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Citation
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Judgment date
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| November 1982 |
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Appellate court restores Primary Court divorce judgment, finds respondent at fault and orders return of 29 cattle plus costs.
Divorce — Fault in marriage — Determination of guilty party; Matrimonial consequences — Return of property (livestock) as part of decretal relief; Appellate review — Quashing lower court order and restoring Primary Court judgment where factual findings are reasonable.
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23 November 1982 |
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An ineffective divorce renders subsequent marriages void and dowry recoverable; no claim for adultery or enticement.
* Family law – validity of divorce – ex parte divorce set aside where contravenes statutory requirements (s.101 Marriage Act).
* Family law – void marriages – marriages contracted after an ineffective divorce are null and void ab initio.
* Restitution – dowry paid in respect of a void marriage is recoverable by the payer.
* Civil procedure – jurisdiction and cause of action – Primary Court erred in entertaining a suit lacking a recognised cause of action; setting aside ex parte judgments must be pursued by proper application in the original case.
* Remedies – no claim for adultery or enticement where the alleged marriage was void from the outset.
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18 November 1982 |
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Returning dowry does not dissolve a marriage; enticement of a still-married spouse attracts damages of eight cattle.
Customary marriage – dowry – return of dowry does not dissolve marriage – necessity of formal divorce under the Marriage Act; Enticement of spouse – liability for damages; Appellate review – correction of an incomprehensible lower court judgment and restoration of Primary Court award.
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18 November 1982 |
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Failure to frame and try material issues, including cruelty and damages, vitiated the trial; retrial ordered.
Civil procedure – framing of issues – material facts pleaded in plaint or defence require issues and trial; omission may vitiate judgment; Marriage Act s.73(2) (cruelty) as a defence; Marriage Act s.74 (custom relevant to general damages); proof required for special damages (transport, board and lodging).
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17 November 1982 |
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On dissolution, courts may reduce bridewealth returns by applying customary-law rules considering children, guilt and marriage duration.
* Customary law – bridewealth (dowry) – proof of quantum – balance of probabilities; effect of credible evidence on number claimed. * Family law – dissolution of marriage – culpability for breakdown; relevance of divorce finding to property return. * Customary law paras. 52(B), 54, 55 – effect of children (alive or dead) on bridewealth return; court’s discretion to vary returns considering degree of guilt and length of marriage. * Appeal – appellate interference limited where lower-court factual findings unchallenged.
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16 November 1982 |
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The court reduced the respondent's dowry refund to four cattle, considering mistreatment, long marriage and children.
Family law – Dowry/bridal-wealth refund – Applicability of Law of Persons sections 52(B), 55 and 57 – Factors: ill-treatment causing divorce, duration of marriage, children born, and remarriage – Quantum of refund adjusted to token amount.
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16 November 1982 |
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Appellate court quashed the District Court’s reduction and reinstated the Primary Court’s 4,000 shillings award; appeal dismissed.
Appeal — damages — whether District Court justified in reducing Primary Court’s award — appellate court quashes reduction and reinstates 4,000 shilling award.
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15 November 1982 |
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Eyewitness and post‑mortem evidence plus the accused’s flight established malice aforethought; convicted of murder and sentenced to death.
Criminal law – Murder – Eyewitness and post‑mortem evidence – Rejection of accident, self‑defence and provocation where flight and conduct undermine defence – Malice aforethought inferred from nature of injury and post‑offence conduct.
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15 November 1982 |
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12 November 1982 |
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Appellate court restores 1,000/= damages for breach of transport contract; reduction and cross-allocation by District Court overturned.
Contract law – breach of verbal agreement to transport goods – assessment of damages; appellate review of damages reduction and improper allocation to separate suit.
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12 November 1982 |
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12 November 1982 |
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Childless widow entitled to statutory share under paragraph 77; demolition and removal of house materials must be remedied.
Inheritance law – Personal Law (GN 436/63) – paragraph 77 governs childless widow’s share; calculation of statutory share by years of marriage; entitlement to use and restitution of matrimonial house and materials; appeal dismissed.
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11 November 1982 |
| October 1982 |
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Malice aforethought not proved; intoxication and provocation did not negate intent, conviction reduced to manslaughter and nine years’ imprisonment.
Criminal law – murder v. manslaughter – whether malice aforethought proved beyond reasonable doubt; voluntary intoxication and capacity to form specific intent; provocation as a partial defence; identification and cause of death established.
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30 October 1982 |
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Intoxication raised reasonable doubt as to specific intent for murder; conviction reduced to manslaughter and 14 years imprisonment.
Criminal law – Homicide – Identification and dying declaration – Admissibility and reliability; Voluntary intoxication – effect on specific intent for murder; burden of proof for intoxication (defence on balance of probabilities) versus prosecution's burden to disprove lack of intent beyond reasonable doubt; Conviction reduced to manslaughter; Sentence as deterrent.
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29 October 1982 |
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Non‑return of dowry does not invalidate marriage; petitioner must refer dispute to Conciliatory Board before filing for divorce.
* Marriage law – validity of marriage – Section 41(a) Marriage Act – non‑compliance with customs/dowry does not invalidate marriage.
* Divorce procedure – requirement to refer dispute to Conciliatory Board – Section 101 – mandatory pre‑litigation step.
* Judicial conduct – impermissible reliance on external letters and failure to apply statutory law – quashing of trial court order.
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28 October 1982 |
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Appeal dismissed where evidence established desertion and mental cruelty; custody matters to be decided by trial court.
Divorce law – grounds – desertion and mental cruelty; Evidence – findings on balance of probabilities; Appeal – complaint of being prevented from calling witnesses; Custody – trial court to hear applications for custody and maintenance; Right of appeal against subsequent custody orders.
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28 October 1982 |
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Applicant's allegations of cruelty and non‑maintenance failed for lack of corroborative witnesses, medical proof, and income evidence.
Matrimonial law – Divorce – Grounds of cruelty and failure to maintain – Evidentiary requirements: need for corroborative witness testimony or medical evidence for allegations of physical cruelty; need to prove spouse's income and link to standard of living for maintenance claims.
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26 October 1982 |
| March 1982 |
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Circumstantial evidence that excludes reasonable innocence can sustain a conviction for theft from the person.
* Criminal law – stealing from the person – conviction based on circumstantial evidence – whether circumstantial facts exclude reasonable hypothesis of innocence. * Evidence – circumstantial evidence may prove guilt where consistent only with guilt and inconsistent with innocence. * Standard of proof – beyond reasonable doubt required in criminal cases.
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2 March 1982 |