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Citation
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Judgment date
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| December 2024 |
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Primary court reliance on improperly tendered electronic evidence renders its judgment a nullity; applicant may reinstitute proceedings.
Evidence — Electronic evidence — Jurisdiction of primary courts to deal with electronic evidence — Tendering, marking, admission and endorsement of exhibits — Exhibit Management Guidelines; Rule 4, Order XIII CPC — Documents not forming part of record — Judgment a nullity — Quashing proceedings and liberty to reinstitute.
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23 December 2024 |
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Appeal allowed: respondent failed to prove corporate capacity and lawful village land allocation.
Land law – locus standi of a body of trustees – requirement to prove incorporation/capacity to sue; Village land allocation – limits on acreage (Rule 76(1) GN No.86/2001) and requirement for Commissioner approval for non‑village organisations (s.17(5) Village Land Act); evidentiary requirement to prove ownership and proper allocation.
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23 December 2024 |
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Abduction not proved where movement was public and victim's silence undermined evidence of force and secret confinement.
* Criminal law – Abduction (ss. 246, 249 Penal Code) – Ingredients: compulsion by force or deceit; intent to secretly and wrongfully confine – burden to prove beyond reasonable doubt.
* Evidence – Credibility and conduct of alleged victim (silence, lack of resistance) as relevant to voluntariness.
* Evidence – Public nature of acts and witness contradictions undermine claim of secret confinement.
* Procedure – Failure to call an investigator not fatal where prosecution witnesses sufficiently address material facts.
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13 December 2024 |
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Appeal allowed: tribunal wrongly struck out land claims for non-joinder and for alleged absence of cause of action.
* Civil procedure – Preliminary objections – Must raise pure point of law suitable for disposal without factual inquiry (Mukisa principle). * Joinder – Order I, Rule 3 – Requirements for joining necessary defendants and when absence makes joinder necessary. * Pleadings – Order VII, Rule 1(e) – Facts constituting cause of action must be disclosed; possession and refusal to give vacant possession can constitute a cause of action. * Land law – Suit for declaration of ownership – Proper determination on merits where preliminary objections improperly sustained.
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12 December 2024 |
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Applicant failed to prove sufficient cause (including sickness) or to account for delay; extension of time dismissed.
Extension of time – s.11(1) Appellate Jurisdiction Act – discretion to extend time requires sufficient cause; Sickness as sufficient cause – must be proved and account for every day of delay; Hearsay – medical facts about an adult third party require that person's affidavit; Inordinate/ unexplained delay grounds refusal of extension.
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11 December 2024 |
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Appeal dismissed: proceedings belonged before a magistrate with extended jurisdiction and were filed time-barred without extension.
* Civil procedure – Transfer of cases – Rule 13, Judicature and Application of Laws (Transfer and Management of Cases Assigned to Magistrates with Extended Jurisdiction) Rules, 2023 – consequential proceedings must be transferred to Resident Magistrate’s Court with extended jurisdiction.
* Jurisdiction – once transferred, records remain in magistrate registry and cannot be returned to High Court for related applications.
* Limitation – appeal time-barred where instituted over 15 months after impugned ruling without extension of time.
* Appeal routes – decisions of magistrates with extended jurisdiction are appealable to the Court of Appeal, not the High Court.
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11 December 2024 |
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Electronic filing: filing date is the date of payment and the appeal was held timely within the 30‑day limit.
* Civil procedure – appeals from primary court to district court – statutory 30‑day limit under Magistrates' Courts Act s.20(3).
* Electronic filing – filing date is date of payment of court fees (not registry receipt).
* Computation of time – day of judgment excluded under Limitation Act s.19(2) and Interpretation of Laws s.60.
* Effect of technical delay in fee payment – does not necessarily render appeal incompetent if payment date falls within limitation.
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10 December 2024 |
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Customary dowry is a contractual consideration and is refundable where the marriage breaks down; appeal allowed.
* Customary marriage – existence and proof – payment and acceptance of dowry as constitutive elements.
* Dowry vs gift – dowry is a consideration under s.2(1) Law of Marriage Act, not a gratuitous gift.
* Local customary law – GN.279/1963 (Rules 52 & 58) – entitlement to return of bride-price where marriage breaks down.
* Evidence – undisputed facts and application of burden of proof (section 110 Evidence Act).
