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Citation
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Judgment date
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| October 2025 |
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Court upheld rape conviction: the appellant properly identified, witnesses credible, s.34B evidence admissible; cautioned statement expunged.
Criminal law – rape – visual identification – familiarity and failure to cross-examine; witness credibility – naming at earliest opportunity; cautioned statement – defective certification renders it inadmissible; written statements under s.34B (now s.36) – cumulative requirements, notice within ten days and reasonable steps to procure attendance; second appeal – new factual grounds not entertained.
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24 October 2025 |
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Application for stay struck out for non‑compliance with Rule 11(7) and material variance between notice and annexures.
Civil procedure – Stay of execution – Compliance with Rule 11(7) Court of Appeal Rules – mandatory attachments (notice of appeal, decree/order, judgment/ruling, notice of execution). Civil procedure – Executing Officer’s ruling versus consent decree – appealability and executability as prerequisites to stay relief. Civil procedure – Consistency required between notice of motion, supporting affidavit and annexures; material variance amounts to abuse of process.
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23 October 2025 |
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Court held suit alleged fraudulent transfer, not Registrar's administrative act, and remitted it pending joinder of necessary parties.
Land law – alleged fraudulent transfer vs administrative deletion of name – distinction determines proper forum and procedure under Land Registration Act. Jurisdiction – section 102 Land Registration Act inapplicable where cause of action is civil fraud, not an appealable act by the Registrar. Civil procedure – necessary parties and duty of the court to add them under Order 1 rule 10(2) CPC to enable complete adjudication. Appellate powers – Court may quash and remit for trial where procedural errors occurred but underlying cause of action is properly pleaded.
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23 October 2025 |
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A court must not dismiss the applicant's suit for lack of locus standi without evidence; the matter must be heard on merits.
Civil procedure – Preliminary objection – locus standi – Lack of locus standi is a factual issue requiring evidence and cannot alone justify dismissal. Evidence – Annexures to pleadings are not exhibits – cannot be relied on unless tendered, tested and admitted. Procedure – Competence vs merits – Preliminary points touching competence should not result in termination; appropriate remedy may be striking out and remittance for hearing on merits. Remedy – Appeal allowed, costs, record remitted for determination on merits.
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20 October 2025 |
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A magistrate's unexplained recusal and later resumption vitiates proceedings and mandates retrial before a different magistrate.
Criminal procedure – Case management and assignment of magistrates – Judicial recusal and resumption – Failure to give reasons vitiates proceedings – Prejudice test under section 388 not applicable where recusal/resumption lacks explanation – Retrial ordered.
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17 October 2025 |
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Recognition identification by a known victim and lack of defence evidence upheld the rape conviction; appeal dismissed.
Criminal law – Identification by recognition – victim who knew accused and had opportunity to observe aided identification; Rape – victim’s testimony entitled to credence; Appellate procedure – new grounds raised at Court of Appeal barred by s.6(7) AJA; Effect of failure to cross‑examine or testify – weakens defence/amounts to tacit acceptance.
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17 October 2025 |
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Conviction quashed because night-time visual identification was unsafe and uncorroborated.
Criminal law – Rape – Identification evidence – Visual identification at night must be watertight (Waziri Amani test) – Failure to specify torch intensity/position and presence of others undermines identification. Evidence – Corroboration – Evidence requiring corroboration cannot constitute its own corroboration. Trial procedure – Where identification is unsafe, conviction must be quashed; other defects may be left unaddressed as academic.
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17 October 2025 |
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Trial by a magistrate other than the one named in the High Court transfer order is a fatal jurisdictional defect.
Criminal procedure – transfer under section 256A(1)/274(1) – transfer must be to a specifically named resident magistrate with extended jurisdiction – plea, preliminary hearing and trial to be conducted by that named magistrate – trial by a different magistrate is a fatal irregularity vitiating proceedings, conviction and sentence.
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17 October 2025 |
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Buyer deemed to have accepted goods by signing delivery note and prolonged use; trial inspection without proper production was procedurally flawed.
Sale of Goods Act s.37 – deemed acceptance by buyer; Evidence Act s.62(2) – inspection of goods and admissibility; burden of proof on buyer to prove non‑conformity; caveat emptor; procedure for production of physical exhibits; reliance on delivery note and prolonged use.
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17 October 2025 |
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Conviction upheld; life sentence for 18‑year‑old quashed as illegal and release ordered.
