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Citation
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Judgment date
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| December 1989 |
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A widow’s refusal to be inherited prevents recovery of dowry; appellant’s claim for mahari return is dismissed.
Customary law – dowry (mahari) – levirate (inheritance) – where widow refuses to be inherited dowry is non‑refundable; interpretation and application of G.N. 279 of 1963 s.66(2); Primary Court ex parte order set aside on appeal.
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22 December 1989 |
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Convictions quashed where hostile witnesses and lack of proper identification made prosecution speculative.
Criminal law – Evidence – Hostile witnesses and reliability of their prior statements – Identification of stolen property – Need for registration number or distinctive marks – Circumstantial inference from alleged concealment of residence.
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21 December 1989 |
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An allegedly coerced confession is inadmissible and a retracted confession needs corroboration before supporting conviction.
* Evidence – Confession – Allegation of coercion by village authorities – Admissibility under s.29 Evidence Act. * Evidence – Retracted confession – Requirement of corroboration. * Prosecution duty – Failure to call witnesses who obtained confession undermines reliability.
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20 December 1989 |
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Conviction based on a retracted confession without a trial-within-a-trial and insufficient corroboration was quashed.
* Criminal law – Confession – Admissibility – Trial-within-a-trial required to determine voluntariness where confession is retracted.
* Evidence – Retracted confession requires independent corroboration before it can support conviction.
* Identification and circumstantial evidence – Vague descriptions and unexplained but non-conclusive conduct insufficient to prove guilt beyond reasonable doubt.
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20 December 1989 |
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Bail pending appeal granted where delay, tampered serial numbers and weak identification undermine prosecution’s case.
Criminal procedure – bail pending appeal – good cause – recent possession doctrine undermined by long delay; identification evidence unreliable; tampered serial numbers; receiving stolen property requires proof of knowledge.
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18 December 1989 |
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Conviction unsafe where unproved bad-character evidence and uncorroborated co-accused testimony were relied upon.
* Criminal law – conviction based on uncorroborated co-accused testimony – requirement for warning/corroboration (s33(2), Evidence Act).
* Evidence – bad character evidence – inadmissibility where prior misconduct is unproved (s56(1), Evidence Act).
* Sufficiency of evidence – conviction unsafe where no independent witness and reliance on improperly admitted evidence.
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15 December 1989 |
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Appellate court upholds conviction where identification by familiar witnesses was reliable; appeal dismissed.
* Criminal law – Identification evidence – reliability and opportunity to observe – familiarity of accused to witnesses; * Evidence – Interested witnesses – no absolute rule of corroboration, caution required; * Trial review – appellate court upholds conviction where identification circumstances are favourable.
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13 December 1989 |
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Appellants' guilty plea and narrated facts failed to establish wilful unlawful damage; conviction, sentence and compensation were quashed.
* Criminal law – Malicious damage to property – Elements – wilfulness and unlawfulness (mens rea) must be proved from facts; mere causation (tree falling) insufficient. * Criminal procedure – guilty plea and narrated facts – plea is not a substitute for proof of criminal ingredients. * Evidence – res ipsa loquitur inapplicable to criminal offences; applies to negligence torts. * Compensation – orders require proper valuation/evidence of loss; absent valuation, compensation order defective.
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13 December 1989 |
| November 1989 |
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High Court set aside unduly lenient district sentences for aggravated multiple rape, substituting the maximum district penalty within statutory limits.
Criminal law – Rape – Aggravated/multiple rape – Sentencing – Unduly lenient sentence in subordinate court – Revisionary jurisdiction – Limits under s.373(1) and s.170(1)(a) Criminal Procedure Act – Substitution of maximum permissible district sentence – Magistrates’ duty to commit serious cases to High Court.
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30 November 1989 |
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Appellant's murder conviction and death sentence upheld; dying declarations and eyewitness identification proved guilt beyond reasonable doubt.
Criminal law – Murder – Identity – Dying declarations admissibility and corroboration by eyewitness testimony – Sufficiency of moonlight/slight darkness for identification – Unexplained absence or arrest procedure deficiencies do not necessarily vitiate conviction – Duty of counsel to avoid unsupported allegations.
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22 November 1989 |
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A rent-restriction claim belongs to the housing tribunal; the Civil Procedure Code transfer rule did not apply, so dismissal was proper.
* Jurisdiction – Rent-restriction/housing tribunal matters – Proper forum for claims for vacant possession and arrears of rent – Regional Housing Tribunal v Resident Magistrate's Court.
* Civil Procedure – Applicability of CPC to specialized tribunals – Order VII Rule 10(1) (return/transfer of plaint) not applicable to rent-restriction cases.
* Procedural remedy – Dismissal for wrong forum where specialized tribunal jurisdiction applies.
