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Citation
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Judgment date
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| December 2023 |
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Respondent's late reply does not validate the appellant's time‑barred review application under EACCMA s.229.
* Tax law – Time limits for review – Section 229(1), (4) and (5) EACCMA – Application for review filed outside 30 days is incompetent. * Administrative law – Decision subject to review – demand note as an appealable decision. * Procedure – Preliminary objections on limitation – pure point of law when date of service undisputed. * Remedy – respondent's delayed reply does not cure late filing; applicant must seek extension of time.
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29 December 2023 |
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28 December 2023 |
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A compliance order issued under the wrong statutory provision and confirmed by an undelegated officer is invalid.
* Labour law – compliance orders – correct statutory basis: section 46(1) confers power to issue compliance orders; wrong citation (s.45) renders order invalid.
* Delegation – section 44(1) requires written delegation of Labour Commissioner’s powers; absence of written delegation invalidates confirmations.
* Overriding objective principle cannot cure jurisdictional or mandatory statutory defects.
* Procedural practice – stay of proceedings advisable where similar dispute is pending before the CMA to avoid conflicting awards.
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28 December 2023 |
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Review dismissed: applicant failed to show manifest error or denial of hearing; complaints were appeal grounds.
Court of Appeal — review jurisdiction — manifest error on the face of the record; denial of hearing — distinction between review and appeal; clerical slip vs substantive error; reliance on uncontested witness testimony regarding authenticity of title documents.
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27 December 2023 |
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Child’s testimony taken without required oath/promise had no evidentiary value, so conviction was unsafe and quashed.
Evidence Act s.127(2) — child witness: oath/affirmation/promise required; non-compliance renders testimony of tender-age child inadmissible; medical evidence proving sexual intercourse insufficient alone to convict without identification link; failure to call material witnesses (unnamed pupils) — adverse inference; appellate interference justified for procedural irregularity/miscarriage of justice.
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22 December 2023 |
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21 December 2023 |
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21 December 2023 |
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Failure to prove authorship of disputed loan documents and improper burden shifting led to quashing of the judgment.
* Evidence Act s.110 – burden of proof – plaintiff who alleges loan must prove authenticity of documentary evidence.
* Civil Procedure Code Order VI r.4 – fraud/forgery must be particularized in pleadings.
* Standard of proof – allegations of fraud/forgery require a higher degree than ordinary balance of probabilities.
* Documentary evidence – weight and authorship; necessity to call bank/technical witnesses to establish cheque authenticity.
* Civil appeal – improper shift of burden and judgment against the evidence justify quashing decree.
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21 December 2023 |
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High Court erred by deciding merits during a preliminary objection, denying parties the right to be heard; matter remitted for rehearing.
Execution of decree – Order XXI rule 2(1)–(2) CPC – certification of payment/adjustment in satisfaction of decree – right to be heard before adverse action – preliminary objection must be confined to its scope, merits reserved for full hearing.
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20 December 2023 |
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Court upheld conviction for child unnatural offence, finding child evidence admissible and procedural defects non‑fatal; appeal dismissed.
* Criminal law – Unnatural offence (child sexual abuse) – evidential sufficiency and sentencing.
* Evidence – Child witnesses – promise to tell the truth under section 127(2) Evidence Act – admissibility and weight.
* Criminal procedure – Form and contents of charge – sections 132 and 135 Criminal Procedure Act – omission of penalty not fatal.
* Appellate review – concurrent findings of fact – standard for interference (misdirection/miscarriage of justice).
* Sentencing jurisdiction – section 170(2) Criminal Procedure Act – scheduled offence attracting life imprisonment under section 154(2) Penal Code.
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19 December 2023 |
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Purchaser protected as bona fide purchaser despite mortgagee’s failure to serve mortgagor statutory notice; counterclaim expunged.
Land law — Mortgagee power of sale — Statutory notice to mortgagor (section 127 Land Act) — Compliance with mortgage clause — Title transfer and protection of purchaser as bona fide purchaser for value (section 135 Land Act) — Counterclaim competence — Requirement of assessors in Land Division proceedings.
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19 December 2023 |
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Alleged illegality and denial of hearing justified extension of time to file revision challenging eviction order.
* Civil procedure – Extension of time under Rule 10 – Good cause required – Lyamuya factors applied.