Criminal law – Unnatural offence – elements: anal penetration, victim's age, identity of perpetrator; conviction upheld where victim and eyewitness credible and medical evidence corroborates. Evidence – Child witness procedure – non‑compliance with section 127(2) not fatal where credibility and corroboration established. Evidence – Immaterial number of witnesses; absence of some witnesses not fatal where case proved beyond reasonable doubt. Sentencing – section 160B and child‑protection provisions: life sentence unlawful for an 18‑year‑old first offender; appellate court may set aside illegal sentence and order release.
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17 October 2025 |
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Appeal struck out for lodging notice of appeal out of time and for lodging it after obtaining a certificate instead of before.
Civil procedure — Appeals — Notice of appeal must be lodged within 30 days under Rule 83(2); where leave/certificate needed, notice must precede application under Rule 46(1); delay not excused by erroneous legal advice — appeal struck out as incompetent.
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17 October 2025 |
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Conviction quashed: sexual assault proved but identity of assailant not established; inadmissible delayed cautioned statement and missing key witness fatal to prosecution.
Criminal law – sexual offence – identity of assailant must be proved beyond reasonable doubt; victim's testimony plus medical evidence may prove occurrence but not necessarily identity. Evidence – visual identification – where assailant is unfamiliar, identification is unsafe without parade or corroboration. Evidence – adverse inference – failure to call a crucial witness (good Samaritan) can justify adverse inference against prosecution. Procedure – cautioned statement recorded outside four-hour limit – absence of section 51 extension requires expungement.
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17 October 2025 |
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Failure to pursue agreed arbitration rendered the court proceedings and appeal incompetent and led to nullification under s.6(2) AJA.
Arbitration clause – mandatory contractual dispute resolution by negotiation then arbitration – failure to exhaust agreed procedure renders court proceedings, judgment and decree null and incompetent; Court of Appeal may invoke s.6(2) AJA to nullify; no costs where defect raised suo motu and parties concur.
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17 October 2025 |
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Conviction quashed where courts failed to consider defence and prosecution failed to call a crucial witness.
Criminal law – sexual offences – evaluation of evidence – necessity to consider defence evidence; delay in reporting – immaturity and threats as possible justification; failure to call crucial witness – adverse inference against prosecution; medical testing (HIV) irrelevant if not probative.
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17 October 2025 |
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Appellants failed to rebut respondent’s proof of negligent lane departure; residual-value award upheld and appeal dismissed with costs.
Civil appeal — concurrent findings of fact — appellate interference only for misapprehension of evidence or miscarriage of justice; Negligence — lane departure established by eyewitness testimony and sketch map; GPS speed evidence not determinative; Failure to call investigator — no adverse inference where investigating traffic officer testified; Special damages — must be pleaded and proved but valuation evidence from TEMESA sufficed and award was within depreciation range.
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16 October 2025 |
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An improperly conducted locus in quo, without oath, cross‑examination or record, vitiates the trial proceedings.
Locus in quo — discretionary but, if conducted, must comply with procedural safeguards: presence of parties, evidence on oath, cross‑examination, full recording, sketch plan if necessary; failure to observe these vitiates proceedings and merits remittal for rehearing.
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16 October 2025 |
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Appeal allowed: rape conviction quashed for defective identification and insufficient proof of penetration.
Criminal law – Rape – ingredients: penetration, lack of consent, identity; Visual identification and recognition – need for careful analysis of surrounding circumstances (Waziri Amani); Medical evidence and delay in reporting affect proof of penetration; Inconsistencies and omissions in eyewitness testimony undermine conviction.
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16 October 2025 |
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Appellant’s rape conviction and 30‑year sentence upheld: identification and medical evidence found reliable; arraignment delay non‑fatal.
Criminal law – rape – visual identification – Waziri Amani factors; evidence – medical expert opinion admissible under section 52; procedure – oath/affirmation under OSDA; arraignment delay under s.33(1) CPA – not fatal absent shown prejudice.
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16 October 2025 |
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Systemic failure to administer oaths to CMA witnesses vitiated arbitration proceedings, warranting nullification and rehearing.
Labour law — arbitration proceedings — mandatory oath/affirmation of witnesses under G.N. No. 67/2007 and Oaths Act — unsworn evidence vitiates proceedings — systemic omission not curable by overriding objective — remit for trial de novo.
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16 October 2025 |
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Appellant’s rape conviction upheld: identification, penetration and victim’s age sufficiently proved; procedural irregularities non‑prejudicial.
Criminal law – Rape – Identification by recognition at close proximity; corroboration by sibling and medical evidence; statutory rape – proof of age by inference; Evidence Act s.127(2) – promise versus oath for child witnesses; irregular exhibits – expungement and survival of oral corroboration; failure to call corroborative witnesses not necessarily fatal.
