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588 judgments found.
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May 2019
Prisoner failed to show good cause and did not specify intended review grounds; extension of time was refused.
Civil procedure — extension of time — criteria for good cause (Lyamuya)
Criminal procedure — Extension of time to file application for review — Requirement to specify intended grounds of review under Rule 66(1)(a) — (e)
8 May 2019
Omission to conduct or record a voir dire for a child witness invalidated her testimony and led to quashing of the conviction.
Appellate practice — Court of Appeal revisional powers s.4(2) AJA — Court may step into High Court's shoes and determine appeal where glaring irregularity or miscarriage of justice exists
Criminal law — Appellate procedure — Summary rejection under s 364(1)(c) CPA — Powers of summary dismissal to be exercised sparingly
Evidence — Child witness voire dire — Requirement to record voir dire questions and answers to satisfy section 127(2) Evidence Act
7 May 2019
Applicant failed to show good cause or specify Rule 66(1) grounds, so extension to file review out of time was refused.
Civil procedure
— Extension of time (rule 10) — Requirement to plead and prove good cause in supporting affidavit
— Review procedure — requirement that, on extension, intended grounds under Rule 66(1) be shown by affidavit
6 May 2019
An application filed prematurely after a prior application was struck out for wrong citation is incompetent and struck out.
Criminal procedure — competence of applications
6 May 2019
Conviction quashed where charge sheet omitted essential ingredients and misdescribed statutory provisions, incurable under s.388 CPA.
Criminal law — Charges and pleadings — Defective statement of offence and particulars
— alternative count (indecent assault) likewise defective
— Court’s power
— incurable
— misreference of statutory subsections
— omission of essential ingredients (intent and manner of manifestation) in attempted rape
3 May 2019
June 2018
Failure to enter a formal conviction is fatal; sentencing must follow the correct statutory category based on victim's age.
Criminal law
— conviction and sentence — mandatory requirement to enter conviction under section 235(1) CPA
— sentencing — correct statutory subsection — Correct sentence depends on victim being under fifteen years
Criminal procedure — revisionary powers (s.4(2) AJA) — quashing of convictions and setting aside sentences
7 June 2018
Failure to enter a formal conviction renders the judgment null and sentence must reflect statutory category based on victim's age.
Criminal procedure — Appellate/revisional jurisdiction — Sentencing
7 June 2018
Conviction quashed where identification was unreliable and retracted cautioned statements lacked corroboration.
Criminal law
— confession — corroboration required for retracted confessions
— Visual identification — night-time identification
Evidence — Identification parade — parade cannot validate deficient identification evidence
7 June 2018
Doctrine of recent possession upheld applicant's armed robbery conviction despite untendered PF3 and an unpersuasive alibi.
Criminal law — Armed robbery — doctrine of recent possession
— presumption against unexplained possession
— stolen property found with suspect within short time and positively identified by registration card
Criminal procedure — Defence of alibi
— appellate intervention where lower courts fail to consider material defence
— notice requirements
7 June 2018
A written two-year lease superseded a temporary agency; the lease expired and no subsisting contract supported damages, so appeal allowed.
Land law
— damages — award set aside for lack of contractual basis
— Expiry of contract — no subsisting agreement at time of suit
— Lease — written two-year agreement superseding prior agency
— Parol evidence rule — written contract cannot be varied by oral evidence
— Possession — respondent has no right to remain on site
7 June 2018
The applicant's notice of appeal was sufficient; alleged trial non‑compliance with section 231 must be argued in the appeal.
Criminal procedure
— Notice of appeal
— Trial courts’ duty — Alleged non‑compliance to be raised in substantive appeal, not by preliminary objection
6 June 2018
A criminal charge citing non-existent statutory provisions is incurably defective, warranting quash of conviction and release of the applicant.
Appellate practice — Appellate jurisdiction — Revision — quashing proceedings and conviction where charge is void
Civil procedure — Procedure — retrial inappropriate where foundational charge is legally non-existent
Criminal law — Charge drafting — citation of non-existent statutory provisions — incurably defective charge — violates s.135(a)(ii) CPA
6 June 2018
A charge citing non-existent statutory provisions is incurably defective and vitiates the appellant's conviction; proceedings quashed.
Appellate practice — Appellate jurisdiction — Revision — quashing convictions and setting aside sentences
Civil procedure — remedy
— No retrial where charge foundation is defective
— release unless held for another matter
Criminal law
— Charge — Citation of non-existent statutory provisions — incurable defect — nullity of proceedings
— Rape
6 June 2018
Failure to record a conviction is a fatal irregularity; sentencing must follow the correct Penal Code subsection for victim's age.
Criminal law — Sentencing/age — Applicability of Penal Code s138C by victim's age — Penal Code s 138C(2)(a)-(b)
Trial procedure — Conviction — Failure to record conviction before sentence — Appellate Jurisdiction Act s 4(2)
6 June 2018
An application for revision lacking the lower court proceedings and extracted order is incompetent and must be struck out.
