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Citation
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Judgment date
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| August 2020 |
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Court upheld equal division of matrimonial assets; appellant failed to prove alleged non-matrimonial ownership.
Matrimonial property — division of assets on divorce; contribution of spouses (monetary and non-monetary) to acquisition; burden of proof for non-matrimonial (clan or third-party) property; evidential requirement for excluding assets from matrimonial pool.
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25 August 2020 |
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The appellant's guilty pleas were unequivocal; appeal barred by statute and dismissed.
Criminal law – guilty plea – unequivocal plea – rape and unnatural offence – admission of facts – admissibility/tendering of exhibits after plea – variance in particulars and facts – appeal barred by section 360(1) Criminal Procedure Act.
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20 August 2020 |
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Suo motu raising of a new issue without hearing parties violates audi alteram partem and nullifies the judgment.
* Criminal procedure – appellate jurisdiction – raising of issues suo motu by a judge in composed judgment – duty to afford parties opportunity to be heard.
* Natural justice – audi alteram partem – constitutional guarantee under Article 13(6)(a) – failure to hear parties renders decision a nullity.
* Charge sheet – incorrect citation of punishment provision – relevance but cannot be decided without hearing parties; remedy is rehearing on merits.
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19 August 2020 |
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Conviction quashed where trial and first appellate courts failed to consider the appellant's defence, denying a fair hearing.
* Criminal law – Unnatural offence – alleged sodomy of a child; evidence included child testimony, PF3 and medical report. * Criminal procedure – Right to fair hearing – duty of trial court to consider and analyse defence evidence when evaluating prosecution case; failure is fatal. * First appellate review – appellate court must determine whether defence was considered; failure to do so warrants allowing the appeal.
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19 August 2020 |
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Concurrent factual findings, credible child testimony and properly admitted exhibits sustain rape convictions; appeal dismissed.
* Criminal law – Rape – Conviction sustained on concurrent findings of credible child testimony, medical evidence and a cautioned statement.
* Evidence – Child witness of tender years – Admissibility under amended s.127(2) Evidence Act: promise to tell the truth replaces voire dire.
* Criminal procedure – Substituted charge sheet – Valid substitution and reading to accused under s.234 CPA.
* Criminal procedure – Rights of accused under s.231 CPA – Properly addressed and election recorded.
* Evidence – Cautioned statement – Lawful recording within permissible period, voluntariness inquiry, admission and reading out.
* Evidence – PF.3 (medical report) – Properly tendered, admitted and read out in court.
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19 August 2020 |
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Failure to read post‑mortem report and admission of an unlisted witness rendered the applicant's murder conviction unsafe.
Criminal procedure – Admissibility of documentary exhibits – Post‑mortem report must be read out to the accused and accused informed of right to summon maker (s.291(3) CPA); failure to do so mandates expungement. – Committal proceedings – witness who did not feature in committal list cannot testify unless summoned under s.289(1) CPA; such evidence is inadmissible. – Identification evidence – unexplained delay in naming and arrest, inconsistencies and failure to describe suspect undermine reliability. – Prosecution duty – failure to call material witnesses may render conviction unsafe. – Appellate review – first appellate court may re‑evaluate evidence (TCA Rule 36(1)).
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19 August 2020 |
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Trial without the DPP's consent and requisite certificate rendered the appellant's conviction null, warranting quashing and release.
* Criminal procedure – Economic offences – Requirement of DPP's consent under section 26(1) of the Economic and Organised Crime Control Act.
* Jurisdiction – Certificate under section 12(3) conferring trial jurisdiction on subordinate courts.
* Nullity – Proceedings and appellate judgments founded on trials without requisite consent/certificate are nullities.
* Appellate jurisdiction – Court of Appeal's revisional powers to quash proceedings, convictions and order release.
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19 August 2020 |
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Reported
Conviction cannot rest on recent possession or oral admissions absent proof of ownership, contemporaneous theft, or admissible statements.
