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Citation
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Judgment date
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| September 2015 |
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Suit for wrongful death dismissed on appeal for lack of locus standi by plaintiff at time of filing.
Civil procedure – locus standi – claim for wrongful death – plaintiff must have legal capacity (administrator of estate) at time of instituting suit; subsequent appointment not retrospective; vague "family representative" status insufficient.
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30 September 2015 |
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An equivocal plea and defective plea-taking vitiated the conviction; proceedings were nullified and retrial declined.
Criminal procedure – Plea-taking – Equivocal or imperfect plea – Requirement to explain and have accused admit/deny every constituent – Preliminary hearing and memorandum of facts – Consequences of defective plea – Retrial discretionary; interests of justice.
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30 September 2015 |
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Appeal dismissed: identification and medical evidence upheld conviction for sodomy beyond reasonable doubt.
Criminal law – Unnatural offence (sodomy) – sufficiency of evidence – identification where name discrepancy – medical corroboration – reasonable doubt.
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30 September 2015 |
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A church's public announcement that an evangelist impregnated a relative was defamatory; plaintiff awarded damages, interest, apology, and costs.
Defamation – public announcement by pastor on church instructions – defamatory allegation of impregnating a relative – reputational injury of an evangelist – damages reduced as excessive; apology and interest awarded.
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30 September 2015 |
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Civil damages awards set aside for lack of admissible proof and absence of evidentiary reasons.
Civil procedure — Evidence — No fixed number of witnesses required; credibility and admissibility determinative; documentary evidence must be properly tendered and admitted; medical-report procedures in criminal cases not applicable in civil forum. Damages — Specific damages require proof by evidence/documentary exhibits; general damages require evidentiary basis and reasons by the trial court.
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30 September 2015 |
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An administrix of an intestate estate is entitled to vacant possession; rental loss claims must be proven.
Land – Ownership of disputed house established by title and mortgage discharge; Administration of intestate estate – valid appointment of administrix entitles legal representative to possession of estate property; Ex-parte proceedings – judgment entered after defendant's non-appearance; Damages for lost rent require evidence of tenancy and quantum.
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30 September 2015 |
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Bank must refund wrongly debited funds; general damages set aside for lack of reasons and evidence.
Banking law — wrongful debit of customer account; duty to reject ambiguous cheques; burden to produce cheque as evidence; general damages — requirement of reasons and evidential basis before award; appellate interference with damages where award is unsupported by reasons.
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30 September 2015 |
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Trial conducted in the accused's absence violated fair trial rights; conviction quashed and sentence set aside.
Criminal procedure – right of accused to be present and participate in trial; fair trial standards; conviction unsafe where defence not considered; nullification and quashment of proceedings; prosecution may re‑institute.
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30 September 2015 |
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Appeals were incompetently filed and proceedings nullified for failure to comply with statutory appeal time limits.
Family law – Divorce and division of matrimonial property – Appeals – Statutory time limits for appeals from Primary Courts to District Court (Magistrate's Courts Act s.20(3)) and to High Court (Law of Marriage Act s.80(2)) – Competence and nullity – Failure to seek extension/leave.
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30 September 2015 |
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Appeals filed outside statutory time limits under the Magistrates' Courts Act and Law of Marriage Act are incompetent and render subsequent proceedings null.
Civil procedure — appeals from Primary Court — time limits and competence; Magistrates' Courts Act s.20(3). Family law — appeals under Law of Marriage Act s.80(2) — 45-day limitation. Nullity — proceedings emanating from incompetent appeals are void and cannot support further appeals. Procedural non-compliance bars substantive adjudication.
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30 September 2015 |
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Whether a deed-extended mortgage and auction sale validly secured recovery of a syndicated loan and entitled lenders to judgment.
Mortgage law – discharge of an original mortgage; extension of security by deed of variation to cover syndicated loans. Receivership and sale – appointment of receivers, public auction by auctioneer, validity of auction sale and acquisition of good title. Guarantees – scope of guarantor’s obligations; guarantor was the deceased, not the administrator/son. Syndicated lending – liability of borrower and guarantors and entitlement of lenders to recover outstanding syndicated indebtedness with contractual commercial interest.
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29 September 2015 |
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Conviction quashed where handwriting report alone and conflicted witness evidence failed to prove armed robbery beyond reasonable doubt.
Criminal law – Armed robbery – sufficiency of evidence; Caution statements – admissibility – voluntariness inquiry required in court; Handwriting expert report cannot substitute for in‑court inquiry; Witness credibility – conflict of interest (Boda Boda witnesses); Failure to tender weapon or recover stolen property undermines conviction.
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28 September 2015 |
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Caution statement admitted on handwriting evidence alone is insufficient; prosecution failed to prove armed robbery beyond reasonable doubt.
Criminal procedure – caution statement repudiated by accused – admissibility requires inquiry into voluntariness and calling independent witnesses; handwriting report alone insufficient; evidence must prove charge beyond reasonable doubt – contradictions, missing weapon and potential witness bias fatal to prosecution.
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28 September 2015 |
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28 September 2015 |
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22 September 2015 |
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An appeal filed to the District Court out of the statutory thirty-day limit without leave is jurisdictionally void and must be quashed.
Civil procedure – Appeal time limits – Section 20(3) Magistrates' Courts Act – Appeal filed out of time without leave deprives appellate court of jurisdiction; time limitation is jurisdictional, not a mere technicality; nullity and quashing of proceedings.
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21 September 2015 |
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Appeal struck out for failure to file a valid notice of intention to appeal within statutory time.
Criminal procedure – notice of intention to appeal – Section 359(1) & 361(1)(a) Criminal Procedure Act – requirement that aggrieved person (or legally authorized agent) give notice within ten days – letters requesting copies and notices by relatives/prison officers lacking authority do not suffice – late filing renders appeal incompetent.
