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Citation
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Judgment date
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| October 2023 |
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Victim's credible oral testimony and mother's evidence proved statutory rape despite PF3 and cautioned statement being discounted.
Criminal law – sexual offences – statutory rape – proof of age by parental testimony; Evidence – best evidence in sexual offences is the victim's testimony; Criminal Procedure Act s.240(3) – requirement to call the examining medical practitioner for PF3; cautioned statements – voluntariness and admissibility; appellate review of concurrent findings.
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6 October 2023 |
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Trial was a nullity where DPP consent, certificate and formal charge were not filed or admitted, so convictions were quashed.
Criminal procedure; arraignment—formal presentation and admission of charge mandatory; Economic and Organised Crimes Control Act—DPP's consent and certificate required to confer jurisdiction on subordinate courts for economic offences; absence of these instruments renders trial a nullity; retrial inappropriate where charge was not properly before the court.
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6 October 2023 |
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Statutorily required DPP consent was absent; trial court lacked jurisdiction, convictions quashed and retrial denied.
Criminal law – Economic offences – Consent to prosecute under section 26(1) EOCCA must be given by the DPP personally and is non-delegable
Jurisdiction – Defective consent to prosecute renders subordinate court proceedings a nullity
Evidence – Disposal of government trophies in accused’s absence, irregular searches and doubts as to possession undermine prosecution case
Remedy – Retrial may be refused where it would occasion a miscarriage of justice; revisional power to quash convictions and order release
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6 October 2023 |
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Inadequate summing up and failure to inform assessors of their role vitiated the trial; convictions quashed and retrial ordered.
Criminal procedure — Assessors — Duty to explain their role and duties — Summing up — Circumstantial evidence and doctrine of recent possession — Failure to direct assessors on vital points vitiates proceedings — Retrial ordered.
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5 October 2023 |
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A defective information retaining a deceased accused without amendment prejudiced the appellants and warranted retrial.
Criminal procedure — Defective information — Failure to amend after abatement (s.284A) — Duty to amend under s.276(2) CPA — Prejudice to accused and fair trial — Defect not cured by s.388 CPA — Trial rendered nullity — Retrial ordered (Fatehali Manji principles).
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4 October 2023 |
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Trial without an endorsed DPP consent and certificate conferring jurisdiction rendered proceedings a nullity; convictions quashed, no retrial ordered.
EOCCA — jurisdiction of subordinate courts — requirement for DPP's consent and certificate conferring jurisdiction to be formally filed/endorsed and to cite relevant statutory provisions — omission renders trial a nullity; retrial discretionary — considerations include illegal search and improper disposal of exhibits.
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4 October 2023 |
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Non-compliance with section 246(2) CPA in committal proceedings vitiates trial, requiring nullification and remittal for fresh committal.
Criminal procedure – committal proceedings – requirement to read and explain information and statements at committal – section 246(2) CPA
Admissibility – witness statements not read at committal – necessity of section 289 CPA notice for testimony and documents. Procedural fairness – non-compliance with mandatory committal steps as fatal irregularity causing miscarriage of justice
Remedy – nullification of defective committal and trial proceedings, quashing convictions, and remittal for fresh committal under section 4(2) AJA
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4 October 2023 |
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The applicant failed to show good cause for extension to file a review application; the motion was dismissed.
Criminal procedure — Extension of time — Rule 10 Court of Appeal Rules — Good cause required to extend time to file review; Rule 66(3) — notice of motion for review must be filed within 60 days and state grounds; perfunctory affidavits failing to account for delay are insufficient.
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4 October 2023 |
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Appellant’s prosecution lacked valid DPP consent; trial was a nullity, conviction quashed and appellant released.
EOCCA – section 26 – Consent to prosecute – requirement that consent be given by the DPP or properly delegated officer; invalid consent vitiates jurisdiction. Criminal jurisdiction – trial court’s jurisdiction dependent on statutory consent – absence of valid consent renders proceedings nullity. Evidence and procedure – admitted documentary exhibits not read over; inadequate foundation for identification of trophies can undermine prosecution case. Appellate remedies – exercise of revisionary powers under s.4(2) AJA; retrial discretion where jurisdictional and evidentiary defects exist
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4 October 2023 |
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Defective EOCCA consent and certificate deprived the subordinate court of jurisdiction; conviction quashed and no retrial ordered.
Criminal law – Economic and Organised Crimes Control Act (EOCCA) – jurisdictional requirements – consent and certificate to subordinate courts – defective consent/certificate renders proceedings nullity – retrial when prosecution concedes insufficient evidence.
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3 October 2023 |
| September 2023 |
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Court dismissed the appellant’s appeal, finding the prosecution proved rape beyond reasonable doubt despite PF3 expungement.
Criminal law – Rape: proof of lack of consent and penetration; PF3 expunged for procedural non-compliance; failure to cross-examine complainant affects credibility; new grounds of insanity not entertained on second appeal if not raising point of law.
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25 September 2023 |
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Referral filed out of time without valid condonation rendered CMA and High Court proceedings a nullity; appeal allowed.
Labour law — time limits for referral to CMA (Rule 10 GN
No. 64 of 2007) — territorial jurisdiction — mediator functus officio — condonation procedure and supporting affidavit (Rule 29) — jurisdictional defect renders CMA and High Court proceedings nullity
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22 September 2023 |
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Court dismissed reference; upheld single Justice's grant of extension, certificate invalidity finding, and refusal to expunge late submissions.
Civil procedure — Reference from single Justice — Extension of time to file appeal documents — Validity of certificate of delay — Proof of service and collection of court records — Discretion to expunge late written submissions — Overriding objective and substantive justice.
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22 September 2023 |
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Failure to serve a directly affected party with the notice of appeal under rule 84(1) is fatal; appeal struck out with costs.
Civil procedure — Appeal — Rule 84(1) Court of Appeal Rules — mandatory service of notice of appeal on persons directly affected — failure to serve is fatal; only the Court can dispense with service on ex parte application — Overriding objective cannot cure breach that denies right to be heard; appeal incompetent and struck out.
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22 September 2023 |
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Failure to consider the appellant's defence and improper retrial led to quashing of the rape conviction.
Criminal law – rape – evidence of victim, arrest at scene, and medical examination; identification when arrested near scene. Appellate procedure – second appeal limitations – no jurisdiction to entertain new grounds not argued in the first appeal
Retrial – inappropriate where earlier appellate court found major contradictions in prosecution witnesses; retrial must not be ordered to enable prosecution to cure evidential gaps. Criminal procedure – failure to consider the accused’s defence is fatal and vitiates conviction
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21 September 2023 |
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A second-bite extension under Rule 45A must be filed within 14 days or be rendered time-barred without a Certificate of Delay.
Civil procedure — Extension of time — Second-bite applications under Rule 45A — 14-day limitation for applications after High Court refusal — Certificate of Delay required if delay due to awaiting records — time-barred application struck out.
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21 September 2023 |
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Cautioned statement and PF3 improperly admitted; after discounting them prosecution failed to prove unnatural offence beyond reasonable doubt.
Criminal law – admissibility of confessions – mandatory inquiry into voluntariness upon objection; Evidence – documentary exhibits must be read over and explained after admission; Sufficiency of prosecution evidence – medical evidence not conclusive without corroboration, victim's absence and non‑summoning of material witnesses may undermine proof of penetration for unnatural offence.
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21 September 2023 |