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Citation
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Judgment date
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| December 1993 |
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Theft conviction substituted without notice quashed; accused must be warned before conviction on an uncharged alternative offence.
Criminal law — distinction between obtaining by false pretences and theft/ conversion; procedural fairness — court may not convict on an uncharged alternative offence without giving the accused notice before defence; conviction substituted without proper factual/legal analysis quashed.
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31 December 1993 |
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31 December 1993 |
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Prosecution proved robbery with violence and that a recovered firearm was a deadly weapon; appeal dismissed.
Criminal law – robbery with violence – sufficiency of prosecution evidence; firearms – proof that recovered gun was capable of firing – admissibility and weight of police firearms examination; credibility of accused’s alibi/ framing claim.
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31 December 1993 |
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31 December 1993 |
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Appellants’ robbery convictions and death sentences upheld: identification, weapon recovery, statement voluntariness, and alibi rejection affirmed.
* Criminal law – aggravated robbery – identification evidence at scene and subsequent parade – conditions for safe identification. * Criminal procedure – admissibility of extra‑judicial statements – voluntariness and effect when not a confession. * Evidence – recovery of weapon and characterization as deadly weapon; role of ballistic expert and requirement to establish competence. * Alibi – disclosure and investigation; failure to investigate does not automatically validate alibi if evidence disproves it.
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31 December 1993 |
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Whether prosecution proved the appellant’s robbery with violence and that the recovered firearm was a deadly weapon.
* Criminal law – robbery with violence – identification and participation – value of multiple eyewitness accounts and neighbour intervention. * Evidence – recovery and examination of firearm – proof of capability to discharge versus actual discharge; police officer’s practical expertise admissible. * Penal Code s.273(2) – definition of deadly weapon.
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30 December 1993 |
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Appeal allowed: night‑time, single eyewitness identification unsafe and unrebutted alibi warranted quashing of conviction.
Criminal law – visual identification – single eyewitness at night – reliability and conditions for safe identification; Alibi – burden on prosecution to negative alibi; Minor inconsistencies in defence evidence insufficient to reject alibi; Failure to call immediate post-incident witnesses undermines identification evidence.
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30 December 1993 |
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30 December 1993 |
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15 December 1993 |
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14 December 1993 |
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Dismissal for counsel’s late withdrawal was an improper exercise of judicial discretion; suit reinstated for hearing.
Civil procedure – adjournment – withdrawal of counsel on hearing day – judicial exercise of discretion – refusal of adjournment and immediate dismissal – reinstatement and costs.
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9 December 1993 |
| November 1993 |
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Applications to set aside ex parte judgments must be brought under the correct Order 9 rule; r.24 applies where sufficient cause is required.
Civil procedure — Order 9 r.9 and r.24 — Setting aside ex parte judgments — Distinction between wide judicial discretion (r.9) and requirement to show sufficient cause (r.24) — Proper rule depends on how judgment was entered; substituted service/advertisement and overseas absence relevant under r.24.
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25 November 1993 |
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Ex parte judgments following an ex parte hearing must be challenged under Order 9 rule 24, not rule 9.
* Civil procedure – setting aside ex parte judgments – distinction between Order 9 r.9 (wide judicial discretion) and Order 9 r.24 (requires showing summons not duly served or sufficient cause) – applicability where judgment followed ex parte hearing (Order 18 r.1).
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24 November 1993 |
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16 November 1993 |
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Supreme Court increased damages for appellants injured in a bus accident, correcting trial court's undervaluation.
Tort Law – Personal injury – Damages assessment – Appellate court intervention on low damages – Evaluation of future earnings and injury severity.
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8 November 1993 |
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8 November 1993 |
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8 November 1993 |
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Appellate court increases personal injury awards, corrects misdirection on amputation severity and mandates damages assessment despite admitted liability.
• Personal injury – assessment of general damages – appellate interference only where wrong principle, material misapprehension, or inordinately low/high award. • Damages – distinction between above‑knee and below‑knee amputation affects quantum. • Procedure – admission of liability requires assessment of damages; trial judge should not dismiss claim absent valid grounds. • Quantum – courts should rely on recent domestic decisions in contexts of severe currency devaluation.
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7 November 1993 |
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A general pardon announcement or media report does not replace a signed presidential instrument; plea in bar must be proved on balance of probabilities.
Criminal procedure – plea in bar alleging presidential pardon – accused must prove plea on balance of probabilities; evidentiary requirement for pardon – ordinarily a signed presidential instrument; general proclamations or press reports insufficient; hearsay and circumstantial evidence require proper corroboration; trial to proceed if plea not proven.
