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Citation
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Judgment date
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| December 2023 |
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Appellants' armed robbery convictions upheld on reliable identification, valid cautioned statements, and proof beyond reasonable doubt.
Criminal law - Armed robbery: identification at night, recognition and hot pursuit; admissibility and validity of cautioned statements; absence of weapon exhibits immaterial where credible oral evidence; appellate review where lower court omitted discussion of defence evidence.
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15 December 2023 |
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Appeal dismissed: identification, admissible confessions and credible oral evidence proved armed robbery beyond reasonable doubt.
Criminal law – Armed robbery – identification evidence at night – familiarity and hot pursuit as support for positive identification; Confessions – admissibility of cautioned statements recorded by police under the Criminal Procedure Act; Evidence – absence of weapon exhibits not fatal where credible oral testimony proves use of weapons; Appellate procedure – duty to consider defence evidence but appellate court may evaluate omitted issues and uphold conviction if case remains unshaken.
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15 December 2023 |
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A High Court’s re-determination of issues already decided and proceeding after striking out rendered that part of its decision irregular and quashed.
Civil procedure – Functus officio – A judge may not re-determine issues already decided by another judge of the same court; re-hearing such decided issues is irregular. Civil procedure – Competence – Striking out an application as incompetent precludes subsequent determination of its merits. Civil procedure – Preliminary objections – Courts must not decide procedural objections that were not properly raised or noticed prior to scheduling hearings. Appellate review – Revision under s.4(3) AJA – appropriate to quash decisions tainted by cumulative procedural irregularities.
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15 December 2023 |
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An interested party (Attorney General) joined in an appeal must be heard but must file and serve points within 60 days and comply with statutory duties.
Civil procedure – Interested party – Right to be heard – Rule 109 and 113 of the Court of Appeal Rules; natural justice requires hearing of persons who may be adversely affected. Office of the Attorney General Act s.17(2) – duty to notify court and show public interest/public property when joining proceedings. Procedure – Service of record of appeal on interested parties; limitation on raising new grounds post memorandum of appeal.
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15 December 2023 |
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Gang robbery conviction unsafe where co‑accused uncorroborated; confession of one accused insufficient to convict another.
Criminal law – Gang robbery – section 285(2) Penal Code – requires "two or more persons" to commit the offence; conviction unsafe if co-offender not proved. Evidence – Identification – arrest at scene, possession of stolen property and victim's identification at police station supportive of identification. Evidence – Confession of co-accused – uncorroborated admission implicating another requires caution and cannot alone sustain conviction. Appeal – Evaluation of defence evidence – appellate courts must consider defence but statutory elements must be proved beyond reasonable doubt.
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15 December 2023 |
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Gang robbery conviction unsafe where co-accused’s uncorroborated confession and absence of proof of two or more offenders.
Criminal law – Gang robbery – Elements of offence – section 285(2) requires "two or more persons" to commit gang robbery; single-offender conviction unsafe. Evidence – Identification – Arrest at scene, possession of stolen property and station identification as adequate visual identification in daytime. Evidence – Confession of co-accused – A co-accused’s cautioned statement incriminating another requires corroboration; uncorroborated confession unsafe to convict. Procedure – Identification parade – absence of parade weakens identification of co-accused.
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15 December 2023 |
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A judge should not reopen a previously dismissed preliminary objection; subparagraphs in affidavits need not always be separately verified.
Civil procedure – preliminary objections – re‑raising identical point after earlier dismissal – improper and an abuse of process. Civil procedure – verification of affidavits – general vs specific verification clauses; no absolute rule requiring each subparagraph to be separately verified. Civil procedure – amendment – court’s discretion to order amendment to cure affidavit defects; refusal can be reviewed when discretion misapplied. Appellate jurisdiction – interlocutory order vs finality – striking out may render decision appealable.
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15 December 2023 |
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Whether a judge may reopen a dismissed preliminary objection and if affidavit subparagraphs require separate verification.
Judicial review — supporting affidavit — verification clauses and sub-paragraphs — preliminary objections — reopening previously dismissed PO — discretion to allow amendment — appealability of striking out orders.
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15 December 2023 |
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Stay of execution granted pending appeal; applicant complied with rule 11 timing and must lodge a USD 51,622.09 bank guarantee.
Labour law – stay of execution pending appeal – Court of Appeal Rules r.11(3),(4),(5),(7) – timeliness of stay application – proof of awareness of execution – conditional stay on deposit of bank guarantee (USD 51,622.09).
