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Citation
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Judgment date
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| July 2023 |
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Leave to appeal granted where High Court wrongly decided substantive issues; jurat omission complained was not incurable.
Civil procedure – Leave to appeal – Exercise of discretion in applications for leave: court must assess whether proposed grounds raise issues of general importance, novel points of law or a prima facie/arguable appeal and must not determine substantive issues; Jurat of attestation – essentials under section 8 Notaries Public and Commissioners for Oaths Act – only omission of date, place or the authority (whom) renders affidavit incurably defective; Revision/Review – competence against orders marking suits withdrawn.
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21 July 2023 |
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The applicant's conviction was quashed for unsafe visual identification and insufficient incriminating conduct.
Criminal law — Visual identification — Recognition at night — witness must describe source, placement and intensity of light and room size; witness credibility and prompt identification important — Alleged incriminating conduct cannot substitute for unreliable identification — Conviction quashed for unsafe identification.
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21 July 2023 |
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A High Court judgment lacking issues, evidence analysis, and reasons was nullified and remitted for a fresh judgment.
Criminal procedure — Written judgment — Requirement to state points for determination, decision and reasons — Section 312(1) CPA. Assessors — Opinions not binding but Judge must analyse evidence and give reasons when disagreeing — Section 298(2) CPA. Evidence — Reliance on repudiated cautioned statements requires corroboration and analysis. Remedy — Nullification of defective judgment and remittal for fresh judgment; appellants to remain in custody.
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20 July 2023 |
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Failure to call a crucial witness and prior litigation supporting respondent’s possession led to dismissal of appellants’ land claim.
Land law – ownership and possession; locus in quo inspection; adverse inference and material witness non‑attendance; res judicata — scope and limits; evaluation of prior primary‑court judgment as evidence of title or possession.
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20 July 2023 |
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Absence of assessors' written opinions in DLHT record vitiates proceedings, warranting quash and remittal for compliance.
Land law; District Land and Housing Tribunal procedure; mandatory involvement of assessors; sections 23 and 24 LDCA; Regulation 19 of the Regulations; assessors written opinions must be read to parties and filed; absence of opinions vitiates proceedings; quash and remit remedy.
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20 July 2023 |
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Child witness’s evidence given without the s.127(2) promise is inadmissible; conviction quashed and retrial ordered.
Evidence Act s.127(2) – child witnesses – mandatory promise or oath before giving evidence; non‑compliance renders testimony inadmissible and liable to expungement. Section 127(6) does not override or cure failure to comply with s.127(2). Sexual/unnatural offences involving a child – uncorroborated medical or hearsay evidence is insufficient once child’s testimony is excluded. Retrial may be ordered where trial was vitiated by admissibility defects; trial to be before another magistrate.
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19 July 2023 |
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Applicant's late reference and failure to show good cause or identify error justify dismissal and refusal of extension.
Civil procedure — Reference against single Justice — Rule 62(1) time limit and rule 8 computation; Extension of time — "good cause" requirement; Ignorance of law, third‑party assistance, age/forgetfulness not good cause; New evidence in reference — only issues raised before Single Justice admissible without leave.
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19 July 2023 |
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Failure of a successor magistrate to record reasons for takeover violated the individual calendar system and vitiated the trial proceedings.
Civil procedure – Order XVIII Rule 10(1) CPC – Successor magistrate must record reasons for taking over trial; failure is procedural irregularity. Civil procedure – Individual calendar system – continuity of trial before assigned judge/magistrate; departures require recorded reasons. Revision/remedies – Misapprehension of evidence by successor and non-recording of reasons vitiate proceedings; nullification and remittal appropriate. Costs – Where appellate proceedings arise mainly from trial court irregularity, parties to bear their own costs.
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13 July 2023 |
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The appellant’s conviction was quashed after the child’s unsworn testimony and an irregularly obtained cautioned statement were expunged.
Evidence — Child witness — section 127(2) Evidence Act — mandatory promise to tell the truth; failure to record promise renders testimony valueless. Criminal Procedure — cautioned statement — narration of contents before formal admission and recording after four-hour limit under s.50(1)(a) CPA without extension — inadmissible and to be expunged. Appeal — sufficiency of evidence — conviction unsafe where inadmissible evidence is central.
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12 July 2023 |
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Acquittal alone does not prove malicious prosecution; respondents failed to show lack of reasonable and probable cause.
Malicious prosecution — burden to prove absence of reasonable and probable cause and malice; acquittal does not ipso facto prove malicious prosecution; reasonable suspicion may arise from circumstantial facts involving employee duties and presence in suspect vehicles.
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11 July 2023 |
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Omission under s.210(3) CPA not fatal; evidence proved incest beyond reasonable doubt; appeal dismissed.
Criminal law – Procedure – non-compliance with section 210(3) Criminal Procedure Act – omission not fatal absent prejudice; Evidence – incest (s.158 Penal Code) – victim’s testimony, eye-witness arrest and medical evidence can prove offence beyond reasonable doubt; Appellate procedure – new factual grounds not entertained on second appeal; PF3 admissibility – irregular admission expunged by first appellate court.
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11 July 2023 |
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Leave to seek judicial review was improperly granted without the impugned disciplinary decision; mandamus to compel production is the correct step.
Judicial review – Leave to apply for prerogative orders – leave is a necessary precondition and requires prima facie material; Administrative/discplinary law – police disciplinary process – Inspector General as final disciplinary authority; Remedies – mandamus to compel production of impugned decision and records; Civil procedure – incompetence of substantive judicial review without valid leave and without impugned records; Appellate jurisdiction – revisional powers under section 4(2) AJA to quash flawed High Court rulings.
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10 July 2023 |
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Failure to conduct voire dire and lack of corroboration made the rape conviction unsafe; appeal allowed and conviction quashed.
Criminal law – Evidence – Child witness of tender age – Failure to conduct voire dire renders testimony unsworn and requires corroboration; Criminal procedure – Admission of documents – Cautioned statement and PF3 admitted but not read out must be expunged; Evidence – Hearsay by relatives and medical evidence of penetration insufficient to identify or corroborate the alleged assailant; Standard of proof – Where corroboration is absent, conviction unsafe and must be quashed.
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10 July 2023 |
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Inconsistent child identification and inadequate investigation meant the applicant's conviction could not be sustained.
Evidence — Child witness — Sworn evidence and competency under Criminal Procedure Act; admissibility and duty to ensure understanding of oath. Sexual offences — Conviction on uncorroborated child’s evidence — requirement that testimony be ‘nothing but the truth’ and rigorous credibility assessment under section 127(7) Evidence Act. Identification — Visual identification reliability, need for identification parade and corroborative investigation. Criminal procedure — Adequacy of police investigation; failure to call material witnesses and arresting officer undermines prosecution case.
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10 July 2023 |