Results.
22 judgments found.
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May 1993
Confusion in official land allocations and inadequate proof of title or improvements led to appeal allowed with costs.
Evidence
— Burden to prove payment/compensation — Claim for recovery of expenditure on land improvements requires clear, reliable proof
— Official searches and title documents — Weight of official search certificate where physical identification of parcel is inconsistent
Land law — Land allocation — wrongful identification of parcel by surveyor — Effect on title claims
24 May 1993
A village chairman’s alleged authority or obedience to orders does not excuse unlawful destruction of another’s crops.
Criminal law — appellate review
— concurrent findings of fact upheld
— second appeal limited to points of law
Criminal law — destruction of property — authority of village officials — obedience to orders — unlawful order no defence
Criminal law — mens rea — knowledge of existence of property
21 May 1993
Reported
Evidence — circumstantial evidence — False, incredible or contradictory statements given by way of explanation by the accused- Effect in reaching verdict
21 May 1993
Accused's inconsistent explanations and physical evidence made suicide improbable, so conviction for murder was upheld.
Criminal law — Circumstantial evidence — Inconsistent or contradictory explanations by accused strengthen prosecution case — Suicide versus homicide — Evaluation of medical and height evidence
21 May 1993
Reported
Criminal law — Criminal practice and procedure — Calling of doctor who performed postmortem examination on the body of the deceased — Right of accused to be informed and to decide whether or not he wants the doctor to be called
21 May 1993
Reported
Evidence — circumstantial evidence — Unbroken chain of circumstantial evidence linking the appellants to the death of the deceased — Whether can ground a conviction
21 May 1993
Reported
Criminal law — Criminal practice and procedure — Adjournment of cases — Statutory control of adjournments and remand of accused in custody
21 May 1993
Permitting an illiterate appellant to self‑represent in a capital trial without warnings deprived him of a fair trial.
Criminal law
— Juvenile procedure — Special safeguards for unrepresented child — Right to counsel / fair trial
— Trial procedure — Self‑representation in capital cases — Duty of trial court to explain dangers and ensure fair trial
21 May 1993
Appeal struck out for lack of leave under section 5(1)(c) and because the High Court order was a nullity due to time-barred application.
Appellate practice — Appellate procedure — appealability — leave required
Civil procedure
— Application to set aside ex parte judgment — time limits and need for enlargement of time
— Costs — no costs where decisive points raised by the Court sua sponte
— jurisdiction — order founded on a time-barred application is a nullity
21 May 1993
An appeal against refusal to set aside an ex‑parte judgment was struck out as incompetent for lack of leave and because the High Court’s order was a nullity.
Appellate practice
— Appealability — order refusing to set aside ex‑parte judgment
— Competence — appeals founded on nullities are incompetent
— Procedure — time limits for applications to set aside ex‑parte judgments
— Validity — orders made on time‑barred applications are nullities
21 May 1993
Reported
Criminal law
— Criminal practice and procedure — Assessors — Directions to assessors — Trial judge misdirects assessors on the nature of provocation — Assessorsfail to determine and advise on the provocative nature of the deceased’s words
— Provocation — Deceased uttered words tending to show that she had an adulterous association with some men — The test of provocation
21 May 1993
Reported
Evidence
— Burden of proof- Shifting the burden to the accused — Accused's palm stained with blood appearing to be recent — Whether requiring the accused to explain how he got the blood stain amounts to shifting the burden of proof to the defence
— Burden ofproo£- Murder — Accused’s right palm stained with blood which appears to be recent and about which accused keeps quiet when asked — Whether court may draw inference that accused’s silence is not consistent with his innocence
21 May 1993
Intoxication and mere verbal provocation do not negate intent where defendant's conduct shows deliberate, purposeful action.
Civil procedure — Appeal — factual findings and credibility upheld where appellant’s own account shows deliberate action
Criminal law — Murder
— sufficiency of evidence of deliberate conduct
— whether intoxication/temporary insanity negates mens rea
Criminal law — Provocation — verbal disagreement over price not sufficient to excuse lethal response
21 May 1993
A second appeal filed without statutory leave is incompetent and is struck out with costs.
Civil procedure — Appeals — Leave to appeal — competency of appeals
Land law — Registered title — Burden of proof in claims challenging registered title — Merits not considered where appeal procedurally incompetent
20 May 1993
Court dismissed application under Rule 58(1) after finding counsel’s excuse for non-attendance unsubstantiated and refusing an adjournment.
Civil procedure
— adjournment — adequacy of excuse — sick relative/child
— non-appearance
20 May 1993
Appeal struck out for failure to serve the ruling and for lacking required leave under appellate jurisdiction provisions.
Civil procedure
— Appellate jurisdiction — leave to appeal — Appellate Jurisdiction Act s.5 (effect on appeals against refusals to extend time to apply for review)
— service of record of appeal — Requirement to provide copy of the judgment appealed — Competency of appeal
20 May 1993
Stay of execution granted where decree enforcement risked being frustrated by third‑party payment and possible mortgage of title deeds.
Civil procedure — Stay of execution pending appeal
— conditional stays and filing timelines
— security concerns over surrender of title deeds
— stay justified where enforcement of decree may be impracticable because payment ordered from a non-party
19 May 1993
Court held the notice of appeal defective and the appeal time‑barred, therefore the appeal could not proceed.
Civil procedure — Appeal — Notice of appeal — Validity of notice of appeal — Appeal instituted out of time — Time‑barred appeals — Consequence: appeal cannot be entertained
14 May 1993
High Court lacked jurisdiction to hear review of a District Registrar’s order; resulting proceedings and appeal were nullities.
Civil procedure — jurisdiction
— costs where jurisdiction raised by court
— review of District Registrar’s order
12 May 1993
Failure to serve the applicant with the notice of appeal under rule 77(1) led to striking out and refusal of extension.
Civil procedure — Court of appeal rules — mandatory duty to serve copies of notice of appeal on persons directly affected — prolonged non-compliance
Civil procedure — extension of time
— belated application refused
— Government party status does not absolve appellant’s duty to serve
12 May 1993
A stay of civil imprisonment pending appeal may be granted under Rule 3, subject to adequate security and surrender of passport.
Appellate practice — Appeal and appellate procedure — Stay of execution of civil imprisonment pending appeal
12 May 1993
Court granted stay of civil imprisonment pending appeal subject to adequate security and surrender of passport.
Civil procedure — Appeal and interlocutory relief
— amendment of defective affidavit
— Civil Procedure Code not applicable to Court of Appeal
— conditions for stay (security, surrender of passport)
— inapplicability of Rule 46(3) to stays
— invocation of Rule 3 to do justice
— stay of execution of civil imprisonment pending appeal
12 May 1993