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Citation
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Judgment date
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| November 1980 |
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The appellant personally participated in unlawful seizures of the respondent’s cattle and is liable for loss of certain animals; milk-loss claim failed.
Property/tort — Unlawful seizure — Identification of stolen property does not entitle a private party to confiscate an entire herd; seizure without judicial process may attract liability for subsequent loss. Evidence — Role and capacity — Whether a person acted in official capacity when assisting police affects personal liability. Damages — Claim for consequential losses (milk sales) requires evidence of production and loss.
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29 November 1980 |
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Custodian of entrusted cattle not liable for loss absent clear evidence of wrongdoing; appeal dismissed with costs.
Property law — Bailment/custody of livestock — Liability for loss — Custodian not liable absent clear evidence of wrongdoing; ordinary risk of loss remains with owner.
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28 November 1980 |
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Refund of bride price ends marital claims; spouse cannot be forced to cohabit; grandmother not liable for children's custody.
Customary marriage – refund of bride price – effect of bride-price restitution on marital status; Family law – right to cohabitation – whether spouse can be compelled to live with husband; Custody – legitimacy and entitlement to children; Proper parties – whether grandmother may be sued for return of grandchildren.
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27 November 1980 |
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Appellant's claim for household effects and cows failed for lack of evidence and contradictory testimony; appeal dismissed with costs.
Property claims after dissolution of marriage – burden of proof in actions for return of household effects and livestock – appellate review of credibility and contradictory testimony – Primary Court award overturned for lack of evidence.
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27 November 1980 |
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An appellate court must not overturn trial-court credibility findings without clear, intelligible reasons; Primary Court judgment restored.
Evidence — credibility of oral witnesses; appellate review — reluctance to disturb trial court’s findings on primary facts without clear, intelligible reasons; lost/entrusted property dispute (cattle) and lapse of time.
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26 November 1980 |
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Appellate court found adultery proved, reduced excessive damages to five cattle, and dismissed the appeal with costs.
* Family law – adultery – civil proof on balance of probabilities – evidence of neighbours and alleged adulteress corroborating apprehension and confiscation of effects.
* Appellate review – perverse/unreasonable findings of fact – setting aside Primary Court's unanimous but unsupported conclusion.
* Damages – assessment of quantum for adultery measured in heads of cattle – reduction of excessive award to customary range.
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25 November 1980 |
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Appellant's evidence was more credible; respondent failed to prove ownership or that appellant demolished the house, so appeal allowed.
Property dispute – proof of ownership – witnesses must identify specific property; evidence on demolition – necessity of calling direct witnesses; assessment of credibility – appellate interference where findings unsupported by evidence; costs on appeal.
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24 November 1980 |
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A long marriage producing children reduces entitlement to full refund of bride price even if the wife was at fault.
Customary marriage — bride price refund — effect of duration of marriage and children on restitution — apportionment of bride price on marital breakdown — appellate review of amount awarded.
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19 November 1980 |
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A partial refund of bride price was upheld where the marriage lasted years and produced children; appeal dismissed.
* Customary law – bride price (lobola) – refund where marriage breaks down – circumstances (duration of marriage and children) may justify partial refund rather than full restitution.
* Appellate review – quantum of equitable reduction – appellate court will not interfere where trial court's reduction is reasonable and without error.
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19 November 1980 |
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The appellant was held liable for cattle trespass; witness evidence and a recorded admission upheld, damages upheld despite lack of expert testimony.
* Tort — cattle trespass — identification of trespassing animals and owner liability; hearsay and admissibility of written damage assessments; quantification of agricultural loss without expert testimony; assessment of witness credibility and effect of alleged admissions.
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18 November 1980 |
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Cohabitation creates a rebuttable presumption of marriage; young children remain with mother until age seven.
Law of Marriage Act s.160(1)-(2) – Presumption of marriage from cohabitation and reputation – Presumption rebuttable by subsequent open marriage – National law prevails over customary law – Custody: welfare of the child, age under seven favors mother – Right to apply for maintenance and custody.
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14 November 1980 |
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Reported
Family Law — Presumption of marriage — Living together for four years under the same roof— Reputation of being man and wife — s. 160(1) ofthe Law of Marriage Act, 1971.
Family Law — Rebuttal of presumption of marriage — Custody of children after rebuttal of presumption of marriage — s. 160(2) ofthe Law ofMarriage Act, 1971.
Family Law — Custody of children below the age ofseven — Welfare principle. |
14 November 1980 |
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The appellant wrongfully attached the respondent’s cattle; attachment invalid and appeal dismissed.
Civil procedure – Attachment – Warrant of attachment – Wrongful attachment of third‑party property – Judgment creditor’s powers – Attachment set aside by Primary and District Courts.
