|
Citation
|
Judgment date
|
| January 2020 |
|
|
Conviction quashed: night-time visual identification unsafe, key witness omitted, and photos uncertified under s.202(1).
Criminal law – Visual identification – identification at night requires details on proximity, duration and light intensity; Identification evidence must be watertight. Criminal procedure – Duty to call material witnesses; failure to call important witness (WEO) permits adverse inference. Evidence – Photographs at a crime scene require certificate under s.202(1) Criminal Procedure Act for probative value.
|
30 January 2020 |
|
Appellants failed to prove new credible evidence meriting review; appeal dismissed and parties to bear own costs.
Land law — Review proceedings — Reception of fresh evidence in review application — Tarmohamed test: (1) evidence could not have been obtained with reasonable diligence; (2) evidence would probably affect outcome; (3) evidence is apparently credible — failure to particularize new evidence — improper rehearing.
|
30 January 2020 |
|
Specific pleading and proof of special damages required; appellate court may not grant unpleaded or newly introduced relief.
Contract law – breach of marriage agreement – necessity to specifically plead and specifically prove special damages; appellate courts must not introduce new facts or grant unpleaded relief.
|
29 January 2020 |
|
Appeal struck out where a parallel appeal on the same decision had been determined and remitted, making continuation unsafe.
Civil procedure — Parallel appeals challenging same decision — Risk of inconsistent outcomes — Remittal to executing court — Striking out appeal for consistency; preferable consolidation/hearing by a single judge; no order as to costs.
|
29 January 2020 |
|
Primary Court may appoint an administrator suo motu; appellate court wrongly set aside that appointment.
Probate law — Appointment of administrators — Primary Court powers under Fifth Schedule, Magistrates' Court Act (Cap. 11) para 2 — suo motu appointment permitted — evidential weight of family meeting minutes and contradictions in testimony — appellate interference with trial court factual findings.
|
29 January 2020 |
|
Allocation by local authority and long occupation upheld respondent's title; appeal dismissed with costs.
Land law – title by allocation – letter of offer and payment of land rent as evidence of allocation; probative value of historic tax/ground rent receipts not linked to specific surveyed plot; long occupation and improvements as supporting possession; insufficiency of mere payment receipts to prove ownership; first appeal obligation to re-hear evidence.
|
27 January 2020 |
|
Conviction for arson quashed due to unreliable identification, contradictions in family eyewitness evidence, and reasonable doubt.
Criminal law – arson – proof beyond reasonable doubt – identification evidence and uncertain time of incident; contradictions among family eyewitnesses undermining prosecution case. Criminal law – conspiracy – distinct offence; failure to prove conspiracy does not per se invalidate separate arson charge. Evidence – credibility and reliability – importance of independent witnesses, clear time, and motive in arson at village centre.
|
27 January 2020 |
|
Appeal struck out for lack of valid notice and trial court's failure to deliver separate, duly pronounced and dated judgments as ordered.
Criminal procedure — competence of appeal — requirement of valid notice of appeal; Delivery of judgment — mandatory requirements of sections 311 and 312 CPA (pronouncement in open court, presence of parties, signature and date); Failure to comply with appellate directive — remittal to trial court and striking out incompetent appeal.
|
23 January 2020 |
|
Conviction for stealing by agent quashed for failure to prove entrustment, existence of goods and uncorroborated evidence.
Criminal law – Stealing by agent (s.273 Penal Code) – Burden on prosecution to prove entrustment, existence and disposal of entrusted property; credibility and sufficiency of complainant’s evidence; inadmissibility/inefficacy where cautioned statement not tendered.
|
23 January 2020 |
|
Evidence established attempted cattle theft, not completed theft; conviction substituted and sentence reduced to two years.
Criminal law — Cattle theft v. attempt to steal — Proof of asportation essential for completed theft; conviction for cognate lesser offence permissible under s300 CPA; appellate substitution and alteration of sentence under s366 CPA.
|
23 January 2020 |
|
Victim, eyewitness and medical evidence sufficiently proved rape; hearsay complaint and defence rejection were unfounded; appeal dismissed.
Criminal law – Sexual offences – Rape – Elements: penetration and identity – Victim’s evidence as best evidence; corroboration by eyewitness and medical report. Evidence – Hearsay vs direct evidence – Witnesses recounted firsthand observations. Procedure – Right to be heard – Trial court considered and evaluated defence under section 231 CPA.
|
23 January 2020 |
|
A credible, unchallenged victim’s testimony can sustain rape and impregnation convictions despite absent expert paternity evidence.
Criminal law – Rape and impregnation – Victim’s unchallenged testimony as primary proof; non-production of expert (paternity/DNA) evidence not fatal where victim gives credible, detailed account; right to be heard – defendant’s participation and consideration of defence; hearsay – conviction must be based on credible primary evidence.
|
22 January 2020 |
|
Extension of time granted where short delay and arguable illegality in CMA award justified revision.
Civil procedure – extension of time – criteria for granting extension – good cause and arguable illegality. Labour institutions – CMA award – competency of application – dismissal versus striking out. Authorities – Principal Secretary v. Devram Valambhia; Lyamuya Construction Company Ltd.
|
20 January 2020 |
|
Applicant's failure to file revision by chamber summons and defective affidavit warranted striking out of the application.
Labour procedure – Revision of CMA award – Requirement to file revision by chamber summons (Rule 26(1) and (2)(a)) Labour Court Rules – Necessity to cite Rule 28(1) when seeking revision Civil procedure – Verification clause – obligation to specify personal knowledge versus information and belief (Order VI, Rule 15(2)) Overriding objective – cannot displace mandatory procedural or statutory requirements
|
17 January 2020 |
|
An unequivocal guilty plea upholds conviction; excessive four-year sentence reduced to lawful three-year maximum.
Criminal law – plea of guilty – appealability; Criminal procedure – plea must be unequivocal and facts admitted must establish offence; Sentencing – subordinate magistrate’s maximum custodial term under Minimum Sentencing Act; Revision powers – High Court may reduce excessive sentence under s.373(1)(a) Criminal Procedure Act.
|
15 January 2020 |
|
Article 12 sets general meeting rules; by‑laws and evidence of proper procedure determine validity of the Chief Commissioner election.
Constitutional interpretation – association constitution Article 12 (Calling meetings, voting and minutes) – scope and application to elections By‑laws versus constitution – by‑laws govern specific election procedures and qualifications Civil burden of proof – applicant must prove alleged irregularities Validity of meetings – absence of some members does not invalidate proceedings (Article 12.2(b))
|
13 January 2020 |