Mkwe so lakimoja v r pc crim app 19 a 67 29867 platt

Info icon This preview shows pages 342–345. Sign up to view the full content.

372. Mkwe s/o Lakimoja v. R. (PC) Crim. App. 19-A-67, 29/8/67, Platt J. Accused was originally convicted in Primary Court of stealing and assault. There was evidence that he had stolen a tin of millet from a pombe club. The owner re- turned and searched for the tin, but could not find it. Shortly thereafter the club watchman found accused carrying the tin, and a struggle ensued during which the watchman was assaulted. It was unclear how long after the theft this incident took place. There was evidence that the incident took place outside the pombe club. On revision, the District Court substituted a conviction for robbery.
Image of page 342

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Held: The use or threat of violence, which is an element in the crime of robbery, not only must be for the purpose of obtaining or retaining the thing sto- len, but must occur at the time of the theft or immediately before or after it. In the present case, the search intervened between the theft and the assault, and the assault cannot be said to be connected with the theft. The High Court imposed convictions for theft and assault. 373. Dahaye Masaw v. Darabe Gwaidamuyi , (LC) Civ. App. 34-D-65, 19/10/67, Biron J The appeal of this case was originally heard and decided by the High Court on 30 th December, 1966. Judgment was given for defendant. Plaintiff now asserts that he did not appear at the hearing of the appeal because notice of the hearing - 107 - (1967)H.C.D. did not reach him until after judgment had been delivered. Plaintiff’s father origi- nally brought this action in 1962 for the return of cattle which had been delivered to defendant’s grandfather in 1945. Held: (1) A judgment given in the unavoidable absence of one of the par- ties offends against the elementary principle of natural justice of audi alteram partem. The appeal must be re-opened. (2) Even exercising the extreme latitude allowed by courts on the aspect of limitation in indigenous cases, the case was time barred when filed below. 374. B. A. T. Kenya Limited v. Express Transport Company Limited , Civ. Case 77-D-66; 30/9/67, Georges C. J. Plaintiff hired defendant trucker to transship some goods from Dar es Salaam to Nairobi. The job consisted of housing one large machine and several small ones. After having picked up the goods, defendant decided to redistribute the load, so
Image of page 343
that the large machine would be moved forward from behind the rear axle. In so doing, the machine, which was not in a crate or other protective covering, was irreparably damaged because of the faulty way in which it was moved. Held: (1) No particulars of negligence were alleged by the plaintiff. Rather, he relied on the doctrine that under a bailment for hire contract it is incumbent upon the bailee to show that he exercised due care and that any damage oc- curred other than by his negligence. In this contention plaintiff was correct. [Citing Joseph Travers & Sons Ltd. v. Cooper (1915) 1 K. B. 73, 90.] Here the defen- dants were unable to put forth an explanation of how the accident could have oc- curred that was reasonably consistent with the absence of negligence on their part. (2) Both the defendant’s stationary and a form signed by the plaintiff’s agent
Image of page 344

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Image of page 345
This is the end of the preview. Sign up to access the rest of the document.
  • Fall '17
  • Dean Majamba

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern