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Citation
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Judgment date
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| December 2018 |
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Preliminary objection alleging documents were drawn by an unqualified person was not a pure point of law and was overruled.
Civil procedure — Preliminary objection — Must raise a pure point of law (Mukisa test) — Allegation that appeal documents were drawn by an unqualified person requires factual inquiry — Business Names Act s.23 not applicable to court filings; Court of Appeal Rules govern preparation and filing of appeal documents.
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14 December 2018 |
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Appeal remitted for locus in quo inspection to ascertain whether the disputed house is on Plot No.16 or No.17.
Land dispute – conflicting evidence as to whether disputed house is on Plot No.16 or No.17; locus in quo inspection/additional evidence appropriate in exceptional cases; Rule 36(1)(b) CA Rules invoked; trial court to involve senior land officer and certify findings.
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14 December 2018 |
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Affidavit annexures are evidence; applicants for extension of time must account for every day of delay or relief will be refused.
Administrative law – extension of time – documents annexed to affidavit constitute evidence – submissions are not evidence – applicant must account for every day of delay (Lyamuya and Bushiri principles).
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14 December 2018 |
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Omission of the written application for copies renders the appeal incompetent and time‑barred.
Appeal procedure – Rule 90(1) and (2) – application for copies of proceedings and service requirement; Record of appeal – Rule 96(1)(k) – necessary documents; Overriding objective – cannot override mandatory procedural requirements; Time bar – omission renders appeal incompetent; Costs – High Court fee exemption does not cover appellate costs.
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14 December 2018 |
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Affidavit annexures are evidence, but failure to account for all days of delay justified refusal of extension.
• Civil procedure – extension of time – applicant must account for every day of delay; delay must not be inordinate; applicant must show diligence (Lyamuya principles).
• Evidence – affidavit and annexures constitute evidence and need not be separately tendered as exhibits in chamber summons proceedings; submissions are not evidence.
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13 December 2018 |
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Tribunal could order vacant possession after pastor’s removal; application by authorized representative and tribunal had jurisdiction.
Land law – eviction/recovery of possession after termination of residence; jurisdiction of District Land and Housing Tribunal versus labour jurisdiction; competence of applications signed by representatives; pecuniary jurisdiction under s.33(2)(a) Cap.216; admissibility of witness testimony.
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13 December 2018 |
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Applicant improperly sought revision instead of appealing High Court's refusal of leave under section 47(1); application struck out.
Land law – section 47(1) Land Disputes Courts Act – exclusive High Court jurisdiction to grant leave to appeal in land matters. Appellate procedure – revisional jurisdiction under section 4(3) AJA is not an alternative to appeal where a right of appeal exists. Procedure – omnibus applications for leave to appeal against more than one decision are incompetent unless matters consolidated. Procedural fairness – denial of rehearing does not cure the requirement to pursue statutory appeal remedy.
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12 December 2018 |
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A defective charge omitting essential statutory provisions and particulars vitiated the trial, leading to quashing of convictions.
Criminal procedure – charge particulars – necessity to state the specific offence and cite the statutory provision creating the offence (s.132, s.135 CPA). Criminal law – rape and gang rape – distinction between substantive offence (s.130(1),(2)(a) Penal Code) and definition/punishment provisions (s.131A(1),(2)). Fair trial – defective charge denying clear notice of offence and punishment vitiates conviction. Procedural irregularity – substitution of charge and failure to identify accused may cause fatal confusion.
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12 December 2018 |
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A prisoner hands an endorsed notice to the prison officer satisfies section 361(1)(a); registry omission does not render appeal incompetent.
Criminal procedure – Appeal notices by prisoners – Compliance with section 361(1)(a) CPA by handing notice to prison Officer In-charge – duty of prison authorities to transmit and Registrar to file – failure of Registry does not invalidate competent appeal.
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11 December 2018 |
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Revision cannot substitute for an appeal where a statutory right of appeal exists; application struck out with costs.
Civil procedure – Revision v Appeal – Where a statutory right of appeal exists (s.47 Land Disputes Courts Act), revisional jurisdiction of the Court of Appeal is not the appropriate remedy except in exceptional circumstances. Appellate Jurisdiction Act s.4(3) – Court-initiated revision vs party-initiated revision. Revision – requirement to show exceptional circumstances; record-based complaints. Procedural remedy – apply for leave/certificate or extension of time to appeal where time-barred.
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11 December 2018 |
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Appeal allowed where firearm and ammunition were not properly identified and prosecution evidence was materially contradictory.
Criminal law – unlawful possession of firearm and ammunition – proof of possession and identification of exhibits. Evidence – identification of exhibits in court; tendering by investigator versus seizing/possessing witness; chain of custody. Credibility – material contradictions in witnesses’ descriptions undermining prosecution case. Procedure – collective admission of exhibits and miscitation of procedural section not necessarily fatal.
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11 December 2018 |
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Omission of the statutory subsection making rape of a child under ten punishable by mandatory life rendered the charge fatally defective, quashing conviction and ordering release.
Criminal law – Charge sheet – Fatal defect by omission of statutory subsection prescribing mandatory sentence – Prejudice to accused – Proceedings founded on defective charge are a nullity – Retrial inappropriate where charge is incurably defective.
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11 December 2018 |
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A charge omitting the substantive offence provision and identification particulars is fatally defective and invalidates the conviction.
Criminal law – Charges – A charge must state the specific offence and cite the creating provision and applicable punishment; failure to cite substantive section and punishment renders a charge fatally defective and denies fair trial. Criminal procedure – Particulars – Substitution of a charge and discharge of an accused requires clear identification of remaining accused to avoid confusion.
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11 December 2018 |
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A charge omitting the mandatory-life provision (s.131(3)) prejudiced the applicant, rendering conviction and sentence a nullity.
Criminal law – Charge-sheet – Omission to cite s.131(3) Penal Code (mandatory life sentence) – Fatal defect rendering proceedings a nullity; prejudice to accused; retrial inappropriate where charge incurably defective; requirement that accused knows the legal description and punishment category charged.
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8 December 2018 |
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Appeal allowed in part: attempted murder conviction quashed and substituted with grievous harm where intent to kill was not proved.
Criminal law – Charge substitution – Section 380(1) is definitional not constitutive of offence; section 211(b) suffices for attempted murder. Identification – daylight, proximity and familiarity sustain visual ID. Witness contradictions – minor discrepancies immaterial where explained by loss of consciousness or shock. Mens rea – intent to kill must be proved; absence may reduce offence. Rule 38 – appellate substitution of conviction and sentence to lesser offence (grievous harm s.225).
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7 December 2018 |
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Attempt to murder conviction overturned for lack of intent; conviction substituted to grievous harm with seven-year sentence.
Criminal law – Attempted murder – requirement of mens rea for attempt; substitution to lesser offence – grievous harm (s225). Criminal procedure – amendment/substitution of charge – effect of citing section 380(1) (definition of attempt). Identification – visual identification in daylight and witness familiarity. Evidence – material vs. minor contradictions among witnesses.
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7 December 2018 |
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Charge irregularity was not fatal; attempted murder not proved, conviction substituted to grievous harm and seven-year sentence imposed.
Criminal law — attempted murder; substitution of charge including s.380(1) — s.380(1) defines 'attempt' and does not create a separate offence — visual identification in daylight and witness familiarity — minor contradictions immaterial — mens rea for attempted murder not established — conviction substituted to grievous harm (s.225) under Rule 38.
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6 December 2018 |
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Change of magistrate without recorded reason and inadmissible post‑restraint statement led to quashing of the appellant's conviction.
Criminal procedure – change of magistrate – section 214(1) CPA – requirement to record why predecessor could not complete trial; non‑compliance renders successor’s proceedings a nullity. Evidence – cautioned/confessional statement – section 50(1)(a) CPA and section 51 CPA – statements recorded outside four‑hour period inadmissible without lawful extension. Admissibility – trial‑within‑a‑trial – necessity for ruling and reading of documentary statements before use. Proof – theft by servant – need for direct evidence linking accused to possession/misappropriation of specific funds. Appellate powers – Court’s exercise of revisional jurisdiction under section 4(3) AJA where conviction unsupported and appellant released.
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6 December 2018 |
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Failure to record reason for magistrate change and unlawful cautioned statement made the conviction unsafe and was quashed.
Criminal procedure – change of magistrate – non-recording of reason for predecessor's inability to complete trial – section 214(1) CPA – jurisdictional consequence; Evidence – admissibility of cautioned statement – compliance with section 50(1)(a) CPA (four-hour rule) and section 51 (extension) – trial-within-trial and formal ruling; Sufficiency of evidence – requirement to prove accused received or had custody of allegedly stolen funds; Appellate jurisdiction – exercise of revisional powers under section 4(3) AJA where retrial impractical.
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6 December 2018 |
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Recent-possession conviction unsafe where stolen item was not proved in accused’s possession and crucial owner not called.
Criminal law – armed robbery – identification at scene – unreliable identification insufficient for conviction; Doctrine of recent possession – requirements for application; Constructive (special) possession – charge may allege possessor as owner; Failure to call crucial witness (room owner) – adverse inference; Evidence – record of search and certificate of seizure admitted collectively as exhibit PIII.
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6 December 2018 |
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Conviction quashed where s214(1) breach and inadmissible post-four-hour cautioned statement rendered evidence insufficient.
Criminal procedure – change of magistrate – section 214(1) CPA – requirement to record reason for predecessor magistrate's inability to complete trial – failure renders successor's proceedings without jurisdiction and a nullity. Admissibility of cautioned statement – section 50(1)(a) CPA four-hour rule – statement recorded outside the period without extension under section 51 is inadmissible; trial-within-trial requires a ruling on admissibility. Evidence – sufficiency of proof in theft by servant – need to prove accused received/appropriated funds; circumstantial gaps may render conviction unsafe. Appellate jurisdiction – exercise of revisional powers under section 4(3) AJA where necessary to remedy miscarriages of justice.
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5 December 2018 |
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Material contradictions, defective seizure documentation and inadequate expert identification made the wildlife-trophy conviction unsafe.
Criminal law – unlawful possession of government trophy; search and seizure – statutory certificate of seizure/search (s.22(3) Economic and Organized Crimes Control Act; s.38(3) CPA); contradictions in prosecution evidence; expert identification – requirement to provide scientific criteria; chain of custody and suspicion of planting evidence; conviction unsafe.
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4 December 2018 |
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A defective certificate of delay (incorrect application date) rendered the appeal time-barred and thus struck out.
Civil procedure – Appeal time limits – Rule 90(1) Court of Appeal Rules – Certificate of delay – Defective certificate (incorrect application date) invalidates exclusion of time; error goes to root of document; appellant’s duty to verify record under Rule 96(5); overriding objective cannot cure mandatory procedural defects; appeal time-barred and struck out.
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3 December 2018 |
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Conviction for unlawful possession of wildlife trophy quashed due to material contradictions, inadequate expert identification and improper search.
Criminal law – unlawful possession of wildlife trophy – adequacy of search and seizure procedures – expert identification of animal parts – material contradictions in prosecution evidence – proof beyond reasonable doubt.
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3 December 2018 |
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Failure to properly identify and tender the seized firearm, and inconsistent evidence, entitled appellant to benefit of doubt.
Criminal law – unlawful possession of firearm and ammunition – identification and tendering of exhibits – possessor/custodian should identify and tender seized items; failure to show exhibit to arresting witnesses vitiates certainty – benefit of doubt. Evidence – material contradictions between witnesses affect credibility. Procedure – collective marking of exhibits curable; mis-citation of statutory provision not necessarily fatal.
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1 December 2018 |
| November 2018 |
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Conviction quashed where exhibits were not properly identified and prosecution witnesses gave material, credibility‑undermining contradictions.
Criminal law – possession of arms – identification of exhibits; chain of custody; tendering of exhibits by investigator versus seizing/possessing witnesses; material contradictions in prosecution witnesses; collective marking of exhibits; benefit of doubt.
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10 November 2018 |
| October 2018 |
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Court upheld murder convictions: malice inferred from weapons, injuries and conduct; cautioned statements' irregularity immaterial.
Criminal law – Murder – Malice aforethought – inference from weapons, nature/number/location of wounds, number of blows and attackers' utterances; Evidence – Identification in mob incidents – reliability of contemporaneous eyewitness identification; Evidence – Admissibility of cautioned statements – use for impeachment under s.154 Evidence Act and effect of delay in recording; Forensic evidence – non-essential where direct identification and seizure soon after incident link weapon to crime.
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19 October 2018 |
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Discrepant case numbers rendered the High Court appeal a nullity; the Court quashed its proceedings and judgment under s.4(2) AJA.
Criminal procedure – appeal – effect of discrepant case numbers in Notice of Appeal and appellate record – improperly constituted appeal renders proceedings a nullity. Appellate jurisdiction – section 4(2) AJA – power to quash appellate proceedings and judgment where appeal was not properly before the court. Case management – importance of accurate case identification in appeals.
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12 October 2018 |
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Court quashed judgments for failure to enter conviction before sentencing and remitted record for proper judgment.
Criminal procedure – Mandatory requirement to enter conviction before sentence (s.235(1) Criminal Procedure Act); judgment must specify offence and legal provision (s.312(2) CPA); appellate jurisdiction – limits on first appellate court entering conviction; remedy – quash and remit under s.4(2) Appellate Jurisdiction Act.
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12 October 2018 |
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Substituting an original rape charge for a more serious gang-rape charge without notice is unlawful and prejudicial; evidence was insufficient.