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20 November 1989 |
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Extension of time to appeal granted where applicant lacked knowledge of judgment and a substantive joinder issue arose.
Extension of time to appeal; lack of knowledge of judgment as sufficient cause; existence of substantial legal issue (joinder of third party) justifying extension.
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20 November 1989 |
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Applicant failed to prove non-ownership of attached property; court dismissed delays and upheld attachment and sale.
Execution – Attachment of property – Applicant failed to prove attached property did not belong to judgment debtor; photocopies insufficient without owners’ testimony – Delay and dilatory tactics – Refusal of adjournment and instalment payment – Warrant of attachment upheld; proclamation of sale ordered.
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16 November 1989 |
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Appellant unlawfully denied bail based on unproven allegations; prosecution must produce evidence to oppose bail.
Criminal procedure – Bail – s.148(5)(e) Criminal Procedure Act – Requirement that prosecution adduces evidence when opposing bail – Allegations of dangerous driving and asserted prior conviction insufficient to refuse bail without proof.
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10 November 1989 |
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Appeal allowed where prosecution failed to prove dangerous driving and causation beyond reasonable doubt, convictions and sentences set aside.
Road Traffic Act – causing death/bodily injury by dangerous driving – offence requires proof of breach of duty, not strict liability – necessity for adequate evidence of speed and causation – insufficiency of vague eyewitness assertions and inconclusive vehicle markings – conviction quashed for want of proof beyond reasonable doubt.
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2 November 1989 |
| October 1989 |
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Caveat emptor inapplicable where buyer lacked opportunity to inspect and seller liable for delivering a defective tyre.
• Sale of goods – Implied warranty of merchantable quality – Seller liable where goods delivered are defective and buyer had no opportunity to inspect. • Contract law – Caveat emptor inapplicable where buyer prevented from inspecting goods. • Evidence – Credibility of contradictory denials by seller.
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25 October 1989 |
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Reported
Contract - Agency - Termination - Terminable at instance of either party by three months notice - Termination by principal - No evidence that termination notice served on or received by agent - Effect.
Contract - Agency - Termination of authority of - When it takes effect.
Contract - Agency - Termination of authority of agent - Onus of proof.
Contract - Agency - Terminable by notice - Wrongful termination by principal - Agent claims damages in lieu of notice - Measure of damages.
A Contract - Agency - Termination - Express or implied contract that agency to be continued for a period of time - Wrongful termination - Consequences. |
13 October 1989 |
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A claim to recover land is time‑barred where village allocation and uninterrupted occupation by others persisted for fourteen years.
* Land law – possession and allocation by village authorities – effect of uninterrupted occupation following lawful village allocation.
* Limitation – claim to recover land – action barred after lapse of statutory period (14 years) when no timely objection or challenge made.
* Adverse possession/abandonment – absence of owner and long possession by others as defeat to later recovery claim.
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11 October 1989 |
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Reported
Sale of goods - Buyer discovers goods to be defective on delivery - Had no opportunity to inspect goods - Whether principle of caveat emptor applicable.
Sale of goods - Goods discovered to be defective - Breach of implied warranty by seller that goods in reasonable condition. |
10 October 1989 |
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Conviction for cattle theft upheld; sentence reduced from eight to five years as lower court exceeded sentencing powers.
* Criminal law – Theft of livestock – Identification evidence in broad daylight and confession – sufficiency of proof beyond reasonable doubt. * Statutory interpretation – Economic and Organized Crimes Control Act 1984 – exclusion of application of other sentencing laws. * Sentencing – limits on subordinate court powers – sentence ultra vires and reduction to statutory minimum.
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10 October 1989 |
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Circumstantial evidence and overheard admissions were held sufficient to convict the appellant of armed robbery; appeal dismissed.
Criminal law – robbery with violence – circumstantial evidence – sufficiency and cogency of circumstantial proof; overheard admissions implicating accused; lapse of time and proximity between scene and place where admissions were overheard; non-recovery of stolen property immaterial; fresh allegations not raised at trial inadmissible on appeal.
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4 October 1989 |
| September 1989 |
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Whether oral evidence and village allocation suffice to establish title to disputed rural land.
Land law – disputed rural parcel – proof of purchase by oral evidence – absence of vendor’s testimony – village allocation and credibility of village/ten‑cell witnesses – appeal dismissed.
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17 September 1989 |
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Conviction for attempted burglary quashed where prosecution evidence was doubtful and defence raised reasonable doubt.
Criminal law – attempted burglary; sufficiency and credibility of prosecution evidence; evaluation and rejection of defence evidence; benefit of doubt to accused.
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9 September 1989 |
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Appellate court erred by reversing a judgment based on an unpleaded defence raised only on appeal.
