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160 judgments found.
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December 1995
State held vicariously liable for soldiers’ seizure of vehicle; plaintiff awarded value, loss of earnings, interest and costs.
Tort
— Detinue — Seizure of civilian vehicle by soldiers — Recovery of vehicle or market value at judgment
— Vicarious liability — State liability for soldiers’ acts during military operations — Master‑servant relationship and presumption of course of employment
— Exemplary damages — Criteria for award: oppressive/high‑handed conduct or profit‑motivation; discretionary refusal where absent
22 December 1995
A court, not the accused, must impose penalties within statutory limits; unlawful excess fines must be refunded.
Criminal law — Sentencing — Statutory limits on fines and imprisonment — Court’s discretion to choose penalty within statute; accused may not be given choice — Illegal sentence; refund of excess fine.
19 December 1995
Sentence allowing the accused to choose between imprisonment and an excessive fine was illegal and substituted with statutory penalties.
Traffic and Road Safety Act — sentencing limits — illegality of vesting choice of penalty in accused; Magistrates Courts Act s189(2) — inapplicability where offence‑creating statute prescribes imprisonment or fine; substitution of illegal sentence; refund and release
19 December 1995
Magistrate’s imposition of fines exceeding statutory maxima and allowing accused to choose sentence was illegal and substituted with lawful penalties.
Criminal procedure — guilty pleas and clarity of record; sentencing — limits prescribed by offence-creating statute; section 189(2) MCA 1970 inapplicable where statute provides alternative fine; illegal sentence substituted; refund and release ordered.
19 December 1995
Magistrate’s sentence giving accused choice of excessive fine was illegal; substituted lawful sentence and ordered refund.
Criminal law — Sentencing — When statute prescribes penal limits the court must impose sentence within those limits; accused cannot be given election of penalty — Excess fines paid under unlawful sentences refundable.
19 December 1995
High Court revises illegal sentence not compliant with TRSA '70, orders fine reduction and refund of excess amount.
Criminal Law — Sentencing — Legality of Sentence — Offence under section 113(1)(a) of TRSA '70 — Compliance with statutory penalty provisions.
19 December 1995
Court set aside an illegal sentence exceeding statutory penalty, substituted a lawful sentence and ordered refund of excess fine.
Sentencing — legality of sentence — compliance with statutory penalty limits — revision to set aside illegal sentence and substitute lawful sentence — refund of excess fine.
19 December 1995
19 December 1995
Sentence exceeding statutory maximum held illegal; court substituted lawful sentence and ordered refund of excess fine.
Criminal law — Sentencing — Illegality where sentence exceeds statutory maximum — Revision — Substitution of lawful sentence and refund of excess fine.
19 December 1995
Sentence exceeding statutory maximum was illegal; court substituted a lawful sentence and ordered refund of excess fine.
Criminal revision — Illegal sentence — Sentence exceeding statutory maximum — Power to set aside and substitute sentence on revision — Refund of excess fine.
19 December 1995
Equivocal guilty plea and unlawful option sentencing led to quashed convictions and ordered retrial.
Criminal law — guilty plea must be unequivocal; allocutus asserting non-drivership requires plea change to not guilty and full trial — Sentencing — court must apply statutory penalty; cannot give accused option contrary to statute — Section 189(2) limited to offences where no fine is prescribed.
19 December 1995
19 December 1995
A sentence imposed in breach of the statute was illegal; court substituted lawful penalty and ordered refund of excess fine.
Criminal law — Sentencing — Illegality of sentence that does not comply with statutory prescription — Revisional jurisdiction to set aside and substitute lawful sentence — Refund of excess fine paid.
18 December 1995
18 December 1995
Court set aside excessive fine and optionary sentence, substituting statutory fine and ordering refund of the excess.
Criminal law — Sentencing — Validity of optionary sentences — Whether court may permit accused to choose imprisonment or fine; Statutory limits on fines — Specific offence provisions override general sentencing powers (s.113(1)(a) TRSA 1970; s.189(2) MCA).
18 December 1995
A court must impose penalties within statutory limits and may not permit the accused to choose between imprisonment and an excessive fine.
Criminal law — Sentencing — Limits set by offence‑creating statute — Court must impose penalty within statutory range; cannot delegate choice to accused — Section 189(2) MCA cannot be used to exceed statutory maximum fine.
