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142 judgments found.
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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 — assessment of credibility
— appellate restraint in disturbing Primary Court findings supported by consistent witnesses Civil procedure — appeal heard in absence of a party
30 December 1988
Whether the evidence—identification and possession of stolen property—sufficiently supported conviction for theft from a motor vehicle.
Criminal law — Appeal against conviction
— Possession/recovery of stolen property and chain of custody
— Procedural fairness at trial
— sufficiency and reliability of identification evidence
Criminal law — Theft from a motor vehicle
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
— 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
— receiving stolen property (Penal Code s.311) — requires proof of theft and accused's knowledge
— Recent possession doctrine — limits where identification and witness evidence are equivocal
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 — Contradictory descriptions of clothing — 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.
Civil procedure
— Appellate review — improper reliance on formalities (stamp duty) where customary law governs local transactions
— Validity of sale — capacity to dispose — sale by person lacking ownership is null and void
Customary law — inheritance and succession — widow’s rights
— cannot dispose of deceased’s immovable property
— widow has usufruct and maintenance rights only
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
— computation of time — period between application for copy of judgment and supply is excluded from time calculation
— Interpretation — Magistrates' Courts Act 30-day limit does not apply to appeals from District Courts in original jurisdiction
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 — 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
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
— appeal without merit
— ex parte proceedings after accused absconded
— Eyewitness identification and recovery of weapon
— 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
Civil procedure — Tort/damages — alleged destruction of crops by cattle
— Appellate deference to factual findings of lower courts
— burden of proof on claimant
3 December 1988
Second accused convicted of murder on credible eyewitness and post‑mortem evidence; co‑accused acquitted or discharged.
Criminal law
— Common intention — requirement of evidence to establish concerted purpose
— Murder — inference of malice from weapon, conduct and injuries
Evidence — Evidential weight of medical (PF3) and witness testimony — Causation between assault and death
3 December 1988
Contract law — 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
— revisional power to impose sentence
— validity where no evidence of refugee status.* Powers of removal
25 November 1988
A clandestine unlawful abortion by a nursing officer, corroborated by confession and post‑mortem, amounted to manslaughter.
Criminal law
— Child destruction — Unlawful surgical abortion performed without just cause — Penal Code s219(1)
— Manslaughter — Elements: unlawful act causing death — Caution statement admissibility and corroboration (Penal Code s195)
25 November 1988
Whether prosecution proved cattle theft beyond reasonable doubt amid witness inconsistencies and assessors' unanimous verdict.
Criminal law — Cattle theft — Identification and credibility of eyewitness evidence — Identification and credibility of witnesses in livestock theft cases
Criminal procedure — assessors’ opinions — Trial judge may reject assessors’ views after independent evaluation of evidence — Judge’s discretion when departing from unanimous assessors’ opinion on credibility
22 November 1988
Appellate court will not disturb lower courts' and reconciliation board's factual findings on livestock ownership; appeal dismissed with costs.
Civil procedure — 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 on circumstantial evidence quashed where inconsistencies and unexplained gaps created reasonable doubt.
Criminal law — Evidence — Circumstantial evidence — Must irresistibly point to guilt and exclude reasonable hypotheses of innocence
Criminal procedure — Safety of conviction — Inconsistencies and unexplained gaps in prosecution case may render conviction unsafe
Evidence — Evidence and credibility — Credibility and searching of scene — Conflicting testimony about night search and discovery of stolen items undermines prosecution case
11 November 1988
Appeal allowed where respondent wrongfully retained pigs held in custody for the appellant; primary court decision restored.
Civil procedure — Civil appeal — possession and ownership of livestock
— appellate review of findings of fact
— custody versus ownership
— entitlement to animals where some offspring given as payment for labour
— primary court decision restored
8 November 1988
Confession, witness testimony and conduct supported adultery and paternity findings; appeal dismissed.
Civil procedure — limitation — commencement of limitation period where act complained of dated only approximately — When limitation period begins (when suspicion of adultery reasonably arises)
Evidence — credibility and inference — Acceptance of inferences from conduct (custody, village meeting confession)
Family law — adultery — proof of adultery and entitlement to damages — Credibility of witness testimony and conduct as evidence of paternity
1 November 1988
October 1988
Circumstantial evidence failed to prove forgery or conspiracy; signatures and cashier/manager involvement raised reasonable doubt.