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10 December 2024 |
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Primary court had jurisdiction where land ownership was previously adjudicated; appellant's conviction for criminal trespass upheld.
Criminal trespass – jurisdiction of Primary Court – effect of prior civil adjudication of land ownership – concurrent findings – right to be heard – objection proceedings/remedies – proof beyond reasonable doubt.
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10 December 2024 |
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Appellate court quashed land tribunal judgment because the land application omitted mandatory particulars, rendering proceedings incompetent.
Land practice—Pleadings—Order VII Rule 3 CPC and Regs 3(2)(b),(d),(e)—failure to disclose boundaries, adjacent owners, estimated value and reliefs renders land plaint/application incompetent and proceedings a nullity.
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10 December 2024 |
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Applicant failed to prove sufficient cause or prima facie illegality for extension to file review; application dismissed.
Extension of time – Law of Limitation Act s.14(1) – applicant must show sufficient cause and account for each day of delay; delay in obtaining judgment copy requires supporting evidence; alleged illegality must be shown prima facie; matrimonial consent orders and parties’ rights to be heard.
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6 December 2024 |
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Conviction quashed where search was unlawful and prosecution failed to prove link between appellant and vehicle containing trophies.
* Criminal procedure — Search and seizure — Compliance with sections 38 and 40 CPA (authority, time of execution, receipt/signature/reporting) — Evidence seized during unlawful search may render conviction unsafe. * Evidence — Proof of possession — Connection between accused and place of concealment (motor vehicle) — ignition key alone insufficient without corroboration. * Admissibility — Proper marking/receipt of exhibits — trial rulings may cure objections where record shows formal admission.
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6 December 2024 |
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The applicant failed to prove defamation on the balance of probabilities; electronic evidence requires proper authentication.
Civil procedure; defamation — standard of proof: balance of probabilities; electronic evidence — admissibility and authentication under Electronic Transactions Act and Evidence Act; hearsay and quality of evidence; functus officio; judgment pronouncement/notice.
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6 December 2024 |
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Conviction quashed where identification, material contradictions and poor investigation undermined prosecution's armed-robbery case.
Criminal law – armed robbery – sufficiency of evidence; identification of accused; material contradictions between police statement and in‑court testimony; failure to tender exhibits; inadequate investigation and delay in charging – doubts resolved in favour of accused.
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6 December 2024 |
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Delay and unsupported allegations against former counsel do not justify extension of time to appeal.
* Civil procedure – Extension of time – party must account for each day of delay and provide credible explanation; negligence of former advocate must be supported by evidence (affidavit).
* Extension of time – illegality exception – illegality must be apparent on the face of the record to justify extension.
* Abuse of process – applications aimed at frustrating execution may be refused and attract costs.
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6 December 2024 |
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A party who voluntarily refuses to attend a retrial cannot later claim denial of the right to be heard.
* Land law – Revision – Section 36(1)(b) and (2) Land Disputes Courts Act – tribunal may revise ward proceedings for contravention of law or breach of natural justice.
* Constitutional law – Right to be heard – Article 13(6)(a) – right must be afforded but its exercise is optional.
* Evidence – Burden of proof – Section 110(1) Evidence Act – allegations of denial of hearing are factual and must be proved by the claimant.
* Civil procedure – Ex parte proceedings – voluntary absence or refusal to participate precludes later complaint of denial of hearing.
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6 December 2024 |
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Appellant failed to prove ownership; trial Tribunal properly evaluated evidence and appeal dismissed with costs.
Land dispute – burden of proof on party alleging title – proof on balance of probabilities; Evidence – credibility assessment and adverse inference from failure to call key witnesses; Locus in quo – inspection not mandatory, only in exceptional circumstances; Unsurveyed land – documentary proof and corroboration required to establish ownership.
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6 December 2024 |
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5 December 2024 |
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Appellate court found appellant proved ownership of nine acres; respondents are trespassers and must vacate.
Land law – ownership dispute over 9 acres; burden of proof – claimant must prove ownership; admissibility and weight of village meeting records and VEO letter; insufficiency of respondents’ receipt and inconsistent oral testimony; appellate re-evaluation where trial court failed to weigh material evidence properly.
