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Citation
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Judgment date
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| December 1980 |
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29 December 1980 |
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The applicant’s conviction and five‑year sentence for stealing upheld where stolen property was recovered from his room.
* Criminal law – Housebreaking and stealing – Circumstantial evidence and recovery of identified stolen property – Credibility of defence witness – Sentence proportionality; appellate confirmation of conviction and five‑year term.
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24 December 1980 |
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Long uninterrupted possession (27+ years) creates a rebuttable presumption of ownership defeating the appellant's successor claim.
* Land law – long possession – possession of land for decades raises a rebuttable presumption of ownership.
* Burden of proof – successor must produce positive evidence to displace presumption arising from long possession.
* Remedy – courts reluctant to disturb persons who have long occupied and developed land unless compelling reasons exist.
* Characterisation of original grant (gift v licence) may be immaterial where long uninterrupted possession has been established.
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19 December 1980 |
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Appeal dismissed: sufficient evidence supported convictions for stealing by a servant; minimum concurrent sentences upheld.
Criminal law – stealing by servant (ss. 265, 271 Penal Code) – evidence of receipt and failure to account for rents – concurrent minimum sentences – appeal dismissed.
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19 December 1980 |
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Respondent’s petition for divorce for cruelty upheld; prior proceedings were nullity and res judicata did not bar relief.
Matrimonial law – Divorce for cruelty and wilful neglect – Evidence of physical assault and prolonged separation – Res judicata – Earlier Primary Court decree declared nullity under section 140 Law of Marriage Act – Effect on subsequent divorce proceedings.
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15 December 1980 |
| November 1980 |
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Conviction as a party to theft upheld on strong identification evidence despite charging irregularity; six-year sentence affirmed, compensation modified.
* Criminal law – party to offence – conviction under section 22 Penal Code upheld on identification and participation evidence.
* Criminal procedure – irregularity in charging – conviction sustained despite appellant not being specifically charged on substantive theft count.
* Sentence – six years custodial sentence affirmed.
* Compensation – order varied in terms of co-accused’s appellate modification.
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20 November 1980 |
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Court upheld convictions for theft, forgery, uttering and obtaining goods by false pretences based on circumstantial evidence.
* Criminal law – Theft by public servant – Circumstantial evidence and inference of guilt regarding stolen blank cheque.
* Forgery – Completion of stolen blank cheque – False document under section 335(d) established by totality of evidence.
* Uttering and obtaining goods by false pretences – Supply on strength of forged cheque.
* Criminal procedure – Right to call witnesses – failure to procure witnesses after ample time does not constitute denial of fair trial.
* Sentence – Sentences affirmed as not excessive.
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14 November 1980 |
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Conviction for robbery quashed where prosecution failed to prove robbery or reliably identify the accused, and exhibit provenance was lacking.
Criminal law – robbery with violence – adequacy of identification evidence – failure to prove occurrence of robbery – inadmissible reliance on exhibit with no provenance – conviction unsafe.
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14 November 1980 |
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The appellant's challenge to driving‑related fines fails; sentences not manifestly excessive, appeal dismissed.
* Sentencing — appellate interference — appellate court will not disturb sentence absent manifest excess or unsustainability. * Sentencing — consideration of mitigating factors — absence of material error in sentencing warranting revision. * Road Traffic offences — fines and disqualification for careless driving causing bodily injury.
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11 November 1980 |
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Positive night-time identification upheld; convictions and three-year sentences affirmed.
* Criminal law – Stealing goods in transit – Identification evidence at night – prior acquaintance, proximity and torchlight can sustain positive identification. * Criminal procedure – Alleged contradictions and refusal to call unspecified witnesses must be shown to have rendered the trial unfair to overturn conviction. * Sentence – Three-year terms not manifestly excessive; prior convictions relevant to sentencing.
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11 November 1980 |
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A cultivator may harvest retained crops and remove owned banana plants if no buyer is available.
Land allocation – cultivator's rights – entitlement to harvest annual and perennial crops after land allotted to another – right to remove owned banana plants if no purchaser available – Primary Court to ensure harvesting opportunity.
