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Citation
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Judgment date
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| November 1982 |
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Oral sale disputed; inconsistent seller evidence and lack of receipts/ corroboration led to dismissal of recovery claim.
Sale of goods; oral contract; burden of proof; entries in seller's ledger; absence of receipts; credibility and corroboration; failure to call corroborating witnesses.
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9 November 1982 |
| October 1982 |
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Labour inspectors' convictions for soliciting and receiving bribes upheld on witness credibility, common intention, and appropriate minimum sentence.
* Corruption – solicitation and receipt of bribes by public officers; evidence of bank transactions and recovered cash. * Credibility of witnesses – trial judge’s advantage in seeing/hearing witnesses entitled to deference. * Accomplice rule – complainants who promptly reported the offence and acted as police decoys are not necessarily accomplices requiring corroboration. * Joint liability/common intention – inference from concerted conduct and observed transfers. * Sentencing – statutory minimum sentence appropriate for flagrant corruption by an officer in position of trust.
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20 October 1982 |
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A subordinate court cannot lawfully dismiss charges for want of prosecution where the public prosecutor or his representative is present.
* Criminal procedure – Dismissal for want of prosecution – Whether subordinate court may dismiss under s.198 Criminal Procedure Code where public prosecutor (or representative) is present – Precedent: D.P.P. v Kiaratu applied.
* Criminal procedure – Adjournments at prosecution's request – reasonableness and effect on right to fair and expeditious trial.
* Constitutional/ statutory limits – subordinate courts possess only powers conferred by statute.
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20 October 1982 |
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The appellant's convictions for fraudulent false accounting and theft by a public servant were upheld; appeal dismissed.
* Criminal law – Fraudulent false accounting – production of makeshift (shift) copies and non‑transmission of originals – inference of destruction and intent to defraud.
* Criminal law – Theft by public servant – failure to account for public revenue – conviction upheld.
* Evidence – Handwriting identification by a witness acquainted with the writer – admissible under Evidence Act s49; no need for expert evidence where witness is familiar.
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20 October 1982 |
| September 1982 |
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Criminal Practice and Procedure - Assessors - New set of assessors proceeding with a case commenced with other assessors- Whether court properly constituted. |
29 September 1982 |
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Appellate court upheld conviction for receiving stolen property based on unexplained possession and affirmed statutory minimum sentence.
* Criminal law – Receiving stolen property – conviction based on unexplained possession of identified stolen goods (serial number matching receipt).
* Evidence – credibility findings – appellate court will not lightly disturb trial court’s assessment of witness honesty.
* Evidence – recent possession – inference of guilt from unexplained possession of stolen property.
* Sentencing – Minimum Sentences Act – scheduled offence (burglary) attracts statutory minimum imprisonment.
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27 September 1982 |
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Non-parties cannot appeal; the District Court should use revision jurisdiction and may have erred refusing extension of time.
* Civil procedure – extension of time to appeal – discretionary power under Magistrates' Courts Act s.16(3)(a) – refusal may be injudicious where rights of non-parties are affected. * Locus standi – non-parties to original proceedings cannot appeal against that judgment. * Revision – District Court's power under Magistrates' Courts Act s.18(4) is appropriate remedy to correct anomalies in magistrates' judgments. * Res judicata – improper reopening of previously adjudicated matter is of no legal consequence but challengeable by revision.
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27 September 1982 |
| August 1982 |
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Civil Practice and Procedure - Jurisdiction - High Court District Registries -Suit instituted at Tanga Registry while the defendant resides, and the cause of action arose within the area of the Arusha Registry - High Court Registries Rules, 1961. Family Law - Customary Law - Marriage under customary law - Cohabitation and public admission of responsibility for pregnancy - Whether enough to constitute marriage under customary law - Law of Marriage Act, 1971. Torts - Damages - Child’s education cut short due to pregnancy - Whether the parent can claim damages. |
22 August 1982 |
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An employee’s implausible explanations and admissions, corroborated by recovered postal orders, sustain a theft conviction and three-year sentence.
Criminal law – theft of postal orders by postal employee; admission and corroboration; credibility of defence; evidential weight of missing book entries and stamp discrepancies; sentence appropriateness.
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17 August 1982 |
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Conviction for theft by servant upheld on circumstantial evidence; sentence reduced to statutory five-year minimum.
* Criminal law – Theft by servant – Circumstantial evidence – Sole custodian, keys and stock checks supporting inference of theft.
* Sentencing – Minimum Sentences Act – statutory five-year minimum applies where value exceeds threshold.
