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Citation
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Judgment date
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| June 1995 |
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Acquittal upheld where prosecution failed to prove housebreaking and bicycle ownership amid conflicting frame-number evidence.
Criminal law – sufficiency of evidence – proof of housebreaking and stealing – need for evidence of forced entry and positive identification of stolen property. Evidence – identification of property – adequacy of general description and petty marks versus documentary/serial/frame numbers. Criminal procedure – misdirection by trial court via extraneous findings – effect on safety of conviction. Charging – duplicity where composite offences are charged in separate counts – irregularity harmless unless it causes failure of justice.
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30 June 1995 |
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Appellate court improperly overturned trial fact-finding using unrecorded site-visit evidence; primary court judgment restored.
Civil procedure – appeal against findings of fact – appellate court must not disturb trial court credibility findings absent clear misdirection; improper reliance on unrecorded extra-record evidence from site visit; section 21(1)(a) Magistrate Courts Act on taking additional evidence; village government cannot lawfully appropriate land developed by a villager without due process.
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29 June 1995 |
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Reported
Using "Memorandum of Appeal" or omitting a judgment copy did not render the appeal incompetent; primary court judgment restored.
Civil procedure – appeal from Primary Court – correctness of appellate court's factual findings; misconstruction of evidence. Appeals – form of grounds – use of "Memorandum of Appeal" vs "Petition of Appeal" not fatal. Procedural requirement – no statutory requirement under s.25 Magistrates' Courts Act 1984 to accompany grounds with judgment copy. Remedy – quashing of appellate decision and restoration of trial court judgment.
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27 June 1995 |
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Appellant’s fabricated abduction account rejected; convictions for conspiracy and stealing and imposed sentences upheld.
Criminal law – circumstantial and eyewitness evidence – credibility findings; alleged abduction and fabrication of alibi; conspiracy and stealing of issued government property; appellate review of factual findings and sentence.
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27 June 1995 |
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The applicant’s implausible abduction defence was rejected; convictions for conspiracy and theft of a shotgun upheld and sentence affirmed.
Criminal law – Appeal against conviction – Credibility of accused’s defence – Implausible abduction/robbery defence rejected. Theft of government-issued firearm – Evidence of issue and subsequent theft – conspiracy to steal. Sentencing – Concurrent terms not manifestly excessive – appellate deference to trial court findings.
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27 June 1995 |
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Conviction for theft based on recent possession quashed where prosecution failed to identify stolen goods and magistrate misdirected on burden.
Criminal law – theft – recent possession doctrine – requirements for inferring guilt from possession – prosecution must identify stolen property and prove link to theft; misdirecting burden onto accused is fatal.
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27 June 1995 |
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Reported
Land Law - Land cultivated in common — Shamba - ownership of Civil Practice and Procedure - Appeal - Legislature’s various use of the words 'petition' and ‘memorandum’ - Whether significant difference when referring to grounds of appeal to a higher court - Section 25(3) of the Magistrates’ Courts Act, 1984, and the Civil and Criminal Procedure Codes of 1966 and 1985 respectively. |
27 June 1995 |
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Revisional court may not enhance sentence or substitute conviction without statutory notice; weak, inconsistent evidence rendered conviction unsafe.
Criminal law – robbery with violence – sufficiency and reliability of prosecution evidence – witness inconsistencies and intoxication; Criminal procedure – revisional jurisdiction of District Court – requirements to give notice and opportunity to be heard before substituting conviction or enhancing sentence (Magistrates' Courts Act s21(1)(b), s22(2)) – time limit on revision (s22(4)) – miscarriage of justice and quashing of conviction.
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26 June 1995 |
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Conviction for obtaining money by false pretences quashed where evidence showed no agency or intent to defraud, only suspicion.
Criminal law — Obtaining money by false pretences — Insufficiency of evidence; Agency — burden to prove principal–agent relationship; Intention to defraud — suspicion and delay insufficient to convict; Trial misdirection — appellate intervention warranted.
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26 June 1995 |
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Conviction for obtaining money by false pretences quashed where delay and possession of cash did not prove dishonest intent.
Criminal law – Obtaining money by false pretences – Requirement of proof of dishonest intention – Agency/business relationship insufficient alone to infer fraud – Suspicion and delay not proof beyond reasonable doubt – Conviction quashed for insufficient evidence.
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26 June 1995 |
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Conviction quashed where delivery records, signatures and witness evidence were inconsistent and prosecution failed to prove guilt beyond reasonable doubt.
