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Citation
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Judgment date
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| May 2022 |
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24 May 2022 |
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24 May 2022 |
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23 May 2022 |
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20 May 2022 |
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Court dismisses application to vary high bail; finds no statutory "holding charge" but upholds District Court's jurisdiction to secure attendance pending transfer.
Criminal procedure – Bail conditions – "Holding charge" pending transfer abroad – No statutory "holding charge"; extradition governed by Extradition Act; jurisdiction of local court to entertain bail pending transfer; inapplicability of s.6(1)(b) where not charged under that provision.
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20 May 2022 |
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Appellate court dismissed appeal: chain of custody and oral valuation upheld despite invalid valuation certificate.
Criminal law – unlawful possession of government trophies – proof beyond reasonable doubt. Evidence – chain of custody – broken chain may not vitiate admissibility where items cannot easily be tampered with and no prejudice shown. Evidence – admissibility of valuation certificate under Wildlife Conservation Act s.114(3) – certificate by unqualified officer has no evidential value. Sentencing – oral evidence may suffice to establish trophy value when statutory certificate is invalid. Procedure – admission of exhibit in preliminary hearing not fatal where accused admitted underlying fact.
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20 May 2022 |
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Court revised CMA award, finding termination fair (substantively and procedurally) and set aside reinstatement order.
Employment law – unfair termination – substantive fairness: existence of loss notwithstanding later recovery – negligence as valid reason for dismissal. Employment law – procedural fairness – requirement of investigation and fair disciplinary hearing; format of report not mandatory. Burden of proof – employer must establish fairness of termination (section 39 ELRA). Remedies – reinstatement vs terminal benefits where trust and responsibilities affected; court’s power to revise CMA awards.
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20 May 2022 |
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Improper recording of a child witness's promise to tell the truth vitiates trial proceedings and warrants retrial.
Evidence — Child of tender age — Section 127(2) Evidence Act — requirement that child promise to tell the truth before giving evidence — promise must be recorded in child's own words — simplified questions to test understanding — failure to comply nullifies proceedings and warrants retrial.
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20 May 2022 |
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Applicant failed to show sufficient cause or apparent illegality to obtain extension of time for a certificate on a point of law.
Civil procedure – extension of time under s.11(1) Appellate Jurisdiction Act – requirement to show sufficient cause. Grounds for extension – sickness and financial inability – need for particularised proof and explanation of delay. Illegality as ground for extension – must be apparent on the face of the record (Lyamuya principle) and not raised as a factual dispute. Failure to file counter-affidavit – factual averments in applicant's affidavit deemed uncontested but respondent may still contest points of law.
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20 May 2022 |
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Improper voir‑dire of a child witness and inadmissible police oral admission undermined the prosecution's rape conviction.
Evidence Act s.127(2) — child witness of tender age — mandatory promise to tell the truth and proper voir‑dire; Criminal Procedure Act s.57 — requirement for written cautioned statement for admissions to police; Failure to call material witnesses — adverse inference; Sufficiency of evidence in sexual offences — scrutiny and corroboration.
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20 May 2022 |
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19 May 2022 |
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19 May 2022 |
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19 May 2022 |
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19 May 2022 |
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19 May 2022 |
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19 May 2022 |
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19 May 2022 |
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18 May 2022 |
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17 May 2022 |
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17 May 2022 |
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17 May 2022 |
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16 May 2022 |
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16 May 2022 |
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16 May 2022 |
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16 May 2022 |
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16 May 2022 |
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Medical and victim evidence proved slight penetration; appellant's unnotified alibi was uncorroborated and appeal dismissed.
Criminal law – Rape – Penetration however slight sufficient (s.130(4)(a) Penal Code); medical evidence and PF3 corroboration; evidence of a child-victim (s.127(6) Evidence Act) – credibility and corroboration; alibi notice and proof requirements (s.194 Criminal Procedure Act); failure to cross-examine implies acceptance of evidence.
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13 May 2022 |
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Appeal dismissed: prosecution proved burglary and stealing; non-reading of cautioned statement not fatal where witness testified and appellant failed to cross-examine.