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13 November 1980 |
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A dissolution petition without a Marriage Conciliatory Board certificate is incompetent and must be quashed.
Marriage law – Requirement to refer matrimonial disputes to a statutorily constituted Marriage Conciliatory Board; Procedural jurisdiction – absence of conciliatory board certificate renders petition incompetent and proceedings null and void; Administrative law – Magistrate has no power to treat a family elder or one‑man consultation as a valid conciliatory board; Evidence – no proof of exemption under section 101(f).
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13 November 1980 |
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Court may order partial refund of bride price despite children when the wife is wholly to blame.
* Customary law/family law – bride price (dowry) – refund on breakdown of marriage – interpretation of Rules 52A, 52B and discretionary power under Rule 54 to order refund despite birth of children. * Apportionment of blame – application of Rules 58–60 when determining refund amount. * Procedural appellate review – misinterpretation of statutory/regulatory provision as absolute where discretion exists.
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11 November 1980 |
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Children born to a wife after desertion and fathered by another man are illegitimate and belong to their mother.
* Customary law – Rule 175 – legitimacy of children – Rule applies to children born in wedlock, not to children fathered by another man. * Customary law – bride-wealth – payment as evidence of marriage, not as legitimation of children fathered by others. * Family law – custody – illegitimate children belong to their mother; only child actually born in wedlock belongs to father.
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7 November 1980 |
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Trial courts must determine fault for marital breakdown in bride-price refund claims; assessors’ majority decision cannot be overridden.
* Family law – bride‑price – refund on dissolution of marriage – trial court must determine responsibility for breakdown of marriage when awarding refund.
* Civil procedure – Primary Court assessors’ majority finding – presiding magistrate cannot override majority decision of assessors.
* Appeal – District Court restoration of assessors’ majority decision affirmed.
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6 November 1980 |
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Delayed adultery claim denied; statutory law supersedes customary bride-price/refund and inheritance rules.
Customary law v statute – Marriage and inheritance (levirate) rights; bride-price refund prohibited by Customary Law (Declaration) Order 1963 (Rule 62); widow’s right to be inherited depends on free choice (Rule 64); Law of Marriage Act 1971 – death terminates marriage; delay/laches in adultery damages claims.
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5 November 1980 |
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Successor is not automatically liable to refund a bride price paid to the deceased solely because they inherited the deceased’s property.
Customary law/succession – bride price repayment – whether successor to deceased’s property is liable to refund bride price paid to deceased – duty to refund lies with persons occupying deceased’s place, not automatic on successor.
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4 November 1980 |
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Appellate court upheld finding of adultery based on independent witness testimony and dismissed the appellant's appeal with costs.
* Family law – adultery – proof of adultery by circumstantial and eyewitness evidence – credibility assessments.* Civil procedure – appellate review – Primary Court's failure to appreciate independent witness evidence – reversal justified.* Damages – award for adultery affirmed by appellate court.
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4 November 1980 |
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Claim for cattle fails where only uncorroborated, unreliable witness evidence supports delivery assertion.
Evidence — credibility and sufficiency of single witness — bailment/delivery of cattle for safekeeping — need for corroboration or written agreement.
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3 November 1980 |
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A reclaim action for entrusted cattle is not time‑barred, but fails where the claimant cannot conclusively identify the specific animal.
Property recovery – entrusted cattle – claim to reclaim specific animal – not a debt action and not time‑barred; evidentiary burden to identify and prove ownership of specific livestock; where identification evidence is inconclusive and competing claims are equally balanced, claimant fails.
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3 November 1980 |
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Appeal dismissed where objection was time‑barred and customary clan liability linked the appellant to the debt.
Property seizure in satisfaction of debt; customary law – clan liability; prescription/time‑bar; late objection proceedings; appeal dismissed.
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3 November 1980 |
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3 November 1980 |
| October 1980 |
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Guardian may not retain or deduct estate property for maintenance without evidence of expenditure on heirs.
Guardianship — entitlement to compensation from deceased's estate — burden of proof for deductions; succession — distribution of property to minor children upon reaching majority; evidence — necessity of proof to justify retention of estate assets by guardian.
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29 October 1980 |
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Claimant who refused maintenance and denied paternity cannot later recover unreliably-proved child expenses.
* Family law – maintenance obligations – father’s statutory duty to maintain children (s.129 Law of Marriage Act) – proof of claimed maintenance expenditures – effect of recipient’s refusal of maintenance and denial of paternity – equitable bar to reimbursement when claimant prevented maintenance and voluntarily bore costs.
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28 October 1980 |
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Appellant proved planting and uprooting but failed to prove respondents were responsible; appeal dismissed with costs.
* Civil procedure – second appeal – evaluation of trial court’s site inspection conducted long after the event. * Evidence – burden and standard (balance of probabilities) in civil claims for conversion/trespass to crops. * Credibility – weight of eyewitness testimony versus delayed physical inspection. * Failure to procure contemporaneous witnesses weakens a claimant’s case.
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27 October 1980 |
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A marriage prohibited by statute is void and claims to recover bride price from that illegal marriage are unenforceable.
* Family law – validity of marriage – customary uncle–niece marriage prohibited by statute – Law of Marriage Act s.14(1) renders such marriages void and unenforceable. * Restitution – refund of bride price – claim requires dissolution by competent court; cannot be enforced where underlying marriage is illegal. * Civil procedure – courts must not enforce or give effect to unlawful contracts or actions; lower courts’ awards based on illegal marriage quashed.
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27 October 1980 |
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Primary Court's dismissal for lack of credible evidence restored; District Court reversal set aside; appellant awarded costs.
Civil procedure; burden of proof and credibility in factual disputes; evidential requirement of permits for moving cattle; appellate review of factual findings—lower court reversal unsupported by record.
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24 October 1980 |
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Husband’s claim for refund of bride price after wife died in childbirth in his custody was dismissed; no refund payable.
* Customary law — bride price — refund where wife dies childless; exception where death occurs in husband’s custody during childbirth. * Application of Rule 80A of the Law of Persons to customary-law bride-price refunds. * Evidentiary and credibility issues as to cause of death and paternity.
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23 October 1980 |
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Appellate court dismissed appeal, finding overwhelming evidence of adultery and affirming compensation order.
Family law – adultery – sufficiency of evidence – appellate review of perverse findings; admission, eyewitness evidence and physical exhibit supporting compensation claim.
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23 October 1980 |
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21 October 1980 |
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Application for appeal out of time denied because the intended appeal lacked merit; dismissal with costs.
Appeal—application for extension of time to appeal; extension contingent on plausible delay and arguable merit; appellate deference to lower courts’ factual findings and credibility assessments; sufficiency of evidence to prove loss or death of entrusted property.
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21 October 1980 |
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An appellant’s admission in the lower court bars later challenges to that record and defeats the appeal.
* Matrimonial law – refund of bride price – effect of admission in lower court; * Civil procedure – judgment entered on admission – appellate limitation on disputing lower court record; * Appeal – meritlessness of appeal where appellant admitted claim.
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21 October 1980 |
| September 1980 |
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Wife's desertion and misconduct justified partial refund of bridewealth; trial court award restored.
Customary marriage — refund of bridewealth on breakdown of marriage — allocation of blame — effect of desertion and misconduct (prostitution) — mitigating factors: duration of cohabitation and children in reducing refund.
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25 September 1980 |
| June 1980 |
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A two-year marriage did not justify halving bridewealth; appellant must refund 25 cattle and one goat.
* Family law – Bridewealth – Refund on divorce – Short-duration marriage (two years) and youth of bride insufficient to justify halving bridewealth; appellate court upholds refund of 25 cattle and one goat.
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19 June 1980 |
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Appeal dismissed — lower courts properly considered matrimonial life; respondent entitled to awarded livestock refund.
Matrimonial property — Division of livestock after divorce — Whether courts considered matrimonial life when awarding refund — Appeal against award — Reasonableness of refusing any refund.
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19 June 1980 |
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Partial refund of bridewealth ordered on divorce where long cohabitation and children make full restitution inappropriate.
Customary law — bridewealth restitution on divorce — factors: duration of cohabitation and existence of children — appellate review of reversal by District Court.
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18 June 1980 |
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Imputing criminal conduct is actionable per se; the appellant's denial rejected and appeal dismissed.
* Defamation – Publication imputing a criminal offence (arson) – actionable per se; no need for proof of special damages. * Civil burden of proof – balance of probabilities; plaintiff must present facts tilting the scale in his favour. * Inference from evidence – court may infer identity of publisher from circumstances and witness testimony. * Damages – award of Shs. 8,000 upheld as not excessive.
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14 June 1980 |
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Civil damages for assault reduced where victim initially provoked attack and injuries caused only short-term pain.
Assault — Civil damages for assault — Effect of parallel criminal findings — Provocation and comparative blame — Quantum of damages for transient injuries.
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11 June 1980 |
| January 1980 |
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Primary Court lacked jurisdiction over a Shs.3,044 contract claim; proceedings were nullities and judgments quashed.
Civil procedure – jurisdiction – pecuniary jurisdiction of Urban Primary Court – claim in contract exceeding Shs.1,000 – proceedings in a court without jurisdiction are nullities – appellate court must address jurisdictional objections.
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8 January 1980 |