Criminal law — Theft by servant/agent — Burden of proof — Prosecution must prove guilt beyond reasonable doubt; unreliable or uncorroborated delivery/receipt documents and failure to call recipients undermine prosecution. Evidence — Documentary evidence and signatures — Disputed signatures and suspected forgery reduce reliability. Procedure — Trial magistrate’s duty — must give benefit of reasonable doubt and not convict on uncorroborated or doubtful evidence.
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26 June 1995 |
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Conviction for theft quashed for insufficient proof; substituted with conviction for conveying property suspected to be unlawfully obtained.
Criminal law — Identification — Arrest and identification by arresting officers under electric security light held reliable; Theft — burden to prove stealing from store and detection of loss; Possession/Conveying — where theft not proved, conviction substituted for conveying property reasonably suspected to have been unlawfully obtained; Burden of proof — appellant's uncorroborated explanation insufficient to shift prosecution's burden.
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26 June 1995 |
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Circumstantial evidence and inconsistent explanations justified conviction for theft and confirmation of the five-year mandatory sentence.
Criminal law – Theft – Circumstantial evidence – Proximity in time between reported theft and possession of alleged stolen property – Credibility of accused – Inconsistent explanations – Minimum Sentences Act – Sentence confirmed on appeal.
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23 June 1995 |
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Both Primary and District Court decisions quashed; case remitted for trial de novo due to procedural and substantive defects.
Primary Court – defective award without counterclaim – Appellate judgment – insufficiency of reasons/non‑compliance with rule 16(1) GN 312/64 – Quashing of judgments and order for trial de novo before different magistrate and assessors – No fresh fees; no order as to costs.
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23 June 1995 |
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High Court dismissed appeal, finding appellate judgment adequate and evidence supported the respondent's claim to the land.
Civil procedure – Appeal – Adequacy of judgment – Points for determination and reasons – appellate judgment must contain sufficient reasons but need not repeat unnecessary formalities. Civil procedure – Appeal – Locus in quo – failure to visit locus not fatal where facts are clear and parties not prejudiced. Evidence – Proof of title – assessment on balance of probabilities; hearsay evidence limited value; corroboration by documentary evidence and eye-witness testimony determinative.
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23 June 1995 |
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The applicant lacked locus standi to sue for land belonging to her deceased father; appeal dismissed with costs.
Civil procedure – locus standi – succession – property of deceased – need for letters of administration/personal legal representative to sue in respect of estate property – appellate review of primary court finding.
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23 June 1995 |
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High Court upheld concurrent lower-court findings and ordered boundary conformable to the Primary Court's sketch map, dismissing the appeal.
Land dispute – boundary demarcation – encroachment and uprooting of boundary markers – weight of concurrent findings of Primary and District Courts – appellate restraint – adoption of Primary Court sketch map as boundary.
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21 June 1995 |
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Conviction for shop‑breaking and stealing quashed for insufficient, unreliable identification and trace evidence.
Criminal law – Burglary/shop‑breaking and stealing – identification and tracing of stolen property – commonality of items – insufficiency of proof – need for corroboration – caution when relying on uncorroborated/confessional material – appellate quashing of unsafe convictions.
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21 June 1995 |
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21 June 1995 |
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Ward Tribunal lacked jurisdiction over serious possession dispute; decisions quashed and parties may pursue civil action.
Administrative law – prerogative remedy – certiorari to quash decisions made without jurisdiction. Land law – jurisdiction of Ward Tribunals – Ward Tribunals limited to minor/customary land disputes, not complex possession claims. Civil procedure – remedy where tribunal acts beyond jurisdiction – quashing and referral to competent court.
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21 June 1995 |
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Attachment upheld for three cattle but excess three animals invalidated for lack of proof.
Execution of judgment – attachment of movable property – proof of ownership and identification by witnesses and marks – excess attachment invalid without proof (e.g., offspring) – appellate relief limited where new factual basis raised only on appeal.
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21 June 1995 |
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Absence from duty without awareness or witnessing of a crime cannot sustain conviction for neglect to prevent an offence.
Criminal law – Neglect to prevent an offence (s.383 Penal Code) – Liability requires awareness or actual witnessing of the offence – Absence from duty alone insufficient to convict.
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21 June 1995 |
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Appellant lacked proprietary interest and standing; sale was valid, no undue influence, appeal dismissed with costs.
Property law – validity of sale – vendor’s title and enforceability of written contract; Proprietary rights – communal or familial assistance in constructing property does not confer legal or equitable interest; Locus standi – absence of proprietary interest defeats right to sue to redeem; Contract law – no undue influence/duress proved; estoppel of vendor from denying free consent.
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20 June 1995 |
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Appeal dismissed: court will not consider facts absent from trial record; trial evidence upheld convictions and sentences.
