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19 judgments found.
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December 1992
Res judicata does not bar a land claim where a prior judgment concerned different parties and separate sub‑parcels; long possession prevailed.
Civil procedure — Res judicata — prior judgment between different parties does not bar subsequent suit by another occupier of a separate sub‑parcel within same larger holding
Evidence — assessment of credibility and historical occupation relevant to land disputes
Land law — possession and proof of gift from original owner — long occupation supports title/possession claim
8 December 1992
Appeal dismissed: enticement claim fails where plaintiff’s failure to maintain wife justified her leaving; lower magistrate erred in making unsupported factual finding.
Civil procedure — Procedure — Appellate review
— Magistrate’s factual finding without evidence
— obligation to invoke
Family law
— Enticement of spouse
— justification for spouse leaving matrimonial home (failure to maintain)
8 December 1992
Appeal against robbery-with-violence conviction dismissed where eyewitness identification and evidence of force were reliable.
Civil procedure — Appeal — Reappraisal of credibility — Appellate court will not interfere where trial court's findings are supported by evidence
Criminal law — Robbery with violence — Elements proved where money was forcibly taken and accused threatened victims with weapons (panga and iron rod)
Evidence — Identification
— no mistaken identity shown
— Reliability where appellant was known to witnesses and incident occurred in adequate light
8 December 1992
Convictions quashed where prosecution failed to prove knowledge of stolen property and failed to rebut an unchallenged alibi.
Criminal law — Receiving stolen property
Criminal procedure — Alibi
7 December 1992
Convictions quashed where prosecution failed to prove knowledge of stolen property and did not rebut the accused’s alibi.
Criminal law — Burglary — Insufficient evidence of knowledge of stolen property for receiving offence — Convictions unsafe and quashed
7 December 1992
Appeals allowed and convictions quashed due to insufficient evidence of knowledge of stolen property and an unchallenged alibi.
Civil procedure — Appeal — Convictions quashed where prosecution fails to prove essential elements or to challenge an uncontradicted alibi
Criminal law
— Burglary
— Evidence — receiving stolen property
7 December 1992
Application to readmit a Primary Court appeal struck out for being brought under the wrong procedural code.
Civil procedure — Appeals from Primary Courts
7 December 1992
Identification by witnesses under lamp light supported conviction for manslaughter; sentence reduced for mitigation.
Criminal law
— identification evidence — Recognition by witnesses
— Sentence — mitigation for first offender, time in custody, ill-health and dependants
— Unlawful killing — distinction between murder and manslaughter where killing occurs in the course of a spontaneous fight and under influence of alcohol
4 December 1992
November 1992
Whether buyer’s refusal to accept goods justified greater refund; court found buyer to blame and limited recovery to the deposit.
Civil procedure — Consent orders — recording of settlement in court
Contract law — Performance and breach — party who paid for goods proving entitlement to refund where goods not delivered
30 November 1992
Regional Housing Tribunal has exclusive jurisdiction over landlord‑tenant disputes; lower courts lacked jurisdiction.
Jurisdiction — District Land and Housing Tribunal — Whether Primary and District Courts had jurisdiction over landlord–tenant matters — Rent Restriction Act, 1984 vests exclusive jurisdiction in Regional Housing Tribunal
24 November 1992
Whether landlord–tenant disputes fall exclusively within the Regional Housing Tribunal's jurisdiction under the Rent Restriction Act 1984.
Civil procedure — Competence of lower courts — Primary and District Courts have no jurisdiction where statute confers exclusive jurisdiction on Regional Housing Tribunal
Civil procedure — remedy
— parties may proceed before the competent tribunal or court
— proceedings in courts lacking jurisdiction are quashed
Jurisdiction — Rent Restriction Act 1984 vests jurisdiction over landlord — tenant disputes in the Regional Housing Tribunal
Land law — Landlord and tenant law — dispute arising from lessee completing premises and seeking set-off of expenses against rent
24 November 1992
Appellant’s long acquiescence to respondent’s occupation and credible village evidence justified dismissal of the appeal.
Land law — ownership disputes — Effect of permissive occupation and delay in protest on title
Civil procedure — admission of additional evidence on appeal — application for additional evidence on appeal
Evidence — oral testimony as proof of acquisition of rural/village land — weight of oral testimony by village officials vs late-produced written handover
16 November 1992
Primary Court proceedings were quashed as a nullity for failing to follow mandatory rules on assessors’ consultation and judgment signing.
Criminal law — Magistrates’ courts (primary courts) (judgment of court) rules, 1987 — Role of assessors — Non‑compliance renders Primary Court proceedings a nullity — Order for hearing de novo
10 November 1992
June 1992
19 June 1992
18 June 1992
April 1992
10 April 1992
10 April 1992
9 April 1992
March 1992
Primary court's finding that respondent's cattle damaged appellant's crops was restored; appeal allowed and costs awarded.
Tort — Civil liability for damage by animals — suitability and sufficiency of oral testimony identifying ownership — appellate interference with primary findings of fact
10 March 1992