* Alleged illegality – an assertion of illegality on the face of the record constitutes sufficient reason to extend time.
* Administrative/representative interests – failure to make a person affected by an eviction a party and deny opportunity to be heard may render decision irregular.
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18 December 2023 |
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Appellants' armed robbery convictions upheld on reliable identification, valid cautioned statements, and proof beyond reasonable doubt.
Criminal law - Armed robbery: identification at night, recognition and hot pursuit; admissibility and validity of cautioned statements; absence of weapon exhibits immaterial where credible oral evidence; appellate review where lower court omitted discussion of defence evidence.
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15 December 2023 |
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Appeal dismissed: identification, admissible confessions and credible oral evidence proved armed robbery beyond reasonable doubt.
Criminal law – Armed robbery – identification evidence at night – familiarity and hot pursuit as support for positive identification; Confessions – admissibility of cautioned statements recorded by police under the Criminal Procedure Act; Evidence – absence of weapon exhibits not fatal where credible oral testimony proves use of weapons; Appellate procedure – duty to consider defence evidence but appellate court may evaluate omitted issues and uphold conviction if case remains unshaken.
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15 December 2023 |
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Non-service of notice and non-joinder of necessary parties rendered the High Court proceedings a nullity; appeal nullified under revisional powers.
Civil procedure – appeal procedure – service of notice of appeal (Rule 84(1)) – non-service renders notice invalid; revisional jurisdiction – Court may nullify inferior court proceedings under s.4(2) AJA; parties – mis-joinder and non-joinder of necessary parties (Order I r.10(2) CPC) – failure to join co-vendors and auctioneer; constitutional right – denial of right to be heard (Article 13(6)(a)) renders decision a nullity.
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15 December 2023 |
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Documentary title and mortgage names prevail over oral assertions; identity mismatch defeats claim to matrimonial-home consent.
Land law – matrimonial home and spousal consent to mortgage; evidence – documentary evidence prevailing over oral testimony; pleadings – amendment of plaint and adoption of existing written statement of defence; bank’s due diligence in mortgage transactions; identity disputes in title versus personal documents.
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15 December 2023 |
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The appeal was struck out due to failure to comply with procedural rules for serving appeal documents.
Civil procedure - Time limitations for filing appeals - Obligations to serve appeal notices in compliance with court rules - Consequences of non-compliance.
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15 December 2023 |
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Failure to serve notice and written request for copies rendered the appeal time‑barred and it was struck out.
Civil procedure — Appeal competence — Service of notice of appeal within 14 days (Rule 84(1)) — Request for High Court proceedings and time exclusion (Rule 90(1) and (3)) — Failure to serve written request — Time‑barred appeal — Abatement on death (Rule 105(2)).
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15 December 2023 |
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A High Court’s re-determination of issues already decided and proceeding after striking out rendered that part of its decision irregular and quashed.
* Civil procedure – Functus officio – A judge may not re-determine issues already decided by another judge of the same court; re-hearing such decided issues is irregular.
* Civil procedure – Competence – Striking out an application as incompetent precludes subsequent determination of its merits.
* Civil procedure – Preliminary objections – Courts must not decide procedural objections that were not properly raised or noticed prior to scheduling hearings.
* Appellate review – Revision under s.4(3) AJA – appropriate to quash decisions tainted by cumulative procedural irregularities.
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15 December 2023 |
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An interested party (Attorney General) joined in an appeal must be heard but must file and serve points within 60 days and comply with statutory duties.
* Civil procedure – Interested party – Right to be heard – Rule 109 and 113 of the Court of Appeal Rules; natural justice requires hearing of persons who may be adversely affected.
* Office of the Attorney General Act s.17(2) – duty to notify court and show public interest/public property when joining proceedings.
* Procedure – Service of record of appeal on interested parties; limitation on raising new grounds post memorandum of appeal.
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15 December 2023 |
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Gang robbery conviction unsafe where co‑accused uncorroborated; confession of one accused insufficient to convict another.
* Criminal law – Gang robbery – section 285(2) Penal Code – requires "two or more persons" to commit the offence; conviction unsafe if co-offender not proved.
* Evidence – Identification – arrest at scene, possession of stolen property and victim's identification at police station supportive of identification.
