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Citation
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Judgment date
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| November 1980 |
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Appellant’s identification at scene plus unexplained passbook found there established participation in robbery; appeal dismissed.
* Criminal law – robbery with violence – sufficiency of proof that robbery occurred – identification at night aided by torchlight – circumstantial evidence (passbook found at scene) linking accused to crime – common design/joint liability (s.23 Penal Code) – appellate review of trial court’s credibility findings.
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18 November 1980 |
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Omnibus conviction and sentence is irregular but curable where evidence supports conviction and the statutory minimum sentence applies.
* Criminal law – Conviction and sentence – Omnibus conviction and omnibus sentence across multiple counts – Requirement to convict and sentence on each count separately – Curability under section 346 Criminal Procedure Code. * Evidence – Possession of stolen property shortly after theft, voluntary confession, attempts to escape, and accused's silence as supporting conviction. * Sentencing – Minimum Sentence Act 1972; effect of separate sentences when statutory minimum imposed.
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10 November 1980 |
| October 1980 |
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Tenant failed to prove advance payment or repairs; arrears and vacant possession order under Rent Restriction Act upheld.
* Rent law – order for vacant possession under s.19(1)(a) Rent Restriction Act – tenant in arrears. * Evidence – burden of proof on person asserting payment in advance; unsupported assertions insufficient. * Remedies – expenditure on repairs requires a counterclaim/set-off to be effective. * Relief – reasonableness of vacant possession order assessed on facts.
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27 October 1980 |
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Appellate court upheld cattle theft conviction and statutory minimum sentence, deferring to trial court’s credibility findings.
Criminal law – cattle theft – recent possession and identification of carcass/skin as evidence of theft; appellate review – deference to trial court credibility findings; sentence – application of statutory minimum under Minimum Sentences Act, 1972.
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27 October 1980 |
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Landlord failed to prove statutory grounds under the Rent Restriction Act to recover possession for alleged commercial use.
Rent Restriction Act s.19(1) – recovery of possession – need to prove tenant used dwelling for business without landlord’s consent – silence/acquiescence as potential consent – requirement to consider availability of alternative equivalent accommodation and overall reasonableness before ordering possession.
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27 October 1980 |
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Conviction for attempted arson upheld; sentence enhancement abandoned after appellant's release on presidential clemency.
Criminal law – Attempted arson – conviction sustained on unequivocal guilty plea and factual admissions; Sentence – manifestly inadequate sentence and attempted enhancement; Effect of presidential clemency – frustrates service of enhancement notice.
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15 October 1980 |
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Appellate court upheld cattle theft conviction and mandatory five-year sentence based on identification and the appellant's flight.
Criminal law – cattle theft – sufficiency of evidence; identification of stolen animal parts at butchery; flight on sight as corroborative conduct; Minimum Sentences Act 1972 – mandatory five-year sentence lawful and applicable.
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15 October 1980 |
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An appellate court upheld a hoarding conviction, finding the sentence reasonable and the forfeiture order valid despite no reasons being recorded.
* Criminal law – Hoarding – Sentence proportionality – Whether fine of Shs. 4,000 or 12 months was manifestly excessive given statutory maxima.
* Criminal law – Forfeiture – Exercise of judicial discretion – Validity where trial magistrate did not state reasons; presumption of judicial exercise absent contrary showing.
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14 October 1980 |
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Conviction for cattle theft quashed where prosecution failed to prove meat identity and appellant's uncontradicted alibi was ignored.
Criminal law – Theft of livestock – Proof beyond reasonable doubt – Identification of stolen property – Possession of suspected proceeds – Uncontradicted alibi and inadequate reasoning by trial magistrate – Appeal: conviction quashed.
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14 October 1980 |
| September 1980 |
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Under s.19(2) of the Rent Restriction Act the landlord must prove reasonableness and availability of alternative accommodation before eviction.
* Rent Restriction Act (Cap. 479) — s.19(1)(e)(i) & (ii) — landlord's right to recover possession for personal/family or commercial use — requirement of reasonably equivalent alternative accommodation.
* s.19(2) — burden of proof rests on landlord to show reasonableness and hardship if order refused.
* Eviction — comparative hardship — unsubstantiated assertions do not prove availability of alternative accommodation.
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23 September 1980 |
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The appellant’s appeal against conviction for unlawful overpricing is summarily dismissed for lack of merit.
Criminal appeal; Regulation of Price Act – unlawful overpricing; evaluation of trial evidence; sentence review; summary dismissal of meritless appeal.
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18 September 1980 |
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Aggregating multiple distinct thefts into one count prejudiced the accused; conviction quashed and sentence set aside.
* Criminal law – stealing by public servant – multiple distinct takings should be charged separately, not aggregated into a single count. * Criminal procedure – erroneous aggregation of offences into one count — prejudice where aggregation triggers enhanced statutory minimum sentence. * Remedy – conviction quashed and sentence set aside; retrial refused as unjust where accused already detained; civil recovery remains available to State.
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10 September 1980 |
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Appellants’ claim that evidence was planted failed; convictions affirmed and statutory minimum sentence upheld.