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5 December 2024 |
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Tribunal proceedings quashed where defective Ward Tribunal certificate and non-joinder denied applicant right to be heard.
Land disputes jurisdiction; mandatory Ward Tribunal mediation certificate (s.13 LDCA); non-joinder of interested parties (right to be heard) vitiating proceedings; nullity; quashing of District Land and Housing Tribunal judgment.
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5 December 2024 |
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The applicant’s conviction upheld: the victim's credible testimony proved penetration despite broken DNA chain.
* Evidence Act s.127 — child witnesses: noncompliance with s.127(2) not fatal where credibility/reliability established (s.127(6),(7)); voir dire formalities. * Sexual offences — proof of penetration: victim's credible testimony can suffice. * Chain of custody — failure to account for collection/handling of victim's specimen breaks evidential value of DNA exhibits. * Right to cross-examine — exhibits and testimony admitted without proper procedure may be expunged.
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5 December 2024 |
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Discharge under section 225(5) CPA misapplied; order quashed and trial remitted to continue from 13 February 2024.
* Criminal procedure – section 225(5) Criminal Procedure Act – discharge where prosecution unable to proceed – misapplication where prosecution permitted to proceed ex parte under section 226(1).
* Criminal procedure – section 226(1) – trial in absence of accused – effect on subsequent discharge applications.
* Court records – missing proceedings and altered coram entries – duty to maintain complete record; limited nullification where supported.
* Revisional jurisdiction – quashing of improper discharge and remittal for continuation of trial.
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5 December 2024 |
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Primary probate courts cannot determine land ownership; ownership disputes must be litigated in land courts against the administrator.
Probate law — Primary/Probate courts limited to appointment of administrators — Administrator as legal representative with property vesting in them — Land ownership disputes must be litigated in competent land courts against the administrator.
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4 December 2024 |
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Failure to appoint and swear a court interpreter vitiated the trial; conviction quashed for insufficient evidence.
Criminal procedure – Right to fair trial – Appointment and oath of court interpreters (s.211 Criminal Procedure Act; s.4 Oaths & Statutory Declarations Act) – Failure to appoint/swear interpreter is a fatal irregularity – Expungement of interpreted evidence – Sufficiency of remaining evidence to sustain conviction.
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4 December 2024 |
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Claimant failed to prove land ownership; sale agreement not tendered and material witnesses were not called.
Land dispute; burden of proof on claimant; Evidence Act s.110 adverse inference for non-production of material witnesses; failure to tender exhibits; appellate re-evaluation of evidence.
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4 December 2024 |
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Appellant failed to prove ownership or wrongful execution; proper remedy was objection proceedings and appeal was dismissed.
* Land law – ownership and proof – necessity of clear description of parcel and calling material witnesses to prove sale agreement; adverse inference where witnesses not called. * Evidence – annexed documents not properly tendered cannot substitute for proved exhibits. * Civil procedure – execution objections – where property is wrongly attached remedy is objection proceedings under Order XXI r.57.
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2 December 2024 |
| November 2024 |
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Extension granted: technical delay and accounted-for financial hardship constituted good cause to lodge the bill of costs.
Extension of time — bill of costs — technical delay arising from previously struck-out proceedings may constitute good cause; applicant must account for every day of delay; financial constraints can, in peculiar circumstances and where applicant promptly acts, be an excusable reason; respondents' failure to file counter-affidavit may warrant ex parte proceeding; application allowed and bill to be filed within 30 days.
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29 November 2024 |
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Statutory rape under section 131 carries a mandatory minimum sentence of 30 years; appellate courts may enhance unlawful lesser sentences.
* Criminal law — Statutory rape — section 131 Penal Code — mandatory minimum sentence of 30 years to life
* Sentencing — interpretation of "not less than" as precluding sentences below statutory minimum
* Appellate jurisdiction — power to enhance unlawful lesser sentences to comply with statutory minima
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29 November 2024 |
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Appellate court affirms child rape conviction: child testimony admissible, minor inconsistencies immaterial, conviction upheld.
Criminal law – Rape of a child – Evidence of child of tender years and section 127 Evidence Act compliance; admissibility and weight of victim’s testimony; materiality of omitted witnesses and adverse inference; competency and admissibility of medical evidence; appellate re-evaluation where trial judgment lacks critical analysis; preliminary hearing and arraignment procedural irregularities.