* Evidence – Confession of co-accused – uncorroborated admission implicating another requires caution and cannot alone sustain conviction.
* Appeal – Evaluation of defence evidence – appellate courts must consider defence but statutory elements must be proved beyond reasonable doubt.
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15 December 2023 |
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Gang robbery conviction unsafe where co-accused’s uncorroborated confession and absence of proof of two or more offenders.
* Criminal law – Gang robbery – Elements of offence – section 285(2) requires "two or more persons" to commit gang robbery; single-offender conviction unsafe.
* Evidence – Identification – Arrest at scene, possession of stolen property and station identification as adequate visual identification in daytime.
* Evidence – Confession of co-accused – A co-accused’s cautioned statement incriminating another requires corroboration; uncorroborated confession unsafe to convict.
* Procedure – Identification parade – absence of parade weakens identification of co-accused.
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15 December 2023 |
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A subordinate court’s trial of an EOCCA offence without a s.12(3) certificate is a nullity; conviction quashed.
* Criminal procedure – Jurisdiction under EOCCA – Corruption and Economic Crimes Division of the High Court ordinarily hears EOCCA offences; subordinate court requires s.12(3) certificate. * Criminal procedure – Proceedings conducted without requisite certificate are nullities. * Evidence – Disposal of exhibit in accused’s absence undermines inventory and may preclude retrial. * Wildlife offences – Unlawful possession of Government trophy triable under EOCCA.
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15 December 2023 |
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A judge should not reopen a previously dismissed preliminary objection; subparagraphs in affidavits need not always be separately verified.
* Civil procedure – preliminary objections – re‑raising identical point after earlier dismissal – improper and an abuse of process.
* Civil procedure – verification of affidavits – general vs specific verification clauses; no absolute rule requiring each subparagraph to be separately verified.
* Civil procedure – amendment – court’s discretion to order amendment to cure affidavit defects; refusal can be reviewed when discretion misapplied.
* Appellate jurisdiction – interlocutory order vs finality – striking out may render decision appealable.
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15 December 2023 |
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Whether a judge may reopen a dismissed preliminary objection and if affidavit subparagraphs require separate verification.
Judicial review — supporting affidavit — verification clauses and sub-paragraphs — preliminary objections — reopening previously dismissed PO — discretion to allow amendment — appealability of striking out orders.
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15 December 2023 |
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Substituted information, trivial variances and procedural slips did not vitiate conviction for possession of three elephant tusks.
Criminal law – unlawful possession of government trophy – substitution of information under EOCCA s29(7) – trivial variances between charge and evidence – admission of exhibits – search and seizure in remote bushland under WCA s106 – delay under CPA s32 – appellate review of trial court evaluation.
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15 December 2023 |
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A shareholder alleging fraudulent or ultra vires acts cannot be denied locus standi at preliminary stage; matter must proceed to trial.
Company law — Foss v. Harbottle rule and exceptions — shareholder standing to sue where acts alleged to be fraudulent or ultra vires; preliminary objections — limits where contested factual allegations exist; procedural requirement to remit for trial when locus standi depends on contested facts.
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15 December 2023 |
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Stay of execution granted pending appeal; applicant complied with rule 11 timing and must lodge a USD 51,622.09 bank guarantee.
Labour law – stay of execution pending appeal – Court of Appeal Rules r.11(3),(4),(5),(7) – timeliness of stay application – proof of awareness of execution – conditional stay on deposit of bank guarantee (USD 51,622.09).
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15 December 2023 |
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Dissatisfaction with a judgment is not a manifest error warranting review; conviction upheld on last-seen circumstantial evidence.
* Review – jurisdiction under section 4(4) AJA and rule 66(1)(a) – limited to obvious/patent errors on the face of the record.
* Review is not a re-hearing or an appeal in disguise; dissatisfaction with outcome insufficient.
* Criminal law – circumstantial evidence/"last seen" principle can sustain conviction where recent-possession evidence is rejected.
* Doctrine of recent possession – admissibility and chain of custody considerations do not automatically invalidate conviction if other strong evidence exists.
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14 December 2023 |
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Review dismissed because applicant sought rehearing rather than identifying a manifest error on the face of the record.
