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Citation
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Judgment date
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| May 2018 |
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Conviction for possession of forged notes quashed where evidence rested on hearsay, rumours and untested bank confirmation.
Criminal law – possession of forged currency – requirement that prosecution proves possession and knowledge beyond reasonable doubt. Evidence – hearsay and rumours – cannot ground a criminal conviction; direct evidence and proper chain of custody required. Evidence – tendered bank confirmation insufficient when the examiner who tested exhibits is not called. Procedure – absence of seizure certificate and failure to call critical witnesses undermines prosecution case; conviction unsafe.
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16 May 2018 |
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Doubts over victim's and medical evidence on penetration led court to quash the applicant's rape conviction.
Criminal law – Rape – Sufficiency and credibility of victim's evidence; requirement to prove penetration; weight and foundation of medical (PF3) evidence; benefit of doubt resolves in accused's favour.
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16 May 2018 |
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Appeal allowed: victim and medical evidence unclear on penetration, conviction quashed and appellant ordered released.
Criminal law – Rape – Essential element of penetration; complainant’s evidence as best evidence but must be clear and coherent; medical evidence must have proper foundation and explanation; where doubts on penetration/identity remain they are resolved in favour of the accused.
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16 May 2018 |
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Court extended time to file appeal due to late supply of tribunal proceedings and drawn order, allowing 21 days to appeal.
Civil procedure — Extension of time to appeal under sections 93 and 95 CPC — Delay due to late supply of tribunal proceedings/drawn order — Ex parte hearing where respondent refused to accept summons — Discretion to extend time exercised in applicant's favour.
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15 May 2018 |
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Applicant failed to account for an inordinate delay and did not show sufficient reasons for extension of time.
Extension of time; Limitation Act and s.95 CPC — requirement to show sufficient cause and to account for each day of delay; affidavits binding on parties; lay litigant’s status and language difficulty not automatically excusing inordinate unexplained delay.
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15 May 2018 |
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Application for judicial review struck out as filed out of time without court leave; section 21(2) not automatic.
Judicial review – leave to apply for prerogative orders – limitation – section 21(2) Law of Limitation Act – time spent on struck-out proceedings not automatic ground to exclude elapsed time – party must apply for extension; court cannot act suo motu – application struck out as filed out of time without leave.
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15 May 2018 |
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An application supported by an affidavit containing falsehoods and wrong case particulars is incompetent and struck out.
Procedure — Extension of time — Chamber summons and affidavit referring to wrong case; Affidavit law — Affidavit tainted by untruths cannot support an application; Civil procedure — Preliminary objection: amendment not allowed to pre-empt objection; Law of Limitation Act s.14(1) and Civil Procedure Code s.95 invoked.
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14 May 2018 |
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Suit over deceased's land quashed for lack of letters of administration and failure to serve statutory notice.
Locus standi — Suit over deceased’s estate — appointment as administrator required before instituting proceedings; Local Government — suing Village Council — mandatory 30‑day notice under s.190 Cap 287; Procedure — failure to comply with jurisdictional/ statutory prerequisites renders proceedings nullity; Appeal — no appeal lies from null proceedings.
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11 May 2018 |
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Chairman’s vacated recusal and proceeding without applicant’s advocate denied a fair hearing, nullifying tribunal decision and ordering retrial.
Land law — trial fairness — judicial recusal and functus officio — right to legal representation during trial — apparent bias vitiating proceedings — retrial ordered.
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11 May 2018 |
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Ex‑parte application against the Attorney General dismissed for failure to prove summons were duly served.
Civil Procedure – Order IX Rule 6(1)(i) – Ex‑parte proceedings against the Attorney General – Requirement of proof of due service of summons – Adequacy of supporting affidavit and evidence – Premature application where service not proven.
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11 May 2018 |
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11 May 2018 |
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High Court struck out the applicant's stay application because Section 95 CPC does not independently confer jurisdiction to grant a stay.
Civil procedure — Stay of execution — Application under Section 95 Civil Procedure Code — Jurisdiction — Competence of petition — Wrong provision cited — Precedent: Hassan Karim & Co Ltd v Africa Import and Export Central Corporation and Tanzanian authorities.
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11 May 2018 |
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A Primary Court cannot reopen an issue it has already decided; subsequent conflicting ruling was set aside.
Probate law — functus officio — Primary Court cannot re-open an issue it has already decided; misinterpretation of s.11 of 5th Schedule MCA Cap 11 does not permit overruling prior decision; conflicting judgments in same cause set aside.
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11 May 2018 |
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High Court quashed tribunal's closure of defence, finding denial of right to be heard and ordering trial continuation.
Revision jurisdiction – District Land and Housing Tribunal – closure of defence for non-appearance – right to be heard and fair hearing – oral notice of unavoidable absence due to attendance in superior court – error material to the merits.
