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Citation
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Judgment date
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| December 2017 |
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A sale lacking essential land particulars and made by a person with only temporary village allocation cannot transfer village land.
* Village land — disposal by individual with temporary allocation — inability to transfer ownership. * Conveyancing — sale agreement must state essential particulars (eg, size) to be valid. * Village levies and village executive’s refusal to accept commission as evidence of non-recognition of sale. * Adverse possession — long use does not confer title where village ownership/allocation is known.
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29 December 2017 |
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Failure to comply with mandatory s.235(1) Criminal Procedure Act renders convictions null despite sufficient evidence.
* Criminal law – unlawful possession of government trophy and firearms – evidential sufficiency and admissibility of trophy valuation; * Evidence – valuation certificate admissible when certified by wildlife officer under Wildlife Conservation Act; * Procedure – failure to comply with mandatory s.235(1) Criminal Procedure Act is fatal and renders conviction and sentence null.
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20 December 2017 |
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The appellant’s convictions lacking complainant testimony were quashed; convictions with direct and corroborated evidence were upheld.
Criminal law – Forgery and obtaining by false pretence – necessity of complainant's testimony – inadmissibility of hearsay to prove deception; Expert evidence – requirement for corroboration; Proof beyond reasonable doubt – sufficiency of direct evidence and corroborated expert comparison; Sentencing and compensation – appellate reduction of excessive award.
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13 December 2017 |
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Victim's credible testimony and medical evidence upheld rape conviction despite expunged exhibits; appeal dismissed.
* Criminal law – Rape – Evidence of victim of sexual offence – Corroboration not mandatory where victim is credible (s.127(7) Evidence Act).
* Criminal procedure – Caution statement – Time limits for interrogation – s.51 Criminal Procedure Act; statements taken outside basic period without extension are inadmissible.
* Evidence – Physical exhibits – Need for expert opinion/DNA to identify blood stains before admissibility/reliance.
* Identification – Victim’s identification in daylight and supporting medical evidence can suffice to prove identity and penetration.
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11 December 2017 |
| November 2017 |
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Conviction quashed where trial court failed to consider defence and prosecution failed to prove incest beyond reasonable doubt.
Criminal law — Sexual offences/incest — requirement to prove identity and date beyond reasonable doubt; corroboration and weight of victim and relative testimony; duty to consider accused's defence; role and limits of medical/expert evidence; effect of alleged motive to fabricate.
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29 November 2017 |
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Termination was substantively fair for misconduct but procedurally unfair; compensation reduced to six months' remuneration.
* Labour law — Termination of employment — Substantive fairness (misconduct) vs procedural fairness — employer's failure to allow mitigation under Rule 13(7) GN No. 42/2007 — effect under Section 37(2)(c).
* Remedies — Compensation under Section 40(1)(c) — discretion to reduce awarded months where dismissal substantively fair but procedurally flawed.
* Misconduct — use of employer time/assets, opening competing business, misuse of employer-funded work permit.
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10 November 2017 |
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CMA award quashed where no written mandate supported a representative claim; parties ordered to refile within 30 days.
Representative proceedings — Labour Institutions (Mediation & Arbitration) Rules GN No.64/2007 — Rule 5(2)&(3): written mandate/list required for multi-employee filings — Rule 24(1)-(3): joinder — failure to record mandate or joinder renders CMA proceedings nullity ab initio.
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9 November 2017 |
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Conviction for attempted unnatural offence quashed for lack of overt-act evidence and unreliable confession/medical evidence.
* Criminal law – Attempt to commit unnatural offence (s.155 Penal Code) – requirement of overt acts beyond mere touching; insufficiency of victim’s evidence to prove attempt. * Evidence – Admissibility and weight of confession and medical report (PF3); authenticity where prepared by a nurse versus a medical officer. * Procedure – Convicting on a substituted/inchoate offence when trial court finds no case on the substantive charge; requirement to state reasons for such substitution. * Burden and standard of proof – prosecution must prove attempt beyond reasonable doubt, with corroboration where evidence is doubtful.
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2 November 2017 |
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Co-accused's cautioned statement admissible; conviction for receiving stolen property upheld absent retraction or sufficient defence.
Criminal law – Receiving stolen property (s.311 Penal Code) – Use of co-accused’s cautioned/confession statement against co-accused (ss.33(1),(2) Evidence Act) – Requirement for corroboration only where confession is retracted or repudiated – Number of witnesses not determinative (s.133 Evidence Act).