* Appellate procedure – Review under section 4(4) AJA and rule 66(1)(a) – manifest error on the face of the record required. * Review is not a substitute for appeal – finality of litigation. * Evidence – doctrine of recent possession and last-seen circumstantial evidence; evaluation of such evidence not ordinarily a ground for review.
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14 December 2023 |
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Uncorroborated, contradictory prison-delay explanation and unexplained days of delay failed to justify extension to file review.
Procedure — Extension of time under Rule 10 — "Good cause" requires promptness, valid explanation, diligence and accounting for each day of delay; evidential corroboration required for prison-related causes of delay; applicant must show intended grounds under Rule 66(1) when seeking extension for review.
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14 December 2023 |
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Failure to account for each day of delay and lack of corroboration defeated extension to file review.
Civil procedure – extension of time – Rule 10 (good cause) – necessity to account for each day of delay; Corroboration of prison-related delays – affidavit from officer required; Review procedure – Rule 66(1)/(3) – 60-day limitation for filing review applications.
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14 December 2023 |
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Conviction for statutory rape of an eight‑year‑old upheld despite procedural defects; PF3 expunged but evidence sufficient.
Criminal law – Statutory rape – proof of penetration and age; Medical evidence and delayed examination; Admissibility and procedural requirement to read documentary exhibits (PF3); Credibility of family witnesses; Procedural omissions (Preliminary Hearing, supply of statements, right to legal representation) and prejudice.
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14 December 2023 |
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Conviction for statutory rape upheld; PF3 expunged for not being read out, medical and witness evidence deemed sufficient.
Criminal law – Statutory rape – Proof of penetration – medical evidence (perforated hymen) as corroboration; documentary exhibit (PF3) must be read out after admission – failure leads to expungement; family witnesses – credibility assessed by trial court; right to legal representation not automatic without request and certification; nondisclosure of complainant’s statement not fatal absent prejudice.
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14 December 2023 |
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An equivocal or unsupported guilty plea vitiates an attempted rape conviction and leads to quashing of the conviction.
Criminal law — Plea of guilty — Plea must be unequivocal and establish legal ingredients of offence; contradictions between facts read in court and cautioned statement; omission of victim's age/gender under section 132(2)(a) Penal Code; coerced/confused pleas; miscarriage of justice — quashing conviction and setting aside sentence.
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14 December 2023 |
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Conviction quashed because identification by recognition was unreliable after failure to name suspect at earliest opportunity.
* Criminal law – Identification by recognition – Visual identification is inherently unreliable and must be treated with caution – Failure to name suspect at earliest opportunity undermines reliability. * Criminal procedure – Second appeal – limited to points of law under s.6(7)(a) AJA. * Conviction quashed where identification evidence showed real risk of mistaken identity.
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14 December 2023 |
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Conviction based on recognition identification quashed due to unexplained failure to name the suspect at the earliest opportunity.
* Criminal law – identification by recognition – caution in acting on visual identification – Waziri Amani principle.
* Evidence – failure to name suspect at earliest opportunity undermines reliability of identification.
* Appellate jurisdiction – second appeal confined to questions of law under section 6(7)(a) AJ Act.
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14 December 2023 |
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14 December 2023 |
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Applicant failed to account for delay or show arguable grounds for review; extension of time refused with costs.
* Civil procedure – extension of time – Rule 10 Court of Appeal Rules – requirement to show good cause and account for each day of delay.
* Review applications – requirement to indicate arguable grounds under Rule 66(1) when seeking extension.
* Delay caused by court office procedures – does not relieve applicant of duty to act promptly and account for subsequent delay.
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14 December 2023 |
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A three‑year unexplained delay in serving notice of appeal is inordinate; applicant failed to show good cause for extension.
* Civil procedure – extension of time – requirements for showing good cause – factors: length of delay, reasons, diligence, prejudice, point of law (Lyamuya, Devram, Bushiri).
* Delay of over three years without adequate explanation or accounting is inordinate and may justify refusal to extend time.
* Applicant must account for each day of delay and demonstrate prompt action upon discovery of omission.
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14 December 2023 |
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Where reinstatement is impracticable after long delay, compensation under the saved provisions of the repealed employment law is appropriate.
Labour law – procedural fairness/right to be heard; nullity of disciplinary proceedings for want of hearing; remedy where reinstatement or retrial is impracticable – compensation under section 40A(5) of the Security of Employment Act; ELRA transitional provisions preserving repealed substantive labour laws.
