Results.
588 judgments found.
Citation
Sort by Citation ascending
Judgment date
Sort by Judgment date ascending
March 2023
21 March 2023
November 2022
Conviction quashed where medical exhibit was irregularly admitted and evidence, lacking key witnesses, proved only suspicion.
Criminal law — Rape
— admissibility of medical report (PF3) requiring reading/explanation after admission
— competency and non-production of child witness
— duty to call material witnesses (street chairperson)
— sufficiency of circumstantial and hearsay evidence
9 November 2022
Child’s unpromised testimony must be expunged, but being caught in flagrante delicto can sustain conviction.
Evidence — Child witness
Evidence — Identification
— caught in flagrante delicto removes identification doubt
— Medical evidence (PF3/Exh PEI) corroborates penetration
— Sufficiency of remaining evidence to sustain conviction
9 November 2022
Failure by a first appellate court to decide all substantial grounds is fatal; matter remitted for rehearing.
Criminal procedure — first appeal
— duty of first appellate court to re-appraise evidence and determine grounds of appeal
— failure is fatal and warrants quashing and remittal for rehearing
9 November 2022
Failure to properly inform and direct assessors, especially on provocation, vitiated the murder trial; retrial ordered.
Criminal procedure — murder trial with assessors — duty to inform assessors of their role and responsibilities before trial — duty to sum up and explain relevant law and defences (including provocation) — non-direction or misdirection on vital point renders trial a nullity — retrial ordered
7 November 2022
Omission of trial court on a charge sheet is curable; an unequivocal guilty plea admitting facts bars appeal against conviction.
Criminal law — Equivocal plea of guilty — Equivocal plea versus unequivocal admission of facts — Laurent Mpinga criteria
Criminal procedure — defective charge sheet — omission of statutory subsection curable under s.388 CPA where particulars give sufficient notice — section 388 Criminal Procedure Act
Evidence — Admission of guilt — Plea of guilty and admitted facts: no requirement to tender exhibits to prove offence
7 November 2022
Failure by the High Court to decide all grounds of appeal rendered its judgment null, warranting remittal for rehearing.
Criminal law — Criminal appeal — First appellate court’s duty to address grounds of appeal — Nullity of proceedings
— limited circumstances where higher court may re-evaluate evidence to avoid delay
— Remittal for rehearing before a different judge
7 November 2022
Trial was a nullity for failing to inform assessors and explain vital legal points; retrial ordered.
Civil procedure — Non-compliance with sections 265 and 298(1) — Fatal omission rendering trial a nullity — Retrial as appropriate remedy
Criminal procedure
— Summing up
— trials with assessors — Duty to inform assessors of their role and responsibilities
7 November 2022
Failure to address and properly sum up to assessors vitiated the trial; conviction quashed and retrial ordered.
Criminal procedure — trials with assessors
— mandatory requirement to address assessors on their role and responsibilities
— retrial ordered where evidence is not hopelessly weak
7 November 2022
Conviction quashed where contradictions and unlawful corroborative evidence undermined proof beyond reasonable doubt.
Criminal law
— Cautioned statement — statutory time limits — inadmissibility if exceeded
— contradictions in prosecution evidence going to the root — acquittal
— medical evidence — reliability and requirement to record referral/date
— sexual offences against a child — credibility of child witness under section 127 Evidence Act
4 November 2022
Inadequate summing up to assessors vitiated the trial; convictions quashed and retrial ordered.
Civil procedure
— remedy — Convictions quashed, sentences set aside and retrial ordered with assessors per s.265(1) CPA. Evidential issues (retracted cautioned statement) raised but not determined due to procedural nullity
— trial irregularity — Inadequate summing up renders assessors' opinions unreliable and may nullify conviction
Criminal procedure — assessors — Summing up to assessors
4 November 2022
Failure to properly sum up to assessors renders the trial a nullity and warrants an expedited retrial.
Criminal procedure
— retrial ordered — Assessors’ role
— summing up to assessors
4 November 2022
Inadequate summing-up to assessors rendered the trial null, leading to quashing of conviction and an expedited retrial.
Criminal law — Summing up to assessors — duty to adequately explain relevant facts and points of law (confessions, circumstantial evidence, malice aforethought, intoxication, alibi)
Criminal law — Summing up to assessors — duty to adequately explain relevant facts and points of law (confessions, circumstantial evidence, malice aforethought, intoxication, alibi). Importation of extraneous facts in summing up vitiates assessors' opinions and proceedings
— Fatal irregularity
— retrial ordered (Fatehali Manji)
— trial deemed without aid of assessors
3 November 2022
Where an accused's age is disputed the court must inquire under the Law of the Child Act; failure warrants quashing and retrial.
