|
Citation
|
Judgment date
|
| December 1988 |
|
|
Long continuous occupation after village allocation barred the respondent’s land claim; appeal allowed and Primary Court restored.
* Land law – allocation by village authorities – effect of village development committee allocation on ownership
* Adverse possession/limitation – 24 years' continuous occupation and delay in bringing action
* Evidence – assessment of credibility; appellate restraint in disturbing Primary Court findings supported by consistent witnesses
* Civil procedure – appeal heard in absence of a party; rule 13(3) compliance and service
|
30 December 1988 |
|
Whether the evidence—identification and possession of stolen property—sufficiently supported conviction for theft from a motor vehicle.
Criminal law – Theft from a motor vehicle (s.269(b) Penal Code); Appeal against conviction – sufficiency and reliability of identification evidence; Possession/recovery of stolen property and chain of custody; Procedural fairness at trial.
|
27 December 1988 |
|
Appellants’ convictions upheld on reliable eyewitness identification; recent-possession weak, alibi notice absent, sentence not excessive.
Criminal law – Identification evidence – reliability of eyewitness identification under favourable conditions; Criminal law – Recent possession – inadequacy where stolen items are common and lack distinctive marks; Criminal procedure – Alibi defence – statutory notice requirement and discretionary disregard; Sentencing – whether eight years for robbery with violence is excessive.
|
23 December 1988 |
|
|
23 December 1988 |
|
Conviction quashed where identification and proof of theft or knowledge of stolen property were insufficient.
Criminal law – identification of stolen property – adequacy of proof of ownership; recent possession doctrine – limits where identification and witness evidence are equivocal; receiving stolen property (Penal Code s.311) – requires proof of theft and accused's knowledge; failure to call a material witness weakens prosecution case.
|
21 December 1988 |
|
Appellate court quashed conviction due to unsafe identification arising from poor lighting and inconsistent witness accounts.
Criminal law – Identification evidence – Visual identification under torchlight – Contradictory descriptions of clothing – Necessity for certainty to support conviction – Appeal allowed where identification unsafe.
|
21 December 1988 |
|
Whether a widow may validly sell immovable property under local customary law; court held she may not, so the sale was void.
* Customary law – inheritance and succession – widow’s rights – widow has usufruct and maintenance rights only; cannot dispose of deceased’s immovable property. * Validity of sale – capacity to dispose – sale by person lacking ownership is null and void. * Civil procedure – appellate review – improper reliance on formalities (stamp duty) where customary law governs local transactions.
|
20 December 1988 |
|
Appeal from District Court to High Court governed by 90‑day limitation; registrar erred in striking out as time‑barred.
* Civil procedure – appeals from District Court to High Court – applicable limitation period (Law of Limitation Act First Schedule: 90 days). * Interpretation – Magistrates' Courts Act 30-day limit does not apply to appeals from District Courts in original jurisdiction. * Computation of time – period between application for copy of judgment and supply is excluded from time calculation. * Striking out – registrar erred in striking out appeal found not time-barred.
|
15 December 1988 |
|
Appellate court upheld malicious-damage convictions and found nine-month sentences not manifestly excessive.
Criminal law – Malicious damage to property – Evidence of deliberate conduct where accused allowed/cause cattle to destroy maize – Credibility findings of trial court – Sentence proportionality and manifest excessiveness.
|
13 December 1988 |
|
|
12 December 1988 |
|
Child witness was improperly sworn and identification/recent-possession evidence was unreliable; convictions quashed.
Criminal law – Evidence Act s.127 – competency and oath of child witnesses; identification evidence – reliability where witness awoken at night, torch light and violence; recent possession – adequacy of identification of recovered goods; effect of contradictory testimony on prosecution case.
|
8 December 1988 |
|
The applicant's appeal dismissed; conviction and eight-year sentence confirmed on credible eyewitness ID and weapon recovery.
Criminal law – Robbery/armed snatching – Eyewitness identification and recovery of weapon; ex parte proceedings after accused absconded; appeal without merit; sentence confirmation.
|
5 December 1988 |
|
Second appeal dismissed; appellate court declines to disturb lower courts' factual findings on alleged crop damage.
* Civil procedure – second appeal – scope of appellate review of concurrent findings of fact; * Tort/damages – alleged destruction of crops by cattle – burden of proof on claimant; * Appellate deference to factual findings of lower courts.
|
3 December 1988 |
|
Second accused convicted and sentenced to death for killing a weakened victim; others acquitted or discharged.
