|
Citation
|
Judgment date
|
| November 2008 |
|
|
A defective notice of appeal that fails Rule 61's mandatory particulars renders a criminal appeal incompetent and is struck out.
Criminal procedure — Notice of appeal — Rule 61 (Court of Appeal Rules, 1979) — Form B requirement — identification of court, case number, presiding judge and date — mandatory compliance — defective notice renders appeal incompetent — striking out; liberty to re-file after extension of time.
|
8 November 2008 |
| July 2008 |
|
|
Reported
Conviction quashed where alleged accomplice corroboration and identification were unsupported and defence ignored.
Criminal law – armed robbery; accomplice evidence – corroboration required under s.142 Evidence Act; alleged admissions to witnesses; inadequate identification of stolen property; failure to consider defence; appellate misdirection.
|
25 July 2008 |
| June 2008 |
|
|
Court substituted manslaughter for murder, holding self-defence and excessive force negated malice aforethought.
Criminal law – Self-defence – plea of the accused as sole eyewitness – scrutiny against circumstantial evidence. Use of excessive force in self-defence – reduces murder to manslaughter. Circumstantial evidence (struggle marks, disarming, disposal of head) – probative value and reasonable doubt. Post-offence lies – may be explained by fear/confusion and not definitive proof of mens rea.
|
3 June 2008 |
| May 2008 |
|
|
A defective notice of appeal and an improperly dated decree rendered the appeal incompetent and High Court proceedings a nullity.
Civil procedure – Notice of appeal – compliance with rule 77(1) – dates and service – defects may render appeal incompetent. Court of Appeal Rules – Record of appeal – requirement to include order granting leave (rule 89(2)(a)) and prescribed arrangement/index (rule 89(4)). Civil Procedure Code, Order XX r.7 – decree must bear date of judgment – failure renders decree and record defective. Appellate jurisdiction – revisional powers (s.4(2) AJA) – quashing High Court proceedings founded on a defective decree.
|
2 May 2008 |
|
Vague, late allegations of magistrate bias did not justify recusal or revisional interference; appeal dismissed, trial to continue.
Criminal procedure — Disqualification/recusal of magistrate — Applicant must show bad blood, close relationship or personal interest; mere vague or late allegations insufficient; recusal not warranted where allegations appear to be delaying tactics. Revision under s.372 Criminal Procedure Act — intended to correct apparent errors on face of record; not the proper remedy for discretionary interlocutory rulings denying recusal. Interlocutory orders — appellate remedy rather than revisional jurisdiction where no illegality or irregularity appears on record.
|
2 May 2008 |
|
Illegal post-arrest cautioned statement expunged, but independent witness and receiver evidence upheld conviction.
Criminal law – admissibility of cautioned statements – section 50 Criminal Procedure Act – statements recorded outside prescribed period inadmissible; Evidence – sufficiency of independent witness evidence after expunging illegal confession; Accomplice/receiver evidence – may ground conviction if credible with caution; Identification – conviction can rest on admissions and subsequent recovery/identification of stolen property.
|
2 May 2008 |
| April 2008 |
|
|
Court upheld the applicant's rape conviction on credible eyewitness and medical evidence; absence of semen not fatal.
Sexual offences – rape – proof of penetration – penetration however slight is sufficient; absence of semen not fatal to prosecution case. Evidence – credibility of eyewitness and medical evidence corroborating sexual assault. Criminal procedure – prosecution’s discretion as to which witnesses and exhibits to call.
|
25 April 2008 |
|
Applicant granted extension and leave to file a notice of appeal out of time due to court/registrar error and justice considerations.
Civil procedure – Extension of time under Court of Appeal Rules r.8; sufficiency of reasons for delay; court/registrar errors and counsel inadvertence; discretion to grant leave to file notice of appeal out of time; constitutional right to appeal; jurisdictional issue originating from tax matters.
|
25 April 2008 |
|
Night-time visual identification and inadequate corroboration rendered the conviction unsafe; appeal allowed and appellant released.
Criminal law – Visual identification – Night-time identification; factors: distance, duration of observation, intensity of light, prior acquaintance (Waziri Amani principles). Corroboration – Scope and quality required; corroboration cannot bolster inherently unreliable eyewitness evidence. Standard of proof – Prosecution must prove guilt beyond reasonable doubt; courts must not convict on weakness of defence.
|
24 April 2008 |
|
Reported
Court upheld appellants' convictions: identification and recovery evidence sufficient despite challenge to caution‑statement timing.
Criminal law – armed robbery; identification evidence in daylight and prior acquaintance; admissibility and timing of caution statements (s.50 CPA); recovery of stolen property as corroboration; appellate scrutiny of overall sufficiency of evidence.
|
23 April 2008 |
|
Reported
Appeal dismissed; conviction for sodomy of a child upheld on credible eyewitness evidence despite procedural omissions.