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29 November 2024 |
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Court upheld tribunal: respondent as estate administrator lawfully owns disputed land; appeal dismissed with costs.
Land law – proof of title and possession – locus in quo evidence; Civil procedure – omission of party and duty to join legal representative (Order XXII) – abatement; Inheritance law – customary succession versus requirement of administration and inventory; Evidentiary weight – defective sale agreement and witness denial; Tribunal compliance with appellate order (locus visit).
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29 November 2024 |
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Ill-health termination was substantively justified but procedurally defective; CMA award quashed and twelve months’ compensation awarded.
* Employment law – Termination for incapacity/ill health – substantive fairness upheld where medical evidence shows incapacity related to job exposure. * Employment law – Procedural fairness – employer must comply with Rule 21 procedures; termination carried out before convened meeting renders procedure unfair. * Civil procedure/Labour revision – change of CMA file numbers and delays caused by applicant’s successive/incompetent filings do not amount to illegality. * Remedies – quashing of CMA award and award of 12 months’ compensation where procedure defective.
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29 November 2024 |
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Extension of time refused where applicant failed to provide credible, evidenced reasons or account for each day of nearly two-year delay.
Extension of time – Law of Limitation Act s.14(1) – requirement to show sufficient cause and account for each day of delay – admissible supporting evidence (affidavit, medical records, death certificate, power of attorney) – Lyamuya test applied.
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29 November 2024 |
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Sentence invalid for failing to specify the offences; judgment quashed and matter remitted for fresh judgment.
Criminal procedure – Sentencing formalities – Section 312(2) Criminal Procedure Act – Judgment must specify offence and legal provision – Failure renders judgment defective; remedy: nullify, quash convictions and remit for fresh judgment. (Context: wildlife offences and disputed evidential/chain-of-custody issues; EOCCA s.29 delay raised but not decided.)
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29 November 2024 |
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Applicant's medical incapacitation partly excused delay but failure to account for ten days led to dismissal of extension application.
Extension of time — good cause requirement — illness as ground for extension — applicant must account for each day of delay — court will not rely on submissions outside sworn affidavits — retention of trial advocate not binding for appeal.
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29 November 2024 |
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Extension granted where impugned judgment raised apparent illegality from overlapping titles and failure to join Registrar of Titles.
Land law – extension of time – apparent illegality – overlapping certificates of title – necessity to join Registrar of Titles/Commissioner for Lands – jurisdictional defect – trespass vs boundary perfection.
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29 November 2024 |
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Double charging for the same incest offence (misjoinder) rendered the trial void and convictions quashed despite corroborative evidence.
Criminal law – incest by male; admissibility and corroboration of victim evidence; cautioned statement/confession; hearsay and necessity to call material eye‑witness; misjoinder of charges; double jeopardy; defective charge nullifies trial.
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29 November 2024 |
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Failure to comply with statutory destruction and evidentiary safeguards defeated the prosecution’s trafficking case.
Drugs Control Act s.36 & Regulation 14 – mandatory magistrate certification, photographs and certified samples for destruction; Evidential burden – proof beyond reasonable doubt of possession/trafficking; Interested witnesses – reliability of police witnesses and need for independent witnesses; Night searches and procedure – interrogation under s.48 and legality of non-emergency night operations; Destruction of exhibits – requirement for primary evidence before destruction.
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29 November 2024 |
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Arbitrator decided unpleaded issues, mixing retrenchment with contract non-renewal; CMA award quashed for procedural irregularity.
* Labour law – procedural fairness – arbitrator must frame issues relevant to the pleadings; parties and tribunal are bound by pleadings. * Labour law – retrenchment vs non-renewal of fixed-term contract – distinct concepts with different burdens of proof. * Administrative law – improperly procured award – review and setting aside for jurisdictional/ procedural irregularity.
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29 November 2024 |
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Concurrent findings that respondent proved ownership on the balance of probabilities were upheld; appeal dismissed.
Land dispute — ownership — standard of proof in civil cases — balance of probabilities — burden of proof remains on party bearing onus — credibility and weight of evidence — concurrent findings of Ward Tribunal and DLHT not to be disturbed absent error.
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28 November 2024 |
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28 November 2024 |
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Child’s sworn testimony, PF3 medical evidence and the appellant’s admissions supported convictions for rape and HIV transmission.
