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Citation
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Judgment date
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| December 2012 |
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Daylight identification by a known complainant and the appellant's flight sustained conviction despite a charge‑sheet omission.
Criminal law – Identification evidence – identification in daylight by a known complainant and naming at earliest opportunity – reliability of ID. Criminal procedure – Charge particulars – variance/omission (CD) in charge sheet – amend under s.234(1) CPA; non-fatal where overall evidence sufficient. Circumstantial evidence – flight as indication of guilty conscience.
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7 December 2012 |
| October 2012 |
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Clerical or registrarial defects in a decree are amendable; appeal permitted subject to filing an amended decree.
Decrees — clerical/typographical errors — wrong statutory citation — amendable under Rule 111 Court of Appeal Rules; Registrarial omissions (seal/date) — not necessarily fatal; Prescribed forms under s.101(3) CPC — Indian CPC forms may be used with modification; Appropriate remedy — amendment of decree rather than striking out appeal.
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31 October 2012 |
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Procedural defects in medical report and oath did not vitiate conviction where credible unsworn testimony proved penetration.
Criminal law – Rape – Evidence of penetration – unsworn child‑complainant’s testimony and corroboration – PF3 admissibility and s.240(3) CPA non‑compliance – s.210(3) CPA procedural irregularity – appellate duty to give reasons.
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25 October 2012 |
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Rape conviction upheld despite PF3 and procedural defects because victim and supporting evidence proved penetration.
Criminal law – rape: sufficiency of evidence to prove penetration; Evidence Act s.127(2) and (7) – unsworn victim evidence and corroboration; Criminal Procedure Act s.240(3) – PF3 admissibility and right to call doctor; CPA s.210(3) – reading evidence to witness and curability of procedural irregularity; appellate procedure – requirement for reasoned judgment.
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12 October 2012 |
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Conviction quashed where deaf-mute witness’s evidence was improperly recorded and PF3 identity discrepancy created reasonable doubt.
Criminal law - Evidence of deaf and mute witnesses - Section 128 Evidence Act - requirement for interpreter to be sworn, competence and recording of signs; Identity and corroboration - discrepancy between charge sheet and PF3 medical form; Second appeal - disturbing concurrent findings where misapprehension of evidence and procedural irregularities amount to miscarriage of justice.
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1 October 2012 |
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Improperly recorded evidence of a deaf-mute complainant and PF3 name discrepancy rendered the applicant's conviction unsafe.
Evidence Act s.128 – reception of evidence by signs – interpreter must be properly sworn, competent and familiar with witness's sign language; signs should be recorded; PF3 discrepancy undermines corroboration; conviction unsafe where procedural and evidential defects exist.
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1 October 2012 |
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Ambiguous "it is true" plea and inadequate prosecutorial facts invalidated guilty plea; conviction and sentence quashed.
Criminal procedure – plea of guilty – adequacy of accused's admission; section 228(2) CPA – requirement to state substance and essential ingredients; prosecutor’s statement of facts must disclose material facts; plea vitiated by ambiguity or potential defence (intoxication); retrial discretion where time served and loss of evidence.
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1 October 2012 |
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Conviction quashed where an ambiguous guilty plea, inadequate prosecutor’s facts, and unclarified intoxication defence undermined justice.
Criminal procedure — Plea of guilty — Requirement for clear, unequivocal admission of the essential elements of the charge (s.228 Criminal Procedure Act) — Prosecutor’s statement of facts must disclose ingredients of offence — Plea induced by ambiguity or raising of defence (intoxication) undermines conviction — Appeal against guilty-plea conviction permissible where plea is ambiguous, induced by mistake, or where charge discloses no offence — Retrial discretionary where long custody and likely loss of evidence.
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1 October 2012 |
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Appellant failed to prove polling irregularities beyond reasonable doubt; election upheld and appeal dismissed with costs.
Election law – Election petition – Burden and standard of proof – "To the satisfaction of the High Court" construed as proof beyond reasonable doubt; petitioner must also prove candidate/agents were privy to non‑compliance under s.108(2)(b) and s.108(3). Evidence – Form 21B – Originals and copies – secondary (pink) copies require production of originals or compliance with Evidence Act before being admitted as proof; Notices to Produce necessary. Procedure – Handwriting expert evidence must be formally exhibited; trial court may reject documents found tampered with. Pleading – New complaints (e.g., non‑signature by agents) not pleaded cannot be raised late on appeal.