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10 November 1980 |
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An appellate court restored the trial court’s decision where a district court improperly disturbed findings supported by unchallenged documentary evidence.
* Contract dispute – scope of work (door/window frames) – conflict over terms and payment alleged.* Evidence – witness credibility and inconsistencies between witnesses – appellate review of findings of fact.* Documentary evidence – unchallenged exhibit given decisive weight.* Civil appeal – improper disturbance of trial court’s findings reversed and trial judgment restored.
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5 November 1980 |
| October 1980 |
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Reported
Company Law — Company — Objects — Alteration of objects clause — Alteration involves complete change of objects — Companies Ordinance, Cap. 212 Ss. 6 and 7.
Company Law — Registrar's powers — Circumstances under which registrar can refuse to register a company
Statutory Interpretation — Memorandum of Association — Ambiguity in objects clause — Meaning of "may conveniently or advantageously be combined ..." S. 7(d)' Companies Ordinance Cap. 212. |
28 October 1980 |
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The appellants' convictions for forgery and obtaining money by false pretence were upheld and sentences affirmed.
* Criminal law – Forgery – Signatures on cheques found to be forged – clerk’s role in cheque preparation and liability.
* Criminal law – Obtaining money by false pretence and attempt – absence of supporting vouchers and tender documents.
* Evidence – sufficiency of identification of forged signatures and documentary proof.
* Sentence – deterrence and proportionality of seven-year terms in respect of substantial misappropriation.
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24 October 1980 |
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An appellate court will not disturb trial findings on witness credibility determining land ownership; appeal dismissed with costs.
Land dispute – ownership determined by credibility of witnesses – trial court in best position to assess credibility – appellate court should not disturb factual findings based on witness credibility absent cogent reason.
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23 October 1980 |
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Appeal dismissed: appellant failed to prove desertion or cruelty; Primary Court’s dismissal of divorce petition affirmed.
Family law – Divorce – Allegations of desertion and cruelty – Insufficiency of evidence to prove desertion/cruelty – Primary Court’s dismissal affirmed – Recommendation for family reconciliation; no order as to costs.
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23 October 1980 |
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Appellants' convictions quashed where prosecution failed to prove theft and mandatory minimum sentence did not apply.
Criminal law – burden of proof – conviction cannot rest solely on disbelief of accused; failure to call key witnesses undermines prosecution. Minimum Sentences Act – penal provision to be strictly construed; mandatory minimum not applicable absent evidence that owner is a specified authority. Defence law – alibi need only raise reasonable doubt.
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23 October 1980 |
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An occupant whose unexhausted improvements are taken by the village is entitled to compensation; quantum must be properly assessed.
* Land law – acquisition by village authority – entitlement to compensation for unexhausted improvements on land taken for public/village use. * Constitutional principle – right to just return for labour; ideological policy (socialism/self-reliance) cannot negate compensatory obligations. * Procedure – where trial court awards quantum without basis, court should obtain expert assessment (local agricultural authorities) to determine proper compensation.
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23 October 1980 |
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Appellant under 18: Minimum Sentence Act inapplicable; mitigating factors warranted reduction to immediate discharge.
Criminal law – Cattle theft – Sentencing – Applicability of Minimum Sentence Act, 1972 to offenders under 18 – Mitigating factors (youth, antecedents, plea, recovery of property) – Appellate reduction of sentence to immediate discharge.
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22 October 1980 |
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Uncorroborated assertions cannot overcome receipts and builder’s testimony proving house ownership.
Property dispute — ownership of house — sufficiency and credibility of evidence — receipts and builder’s testimony versus uncorroborated assertion of payment; appellate review of factual findings.
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17 October 1980 |
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The appellate court upheld theft convictions as supported by evidence, noting a warrant drafting error caused overdetention.
* Criminal law – Theft by agent and simple theft – sufficiency of evidence to support conviction; witness testimony and circumstantial evidence. * Sentencing – warrant of commitment must specify concurrency to avoid overdetention; procedural drafting errors. * Appeal – appellate court will uphold convictions where trial court’s acceptance of evidence is justified.