Criminal procedure — disputed age of accused — duty to inquire — proof by birth certificate, medical evidence, school records or social welfare information
1 November 2022
October 2022
Inadequate summing up to assessors on circumstantial evidence and confession renders the trial a nullity; retrial ordered.
Criminal procedure — Evidence
— circumstantial evidence and presumption of last person seen with deceased
— confessional/cautioned statement — need to direct on reliability
Criminal procedure — Procedural irregularity — inadequate summing up renders trial without assessors and a nullity
Criminal procedure — remedy — conviction quashed, sentence set aside, retrial ordered
Criminal procedure — summing up to assessors
31 October 2022
Failure to inform and properly address assessors on vital legal points vitiated the trial, leading to quashing and retrial.
Criminal law
— Evidence — Circumstantial evidence — Need to explain principles to assessors when evidence is circumstantial
— Trial procedure — Summing up to assessors — Failure to inform and inadequate summing‑up — Vitiation of trial
Criminal procedure — summing up to assessors — Importation of extraneous matters not supported by evidence may improperly influence assessors and vitiate trial — Contravention of s 298(1) CPA
31 October 2022
Material variance between charged date and prosecution evidence undermined proof beyond reasonable doubt; conviction quashed.
Criminal law — Unnatural offence — variance between charge particulars (date) and prosecution evidence — duty of prosecution to prove particulars
28 October 2022
May 2022
Demolition lawful where applicant developed in a declared planning area without permit and failed to comply with enforcement notices.
Land law — Urban planning and development law
— enforcement notices and demolition for non-compliance
— planning area designation
— requirement of planning consent/building permit fordevelopment
— retrospective inapplicability argument rejected whereprior planning regime applied
— water-source protection considerations
2 May 2022
March 2022
Whether a handwritten disposition and competing land titles were valid and whether both certificates should be set aside.
Civil procedure — Probate/administration — appointment as administratrix does not automatically confer ownership of estate land
Evidence
— burden of proof on party alleging disposition
— elevated standard to prove fraud in civil proceedings
Land law
— Court’s power to declare titles invalid where earlier title exists or process tainted
— Disposition of registered land — validity of handwritten donation and requirement of corroborative evidence
31 March 2022
Review dismissed because complaint attacked High Court proceedings, not this Court's judgment, outside rule 66(1) scope.
Civil procedure
— Review — Court of Appeal's power to review its own decisions under rule 66 and s.4 AJA — Court of Appeal Rules r.66
— jurisdiction — lack of jurisdiction renders proceedings a nullity — Jurisdiction may be raised anytime but, in review, must be apparent on the face of the Court of Appeal's record
31 March 2022
Conviction upheld: cautioned statements expunged; admission and corroboration sustain warrantless-search evidence.
Criminal law — possession of government trophies — admissibility of cautioned statements recorded outside statutory four-hour limit — expunged
Criminal procedure
— change of trial magistrate — compliance with s.214(1) CPA and prejudice test
— warrantless search of premises — non-fatal where accused admits possession and was present during search
30 March 2022
Failure to administer and record oath to CMA witnesses vitiates proceedings; award and High Court order quashed and remitted for rehearing.
Labour law — CMA procedure
28 March 2022
Conviction quashed where alleged trophy exhibits were admitted for identification only and not produced in evidence.
Criminal law
— Evidence — identification-only exhibits have no evidential value
— inventories substitute only for perishable exhibits with proper disposal orders — non-production of core physical exhibits undermines proof beyond reasonable doubt
25 March 2022
Victim's direct evidence and corroboration upheld conviction; High Court's reduced sentence quashed and life imprisonment mandated.
Criminal law
— Medical evidence (PF.3) — expungement of improperly tendered PF3 — Survival of oral medical evidence after expunction
— sentencing — Mandatory life imprisonment for unnatural offence against a person under 18 — Penal Code s 154(2)
— Unnatural offence — Conviction based on victim's direct evidence corroborated by eyewitness and clinical evidence — Evidential weight of medical (PF3) and witness testimony
25 March 2022
Failure to inform assessors of their role and to properly sum up legal issues vitiated the trial, requiring quashing of conviction and retrial.
Civil procedure — Appeal — Procedural Irregularity — Inadequate involvement of assessors vitiates conviction and warrants retrial
Criminal procedure
— Summing up
— trials with aid of assessors — failure renders trial not with aid of assessors and is fatal
24 March 2022
Appeal allowed where child witness was improperly sworn and the PF3 lacked corroborating medical testimony, conviction quashed.