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16 October 2025 |
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The CMA lacks jurisdiction to arbitrate disputes from collective bargaining agreements after failed mediation; such arbitration is void.
Labour law – collective bargaining agreements – disputes arising from collective agreements are referred to the CMA for mediation only; if mediation fails the dispute must be referred to the Labour Division of the High Court; CMA has no jurisdiction to arbitrate after failed mediation; arbitration proceedings in such circumstances are void ab initio.
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16 October 2025 |
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An appeal to enforce defamation damages abates on the respondent's death because defamation claims do not survive.
Civil procedure – Appeal abatement on death – Whether defamation claims survive the death of alleged defamer – actio personalis moritur cum persona. Court of Appeal Rules, r.105 – joinder of legal representative does not revive causes of action excluded by statute. Law Reform (Fatal Accidents and Miscellaneous Provisions) Act, s.9(1) proviso – defamation excluded from survivable causes of action. Precedent considered – persuasive authority that appeals to enforce defamation damages abate on death of party.
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15 October 2025 |
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Conviction quashed where dying declarations and a repudiated confession failed to reliably establish the assailant's identity.
Criminal law – murder – elements: death, unnatural cause, identity, malice aforethought. Evidence – dying declarations (oral and written) – admissibility, need for corroboration, weight dependent on circumstances. Identification by recognition at night – necessity to describe source and intensity of light and corroborative evidence. Confessions – repudiated cautioned statements require corroboration and cannot corroborate other evidence that also needs corroboration. Evaluation of trial-within-a-trial and overall assessment whether prosecution proved guilt beyond reasonable doubt.
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15 October 2025 |
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High Court erred enhancing procedural-unfairness compensation without reasons; CMA Form No.10 is administrative, not jurisdictional.
Labour law – unfair termination – procedural unfairness – compensation – discretionary award less than statutory twelve months where employer suffered loss. Labour procedure – CMA Form No.10 – administrative transmission of record, not jurisdictional prerequisite for High Court revision. Civil procedure – limitation – service of award must be proved; factual issues of service determined first by revisional court.
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15 October 2025 |
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Armed robbery conviction quashed for failure to prove theft; substituted to assault causing bodily harm and appellants released.
Criminal law – Armed robbery – elements: theft, weapon and violence – failure to prove theft vitiates armed robbery conviction. Evidence – identification: positive recognition of known persons aided by light is reliable. Evidence – hearsay vs direct evidence: absence of direct corroboration on theft creates reasonable doubt. Legal Aid – accused must apply and supply material for court certification under Legal Aid Act; failure to do so negates complaint of denial of counsel. Conviction substitution – where essential element unproven, appellate court may substitute lesser offence supported by evidence.
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15 October 2025 |
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Conviction quashed where trial court unreasonably refused appellant's request to recall prosecution witnesses, breaching right to be heard.
Criminal procedure – Transfer of case records – incorrect citation of statutory provisions (section 256A(1) CPA vs section 45(2) MCA) – minor procedural error excused where correct provision cited. Evidence Act s.147(4) – Recall of witnesses – discretionary power must be exercised with reasoned justification. Natural justice – right to be heard – unreasoned denial of opportunity to recall witnesses vitiates proceedings. Appeal – nullification and quashing where breach of fair hearing likely prejudiced the accused; remittal for reconsideration and expeditious retrial.
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13 October 2025 |
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Extra-judicial statement admitted in breach of procedural notice requirements must be expunged, undermining the prosecution's case against the applicant.
Criminal procedure – section 289 CPA – calling additional witness at trial without written notice – evidence liable to be expunged. Evidence – admissibility and reliance on extra-judicial/confessional statements – procedural compliance and corroboration requirements. Circumstantial evidence – necessity of independent corroboration where confessional or key evidence is expunged. Conviction unsafe where essential evidence admitted in breach of statutory procedure.
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13 October 2025 |
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Conviction quashed where victim’s evidence showed gang rape, not the single‑perpetrator rape charged.
Criminal law – variance between charge and evidence – gang rape v. rape; distinct offences and ingredients; misapprehension of victim’s evidence; cautioned statement and proof of non‑consent; admissibility and sufficiency of PF3 evidence.
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8 October 2025 |
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Failure to involve the accused in a disposal order of perishable trophies voids the inventory and undermines conviction.
Wildlife Conservation Act s.101 – disposal orders for perishable Government trophies – procedure when order likely to be relied upon in criminal proceedings. Right to be heard – suspect’s presence and opportunity to object when seeking disposal order. Admissibility of Inventory Form – invalid where disposal obtained without suspect’s participation. Insufficiency of prosecution case after expunging improperly procured inventory.
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7 October 2025 |