Civil appeal – second appeal – appellate court improperly entertaining an unpleaded defence raised on appeal; admissions at trial binding; reversal of trial judgment on new ground unlawful.
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9 September 1989 |
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Criminal trespass unsuitable where land ownership is disputed; the appellant's conviction and conditional discharge were quashed.
Criminal law – Trespass – Disputed land ownership – Where ownership is in dispute, parties must pursue civil proceedings to determine title; criminal trespass prosecution inappropriate – Conviction quashed and conditional discharge lifted.
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9 September 1989 |
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Primary Court lacked jurisdiction over a contract claim exceeding its pecuniary limit, so proceedings were void and may be refiled in District Court.
Jurisdiction – Pecuniary jurisdiction of Primary Court – Trial ultra vires where claim exceeds statutory monetary limit – Proceedings null and void – Right to re-institute claim in court of competent jurisdiction (District Court).
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9 September 1989 |
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Uprooted‑crops claim not time‑barred; malicious‑prosecution claim time‑barred; appeal allowed in part and remitted for trial.
Limitation of actions – time bar – whether earlier institution of claim in another court prevents later dismissal as statute‑barred – malicious prosecution claim time‑barred; claim for damages to crops not time‑barred under Limitation Act 1971 – appeal allowed in part and matter remitted for trial.
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7 September 1989 |
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Appeal allowed: convictions quashed where prosecution failed to prove false pretences beyond reasonable doubt.
Criminal law – Obtaining goods by false pretences – burden of proof beyond reasonable doubt – insufficiency of evidence – credibility and conflicting documentary evidence – convictions set aside on appeal.
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7 September 1989 |
| August 1989 |
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Possession and identification of stolen property (and leading to recovery) sustain conviction; uncorroborated sale allegations do not.
Criminal law – Burglary and stealing – Conviction sustained by possession and identification of stolen property and by leading police to recovered property; insufficient evidence where accused not found in possession and alleged sale of unidentified goods lacked corroboration.
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31 August 1989 |
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High Court certifies limited legal questions on title and relief where plots were allocated by officials lacking authority; unauthorized occupation risks trespass.
* Civil procedure – appeals – High Court competence to extend time for filing notice of intention to appeal, grant leave to appeal and issue certificate of point of law.
* Property/tort – trespass – unauthorized allocation by officials; whether such allocations confer title; occupier who improves land without title cannot claim compensation if a trespasser.
* Evidence – court may decide issues not pleaded if they emerge from parties' evidence.
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31 August 1989 |
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30 August 1989 |
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The Director of Public Prosecutions withdrew the criminal appeal and the High Court recorded the withdrawal.
* Criminal procedure – Appeal – Withdrawal by the Director of Public Prosecutions – Court records acceptance of appellant’s request to withdraw appeal.
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14 August 1989 |
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Application to file in Resident Magistrate’s Court dismissed; leave granted to institute in competent District Court; each party bears own costs.
Jurisdiction — pecuniary jurisdiction of District Court under section 40(2)(a) Magistrates' Courts Act 1984 — venue for suits over immovable property — leave to file suit in appropriate court — parties’ costs.
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12 August 1989 |
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Disputed shambas were family property governed by customary inheritance law; appellant’s possession did not confer ownership.
Customary land law – inheritance – husband as general owner; wives’ usufructuary rights – reversion of allocated parcels to family on wife’s death; long possession and limitation not applicable to family property.
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12 August 1989 |
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High Court quashed criminal proceedings that erroneously determined land ownership, holding such disputes belong in civil court.
* Criminal law – trespass charge – improper vehicle for resolving rival land ownership claims; title and boundary issues require civil proceedings.
* Criminal Procedure Act 1985 – appeals from Primary and District Courts – section 25(1) permits complainant or DPP to appeal; appeal provisions limiting appeals to DPP do not apply to Primary Court matters.
* Jurisdiction – Primary Court erred by determining civil rights in criminal proceedings.
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8 August 1989 |
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Appeal dismissed: appellant failed to prove ownership of felled trees; lower courts' findings upheld.
Civil appeal – ownership of trees – burden of proof and credibility of witnesses – appellate review of concurrent findings – second appeal dismissed with costs.
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5 August 1989 |
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Appeal dismissed: prosecution evidence sufficiently proved theft; accomplice issues and alibi rejected; convictions and compensation order upheld.
Criminal law – store‑breaking and stealing – sufficiency of prosecution evidence – accomplice evidence and need for corroboration – independent witnesses v receivers of stolen property – evaluation of alibi and procedural notice – appellate confirmation of conviction and award of compensation under statutory powers.
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3 August 1989 |
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Acquittal affirmed because prosecution failed to prove stealing by agent beyond reasonable doubt.