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10 October 1980 |
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Wife’s monetary contributions created an implied trust; spouses declared joint owners in equal shares and conditional lower-court order set aside.
* Family/property law – spouses’ property rights – beneficial ownership of house titled in one spouse’s name where both contributed – implied trust and equitable co-ownership; remedies and enforceability of conditional orders.
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10 October 1980 |
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An unsafe night‑time identification with inconsistent witness statements cannot support a murder conviction.
Criminal law – identification evidence – reliability of eyewitness identification at night and in mob conditions; effect of prior inconsistent statements on witness credibility; requirement that identification evidence be safe before convicting; assessors’ views on sufficiency of evidence.
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10 October 1980 |
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Identification, physical and fingerprint evidence upheld conviction for theft; four-year sentence affirmed.
Criminal law – Theft of motor vehicle – Sufficiency of evidence – Identification evidence and fingerprint corroboration – Recovery of vehicle parts and engine number matched – Sentence proportionality.
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8 October 1980 |
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Appeal against convictions for corrupt solicitation and receipt by police officers dismissed; evidence and identification found reliable and convictions upheld.
* Corruption – Prevention of Corruption Act 1971 – soliciting and receiving an inducement to forbear prosecution; evidential requirements and corroboration.
* Identification – reliability of identification parades where accused had been seen and had spent time with witnesses prior to parade.
* Credibility – assessment of witness demeanour and consistency, corroboration by documents and exhibits.
* Sentence – appellate review of alleged excessive sentence.
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8 October 1980 |
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Appeal dismissed: conviction for corrupt transaction upheld; resisting arrest acquittal maintained; mandatory three-year sentence imposed.
* Criminal law – Corrupt transaction – s 3(2) & (3)(a) Prevention of Corruption Act – inducement to public officer to forbear duty.
* Evidence – reliance on single key witness corroborated by others – credibility and corroboration.
* Criminal law – resisting arrest – mens rea and force to resist versus retrieval of offered bribe.
* Sentencing – application of mandatory minimum sentence under the Minimum Sentences Act.
* Remedies – forfeiture of proceeds and return of personal exhibits.
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8 October 1980 |
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Appellant's conviction upheld despite duress claim; sentence misapplied Minimum Sentences Act and was set aside.
* Criminal law – Theft (goods in transit) – Sufficiency of evidence – passive presence in vehicle does not preclude conviction when conduct observed and linked to loading of stolen goods.
* Criminal law – Defence of duress – Credibility assessed by contemporaneous conduct and failure to inform police; failure to assert duress can undermine defence.
* Sentencing – Misapplication of Minimum Sentences Act – appellate variation of sentence to correct legal error and effect immediate release.
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8 October 1980 |
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Appeal against conviction for unlawful possession of Government trophy dismissed due to overwhelming evidence of possession.
* Criminal law – Unlawful possession of Government trophy (elephant tusks) – s.67(1)(2)(a) Wildlife Conservation Act 1974.
* Evidence – circumstantial and direct evidence of possession – conduct of accused (avoiding luggage, fleeing) as probative of possession/ownership.
* Appeal – appellate court will not disturb trial court’s findings where evidence is overwhelming and credibility assessments are open on the record.
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8 October 1980 |
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The respondent liable for unpaid fuel invoices; his counterclaim for transport subsidy was rejected.
Contract law – sale of goods – buyer who accepts goods and fails to pay is liable (s.70); alleged trade custom or subsidy must be proven; restitution/mistake/coercion (s.72) not established – counterclaim for transport subsidy dismissed.
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2 October 1980 |
| September 1980 |
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Appellant's theft conviction upheld; false-pretence charge rejected and sentence increased to five years' imprisonment.
* Criminal law – Theft by servant – where employee borrows money on behalf of employer and cannot account for it, conviction for stealing by servant may be proper. * Criminal law – False pretences – promise of future repayment does not constitute false pretence under section 301; falsehood must relate to present or past fact. * Sentencing – omnibus sentence unlawful; statutory minimum under Minimum Sentences Act s.5(d) applies where value exceeds threshold. * Evidence – admission of taking funds and unexplained shortages support conviction for theft by servant.
