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Citation
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Judgment date
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| November 1984 |
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Reported
Civil Practice and Procedure - Appeal - Notice of motion - Application for leave to appeal to Court of Appeal and leave to appeal out of time - Whether can be made to the Court of Appeal - R. 44 Court of Appeal Rules G.N. 102 of 1979. |
10 November 1984 |
| October 1984 |
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General prior inter-tribal tension did not amount to legal provocation; appellant’s murder conviction and death sentence upheld.
Criminal law – Murder – Defence of provocation – General inter-communal tension does not constitute immediate legal provocation; provocation must be immediate and sufficient to reduce culpability.
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16 October 1984 |
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An employer-tenant may recover possession from an employee-occupier after employment ends; NHC exemption did not bar recovery.
Landlord and tenant law; acquisition of buildings; head landlord v. contractual tenant; sub-tenancy by employee; effect of G.N.86/1970 exempting NHC premises from sections 19 and 20 of the Rent Restriction Act; recovery of possession on termination of employment; ownership and return of furniture; mesne profits.
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1 October 1984 |
| September 1984 |
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Reported
Family law - Custody of Children - Whether allegation of emergency situation has to exist before a pendente lite order for custody of
children.
Family Law - Maintenance of spouse - When court is empowered to make interim order of maintenance. |
17 September 1984 |
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Conviction for making a false customs document upheld; accomplice evidence corroborated and appeal dismissed.
* Criminal law – Offence under Customs and Transfer Tax Management Act s.148(a) – making a false document; accomplice evidence and corroboration; compliance with Criminal Procedure Code s.196(1). * Evidence – corroboration of accomplice testimony by surrounding facts (possession of parcels, payment of tax, disappearance of documents). * Appeal – appellate courts’ review of credibility findings and sufficiency of corroboration.
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10 September 1984 |
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10 September 1984 |
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Court upheld appellant's conviction for making false customs documents despite missing declarations and accomplice testimony.
* Criminal law – Offence of making a false document – section 148(a), Customs and Transfer Tax Management Act; corroboration of accomplice evidence; missing customs declaration forms not necessarily fatal to prosecution case; appellate review of credibility findings and compliance with procedural safeguards (section 194(1) CPC).
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10 September 1984 |
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Signing an unauthorized payment voucher constituted forgery and supported a theft conviction; appeal dismissed.
* Criminal law – Forgery – Signing of payment voucher without requisite authorization – essential step to procure cheque; * Criminal law – Theft – disappearance of purchased goods and inference of misappropriation; * Criminal law – Common intention – joint participation in forging and procurement; * Appeal – Deference to concurrent findings of trial and first appellate courts; * Defence – pressure of work, inexperience, mistake or negligence not establishing reasonable doubt.
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10 September 1984 |
| July 1984 |
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Appellant’s stabbing of an unarmed man during lawful apprehension not excused by self-defence or provocation; murder conviction upheld.
* Criminal law – murder – self-defence – requirements for reasonable apprehension of death or grievous harm where accused is being lawfully apprehended.
* Criminal law – provocation – verbal threats inconsistent with peaceful conduct do not necessarily amount to legal provocation.
* Evidence – malice aforethought – deliberate knife thrust into chest of unarmed person establishes malice aforethought.
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20 July 1984 |
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Self‑defence rejected; deliberate stabbing of unarmed man while subject to lawful arrest upheld as murder; appeal dismissed.
* Criminal law – Murder – malice aforethought – deliberate stabbing of an unarmed person constituted sufficient malice. * Criminal law – Self‑defence – requirement of reasonable apprehension of death or grievous harm when using lethal force. * Criminal procedure – Lawful attempt to effect arrest – surrounding a house peaceably and summoning militia does not justify use of lethal force by the suspect. * Provocation – verbal threats inconsistent with peaceful conduct do not amount to legal provocation.
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20 July 1984 |
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Uncorroborated single eyewitness identification based on demeanour can be insufficient to prove murder beyond reasonable doubt.
* Criminal law – identification evidence – reliance on single eyewitness: adequacy and scrutiny required.
* Evidence – witness credibility – effect of delay in reporting and inconsistencies on reliability.
* Standard of proof – prosecution must prove guilt beyond reasonable doubt; uncorroborated, questionable identification may be unsafe.