Criminal law – Burglary and stealing – Sufficiency of evidence – confessions and cautioned statements; non-reading of admitted documentary evidence and prejudice. Criminal procedure – Effect of failure to cross-examine – implication of acceptance. Admissibility – Allegation of torture as afterthought and failure to challenge at trial.
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13 May 2022 |
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13 May 2022 |
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13 May 2022 |
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Appellant's guilty plea upheld but four-year sentence set aside as manifestly harsh; appellant ordered released.
Criminal law – guilty plea – whether plea is unequivocal – conditions for valid conviction on plea of guilty. Traffic law – dangerous driving causing bodily injury – elements must be disclosed in facts read. Sentencing – minimum statutory penalty, proviso for non-grievous injury, consideration of mitigating factors; appellate interference where sentence manifestly harsh.
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13 May 2022 |
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Cautioned statement improperly admitted and visual identification alone, without early description or investigator’s evidence, failed to prove identity beyond reasonable doubt.
Criminal law – evidence – cautioned statement – trial court must inquire into voluntariness when retracted; otherwise statement is inadmissible. Evidence – identification – visual/dock identification is weakest and conviction requires watertight circumstances (lighting, observation time, prior acquaintance, immediate description). Procedure – failure to call investigator or to prove early description/arrest may attract adverse inference and undermine prosecution case.
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13 May 2022 |
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Child-witness evidence taken contrary to section 127(2) invalidated; conviction quashed and retrial ordered limited to child's testimony.
Evidence — Child witness procedure under section 127(2) Evidence Act — Where child does not understand oath, promise to tell truth must be obtained and recorded — Failure to comply invalidates child’s evidence and may vitiate conviction; appropriate remedy may be limited retrial.
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13 May 2022 |
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Conviction for theft quashed where ownership, crucial witness absence and unrecorded police admission undermined prosecution proof.
Criminal law – Theft – Elements – proof of ownership/custody and intent to permanently deprive under section 258(1) and (2)(a). Evidence – Failure to call a crucial witness who had custody of the property – adverse inference. Documentary evidence – Photocopy and inconsistent entries – reliability and best evidence concerns under Evidence Act. Criminal procedure – Admissions/confessions – requirement to record/reduce interviews to writing under section 57 Criminal Procedure Act.
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13 May 2022 |
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12 May 2022 |
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11 May 2022 |
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11 May 2022 |
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10 May 2022 |
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9 May 2022 |
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9 May 2022 |
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5 May 2022 |
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5 May 2022 |
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5 May 2022 |
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5 May 2022 |
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5 May 2022 |
| April 2022 |
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Court certified issues on jurisdiction: time-bar and wrong forum for determination by the Court of Appeal.
Land appeal — Third appeal certificate under s.47(3) LDC Act — Certification only for points of law — Time limitation and forum choice go to jurisdiction — s.5(2)(c) AJA; jurisdictional questions suitable for Court of Appeal determination.
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29 April 2022 |
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Applicants granted leave to appeal on arguable issues including locus, customary title, letter of offer and assessors' opinions.
Leave to appeal — whether arguable issues of law or fact exist warranting appellate consideration. Locus in quo — discretionary and not automatic; necessity depends on facts. Customary occupation and compensation — entitlement upon survey/planning declaration requires evidence appraisal. Certificate of right of occupancy — issue as to requirement of prior letter of offer. Double allocation — requires two competing titles; absent here on record. Assessors’ opinions — propriety and authenticity to be determined on appeal. Abridging/combining grounds of appeal — accepted practice where grounds are related.
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29 April 2022 |
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28 April 2022 |
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28 April 2022 |
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Application for revision struck out as time-barred; electronic filing delay and lay litigant status insufficient for condonation.
Employment law – Revision of CMA award – Time bar – Computation of six-week limitation period from date of service; Electronic filing rules – Judicature and Application of Laws (Electronic Filing) Rules 2018; Condonation – Network problems and litigant’s lay status insufficient absent proper application; Labour dispute – no order as to costs.
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27 April 2022 |