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26 September 1980 |
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The respondent-husband is the principal heir; house to him and household goods divided with relatives; appeal dismissed.
* Succession and intestacy – where deceased died childless the spouse is the principal heir – entitlement to dwelling and division of household effects.
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26 September 1980 |
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Appeal against burglary and theft convictions dismissed where chain of possession sufficiently proved appellant's involvement.
* Criminal law – burglary and stealing – possession of stolen goods – chain of custody via intermediaries – circumstantial evidence sufficient to prove participation.
* Appellate review – sufficiency of evidence – appellate court will not disturb concurrent findings of lower courts absent material misdirection.
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22 September 1980 |
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Court upheld the applicant’s conviction based on reliable eyewitness identification and recovery of stolen cattle; appeal dismissed.
Criminal law – Identification evidence – Correctness of in-court identification in clear daylight – Recovery of stolen property as corroboration – Opportunity to call defence witnesses – Minimum statutory sentence.
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19 September 1980 |
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Appeal dismissed: employee’s theft proven by vouchers and receipt; defence of partnership rejected.
Criminal law – Theft by servant (ss.271, 265 Penal Code) – Proof via cash vouchers and receipt – possession and dishonest appropriation by employee – defence of authority/partnership rejected – appellate review of sufficiency of evidence.
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17 September 1980 |
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Division of matrimonial assets only permitted on divorce/separation; lower courts set aside and retrial ordered.
* Family law – Law of Marriage Act – division of matrimonial assets only on grant of divorce or judicial separation; * Civil procedure – improper appeal route: District Court should not have entertained this matrimonial appeal; * Customary/conciliation bodies (Bakwata) – may reconcile or certify failure but cannot confirm talaq; * Remedy – set aside proceedings and order retrial before different magistrate with new assessors; * Procedural requirement – petitioner must plead for divorce and division of assets.
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16 September 1980 |
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Appeal against conviction for stealing by agent dismissed; three-year sentence confirmed and specific compensation ordered under section 177 CrPC.
Criminal law – stealing by agent (s.273(b) Penal Code) – credibility of witnesses and appellate review; Criminal procedure – compensation orders must specify sums (s.177 Criminal Procedure Code); Civil remedy – purchasers affected by recovery may pursue civil claims.
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10 September 1980 |
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Conviction for stealing by servant affirmed; sentence not increased absent evidence supporting the property's valuation.
Criminal law – stealing by servant – sufficiency and credibility of evidence; hostile witness; documentary exhibits (gate pass, delivery order); sentencing – Minimum Sentences Act 1972 – valuation of stolen property must be supported by evidence before increasing sentence on appeal.
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8 September 1980 |
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Conviction quashed where magistrate applied civil standard and evidence contained material contradictions rendering verdict unsafe.
Criminal law – Standard of proof – Guilt must be established beyond reasonable doubt; trial magistrate applied civil standard. Material contradictions in prosecution evidence; misdirection and unreliable site-visit findings; unsafe conviction – appeal allowed, conviction quashed, sentence set aside.
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8 September 1980 |
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Appellants' theft convictions upheld on credibility and expert forgery evidence; sentence and compensation confirmed.
* Criminal law – Theft – sufficiency of evidence and credibility findings – appellate deference to trial court
* Forgery – handwriting expert opinion supporting forgery of delivery documentation
* Evidence – absence of delivery records and corroborative testimony
* Sentence – appropriateness given value of stolen goods and incidence of such offences
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1 September 1980 |
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Appeal dismissed: identification and robbery proved; conviction and eight-year sentence upheld.
* Criminal law – Robbery – elements established where victim attacked, property taken by force or fear – Penal Code ss. 285, 286.
* Evidence – identification – reliability of complainant’s positive identification and corroboration by co-accused.
* Procedure – effect of accused jumping bail on appellate assessment of sentence.
* Sentencing – appellate restraint where sentence meets or exceeds statutory minimum and aggravating conduct present.