* Abuse of trust – aggravating factor considered but mitigated by first-offender status and value involved.
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7 August 1982 |
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Circumstantial proof of sole custody and missing stock sustained a stealing‑by‑servant conviction; sentence reduced to five years.
* Criminal law – Theft by servant – Circumstantial evidence – Sole custody, exclusive keys and absence of forcible entry may support inference of theft.
* Sentencing – Minimum Sentences Act – statutory five‑year minimum where value exceeds Shs 5,000; mitigation for first offender may justify reduction to statutory minimum.
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7 August 1982 |
| July 1982 |
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Purchaser with constructive notice of transfer may sue for arrears and possession; notice to quit need not end at calendar month and landlord must prove great hardship.
* Landlord and tenant – transfer of premises – purchaser entitled to sue in his own name if tenant had actual or constructive notice of transfer. * Notice to quit – form and timing – notice need not terminate only at month end and may be effective if certain in terms. * Rent Restriction Act s.19(2) – burden on landlord to prove great hardship if possession not granted; tenant need not prove ‘greater hardship’. * Arrears of rent and need for occupation – proper grounds for order for vacant possession when reasonable in all circumstances.
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5 July 1982 |
| June 1982 |
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Identification and recovery of stolen money upheld; conviction and minimum sentence affirmed and appeal dismissed.
Identification evidence – visual observation in broad daylight and prolonged opportunity to observe; recovery of stolen property as corroboration; conviction upheld; sentence confirmed as minimum under the Minimum Sentences Act 1972.
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9 June 1982 |
| May 1982 |
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Second accused upheld on identification and joint enterprise; fourth accused’s conviction quashed for lack of admissible evidence.
Criminal law – Attempted robbery – Identification evidence at night with artificial light; credibility of prosecution witnesses; joint enterprise (s.23 Penal Code); procedural irregularity where prosecutor failed to withdraw charges against escapees; harmless error doctrine; sentence enhancement for use of firearm requiring notice and opportunity to be heard.
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21 May 1982 |
| April 1982 |
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Convictions quashed where identification was inconsistent, partly hearsay, and improperly relied upon by the trial court.
Criminal law – Robbery with violence – Identification evidence; hearsay inadmissibility; discrepancies in eyewitness accounts; incomplete identification parade; unsafe conviction.
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23 April 1982 |
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A court cannot impose personal liability on a non‑party for a defunct society’s debts without proper joinder or legal basis.
Civil procedure – Personal liability – Trial court erred in imposing personal liability on a non-party for a defunct society’s debts; lack of documentary proof insufficient to convert society liabilities into personal liabilities; proper joinder of parties required when suing individuals for corporate or society debts.
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23 April 1982 |
Criminal Practice and Procedure – Charges – Defective charges – Charge citing wrong offence and wrong or non-existent provisions of the law – Effect.
Criminal Practice and Procedure – Pleas – Plea of guilty to a defective charge – Whether the plea is unequivocal. |
21 April 1982 |
Criminal Practice and Procedure – Reconciliation – Power of the court to order reconciliation in lieu of penalty – Whether court may order reconciliation in respect of a felony – Criminal Procedure Code, s. 134. |
21 April 1982 |
Criminal Practice and Procedure - Charges - Duplicity - Three D separate anddistinct offences charged in the same count - Charge badfor duplicity. Criminal Practice andProcedure - Trial - Naming the accusedpersons - Serial orderofidentifyingjointly accusedpersons - Serial order in thejudgment inconsistent with serial orderin the charge sheet - Effect ofthe inconsistency. |
14 April 1982 |
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Appellant’s inconsistent account and sole custody of keys supported conviction for theft by servant; sentence affirmed.
* Criminal law – Theft by servant – Elements: access and control of keys, absence of forced entry, and reasonable inference of guilt.
* Evidence – Credibility and inconsistencies: late reporting and false statements undermining defence.
* Sentencing – Abuse of position of trust and amount stolen relevant to sentence severity.
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14 April 1982 |
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Conviction quashed where defective charge and inconsistent identification of the appellant rendered the conviction unsafe.
* Criminal law – Defective charge – incorrect wording and wrong statutory citation – duplicity risk.
* Particulars of offence – improper joinder of distinct offences (resistance, assault, grievous harm) in one count.
* Identification and labelling of accused – inconsistent charge sheet, record and judgment rendering conviction unsafe.
* Procedure – duty of prosecutor to draft correct charges and duty of magistrates to scrutinise charges before arraignment.
