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Citation
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Judgment date
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| June 2020 |
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Rape conviction upheld: victim's credible testimony and medical corroboration, alibi unproven and inadequately notified.
Criminal law – Rape – Victim's testimony as central evidence; corroboration by medical report (PF3) and witnesses. Evidence – Appellate review of credibility findings: trial court preferred unless compelling reasons to interfere. Criminal Procedure – Defence of alibi: notice under section 194(4) and duty to establish alibi on balance of probabilities.
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2 June 2020 |
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Appellant's conviction upheld on corroborated confession; unlawful seven-year sentence reduced to lawful five years.
Criminal law – Theft and breaking into building – conviction based on corroborated oral confession and witness testimony. Evidence – Confession and caution statement – caution statement must be read over after admission; failure leads to expungement, but oral confession may remain admissible if corroborated (s.27 Evidence Act). Procedure – New facts not part of trial record (alleged payment of fine) cannot be admitted on appeal. Sentencing – Subordinate courts limited by s.170(1) Criminal Procedure Act to imprisonment not exceeding five years; High Court may correct sentencing errors under s.388 CPA.
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2 June 2020 |
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Leave to appeal granted to determine whether an appellate court may substitute or reduce an award of general damages.
Appeal — Leave to appeal — Discretionary grant of leave where appeal has reasonable prospects or proceedings reveal disturbing features; appellate power to alter or substitute awards of damages; question whether damages are general or specific.
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2 June 2020 |
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Leave to appeal granted where substitution of damages and characterisation of award raise substantial issues meriting appellate review.
Appellate procedure — Leave to appeal — Discretion to grant leave where proposed appeal has reasonable prospect of success or proceedings raise disturbing issues; Appellate power to alter or substitute awards of general damages; Characterisation of damages (general vs specific).
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2 June 2020 |
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Plaint struck out for naming a non-existent ministry and defective verification, with leave to re-file within 14 days.
Civil procedure – Preliminary objections – non-existent party – suit against wrongly named government ministry; Civil procedure – Verification of pleadings – Order VI Rule 15(3) – requirement to state date and place; Civil procedure – Cause of action – need to ascertain from plaint and annexures; Locus standi – alleged victim of defamation has standing; Remedy – striking out with leave to re-file (Order 1 Rule 10 CPC).
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2 June 2020 |
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Revision dismissed as time-barred and improper substitute for appeal; administratrix ordered to file inventory within 14 days or lose letters.
Civil procedure – Revision v. appeal – revision is not a substitute for appeal; proper remedy where appeal lies.* Limitation – Magistrate's Court Act sets no specific limitation for revision; Part III Item 21, Law of Limitation Act (60 days) applies as fallback.* Probate – administratrix duty to file inventory; failure may lead to revocation of letters of administration.* Preliminary objection – procedural competency and time bar can dispose of revision application.
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2 June 2020 |
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The appellant's statutory rape conviction upheld on the victim's credible testimony despite PF.3 admissibility irregularities.
Criminal law – Sexual offences – Statutory rape – Victim’s evidence alone may suffice to prove penetration and establish rape under section 127(7) Evidence Act. Evidence – PF.3 (medical report) – Requirement to inform accused of right to call and cross-examine maker under section 240(3) CPA; failure to comply renders PF.3 liable to be expunged. Evidence – Statements of unavailable/deceased witnesses – Admissibility under section 34B(2) Evidence Act; prosecution should ordinarily prove death, but failure to do so may not be fatal where no objection was raised and prejudice is absent. Fair trial – Right to cross-examination – procedural irregularities may infringe fair trial but conviction may stand if other credible evidence proves the offence beyond reasonable doubt.
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2 June 2020 |
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Non-joinder of a co-defendant-vendor who made a material admission is fatal to an extension application for revision.
Land/disputed title – extension of time to seek revision – non-joinder of co-defendant-vendor – material admission in written statement of defence – Order 1 Rule 9 CPC – applicant bound by co-defendant’s uncontradicted admission – risk of execution against a stranger.
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2 June 2020 |
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Fixed-term contract terminates on its contractual date; no unfair termination but court ordered unpaid statutory terminal benefits.
Employment law – fixed-term contract – commencement and expiry governed by written contract – automatic termination at agreed expiry; Reasonable expectation of renewal – employee must prove expectation and objective basis (previous renewals or employer undertakings); Arbitrator’s award – not illegal or ambiguous where evidence analysed; Court may revise award to grant unpaid statutory terminal benefits (section 44 ELRA).
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2 June 2020 |
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Conviction for gang rape quashed where victim’s age was unproven and evidence indicated consensual cohabitation, rendering conviction unsafe.
Criminal law – gang rape – elements and proof beyond reasonable doubt; proof of victim’s age and school status; consent versus non-consensual intercourse; evaluation of PF3/medical evidence; effect of unclear charging provisions and jurisdiction where alleged juvenile defendant.
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2 June 2020 |
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Unopposed application to extend an expired speed track was granted for six months, with a fixed determination date.
Land procedure — Extension of time for expired speed track — Unopposed application — Court allowed six-month extension and fixed determination deadline.
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1 June 2020 |
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Improperly framed s.273 charge and unchallenged defence raised reasonable doubt, conviction quashed.
Criminal law – Stealing by agent (s.273 Penal Code) – requirement to specify subsection and proper particulars; Proper charging practice – coupling with theft (s.265) where applicable; Standard of proof – burden remains on prosecution; Credibility – accused’s explanation raising reasonable doubt; Trial irregularity – improper demand that accused produce third-party witnesses or police report.
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1 June 2020 |
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The court stayed execution of a CMA decree pending determination of a revision, finding it in the interest of justice.
Labour law – Stay of execution – Stay granted pending revision – Interest of justice – Consent of parties where decree is under challenge.
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1 June 2020 |
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1 June 2020 |
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Applicant’s claim of defective charge and entitlement to revisional powers under section 372 rejected; no point of law certified.
Criminal law – Charge construction – Section 304 Penal Code (cheating) covers obtaining money by fraudulent trick; alleged defective charge not an illegality on the face of the record; extension of time on ground of illegality refused; section 372 Criminal Procedure Act misconstrued where matter is before High Court on appeal.
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1 June 2020 |
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Failure to list additional documents in the notice to produce precluded reliance on those documents.
Civil Procedure — Order VII r.14 (attachment and listing of documents) — Order XIII r.1 (production of documentary evidence at first hearing) — Evidence Act s.67(1)/s.68 (notice to produce originals) — Failure to include required list precludes reliance on unlisted documents.
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1 June 2020 |