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1 September 1980 |
| August 1980 |
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Reported
Administrative Law — Deportation Ordinance — Deportation Order and Detention Order do not state the place where the detainee is to be deported to — Whether they are defective. |
5 August 1980 |
| July 1980 |
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The applicant's appeal dismissed — prosecution failed to raise reasonable suspicion that the respondent corruptly acquired the property.
* Criminal law — Corruption — Possession of property reasonably suspected to be corruptly acquired — prosecution must first raise reasonable suspicion before burden shifts; failure to call material witness fatal. * Evidence — non-appearance of key witness undermines prima facie case. * Public officers — mere opportunity or position inadequate without supporting evidence. * Procedural — application of prima facie test (Bhat v R).
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26 July 1980 |
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Appellate court quashes insecure convictions and illegal sentences; upholds forgery convictions supported by altered documentary evidence.
Criminal law – forgery and fraudulent false accounting – admissibility and weight of documentary evidence – alteration of invoices and payment vouchers – illegal sentencing on counts not charged – attribution of responsibility among co-accused in white‑collar offences.
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21 July 1980 |
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Appeal lies against refusal to restore application to set aside ex parte judgment; lack of fair hearing vitiates the order.
Civil procedure – Appealability – Order 40 r.1(d) C.P.C. – Appeal lies from refusal to restore an application to set aside dismissal of an application to set aside ex‑parte judgment; Fair hearing – refusal peremptory where applicant not heard – decision set aside; O.17 r.2 and O.9 C.P.C. noted on defaults at adjourned hearings.
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19 July 1980 |
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A reduced sentence below the statutory minimum may be upheld under section 63 if it satisfies the interests of justice.
Road Traffic Act – use of vehicle on public road without reasonable consideration – guilty plea – sentencing below statutory minimum – s.63 permits reduction where special reasons exist – appellate review of reduced sentence.
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18 July 1980 |
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Unregistered transfer of a registered lease does not defeat an equitable mortgage; attachment before judgment upheld.
* Civil procedure – attachment before judgment – third party objection by alleged purchaser in possession; * Property/land law – equitable mortgage by deposit of registered title; * Land Registration Act (Cap. 334) s.41(2) – requirement of registration for dispositions of registered land; * Effect of unregistered transfer/sale and registrar's consent on third-party rights.
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15 July 1980 |
| June 1980 |
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Identification was held reliable; conviction upheld; magistrate’s ultra vires sentence set aside and seven-year sentence imposed by High Court.
* Criminal law – Identification evidence – opportunity to observe, familiarity and lighting support reliable identification; risk of mistaken identity considered. * Criminal procedure – Sentencing jurisdiction – magistrate exceeded statutory maximum; transmission treated as committal under s.5(a) CrPC. * Offence – Grievous harm – multiple stab wounds, serious injury requiring prolonged hospitalization and transfusion.
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24 June 1980 |
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The appellate court upheld convictions for burglary and possession of a bayonet as government property and confirmed sentence.
* Criminal law – Burglary (breaking into a building with intent to steal) – proof by eyewitness, physical evidence and forensic blood grouping; * Criminal law – Possession of Government stores – inference of government ownership despite absence of marking; * Appellate review – deference to magistrate’s credibility findings and sentence unless clearly unreasonable.
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24 June 1980 |
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Appeal dismissed: evidence proved corrupt receipt of marked money; conviction and statutory minimum sentence upheld.
* Criminal law – Corruption – Offence under section 3(1) Corruption Act 1971 – Acceptance of marked money as evidence of bribery.
* Evidence – Credibility and consistency of witnesses; accused's own admission used against him.
* Sentencing – Minimum Sentences Act 1972 – scheduled offence; statutory minimum sentence upheld.
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24 June 1980 |
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Possession of stolen goods and inadequate explanation upheld conviction for theft in transit; appeal dismissed.
Criminal law – Theft in transit – Possession of allegedly stolen goods – Proof and explanation of possession – Credibility of accused’s account and shopkeeper evidence.
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13 June 1980 |