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Citation
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Judgment date
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| June 2022 |
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30 June 2022 |
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30 June 2022 |
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Whether a District Court magistrate lawfully imposed five years’ imprisonment under section 170(1) CPA.
Criminal Procedure Act s170(1) – subordinate court sentencing powers – Resident Magistrate presiding in District Court may impose up to five years’ imprisonment; Minimum Sentences Act distinction – no High Court confirmation required where sentence ≤ five years.
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30 June 2022 |
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30 June 2022 |
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30 June 2022 |
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30 June 2022 |
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30 June 2022 |
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30 June 2022 |
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29 June 2022 |
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29 June 2022 |
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29 June 2022 |
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An application for extension of time cannot revive an appeal already dismissed as time-barred under section 3(1); remedies are appeal, review or revision.
Civil procedure – Limitation – Effect of dismissal under section 3(1) of the Law of Limitation Act – Dismissal as time-barred is final and conclusive; extension of time in the same court not competent. Civil procedure – Written submissions – Non-compliance with court-ordered timetable equates to non-appearance/want of prosecution. Remedies – Review, appeal or revision available after dismissal as time-barred.
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28 June 2022 |
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28 June 2022 |
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28 June 2022 |
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28 June 2022 |
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Applicant failed to account for three-year delay and did not plead alleged illegality; extension of time refused with costs.
Extension of time — sufficient cause — Lyamuya principles — illegality as sufficient cause but must be pleaded and deposed to — applicant must account for all delay — out-of-court settlement and delay in obtaining copies not automatically sufficient.
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28 June 2022 |
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28 June 2022 |
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Pleadings' admissions permit judgment and damages, but court reduced excessive award and quashed unauthorized interest and costs.
Civil procedure – judgment on admission – parties bound by their pleadings and advocates’ concessions; general damages – award on admitted facts and appellate reduction of excessive award; interest – lawful post-judgment interest under Order XX Rule 21 but interest on unclaimed heads quashed; costs – costs follow the parties' agreement where suit did not proceed to hearing.
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28 June 2022 |
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28 June 2022 |
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Probate issues on administratrix capacity must be challenged in probate court; land tribunal properly found respondent owner on balance of probabilities.
Land law – ownership dispute – burden of proof on person alleging ownership; Probate law – validity of letters of administration and capacity of administrator to dispose of estate property is for probate forum, not land tribunal; Joinder of parties – failure to join seller not necessarily fatal where seller testified for respondent; Evidence – civil standard is balance of probabilities; first appellate court may re-evaluate evidence.
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28 June 2022 |
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28 June 2022 |
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27 June 2022 |
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27 June 2022 |
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27 June 2022 |
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Appeal dismissed: victim credible and medical evidence of anal penetration corroborated the conviction and life sentence.
Evidence — competence of relatives; Sexual offences — corroboration not mandatory (s.127(7) Evidence Act); Medical evidence — penetration sufficient, bruises unnecessary; Evidence — no set number of witnesses (s.143 Evidence Act); Adverse inference — only where a material witness is omitted; Sentencing — life imprisonment for offences on persons under 18 (s.154(2) Penal Code).
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27 June 2022 |
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Victim’s credible account and corroboration upheld gang rape conviction despite expunged cautioned statement.
Criminal law – Gang rape (s.131A Penal Code) – Penetration, however slight, suffices; bruises/blood/sperm not required to prove rape; victim’s testimony as best evidence; cautioned statement improperly admitted if not read in court (expunged); appellate re‑evaluation of evidence permitted; conviction upheld where prosecution proves participation/abetment beyond reasonable doubt.
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24 June 2022 |
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Accused proved insane at the time of the killing; discharged under section 219(2) and (3)(b) of the CPA.
Criminal law – murder – proof of actus reus and mens rea – identity and admissibility of cautioned statement and section 34B statement. Criminal responsibility – insanity defence – burden on accused to prove insanity on balance of probabilities; psychiatric evidence and inference from conduct. Evidence – weight of expert opinion that relies on records and statements; court not bound by expert but may accept inference.
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24 June 2022 |
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23 June 2022 |
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23 June 2022 |
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23 June 2022 |
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23 June 2022 |
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22 June 2022 |
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22 June 2022 |
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Tribunal's omission of assessors' opinions vitiates its judgment; lack of jurisdiction led to nullification.
Land disputes – Jurisdiction – Whether District Land and Housing Tribunal can entertain challenge to attachment made by executing Primary Court – proper remedy is objection proceedings in executing court; probate matters for estate property. Procedure – Assessors – Requirement under section 24 of the Land Disputes Courts Act to record assessors' opinions and reasons where chairman differs; omission renders judgment defective. Remedy – Remittal versus nullification – where tribunal lacks jurisdiction the High Court may invoke revisional powers (s.43) to nullify proceedings rather than remit for correction.
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21 June 2022 |
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20 June 2022 |
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20 June 2022 |
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Appellant failed to prove theft and was not denied right to be heard; appeal dismissed.
Criminal law – theft – requirement to prove existence of property and act of theft beyond reasonable doubt; appellate review on second appeal – interference only for misdirection or non‑direction on evidence; right to a hearing – court record as conclusive evidence of hearing given.
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17 June 2022 |
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High Court varied an illegal seven-year sentence imposed by a Resident Magistrate and ordered the appellant’s immediate release.
Criminal procedure – competence of appeal filed out of time under s.361(1)(b) CPA; Sentencing limits of Resident Magistrate under s.170(1)(a) CPA – excess sentence illegal; High Court revisional powers under s.373(1)(a) CPA – variation of illegal sentence and ordering release.
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17 June 2022 |
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17 June 2022 |
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Leave to appeal refused where applicant raised new, unargued issues and failed to show prima facie grounds.
Leave to appeal — requirement of prima facie/arguable grounds or issues of public/novel importance — new or unargued issues cannot sustain leave; dismissal with costs.
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17 June 2022 |
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17 June 2022 |
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Prosecution failed to establish a prima facie murder case due to unreliable eyewitness identification and contradictory evidence.
Criminal procedure – prima facie case under section 293 CPA – when accused should be called to defend. Evidence Act s.34B – admissibility and weight of written statements in lieu of oral evidence. Identification evidence – single-witness recognition at night is weak and must be watertight; corroboration and absence of contradictions required. Contradictory prosecution evidence and absence of identification parade may render a case unsustainable.
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16 June 2022 |
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15 June 2022 |
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13 June 2022 |
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13 June 2022 |
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13 June 2022 |
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Convictions quashed where victim’s testimony was unreliable and a cautioned statement was improperly admitted; paternity not proven.
Criminal law – Sexual offences – Best evidence of rape comes from the victim but must satisfy truthfulness and credibility tests; contradictions can render such evidence unsafe. Criminal law – Impregnating a school girl – Proof of paternity requires concrete or scientific corroboration (DNA) to safely convict. Evidence – Cautioned/confession statements must be cleared, voluntariness inquired into when objected and their contents read before admission; failure warrants expungement. Criminal procedure – Failure to re‑read the charge before trial is not automatically fatal where accused understood the case and effectively participated.
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13 June 2022 |
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13 June 2022 |
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13 June 2022 |
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13 June 2022 |