* Appeal – trial judge's reliance on demeanour alone is insufficient where material weaknesses exist.
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20 July 1984 |
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A heavy blow to the head causing a subdural haematoma satisfies causation and malice aforethought for murder; appeal dismissed.
* Criminal law – Murder – Causation – Whether a head injury caused death three days later (subdural haematoma and ruptured ileum) – application of section 203 of the Penal Code.
* Criminal law – Murder – Mens rea – Malice aforethought – inference of intent to kill or cause grievous harm from use of a very heavy weapon (section 200(a)).
* Defence of provocation – Insulting words and cultural/contextual arguments – evidential insufficiency and non-exculpatory nature of alleged words.
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20 July 1984 |
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Appellant’s speech to armed villagers constituted counselling and procurement of murder, sustaining his murder conviction and dismissal of appeal.
Criminal law – incitement, counselling and procuring murder; speech to an armed crowd as criminal procurement; evidentiary assessment of eyewitness testimony; conviction under Penal Code provisions for counselling murder.
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20 July 1984 |
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Appellant's inflammatory speech counselled and procured murder; conviction and death sentence upheld.
Criminal law – Incitement/counselling and procurement of murder; liability under s.22(d) Penal Code; credibility of eyewitness evidence of inciting speech; distinction between arson and murder as consequence of incitement.
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20 July 1984 |
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Appellate court quashed murder conviction for insufficient evidence and unreliable eyewitness identification.
Criminal law – Murder – sufficiency of evidence; causal link between proven assault and fatal injury; reliability of sole eyewitness identification; effect of delay in reporting and arrest on identification evidence.
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20 July 1984 |
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Conviction quashed: single delayed eyewitness evidence and lack of causal link to fatal wound made prosecution case insufficient.
* Criminal law – murder – sufficiency of evidence – requirement to prove causal link between assault and fatal injury. * Criminal procedure – identification – reliability of single eyewitness testimony and impact of delayed reporting and arrest. * Evidence – contradictions and lack of nexus between described means of assault and cause of death undermine conviction.
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20 July 1984 |
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An extra-judicial confession corroborated by physical exhibits can sustain a murder conviction and be upheld on appeal.
* Criminal law – murder – extra-judicial confession admissible and may be preferred to in-court testimony when supported by circumstances. * Evidence – physical exhibits (skull fracture, shoes, pole) may justify inferences as to direction, force and intent. * Murder – single fatal blow inflicted from behind can demonstrate malice aforethought. * Appeal – appellate court will not lightly disturb trial judge's credibility findings and inferences from exhibits.
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11 July 1984 |
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Appellant’s late plea of provocation rejected; spearing from the back with a spear established malice and murder conviction upheld.
Criminal law – murder – provocation defence – credibility of late reliance on provocation; evidence – wound inflicted in the back and use of a spear indicating malice aforethought; failure to call an eyewitness and adverse inference.
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9 July 1984 |
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Appeal against murder convictions dismissed: intoxication and provocation defences failed due to lack of evidence and premeditation.
* Criminal law – Murder – intent – whether intoxication negated mens rea – lack of evidence of incapacity to form intent.
* Criminal law – Provocation – whether sudden grave provocation reduced culpability – pre-arming and deliberate entry indicate absence of heat of passion.
* Criminal procedure – Appeal against conviction – appellate review of findings on intoxication and provocation where trial evidence supported intent and guilt.
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9 July 1984 |
| June 1984 |
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Appellate court upheld trial judge’s rejection of belated self‑defence; assault conviction affirmed and appeal dismissed.
Criminal law – assault versus murder – causation and reasonable doubt where alternative medical condition exists; credibility of accused – inconsistent extra‑judicial statements and belated self‑defence; appellate deference to trial judge's findings of fact and witness credibility.
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25 June 1984 |
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Appellate court upheld rejection of self‑defence and dismissed appeal after finding prosecution witnesses credible.
Criminal law – self‑defence – appellate review of trial judge’s credibility findings – appellate court will defer to trial judge who preferred prosecution witnesses where evidence supports conviction.
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25 June 1984 |
| May 1984 |
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Evidence - Circumstantial - Mysterious disappearance of deceased from company of appellant - Silence appellant - Blood stains of deceased’s group found on the appellant’s cloth - Incriminating circumstances on a murder charge |
8 May 1984 |
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Court of Appeal restored trial convictions for theft and attempted theft, finding handwriting and bank evidence sufficient and overruling procedural objections.