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14 December 2023 |
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Court dismissed appeal, holding preliminary hearing and evidence admission proper and prosecution proved murder beyond reasonable doubt.
* Criminal law – murder – sufficiency of evidence – material contradictions versus minor inconsistencies; * Criminal procedure – preliminary hearing – documents may be tendered by prosecutor; requirements of section 192 CPA; * Evidence – admissibility of post‑mortem report; author identification in evidence; * Forensic evidence – DNA testing not compulsory; * Assessors – duty to direct on legal points, omission curable if no miscarriage of justice.
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14 December 2023 |
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Rape conviction quashed where victim’s testimony was inconsistent, medical report absent and material witnesses were not called.
* Criminal law – Rape – sufficiency of prosecution evidence – credibility of victim’s testimony and requirement of proof beyond reasonable doubt. * Evidence – medical evidence (PF3) and attendance of examining doctor – importance and consequences of non-production. * Evidence – failure to call material witnesses – adverse inference under Evidence Act and case law. * Appellate review – scrutiny of witness credibility and re-evaluation of safety of conviction.
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14 December 2023 |
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Court upheld statutory rape conviction: victim credible, age and penetration proved; appeal dismissed.
* Criminal law – Statutory rape – proof of age and penetration – victim’s testimony as best evidence; PF3 and school register as evidence of age. * Criminal procedure – Preliminary hearing under s.192 Criminal Procedure Act – proper conduct and purpose. * Criminal procedure – Succession of magistrates – s.214 compliance and absence of miscarriage of justice. * Evidence – Credibility and corroboration in sexual offence cases.
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14 December 2023 |
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Court upheld that a fixed-term contract terminated a pre-existing permanent contract and affirmed res judicata.
Employment Law – Concurrent employment contracts – Termination and effects of fixed-term contracts on indefinite contracts – Parol evidence rule in contract disputes – Applicability of res judicata in employment disputes.
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14 December 2023 |
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A fixed‑term appointment supplants a prior unspecified‑term employment; oral promise to revive it is inadmissible against the written contract.
* Labour law – fixed‑term appointment v. unspecified (permanent) contract – whether fixed‑term appointment terminates prior permanent contract automatically.
* Employment contracts – possibility of concurrent full‑time contracts – impracticability; part‑time exception distinguished.
* Evidence – parol evidence rule (s.100 & s.101 Evidence Act) and s.14(2) ELRA – oral agreement cannot vary written employment contract unless exception applies.
* Procedural – res judicata issue raised but not dispositive once primary contractual issues resolved.
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14 December 2023 |
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Applicant’s delay and failure to plead or diligently pursue correction of a defective certificate of delay warranted dismissal of extension application.
Civil procedure – extension of time – Rule 10 and 48(1) of the Court of Appeal Rules; requirement that grounds be pleaded in notice and affidavit; negligence and lack of due diligence not good cause; defective certificate of delay; inability to rely on grounds raised only in submissions.
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14 December 2023 |
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Extension of time to file revision granted where delay was promptly explained and alleged denial of hearing constituted good cause.
* Civil procedure — Extension of time under Rule 10 — good cause requirement — factors: length of delay, reasons for delay, prejudice.
* Extension of time — illegality of impugned decision — denial of right to be heard may constitute good cause if apparent on face of record.
* Probate/procedure — locus/standing — party appearing via suo motu district court review may properly appeal to High Court.
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14 December 2023 |
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Failure to read prosecution documents under s.246(2) CPA invalidates committal and quashes convictions.
Criminal procedure — Committal proceedings — Section 246(2) Criminal Procedure Act — Subordinate court must read or cause to be read information and prosecution documents — Mere listing of documents insufficient — Non‑compliance vitiates committal and subsequent trial; remedy: nullification, quashing of conviction and remittal for fresh committal.
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14 December 2023 |
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Review application dismissed: alleged bias, denial of hearing and manifest error not established; review cannot substitute an appeal.
Review jurisdiction — Rule 66(1) AJA/Rules — only for manifest error on face of record or deprivation of right to be heard; bias and bench composition — complaint must be timely and supported; re‑litigation via review not permitted; unincorporated association and property ownership considered in appellate evaluation of evidence.
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14 December 2023 |