Criminal law — Charge substitution — Section 300 Criminal Procedure Act — Minor/cognate offences only — Cannot upgrade to greater offence; fair trial rights — accused must be informed and allowed to defend substituted charge; insufficiency of evidence — acquittal and release.
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12 October 2018 |
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Uncorroborated unsworn testimony and inadmissible hearsay could not sustain the appellant's conviction for unnatural offence.
Criminal law – Unnatural offence – Sufficiency of prosecution evidence – Conviction cannot rest on uncorroborated unsworn testimony. Evidence – Hearsay – Testimony of witnesses who did not witness the offence is hearsay and of no evidential value. Corroboration – Evidence requiring corroboration cannot itself constitute corroboration. Procedure – Failure to call material witnesses and variance between charge and evidence resolved in favour of accused. Medical report (PF3) – Absence of findings consistent with alleged sexual assault weakens prosecution case.
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12 October 2018 |
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The appellant's appeal was struck out as time-barred due to an invalid certificate of delay and late filing.
Civil procedure – Appeal time limits – Rule 90(1) Court of Appeal Rules, 2009 – certificate of delay must be free from error; a material miscalculation vitiates the certificate. Computation of time – Rule 8(d) exclusion of court-closed days – effect on the last day of prescribed period. Preliminary objections – competency of appeal – consequences of defective certificate of delay.
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11 October 2018 |
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Failure to enter conviction before sentencing is a fatal irregularity; court must quash and remit for proper judgment.
Criminal procedure – mandatory entering of conviction before sentence – s.235(1) Criminal Procedure Act – contents of judgment – s.312(2) Criminal Procedure Act – fatal irregularity rendering judgment a nullity – appellate court cannot enter conviction in place of trial court – remedy: quash and remit under s.4(2) Appellate Jurisdiction Act.
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11 October 2018 |
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Extension of time granted where applicant accounted for delay and alleged illegality justified a second‑bite leave application.
Civil procedure – extension of time under Rule 10 – "good cause" test (Lyamuya factors) – applicant’s ignorance, accident and indigence as explanations for delay – alleged illegality in impugned decision can justify extension regardless of delay – burden to rebut hospital/indigence claims.
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11 October 2018 |
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Substituting rape to gang rape without notice prejudiced the accused; conviction unsafe and appellants released.
Criminal procedure — substitution of charge — section 300(1) & (2) Criminal Procedure Act — substituted offence must be minor and cognate; right to know charge and opportunity to defend — substitution to a more serious offence without notice prejudicial and unlawful; conviction unsafe where evidence does not support substituted charge; appellate revision under section 4(2) Appellate Jurisdiction Act.
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11 October 2018 |
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Allowing assessors to cross-examine and failing to sum up on alibi vitiated the trial; retrial ordered.
Criminal procedure – assessors’ functions – assessors may put questions through the court but must not cross-examine; failure to properly sum up to assessors (including on alibi) vitiates trial; trial without aid of assessors; revisional powers to quash and order retrial.
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10 October 2018 |
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Alleged irregularities in the impugned decision and attendant circumstances justified an extension of time to seek leave to appeal.
Extension of time – Rule 10 Court of Appeal Rules – "good cause" and Lyamuya factors; procedural ignorance and lack of representation; evidentiary burden to rebut affidavit evidence (hospital discharge); proof of indigency; alleged illegality in impugned decision as sufficient ground for extension.
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10 October 2018 |
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An acquittal alone does not prove malicious prosecution; complainant’s reasonable belief and lack of malice must be shown.
Tort — Malicious prosecution — Elements required: prosecution; termination in favour of plaintiff; absence of reasonable and probable cause; malice (malus animus); damages. Criminal acquittal — Acquittal does not, by itself, establish malicious prosecution. Reasonable and probable cause — Accuser’s honest belief grounded on reasonable investigation and suspects’ confessions. Malice — Must be shown as ill-will or spite, not mere absence of guilt.
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10 October 2018 |
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Malice aforethought inferred from weapons, injuries and conduct; cautioned statements in cross‑examination did not overturn conviction.
Criminal law – murder – malice aforethought inferred from weapon type, number of blows, injury location and attackers’ utterances; identification in mob killings; cautioned statements admitted under s.154 Evidence Act for impeachment; lack of forensic testing of weapon not fatal where direct identification and seizure shortly after incident exist.
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9 October 2018 |
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Conviction quashed where charge failed to specify rape category and applicable sentencing provision, undermining fair trial rights.
Criminal law – Charge sheet requirements – Failure to specify category of rape under s130(2) and the applicable subsection of s131 – non‑compliance with s135(1)(a)(ii) CPA – prejudice to fair trial – conviction quashed under s4(2) AJA.