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11 May 2018 |
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Applicant granted interim injunction to preserve buses; contempt not proved for civil committal.
Commercial injunctions – interim restraining orders – affidavit evidence establishing serious question to be tried, risk of irreparable harm and balance of convenience; failure to file counter‑affidavit – submissions from the bar are not evidence; civil contempt – must be proved beyond reasonable doubt and cannot be established by oral submissions alone.
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11 May 2018 |
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Retracted cautioned confessions without independent corroboration insufficient for murder conviction on circumstantial evidence.
Criminal law – murder – circumstantial evidence and cautioned/confession statements – retraction/repudiation of statements – requirement for independent corroboration – failure to prove accused was on duty as watchman – acquittal for want of proof.
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11 May 2018 |
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A revision under the Magistrates' Courts Act filed after 60 days is time-barred under the Law of Limitation.
Limitation Act – item 21 Part III (60 days) applies where no time provided by substantive procedure statute; Revision under s.44(1)(b) Magistrates' Courts Act; Order XXIII Rule 4 CPC not applicable by analogy to Magistrates' Courts Act applications; Technical citation errors not fatal to substantive justice.
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10 May 2018 |
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Tribunal's finding of respondent's ownership upheld; appellant's evidence insufficient and missing decree copy not fatal.
Land dispute — proof of ownership — weight of evidence and vendor admissions; admissibility and effect of sale agreement; assessor's opinion not determinative; preliminary objection on missing decree overruled.
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10 May 2018 |
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An application in probate must follow Rule 105 Probate Rules; wrong procedural citation renders the application incompetent and is struck out.
Probate procedure – Application for directions to administrator – Rule 105 of the Probate Rules governs chamber summons for directions – Wrong citation of procedural provisions renders application incompetent – Application struck out.
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10 May 2018 |
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A probate application was struck out for being filed under the wrong procedural provision instead of Rule 105 of the Probate Rules.
Probate law – Procedure – Rule 105 Probate Rules applies to applications for directions to an executor or administrator – must be by chamber summons supported by affidavit. Civil procedure – Wrong citation of law renders application incompetent – application struck out. Estate administration – orders to compel surrender of estate property require proper probate procedure.
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10 May 2018 |
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Proceeding ex parte was justified for absent advocate without proof, but the respondent failed to prove title on the balance of probabilities.
Civil procedure – Ex parte proceedings – When a tribunal may proceed ex parte for absent advocate without cogent proof of excuse. Evidence – Requirement of proof on the balance of probabilities even in ex parte hearings; preference for viva voce testimony and cross-examination over mere affidavits. Land law – Validity of sale and transfer of land – need for competent vendor evidence and proof of authority to sell. Judicial practice – Trial judge’s discretion in case management and refusal of adjournments. Assessors – Departure from assessors’ opinion and requirement for adequate reasons.
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10 May 2018 |
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A preliminary objection alleging non-joinder and missing statutory notice was improper; appeal allowed to enhance damages.
Land law — preliminary objection — when a preliminary objection raises a pure point of law versus factual issues; non-joinder of employer and statutory notice requirements; ex parte judgment and proof of service; pleadings must support tribunal findings.
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10 May 2018 |
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Court found plaintiffs held customary rights and awarded damages despite a prior granted right of occupancy.
Land law – customary occupancy versus granted right of occupancy; allocation without notifying or compensating customary occupiers; entitlement to damages where third‑party interests were ignored.
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10 May 2018 |
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Appeal allowed: claimant lacked locus standi and trespass claim was time‑barred due to long undisturbed possession.
Land law – possession and acquiescence – prescription/12‑year rule; Locus standi in estate matters – need for administratrix or probate to sue; Tribunal decisions – error in entertaining time‑barred claim and awarding compensation.
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10 May 2018 |
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Allocation authorized a temporary kiosk only; erecting a permanent house without permit warranted demolition and no compensation.
Land allocation – letter permitting temporary hut/kiosk does not equate to right of occupancy or permit to erect permanent house Compliance with permits – erection of permanent structure without permit and encroachment on road reserve Compensation – absence of ownership or lawful entitlement precludes compensation for demolition Administrative tribunal composition – DLHT properly constituted (Reg. 23(3) to Land Disputes Courts Act)
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10 May 2018 |
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A temporary allocation for a kiosk does not permit erection of a permanent house or entitlement to compensation.
Land law – allocation for temporary kiosk versus building permit; right of occupancy; construction beyond permitted use; entitlement to compensation; validity of DLHT constitution under Regulation 23(3) of the Land Disputes Courts Regulations.