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2 November 2017 |
| October 2017 |
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Appeal allowed where handwriting expert’s evidence lacked corroboration, leading to quashed forgery and personation convictions.
* Criminal law – Forgery and personation – reliance on handwriting expert evidence – requirement for corroboration by alleged signature owner to prove forgery beyond reasonable doubt.
* Evidence – admissibility and use of documents found in accused’s possession for comparison when not disputed.
* Criminal procedure – insufficiency of expert evidence alone to ground conviction where key witness does not confirm or deny signatures.
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13 October 2017 |
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An aggrieved applicant must appeal Primary Court orders to the District Court, not the District Land and Housing Tribunal.
* Jurisdiction – Primary Court jurisdiction over monetary claims; appellate remedy under Magistrate Courts Act s.20(1)(b).
* Appeals – District Land and Housing Tribunal lacks jurisdiction to entertain appeals originating from Primary or District Courts; its appellate jurisdiction is limited under Land Disputes Courts Act s.35.
* Execution – sale in execution under District Court authority to satisfy Primary Court judgments.
* Procedure – improper forum choice; correct remedy is appeal to the District Court, not an application to the Land Tribunal.
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13 October 2017 |
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Court endorsed deed of settlement as judgment ordering payment, surrender of property, and enforcement on default.
Civil procedure – Consent/settlement – High Court endorsement of parties’ Deed of Settlement as judgment and decree; Enforcement – execution of decree on default; Property transfer – payment schedule and surrender of premises.
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12 October 2017 |
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Court upheld conviction: familiar witnesses’ night identification and evidence sufficed; appeal dismissed.
* Criminal law – Robbery with violence – identification at night by familiar witnesses – reliability where proximity, light and familiarity exist. * Criminal procedure – delay in arrest – reasonable explanation where suspect was absent/hiding. * Evidence – necessity of calling secondary witnesses – not required if primary witnesses are credible. * Procedural complaint – citation of statutory provision (s.235(1) CPA) and adequacy of trial magistrate’s consideration of defence.
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10 October 2017 |
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Conviction quashed where it relied on an uncorroborated co‑accused confession and insufficient evidence.
Criminal law – Conviction cannot be based solely on a co-accused’s uncorroborated confession – Section 33(2) Evidence Act – Insufficiency of evidence to prove particulars of conspiracy and stealing by servant.
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5 October 2017 |
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A defective charge and insufficient circumstantial evidence require quashing the appellant's shopbreaking conviction.
Criminal law – shopbreaking (Penal Code s.296) – defective charge for failure to specify subsection – circumstantial evidence must irresistibly point to accused – improperly recorded caution statement – conviction quashed for failure to prove case beyond reasonable doubt.
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4 October 2017 |
| September 2017 |
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Appeal allowed and matter remitted for retrial due to reliance on untendered documents, assessors' improper cross-examination, and improper composition.
Land dispute — reliance on untendered documents — exhibit vs. annexure; Evidence — assessors not permitted to cross-examine witnesses; Civil procedure — improper composition at locus in quo — requirement of chairman plus two assessors; Remedy — retrial before different chairman and assessors; no costs ordered.
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29 September 2017 |
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Whether time spent obtaining certified copies is excluded when computing the 45‑day appeal period for the appellant.
Land law – Appeals – Time for appeal from District Land and Housing Tribunal (original jurisdiction) – 45 days under s.41(2) LDCA (as amended); Civil procedure – Memorandum of appeal must be accompanied by copy of decree (Order XXXIX r.1 CPC); Limitation – time spent obtaining certified judgment/decree excluded from computation under s.19(2) Law of Limitation Act; interaction between specific limitation provisions and Limitation Act.
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28 September 2017 |
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19 September 2017 |
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Guilty plea was valid; ten-year sentence found excessive and reduced to concurrent three-year terms.
Criminal law – Plea of guilty — Validity and completeness of plea; Sentencing — Mitigating factors and early guilty plea; Appellate interference where sentence is manifestly excessive; Substitution of concurrent term.
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12 September 2017 |
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12 September 2017 |
| August 2017 |
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Victims credible testimony, supported by medical and family evidence, can sustain a statutory rape conviction despite no eyewitness.
* Criminal law - Rape (statutory) - Victims testimony as central and potentially sufficient evidence; corroboration by family and medical evidence.
