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Citation
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Judgment date
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| October 2025 |
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Apparent jurisdictional illegality on the face of the record justified extension to seek stay of execution.
Extension of time – stay of execution – good cause – Lyamuya principles; Apparent illegality on face of record (jurisdictional issue) may justify extension; Jurisdiction of High Court (Land Division) to determine matrimonial property/spousal consent versus contractual/ commercial jurisdiction.
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15 October 2025 |
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Failure by the CMA to decide a deferred jurisdictional preliminary objection rendered its award and subsequent Labour Court proceedings a nullity.
Labour law – preliminary objections and jurisdiction – Rule 23(8)-(10) & 23(9) GN No. 67 of 2007 – arbitrator may defer but must decide preliminary jurisdictional points after receiving evidence – failure to decide deferred jurisdictional objection renders award a nullity – remittal to CMA to compose fresh award.
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15 October 2025 |
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Failure to tender letters of administration and death certificate when disputed deprives the court of jurisdiction; proceedings nullified.
Administration and locus standi – necessity to tender letters of administration and death certificate when appointment is disputed; annexures to plaint not evidence unless admitted; lack of proof of representative status deprives court of jurisdiction and renders proceedings a nullity; dispute over spousal consent and valuation clause raised but not determined.
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15 October 2025 |
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An alleged joint owner cannot sue alone without proving representative authority; lack of locus standi nullifies proceedings.
* Civil procedure – locus standi – party alleging joint ownership cannot sue alone without pleading and proving representative authority; failure is jurisdictional and fatal. * Representative suits – instrument constituting appointment must be pleaded and attached. * Jurisdiction – defect of locus standi renders proceedings and judgment a nullity; revisional powers to quash.
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15 October 2025 |
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Failure to administer oaths to CMA witnesses vitiates proceedings; award quashed and matter remitted for rehearing.
Labour law – Evidence – Rule 25(1) GN No.67 of 2007 – mandatory oath/affirmation for witnesses – unsworn testimony inadmissible – failure vitiates proceedings – CMA award and High Court confirmation quashed – matter remitted for rehearing de novo.
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15 October 2025 |
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Appellant's in-absentia conviction and sentence, supported by improperly tendered and insufficient evidence, were quashed.
Criminal law – Conviction in absentia – duty under s.243(2) CPA to bring arrested convict before trial court to show cause; Evidence – admissibility and proper tendering of cautioned statements; Evidence – requirement to prove penetration, victim’s age and identity beyond reasonable doubt; PF3/medical report insufficiency to establish age or identity.
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15 October 2025 |
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Conviction quashed where oral and extra-judicial confessions were unreliable and improperly authorised.
* Criminal law – Evidence – Oral confession – requirement of voluntariness and corroboration; * Criminal procedure – Extra-judicial statement – authority of justice of the peace/ward executive officer and requirement of assignment to District Court-house; * Admissibility and credibility of cautioned (police) statements – timing and procedural inconsistencies; * Role of assessors – adequacy of summing up on corroboration of confession.
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13 October 2025 |
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Suo motu expunging of affidavit and dismissal without service violated appellant’s right to be heard; appeal allowed.
Civil procedure – natural justice – judge raising new issue sua sponte during judgment composition and expunging affidavit paragraph without hearing parties – violation of right to be heard; Civil procedure – dismissal for want of prosecution – fixing mention without service of summons – denial of fair hearing; Extension of time – restoration of application dismissed for want of prosecution.
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13 October 2025 |
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Conviction quashed for insufficient proof: victim’s doubtful credibility and PF3 insufficient to establish the offence.
Criminal law – Unnatural offence – Sufficiency of evidence – Victim credibility and delayed disclosure; medical report (PF3) as corroboration; identification by recognition/voice – reliability and need for corroboration; caution statement improperly admitted and expunged.
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13 October 2025 |
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Failure to describe disputed land in pleadings vitiated proceedings; judgments quashed and matter remitted for rehearing.
* Civil procedure – Pleadings – Mandatory requirement to describe immovable property (size, boundaries, neighbouring features) under Order VII – failure vitiates proceedings.
* Land law – Evidence – Insufficient to establish title: unchallenged testimony about graves/cultivation without locus in quo inspection or clear identification.
* Jurisdiction – A tribunal cannot grant substantive declaration of ownership in favour of a party absent a counterclaim.
* Remedy – Proceedings vitiated by defective pleadings; quash and remit for de novo hearing before a different chairperson and assessors.
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10 October 2025 |
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Second appellate court excluded an untimely cautioned statement and quashed conviction due to contradictions creating reasonable doubt.
