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Citation
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Judgment date
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| September 2017 |
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A High Court is functus officio and cannot quash its own final judgment in a fresh suit; appeal or revision is required.
Civil procedure – functus officio – High Court lacks jurisdiction to quash its final judgment in a fresh suit; allegations of fraud require appeal or revision to a higher court.
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15 September 2017 |
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Applicants charged with unloading restricted goods granted bail with apportioned cash/title-deed security and strict reporting and surety conditions.
* Bail – offences under Customs and Economic and Organized Crime statutes – whether bailable – not within non-bailable categories.
* Bail quantum – application of sharing principle among multiple accused – apportionment of monetary burden.
* Bail security – cash deposit or title deeds; requirement for land/title clearance and approval of sureties by Resident Magistrate.
* Bail conditions – surrender of travel documents, regional travel restriction, weekly police reporting, court attendance.
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5 September 2017 |
| August 2017 |
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Money laundering charges are statutorily non‑bailable and the High Court will not assess charge sufficiency at the bail stage.
* Criminal procedure – bail – Money laundering offences declared non‑bailable by statute – written laws amendment barring bail for Anti‑Money Laundering Act offences.
* Criminal procedure – jurisdiction – High Court may assess charge particulars when case is before it for trial, but not at preliminary bail stage pending committal.
* Criminal procedure – charge sufficiency and striking out counts – premature in bail proceedings; revisional or trial forum appropriate.
* Allegations of malicious prosecution or malicious preferring of charges require evidence and cannot be decided on bail.
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30 August 2017 |
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Wrong-patient surgery due to file mix-up amounted to medical negligence, causing compensable permanent injury and damages.
* Medical negligence – mistaken identity/misfiled records leading to wrong-site/wrong-patient surgery – liability for professional negligence and resulting injury.
* Personal injury damages – assessment of pecuniary (loss of earnings, cost of domestic help) and non-pecuniary (pain, suffering, loss of amenities) damages; interest on award.
* Employer’s post-incident obligations – entitlement to continued salary/benefits if dismissed until compulsory retirement.
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30 August 2017 |
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Bail application struck out because prior High Court rulings upheld a valid DPP certificate, rendering the court functus officio.
* Criminal procedure — Bail — DPP certificate under section 36(2) EOCCA — validity prevents grant of bail when certificate passes validity test.
* Procedural law — Functus officio — effect of prior final ruling by same court on identical reliefs.
* Remedies — Alleged errors in prior High Court rulings to be addressed by appellate review (Court of Appeal).
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17 August 2017 |
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High Court had jurisdiction and granted bail in bailable EOCCA charges subject to statutory mandatory conditions.
Bail – EOCCA jurisdiction – High Court competence to hear bail while case pending in Resident Magistrate’s Court; bail as right for bailable offences; mandatory conditions under section 36(5) and (6) EOCCA; calculation of deposit/security and principle of sharing among multiple accused; sureties and surrender of travel documents; reporting and verification requirements.
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10 August 2017 |
| July 2017 |
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An appeal was struck out for failing to attach the correct judgment/decree and for fatal misnaming and inconsistencies in parties.
• Civil Procedure – Appeal requirements – Order XXXIX Rule 1(1): mandatory accompaniment of memorandum by decree and judgment appealed from.
• Civil Procedure – Competency of appeal – effect of wrong year, misnaming of parties and impleading of a party not in judgment.
• Civil Procedure – Amendment – limits of Order XXXIX Rule 3 and amendment powers after filing and service; when defects are incurable.
• Pleadings – misnomer/misjoinder – curable only where defect confined to appeal documents, not where trial record differs.
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21 July 2017 |
| June 2017 |
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A Notice of Appeal by the DPP removes the matter from the High Court and warrants staying the applicants' bail hearing.
* Criminal procedure – bail application – affidavit verification – deponent must specify what is from personal knowledge and what is on information and belief; failure to disclose source may render specific paragraphs defective.
* Remedy – defective paragraphs may be expunged where defect is not fatal to entire affidavit.
* Appellate procedure – Notice of Appeal to Court of Appeal initiates appeal and, once lodged, transfers dealing with the matter to the Court of Appeal; High Court should stay related proceedings pending appeal.
* DPP’s statutory right to appeal – Appellate Jurisdiction Act s6(2) and Court of Appeal Rules s68.
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16 June 2017 |
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A valid DPP certificate under s.36(2) ECOCCA prevents the court from granting bail until withdrawn.
Bail — DPP certificate under s.36(2) ECOCCA — validity and effect; Constitutionality — s.36(2) ECOCCA not automatically unconstitutional despite similarity to other struck provisions; Precedent — DPP v. Li Ling Ling; DPP v. Ally Nur Dirie — certificate bars grant of bail when valid; Counter-affidavit noting applicants' character does not prevent DPP filing certificate.
