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Citation
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Judgment date
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| November 1983 |
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4 November 1983 |
Criminal Practice and Procedure - Charges - Accused charged with dangerous driving and causing death through dangerous driving - Counts not preferred in the alternative - Illegal.
Road Traffic - Evidence - Evaluation of - No evidence that appellant departed from the standard of driving expected of a reasonably prudent driver.
Evidence - Evaluation of - No evidence that appellant departed from the standard of driving expected of a reasonably prudent driver. |
3 November 1983 |
| October 1983 |
|
Civil Practice and Procedure - Parties to suitforrecovery ofland B belonging to Ujamaa village - Whether individual can sue - R. J5(1) Magistrates’ Courts (Civil Procedure in Primary Courts) Rules G.N. 310 of 1964. Civil Practice and Procedure - Parties to suits - Suit filed by wrong party - Effect of- Magistrates’ Courts Act, Cap. 537 s.32(1). Civil Practice and Procedure - Parties - Joinder of- Land sold - Whether the buyers should be joined as a necessary party defendant - Effect of non-joinder. Civil Practice and Procedure - Pleading -Time when cause of action arose - Whether necessary to plead. |
6 October 1983 |
| September 1983 |
|
Criminal Practice and Procedure – Charges – Charge and statement of facts not disclosing any offence – Whether conviction proper.
Criminal Practice and Procedure – Appeal – Trial court errors not raised by appellant due to ignorance – Power of appellate court. |
23 September 1983 |
| August 1983 |
|
Torts - Defamation - Allegations of witchcraft uttered before villagers who believe in witchcraft - Whether defamatory. Torts - Defamation - Slander - Allegations of killing by witchcraft and possessing instruments of witchcraft - Whether actionable per se. Torts - Damages - Amount prayed for without showing any special damage suffered - General damages. |
22 August 1983 |
|
Earlier short‑term occupancy prevails unless lawfully revoked; Master Plans do not extinguish rights without statutory publication.
Land law – right of occupancy – priority of rights: earlier right in time prevails; termination requires statutory revocation, surrender or acquisition. Town and Country Planning – Master Plan/scheme does not extinguish existing property rights absent statutory procedures and Gazette publication. Administrative act of granting new right without revocation of prior right cannot lawfully deprive earlier occupier.
|
22 August 1983 |
| May 1983 |
|
Criminal practice and Procedure - Hearing - Case disposed of in F the absence of the accused - No evidence that accused absconded deliberately - Whether conviction proper and just - Criminal Procedure Code, s. 202A [now s. 227 of the Criminal Procedure Act, 1985] |
26 May 1983 |
Criminal Practice and Procedure - Alternative verdicts - Accused F charged with housebreaking but convicted ofmalicious damage to property - Whether conviction is proper- Criminal Procedure Code, ss. 181 - 188. |
11 May 1983 |
| March 1983 |
|
Criminal Practice and Procedure – Assault causing grievous harm – Three complainants injured in the same assault – Whether constituting one or three separate offences. |
7 March 1983 |
| February 1983 |
|
|
Evidence warranted conviction for receiving stolen property; robbery convictions substituted and eight-year sentences confirmed.
Criminal law – Robbery with violence – Identification of stolen firearm – Doctrine of recent possession – When recent possession supports inference of guilt – Alternative verdict of receiving stolen property – Minimum Sentences Act (sentence confirmation).
|
4 February 1983 |
| January 1983 |
|
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Complainant’s credible evidence and medical/village corroboration upheld conviction and sentence for rape; appeal dismissed.
* Criminal law – Rape – Evidence – Complainant’s testimony corroborated by medical report and village witnesses – Credibility and consistency – Consent raised as defence but disproved by circumstances and injuries.
|
31 January 1983 |
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31 January 1983 |
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Appellate court affirmed robbery conviction, finding eyewitness evidence credible and sentence appropriate under the Minimum Sentences Act.
Criminal law – Robbery (s.285 Penal Code) – Eyewitness credibility; appellate deference to trial findings; partial recovery of stolen property does not absolve robbery; Minimum Sentences Act 1972 – mandatory minimum penalty.
|
26 January 1983 |
|
Conviction quashed where child-witness identification at night in rain, without recorded s127(2) finding, was unsafe.
Criminal law — Identification evidence — Child witnesses — Evidence Act s127(2) duty to record opinion — Night-time identification in rain — Unsafe conviction — Conviction quashed.
|
26 January 1983 |
|
Appellant's cattle-theft conviction upheld; co-accused's conviction quashed on revision for lack of mens rea.
Criminal law – Cattle theft – Credibility of witnesses and mens rea – Sufficiency of evidence to convict herdsman – Revisionary power to quash conviction of non-appealing co-accused.
|
26 January 1983 |
|
Appeal challenges sufficiency of evidence and imposition of minimum sentence in cattle-theft conviction.
* Criminal law – Cattle theft – proof of dishonest taking and possession – role of circumstantial evidence and possession of stolen animals.
* Evidence – identification and provenance of livestock – reliance on witness testimony of possession and alleged purchaser.
* Sentencing – application of statutory minimum sentence (Minimum Sentences Act 1972) for cattle theft.
|
26 January 1983 |
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Trial magistrate misdirected on burden; conviction for wrongful confinement quashed for insufficient prosecution evidence.
Criminal law – wrongful confinement (s.253 Penal Code) – burden of proof – prosecution must prove guilt beyond reasonable doubt – improper shifting of burden by trial magistrate – role and lawful acts of Primary Court messengers/peace officers – conviction quashed for insufficient evidence.
|
24 January 1983 |
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Applicant failed to show good cause for late appeal; conviction supported by strong identification and appeal bound to fail.
* Criminal procedure — application for leave to appeal out of time — requirement to show "good cause" to extend time. * Criminal law — cattle theft — identification by owner, branded marks, sale with market receipt and corroborating witnesses. * Appeal procedure — summary rejection under section 317 Criminal Procedure Code where appeal lacks merit. * Sentencing — mandatory minimum sentence applied for scheduled offence.
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24 January 1983 |
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1 January 1983 |