Criminal law – theft and attempted theft – sufficiency of evidence – handwriting/signature identification, bank testimony, provenance of cheque leaves from stolen cheque book; appellate procedure – scope of second appeal and validity of appeal where leave granted.
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2 May 1984 |
| April 1984 |
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Circumstantial evidence surrounding a dying declaration sufficiently corroborated identification and sustained the murder conviction.
* Criminal law – conviction based on dying declaration – need for corroboration and sufficiency of circumstantial corroboration.
* Criminal law – identification evidence – reliability where incident occurred at night and witness descriptions vary.
* Circumstantial evidence – conduct after the incident (possession of weapon, failure to assist, refusal to admit police) as corroboration.
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27 April 1984 |
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Circumstantial evidence and conduct can sufficiently corroborate a dying declaration to uphold a murder conviction.
Criminal law – murder – dying declaration – necessity for corroboration – circumstantial evidence as corroboration; identification in dark conditions; accused’s conduct as corroborative circumstance.
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27 April 1984 |
Contract - Formation - Agreement made verbally - Arrangement lasted for five years - Whether valid contract. Contract - Agency - Agent incurs expenses to run the business - Nature of agency. Contract - Agreement carries no terms - Duty of the Court. Contract - Agency - Contract carries no terms - Termination - Whether court to imply reasonable notice of termination |
27 April 1984 |
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Court affirms conviction; original record cured typed-record defects and trial was not a nullity.
Criminal law – sufficiency of evidence to infer knowledge and participation in conspiracy and theft; credibility and inferences from conduct and silence; criminal trial procedure – validity of a three-magistrate panel’s judgment where typed record shows only two signatures or one magistrate taking evidence; original record curing defects in typed proceedings.
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27 April 1984 |
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The applicant’s appeal against conviction for conspiracy and theft dismissed; trial found valid despite signature discrepancies.
Criminal law – Conspiracy and theft – Sufficiency of evidence – Inference from conduct and omissions – Appellate review; Criminal procedure – Alleged irregularity in magistrates’ judgment – Typed proceedings versus original record – Unanimous decision established by signed original entries.
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27 April 1984 |
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Court upheld manslaughter convictions, dismissed cross‑appeal for murder, and reduced each sentence to ten years.
Criminal law – killing during abduction – distinction between murder and manslaughter where trial judge finds no intention to kill; constructive or implied malice under s.200(c) not to be broadly applied; liability of co‑accused under s.23 (common intention); sentence reduction where pre‑trial custody not accounted for.
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27 April 1984 |
| March 1984 |
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Appeal allowed: tribunal and Minister had jurisdiction under s.9A/s.9B; union need not be involved; reinstatement valid.
* Labour law – Permanent Labour Tribunal Act s.9A and s.9B – jurisdiction to inquire and to make decisions on trade disputes; * Trade union involvement – whether registered trade union/Secretary General is necessary party to s.9A proceedings; * Security of Employment Act s.6(1)(g) – timing and requirement of consultation before redundancies; * Natural justice – whether Minister must separately hear employer; * Remedies – availability of reinstatement under Minister's decision and review by certiorari.
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29 March 1984 |
| January 1984 |
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Agreement for machinery import and supply void for fraud and uncertainty; no contractual duty to supply raw materials.
Company law – apparent authority of agent to bind company; Contract law – void for fraud and uncertainty where no price fixed; Import regulation allegations not determinative of contract validity; Contractual obligation – supply of raw materials voluntary, not contractual; Accounting appropriation – improper reallocation of payment between accounts.
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1 January 1984 |
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Reported
Criminal Law - Punishment - Detention ordered under Preventive Detention Act - Whether, punishment within the meaning of Section 21 of the Penal Code. |
1 January 1984 |
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Dying declaration held admissible but insufficient alone; conviction requires independent corroboration.
Criminal law – Dying declaration – admissibility where answers given to non-leading questions – Fluctuating capacity to speak – Dying declaration requires corroboration before conviction – Circumstantial evidence (last-seen testimony, scene sketch, blood, distance) as corroboration.
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1 January 1984 |