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Citation
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Judgment date
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| 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 |
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Conviction for drug trafficking quashed due to improper admission of evidence and failure to prove the offence beyond reasonable doubt.
Criminal procedure – Succession of magistrates – Admission of exhibits – Requirement to read documentary evidence in court – Proof beyond reasonable doubt – Drugs Control and Enforcement Act – Unlawful trafficking of narcotics – Admissibility of cautioned statement – Right to legal representation during statement recording – Chain of custody and evidentiary requirements for drug offences.
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4 December 2024 |
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A conviction based on an ambiguous guilty plea and incomplete facts was quashed, resulting in the appellant's immediate release.
Criminal procedure – Plea of guilty – Equivocal or ambiguous plea – Requirement for all ingredients of offence to be admitted – Statutory rape – Importance of admitting victim's age – Retrial not appropriate where prosecution case insufficient.
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4 December 2024 |
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Failure to explain key legal points to assessors in a murder trial nullifies the conviction and requires a fresh summing up.
Criminal law – High Court trials – assessors – mandatory summing up – duty to explain vital points of law – circumstantial evidence – prejudice to accused – proper remedy for omission – retrial from summing up stage.
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3 December 2024 |
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A conviction based on an equivocal plea arising from discrepancies between charge and facts cannot stand and must be quashed.
Criminal law – Armed robbery – plea of guilty – variance between charge sheet and prosecution facts – equivocal plea – legality of conviction and sentence – appropriate remedy where plea is ambiguous.
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3 December 2024 |
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Conviction for rape was quashed due to doubts arising from witness credibility, delay in arraignment, and failure to call a material witness.
Criminal law – Procedure – compliance with sections 231, 192 and 214 of the CPA – sexual offences – assessment of complainant’s credibility – effect of unexplained delay in arraignment – failure to call material witness – benefit of doubt in criminal cases.
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3 December 2024 |