Criminal law — sexual offences against a child — admissibility of child evidence (voir dire) — Requirement of voir dire under s 127(2) TEA
Evidence
— Child witness (tender age) — Child witness voire dire — Unsworn/unreliable evidence without voir dire
— PF3 admissibility — Admissibility versus evidential weight of medical (PF3) reports — Need for the author/medical practitioner to testify and for PF3 to be read into record
24 March 2022
Convictions quashed because visual identification evidence was unreliable and identification parade added no value.
Criminal law — Visual identification
— contradictions and signs of tutoring undermine conviction
— sufficiency and reliability of eye-witness identification
Criminal procedure — identification parade — limited value where witnesses were familiar with suspect
24 March 2022
Identification by recognition and voice in poor lighting was unreliable to convict the applicants.
Criminal law — Evidence
— Identification
— visual identification by recognition
— voice identification — inherently weak
Criminal procedure — Appellate review — convictions unsafe where identification evidence is unreliable
24 March 2022
Applicant granted extension to apply to set aside ex parte judgment; uncontradicted affidavit and excusable delay found sufficient.
Civil procedure — extension of time — Application to set aside ex parte judgment — requirements to account for delay and show good cause
Evidence — Affidavit — Sufficiency of applicant's uncontradicted affidavit — No necessity for supporting third‑party affidavit where averment is uncontroverted
22 March 2022
October 2021
Victim's sworn evidence and supporting circumstantial/medical evidence sufficed to prove rape beyond reasonable doubt.
Criminal law — Rape — proof of penetration
— amendment of charge
— medical evidence (absence of hymen/no bruises) not conclusive
— victim’s sworn evidence as best evidence
1 October 2021
Conviction quashed where identification was unreliable and cautioned statement was recorded outside the statutory four‑hour period.
Criminal law — admissibility of cautioned statement
1 October 2021
Applicant failed to establish a point of law; leave to appeal against demolition order was dismissed with costs.
Appellate practice — leave to appeal — Court of Appeal Rules 45, 46
Land disputes — certification of points of law for appeal — Whether s.47(3) Land Disputes Courts Act requires High Court certificate for appeals from execution proceedings
Land law — Execution of decree — cannot demolish property not subject of decree
1 October 2021
Applicant failed to show good cause for extension; delay was real and alleged illegality was not apparent on the record.
Civil procedure
— Extension of time to appeal — Good cause — Factors: length and reasons for delay, diligence, prejudice, apparent illegality
— Notice of appeal — Requirement to lodge notice of appeal before applying for leave — Rule 46(1) of the Court of Appeal Rules
— Illegality as ground for extension — Illegality on the face of the record
1 October 2021
Oral identification and corroborative witness evidence can sustain convictions despite expunged documentary exhibits.
Criminal law
— Documentary exhibits — failure warrants expungement
— identification evidence — Visual identification — corroboration by recovery of stolen property
— Offences against the person — Armed robbery, rape and grievous harm — Threat with weapon, injury and medical corroboration
1 October 2021
Leave granted to appeal on whether time to obtain a certified tribunal judgment copy is excludable from appeal limitation.
Land law — Land appeals — Limitation
1 October 2021
September 2021
Omission to swear witnesses and to sign their evidence at the CMA vitiated proceedings; matter remitted for de novo hearing.
Arbitration — arbitrator's signature on witness evidence
— award and subsequent High Court proceedings arising from a null arbitration are set aside and matter remitted for de novo hearing before another arbitrator
— omission undermines authenticity and is fatal
Arbitration — Labour arbitration — administration of oath to witnesses mandatory — failure vitiates proceedings
30 September 2021
Victim's uncorroborated testimony and an extra‑judicial confession upheld the rape conviction despite expunged statements.
Criminal law — Criminal Procedure Act s.50(1)(a)
— Admissibility of extra‑judicial/confessional statements recorded by a Justice of the Peace
— cautioned statements and statutory time limit
— Procedural omission by appellate court and prejudice test
Criminal law — Rape
— Evidence
— Victim’s testimony need not be corroborated
29 September 2021
Lack of DPP consent and transfer certificate rendered the district court's trial a nullity; conviction quashed and appellant released.
Criminal law — Economic offences — requirement of DPP's consent and certificate to confer jurisdiction — Proceedings without consent nullity
29 September 2021
Failure to chemically analyse the seized plant rendered confession and lay identification insufficient to sustain the conviction.