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15 December 2023 |
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Dissatisfaction with a judgment is not a manifest error warranting review; conviction upheld on last-seen circumstantial evidence.
Review – jurisdiction under section 4(4) AJA and rule 66(1)(a) – limited to obvious/patent errors on the face of the record. Review is not a re-hearing or an appeal in disguise; dissatisfaction with outcome insufficient. Criminal law – circumstantial evidence/"last seen" principle can sustain conviction where recent-possession evidence is rejected. Doctrine of recent possession – admissibility and chain of custody considerations do not automatically invalidate conviction if other strong evidence exists.
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14 December 2023 |
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Review dismissed because applicant sought rehearing rather than identifying a manifest error on the face of the record.
Appellate procedure – Review under section 4(4) AJA and rule 66(1)(a) – manifest error on the face of the record required. Review is not a substitute for appeal – finality of litigation. Evidence – doctrine of recent possession and last-seen circumstantial evidence; evaluation of such evidence not ordinarily a ground for review.
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14 December 2023 |
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Uncorroborated, contradictory prison-delay explanation and unexplained days of delay failed to justify extension to file review.
Procedure — Extension of time under Rule 10 — "Good cause" requires promptness, valid explanation, diligence and accounting for each day of delay; evidential corroboration required for prison-related causes of delay; applicant must show intended grounds under Rule 66(1) when seeking extension for review.
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14 December 2023 |
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Failure to account for each day of delay and lack of corroboration defeated extension to file review.
Civil procedure – extension of time – Rule 10 (good cause) – necessity to account for each day of delay; Corroboration of prison-related delays – affidavit from officer required; Review procedure – Rule 66(1)/(3) – 60-day limitation for filing review applications.
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14 December 2023 |
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Conviction for statutory rape of an eight‑year‑old upheld despite procedural defects; PF3 expunged but evidence sufficient.
Criminal law – Statutory rape – proof of penetration and age; Medical evidence and delayed examination; Admissibility and procedural requirement to read documentary exhibits (PF3); Credibility of family witnesses; Procedural omissions (Preliminary Hearing, supply of statements, right to legal representation) and prejudice.
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14 December 2023 |
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Conviction for statutory rape upheld; PF3 expunged for not being read out, medical and witness evidence deemed sufficient.
Criminal law – Statutory rape – Proof of penetration – medical evidence (perforated hymen) as corroboration; documentary exhibit (PF3) must be read out after admission – failure leads to expungement; family witnesses – credibility assessed by trial court; right to legal representation not automatic without request and certification; nondisclosure of complainant’s statement not fatal absent prejudice.
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14 December 2023 |
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Conviction quashed because identification by recognition was unreliable after failure to name suspect at earliest opportunity.
Criminal law – Identification by recognition – Visual identification is inherently unreliable and must be treated with caution – Failure to name suspect at earliest opportunity undermines reliability. Criminal procedure – Second appeal – limited to points of law under s.6(7)(a) AJA. Conviction quashed where identification evidence showed real risk of mistaken identity.
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14 December 2023 |
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Conviction based on recognition identification quashed due to unexplained failure to name the suspect at the earliest opportunity.
Criminal law – identification by recognition – caution in acting on visual identification – Waziri Amani principle. Evidence – failure to name suspect at earliest opportunity undermines reliability of identification. Appellate jurisdiction – second appeal confined to questions of law under section 6(7)(a) AJ Act.
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14 December 2023 |
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Applicant failed to show good cause or account for delay; extension of time to serve respondents denied.
Civil procedure – extension of time – Rules 10 and 48(1) Court of Appeal Rules – requirement to show "good cause" under Lyamuya factors (account for all days, absence of inordinate delay, diligence). Service of appeal documents – duty to serve all parties who took part in High Court proceedings – deliberate non‑service and counsel's negligence defeats extension. Technical delay – not established where applicant fails to account for periods of delay.
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13 December 2023 |
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Failure to account for delay and counsel’s negligence justified refusal to extend time to serve unserved respondents.
Civil procedure – Extension of time – Rule 10 Court of Appeal Rules – Good cause and Lyamuya factors – duty to account for all days of delay – diligence vs. negligence of counsel – service of notice of appeal on all parties – technical delay not established.
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13 December 2023 |
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The applicant granted 60‑day extension to lodge supplementary record after delay attributed to court registry, not applicant.