* Evidence - Competence and weight of relatives testimony; absence of eyewitness not fatal in secretive sexual offences.
* Evidence - Admissibility of PF3/medical report where preparer (nurse) testifies; procedural fairness regarding accuseds rights to call maker of report.
* Defence - Alibi notice and evidential burden; appellate review of trial courts evaluation of defence and prosecution proof of penetration.
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22 August 2017 |
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Administrator entitled to house where evidence showed gift to her mother and respondent’s claim was time‑barred.
* Land law – ownership – gift inter vivos – donor’s tax receipts do not necessarily defeat a valid gift to donee who occupied property.* Limitation of actions – Law of Limitation Act ss.9(1) and 35 – right to recover land of a deceased accrues at death and administrator is treated as claiming without interval.* Evidence – credibility and locus in quo – long exclusive possession and reliable witness testimony support title by gift.
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7 August 2017 |
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Unauthorised representation of a corporate respondent vitiates tribunal proceedings as a jurisdictional nullity.
Land law; locus standi — representation of corporate respondent; jurisdictional defect — unauthorised representative; nullity of proceedings where corporate entity not duly represented or served; costs assessed by Taxing Master.
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3 August 2017 |
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Convictions quashed for lack of territorial jurisdiction, deficient judgment analysis and reliance on uncorroborated expert handwriting opinion.
Criminal law – territorial jurisdiction – trial without jurisdiction nullifies proceedings; Criminal procedure – judgment requirements – Section 312(1) mandates points for determination, decision and reasons; Evidence – expert handwriting opinion requires proper samples/comparison and corroboration before grounding conviction; Forgery/uttering – prosecution must prove offence beyond reasonable doubt.
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2 August 2017 |
| July 2017 |
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Conviction for drug possession quashed where Government Chemist did not testify and exhibit quantities conflicted.
Criminal law – Possession of narcotic drugs – requirement of proof that seized material is cannabis sativa – expert (Government Chemist) must give oral evidence under s.62(1)(d) Evidence Act; discrepancy between charge and exhibits’ quantities undermines prosecution case; charging under repealed but identically re-enacted provision curable.
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25 July 2017 |
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Respondent proved ownership; appellants failed to show the land was village land; appeal dismissed.
Land law – proof of ownership on a balance of probabilities; village land – statutory definition under Village Land Act s.7 and requisites for land to be village land; effect of mere eviction/chasing on communal ownership; evidence – assessment of hearsay and witness credibility in land disputes.
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19 July 2017 |
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Conviction for statutory rape upheld on confession and medical evidence; sentence altered to corporal punishment due to appellant's age.
Criminal law – Rape (statutory) – admissibility and effect of caution statements – PF3 and medical evidence – identification parade not always required – sentencing under age‑related statutory provision.
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11 July 2017 |
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Victims' recognition under adequate lighting and familiarity upheld convictions for armed robbery and grievous harm.
* Criminal law – Visual identification – Recognition by victims known to accused – need to consider time under observation, lighting, proximity and familiarity (Waziri Amani). * Evidence – Non-tendering of light source not necessarily fatal where witnesses describe adequate illumination. * Proof – Armed robbery and grievous harm may be proved without recovery of stolen property if identification and other evidence are cogent.
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10 July 2017 |
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An unequivocal guilty plea admitting all elements bars appeal on conviction; procedural defects in exhibits immaterial absent objection.
Criminal law – Rape – Plea of guilty – Equivocal vs unequivocal plea – Admission of facts – Caution statement and PF3 – Admissibility and procedural irregularity – Appeal barred by Section 360(1) when convicted on guilty plea – Afterthought allegations of coercion.
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4 July 2017 |
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Delay and procedural defects made the respondent's termination unfair; general damages award quashed, 48 months' compensation upheld.
Labour law – unfair termination – substantive fairness (delay, employer conduct, proof on balance of probabilities); procedural fairness – promptness, opportunity to mitigate, six‑month guideline; remedies – reinstatement/re‑engagement/compensation; judicial review of CMA awards; assessment and quashing of excessive general damages.
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3 July 2017 |
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Forced resignation rendered termination substantively and procedurally unfair; respondent ordered to pay ten months' compensation.
* Employment law – unfair termination – substantive fairness – employer must prove misconduct on balance of probabilities and call corroborative witnesses.