Criminal law — Drug offences — identity of substance — heroin hydrochloride confirmed by Government Chemist as narcotic drug
Evidence — admissibility of cautioned statement
— Admission as to nature of substance inadmissible without expert chemical analysis
— Reg.21
Evidence — Identification of exhibits — Police or local witness identification of suspected drugs insufficient without laboratory testing — Government Chemist analysis required
28 September 2021
Conviction quashed for unsafe identification and insufficient proof of possession of the stolen motorcycle.
Appellate practice — Appeal procedure — Appellate duty to engage with and give reasons when differing from lower court findings
Criminal law
— Reliability of eyewitness identification — Requirements for safe identification and assessment of surrounding circumstances
— possession of stolen property — requirement that property be found in accused’s possession and properly connected to accused
28 September 2021
Inadequate summing up to assessors vitiated murder conviction; retrial refused due to reliance on a disputed cautioned statement.
Criminal law
— cautioned statement (exhibit) repudiated by accused — reliance thereon unsafe
— Criminal appeal — assessors — duty of trial Judge to sum up adequately on vital points of law (circumstantial evidence) — omission vitiates proceedings
— Retrial — Fatehali Manji principles — declined where prosecution case weak
28 September 2021
Failure to serve the notice of appeal within 14 days renders the appeal incompetent and is struck out with costs.
Civil procedure
— Court of Appeal Rules, 2009
— Non-compliance renders appeal incompetent
— Preliminary objections — competence of appeal determined before merits
Evidence — Proof of service
28 September 2021
Omission to administer oath and to sign witness evidence vitiated CMA proceedings; matter remitted for rehearing.
Appellate practice — remittal for de novo hearing — Quashing award and remitting for rehearing
Civil procedure — recording of evidence
— Civil Procedure Code Order XVIII r5
— mandatory requirement for presiding officer to sign each witness's testimony
Labour law — CMA procedure — mandatory oath/affirmation for witnesses
24 September 2021
Failure to swear witnesses and absence of arbitrator's signature vitiated CMA proceedings; matter remitted for rehearing.
Civil procedure
— Procedural requirement — arbitrator’s signature on recorded evidence — omission undermines authenticity and vitiates award
— remedy — quash proceedings and remit for rehearing de novo before another arbitrator
Labour law — arbitration procedure — mandatory administration of oath to witnesses under G.N
24 September 2021
Inadequate summing up to assessors vitiated the trial; record remitted for trial de novo before another judge.
Criminal law — Confession evidence — procedural requirement to read confession in court, retraction and need for corroboration
Trial procedure
— Retrial — Order for retrial where mandatory procedure not followed
— summing up to assessors — Whether summing up to assessors complied with s.298(1) Criminal Procedure Act — Criminal Procedure Act s.298(1)
23 September 2021
Procedural omissions were harmless and eyewitness identification in daylight upheld the rape conviction.
Civil procedure
— Delay in charging — cannot be raised for first time on appeal
— identification evidence — previous acquaintance and daylight identification reliable
— rape — corroborative medical and eyewitness evidence sufficient
23 September 2021
A claimant lacking legal interest in land has no locus standi to sue, and proceedings must be quashed.
Land law
— locus standi
— locus standi is jurisdictional and may be considered at any stage — Adverse possession not reached where claimant lacks locus standi — Ward Tribunal erred in entertaining claim by a person without title
23 September 2021
Failure to direct assessors on alibi and repudiated confessions vitiated the trial; retrial ordered.
Civil procedure — remedy
— omission to direct assessors vitiates trial
— ordinarily retrial de novo ordered, though limited cases permit only fresh summing-up
Criminal law — Defence of alibi — duty to direct assessors on its nature and application
Criminal procedure — assessors
— duty of trial Judge to sum up adequately on all vital points of law
— failure is fatal
Evidence — Criminal evidence — repudiated confessions — nature and conditions in which cautioned and extra-judicial statements may be acted upon
21 September 2021
The appellant's conviction was quashed due to unexplained reporting delay and doubtful corroborative evidence.
Criminal law
— benefit of doubt — acquittal where prosecution fails to exclude reasonable doubt
— corroboration — circumstantial support by secondary witness
— delay in reporting — effect on credibility
— Documentary evidence — PF3 inadmissible if not read over
— Evidence — best evidence principle
— medical evidence — timing and probative value
— Rape
21 September 2021
Conviction based on recent possession quashed because prosecution failed to prove the stolen phone belonged to the complainant.
Criminal law — Armed robbery — doctrine of recent possession — Essential requirement to prove recovered property belonged to the complainant (identifying marks/serial numbers or receipt)
20 September 2021