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10 May 2018 |
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Appeal allowed in part: DLHT misapplied balance of probabilities and failed to address ownership and compensation issues, decision quashed.
Land law – survey and allocation of land – challenge to legality/revocation of survey plan; evidential standard – assessment on balance of probabilities; admissibility/weight of will and council minutes; deemed versus granted rights of occupancy; entitlement to compensation for unexhausted improvements and loss of expectation; non-joinder of Commissioner for Lands; alleged bias of tribunal assessor.
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10 May 2018 |
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Non-payment of rent is a fundamental breach allowing lawful termination; appellant’s appeal dismissed with costs.
Land law – lease – rent as a fundamental term – non-payment amounts to fundamental breach permitting termination. Co-tenancy – liability of individual co-tenant for rent where admission of sole responsibility made. Civil procedure – preliminary objections on counsel competency and verification clause not fatal where no prejudice shown. Remedy – claim for investment or contribution must be pleaded and pursued as a separate cause of action.
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10 May 2018 |
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Appellate finding of adverse possession quashed due to insufficient evidence; matter remitted for fresh hearing.
Land law – adverse possession – requirement of peaceful and uninterrupted occupation for statutory period (12+ years) to establish title. Land law – invitee/host principle – an invitee cannot exclude the host regardless of length of occupancy. Civil procedure – appellate review – reassessment of evidence and adequacy of findings; remedy of quashing and remitting for de novo hearing. Locus standi – necessity to prove appointment when claiming to act as an administrator of family land.
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10 May 2018 |
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A tribunal lacking jurisdiction cannot lawfully declare ownership; unsigned verification disowns plaint and applicant must be heard.
Land law – Jurisdiction and preliminary objections – Tribunal held lacking jurisdiction but declared ownership – Declaration without evidence and while functus officio unlawful; Civil Procedure – Verification clause (Order IV r.15(3)) – unsigned verification disowns plaint and is incurable; Civil procedure – Misjoinder/non-joinder – not automatically fatal but requires delicate handling; Natural justice – Right to be heard violated where decision made without evidence or hearing.
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10 May 2018 |
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Delay in obtaining a judgment copy can be sufficient cause for extending time to file an appeal.
Extension of time – sufficient cause – delay to procure copy of judgment – appeal under Law of Marriage Act s80 – necessity of certified judgment where appellate counsel did not conduct trial – absence of proof by respondent.
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10 May 2018 |
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Applicant failed to show good cause for extension; misdated receipt without proof of clerk’s fault did not excuse late filing.
Civil procedure – extension of time – good cause – necessity to name responsible official and provide specific, non-vague evidence. Civil procedure – filing – date of payment via exchequer receipt regarded as date of filing; misdated receipts require proof of clerk’s responsibility. Appeals – merits of intended appeal are irrelevant when determining extension of time; court must not prejudge appeal substance. Jurisdiction – time-bar defects affect jurisdiction; proper remedy is dismissal, not striking out.
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10 May 2018 |
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The court held the applicant, as rightful owner, entitled to compensation after defendants wrongly paid a third party.
Land acquisition — entitlement to compensation — rightful ownership established by title and letters of administration — wrongful payment to third party lacking documentary title — valuation and compensation schedules relied upon — award of building compensation, general damages, interest and costs.
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10 May 2018 |
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A material variance between the charge sheet date and the evidence entitled the accused to acquittal.
Criminal law – murder – material variance between charge sheet particulars (date) and evidence – requirement to amend charge and offer recall of witnesses – failure to amend entitles accused to acquittal. Evidence – prosecution’s duty to prove every allegation in the charge sheet beyond reasonable doubt. Procedure – application of appellate authority on amendment of charges and recall of witnesses.
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10 May 2018 |
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Whether disputed school land was the applicant’s private property or community land allocated in official capacity.
Land law – village land allocation – distinction between acts done in official capacity and personal ownership – requirement of village assembly approval under s.8(5) Village Land Act – ownership of community development projects – proof of specific damages.
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10 May 2018 |
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Instruction, attendance and disbursement costs taxed under applicable Advocate Remuneration Schedules; unsupported item disallowed.
Taxation of costs – instruction fees in contested commercial suits under Ninth Schedule; court attendance taxed under Eighth Schedule item 23; disbursements allowed where publications are on file; receipts for disbursements required only if requested by Taxing Officer (Order 58(1)); unsupported items taxed off.
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10 May 2018 |
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Administrator lacked standing to challenge prior land sales; tribunal’s finding of valid sale upheld and appeal dismissed with costs.
Land law – validity of sale – evidence and witnesses supporting sale agreement; forgery allegation unproven. Civil procedure – locus standi – administrator cannot challenge transactions predating appointment. Appellate review – evaluation of evidence and assessors' opinions upheld; failure to show procedural incapacity of a party does not vitiate judgment.