18 December 1995
18 December 1995
18 December 1995
On revision the court set aside an illegal sentence for unlicensed passenger carriage, substituted a lawful fine, and ordered refund of excess.
Criminal law — Sentencing — Illegal sentence due to non-compliance with statutory provision — Revision to set aside and substitute lawful sentence — Refund of excess fine.
18 December 1995
Default imprisonment exceeding statutory maximum for a fine was illegal; court revised sentence to seven days imprisonment.
Criminal procedure — Sentence — Default imprisonment for non-payment of fine — Magistrates Courts Act 1970 s192(2) (as amended) — statutory maximum of seven days for fines not exceeding 2,000/= — illegality of excessive default term — revision and substitution of sentence.
18 December 1995
A default imprisonment exceeding the statutory seven‑day limit for a small fine is illegal and may be substituted on revision.
Criminal revision — Magistrates Courts Act s.192(2) — Default imprisonment for fines not exceeding 2,000/= limited to seven days — Illegal excessive default sentence set aside and substituted on revision.
18 December 1995
Magistrates must follow proper plea procedure and statutory guidelines on sentencing for default of fine payment.
Criminal Procedure — Guilty plea procedure — Adequate facts must be stated against the accused — Sentencing — Non-compliance with default sentence provisions of Magistrates Courts Act.
18 December 1995
Improperly recorded guilty plea did not vitiate conviction, but an illegal default sentence was reduced to seven days.
Criminal procedure — Plea of guilty — Facts must be narrated and put to accused in accordance with Adan v Republic; recording "as per charge sheet" insufficient
Sentencing — Magistrates Courts Act s192(d) — Default imprisonment limits for fines (max 7 days for fines ≤ Shs.2,000/=)
Revision — Court may correct illegal sentences
18 December 1995
An illegal, non‑statutory sentence for unlicensed carriage was set aside; a lawful fine substituted and excess refunded.
Criminal law — Sentencing — Illegality of sentence not conforming to statutory provision (s.113(1)(a) TRSA 1970) — Revision jurisdiction to set aside sentence and order refund of excess fine.
18 December 1995
6 December 1995
Whether a caveat under s149 RTA can be challenged by originating summons despite contested factual allegations and mis‑citation of procedure.
Registration of Titles Act s149 — Caveat removal — Originating summons v ordinary suit — Order 34 r3 and r7 CPR — Amendment of procedural citation — Requirement for oral evidence and witnesses where factual disputes alleged.
5 December 1995
Civil Procedure|Contract Law|Breach of Contract|Mortgage, loans and bonds
5 December 1995
November 1995
30 November 1995
Retrial refused where State failed to prove loss or defect of trial record; not in interests of justice.
Criminal law — Appeal against acquittal — Retrial where record lost — Requirement to show illegality/defect and interest of justice
Criminal procedure — Loss of trial record — Need for affidavit from court clerk or trial magistrate to prove loss and exhaustion of remedies
30 November 1995
28 November 1995
28 November 1995
Applicant charged with defilement granted bail due to youth, apparent illness and prosecution's non-opposition under section 14A.
Criminal law — Bail
— Defilement charges — Requirement to prove "special circumstances" under section 14A for release
— Factors constituting "special circumstances" — Infancy, evident illness and State non-opposition; need for medical evidence for health claims
28 November 1995
Infancy plus State non-opposition can amount to special circumstances justifying bail in defilement cases.
Criminal law — Bail
— Defilement — Requirement of "special circumstances" under s.14A TID — Infancy and State non-opposition may suffice
— Medical grounds — Grave sickness requires supporting medical evidence to justify bail
28 November 1995
Accused acquitted: confessions inadmissible and circumstantial recent‑possession evidence failed to prove identity in aggravated robbery.
Criminal law — Aggravated robbery — elements (theft, threat/use of deadly weapon, perpetrator identity); admissibility of cautioned/confessional statements — compliance with evidence (statement to police officers) Rules; circumstantial evidence — recent possession and need for in‑court linkage to stolen property; proof of deadly weapon by practical testing.
26 November 1995
Letters of administration revoked for failure to exhibit accounts and mismanagement; new administrators appointed and defendants ordered to account.
