revisional powers to correct erroneous sentence.
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1 October 1987 |
| September 1987 |
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Reported
Criminal Practice and Procedure - Pleas - Plea of guilty not consistent with facts narrated by prosecution - Whether plea of not guilty ought to be entered.
Criminal Practice and Procedure - Compensation order- Primary Court's power to order compensation - Magistrates Courts Act, 1984 - Third Schedule - Primary Court Criminal Procedure Code. |
30 September 1987 |
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A guilty plea supported by admitted facts was held unequivocal, but a Primary Court’s compensation award exceeding Shs.1,000 was quashed and reduced.
Criminal law — Plea of guilty — Whether plea is equivocal — Evidence of narrated facts and admissions in court; Primary Courts — Jurisdiction to award compensation — Limitation under Primary Court Criminal Procedure Code (Third Schedule to Magistrates' Courts Act, 1984) — Excessive compensation quashed and substituted.
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30 September 1987 |
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Relative eyewitnesses' testimony corroborated by sketch plan upheld; imprisonment-in-default sentences must run consecutively; appeal dismissed.
* Evidence — Eyewitness testimony by relatives — admissibility and credibility when witnesses were passengers and corroborated by a sketch plan.
* Road Traffic — careless driving and causing bodily injury — sufficiency of evidence to support conviction.
* Administrative penalty — driving licence disqualification — duration affirmed (six months).
* Sentencing — imprisonment in default of fines — cannot run concurrently; must run consecutively.
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30 September 1987 |