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10 May 2018 |
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Administrator appointed after the contested transfers lacked standing; tribunal rightly upheld earlier sales and rejected forgery allegations.
Land law – validity of sale – allegation of forged sale agreement – evaluation of oral and documentary evidence – standing of administrator appointed after transactions – delay in challenging title.
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10 May 2018 |
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Applicant's vague claim of late supply of judgment failed to show good cause; extension of time refused and appeal dismissed with costs.
Application for extension of time – delay allegedly caused by late supply of judgment – necessity to account for each day of delay; affidavit must state when copy was requested and received; mere unparticularized assertions insufficient; extension refused where applicant failed to show good cause.
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10 May 2018 |
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Failure to determine the appellant’s counterclaim vitiated the tribunal’s judgment and warranted setting aside and retrial.
Land law; counterclaim; jurisdictional/ procedural irregularity; failure to determine counterclaim; revision under section 43(1)(b) Land Disputes Courts Act; remittal for retrial before different chairman.
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10 May 2018 |
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9 May 2018 |
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Revision application dismissed as time-barred and incompetent for citing Civil Procedure Code provisions in a Primary Court matter.
Limitation — applicability of item 21 Part III of the Law of Limitation Act (60 days) to revision applications; Civil Procedure Code does not apply to Primary Courts — wrong enabling provisions vitiate competence of application; requirement of leave to extend time under Limitation Act.
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9 May 2018 |
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The respondent breached the joint venture by failing to transfer the agreed initial 75% share and to process unit sub‑titles.
Contract — Joint Venture Agreement — Shareholding structure and title transfers — Breach for failing to implement agreed initial 75% share, inordinate delay in transferring title, and refusal to process unit sub‑titles — Commercial loss and assessment of general damages.
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9 May 2018 |
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Witness statements filed after mediation were within the seven-day statutory period; preliminary objection dismissed with costs.
Commercial Division Procedure Rules – Rule 49(2) – filing of witness statements within seven days after mediation. Computation of time – Law of Limitation Act s.19(1) – exclusion of the first day in computing prescribed periods. Preliminary objections – non-compliance with filing orders vs. failure to prosecute. Rule 50 – powers at final pre-trial conference to regulate evidence. Costs – dismissal of objection with costs.
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9 May 2018 |
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Application to suspend a garnishee order was struck out for being improperly founded and supported by a defective affidavit.
Civil Procedure Code — Sections 68(e) and 95 — jurisdictional limits; stay of execution — proper procedure and enabling provisions; affidavits — material falsehoods and defective verification (Order VI r.15(2)) render application incompetent; strike out for being improperly moved.
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9 May 2018 |
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Conviction based on preliminary‑hearing admissions without a recorded plea change is illegal; appeal allowed and accused released.
Criminal procedure – Pleas – Effect of a plea of not guilty and requirements when proving prosecution case under Section 229. Criminal procedure – Preliminary hearing (s.192) – Admissions at preliminary hearing cannot substitute for proper plea change or prosecution evidence. Fair trial – Language barrier and right to be tried with understanding; absence of proper plea record vitiates conviction. Irregularity – Incurable procedural irregularities render convictions illegal and warrant setting aside; retrial discretionary.
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9 May 2018 |
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The court taxed the Court Broker’s bill, allowing supported filing and travel costs but disallowing meals and accommodation as unreasonable.
Taxation of costs – Bill of costs presented by Court Broker – scrutiny and taxation of specified items. Admissibility of additional claims – omitted items must be included in bill for inspection; evidence required for disbursements. Proof and reasonableness – travel costs allowed if supported by tickets; meals and accommodation disallowed as not prescribed and unreasonable. Right of reference – parties informed of right to refer the taxation decision.
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8 May 2018 |
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Conviction for statutory rape upheld despite expunged cautioned statement due to overwhelming, unchallenged evidence.
Criminal law – Statutory rape (s.130(1), s.130(2)(e), s.131(1) Penal Code) – Victim’s evidence as best evidence – Cautioned statement must be read over to accused or be expunged – Failure to cross-examine leaves evidence unchallenged – Appellate courts’ concurrent findings of fact not lightly disturbed.
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8 May 2018 |
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8 May 2018 |
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Delay in obtaining mandatory copies of the judgment constituted sufficient cause to extend time to file for leave to appeal.
Civil procedure – extension of time – Section 11(1) Appellate Jurisdiction Act – delay caused by late supply of judgment/decree constitutes good cause. Court of Appeal Rules 2009, rule 49(3) – mandatory requirement to attach copy of decision/order to application for leave to appeal. Alleged illegality in judgment must be of sufficient importance and apparent on the record to independently justify extension of time.
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8 May 2018 |