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8 June 2017 |
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A valid DPP s.36(2) certificate that meets statutory criteria bars the court from admitting an accused to bail.
• Criminal procedure – Bail – DPP certificate under s.36(2) ECOCCA objecting bail; validity and effect.
• Statutory citation – omission of "as amended" or reference to unrevised edition not fatal where section unchanged by amendment.
• Requirement of reasons – s.36(2) does not oblige DPP to state reasons; written certification suffices.
• Precedent – DPP v. Ally Nur Dirie and DPP v. Li Ling Ling: conditions for valid certificate.
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5 June 2017 |
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Insufficient identification and lack of corroboration rendered the robbery-with-violence conviction unsafe and was quashed.
* Criminal law – robbery with violence – identification evidence – adequacy of description, light intensity and proximity.
* Corroboration – uncorroborated evidence of co-accused unsafe to sustain conviction.
* Standard of proof – prosecution must prove all ingredients beyond reasonable doubt.
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5 June 2017 |
| May 2017 |
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A notice of appeal in a separate matter does not stay unrelated main suit proceedings; ex parte hearing was ordered to proceed.
Civil procedure – Notice of appeal – Whether an appeal in a separate proceeding stays the main suit – Ex parte hearing where no written statement of defence filed – Order VIII Rule 1 CPC; reliance on TECHLONG PACKAGING (CA) and Nur (HC) precedents.
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19 May 2017 |
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A valid DPP certificate under section 36(2) of the Act prevents the court from granting bail to the applicant.
Criminal procedure — DPP certificate under s.36(2) ECOCCA — Validity and effect of certificate denying bail — Procedural formalities for filing — No obligation to state detailed reasons — Prior CPA invalidation not automatically affecting s.36(2) — Court of Appeal precedent binding.
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17 May 2017 |
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Investigating officer may record a caution statement under amended s.58; minor citation/time defects not fatal to admissibility.
* Criminal procedure – admissibility of caution statements – s.58 CPA and effect of Written Laws (Miscellaneous Amendments) Act No.3/2011 (inserting s.58(4)). * Whether investigating police officer may record caution statements and potential prejudice. * Requirement to inform accused of allegations (s.53) – sufficiency of identifying statute by chapter. * Distinction between s.57 (Q&A) and s.58 (narration). * Defects that go to the root as test for inadmissibility.
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12 May 2017 |
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Leave to appeal denied where applicant failed to show a prima facie arguable appeal or novel point of law.
Leave to appeal – Appellate Jurisdiction Act s.5(1)(c) and Court of Appeal Rules r.45(a) – test for leave: question of general importance, novel point of law, or prima facie/arguable appeal – leave refused where applicant only amplifies grievances – dismissal with costs.
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10 May 2017 |
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A valid DPP certificate under s36(2) EOCCA bars bail even if filed late and without detailed reasons.
* Bail — Economic crime — DPP's certificate under s36(2) EOCCA — validity requirements: writing; effect (safety/interests likely prejudiced); related to pending criminal matter. * Timing — late or same-day filing does not invalidate a valid DPP certificate. * No statutory duty for the DPP to provide detailed reasons in the certificate. * EOCCA s36(2) is distinct from CPA s148; CPA decisions do not automatically affect EOCCA provision.
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4 May 2017 |
| April 2017 |
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Bail application struck out because applicants cited incorrect enabling provisions, rendering the application incompetent.
* Procedural law – preliminary objection – competence of application – effect of citing incorrect or non-enabling statutory provisions – remedy of striking out application.* Bail – jurisdictional provision – necessity to cite proper enabling provision (s.29(4)(d)) where subject matter exceeds statutory threshold.
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20 April 2017 |
| March 2017 |
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A valid DPP certificate under section 36(2) EOCCA bars court consideration of bail pending committal; typographical citation errors are curable.
* Criminal procedure – Bail – Economic offences – Effect of DPP’s certificate under section 36(2) EOCCA objecting to bail – validity requires writing, statement that safety/interests of the Republic likely prejudiced, and relation to pending criminal case. * Pleadings – Typographical error in statutory citation – curable if no prejudice. * Statutory interpretation – EOCCA’s specific regime governs pretrial procedure; CPA authorities are not automatically applicable.
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30 March 2017 |
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A valid DPP certificate under s.36(2) EOCCA bars bail, but court may defer decision to allow DPP review.
* Criminal procedure – Bail – DPP's certificate under s.36(2) EOCCA – Validity requires written certification that safety or interests of the Republic likely prejudiced and relation to pending criminal case; timing not a validity requirement; valid certificate bars grant of bail. * Courts must balance presumption of innocence and liberty against public interest and may defer bail determination to allow DPP review.
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29 March 2017 |
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24 March 2017 |
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Allegation that court is functus officio rejected because the objection raised issues requiring evidential proof, not pure law.