Criminal law – Doctrine of recent possession – requirement to prove property belonged to complainant and was recently stolen and linked to the offence; Identification of electronic devices – importance of IMEI and call data records; Confessions – oral admissions under custody not free and inadmissible; Documentary exhibits – must be read out after admission or be expunged.
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18 August 2020 |
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Credible child-victim evidence, corroborated by an eyewitness and medical examination, upheld a rape conviction despite PF3 expungement and time omission.
* Criminal law – Sexual offences – Rape of a child – Victim’s evidence and corroboration; * Evidence Act s.127(7) – child/victim evidence can sustain conviction if credible; * Expungement of exhibit (PF3) for procedural defect – court may rely on other credible evidence; * Identification – recognition by a village resident and contemporaneous discovery; * Charge particulars – omission of time not fatal where evidence establishes circumstances.
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18 August 2020 |
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Appellant’s confessions and corroborating circumstantial evidence upheld murder conviction despite expunged autopsy and sketch exhibits.
Criminal law – admissibility of documentary exhibits (post-mortem, sketch map) – s291(3) CPA; Extra-judicial statements – compliance with Chief Justice’s Guide; Cautioned statements – s50(1)(a), s57(3) CPA and delays in recording; Circumstantial evidence and ‘last seen’ principle – sufficiency to prove murder; Competence of family witnesses – Evidence Act s127.
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17 August 2020 |
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Child witness testimony without a promise is expunged; victim’s testimony and medical corroboration sustain rape conviction.
* Evidence — child witness: requirement to promise to tell the truth before testifying (s.127(2) Evidence Act).
* Criminal procedure — alibi: need for prior notice and weight of afterthought defences.
* Sexual offences — rape: victim’s testimony as primary evidence of penetration; identification by recognition; medical corroboration (PF3/doctor) supports conviction.
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17 August 2020 |
| May 2020 |
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Appeal dismissed: survey and allocation of Plot 347 proved; demolition order valid; compensation issue not open on appeal.
Land law – ownership and allocation of surveyed plots – admissibility and sufficiency of survey evidence – evaluation of conflicting oral evidence; trespass and remedies – demolition and vacant possession; appellate procedure – new issues and compensation cannot be raised on appeal if not pleaded/determined at trial.
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19 May 2020 |
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An invitee granted permission to use land cannot acquire title by limitation; alleged forgery must be strictly proved.
* Land law – adverse possession – Limitation Act item 22 – invitee occupying with permission cannot acquire title by limitation. * Evidence – allegation of forgery/fraud in civil proceedings requires heightened standard of proof. * Civil procedure – Order XX Rule 4 – consolidated grounds and reasons for decision.
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18 May 2020 |
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An out‑of‑time cautioned statement may be admissible where section 50(2) exceptions or investigative complications justify delay; appeal allowed.
* Criminal procedure – cautioned statements – requirements of section 50(1)(a) CPA – four‑hour rule; exceptions under section 50(2) – awaiting relative/lawyer and periods while investigator refrains from interviewing – complications in investigation may justify out‑of‑time recording. * Admissibility – procedural non‑compliance does not automatically exclude evidence where omission is procedural and not prejudicial. * Remedy – appellate admission and remittal for trial continuation.
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15 May 2020 |
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Second appeal dismissed: PF3 expunged, child’s testimony and corroborative evidence sustained statutory rape conviction.
Criminal law – statutory rape – proof of penetration by child witness using non-technical terms; Evidence – inadmissible tendering of PF3 by prosecutor; Proof of age – parental testimony acceptable; Visual identification at night – Waziri Amani standard; Appellate procedure – second appeal cannot raise grounds not raised on first appeal.
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15 May 2020 |
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Combining counts at judgment stage is irregular; such amendment vitiates conviction and requires composing a fresh judgment.
Criminal procedure – Amendment of charge – Section 234 CPA – Amendment permissible during trial but not at judgment stage; combining counts at judgment stage is irregular and fatal; revisional powers under section 4(2) AJA to nullify judgment; appeal from a nullity is incompetent; direction to compose fresh judgment where defect limited to judgment.