Criminal law – second appeal limitation on new factual matters; succession of trial magistrates – section 214(1) CPA; proof of age in statutory rape – testimony of parent/guardian; admissibility of cautioned statement – requirement to prove arrest/detention time and four‑hour rule; reappraisal of evidence where material contradictions create reasonable doubt.
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9 October 2025 |
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Conviction quashed where extra-judicial statement was invalid and cautioned confession was unreliable and uncorroborated.
Criminal law – confessional statements – admissibility and probity of extra-judicial statements – who may record extra-judicial statements as justice of the peace (Magistrates’ Courts Act ss.51–52) – cautioned statements: need for corroboration, consistency and reliability – summing up to assessors on voluntariness of confession – miscarriage of justice due to unreliable confessions.
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9 October 2025 |
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Material variance between charge particulars and evidence on location rendered the prosecution's case unproven and convictions quashed.
* Criminal law – Unnatural offence – ingredients: penetration, against order of nature, identification of perpetrators. * Criminal procedure – Charge particulars – requirement for clear, accurate particulars including place of commission. * Evidence – material variance between charge and testimony on place of offence renders prosecution case unproven. * Statutory amendment – prosecution’s duty to amend charge under s.234(2) CPA (now s.251 R.E.2023); failure to amend is fatal. |
8 October 2025 |
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Material contradictions in child and witness testimony undermined the prosecution, leading to quashing of the rape conviction.
* Criminal law – Rape – proof beyond reasonable doubt – necessity for consistent, credible evidence identifying the perpetrator. * Evidence – Child witness competency – voir dire and assessment of intelligence under Evidence Act (s.127/135) – evidence receivable without oath if child understands duty to tell truth. * Criminal procedure – Form of charge – typographical errors (wrong date) do not invalidate a charge if particulars otherwise comply with statutory requirements. * Appellate jurisdiction – Second appeal limitation – court will not entertain new grounds of fact not raised in first appeal (AJA s.9(7)(a)). * Credibility – Material contradictions in prosecution witnesses can produce reasonable doubt and defeat conviction. |
8 October 2025 |
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Conviction quashed where medical evidence contradicted lay witnesses and penetration was not proved beyond reasonable doubt.
* Evidence — Tender-age witnesses — Proper procedure under section 127(2) of the Evidence Act versus voir dire; no prejudice where child understands promise to tell truth.
* Evidence — Sexual offences — Requirement to prove penetration; conflict between lay observations and medical (PF3) findings undermining proof of penetration.
* Appellate review — Interference with concurrent findings on second appeal where misdirection, non-direction or misapprehension of vital evidence causes miscarriage of justice.
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6 October 2025 |
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Failure to serve a witness statement copy and insufficient proof of violence and identification undermined armed robbery and possession convictions.
Evidence — Admissibility of out-of-court statement under s.34B(2)/s.36(2): mandatory service of copy ten days prior; non-compliance fatal. Criminal law — Armed robbery: essential elements include stealing and use or threat of violence; both must be proved. Criminal law — Recent possession: requires positive identification, recent theft and failure of reasonable explanation; misapplication invalidates conviction. Criminal procedure — Double jeopardy: conviction on both serious and lesser offences from same transaction may amount to double punishment.
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6 October 2025 |
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Conviction quashed due to material variances between the charge and prosecution evidence on consent and location.
* Criminal law – sexual offences – rape – essential element of consent must be precisely pleaded and proved; material variance between charge particulars and evidence invalidates conviction.
* Criminal procedure – variance between charge/facts read over and evidence – requirement to amend charge under section 234(1) CPA (now s.251) – failure to amend renders charge unproven.
* Evidence – place of occurrence – contradiction between preliminary facts and witnesses’ testimonies materially undermines prosecution case.
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6 October 2025 |
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A guilty plea must be unequivocal and encompass all offence elements; ambiguity renders conviction unsafe.
Criminal law – Plea of guilty – Unequivocal plea requirement – Plea must encapsulate all essential elements of charged offence; admission and exhibits must be properly handled – Defective charge may render retrial inappropriate.
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6 October 2025 |
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Court upheld an 11‑year‑old's unequivocal guilty plea and affirmed lawful detention during the President's pleasure under section 26(2).
Criminal procedure – plea of guilty – requirements when charge is read and plea recorded – admission of facts and exhibits; Penal Code s.26(2) – sentence of detention during President's pleasure for offenders under 18 – trial court's duty to pass sentence distinct from administrative enforcement under subsequent subsections.