* Criminal law – Murder – Whether prosecution proved beyond reasonable doubt who caused the violent death – Inference of malice from lethal weapon and injuries – Liability where attacker inflicts fatal injuries on an already‑weakened victim. * Evidence – Eyewitness and post‑mortem evidence relied on to establish causation and intent. * Criminal procedure – Nolle prosequi and acquittal where evidence insufficient to link accused to offence.
|
3 December 1988 |
Labour - Employment on permanent and pensionable terms - Whether employment till the age of retirement. Contract- Damages - Premature termination of employment |
2 December 1988 |
| November 1988 |
|
|
|
26 November 1988 |
|
Absent proof of refugee status, a guilty plea for unlawful entry is valid and a magistrate cannot lawfully order removal; sentence imposed.
* Immigration law – unlawful entry – plea of guilty – validity where no evidence of refugee status.* Powers of removal – section 24 Immigration Act – reserved to Minister, not magistrate.* Conditional discharge – unlawful where statutory penalty applies; revisional power to impose sentence.
|
25 November 1988 |
|
A nursing officer’s unlawful abortion performed in a guesthouse, corroborated by confession and post‑mortem, constituted manslaughter.
Criminal law – manslaughter by unlawful abortion; admissibility and corroboration of caution statements; criminal negligence in performance of medical/surgical act; liability for procuring unlawful act resulting in death.
|
25 November 1988 |
|
The accused acquitted where prosecution evidence unreliable and cattle likely deliberately let stray to frame accused.
Criminal law — cattle theft; witness credibility and identification at distance; inconsistencies in witness statements; recovered property undermining intent to permanently deprive; lay members' opinion not binding on judge.
|
22 November 1988 |
|
Appellate court will not disturb lower courts' and reconciliation board's factual findings on livestock ownership; appeal dismissed with costs.
Civil appeal – ownership/possession of livestock – appellate deference to trial court and reconciliation board findings – interference only if compelling reason exists.
|
15 November 1988 |
|
Conviction quashed where circumstantial evidence contained gaps creating reasonable doubt about culpability.
Criminal law – storebreaking and stealing – sufficiency of circumstantial evidence – gaps and inconsistencies – reasonable doubt – appellate intervention where circumstantial chain not irresistible.
|
11 November 1988 |
|
Appeal allowed where respondent wrongfully retained pigs held in custody for the appellant; primary court decision restored.
Civil appeal – possession and ownership of livestock – custody versus ownership; appellate review of findings of fact; entitlement to animals where some offspring given as payment for labour; primary court decision restored.
|
8 November 1988 |
|
Appeal dismissed: trial court reasonably found adultery, paternity and timely filing; appellant's denial rejected.
Adultery and paternity – maintenance – limitation/time bar – credibility of witnesses – appeal against findings of fact.
|
1 November 1988 |
| October 1988 |
|
|
Circumstantial evidence failed to prove forgery or conspiracy; signatures and cashier/manager involvement raised reasonable doubt.
Criminal law – Forgery and false accounting – Sufficiency of circumstantial evidence; conspiracy/common intention – required elements and proof; evidential value of signatures and rubber stamps; duties of storekeeper and impact of uncharged suspects on safety of convictions.
|
28 October 1988 |
|
Long, continuous ancestral possession (about 21 years) gives rise to a right to land; appeal dismissed with costs.
Land law – possession and title – continuous undisturbed occupation by a person and ancestors for 21 years confers a right to land; evidentiary burden and credibility of witnesses; appellate deference to trial court factual findings.
|
27 October 1988 |
|
Employer disciplinary sanction does not bar criminal prosecution; evidence of shortages and admission supports theft convictions.
Criminal law – Theft by employee – Inventory shortages and failure to account establish theft; employer disciplinary action (dismissal) does not bar criminal prosecution; Minimum Sentences Act 1972 – minimum custodial sentences and compensation upheld.
|
26 October 1988 |
|
Appellant's convictions for assault and alleging witchcraft upheld; procedural defect cured under s.383 CPA, appeal dismissed.
Criminal law; Assault causing actual bodily harm – proof by eyewitness and medical evidence; Witchcraft Ordinance – naming/indicating as a witch; Sentence review – not excessive; Procedural irregularity in judgment delivery – cured under s.383 Criminal Procedure Act; Appeal dismissed.
|
26 October 1988 |
|
Appellants’ convictions for misappropriating company funds and eight-year sentences were upheld.
Criminal law – theft/embezzlement of employer funds – documentary chits as proof of fictitious payments – voluntariness and corroboration of caution/confession statements – sentence review under Minimum Sentences Act.
|
26 October 1988 |
|
Conviction for theft upheld; five-year mandatory sentence reduced to three years and compensation order set aside because loss was recovered.
Criminal law — Theft — Credibility of accused’s denials — Conviction upheld; Sentencing — Minimum Sentences Act 1972 — Mandatory sentence misapplied where value stolen below threshold — Sentence reduced; Compensation — Order set aside where property/value recovered.
|
26 October 1988 |
|
|
22 October 1988 |
|
Application to restore an appeal granted where non‑appearance was excused by attendance at the deceased applicant’s funeral.