Criminal law – Unnatural offence (sodomy) against a child – evidence of child witnesses – voir dire – admissibility of prior police statement and PF3 (s.240(3)) – sketch plan – corroboration of child testimony – right to silence and s.231(1) rights explanation.
|
23 April 2008 |
|
Appellate court upheld conviction based on credible eyewitness child testimony despite procedural omissions.
Criminal law – Unnatural offence; Evidence – voir dire for child witness; Evidence – admissibility of PF3 and section 240(3) compliance; Eyewitness identification of child witnesses; Right to silence and adverse inference.
|
23 April 2008 |
|
Reported
Conviction quashed for failure to conduct/record child voir dire, call examining doctor, and fairly assess defence.
Evidence — Child witness — voir dire — requirement to determine and record that child has sufficient intelligence and understands duty to tell the truth (s127 Evidence Act). Criminal procedure — Medical report (PF3) — duty to inform accused of right to have examining doctor summoned for cross-examination (s240(3) Criminal Procedure Act); non-production undermines authenticity. Criminal appeal — failure to analyze and give reasons when rejecting defence may amount to miscarriage of justice warranting quashing of conviction.
|
23 April 2008 |
|
Applicant’s vague failure to disclose when corrected judgment was received defeated extension of time to seek leave to appeal.
Civil procedure – extension of time – applicant must account for delay by disclosing when he became aware of the decision – vague or inconsistent affidavits fail to show sufficient cause; procedural defects in Notice of Motion may be cured by grounds in affidavit but do not excuse substantive failure to account for delay.
|
22 April 2008 |
|
A precautionary extension under Rule 8 is appropriate where a High Court application for leave to appeal remains pending.
Extension of time – Court of Appeal Rules, r.8 – precautionary applications where leave to appeal pending in High Court – Rule 83(1) exception and certificate of delay – procedural compliance and service of notices.
|
22 April 2008 |
|
Reported
Recent-possession conviction upheld for leading participant; third appellant acquitted on doubts from contradictions and delays.
Criminal law – armed robbery – doctrine of recent possession – identification and possession of stolen goods shortly after theft – credibility, contradictions, delayed statements and absence of exhibits – appellate interference with concurrent findings of fact.
|
21 April 2008 |
|
Recent-possession conviction upheld for one appellant; convictions of two others quashed for inconsistent and uncorroborated evidence.
Criminal law – Armed robbery – Application of doctrine of recent possession where stolen property recovered shortly after theft. Evidence – Accomplice evidence – Necessity for corroboration where conviction rests primarily on another accused's statement. Evidence – Evaluation of contradictions, delays in statements and failure to tender exhibits affecting safety of conviction. Appellate review – Interference with concurrent findings where there are misdirections or unresolved inconsistencies.
|
21 April 2008 |
|
Daylight identification and recovered property upheld conviction despite possible delay in recording a caution statement.
Criminal law – armed robbery – identification evidence – prior acquaintance, daylight observation and corroboration by third party. Criminal procedure – cautioned statements – compliance with section 50 Criminal Procedure Act – effect of delayed recording and admissibility. Evidence – recovery of stolen property – serial numbers and receipts as corroboration. Appellate review – sufficiency of evidence notwithstanding procedural defects in statements.
|
21 April 2008 |
|
Reported
|
18 April 2008 |
|
Appeal dismissed: child’s identification and independent evidence upheld despite improper PF3 and unlawful cautioned statement.
Criminal law – Sexual offence (unnatural offence/sodomy) – Child witness competency under Evidence Act s127(5) – Admission of medical report PF3 and accused's rights under CPA s240(3) – Cautioned statement and CPA s50 – Visual identification by a single witness – Appeal dismissed.
|
18 April 2008 |
|
Possession of stolen goods shortly after an armed robbery and no explanation justified upholding the appellants' convictions.
Criminal law – Armed robbery – recent possession – possession of stolen property shortly after robbery and absence of satisfactory explanation – conviction upheld. Evidence – unlisted witness at preliminary hearing – duplication of testimony and harmlessness of omission.
|
18 April 2008 |
|
Reported
Failure to conduct/record a proper voir dire and to summon the examining doctor undermined the prosecution’s case; conviction quashed.
Criminal law – sexual offence against a child; Evidence Act s.127(2) & (7) – voir dire and finding on child witness competence; Criminal Procedure Act s.240(3) – right to have examining doctor summoned; Admissibility and authenticity of PF3 (medical report); Duty of trial court to consider and give reasons when rejecting defence.
|
18 April 2008 |
| January 2008 |
|
|
Whether a termination dispute seeking salaries and reinstatement is a trade dispute for Industrial Court jurisdiction.
Jurisdiction — distinction between trade disputes and labour disputes; interpretation of "in employment of that employer"; applicability of precedent on redundancy to wrongful termination; scope of Industrial Court's jurisdiction to award damages.
|
1 January 2008 |
|
|
1 January 2008 |