Criminal law – Appeal – Factual matters not on record cannot be raised for first time on appeal; evidence of presence in game reserve and unlawful firearm possession sufficient for conviction.
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20 June 1995 |
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Appellate court allowed appeal and set aside trial judgment where identifying evidence for cattle ownership was inadequate.
Civil appeal – ownership of livestock – sufficiency of identifying marks and witness identification – appellate review of trial court’s credibility findings – setting aside unsupported judgment.
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20 June 1995 |
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Visual identification from a sudden surprise attack without proper parade safeguards is insufficient to support conviction.
Criminal law – visual identification – evidence of identification is of the weakest kind and must be watertight before supporting conviction. Identification parade – procedural safeguards and record-keeping essential to validate identification. Evidence – sudden surprise attack requires heightened caution when relying on eyewitness identification.
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19 June 1995 |
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Conviction based on a single night-time identification without corroboration is unsafe; trial court must carefully analyse identification factors.
Criminal law – identification evidence – single eyewitness – reliability where identification made at night – factors: light, time, distance, prior acquaintance – great care required before convicting on single identification. Criminal procedure – assessment of witness credibility – number of witnesses immaterial but credibility and corroboration must be considered. Burden of proof – prosecution must establish identity beyond reasonable doubt; accused need not prove alibi where identity not proved.
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19 June 1995 |
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Whether a village‑witnessed written agreement and credible trial evidence established a sale, not a pledge, of the farm.
Property law – Sale v pledge – Whether a parcel of land was sold or pledged as security for a loan (shs 6,000). Evidence – Weight and admissibility of a village‑drawn written agreement bearing signatures and witnesses despite informal drafting/alterations. Civil appeals – Appellate interference with trial court’s credibility findings; limits on re‑weighing evidence.
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16 June 1995 |
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Appellants’ convictions quashed where accounting records and documentary proof were inadequate and prosecution failed to prove receipt of monies.
Criminal law – sufficiency of evidence – reliance on accounting records and receipts – adequacy of documentary proof – unsafe conviction – appeal quashing convictions where prosecution failed to prove monies were received.
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16 June 1995 |
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Primary Court judgment unsigned by assessors is a nullity; appeals from it are incompetent and must be quashed.
Civil procedure – Primary Court judgment unsigned by assessors – defect renders proceedings a nullity – appeal to District Court incompetent – District Court proceedings and orders quashed – matter ordered reheard de novo before different magistrate and assessors.
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15 June 1995 |
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Convictions quashed for unsafe identification and failure to inform accused of his right to call witnesses.
Criminal law – Identification evidence – whether evidence excluded possibility of mistaken identification; delay in reporting and its effect on credibility. Criminal procedure – Mandatory duty under section 231(1)(b) to inform accused of right to call witnesses and to record response – non‑compliance renders trial unfair. Convictions quashed for unsafe identification and procedural irregularity.
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14 June 1995 |
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Convictions quashed where unreliable visual identification and unrefuted alibi left reasonable doubt.
Criminal law – Visual identification evidence – Inherent unreliability and requirement for cautionary warning; Failure to give warning may quash conviction; Burden on prosecution to disprove alibi; Circumstantial evidence and reasonable doubt; Sentencing and corporal punishment set aside.
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9 June 1995 |
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Conviction for causing death by careless driving quashed for lack of particulars and insufficient evidence of speeding.
Traffic law – careless/ dangerous driving – particulars of offence must state the act or omission constituting careless driving; evidence – single witness opinion on speed insufficient to prove guilt beyond reasonable doubt; causation – pedestrian's conduct may absolve driver; conviction quashed.
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9 June 1995 |
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Whether an appellate court may overturn a trial finding of a valid land sale absent evidence of clan ownership or sale invalidity.
Land law – proof of sale of customary/ rural land – weight of oral witnesses and written receipt; limitation – cause of action and accrual; clan ownership allegations require evidential support; appellate interference with primary court factual findings.
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9 June 1995 |
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8 June 1995 |
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Appellate court reinstated Primary Court’s site‑visit findings, holding respondent failed to prove trespass or ownership of disputed strip.
Land dispute – trespass – Primary Court site visit and factual findings – sufficiency of boundary evidence (walls, well, trees) – appellate deference to primary court findings based on inspection.
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8 June 1995 |
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Conviction for stealing by agent upheld; guilty plea found unequivocal, sentence reduced to 18 months and compensation ordered immediately.
Criminal law – stealing by agent – plea of guilty – requirement that every ingredient be explained and admitted (R v Yonasani Egalu) – "special owner" under Penal Code (possession/custody/proprietary interest) – sentencing discretion – balancing deterrence and reformation – compensation order effectivity.