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6 October 2025 |
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Conviction quashed where charge cited wrong provision and particulars omitted consent; retrial refused.
Criminal law — Charge and particulars — Requirement that charge correctly cite the applicable provision and disclose all ingredients — Plea of guilty — Plea entered on defective charge not unequivocal — Rape: necessity to allege lack of consent where victim is eighteen or older — Retrial discretionary where trial on wrong charge renders conviction unsafe.
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3 October 2025 |
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Failure to take an accused’s plea is a mandatory irregularity that nullifies the trial and quashes conviction.
* Criminal procedure – arraignment – plea‑taking mandatory under section 228(1) (now s.246(1)) of the Criminal Procedure Act.
* Failure to take plea – incurable irregularity – renders trial and subsequent judgments a nullity.
* Remedy – nullify proceedings, quash conviction, set aside sentence and remit for retrial before another magistrate.
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2 October 2025 |
| March 2025 |
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The appellant's land claim was dismissed as time barred, starting from alleged private conversion in 1978.
Property law - Land ownership - Limitation period - Trespass and adverse possession
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28 March 2025 |
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The appellant's conviction for rape is reversed due to insufficient evidence and contradictions in testimonies.
Criminal Law – Rape – Sufficiency of evidence – Contradictory testimonies – Standard of proof beyond reasonable doubt
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27 March 2025 |
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Court ruled that internal Staff Regulations governed the authority for employment termination, not the Code of Good Practice.
Employment Law – Disciplinary Proceedings – Authority to Terminate – Application of Internal Staff Regulations versus Code of Good Practice.
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27 March 2025 |
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Appeal dismissed due to insufficient description of disputed land in pleadings, undermining appellant's claim.
Civil procedure – land disputes – description of property in pleadings – burden of proof in civil cases.
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26 March 2025 |
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The appellant's murder conviction and death sentence were upheld, based on oral confession and circumstantial evidence.
Criminal Law – Murder – Oral confession and circumstantial evidence – Fair trial and determination standards – Conviction based on non-recorded confessions.
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26 March 2025 |
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The appeal was successful as the original suit was time-barred, nullifying the High Court's judgment and decree.
Contract law – breach of contract – limitation period – time bar – jurisdiction of the court – dismissal of time-barred suit.
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26 March 2025 |
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The appeal against conviction for armed robbery and grievous harm based on visual identification and evidence is dismissed.
Criminal Procedure - Visual identification in criminal cases; Evidence - Caution statement and improper procurement; Doctrine of recent possession and its applicability.
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26 March 2025 |
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The appeal challenging identification and evidence contradictions in a rape case was dismissed; life sentence upheld.
Criminal Law - Rape - Evidence - Identification - Recognition by the victim who knows the accused well - Standard of proof beyond reasonable doubt - Evaluation of evidence and alleged contradictions.
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25 March 2025 |
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The court upheld the murder conviction, dismissing challenges on confession, identification, seizure procedures, and intoxication.
Criminal law – Appeal against murder conviction – Oral confessions – Visual identification reliability – Certificate of seizure validity – Intoxication defense in murder charges.
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25 March 2025 |
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Court upheld the murder conviction, finding discrepancies in witness testimonies immaterial due to the appellant's confession.
Criminal Law - Appeal against conviction - Discrepancies in evidence - Impact on conviction - Cautioned confession statements
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24 March 2025 |
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Court quashed convictions of 1st and 2nd appellants due to improper confession handling; upheld 3rd appellant's conviction.
Criminal Law - Confession statements - Admissibility of retracted confessions - Importance of conducting a trial within trial.
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21 March 2025 |
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Court upheld convictions and sentences for murder, dismissing appeals based on procedural and evidential claims.
Criminal Law - Murder - Admissibility of extra-judicial statements - Principles of common intention - Procedure for juvenile offenders.
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21 March 2025 |
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The appeal was struck out for being filed out of time with inoperative certificates of delay.
Civil procedure – time limits for filing appeals – defective certificate of delay – remedies for struck-out appeals.
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21 March 2025 |
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Appeal dismissed despite claims of contradictions and missing witnesses, upholding the murder conviction and death sentence.
Criminal law – Murder – Contradictions in witness testimony – Failure to call material witnesses – Certainty of cause of death
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20 March 2025 |
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The court dismissed an appeal challenging conviction, sentence, and compensation for attempted murder due to proven intent and appropriate breach.
Criminal law - Attempted murder - Plea taking and jurisdiction - Sentence and compensation appropriateness - Evidence of intent and interruption in execution.