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18 September 2015 |
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Where an appeal is available judicial review is inappropriate; illicit drug trafficking is prima facie non-bailable.
Judicial review v. appeal – appellate remedy must be exhausted; statutory time limits for leave to apply for certiorari. Criminal Procedure – bail – illicit trafficking in narcotic drugs under Cap. 95 is prima facie non-bailable under s.148(5)(a)(ii), independent of Commissioner's certificate.
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18 September 2015 |
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Appellate court affirmed that the respondent's truck was unlawfully detained and dismissed the appellant's appeal with costs.
Civil procedure — Appeal — appellate review of trial court's evaluation of evidence; Detention/seizure of property — unlawful attachment of vehicle; Burden of proof — s. 110 Evidence Act — party alleging facts must prove them; Failure to call supporting witnesses — adverse inference.
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16 September 2015 |
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Adoption granted where abandoned child’s best interests met and applicant shown suitable, with social welfare consent and investigation.
Family law – Adoption – Best interests of the child where child abandoned and biological parents unknown – Director of Social Welfare consent and Social Investigation Report as supporting evidence; Suitability of adopter – assessment of capacity, home visits and guardian ad litem report; Adoption order – change of child’s name and notification to Registrar General.
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14 September 2015 |
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Withdrawal of charges can terminate prosecution in plaintiff's favour, but reasonable and probable cause defeats malicious prosecution claim.
Malicious prosecution – elements required: prosecution by defendant, termination in plaintiff's favour, lack of reasonable and probable cause, malice and damage. Withdrawal of charges – can constitute termination in favour of plaintiff for malicious prosecution claims. Reasonable and probable cause – honest belief based on reasonable grounds; reporting and prosecuting alleged statutory breaches may provide such cause. Vicarious liability and damages – plaintiff must prove absence of reasonable cause and malice and resultant loss.
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11 September 2015 |
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Court upheld convictions of two accused known to witnesses but quashed convictions of three for unreliable identification.
Criminal law – Armed robbery – Visual identification at night; identification parade necessity where witnesses knew accused; inadmissibility of oral confession not tendered; sufficiency of corroborative evidence and effect of failure to tender weapons/stolen items; Evidence Act ss.122,143.
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10 September 2015 |
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Appellate court held prosecution proved the appellant's theft by servant; Exhibit P1 corroborated and appeal dismissed.
Theft by servant; admissibility and weight of written admissions (Exhibit P1); corroboration of admissions; proof beyond reasonable doubt under sections 258 and 271 Penal Code; appellate reevaluation on first appeal.
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9 September 2015 |
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Failure of a successor magistrate to inform accused of their section 214(1) rights vitiates proceedings and requires retrial.
Criminal procedure – Change of magistrate – Section 214(1) Criminal Procedure Act – Duty of successor magistrate to inform accused of right to demand re‑summoning/re‑hearing of witnesses – Non‑compliance is a fatal irregularity – Remedy: quash proceedings and order retrial.
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7 September 2015 |
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Security contractor found liable for theft losses; must process insurance, indemnify defendant and pay capped compensation offsettable against invoices.
Contract — security services — duty to guard client property — negligence for failure to protect goods leading to theft. Evidence — joint inspection reports and police report accepted to prove occurrence and valuation of thefts. Contractual indemnity — obligation to process insurance claims and indemnify client; residual liability capped at THz50,000,000 or 70% of loss. Remedies — insurer indemnification plus capped contractual compensation, offset against outstanding invoices; costs to successful party.
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4 September 2015 |
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Failure to pass sentence after conviction renders the judgment defective and warrants remittal to the trial court.
Criminal procedure – Conviction without sentence – mandatory duty to pass sentence under s235(1) CPA – "shall" construed per s53(2) Interpretation of Laws Act; Judgment requirements – s312(2) Criminal Procedure Code – judgment must specify punishment; Remedy – remit to trial court to pass sentence; warrant of commitment does not cure absence of sentencing order.
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2 September 2015 |
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Appeal against conviction for falsifying loan forms dismissed; evidence and disciplinary procedure found proper.
Criminal law – military offences – making false entries in official/loan documents; Evidence – handwriting and stamp expert analysis; Procedural law – compliance with Defence Forces (Disciplinary) Regulations ( Regulation 112.05/112.40 ); Natural justice – right to be heard and reasons for conviction; Admissions by injured parties do not necessarily exculpate processor of forged documents.
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2 September 2015 |
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Appeal dismissed: military court conviction for making false entries upheld; procedural and evidence grounds fail.
Military law – Code of Service Discipline S.C.61(a) – making false entries; Forgery of official signatures and stamps; Handwriting expert evidence; Natural justice and right to be heard; Compliance with Defence Forces (Disciplinary) Regulations (Reg.112.05(21)(f),(g)(ii) and Reg.112.40); Appellate review of court-martial procedure.
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2 September 2015 |
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Circumstantial evidence that appellant had exclusive control of the office key supported conviction; omnibus sentence upheld despite procedural defect.
Criminal law – circumstantial evidence – conviction may follow where circumstances are inconsistent with innocence; Omnibus conviction and sentence – procedural irregularity not necessarily fatal absent miscarriage of justice; Credibility and contradictions – inconsistencies in accused’s explanation and documentary records (key book) strengthen circumstantial case.
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2 September 2015 |
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Applicant granted extension and stay pending review of ex parte judgment to prevent irreparable loss.
Extension of time to apply for review; stay of execution pending review; ex parte judgment consequences; irreparable harm; refusal to impose security condition.
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2 September 2015 |