* Employment law – forced resignation/constructive dismissal – resignation drafted by employer and ‘resign or be fired’ option vitiates voluntariness.
* Labour procedure – procedural fairness – requirement to follow disciplinary procedures (Rule 13 GN 42/2007) when misconduct alleged.
* Fixed‑term contracts – remedy for unfair termination – compensation for unexpired contract period.
* Repatriation – Section 43(1)(c) ELRA – entitlement depends on proven place of recruitment.
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3 July 2017 |
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Court partly allowed the applicant’s revision of CMA proceedings after hearing the matter in the respondent’s absence.
* Labour law — Judicial review/revision of CMA proceedings — Whether High Court should call, inspect and revise CMA records (CMA/MBY/17/2015).
* Civil procedure — Determination in absence of respondent — Effect of ex parte non‑attendance on revision applications.
* Reliefs on revision — Partial allowance of revision applications and consequences.
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3 July 2017 |
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Termination was substantively fair for misconduct but procedurally unfair for insufficient notice; twelve months' compensation awarded.
Employment law – unfair termination – substantive fairness (misconduct/gross dishonesty based on falsified warehouse reports) – procedural fairness (48 hours' notice under Rule 13(3), GN No. 42 of 2007) – alleged bias of investigator on disciplinary committee – remedy: twelve months' compensation under s.40(1)(c) ELRA.
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3 July 2017 |
| June 2017 |
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Conviction overturned where child’s testimony was ambiguous, essential particulars unproved and mandatory in camera/voir dire procedures breached.
Criminal law – sexual offences against a child – necessity to prove penetration and specific date; in camera requirement for sexual offence trials (s.186(3) CPA); voir dire requirements for child witnesses; unsworn child evidence requires corroboration; retrial vs acquittal where prosecution case materially defective.
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30 June 2017 |
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CMA has jurisdiction over public servants; appeal to Public Service Commission is discretionary, not mandatory.
Labour law – jurisdiction of CMA over public servants (ELRA s.2(1)); Public Service Act s.25(1) and Public Service Regulations (Reg.60(2)) – appeal to Public Service Commission is discretionary not mandatory; procedural requirements and effect of charge sheet wording on forum choice.
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23 June 2017 |
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An appeal to the Public Service Commission is optional; the CMA has jurisdiction over public servants' labour disputes.
Labour law – jurisdiction of CMA over disputes involving public servants; Public Service Regulations GN No.168/2003 r.60(2) – appeal to PSC is discretionary ('may'); ELRA s.2(1) – ELRA applies to public service employees; incorrect statutory citation (non-existent s.25(i) PSA 2002) does not oust CMA jurisdiction.
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23 June 2017 |
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The CMA had jurisdiction to hear a public servant's labour dispute; appeal to the Public Service Commission is optional.
* Labour law – Jurisdiction – CMA’s power under s.2(1) Employment and Labour Relations Act to entertain disputes involving public servants.
* Public service appeals – Regulation 60(2) Public Service Regulations: appeal to Public Service Commission is permissive (may), not mandatory.
* Statutory construction – citation to non-existent Section 25(i) Public Service Act No.8/2002 is without basis; cannot found a challenge to jurisdiction.
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23 June 2017 |
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Appeal allowed: suit time-barred, respondent lacked locus standi as administratrix, and title was insufficiently proved.
Land law – limitation periods for recovery of land (sec. 9(1), item 22 Schedule, Law of Limitation Act); accrual on date of deceased's death; jurisdiction – courts must dismiss time-barred suits even if limitation defence not pleaded; locus standi – requirement of valid appointment as administratrix before instituting estate-related suit; proof of title – burden on plaintiff and necessity to call key witnesses.
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20 June 2017 |
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Child’s pressured exculpatory statement and inadequate s.127 assessment rendered conviction unsafe; appeal allowed.
Unnatural offence (s.154(1)(a) Penal Code) – Reliance on child victim’s evidence; Preliminary examination of child witness (s.127 Evidence Act) – court must test intelligence and duty to tell truth; Exculpatory statements elicited under threat – dangerous to ground conviction; Corroboration by medical PF3 – relevant but does not cure unsafe victim evidence.
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20 June 2017 |
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The appellant's convictions were quashed because unsworn child testimony lacked corroboration and the offence date was not proved.