Criminal law — conspiracy/common intention
— duties of storekeeper and impact of uncharged suspects on safety of convictions
— evidential value of signatures and rubber stamps
— required elements and proof
Criminal law — Forgery and false accounting — Sufficiency of circumstantial evidence
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
— appellate deference to trial court factual findings
— continuous undisturbed occupation by a person and ancestors for 21 years confers a right to land
— evidentiary burden and credibility of witnesses
27 October 1988
Employer disciplinary sanction does not bar criminal prosecution; evidence of shortages and admission supports theft convictions.
Criminal law — Minimum Sentences Act, 1972 — minimum custodial sentences and compensation upheld
Criminal law — Theft by employee
— employer disciplinary action (dismissal) does not bar criminal prosecution
— Inventory shortages and failure to account establish theft
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
— Procedural irregularity in judgment delivery
— Appeal dismissed
— cured
— sentence review — not excessive
— Witchcraft Ordinance — naming/indicating as a witch
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
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
— Compensation — Order set aside where property/value recovered
— sentencing — Mandatory sentence misapplied where value stolen below threshold — Sentence reduced
— Theft — Credibility of accused’s denials
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
18 October 1988
18 October 1988
Appellate court quashed conviction where prosecution failed to prove absence of bank deposit and trial court shifted burden to accused.
Criminal law
— 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
— Uttering a false document — burden of proof
13 October 1988
Whether a court may impose both fine and imprisonment when statute prescribes an alternative "fine or imprisonment".
Criminal law — sentencing — Statutory interpretation of disjunctive punishment provisions — 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
— Evidence — inference of intent from circumstantial evidence and contemporaneous possession
— 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
— Revisionary jurisdiction — quashing conviction where evidence is insufficient
— sentencing — two-year imprisonment within statutory maximum confirmed
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 consolidate costs incurred in Primary and District Courts; bill of Shs 9,332 taxed at half (Shs 4,666).
Civil procedure
— Bill of Costs — High Court retains jurisdiction to award and tax costs despite pending Court of Appeal review
— Taxation of costs — Proper forum for taxation where matter commenced in a Primary Court and ended at the High Court
Evidence — Documentary evidence — Documentary evidence (receipts)
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
— credibility of prosecution witnesses
— standard of proof beyond reasonable doubt
— Whether receipt constitutes a bribe
Criminal law — sentencing — Whether custodial term of five years manifestly excessive — sentence within statutory limits
8 October 1988
Conviction for theft quashed where prosecution failed to prove ownership and reasonable doubt existed.
Criminal law — Theft — Identification and proof of ownership — Onus on prosecution to prove ownership and exclude reasonable doubt
5 October 1988
Appeal dismissed: evidence showed guilty knowledge for receiving stolen property and sentence was lawful.
Criminal law
— Appeal — conviction and sentence
— Receiving stolen property — Alternative count conviction — Evidence of possession and sale of stolen goods establishes guilty knowledge
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
— alibi — assessment of credibility
— Causation in homicide
— dying declaration — criteria
— Expert medical evidence — opinion persuasive but not conclusive
— Extra‑judicial statements by co‑accused — self‑exculpatory statements not evidence against co‑accused
24 September 1988
A voluntary retracted confession may convict its maker, but cannot alone convict a co-accused without corroboration.
Criminal law — Murder — Retracted confession
Criminal procedure — Evidence — Cautioned statements
Evidence — corroboration — Corroboration of confession
20 September 1988
Identification and circumstantial evidence were insufficient to prove the accused guilty of murder; he was acquitted.
Criminal law — Assessors — Assessors’ concurrence with trial judge where identification evidence is doubtful
Criminal law — Circumstantial evidence — Robbery, arson and presence at scene insufficient to convict absent reliable identification
Criminal law — identification evidence
— dangers of mistaken ID
— Reliability of identification made under torchlight and in intimidating circumstances
Evidence — Forensic evidence — Skull fracture and charring relevant to causation but may not conclusively establish precise cause of death
17 September 1988