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18 March 2025 |
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Court upheld conviction for murder, finding prosecution's evidence credible and appellant's defence insufficient.
Criminal Law - Murder - proof beyond reasonable doubt, extra-judicial statement validity and defence of alibi consideration.
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17 March 2025 |
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Proceedings nullified and retrial ordered due to trial conducted without requisite jurisdiction from High Court.
Criminal law – Jurisdiction – Trial court's lack of jurisdiction due to absence of transfer order from High Court as per CPA provisions – Proceedings a nullity.
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17 March 2025 |
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The appeal against murder conviction, questioning search legality and witness absence, was dismissed.
Criminal Law – Murder Conviction – Circumstantial Evidence – Search Without Warrant – Material Witness Absence
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17 March 2025 |
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Court of Appeal upholds murder conviction, emphasizing sufficient circumstantial evidence and appellant's confession.
Criminal Law – Murder – Conviction based on circumstantial evidence and confession – Adequate consideration of defense evidence – Standard of proof in murder cases.
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13 March 2025 |
| December 2024 |
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A conviction for rape was overturned due to unreliable witness testimony, inconclusive medical evidence, and failure to consider the appellant’s defence.
Criminal law – rape – assessment of credibility and consistency of prosecution witness evidence – standard of proof – medical evidence – duty to consider the defence – sufficiency of evidence required for conviction.
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11 December 2024 |
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A retrenchment is procedurally unfair if the affected employee is not personally consulted, warranting statutory minimum compensation.
Labour law – Retrenchment – Consultative procedures under ELRA – Procedural fairness – Compensation for unfair termination – Statutory minimum award – Discretion in reduction of compensation.
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10 December 2024 |
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Convictions quashed due to improper chain of custody and procedural errors in disposing of perishable evidence in wildlife offence case.
Criminal Law – Wildlife offences – proof beyond reasonable doubt – chain of custody – failure to call material witnesses – procedure for disposal of perishable exhibits – accused's right to be present – adverse inference.
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10 December 2024 |
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Failure of the first appellate court to address all appeal grounds nullifies its judgment, warranting remittal for rehearing.
Criminal procedure – Appeals – Duty of first appellate court to consider all grounds of appeal – Failure to determine all grounds fatal – Jurisdiction of Court of Appeal limited to matters determined by the first appellate court – Remedy is to remit matter for rehearing.
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10 December 2024 |
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Procedural omissions in a rape trial, absent prejudice, do not vitiate proceedings where the prosecution's case is proved beyond reasonable doubt.
Criminal law – rape of a child – procedural irregularities – whether omissions in signing witness testimony or errors in preliminary hearing vitiate proceedings – child witness – adequacy of promise to speak truth under section 127(2) Evidence Act – evidentiary sufficiency – proof beyond reasonable doubt.
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10 December 2024 |
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Non-compliance with an order to visit locus in quo invalidates land tribunal proceedings and requires a rehearing.
Land law – Tribunal procedure – Compliance with tribunal and court orders – Visiting locus in quo – Nullification of proceedings where tribunal fails to execute its own order – Importance of adherence to procedural fairness in land boundary disputes.
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10 December 2024 |
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A conviction based solely on cautioned statements recorded outside statutory time and without corroboration cannot be sustained.
Criminal procedure – Cautioned statements – Admissibility – Section 50(1)(a) CPA – Confession evidence – Requirement for corroboration – Failure to call material witnesses – Adverse inference – Quashing of conviction for want of admissible evidence.
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10 December 2024 |
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An appellant's conviction for rape was quashed due to doubts about the victim's credibility and insufficient corroborative evidence.
Criminal law – rape – reliance on victim's uncorroborated evidence – requirement for credibility assessment – failure to call medical or investigative witnesses – reversal of conviction where doubts exist in proof of offence.
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6 December 2024 |
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Failure to properly sum up to assessors on vital legal issues rendered the murder trial a nullity requiring a fresh summing up.
Criminal procedure – High Court trials with assessors – Requirement for trial judge to explain roles of assessors and to sum up on vital points of law before opinions – Effect of failure to sum up on key legal doctrines – Nullification of proceedings and remittal for fresh summing up.
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6 December 2024 |
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A conviction based on an ambiguous or imperfect plea of guilty must be set aside and the plea taken afresh.
Criminal law – Appeals – Plea of guilty – Requirement for plea to be unequivocal – When appellate intervention is justified – Imperfect or ambiguous pleas – Consequences of failure to properly record admission of facts.
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5 December 2024 |