Criminal law – Rape; requirement of corroboration for unsworn child evidence; medical evidence and its limits as corroboration; hearsay and nexus to accused; necessity to prove the date in rape charges.
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20 June 2017 |
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Appellate court quashed non‑custodial sentences for statutory minimum offence and equalised compensation between respondents.
Criminal law — Obtaining money by false pretence — Minimum sentence under Section 302 Penal Code — Application of Minimum Sentences Act — Illegality of non‑custodial sentences contrary to statutory minima — Appellate power to vary illegal sentences — Compensation apportionment between co‑accused.
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8 June 2017 |
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Unauthorised locus in quo inspection and defective evidence in boundary dispute led to quashing of judgment and ordered retrial.
* Civil procedure – locus in quo inspection – unauthorized proceedings by non-presiding officer expunged; necessity of sketch plan and presence of key witnesses.
* Evidence – proper production of documents under O VII R.14(1) and resort to secondary evidence under s.68 Evidence Act.
* Land law – obligations of local authority when creating/allocating plots and issuing certificates of occupancy.
* Remedy – miscarriage of justice occasioned by procedural defects warrants quashing of judgment and retrial.
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6 June 2017 |
| May 2017 |
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The applicant succeeded in having a tribunal's striking-out order quashed and the matter remitted for merits determination.
* Land procedure – striking out applications – whether Tribunal properly struck out application instead of determining it on merits; remittal to Tribunal for merits determination. * Appellate review – quashing of tribunal’s procedural order. * Costs – each party to bear own costs.
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10 May 2017 |
| April 2017 |
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Whether a husband’s sale of matrimonial land without the wife’s consent and without lawful process was valid.
Land law – Matrimonial property – Whether land sold by husband was matrimonial; Limitation – recovery of land (12 years); Village authority – no power to order forced sale as punishment; Procedure – mandatory compliance with Section 24 (assessors’ opinion) of the Land Disputes Courts Act; Appeal – setting aside tribunal decision for miscarriage of justice.
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19 April 2017 |
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Appellants' identification at scene was insufficient and prosecution failed to prove armed robbery beyond reasonable doubt.
Criminal law — Identification evidence — Visual identification at night and recognition in court insufficient where no clear identification at scene; identification parade not mandatory if witnesses familiar but prosecution must exclude mistaken identity; conviction requires corroboration and admissible exhibits. Procedural law — Omission to cite statutory provision in judgment (s.235(1) CPA) curable if substantive compliance shown.
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10 April 2017 |
| March 2017 |
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A conviction entered on an unequivocal guilty plea bars appeal against conviction under s.360(1), absent sentence-only grounds.
Criminal procedure – plea of guilty – equivocal vs unequivocal plea; language comprehension and voluntariness of plea; requirement to explain and admit constituent elements; s.360(1) Criminal Procedure Act – appeal barred where conviction on plea of guilty.
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28 March 2017 |
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Tribunal's failure to follow land‑acquisition procedure and to account for assessors' opinion rendered its decision invalid.
Land law – customary occupancy v. planning/survey declarations; Land Acquisition Act – requirement for notification, valuation and compensation; Village land management – limits on village council powers and revocation procedure; Evidence – documents not tendered/admitted cannot be relied upon; Procedure – mandatory requirement to record and account for assessors' opinions under section 24 of the Land Disputes Courts Act.
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28 March 2017 |
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Appeal allowed and matter remitted where trial tribunal decided an unframed boundary issue, condemning appellant unheard.
Civil procedure — amendment or framing of issues — Order XV Rule 5(1) CPC — trial court deciding unframed issue — duty to exercise power before decree; Land law — ownership dispute — remittal for retrial where parties condemned unheard.
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28 March 2017 |
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Defective charge (wrong provision) where entrusted gold was converted into cash vitiated the conviction; retrial directed.
Criminal law – Stealing by agent – Wrong statutory citation where entrusted property (gold) was converted into cash – defective charge – conviction quashed – retrial ordered.
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21 March 2017 |
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Conviction quashed for defective charge and unsupported compensation order; retrial ordered, appellant remanded.
* Criminal law – defective charge – necessity to cite correct statutory subsection when framing charges; failure to do so renders trial unfair.
* Compensation – trial court must have enabling statutory authority cited in charge; unsupported compensation orders are unlawful.
* Appeal/remedy – conviction on defective charge is quashed; retrial may be ordered where evidence warrants it.
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14 March 2017 |