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14 April 1982 |
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Appellant’s failure to account for payments for non-existent goods justified convictions for stealing by servant; appeal dismissed.
* Criminal law – Stealing by servant – Liability where employee supplies false delivery/labour details and receives payment but fails to account.
* Evidence – Documentary evidence (payment vouchers) and delivery records – discrepancy supports conviction.
* Proof – Inference from failure to account – denial rejected as insufficient explanation.
* Sentence – Statutory minimum imprisonment – appellate court will not reduce bare minimum sentence.
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14 April 1982 |
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Convictions for stealing by servant upheld where payment vouchers and delivery records showed overpayment for non-existent bags.
* Criminal law – stealing by servant and fraudulent false accounting – headman’s duty to account for payments – payment vouchers vs. delivery book – inference of theft from unexplained receipt of monies; sentence – statutory minimum upheld.
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12 April 1982 |
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Appeal concerning sufficiency of circumstantial evidence for burglary conviction and sentencing under the Minimum Sentences Act.
Criminal law – Breaking into a building and committing a felony – circumstantial evidence and recovery of stolen property from third party’s house; identification and reliability of witness testimony; application of Minimum Sentences Act (value threshold) to sentencing.
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8 April 1982 |
| March 1982 |
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Extension of time to file appeal granted where delay not entirely applicant's fault and appeal raises dispositive issues.
* Civil procedure – extension of time to file appeal – delay not entirely attributable to applicant – discretionary relief granted where proposed appeal raises potentially dispositive points; no order as to costs.
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26 March 1982 |
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Appellant's conviction and statutory three-year sentence for soliciting and receiving a bribe upheld on credibility and corroboration grounds.
Corruption — soliciting and receiving bribe — police sting with marked money — recovery of marked notes as corroboration — credibility findings of trial court — appellate interference — mandatory minimum sentence upheld.
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23 March 1982 |
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The applicant's conviction was unsafe due to misdirected rejection of alibi and unreliable single-witness night identification.
Criminal law – Attempted robbery – Single witness night-time identification – need for watertight or corroborated identification; Misapplication of standard for assessing alibi — judge must find reasonable probability, not subjective 'belief'; Minimum Sentences Act — prescribed minimum sentence for attempted robbery.
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19 March 1982 |
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Conviction quashed where prosecution failed to prove goods unlawfully obtained; receipt’s omissions were immaterial.
Criminal law – possession of property suspected to have been stolen or unlawfully obtained – burden on prosecution – admissibility and probative value of a cash sale receipt lacking seller details – failure to investigate and to summon seller – conviction based on inference.
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16 March 1982 |
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Conviction for giving false information quashed for lack of proof of falsity and knowledge; contempt conviction upheld.
* Criminal law – false information to public servant – proof required that information was false and accused knew or believed it false (s.122(b) Penal Code). * Evidentiary burden – failure to adduce written handing-over proof does not establish falsity. * Criminal procedure – contempt of court – procedure under s.114(1)(a) and Joseph Odhengo followed; refusal to answer forfeits right to complain.
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16 March 1982 |
Criminal Law - Rogue and vagabond - Being a rogue anda vagabond H c/s 177(2) ofthe Penal Code - Ingredients ofthe offence. Criminal Law - False information - Givingfalse information c/s 122 ofthe Penal Code - Ingredients ofthe offence. |
16 March 1982 |
| February 1982 |
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Failure to hoot or slow when view was obstructed constituted dangerous driving; conviction and sentence upheld.
* Road Traffic — Dangerous driving — Duty to hoot and reduce speed where view obstructed by a stationary vehicle; failure establishes negligence. * Sentencing — Fine and disqualification within statutory limits; not manifestly excessive given injury and negligence. * Procedure — Allegation of double punishment unproven where separate fine related to different offence.
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19 February 1982 |
| January 1982 |
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Appeal dismissed: respondent entitled to compensation for crops cultivated on the land; assessment unchallenged.
Land law – compensation for crops – cultivation by occupant or predecessor – trespass versus lawful cultivation; absence of challenge to assessment – appeal dismissed with costs.
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29 January 1982 |
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Reported
Civil Practice and Procedure — Dismissal of a suit in default of appearance on date of mention — Application for restoration of the suit should be made.
Damages — Award of damages in excess of the sum claimed in the plaint — Whether proper Tort — Vicarious liability — Wrongful conduct of employee — Wrongful and unauthorised mode of doing some act authorised by the master — Employer liable. |
1 January 1982 |