Criminal law – Stealing by agent (s.273 Penal Code) – Appeal against acquittal – Sufficiency of prosecution evidence – Standard of proof beyond reasonable doubt – Disputed investment/loan claims and lack of accounting/stocktaking.
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3 August 1989 |
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Appellants’ appeal dismissed: medical and eyewitness evidence proved assault causing grievous harm; defence omissions not fatal.
Criminal law – causing grievous harm (s.225) – sufficiency of medical and eyewitness evidence; credibility of self-infliction defence; admissibility/need to tender alleged weapons as exhibits; refusal to call defence witnesses and miscarriage of justice.
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3 August 1989 |
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Transfer of entrusted cooperative funds to authorized committee members did not constitute theft by servant.
Criminal law – Theft by servant – Elements of fraudulent appropriation – Agency and ownership of funds held for a cooperative – Documentary evidence (payment vouchers) – Conviction unsafe where funds handed to authorized committee members.
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1 August 1989 |
| July 1989 |
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Whether weak, delayed paternity claims (and those arising from defilement) can secure custody and legitimation.
Family law – paternity and custody – proof on balance of probabilities; Limitation – Rule 181B Law of Persons; Customary limitation; Jurisdiction of primary courts; Public policy – illegitimacy and prohibition on perpetrators of defilement/rape legalizing paternity; Nullity of out‑of‑time appeal.
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27 July 1989 |
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Victim identification plus recovered property corroboration upheld convictions; rape sentence increased to eight years, appeals otherwise dismissed.
Criminal law — Identification evidence — Visual identification by victim (lamplight) and voice identification by co‑occupants; corroboration by recovery of stolen property; validity and effect of an unequivocal guilty plea; appellate review of sentence — enhancement for gravity of rape.
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19 July 1989 |
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Alterations to payment vouchers and unexplained documentary discrepancies proved embezzlement; appeal dismissed.
* Criminal law – Theft/embezzlement – Alteration of payment vouchers and false entries – unexplained discrepancies between originals and office copies as evidence of fraud.
* Evidence – Documentary evidence and contemporaneous cash book entries – weight and sufficiency against implausible explanations.
* Criminal procedure – Recall of witness as court witness after defence – procedural irregularity but curable where no prejudice shown.
* Appeal – Acquittal on one count does not automatically vitiate convictions on other independent counts.
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19 July 1989 |
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Unreliable hotel bills and inconsistent evidence meant the prosecution failed to prove obtaining by false pretences beyond reasonable doubt.
Criminal law – Obtaining by false pretences – sufficiency of evidence; reliability of hotel bills and signatures; appellate intervention where conviction is unsafe.
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10 July 1989 |
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A conviction based on a single witness was upheld where daylight, prolonged observation and a physical struggle made identification reliable.
Criminal law – identification evidence – single-witness identification – cautionary rule – reliability where identification made in daylight after prolonged observation and physical struggle; attempted robbery – corroborative exhibits and injury evidence.
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3 July 1989 |
| June 1989 |
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Appeal against robbery convictions dismissed; identification and credibility upheld, alibi rejected for lack of statutory notice, sentence increased to 15 years.
Criminal law – robbery with violence – identification evidence at night – lamp lit and familiarity between parties – reliability of identification; Defence of alibi – requirement of prior notice under s.124(4)(5) CPA – failure to comply and inconsistent supporting evidence undermining alibi; Sentencing – armed robbery seriousness warrants enhanced custodial terms.
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29 June 1989 |
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Appellant failed to prove respondents’ cattle damaged his crops; identification and credibility evidence was inadequate.
Civil evidence — Identification of animals — Hoof‑print tracking and identification by colour — Insufficiency where kraal contains many cattle and witnesses rely on third party; credibility findings of trial court entitled to deference on appeal.
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24 June 1989 |
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Under Nyakyusa customary law the bull given as bridewealth, tied to bride's virginity, is not refundable on divorce.
Customary law – bridewealth – bull symbolising appreciation of chastity – payment conditional on bride's virginity – non‑refundable on divorce (Nyakyusa customary law).
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23 June 1989 |
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Where evidence is evenly balanced and no independent witness exists, the accused receives the benefit of doubt and conviction may be quashed.
Road traffic offences – reckless driving and causing bodily injury – conflicting accounts and absence of independent eyewitness – prosecution must prove guilt beyond reasonable doubt; sketch plan and vehicle damage insufficient to remove reasonable doubt.
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22 June 1989 |
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Appellate court increases rape sentence to reflect aggravated gravity where victim was appellant’s grandmother and quashes robbery conviction.
Rape — seriousness of offence — sentencing must reflect society's abhorrence; maximum penalty life imprisonment — increased sentence where victim was close family member; appellate adjustment of unduly lenient sentence; quashing of robbery conviction on appeal.
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20 June 1989 |