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Citation
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Judgment date
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| July 2025 |
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The court quashed a rape conviction due to insufficient evidence on identification and procedural errors.
Criminal Law – Rape – proof beyond reasonable doubt – identification – evidentiary standard – medical examination delays
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31 July 2025 |
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An administrator cannot resurrect a time-barred claim under customary law from a deceased's estate.
Customary Law – Limitation Period – Administration of Estates – Extinguished Right to Sue – Cause of Action Accrual
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30 July 2025 |
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Appeal challenging rape conviction dismissed; plea process deemed comprehensive despite appellant's age and illiteracy claims.
Criminal Law – Rape – Appellant's plea of guilty – Language comprehension and court record authenticity – Old age and illiteracy in plea process.
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29 July 2025 |
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Inconsistencies in evidence and contradictions led the court to quash the conviction for rape and order release.
Criminal Law – Rape – level of proof required for conviction – assessment of witness credibility – impact of contradictions in evidence – prior animosity as potential bias.
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29 July 2025 |
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The court quashed a conviction based solely on a cautioned statement recorded outside the statutory period without corroboration.
Criminal law – Evidence – Cautioned statement – Admissibility – Non-compliance with four-hour rule under section 50(1)(a) of the Criminal Procedure Act – Confession as sole evidence – Proof beyond reasonable doubt.
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29 July 2025 |
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Discrepancies between the charge and evidence led to the appellant's acquittal in a rape case.
Criminal law – rape charge – variance in charge date and evidence – failure to amend charge – acquittal due to unproven case.
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28 July 2025 |
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Appellant's rape conviction quashed due to flawed evidence and lack of corroboration.
Criminal law - Rape - Credibility of the sole witness - Necessity of corroborative medical evidence - Evaluation of trial court's findings.
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28 July 2025 |
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The Court of Appeal set aside a rape conviction due to lack of consistent prosecution evidence and missing key testimonies.
Criminal law – Rape – Insufficient evidence of penetration – Absence of key witness testimony and sketch map impacts prosecution case reliability.
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28 July 2025 |
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Appeal dismissed as circumstantial evidence and medical testimony sufficiently uphold conviction and sentence for unnatural offense.
Criminal law – Circumstantial evidence – Validity of conviction based on circumstantial evidence without eyewitnesses – Adequacy of medical testimony in proving violation.
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28 July 2025 |
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Amendment of charges without informing of right to recall witnesses leads to retrial's nullification.
Criminal Procedure – Fair trial – Amendment of charges – Right to recall witnesses – Procedural compliance under section 234 of the CPA.
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4 July 2025 |
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The defective charge rendered the appellant's burglary and theft convictions unsustainable, leading to nullified proceedings.
Criminal Procedure - Defective charges - Compliance with section 135 CPA - Incurability of defects under section 388 CPA.
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4 July 2025 |
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Improper charge amendment during judgment composition led to proceedings nullification and defendant's release.
Criminal procedure – amendment of charge – legality of charge amendment during judgment without parties' input – defective charge implications.
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4 July 2025 |
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The Court of Appeal allowed the appeal, deeming the sodomy charge unproven beyond reasonable doubt due to critical evidential inconsistencies.
Criminal law - sodomy - reception of evidence - section 127(2) of the Evidence Act - inconsistencies in evidence affecting proof beyond reasonable doubt.
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4 July 2025 |
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Trial court erred by opening a new case instead of following retrial order, leading to nullification of proceedings.
Criminal law – Procedure – Whether retrial order by appellate court was complied with – Nullity of proceedings from non-compliance.
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4 July 2025 |
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Failure to administer oaths to witnesses in arbitration proceedings nullifies the proceedings and necessitates a rehearing.
Labour Law – Arbitration Proceedings – Witnesses Testifying Without Oath – Nullification Due to Procedural Non-Compliance – Rehearing Ordered.
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4 July 2025 |
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The prosecution failed to prove rape beyond reasonable doubt, resulting in the appeal's allowance and appellant's release.
Criminal law – rape and impregnation of a school girl – evidentiary requirements for proof beyond reasonable doubt – procedural errors in charge sheet – impact of reporting delay on credibility.
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4 July 2025 |
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Defective charges and evidentiary inconsistencies led to appeal allowing and quashing convictions for armed robbery and gang rape.
Criminal law – Armed robbery – Requirement for weapon to be used against a person – Defective charge and conviction quashed. Criminal law – Gang rape – Discrepancy in charge and evidence – Conviction overturned due to prejudice against defendants. |
3 July 2025 |
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Convictions quashed due to procedural irregularities violating fair trial rights in a rape and robbery case.
Criminal Law - Defective charge - Omission of material particulars; Criminal Procedure - Change of magistrates without stated reasons; Fair trial - Prima facie findings and defense opportunity.
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3 July 2025 |
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Failure to establish the appellant's identification and substantial inconsistencies led to quashing of conviction for unnatural offence.
Criminal Law – Evidence – Identification – Reliability of victim's testimony in light of absence of prior description or identification.
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2 July 2025 |
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Conviction quashed due to charge-evidence variance on victim's identity, undermining trial fairness and reliability.
Criminal law — Rape — Variance between charge sheet and evidence regarding victim's identity — Conviction quashed due to unreliable evidence.
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2 July 2025 |
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Prosecution failed to prove theft beyond reasonable doubt due to speculative and inconclusive evidence of ownership and possession.
Criminal law – Theft – Proof of ownership and possession – Standard of proof – Prosecution's burden to prove allegation beyond reasonable doubt.
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2 July 2025 |