* Criminal law – Theft – possession and inference of common design where accused were seen together and one gave the item to the other.
* Evidence – credibility – defence of planted evidence by third parties must raise reasonable doubt to succeed.
* Sentencing – Minimum Sentences Act, 1972 – statutory minimum applicable where value exceeds Shs.100 and owner is a specified authority.
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10 September 1980 |
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Appeal dismissed: identification and circumstantial evidence supported cattle theft convictions; five-year sentences upheld.
Criminal law – Cattle theft – Sufficiency of identification and circumstantial evidence – Possession shortly after disappearance and inconsistent ownership claims – Sentencing: five years as statutory minimum for cattle theft.
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9 September 1980 |
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Conviction for defilement quashed where alleged corroboration was hearsay/misapplied and trial magistrate misdirected on burden of proof.
* Criminal law – Defilement (sex with girl under 14) – requirement of corroboration for child complainant – recent complaint vs corroboration; admissibility and weight of medical report (PF3); hearsay and probative value of third‑party statements; burden of proof and misdirection by trial court.
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9 September 1980 |
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Appeal challenges whether prosecution proved corrupt offering under s.3(2) and whether appellant’s accidental-drop defence created reasonable doubt.
Criminal law – Corruption – Offering money to a police officer – Elements of s.3(2) Prevention of Corruption Act – Proof of intent and credibility of witnesses – Admissibility and identification of exhibits.
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9 September 1980 |
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Convictions based on recent possession unsafe where ownership and dates were not proven beyond reasonable doubt.
Criminal law – housebreaking and stealing – doctrine of recent possession – requirement to prove ownership and timing of theft – inconsistent witness evidence and absence of trial findings undermining convictions.
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8 September 1980 |
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Possession of house‑breaking instruments proved; wrong statutory charges substituted with conviction under s.296(1) and concurrent sentence.
Criminal law – possession of house‑breaking instruments – burden to show lawful excuse; Incorrect statutory citation (ss.294(1), 265) – correct offence s.296(1) (breaking and committing felony) – substitution of conviction and concurrent sentence; disposal of exhibits.
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8 September 1980 |
| July 1980 |
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Bail denied where appeal lacked overwhelming prospects; conviction on alternative verdict and adverse inferences upheld, appeal admitted for hearing.
Bail pending appeal — test of overwhelming chances of success; burden of proof in defence (Evidence Act ss.112,114); adverse inference from failure to call witness; conviction on alternative verdict permissible (Criminal Procedure Code s.187(1); receiving stolen property — s.311 Penal Code).
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22 July 1980 |
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Victim's lamp‑lit identification upheld despite struck hearsay; appeal dismissed; value of stolen goods not proved.
* Criminal law – Burglary and stealing – Eyewitness identification – admissibility and weight of identification by a victim in light of struck hearsay.
* Evidence – Hearsay – inadmissibility of third‑hand accounts and striking of such evidence.
* Criminal procedure – Alibi – burden and assessment of credibility.
* Sentencing – Requirement to prove value of stolen goods where value affects prescribed sentence.
* Judicial duties – trial magistrate’s active role; prosecutor’s duty to prove particulars; police duty to investigate and charge appropriately.
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18 July 1980 |
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Conviction for possession of property suspected to be stolen upheld; bribery charge acquitted for lack of credible proof.
* Criminal law – possession of property suspected to be stolen – concealment on person and failure to explain possession; evidential inference of unlawful acquisition.
* Evidence – credibility and corroboration – weight of witness testimony and absence of fixed order for calling witnesses.
* Criminal law – corruption/bribery – acquittal where prosecution evidence contradictory and accused’s account believable.
* Sentence – fine with default imprisonment not manifestly excessive.
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1 July 1980 |
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Circumstantial evidence and witness credibility upheld convictions for obtaining goods by false pretences and stealing.
Criminal law — Circumstantial evidence; credibility of witnesses; chain of custody of keys; access to L.P.O. book; enabling/offences — s.22(b) Penal Code; convictions for obtaining goods by false pretences and stealing by servant upheld.
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1 July 1980 |
| June 1980 |
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The court upheld the appellant's cattle-theft conviction based on reliable night identification and circumstantial evidence.
* Criminal law – Theft of cattle – Identification at night by torchlight and immediate pursuit – whether identification safely established; * Criminal law – Asportation and completed theft – whether removing a slaughtered carcass constitutes theft; * Circumstantial evidence – inference of guilt from disappearance, slaughter, concealment and appellant’s conduct; * Appeal – standard of review of trial magistrate's findings on credibility and identification.
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24 June 1980 |
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Conviction for stealing employer’s gunny bags upheld; sentence reduced to three years.
Criminal law – theft of employer’s property – proof by oral testimony and documentary records – admission/confession produced – credibility findings – sentence under Minimum Sentence Act; reduction for first offender and absence of aggravation.
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23 June 1980 |
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Doctrine of recent possession upheld where the appellant was found attempting to sell the complainant’s missing bull.