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4 November 1993 |
| October 1993 |
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Appeal against sentence dismissed; no misdirection and use of spear justified the 10-year term.
* Criminal law – Sentence appeal – Manslaughter (provocation) – Sentencing considerations: mitigation (personal factors, intoxication) v. aggravation (use of spear) – No misdirection, appellate interference refused.
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26 October 1993 |
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21 October 1993 |
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8 October 1993 |
| August 1993 |
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20 August 1993 |
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On appeal general damages were substantially increased on acceptance of medical evidence; special damages required strict proof and interest was ordered on awarded special damages.
Personal injury — assessment of damages — appropriateness and quantum of general damages for amputation and fractured femur — weight to be given to medical reports over inconsistent oral testimony — proof required for special damages and loss of earnings — interest on special damages.
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20 August 1993 |
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11 August 1993 |
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Appellate court overturned negligence finding and rejected unpleaded common-carrier liability, dismissing the plaintiff’s claim.
Tort and contract – carrier liability – negligence v. inevitable accident; pleading rules – party cannot succeed on unpleaded cause of action (common-carrier liability); damages – replacement cost and foreign-currency awards; procedural irregularity in decree preparation.
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6 August 1993 |
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6 August 1993 |
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Appellate court increased damages where medical evidence showed serious injury and trial court had unduly minimized awards; special damages require particular proof.
* Motor torts – admitted liability for bus accident – assessment of damages; acceptance of medical evidence on severity of injuries (fracture and amputation). * Damages – general damages increased on appeal where trial award was inadequate. * Special damages – must be pleaded and strictly proved; loss of cash while victim unconscious may be recoverable if credibly proved; personal effects require specific proof (receipts, description). * Proof of loss of earnings – must be particularised (basis, period, gross/net).
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1 August 1993 |
| July 1993 |
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Whether treason convictions based on undercover police evidence and recordings were safe; two appellants' convictions quashed.
* Criminal law – Treason – convictions based on meetings, undercover police evidence, recordings and photographs. * Criminal procedure – Section 71(2) Trial on Indictments Decree – election to give evidence/unsworn statement/call witnesses and recording of that election – curable irregularity. * Evidence – undercover agents vs. agent provocateur/accomplice; need for corroboration. * Evidence – admissibility and use of dubbed tape recordings and photographic evidence as corroboration.
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19 July 1993 |
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Exemplary damages unavailable for mere breach of contract; detinue valued at judgment date; currency reform conversion applied.
Contract — exemplary (punitive) damages — not available for mere breach of contract except in narrowly recognised exceptions; Detinue — valuation at date of judgment for continuing tort; Currency Reform Statute 1987 — conversion to new currency (s.2(a) read as referring to s.1(b)); Procedural fairness — counsel should be allowed addresses before judgment; Quantum — nominal damages where loss not proved.
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15 July 1993 |
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Appeal allowed: unpleaded common‑carrier liability not permissible and evidence showed an inevitable accident, not negligence.
Pleadings and issues – party cannot succeed on a cause of action not pleaded; negligence and inevitable accident – burden on carrier to prove inevitability; common‑carrier strict liability cannot be invoked without pleading and proof; foreign‑currency damages and interest – permissible in appropriate cases but discretionary.
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2 July 1993 |
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2 July 1993 |
| June 1993 |
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Unrecorded challenge to Judge and premature judicial findings warranted quashing the appellant's conviction and ordering a retrial.
* Criminal law – treason – defence of pardon or amnesty – validity of purported statutory instrument and requirement of proper publication and lawful power to grant amnesty/pardon. * Judicial impartiality – disqualification for bias – duty to record and determine disqualification applications in open court. * Judicial bias – tests considered: real likelihood (kindred/interest) and reasonable‑suspicion/manifest justice; both applied. * Trial fairness – premature findings and misdirection to assessors vitiating trial; remedy: quash conviction and order retrial.
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18 June 1993 |
| May 1993 |
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Preliminary objections on whether documents are "official" are evidentiary and premature; appeal dismissed.
Criminal law – Official Secrets Act – meaning of "official document"; statutory interpretation (ordinary meaning vs. inclusive definitions); evidentiary questions vs. preliminary objections; joinder and alternative counts; magistrates’ procedure and amendment of charges.
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27 May 1993 |
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Recent-possession circumstantial evidence upheld simple robbery conviction; aggravated-robbery not proved and compensation order criticized.