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13 May 2020 |
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Victim’s credible testimony and medical evidence upheld; convictions and mandatory life sentence affirmed despite no fresh hearing on enhancement.
Criminal law – Sexual offences against a child – Proof of penetration – Victim’s unsworn evidence under section 127(2) Evidence Act – Medical evidence (PF3) corroboration – Concurrent findings of fact on appeal – Enhancement of sentence on appeal without fresh hearing.
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13 May 2020 |
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Court grants applicant extension of time to seek leave to appeal, finding procedural 'technical delay' sufficient good cause.
Civil procedure – Extension of time under Court of Appeal Rules (rule 10) – Good cause – Technical delay due to omission to annex drawn order and misstatement of date – Discretion to extend time – Leave to appeal.
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13 May 2020 |
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The appellant's conviction was upheld as the child victim's credible, corroborated evidence proved the offence beyond reasonable doubt.
* Criminal law – Sexual offences against children – Credibility of child complainant; evidence of child alone may sustain conviction. * Corroboration – medical and eyewitness evidence supporting child testimony. * Evidence – trivial contradictions and failure to call other witnesses not necessarily fatal. * Appeal – concurrent findings on credibility will not be disturbed absent clear misapprehension of evidence.
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13 May 2020 |
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Mortgage valid where mortgagor's affidavit declared he was single and the appellant had not registered any interest.
Land law – Mortgage of matrimonial home; Mortgage Financing (Special Provisions) Act – mortgagor's duty to disclose and mortgagee's duty to verify; admissibility and effect of affidavit of marital status; estoppel under Evidence Act; registrable interest/caveat requirement under Law of Marriage Act and Land Act.
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11 May 2020 |
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Child-victim’s credible testimony and medical corroboration upheld convictions; absence of social welfare officer was not fatal.
* Criminal law – sexual offences – rape and unnatural offence against a child – credibility of child witness under s.127 Evidence Act – corroboration by parental examination and medical PF3. * Criminal procedure – substitution of charge – proper prosecution application and reading of substituted charge. * Law of the Child – role of social welfare officer limited to Juvenile Courts where child is accused – absence in ordinary trial of a child witness not fatal. * Evidence – hearsay complaints where witnesses recount post-incident actions are not necessarily inadmissible.
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11 May 2020 |
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Interlocutory non-final High Court orders are not reviewable on appeal or revision under section 5(2)(d) AJA, even if they concern jurisdiction.
Appellate procedure – Appellate Jurisdiction Act s.5(2)(d) – interlocutory/preliminary High Court orders – prohibition of appeals or revision unless order finally disposes of suit – no exception for alleged jurisdictional issues.
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7 May 2020 |
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Victim's corroborated testimony and voluntary confessions upheld; social welfare officer unnecessary outside Juvenile Court.
Criminal law – Rape – evidentiary value of victim's testimony – corroboration by other witnesses; Oral confession – admissibility and weight; Cautioned (retracted) statement – requires corroboration; Law of the Child – social welfare officer required only in Juvenile Court proceedings; Evaluation of minor contradictions in witness evidence.
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6 May 2020 |
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The applicant's conviction for rape was upheld based on victim testimony corroborated by oral confession and corroborated cautioned statement.
Criminal law – Rape – evidence of victim; oral confession admissibility; cautioned statement retracted but corroboration required; child witness protections under Law of the Child; impeachment of court record; material versus minor discrepancies in witness testimony.
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6 May 2020 |
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Prosecutrix's testimony, medical report and confessions upheld; applicant's appeal against rape conviction dismissed.
* Criminal law – Rape – proof of penetration normally from prosecutrix; in statutory rape age must be proved.* Corroboration – medical report (PF3) and confessions may corroborate prosecutrix.* Admissibility – cautioned statement admitted where no timely objection raised; voluntariness for trial court to assess.* Evidence – oral confession before witnesses can be powerful corroboration.* Procedure – failure to call non‑eyewitnesses does not automatically attract adverse inference.
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6 May 2020 |