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1 October 2012 |
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Appeal from a Ward Tribunal was incompetent where the required section 47(2) certificate was not validly obtained.
Land law – Appeals from Ward Tribunal – Requirement of High Court certificate under section 47(2) Courts (Land Disputes Settlements) Act – Improper reliance on section 5(2)(c) Appellate Jurisdiction Act – Leave to appeal not substitute for statutory certificate – Jurisdictional defect renders appeal incompetent and struck out.
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1 October 2012 |
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An appeal from a Ward Tribunal needs a High Court certificate under section 47(2); failure to obtain it renders the appeal incompetent.
Land law — Appeals from Ward Tribunal — Requirement of High Court certificate under section 47(2) Courts (Land Disputes Settlement) Act — Inapplicability of Appellate Jurisdiction Act s5(2)(c) (pertaining to primary courts) — Leave to appeal not substitute for statutory certificate — Jurisdictional/ procedural defect fatal; appeal incompetent.
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1 October 2012 |
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An appeal from a Ward Tribunal requires a valid s.47(2) High Court certificate; failure renders the appeal incompetent.
Land law – appeals originating from Ward Tribunals – requirement of High Court certificate under s.47(2) Courts (Land Disputes Settlements) Act. Appellate procedure – distinction between s.5(2)(c) Appellate Jurisdiction Act (primary court appeals) and s.47(2) (Ward Tribunal appeals). Jurisdictional requirement – improper grounding of application renders certificate void; appeal incompetent and struck out.
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1 October 2012 |
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Applicant's Court of Appeal motion struck out as premature; High Court must reassign pending extension application for prompt determination.
Court of Appeal — Rule 4(2) application to strike out notice of appeal — Prematurity where High Court application for extension of time is pending; Duty of High Court registry and judges to ensure parties are served and matters progressed; Consequences of procedural neglect — reassignment to another judge; Ex parte attendance and service issues (Rule 63(2)).
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1 October 2012 |
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Application to strike out notice of appeal struck out as premature; High Court application to be reassigned and expedited.
Civil procedure – applications under Court of Appeal Rules Rule 4(2) – prematurity where lower court application for extension of time pending; duty of trial court to serve parties and prosecute applications expeditiously; reassignment and administrative directions where High Court inaction causes delay.
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1 October 2012 |
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Premature strike-out application dismissed; pending High Court extension application must be reassigned and decided expeditiously.
Civil procedure — Application under Rule 4(2) Court of Appeal Rules 2009 to strike out alleged notice of appeal — Premature if related High Court application for extension of time pending — Importance of proper service and judicial officers’ duty to ensure expeditious hearing — Reassignment to another judge ordered.
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1 October 2012 |
| September 2012 |
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An appeal without the required notice of appeal is incompetent and must be struck out.
Criminal procedure — Appeal competence — Notice of appeal mandatory under Rule 61(1) (1979) / Rule 68(1) (2009) — Non-compliance fatal — Appeal struck out — Explanation blaming prison officials insufficient to cure defect.
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29 September 2012 |
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Extension to file review dismissed for lack of good cause and no arguable Rule 66(1) ground.
Civil procedure – Extension of time under Rule 10 – requirement to show 'good cause' with particulars and to account for each day of delay. Review procedure – Rule 66(1) grounds required for review; allegations of witness credibility not a Rule 66(1) ground. Ignorance of law is not good cause for extension of time. Insufficient particulars regarding institutional equipment failure will not establish good cause.
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28 September 2012 |
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Conviction quashed where interpreter was improperly sworn and PF3 identification mismatched, making the evidence unsafe.
Evidence Act s128 — reception of evidence from deaf/dumb witnesses; interpreter competence and proper swearing; requirement to record signs; identification and PF3 discrepancies; sufficiency of evidence and safety of conviction; criminal appeal — quashing conviction for procedural and evidential defects.
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28 September 2012 |
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A terse admission like "it is true" is insufficient; conviction entered without proper factual admission was quashed and sentence set aside.