Civil procedure – Extension of time under Rule 10 – court discretion and factors for sufficient cause (Lyamuya). Evidence – affidavit evidence and direct oral evidence – section 62(1) Evidence Act; hearsay objections to affidavit paragraphs. Court of Appeal Rules – Rule 49(1) on affidavits supporting formal applications.
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13 December 2023 |
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Whether affidavit paragraphs were hearsay and whether the applicant showed sufficient cause for extension of time.
Evidence — Affidavit contents — distinction between hearsay and direct oral evidence — Evidence Act s.62(1) — statements heard by deponent are direct evidence and not hearsay. Civil procedure — extension of time to file record of appeal — discretion under Court of Appeal Rules r.10 — sufficient cause assessed by promptness, explanation for delay and diligence (Lyamuya factors). Procedural objections — strike out vs expungement — court may dismiss preliminary objection where affidavit compliance shown.
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13 December 2023 |
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Amendment removing leave requirement rendered the applicant’s extension to seek leave moot; application struck out.
Appellate procedure — amendment to Appellate Jurisdiction Act s.5 — removal of leave requirement for civil appeals to Court of Appeal — retrospective application of procedural amendment — Rule 10 application for extension of time to seek leave rendered moot and struck out; Primary Court origin — certificate on point of law issue noted.
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13 December 2023 |
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Statutory amendment removing leave requirement rendered extension application to seek leave to appeal unnecessary; application struck out.
Appeal procedure – Amendment to section 5 AJA (Legal Sector Laws Act 2023) – Removal of leave requirement for appeals from High Court – Application for extension of time to apply for leave rendered moot; Primary Court-originated matters ordinarily require certificate on point of law.
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13 December 2023 |
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Court upheld trafficking conviction, finding charge adequate, chain of custody proven, and cautioned statement admissible.
Drugs — Trafficking under section 15 — Particulars of charge and requirement of specificity; Evidence — Chain of custody of seized narcotics — oral proof and Submission Form omissions; Forensic procedure — role of Chief Government Chemist in weighing and analysis; Evidence — minor contradictions in vehicle description; Evidence — voluntariness and evidential value of cautioned statement.
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13 December 2023 |
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Appeal dismissed: charge adequate, chain of custody and cautioned statement reliable, conviction for trafficking upheld.
Criminal law – Narcotic drugs trafficking – sufficiency of particulars under s.15 Drugs Control and Enforcement Act; Evidence – chain of custody – oral proof and documents; Evidence – admissibility and weight of cautioned statement; Procedure – Submission Form defects and weighing by Chief Government Chemist; Insignificant contradictions in witness description do not necessarily vitiate conviction.
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13 December 2023 |
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Court upheld retrenchment as lawful and procedurally fair, dismissing the challenge and deferring to legitimate employer business decisions.
Labour law – Retrenchment – operational requirements – employer's burden to prove substantive and procedural fairness under section 38(1) – consultation and retrenchment agreements as evidence. Standard of proof – balance of probabilities; CMA should not apply unduly high standard. Judicial restraint – non-interference with legitimate business decisions.
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12 December 2023 |
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An employee who lawfully resigns may still be entitled to repatriation and subsistence under section 43(1) ELRA.
Employment law – Repatriation and subsistence – s.43(1) ELRA; entitlement where employee resigns; Code of Good Practice (GN.42/2007) rule 3(2) – termination by employee is lawful termination; requirement for employee to request repatriation; calculation of subsistence from date of request.
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11 December 2023 |
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An employee who resigns may still be entitled to statutory repatriation and subsistence under ELRA s.43(1) and the Code.
Employment law – repatriation costs and subsistence – whether voluntary resignation bars entitlement – interpretation of ELRA s.43(1) and Code of Good Practice rule 3(2). Statutory interpretation – section 99(3) ELRA requires regard to published codes – plain meaning applies. Administrative evidence – employer’s own admissions on prepared payments relevant to liability.
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11 December 2023 |
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Appeal cannot proceed without the impugned trial judgment; High Court judgment quashed and remitted for rehearing.
Criminal procedure – necessity of including impugned trial court judgment and proceedings in the record of appeal – section 362(2) CPA. Appellate jurisdiction – revisional powers of the Court under section 4(2) AJA – quashing appellate judgment where first appellate court not properly seized. Nullity – determination made without the trial record is a nullity. Remedy – remittal for fresh determination and direction for expeditious disposal in light of custody.
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7 December 2023 |