Appellate practice — Appellate procedure — revision
6 June 2018
Conviction for armed robbery upheld on recent possession despite missing exhibits; unnotified alibi found unconvincing.
Criminal law — Armed robbery
— alibi requirements
— doctrine of recent possession
— identification by registration card
— sufficiency of credible oral evidence despite non-tendering of PF3 and weapon
6 June 2018
Court found committal complied with s246(2) CPA, refused revision and remitted record to the High Court.
Criminal procedure — committal proceedings — compliance with s.246(2) CPA — Whether prosecution witness statements were read to the accused
Appellate practice — Revision — Revision jurisdiction s.4(3) — Appropriateness of Court of Appeal examining committal proceedings
6 June 2018
Appeals from Primary Courts are incompetent before the Court of Appeal without a High Court certificate on a point of law.
Appellate practice — Appellate jurisdiction — Competency — statutory preconditions — non-compliance leads to striking out appeal
Civil procedure — Procedure — respondent absent and not notified — Court may still strike out appeal where jurisdictional defect exists
Criminal procedure — Appeals from Primary Courts — Mandatory High Court certificate on a point of law under section 6(7)(b) AJA
6 June 2018
An appeal from a Primary Court requires a High Court certificate on a point of law; absence renders the appeal incompetent and struck out.
Criminal law — Criminal appeal — appeal from Primary Court — requirement of High Court certificate on point of law under s.6(7)(b) AJA
— mandatory jurisdictional requirement
— procedural non-notification considered but competence issue decisive
6 June 2018
Court of Appeal finds committal complied with s246(2) CPA; remit record to High Court to proceed with trial.
Appellate practice — Appellate jurisdiction — Referral — when revisional intervention by Court of Appeal is appropriate
Civil procedure — remedy — Remittal to the High Court to proceed where no fatal defect in committal is shown
Criminal procedure — committal proceedings — compliance and effect of omission
6 June 2018
A charge sheet failing to cite the specific rape subsection (130(2)(e)) renders the trial unfair and conviction unsustainable.
Criminal procedure — Charge sheet particulars — Rape: necessity to state applicable category under section 130(2)(e) when victim is under eighteen — Incurably defective charge vitiates trial — Remedy: quash proceedings and set aside sentence
5 June 2018
Failure to cite the specific rape subsection renders the charge incurably defective and convictions are quashed.
Criminal law — Defective charge
Criminal law — Fair trial
Criminal law — incurable defect
Criminal law — Rape
Criminal law — remedy under section 4(2) AJA
— quash proceedings and set aside sentences
— refusal to remit to DPP to re‑charge
5 June 2018
Absence of written summing-up to assessors renders the trial a nullity; appellant's conviction quashed and retrial ordered.
Criminal procedure — High Court trials with assessors
Criminal procedure — Oral, unrecorded summing-up insufficient
— Conviction quashed and retrial ordered
— Non-compliance vitiates proceedings
— Revision
Criminal procedure — Summing-up to assessors and recording of opinions (s.298(1) CPA) — Written summing-up required
5 June 2018
Failure to record the judge’s summing up to assessors vitiates the trial, requiring conviction quashed and retrial.
Criminal procedure
— High Court trials with assessors
— Oral, unrecorded summing-up insufficient — Appellate court may raise procedural irregularity suo motu
5 June 2018
A revision application under s.4(3) AJA is incompetent and struck out if it omits the impugned proceedings and extracted order.
Civil procedure — Revision
Civil procedure — Rule 65(4)&(5)
— Court may raise defect sua motu
— Incompetent application lacking record to be struck out
— time limits and service requirements
5 June 2018
A defective charge omitting the specific statutory category of rape deprived the appellant of a fair trial, warranting quashing of convictions.
Criminal procedure — charge-sheet requirements
— conviction and sentences quashed under section 4(2) AJA
— no remittal to DPP where re‑charging would prejudice accused
— omission to cite specific sub‑category of rape under section 130(2)(e) renders charge incurably defective
— unfair trial
4 June 2018
Absence of a written summing up to assessors breaches s.298(1) CPA, vitiates proceedings, and mandates quashing and retrial.
Criminal procedure
— conviction quashed and retrial ordered
— Role of assessors
4 June 2018
The appellant's conviction was quashed because the charge failed to specify the child‑rape subsection and correct sentencing provision.
Criminal law — Charge particulars
— Court may,
— defective charge deprives accused of fair trial
— duty on prosecution and trial courts to ensure charges correctly framed
— no retrial where no valid charge exists
— Rape
4 June 2018
The applicant's omnibus motion for extension of time and stay of execution was incompetent and struck out.
Civil procedure
— Omnibus application — combining extension of time (single-justice jurisdiction) and stay of execution (three-justice panel) is incompetent
— Procedure — application for extension should precede any application for stay
— Stay of execution — jurisdictional competence of a three-justice panel
2 June 2018
An appeal from a Primary Court is incompetent and struck out for lack of the High Court certificate on a point of law.
