Therefore the resulting allocation of shs 25 for

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Therefore, the resulting allocation of Shs. 25/- for costs to defendant should not be disturbed. 289. Petro s/o Kihisi v. R., Crim. App. 498-M-67, 27/7/67, Cross, J. Accused was convicted of housebreaking and stealing. On appeal, he argued for the first time that an admission made in the presence of the complainant and the Village Executive Officer had been obtained by unlawful inducement. Held : The accused “did not suggest during his trial that the admission ….. was obtained by any promise or threat although he now, as an after-thought, in- cludes that in his grounds of appeal.” Because the evidence justified the convic- tion, and because there was no misdirection by the magistrate, the conviction was upheld. 290. Donatus s/o Ishindike v. R., (PC) Crim. App. 115-M-67, 25/7/67, Cross, J.
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In the District Court, accused sought leave to appeal out of time his conviction in Primary Court. His claim, that he did not know the appeal procedure was re- jected, because the right of appeal was explained to him in the primary court. The District Court’s second reason for rejecting accused ’s application was that the appeal was unlikely to succeed. Held: Upon examining the trial court record, the High Court found that ac- cused ’s appeal would be likely to succeed, if heard. The District Court was or- dered to hear the appeal out of time. ( 1967) H.C.D. - 83 – 291. Andrea Ndibalema v. R ., Crim. App. 387-M-67, 27/7/67, Cross, J. Accused was convicted of burglary and stealing, and appealed …. The Senior Resident Magistrate reported that no trace could be found of the record of the trial and other proceedings below. Held : In these circumstances it is impossible to adjudicate this appeal. Conviction set aside and appellant ordered to be re-tried by a different magi- strate. 292. Onesmus M. Ngowi v. Modesta Nhigula , Misc. Crim. App. 30-D-67, 18/8/67, Saidi, J. Plaintiff claimed that defendant had made her pregnant, and was successful in her Affiliation Cause in District Court. Held: (1) The defendant’s responsibility for plaintiff’s pregnancy is estab- lished by the plaintiff’s testimony, the love letters written to her by defendant un- der the pretext that he was her brother, the medical evidence, and the “facial si- milarity between the (defendant) and the child.” (2) Under clause 189 of the Local Customary Law (Declaration) Order, 1963 [ Government Notice No. 279 of 1963], the defendant is responsible for expenses of pregnancy and childbirth; defendant was ordered to pay Shs. 800/- on this account. (3) Defendant was ordered to pay Shs. 100/- per month for the maintenance of the child until the child reaches the
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age of 21 years. The order was made retroactive to the month in which the child was born. 293. Japhet s/o Mangwa v. R., Crim. App. 461-D-67; 18/8/67, Saidi, J. Accused was convicted of defamation {P.C. ss. 187, 188} for having made false oral reports to the police about another man.
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  • Fall '17
  • Dean Majamba

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