Criminal procedure – Plea of guilty – Requirements under s.228 C.P.A. – Plea must be an unequivocal admission of essential ingredients; mere words “it is true/it is correct” insufficient. Prosecutor’s statement of facts must disclose material facts and enable court to assess plea and sentence. Intoxication asserted in mitigation may amount to a defence requiring inquiry or trial. Appeal from conviction on guilty plea permissible where plea ambiguous, misapprehended or procured by irregularity. Retrial discretionary – consider time served and availability of evidence.
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28 September 2012 |
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An ambiguous 'It is true' plea and inadequate facts rendered the guilty plea invalid; conviction and sentence quashed.
Criminal procedure – plea of guilty – adequacy and clarity of plea; court must elicit an unequivocal admission of essential ingredients (CP Act s.228). Criminal procedure – statement of facts by prosecution must disclose material facts establishing the offence. Criminal law – defence of intoxication may require further inquiry or change of plea before sentencing. Appeal – conviction on ambiguous or improperly recorded guilty plea may be quashed; retrial discretionary considering time served and lost evidence.
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28 September 2012 |
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Only the appellant has locus standi under Rule 77(3) to apply for restoration of a withdrawn appeal; third parties cannot.
Criminal procedure – Appeal withdrawn under Court of Appeal Rules – Restoration of withdrawn appeal under Rule 77(3) – Locus standi – Only the appellant may apply for restoration; third parties (e.g., prosecution witnesses) lack standing.
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28 September 2012 |
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The applicants lacked locus standi to restore a withdrawn appeal; only the appellant may apply under Rule 77(3).
Appellate procedure – Withdrawal of appeal under Rule 4(2)(a) – Restoration of withdrawn appeal under Rule 77(3) – locus standi confined to the appellant. Standing – Third parties/prosecution witnesses – No entitlement to move Court to restore withdrawn appeal. Precedent – DPP v Thomas Mollel @ Askofu distinguishable and not applicable to confer standing.
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28 September 2012 |
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Non‑appellants lack locus standi to apply for restoration of a withdrawn appeal under Rule 77(3).
Criminal procedure – Court of Appeal Rules 2009 – Rule 77(3) – Restoration of withdrawn appeal – Locus standi – Only the appellant may apply to restore a withdrawn appeal.
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26 September 2012 |
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Application for leave to appeal struck out for citing wrong enabling rule; third appeal required statutory certificate.
Civil procedure – leave to appeal – enabling provision – necessity to cite correct rule (Rule 45) rather than general forms rule (Rule 48). Court of Appeal Rules – failure to cite correct enabling provision renders application incompetent and liable to strike out. Appellate Jurisdiction Act s.5(2)(c) – third appeals from primary courts require a certificate that a point of law is involved.
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20 September 2012 |
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Application for leave to appeal struck out for citing wrong rule and lacking required certificate for a third appeal.
Civil procedure – leave to appeal – correct enabling provision – Rule 45 vs Rule 48 of the Court of Appeal Rules. Applications – requirement to cite correct rule – failure renders application incompetent and liable to be struck out. Appellate jurisdiction – third appeal from primary court – requirement for certificate under section 5(2)(c) of the Appellate Jurisdiction Act.
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20 September 2012 |
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Extension of time refused: vague equipment failure and ignorance did not show good cause nor a Rule 66(1) review ground.
Civil procedure – extension of time – application under Rule 10 – "good cause" requires particularised factual account and accounting for each day of delay. Review procedure – Court of Appeal Rules 2009 – Rule 66(1) grounds for review; credibility complaints are not per se review grounds. Ignorance of law is not good cause for extension.
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20 September 2012 |
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An application for stay of execution must be filed within 60 days of lodging the notice of appeal; late applications are incompetent.
Civil procedure – Court of Appeal Rules 2009 – Rule 11(2)(c) (stay of execution) – Rule 90(1) (time for instituting appeal) – stay application must be filed within 60 days of lodging notice of appeal; late application incompetent absent extension.* Competence – failure to seek extension of time – ignorance of law and administrative delay insufficient to excuse lateness.* Relief – application struck out with costs.
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20 September 2012 |
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A single Justice lacks jurisdiction to rehear an identical extension application; the applicant must file a Rule 62(1) reference.
Court of Appeal procedure – Extension of time to file review – jurisdiction of a single Justice – Where a single Justice has dismissed an application, dissatisfied party must file a reference to three Justices under Rule 62(1). Review procedure – Rule 66(1) – necessity to state grounds for review and, where delay is blamed on prison equipment, to support affidavit with prison officer's statement.