Criminal law — Criminal appeals from primary courts — Requirement of High Court certificate on point of law — Section 6(7)(b) Appellate Jurisdiction Act
Appellate practice — Judgment may be delivered in absence — Hearing in absence — Rule 80(6) Court of Appeal Rules 2009
2 June 2018
A defective charge omitting the correct rape subsection invalidates the applicant's trial; conviction quashed and no retrial.
Appellate practice — Appellate jurisdiction
— exercise of revisionary powers under AJA s.4(2) to quash proceedings and sentence
— no retrial where no valid charge exists
Criminal law — Charging
Human rights — Fair trial — defective charge that omits the correct substantive and sentencing subsections prejudices accused and vitiates conviction
1 June 2018
Court of Appeal lacks jurisdiction to extend time for filing High Court appeal notices under section 11(1) AJA.
Appellate practice — Appellate jurisdiction — Extension of time
1 June 2018
May 2018
Court of Appeal lacks jurisdiction to extend time under s.11(1) AJA; such applications must be made to the High Court.
Appellate practice — Appellate jurisdiction — extension of time to file notice of appeal
31 May 2018
A notice of appeal must state the High Court order's nature; failure renders the appeal incompetent and it is struck out.
Criminal procedure — Appeal
16 May 2018
The applicants' appeals were struck out because their notices failed to state the High Court order or the nature of the order appealed against.
Criminal procedure — Appeal — notice of appeal
16 May 2018
A charge citing a non-existent Penal Code provision renders the conviction void and warrants release.
Criminal law
— Charge sheet requirements — Defective charge (wrong/non-existent citation; omission of punishment provision) vitiates proceedings
— Plea of guilty — Defective charge vitiates conviction — Plea does not cure non-existent or wrongly cited provision
Criminal procedure — Revision — Court may set aside convictions and order release even where accused has not appealed (revisional remedy)
16 May 2018
A charge failing to cite the creating enactment renders trial a nullity and conviction is set aside.
Criminal procedure — charge-sheet requirements — defective charge vitiates trial
Criminal procedure — nullity of proceedings
— interests of justice may preclude retrial
— retrial discretionary
— sentencing for young first offenders
16 May 2018
A defective charge citing a non-existent statutory provision vitiated the trial; conviction quashed and appellant released.
Criminal procedure; charge sheet must cite correct statutory provision (s135 CPA); particulars must specify category of rape (s130(2) Penal Code); trial court may not amend charge at judgment stage (s234 CPA); defects incurable under s388 CPA; revisional powers under s4(2) AJA; retrial not ordered where charge is non-existent or incurably defective.
16 May 2018
A charge sheet citing a non‑existent provision rendered the appellant's trial unfair, so conviction and sentence were quashed.
Criminal law — Criminal practice
— Charge sheet requirements
— improper amendment at judgment irregular
— incurable defects render trial a nullity
— revisional powers and retrial considerations
16 May 2018
15 May 2018
Failure to cite s.361(2) rendered the High Court's extension proceedings a nullity and they were quashed.
Appellate practice — Appellate jurisdiction act (s.4(2)) — revisionary/quashing power where jurisdictional defect exists
Criminal procedure — extension of time to lodge notice of appeal
15 May 2018
Defective charge failing to cite the enactment rendered the trial a nullity; conviction quashed and no retrial ordered.
Criminal procedure — Charge particulars — Defective charge renders trial a nullity — Revision
— interests of justice and prolonged unlawful detention may preclude retrial (Fatehali Manji)
— Retrial discretionary
15 May 2018
Failure to enter a conviction and omission of the victim in a robbery charge render the conviction null and order release.
Criminal law
— Trial procedure — failure is a fatal irregularity rendering judgment invalid
— charge sheet — Defective statement of offence — Requirement to specify person against whom violence directed
15 May 2018
An application for extension to file a notice of appeal must be brought under s.11(1) AJA; proceedings under the wrong provision were nullified.
Appellate practice — Appellate jurisdiction — Revision
Civil procedure — Preliminary objections — cannot be entertained where there is no competent appeal before the court
Criminal law — Civil/criminal appeals — competence of application — incompetent proceedings should be struck out
Criminal procedure — Extension of time to file notice of appeal
15 May 2018
14 May 2018
14 May 2018
Failure by the applicant to serve the notice of appeal under Rule 84(1) renders the appeal incompetent and it is struck out.
Civil procedure — Appeal competence
11 May 2018
11 May 2018
Failure to enter conviction and a defective robbery charge omitting the named victim rendered the convictions null, warranting release.
Appellate practice — Revisionary powers — Court of Appeal may nullify, quash and set aside void proceedings under s.4(2) AJA
— Quashing proceedings and setting aside sentence
— retrial may be declined where substantial sentence already served
Criminal law — Robbery with violence — Particulars of the offence — Second Schedule to CPA
Criminal procedure — Judgment requirements — non‑compliance with s.312(2) CPA renders conviction nullity
11 May 2018
A post-plea transfer under s.256A CPA invalidates the subordinate court trial and the case is remitted to the High Court.
Land law — Post-plea transfer invalid
— proceedings nullity
— remittal to High Court
— revisional powers
10 May 2018