Criminal law – Rape – Child complainant’s evidence under oath and voir dire; Medical evidence (PF3) – rupture of hymen, bruising and proof of recent sexual activity; Competence of clinical officer to examine and tender PF3; Admission/confession to police as corroboration; Proof beyond reasonable doubt for rape and transmission of HIV; Sentencing – appellate interference only for irregularity or manifestly excessive sentence.
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28 November 2024 |
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Acquittal upheld because ownership and unlawful mens rea were not proved for malicious damage.
Criminal law – Malicious damage to property (s.326 Penal Code) – Prima facie case and discharge under s.36 PCCPC – Role of eyewitness evidence versus valuation evidence – Requirement to prove ownership and unlawful mens rea; honest claim of right (s.9 Penal Code).
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28 November 2024 |
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Appellant's slander claim fails because publication was not proven despite evidence of spoken defamatory words and a related criminal conviction.
* Defamation — distinction between libel (written) and slander (spoken) — pleadings determine nature of claim. * Requirement of publication — communication to a third party is essential to slander. * Evidence — evaluation of witness credibility and documentary inconsistencies when proving publication. * Admissibility/weight of criminal convictions in civil proceedings — relevance but not conclusive for different elements. * Burden of proof in civil torts — preponderance of probabilities applies.
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28 November 2024 |
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Res judicata failed because the prior and current suits involve different parties; preliminary objection overruled with costs.
* Civil procedure – Res judicata – Section 9 CPC – five conjunctive preconditions – same parties or privies required; dismissal for want of prosecution and restoration applicable only between same parties. * Jurisdiction – Government Proceedings Act – proceedings involving the Attorney General appropriately in High Court, not DLHT.
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28 November 2024 |
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Appellate court affirmed tribunal: respondent proved ownership and appellant trespassed; appeal dismissed with costs.
Land law – boundary dispute – ownership and trespass – weight of evidence – locus in quo/site visit – appellate interference with factual findings – credibility assessment.
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28 November 2024 |
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Child victim’s credible identification, corroborated by medical evidence, upheld conviction despite procedural lapses.
* Criminal law – Unnatural offence – Identification by child witness – credibility of child and corroboration by medical evidence. * Evidence Act s.127(2) and s.127(6) – non-compliance with voir dire not fatal if child testimony is credible. * Evidence – absence of cautioned statement and non-production of non-material witnesses does not necessarily render prosecution case unsafe. * Procedure – appellate re-evaluation of defence when trial court failed to analyze it.
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28 November 2024 |
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Respondent's acquittal for statutory rape upheld due to unreliable and inconsistent complainant testimony.
* Criminal law – Statutory rape (s.130(2)(e) Penal Code) – elements: penetration, age, identity of perpetrator.
* Evidence – Complainant credibility – inconsistencies on arrival, date and manner of threats; lack of crime-scene particulars.
* Burden of proof – prosecution must exclude reasonable doubt; benefit of doubt to accused.
* Appellate review – first appeal as rehearing; duty to critically re-evaluate evidence.
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28 November 2024 |
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The applicant was granted extension to file a reference after delay caused by awaiting proceedings and technical delay.
Law of Limitation Act s14 – court’s discretion to extend time; ss19(4) & (5) – exclusion of time for obtaining proceedings; technical delay doctrine – pending prior reference; requirement to account for each day of delay; Order 7(2) Advocates Remuneration Order – 21-day time limit for reference to High Court.
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26 November 2024 |
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A third party claiming property subject to a matrimonial decree must use objection proceedings in the executing court, not a separate land suit.
* Jurisdiction – Land Disputes vs Matrimonial Courts – conflict where the same landed property is subject of a matrimonial decree and a land suit. * Civil Procedure – Execution – Order XXI Rules 57 and 62 – objection proceedings by third parties to claims against property attached in execution. * Relief – quashing of improperly instituted parallel land proceedings to avoid conflicting decrees.
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26 November 2024 |
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Prisoner’s inter-prison transfer and reliance on prison officers constituted good cause to extend time to lodge an appeal.
Criminal procedure — Extension of time to file appeal — Good cause — Prisoner transfer and reliance on prison officers — Notice of intention to appeal duty of incarcerated appellant.
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26 November 2024 |