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20 September 2012 |
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Stay application filed 70 days after notice of appeal was time-barred and struck out with costs.
Civil procedure — Appeal — Stay of execution under Rule 11(2)(c) — Interplay with Rule 90(1) — application must be filed within 60 days of lodging notice of appeal — late filing (70 days) time-barred — insufficient cause for extension (clerks' delay, ignorance).
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19 September 2012 |
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A single Justice lacks jurisdiction to rehear a dismissed extension application; a three‑Justice reference under Rule 62(1) is required.
Procedure — Court of Appeal — jurisdiction of a single Justice — reference to full Court under Rule 62(1) required where applicant is dissatisfied with a single‑Justice decision; review applications — need to plead grounds under Rule 66(1) and supporting affidavit from prison officer where relevant.
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19 September 2012 |
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A single Justice cannot re-hear a dismissed extension application; dissatisfied parties must file a Rule 62(1) reference to three Justices.
Court of Appeal — Procedure — Jurisdiction of single Justice — Rule 62(1) requires reference to a bench of three Justices where a person is dissatisfied with a single Justice’s decision — Repeat applications before a single Justice are misconceived and struck out.
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19 September 2012 |
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Convictions overturned where visual identification was unreliable and recent‑possession evidence lacked chain of custody.
Criminal law – visual identification – reliability at night and in surprise attacks; identification parades – procedural compliance required; recent possession – necessity of positive identification and unbroken chain of custody; section 192(3) CPA – effect of non‑compliance on admissibility and proof of post‑mortem and preliminary hearing matters; convictions unsafe where identification and possession evidence fail.
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19 September 2012 |
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Defective committal under s246(1) CPA nullifies High Court proceedings and warrants remittal for proper committal.
Criminal Procedure Act s246(1) — specific committal order required to submit accused to High Court jurisdiction; failure renders subsequent plea and preliminary hearing nullity. Appellate Jurisdiction Act s4(3) — Court may invoke revisionary powers to nullify proceedings and remit for proper committal. Strict compliance with committal formalities is mandatory.
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19 September 2012 |
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Appeal allowed: visual identification and recent-possession evidence were insufficient to sustain convictions, so convictions quashed.
Criminal law – Identification evidence – visual identification at night; requirements for watertight identification; Criminal law – Doctrine of recent possession – elements required: possession, positive proof of ownership, recent theft and nexus to charge; Evidence – contradictions among prosecution witnesses and effect on credibility; Conviction safety and appellate intervention.
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18 September 2012 |
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Convictions quashed where identification and recent-possession evidence were insufficient and witness accounts conflicted.
Criminal law – visual identification at night – requires watertight conditions; Doctrine of recent possession – elements and proof required; Witness credibility and contradictions – undermining prosecution case.
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18 September 2012 |
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Application withdrawn under Rule 58(1) as it was overtaken by events; withdrawal granted with no order as to costs.
Civil procedure – withdrawal of application – Rule 58(1) Court of Appeal Rules 2009 – application overtaken by events/mootness – absence and non‑objection by respondent – no order as to costs.
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18 September 2012 |
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Citing the wrong enabling rule for leave to appeal renders the application incompetent and it is struck out with costs.
Court of Appeal Rules — Leave to appeal — Correct enabling provision — Rule 45 vs Rule 48; Failure to cite correct rule renders application incompetent and liable to be struck out; Forms and notices — Rules 48(2) and 83(6); Appellate Jurisdiction Act s.5(2)(c) — certificate required for third appeal from primary court.
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18 September 2012 |
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Convictions unsafe where identification, parade procedures, recent possession and chain of custody were defective.
Criminal law – visual identification: requirement of favourable conditions and credible description; Identification parades – compliance with procedural safeguards; Recent possession – elements and necessity of unbroken chain of custody for exhibits; Admissibility under s.192(3) CPA – matters deemed proved must be properly established; Proof of cause of death – need for medical evidence to link accused to murder.
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18 September 2012 |
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Unreliable identification, flawed parade and broken chain of custody made murder convictions unsafe.
Criminal law – visual identification – reliability at night and credibility of identifiers; identification parades – required procedures and probative value; doctrine of recent possession – necessity of intact chain of custody; section 192(3) CPA – effect of non‑compliance on preliminary hearing evidence; requirement of medical evidence to prove cause of death and link to accused.