Civil procedure – preliminary objection must raise a pure point of law; issues of functus officio/res judicata/setting aside a consent decree that require factual proof are not suitable for preliminary objection; such matters to be determined on the merits with evidence; preliminary objection overruled with costs.
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21 March 2017 |
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Appellate court adjusted property division recognising non-monetary contributions and improvements to pre‑marital assets.
Matrimonial property division; contribution (monetary and non-monetary) to acquisition and improvement of assets; improvements to pre-marital property under s.114(3) Law of Marriage Act; appellate adjustment of trial court’s asset division.
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20 March 2017 |
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The petitioner’s constitutional challenge to law society regulations was struck out for lack of locus standi and unexhausted alternative remedies.
Constitutional petition – locus standi – requirement to prove current membership/interest; Affidavit requirements – Order XIX r.3 – exclusion of arguments, conclusions and legal opinions; Jurisdictional bar – exhaustion of adequate alternative remedies under section 8(2) of the Basic Rights and Duties Enforcement Act – availability of judicial review; Challenge to law society regulations – procedural defects (authority to sign) are matters for judicial review.
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16 March 2017 |
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1 March 2017 |
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1 March 2017 |
| February 2017 |
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14 February 2017 |
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Water authority negligent over an unsecured trench causing a child’s drowning; plaintiff awarded general damages; special damages unproven.
Negligence — municipal water authority's duty to ensure safe installation and inspection of water works in residential areas; contributory negligence by caregiver; failure to prove special damages — entitlement to general damages and costs.
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10 February 2017 |
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The applicant is entitled to refund of USD100,000 where the respondent admitted receipt but failed to prove refund.
Contract — sale of immovable property; written agreement not admitted as exhibit — annexures not part of record unless tendered; burden of proof persists despite defendant’s default; deposit refund where defendant admits receipt but fails to prove refund; failure to prove special damages/renovation nexus; interest and costs awarded.
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10 February 2017 |
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Court overruled jurisdictional and illegality objections, finding the dispute arises from consultancy, not employment.
Civil procedure – preliminary objections – jurisdiction – Labour Court vs High Court – nature of relationship (consultancy/contract for service v contract of service) – National Social Security Fund contributions – alleged illegality premature at preliminary objection stage – costs awarded.
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10 February 2017 |
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Administratrix’s wrongful-death claim dismissed for failing to plead or prove dependants as required by statute.
Fatal accidents law – Law Reform (Fatal Accidents and Miscellaneous Provisions) Act (Cap 310) s.4 – wrongful-death actions must be brought for benefit of deceased’s dependants – administratrix must plead and prove dependants; vicarious liability – employer liable for employee’s negligent driving; damages – assessment requires evidence of dependency.
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10 February 2017 |
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9 February 2017 |
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Whether a sale payable by instalments is enforceable when purchaser defaults and what remedies (rescission, refund, title rectification) follow.
Land law – contract for disposition of right of occupancy – written sale agreement payable by instalments – purchaser’s failure to comply with payment schedule constitutes fundamental breach – vendor’s right to rescind; authenticity of transfer/ tripartite documents contested – proof of payments and indirect payments (tax and third‑party payments) – remedy: refund and title rectification under Land Registration Act.
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9 February 2017 |
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Failure to receive the dismissal order and reassignment of the judge justified a short extension to seek restoration.
Civil procedure – extension of time – application under Order XXXIX r.19 and s.14(1) Limitation Act – failure to be furnished with dismissal order and reassignment of judge as sufficient cause for brief delay – merits of intended restoration not determinative for extension.
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8 February 2017 |
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Applicant lacked locus standi because he failed to prove identity linking the loan name to the claimant; suit struck out.
* Land law – mortgage and sale by auction – collateral identification and sale procedure
* Civil procedure – locus standi – requirement to prove legal interest and identity before asserting rights
* Evidence – identity proof – documentary evidence and corroborating witnesses required to link different names
* Auction of secured property – relevance of loan documents, demand notices and transfer to debt collector
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8 February 2017 |
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8 February 2017 |
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Whether allocation and licensing powers for hunting blocks rest with the Director of Wildlife or with the defendant association.
Wildlife law — allocation of hunting blocks — licensing authority vested in Director of Wildlife — Memorandum of Understanding limited to execution of quota/permit — alleged payments were donations, not consideration — no breach, no recoverable damages.
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8 February 2017 |
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A valid DPP certificate under s.36(2) need not state detailed reasons and bars bail until withdrawn or proceedings end.
Bail — Economic and Organized Crime Control Act (Cap.200) s.36(2) — Effect of DPP certificate objecting bail; validity requirements: written certification, statement that safety/interests of the Republic likely prejudiced, relates to pending criminal proceedings — s.36(3) duration of certificate — No statutory duty to provide detailed reasons — Precedents: DPP v Li Ling Ling; DPP v Ally Nuru Dirie.
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7 February 2017 |