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9 October 2018 |
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An unequivocal guilty plea bars appeal except on sentence; statutory life sentence upheld.
Criminal law – Plea of guilty – Procedure for taking plea (section 228(2) CPA) – Unequivocal plea – Appeal barred where accused convicted on own plea (section 360(1) CPA) – Unnatural offence – Statutory life sentence.
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9 October 2018 |
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Allowing assessors to cross-examine and failing to sum up on alibi vitiated the trial; conviction quashed and retrial ordered.
Criminal procedure – Trials with assessors – Assessors may only put questions through the court, not cross-examine witnesses (s.177 Evidence Act). Criminal procedure – Summing up – Trial judge must adequately sum up to assessors on all vital points of law, including alibi (s.265 CPA). Fair trial – Allowing assessors to cross-examine or failing to sum up properly vitiates trial and warrants retrial.
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9 October 2018 |
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Appellants' murder convictions upheld: malice aforethought and common intention proved; cautioned statements non-determinative.
Criminal law – Murder – malice aforethought in mob killing; identification and common intention; admissibility and use of cautioned statements (s.154 Evidence Act); forensic examination of weapon not indispensable where positive eyewitness identification and seizure soon after incident.
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8 October 2018 |
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Conviction quashed due to unsafe identity established by a single name and absence of key witnesses, despite properly admitted child evidence.
Criminal law – Unnatural offence – proof beyond reasonable doubt – requirement to establish identity beyond reasonable doubt. Evidence – Child witness – section 127(2) Evidence Act – voire dire to test understanding and intelligence – proper reception of unsworn evidence. Criminal procedure – identity recognised by a single name is unsafe; failure to call key witnesses (housemaid, watchman) may render conviction unsafe. Appellate procedure – second appeal will not entertain grounds not raised in first appeal (lack of jurisdiction).
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8 October 2018 |
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Identification in daylight and minor timing inconsistencies did not vitiate conviction; appeal dismissed.
Criminal law – Identification – Sufficiency of evidence of identity where victim and a corroborating witness who knew accused identified him in daylight. Criminal procedure – Materiality of inconsistencies – Minor discrepancies in time not fatal to prosecution case. Criminal procedure – Remittal and re‑entry of conviction – Procedural irregularity where different magistrate enters judgment but no shown prejudice.
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8 October 2018 |
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Appeal from an unequivocal guilty plea is limited; conviction affirmed but life sentence reduced to 30 years.
Criminal law – unnatural offence – guilty plea – limitations on appeals under section 360(1) CPA – grounds not raised on first appeal cannot be entertained – admissibility/scrutiny of PF3 (Exhibit PEI) raised late – sentencing discretion: life sentence reduced to 30 years for conviction involving a 12-year-old victim under section 4(1) AJA.
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8 October 2018 |
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Extension of time granted where affidavits showed diligent but unsuccessful attempts to serve respondents at unknown addresses.
Civil procedure — Extension of time — Rule 10 Court of Appeal Rules — "good cause" — discretion to extend time judicially — consideration of length and reason for delay, diligence and arguability — difficulty of service where respondents' addresses unknown — affidavits evidencing repeated unsuccessful attempts to effect service.
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4 October 2018 |
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Court extended time to serve written submissions after applicant proved inability to effect service due to unknown respondent addresses.
Extension of time – Rule 10 Court of Appeal Rules – good cause – discretion exercised judicially – factors: length of delay, reasons for delay, arguable case – service of documents – unknown addresses and unsuccessful service attempts.
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4 October 2018 |
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Identification evidence reliable, minor contradictions immaterial, procedural irregularity non‑prejudicial — appeal dismissed.
Criminal law – Unnatural offence – Evidence of the victim as primary proof and corroboration by an eyewitness; identification in daylight and prior acquaintance reducing risk of mistaken identity. Criminal procedure – Appellate remittal under s.235 and s.312(2) CPA – requirement that trial court comply with appellate directions and risks of procedural irregularity when a different magistrate delivers judgment. Evidence – Minor inconsistencies (time of incident) not fatal unless they go to the root of the case.
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4 October 2018 |
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The appellant’s appeal was struck out for lodging an incompetent record and an invalid certificate of delay.
Court of Appeal Rules — Record of appeal — Duty to lodge complete and correct record (Rule 96(1),(3),(5)) — Certificate of delay requirements under Rule 90(1) — Defective/vague certificate invalid — Omission of documents fatal to appeal — Appellant’s obligation to correct record; cannot shift burden to respondent.
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4 October 2018 |