* Criminal law – theft – cattle theft – doctrine of recent possession – sufficiency of evidence where accused found attempting to sell complainant’s animal shortly after disappearance.
* Evidence – number of witnesses and corroboration – no fixed requirement for number; complainant’s identification may suffice.
* Sentencing – statutory minimum term – appellate court will not disturb appropriate minimum sentence despite prior conviction.
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20 June 1980 |
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Regional posting confers jurisdiction; unsafe night identification and tainted parade rendered convictions unsustainable.
Criminal law – Identification evidence – single witness night identification – necessity for careful testing and corroboration; Identification parade – efficacy destroyed where witness had identified accused prior to parade; Jurisdiction – Resident Magistrate posted to region may validly preside over district courts in that region; Alibi – if plausible and corroborated may raise reasonable doubt rendering conviction unsafe; Conviction unsafe where no direct or circumstantial evidence sufficiently links accused to offence.
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18 June 1980 |
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Confession improperly admitted and circumstantial evidence insufficient to sustain convictions for forgery, theft and false accounting.
Evidence — confessions — admissibility of extra‑judicial statement; Evidence — hearsay/unsworn reports — admissibility of unsigned auditor’s report; Criminal law — forgery — sufficiency of circumstantial evidence to identify accused; Criminal law — theft by servant and fraudulent false accounting — need for physical stock verification and proof of intent.
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13 June 1980 |
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Agent convicted for stealing lottery proceeds; audit and conduct proved theft and intent, convictions and sentences upheld.
Criminal law – stealing by agent – evidence: audit report, issue notes, returns and receipts; admission – weight of confessional or written admission; inference of intent to permanently deprive despite later partial remittances; sentencing discretion – appellate interference only for misdirection or manifest excess; correction of arithmetical error in conviction amount.
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11 June 1980 |
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Trial court's misdirection requiring corroboration of the appellant's defence led to quashing conviction for receiving stolen property.
Criminal law – receiving stolen property; defence evidence – no general requirement for corroboration; misdirection by trial court; evaluation of prosecution evidence; adequacy of police investigation.
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11 June 1980 |
Criminal Practice and Procedure - Sentencing - Accused sentenced without first being convicted - Whether lawful. |
3 June 1980 |
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A sentence imposed before recording conviction is unlawful and will be quashed on appeal.
Criminal procedure – conviction is prerequisite to sentence – section 210 Criminal Procedure Code – sentence passed before conviction unlawful – belated conviction does not cure the error – curative provision (s.346) not applied – remedy: quash sentence.
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3 June 1980 |
| May 1980 |
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Appeal upheld in part: conviction sustained for proved missing funds, uncorroborated testimony rejected and sentence reduced.
Criminal law – Theft by servant – Evidence and corroboration – Uncorroborated interested witness – Handing-over documents and signature comparison – Appellate review and sentence reduction.
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28 May 1980 |
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Conviction for uttering a false invoice quashed due to contradictory identification and no evidence of instruction or common intention.
Criminal law – Uttering a false document – Identification evidence – Contradictory witness testimony – Common intention – Need for specific findings – Preparation versus execution of offence – Benefit of doubt to accused.
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27 May 1980 |
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Conviction for defilement upheld despite trial errors; accomplice/hostile spouse evidence rejected but independent corroboration sustained conviction.
Criminal law – Defilement and abduction under Penal Code; Evidence – spouse witness competency and compellability (prov. to s.130 Evidence Act); Accomplice and hostile witness – evidence requiring corroboration cannot corroborate; Corroboration by independent witness and medical evidence; Sentencing – procedural error curable where no miscarriage of justice.
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12 May 1980 |
| March 1980 |
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Application for out‑of‑time criminal appeal dismissed for lack of medical evidence and absence of any point of law.
* Criminal procedure – application for leave to appeal out of time – need to show sufficient cause and produce corroborating evidence for illness-related delay. * Appellate Jurisdiction Act 1979 s.5(7)(a) – appeals under Part X limited to matters of law, not facts. * Petition of appeal must disclose a point of law to justify leave to appeal.
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18 March 1980 |
| January 1980 |
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Standard of proof in election petitions is beyond reasonable doubt; proven irregularities did not affect the election result, petition dismissed.
Election law – Elections Act 1970 s.123(3) – Standard of proof in election petitions is proof beyond reasonable doubt; allegations of corrupt or illegal practice, undue influence, compromised secrecy, improper appointment of polling assistants and premature closure of polling stations – credibility of witnesses and quantification of affected votes determine whether non‑compliance affected result.
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1 January 1980 |
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Handwriting identification by a familiar witness and discrepancies in accounting records upheld convictions for fraudulent accounting and theft.
* Criminal law – Fraudulent false accounting (Penal Code s.317) and stealing by public servant (Penal Code ss.265, 270).
* Evidence – Handwriting identification admissible by a witness familiar with the writer (Evidence Act s.49).
* Proof – Discrepancies between accounting folios and cheque counterfoils; failure to explain missing originals permits adverse inference.
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1 January 1980 |