* Criminal law – Robbery – distinction between aggravated and simple robbery – necessity of proving use or display of deadly weapon for aggravated charge. * Evidence – identification of vehicle – best evidence, log books, chassis and engine numbers; importance of producing original documents and calling vehicle/registrar where feasible. * Circumstantial evidence – recent possession doctrine and its application to stolen goods. * Criminal procedure – directions to assessors – misdirection as to burden of proof and miscarriage of justice. * Sentencing – compensation orders require evidential basis and quantification.
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27 May 1993 |
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Inconsistent testimony and conflicting medical reports meant the appellants failed to prove lawful passenger status or injuries; appeal dismissed.
* Carrier liability – railway as carrier – duty to use reasonable care for accepted passengers; distinction between accepted passenger, fare-evader and trespasser. * Evidence – credibility and weight of testimony; conflicting medical reports and inconsistencies may justify rejection of claims. * Civil burden – proof on balance of probabilities required to establish passenger status and injuries. * Procedural – admission in pleadings relevant but does not relieve claimant from proving material facts.
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6 May 1993 |
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Conviction for murder upheld, but trial judge erred in determining age by observation; accused detained pending Ministerial determination under s.104.
* Criminal law – Murder – sufficiency of evidence and credibility of eyewitnesses – alibi. * Juvenile accused – age determination – trial judge cannot determine age by mere observation; where accused claims to be under 18 and prosecution adduces no contrary evidence, claim accepted. * Procedure – Trial on Indictments Decree s.104 – detention pending Minister’s order in cases of alleged juvenility and capital sentence.
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5 May 1993 |
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Conviction for murder upheld but trial judge erred in fixing age by observation; appellant detained pending ministerial determination under s104.
Criminal law – murder – sufficiency of eyewitness evidence; Alibi – raising reasonable doubt; Juvenile status – inability of trial judge to fix accused’s age by mere observation; Section 104 Trial on Indictments Decree – detention pending ministerial order on age and sentencing implications.
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5 May 1993 |
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5 May 1993 |
| April 1993 |
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Extension of time granted for serving the appeal record due to counsel's initial oversight.
Procedure – Extension of time – Service of record of appeal – Negligence by counsel – Justice served on merits
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5 April 1993 |
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5 April 1993 |
| March 1993 |
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Transfer of a kibanja without statutorily required notice to the prescribed authority is void; no compensation awarded.
Land Reform Decree 1975 – customary tenure – transfer of existing customary tenures governed by s.4 (notice to prescribed authority) – fresh acquisition governed by s.5; failure to notify prescribed authority renders transfer void; customary acts (introduction/kanzu) do not substitute statutory requirements; entitlement to compensation dependent on lawful acquisition; legislative ambiguity as to "prescribed authority".
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17 March 1993 |
| February 1993 |
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5 February 1993 |
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Court affirmed convictions despite identification misdirections but set aside death sentence pending age determination.
* Criminal law – identification evidence – single-witness identification requires greatest caution and active scrutiny.
* Prosecution duty – call first reports, police statements, contemporaneous descriptions, and available corroborative documents when identity is in issue.
* Court’s powers – use statutory powers (Trial on Indictments Decree s.57, s.64; Evidence Act provisions) to call witnesses or documents to clarify identification.
* Sentencing – mandatory death sentence may be set aside where age at time of offence is uncertain; medical evidence must be probative.
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5 February 1993 |
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2 February 1993 |
| January 1993 |
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Murder conviction upheld on single child identification; death sentence set aside pending age determination.
Criminal law – murder – identification by a single child witness – cautionary/Turnbull-type directions – circumstantial evidence – alibi – sentence of death set aside where medical evidence suggests juvenile status; matter remitted for age determination under Trial on Indictments Decree.
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27 January 1993 |
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27 January 1993 |
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Conviction upheld on reliable child identification; death sentence set aside pending age determination.
* Criminal law – Identification evidence – single identifying witness of tender years – reliability and prudence of corroboration. * Criminal law – Circumstantial evidence – caution where only one identifying witness. * Sentencing – Juvenile status at time of offence – death sentence inappropriate where offender may have been under 18; remitted for age determination and ministerial action under statutory procedure.
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27 January 1993 |
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Identification and corroboration of eyewitnesses upheld conviction for aggravated robbery; appeal and sentence dismissed.
* Criminal law – Identification evidence – reliability where victim and wife observed accused in lamplight and long opportunity to observe – Turnbull considerations. * Criminal law – Aggravated robbery – common intention, use of a firearm and shots fired. * Criminal procedure – Weight of alibi and alleged grudge as undermining prosecution evidence. * Sentencing – Legality of death sentence dependent on accused’s age at time of offence.
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19 January 1993 |
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19 January 1993 |
