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Citation
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Judgment date
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| August 2016 |
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Failure to state grounds in a notice of motion renders the applicant's application incompetent and struck out.
Civil procedure – Court of Appeal Rules, 2009 – Rule 48(1): Notice of Motion must state grounds for relief; failure renders application incompetent. Civil procedure – Rule 10: Court’s jurisdiction to extend time; citation of inapplicable Limitation Act does not oust jurisdiction. Preliminary objections – must raise pure points of law; factual disputes or matters requiring proof or discretion are not appropriate for preliminary determination. Defects of service, missing annexures, and failure to lodge written submissions are not necessarily pure points of law.
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30 August 2016 |
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Real exhibits require authentication and unbroken chain of custody; s.246(2) CPA mandates disclosure of documents at committal.
Evidence — Admissibility — Real exhibits require proper authentication or an unbroken chain of custody; witness must establish familiarity or physical identifiers (e.g., chassis number). Evidence — Documentary exhibits — Section 246(2) CPA requires reading/explaining statements/documents containing substance of witnesses’ evidence at committal; non-compliance renders such documents inadmissible at that stage. Evidence — Section 289(1) CPA — Non-disclosed items at committal may be introduced later only as additional evidence with proper notice.
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5 August 2016 |
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Conviction based on unidentifed recent possession was unsafe; appeal allowed, conviction quashed and sentence set aside.
Criminal law – armed robbery – doctrine of recent possession – four elements required – positive identification of stolen property by complainant – generalized description insufficient – failure to prove identification renders conviction unsafe.
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5 August 2016 |
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Unsworn adult testimony and illegally recorded cautioned statements undermined the theft conviction and sentence.
Criminal procedure – Evidence: s.198 Criminal Procedure Act requires oath/affirmation for witnesses; s.127(2) Evidence Act exception limited to children of tender years. Cautioned statements: non-compliance with ss.50–51 CPA and failure to read statements in court renders them inadmissible. Hearsay and lack of identification negate invocation of doctrine of recent possession. Sentencing: change of sentencing magistrate without record and sentence exceeding statutory power unlawful.
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5 August 2016 |
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Court affirmed rape conviction of a 13‑year‑old's grandfather: prosecutrix's credible evidence, corroboration and medical proof sustained conviction.
Criminal law — Rape of a child — Proof beyond reasonable doubt — Best evidence from prosecutrix; corroboration by relative and medical evidence. Evidence — Voir dire on child witness — Failure to conduct voir dire not automatically fatal where evidence is credible and unprejudiced. Appellate review — First appellate court's omission to consider defence is curable where no miscarriage of justice resulted; higher court may remedy omission. Evidence — Minor contradictions between witnesses do not necessarily vitiate a credible prosecution case. Procedure — PF3 admissible when properly tendered through the officer who issued and returned it.
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5 August 2016 |
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Applicant's conviction for raping a 13‑year‑old upheld on credible prosecutrix and corroborative medical evidence.
Criminal law – Rape – Carnal knowledge of a girl under 18 – Proof beyond reasonable doubt; Evidence – Competence of child witness – voir dire under s.127(2) Evidence Act; Trial procedure – in camera proceedings and prejudice; Appellate review – first appellate court omissions; Evidentiary contradictions – admissibility and weight; PF3 – tendering and admission of medical evidence.
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5 August 2016 |
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Murder convictions quashed; insufficient proof of malice and death from excessive force in self‑defence warrants manslaughter conviction.
Criminal law – Murder vs manslaughter – Requirement to prove malice aforethought; credibility of eyewitness evidence; prejudice by trial judge at no‑case stage and effect on fair trial; where death results from excessive force in self‑defence conviction is for manslaughter (s.18B, s.195 Penal Code).
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5 August 2016 |
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5 August 2016 |
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Court dismissed appeal: police witness failed to authenticate vehicle; exhibits register not read at committal as required by s.246(2) CPA.
Evidence — admissibility — relevance, materiality, competence — authentication of real evidence — identification or chain of custody required. Criminal Procedure Act, s.246(2) — statements or documents containing substance of witnesses’ evidence must be read/explained to accused at committal for later tender at trial. Chain of custody — break in custody undermines competence to tender real exhibits. Documentary evidence — non‑compliance with s.246(2) may be cured only by tendering as additional evidence under s.289(1) CPA.
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4 August 2016 |
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Conviction based on unsworn adult testimony, hearsay and irregular cautioned statements was quashed for illegality and insufficiency.
Criminal procedure – section 198(1) Criminal Procedure Act – mandatory oath or affirmation for every witness in criminal proceedings. Evidence Act – section 127(2) limited to children of tender years; does not permit unsworn evidence from competent adults. Cautioned statements – sections 50 and 51 CPA – statements recorded outside statutory timeframe and irregularly received are inadmissible and must be expunged. Evidence – hearsay and lack of exhibit/identification – doctrine of recent possession cannot sustain conviction without admissible proof. Sentencing – change of sentencing magistrate without recorded reasons and sentence exceeding statutory limit render sentence irregular/ illegal.
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4 August 2016 |
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Appellant’s in-court confession and intact chain of custody upheld conviction for trafficking cocaine hydrochloride.
Criminal law – Narcotics trafficking – Possession and trafficking of cocaine hydrochloride – Forensic identification by Government Chemist – Chain of custody for excreted and seized pellets – Admissibility and weight of in-court confession.
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3 August 2016 |
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Proceedings after the respondent's death without joining his legal representative abate and are void; Court quashed post-death proceedings.
Civil procedure – death of a party – Order XXII r.4 CPC – requirement to join deceased party’s legal personal representative within 90 days – failure to do so causes abatement of suit and renders subsequent proceedings null and void. Appellate jurisdiction – exercise of revisional powers under section 4(2) Appellate Jurisdiction Act to quash post-death proceedings.
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2 August 2016 |
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Admission plus intact chain of custody and chemical identification upheld conviction for trafficking; cocaine hydrochloride is a statutory narcotic.
Criminal law – trafficking in narcotic drugs – chain of custody and admissibility of seized items – chemical analysis identifying cocaine hydrochloride – statutory definition of "narcotic drugs" under Cap 95 R.E.2002 – in-court confession as strong corroborative evidence.
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2 August 2016 |
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Trial of a child in a non‑juvenile court and without a social welfare officer is a nullity requiring quashing and release.
Child law – definition of child under Law of the Child Act – children under 18 to be dealt with by Juvenile Court; Jurisdiction – lack of Juvenile Court designation renders trial court without jurisdiction ratione personae; Procedure – mandatory presence of social welfare officer under s.99(1)(d); non‑compliance vitiates proceedings; Remedy – nullification and quashing of conviction and order for release.
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1 August 2016 |