Succession law — Revocation of letters of administration — Just cause under s.233(2) — Failure to exhibit inventory/account as required by s.280 — Grant become useless/inoperative — Mismanagement and disposal of estate assets — Appointment of new administrators — Order to account and deposit letters.
24 November 1995
Letters of administration revoked for failure to account; new administrators appointed; no general damages awarded.
Succession law — Revocation of letters of administration — Failure to exhibit inventory and account — Grant become useless/inoperative — Appointment of new administrators — No general damages without quantifiable loss.
24 November 1995
The plaintiff proved liability under res ipsa loquitur and was awarded Shs.1.5 million plus costs and interest.
Motor-vehicle accident — pedestrian struck by vehicle — defendant in default — res ipsa loquitur and liability established. Assessment of general damages — head injury, large facial scar, unconsciousness, prolonged hospitalisation, recurrent headaches, loss of education and future prospects. Award of general damages, costs and interest
20 November 1995
Civil Procedure|Res Judicata
19 November 1995
Court cancelled special certificate and reinstated the plaintiff as registered proprietor, ordering eviction for fraudulent transfer.
Land law — Registered title — Protection of registered proprietor under the Registration of Titles Act — cancellation of special certificate procured without adequate proof. Land transactions — bona fide purchaser for value — onus to produce original sale agreement, vendor identity and witnesses. Rectification of register — Registrar of Titles ordered to cancel special certificate and reinstate prior registered proprietor
Eviction — order for purchaser’s eviction where title irregularly transferred
17 November 1995
Contract Law|Breach of Contract|Formation and validity of Contract|Land
15 November 1995
Applicant charged with aggravated robbery failed to prove current grave sickness; bail application dismissed.
Criminal law — Bail — Aggravated robbery — Limited statutory grounds for bail: grave sickness; infancy; advanced age; 12 months remand; DPP consent
Evidence — Medical evidence — Dated treatment records insufficient to prove ongoing grave sickness for bail purposes
15 November 1995
A court upheld Amin-era vesting and management of expropriated property and validated a bank encumbrance created by appointed managers, dismissing the plaintiff's claims.
Expropriation law — Amin-era decrees and Expropriated Properties Act 1982 — vesting of abandoned/ascribed assets; Government-appointed management — authority to borrow and create encumbrances; validity of bank mortgage/caveat created by state-appointed managers; remedies of former owners against lenders and State under the Expropriated Properties Act.
14 November 1995
8 November 1995
A minor charged with defilement granted bail due to youth, medical condition, and State non‑objection.
Criminal law — Bail — Defilement charge — Special circumstances required under s.14A TID — Age, student status, medical condition and State non‑objection may suffice
8 November 1995
Plaintiff's trespass claim failed because defendant's earlier-registered title established ownership; suit dismissed with costs.
Property law — title disputes — competing registered titles; evidence and priority of registration; allegations of fraud in procurement of certificate of title; trespass claims require ownership proved on a balance of probabilities.
3 November 1995
Property Law|Land|Land Dispute
3 November 1995
October 1995
Apportionment of negligence between drivers and damages for deceased's dependants with trust for minors.
Tort
— Negligence — Motor‑vehicle collision — Contributory negligence and apportionment of liability
— Damages — Wrongful death — Assessment of special and general damages; dependency and multiplier approach; trust for minors
30 October 1995
Serious medical illness can amount to 'special circumstances' permitting bail for a defilement charge under section 14A.
Criminal law — Bail
— Defilement — Requirement of "special circumstances" under section 14A to grant bail
— Grave sickness — Serious medical illness may constitute special circumstances warranting bail
Criminal procedure — Bail conditions — Cash deposit, sureties and periodic reporting as conditions for bail
30 October 1995
30 October 1995
Appeal allowed where plea-taking was procedurally defective and prosecution facts failed to incriminate the appellant.
Criminal law
— Plea procedure — Guilty plea irregularity and non-compliance with s.122(2) MCA and Adan v. Republic
— Proof — Whether prosecution facts sufficiently incriminate accused when plea is defective
Sentencing — Omnibus sentence and magistrate's discretion — Consideration of mitigation and refusal to impose fine under s.189(2) MCA
27 October 1995