Civil procedure – restoration of appeal struck off for non‑appearance – sufficient cause where personal representative attended funeral – application by personal representative; no order as to costs.
|
21 October 1988 |
|
|
20 October 1988 |
|
|
19 October 1988 |
|
Denial of bail under S.148(5) C.P.A. requires the prosecution to prove antecedent facts (medical or certified records) before refusal.
Criminal procedure – Bail – S.148(5) C.P.A. – Denial of bail based on antecedent conditions requires prosecution to prove those facts (e.g., medical report for grievous harm; certified records for prior sentences).
|
18 October 1988 |
|
|
18 October 1988 |
Civil Practice and Procedure - Locus standi -State attorney appearing on behalf of a local government authority in a civil case - Whether state attorney has locus standi |
14 October 1988 |
|
Appellate court quashed conviction where prosecution failed to prove absence of bank deposit and trial court shifted burden to accused.
Criminal law – uttering a false document – burden of proof – prosecution must prove absence of deposit beyond reasonable doubt; hearsay and failure to call bank officers insufficient – trial court misdirection where burden shifted to accused for non-production of documents – conviction and sentence quashed.
|
13 October 1988 |
|
Whether a court may impose both fine and imprisonment when statute prescribes an alternative "fine or imprisonment".
Sentencing — Statutory interpretation of disjunctive punishment provisions — "Or" denotes alternative (not cumulative) penalties — Courts lack power to impose both fine and imprisonment absent express legislative authorization.
|
13 October 1988 |
|
Tools with lawful uses may be housebreaking implements if circumstances justify inferring intent to use them for burglary.
* Criminal law – possession of implements – motor-vehicle jack and iron bar may be housebreaking implements if capable of such use and surrounding circumstances justify inference of intent; * Evidence – inference of intent from circumstantial evidence and contemporaneous possession; * Sentencing – two-year imprisonment within statutory maximum confirmed; * Revisionary jurisdiction – quashing conviction where evidence is insufficient.
|
12 October 1988 |
|
Appeal allowed; trial court's unsupported conviction and sentence set aside, no release ordered as sentence already served.
Criminal procedure – appeal – unsafe/unsupported trial court judgment – conviction/sentence set aside; no release ordered where sentence already served.
|
10 October 1988 |
|
High Court may tax and award costs incurred in subordinate courts; bill of shs 9,332/- taxed at half (shs 4,666/-).
Costs – Taxation – High Court jurisdiction to tax bills for costs incurred in Primary and District Courts – Consolidated bill covering multiple courts – Receipts not disputed – Bill taxed at one-half.
|
8 October 1988 |
|
Receipt of Shs.400 was held to be a bribe; conviction and five‑year sentence were upheld.
* Criminal law – Corruption – Receipt of money from complainant – Whether receipt constitutes a bribe – Requirement that corrupt act relate to officer’s principal’s affairs; credibility of prosecution witnesses; standard of proof beyond reasonable doubt. * Sentencing – Whether custodial term of five years manifestly excessive – sentence within statutory limits (s.59(2) EOCCA).
|
8 October 1988 |
|
Conviction quashed where prosecution failed to establish ownership of alleged stolen goods beyond reasonable doubt.
* Criminal law – theft – proof of ownership – prosecution must prove goods belonged to complainant beyond reasonable doubt. * Evidence – identification of goods – need for marks or corporate/management witnesses to establish ownership. * Reasonable doubt – unchallenged claim of ownership by accused may require acquittal. * Remedies – quashing conviction and ordering restoration or value of property.
|
5 October 1988 |
|
Appeal dismissed: evidence showed guilty knowledge for receiving stolen property and sentence was lawful.
Criminal law – Receiving stolen property – Alternative count conviction – Evidence of possession and sale of stolen goods establishes guilty knowledge; Sentence – Five years’ imprisonment within ambit of Minimum Sentences Act 1972; Appeal – Conviction and sentence upheld.
|
5 October 1988 |
|
|
4 October 1988 |
|
|
3 October 1988 |
|
|
3 October 1988 |
| September 1988 |
|
|
|
29 September 1988 |
|
The court convicted the accused of grievous bodily harm but found insufficient proof that the assault caused the deceased’s death.
Criminal law – causation in homicide – requirement to prove assault caused death; Expert medical evidence – opinion persuasive but not conclusive; Dying declaration – criteria under section 34(a) and admissibility; Extra‑judicial statements by co‑accused – self‑exculpatory statements not evidence against co‑accused; Alibi – assessment of credibility.
|
24 September 1988 |
|
A voluntary but retracted confession can support a murder conviction when the court is satisfied of its truth; insufficient corroboration warrants acquittal of co-accused.
Criminal law – murder – admissibility and weight of retracted extra-judicial confession – corroboration requirements – evidentiary value of co-accused’s cautioned statement (not a confession) – conviction and acquittal where corroboration is lacking.
|
20 September 1988 |