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7 June 1995 |
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Conviction for possession of bhang quashed where prosecution failed to prove substance identity and trial magistrate misdirected.
Criminal law – unlawful possession of bhang – requirement of proof of identity of seized substance – absence of expert evidence – misdirection by trial magistrate – conviction quashed.
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7 June 1995 |
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Conviction for possession of illicit liquor quashed for insufficient proof of illicit nature and failure to conduct required preliminary hearing.
Criminal law – possession of illicit liquor – burden of proof – prosecution must prove possession, illicit nature of substance and lack of lawful explanation. Evidence – opinion evidence – police identification of illicit liquor requires proof of competence/experience. Criminal procedure – preliminary hearing – duty to state and record prosecutorial facts and admitted matters (rules 3, 4 and 6); failure to comply vitiates conviction.
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7 June 1995 |
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Conviction for cattle theft set aside due to unreliable identification and unexplained delay; appellant ordered released.
Criminal law – Theft of cattle – Identification evidence – Delay between loss and identification undermines reliability; Reasonable doubt where accused’s explanation (resemblance/legitimate sale) is plausible; Appellate interference where conviction unsafe; Order for immediate discharge when sentence set aside.
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6 June 1995 |
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Appeal allowed: identification delay and possible resemblance created reasonable doubt, conviction and five-year sentence set aside.
Criminal law – Theft – Identification evidence – Delay between private identification and police seizure may undermine reliability and create reasonable doubt – Conviction and sentence set aside where prosecution fails to dispel doubt.
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6 June 1995 |
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Conviction for abusive language quashed because evidence did not match the words as charged.
Criminal law – obscene/abusive language – charge must accord with words proved; material variance between charged words and witness evidence undermines conviction; reasonable doubt – appellate review and quashing of unsafe conviction.
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6 June 1995 |
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Court finds only one theft proved and orders Shs1,900 compensation for destroyed padlocks; appeal otherwise dismissed.
Criminal law – housebreaking and stealing – evidentiary inconsistencies as to amount stolen – only one incident proved. Compensation – damaged/destroyed property (padlocks) must be included in compensation. Appeal – partly allowed to adjust compensation, otherwise dismissed. Juvenile offender – age noted but conviction/sentence upheld except for compensation adjustment.
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6 June 1995 |
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Insufficient and uncorroborated evidence plus mischaracterised statement required quashing of burglary and stealing conviction.
Criminal law — Burglary and stealing — Sufficiency of evidence and identification — Admission statements under s.301(1) — Accomplice evidence requiring corroboration — Mischaracterisation of accused’s statement by trial court.
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4 June 1995 |
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Circumstantial evidence did not exclude reasonable innocent explanations; acquittals of bank employees for theft upheld and appeal dismissed.
Criminal law – Theft by public servant – Circumstantial evidence standard: must exclude reasonable innocent hypotheses; Alternative charge – occasioning loss to specified authority – proof of negligence required; Appellate review – may enter verdict on alternative charge but only where evidence suffices.
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2 June 1995 |
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A custody suit against the wrong party is misconceived; custody must remain with the mother and the dispute with her must be litigated with proper parties.
Family law – Child custody – Proper parties – A custody claim is misconceived if the person who actually has custody (the mother) is not joined as a party; court cannot adjudicate custody between non-parties.* Civil procedure – Locus and joinder – Suit against wrong party; dispute between non-parties cannot be decided in the absent party’s absence.* Remedy – Restoration of lower court’s decisions and declaration that children remain with the mother; costs to be borne by parties.
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2 June 1995 |
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A judge may assess an intended appeal’s merits when refusing leave to appeal out of time; application dismissed with costs.
Civil procedure – Appeals – Application for leave to appeal out of time – Whether a judge may consider the merits/ prospects of success of the intended appeal when deciding such an application – Established principle: judge may assess chances of success and refuse leave if appeal lacks overriding prospects.
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2 June 1995 |
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2 June 1995 |
Civil Practice and Procedure - Pleadings - Application for Amendment of Written Statement of Defence - What court to take into account when deciding whether or not to allow an application to amend a written statement of defence - Order 6 r 17 of the Civil Procedure Code. |
1 June 1995 |
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A Muslim testator cannot, by will, dispose of the principal asset exceeding the one‑third limitation; the will was invalid.
Wills — validity — undated will not necessarily void; Islamic inheritance — Muslim testator cannot bequeath more than one‑third of estate; testamentary disposition of principal asset inconsistent with Islamic law; administrator’s duty to verify property claims.
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1 June 1995 |