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16 September 2012 |
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Convictions quashed: courts failed to consider accused's defence and identification evidence was unsafe.
Criminal law — Robbery with violence — identification evidence — applicability of Waziri Amani principles on visual identification. Criminal procedure — failure by trial courts to consider accused's defence — misdirection and unsafe conviction. Evidence — identification at night and intoxicated witness increases risk of mistaken identification.
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16 September 2012 |
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15 September 2012 |
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Non‑compliance with statutory safeguards for child witnesses and inadequate credibility assessment led to quashing of conviction.
Evidence Act s.127(2) – child witnesses – statutory prerequisites for receiving unsworn evidence; unsworn evidence and corroboration; expunging of PF3 medical evidence; credibility assessment of prosecution witnesses; proof beyond reasonable doubt in sexual/unnatural offence cases.
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14 September 2012 |
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Non‑compliance with Evidence Act s127(2) in receiving child testimony rendered the conviction unsafe, so the applicant’s conviction was quashed.
Evidence Act s.127(2) – reception of child witness evidence; requirement of sufficient intelligence and understanding duty to speak truth; unsworn child evidence; sexual offences – need for corroboration/medical evidence (PF3); assessment of witness credibility; standard of proof beyond reasonable doubt.
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14 September 2012 |
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Nighttime visual identification was reliable due to lighting, familiarity and prompt naming, so the appeal was dismissed.
Criminal law – Armed robbery – Visual identification at night; adequacy of lighting; prior acquaintance of witnesses; duration of observation; immediate naming to police – credibility assessment by trial court.
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12 September 2012 |
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Nighttime identification was held reliable due to lighting, familiarity of witnesses, and immediate naming to police; appeal dismissed.
Criminal law – Armed robbery – Visual identification – Need to eliminate possibilities of mistaken identity (Waziri Amani principle). Evidence – Conditions favouring identification: lighting, familiarity with accused, duration of observation, immediate naming to police. Appellate review – Deference to trial court’s credibility findings absent misdirection.
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12 September 2012 |
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Absence of the decree from the appellant's record renders the appeal incompetent and justifies striking it out.
Civil procedure – Record of appeal – Decree as essential document – omission renders record defective and appeal incompetent; Preliminary objection – Mukisa test – objections based on disputed facts are inappropriate; Court of Appeal Rules – Rule 89(2)(v)/Rule 96(2)(e) (required documents); Court's residual power – Rule 4(2)(a) – striking out appeals for procedural defects.
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12 September 2012 |
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Stay of execution granted pending appeal where an amended decree was problematic and inconsistent with prior judgment.
Civil procedure — Stay of execution under Rule 9(2)(b) (Court of Appeal Rules, 1979) — Problematic or inconsistent "amended decree on appeal" — Notice of appeal and leave to appeal as preconditions — Preventing nugatory appeal and irreparable prejudice.
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12 September 2012 |
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The appellant's guilty plea was held ambiguous; conviction quashed and the case remitted for retrial from plea stage.
Criminal procedure – plea of guilty – requirement that plea be unequivocal; magistrate's duty to explain essential elements; exceptions to s.360(1) Criminal Procedure Act; procedural irregularities and omission of material particulars (victim's age) and absence of PF3 undermine pleas.
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12 September 2012 |
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Court granted stay of execution where an amended decree was problematic and inconsistent with the earlier quashing judgment.
Civil procedure – Stay of execution under Rule 9(2)(b) (Old Rules) – Discretionary power to stay pending appeal. Decrees – Validity of "amended decree on appeal" where no decree was extracted from prior judgment that quashed and set aside Tribunal decision. Execution – Execution of a problematic or inconsistent decree may render an appeal nugatory and justifies stay.
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10 September 2012 |
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An appeal is incompetent and is struck out where the record of appeal lacks the mandatory decree.
Civil procedure – Court of Appeal – Record of appeal – mandatory inclusion of decree – omission renders record defective and appeal incompetent. Civil procedure – Preliminary objection – objection based on disputed facts is not a valid preliminary objection (Mukisa principle). Court authority – residual powers (Rule 4(2)(a) Court of Appeal Rules, 2009) – power to strike out incompetent appeals.
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8 September 2012 |