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Citation
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Judgment date
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| December 2007 |
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Conviction for theft upheld on recent possession and credible witness testimony despite no direct eyewitness evidence.
* Criminal law – Theft – conviction based on circumstantial evidence and recent possession. * Sale of stolen property – post-offence admission and transaction as proof of involvement. * Credibility of prosecution witnesses – sufficiency to uphold conviction. * Sentencing – application of Minimum Sentence Act (five years).
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14 December 2007 |
| August 2007 |
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A suit founded on a defective legal aid certificate and without payment or remission of court fees is a nullity.
* Court Fees Rules (1964) – Rule 8(5) – exemption from court fees for beneficiaries of specified legal aid schemes; validity and formal requirements of legal aid certificates.
* Civil procedure – filing in forma pauperis – defective or wrongly-cited legal aid certificates – incurable procedural defect rendering suit a nullity.
* Government Proceedings Act – joinder of Attorney General – distinction between suing a government officer in personal capacity and suing the Government as such.
* Public officers – torts committed in course of official duty – employer (Government) vicarious liability distinct from servant’s personal liability.
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23 August 2007 |
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Delay in filing appeals not excused; guilty plea bars appeal against conviction, so application dismissed.
Criminal procedure – extension of time to lodge notice of appeal and petition – sufficiency of reasons for delay; conviction on plea of guilty – appeal barred against conviction under section 360(1), only sentence challenge permitted; need for supporting evidence for alleged procedural impediments (e.g., defective prison typewriter).
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10 August 2007 |
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Applicants' delay not excused; guilty pleas bar appeals against conviction, so application for extension dismissed.
Criminal procedure — extension of time to file notice and petition of appeal — good cause required — alleged prison administrative delay and late supply of proceedings — corroboration of delay — guilty plea limits appeals to sentence (s.360(1) Criminal Procedure Act).
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10 August 2007 |
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Failure to notify a party of a District Court appeal breaches the right to be heard; trial de novo ordered for jurisdictional error.
Appeal from Primary Court — right to be heard at District Court appeals; jurisdictional error where Primary Court tries offence triable only by higher courts (stealing by agent); appropriate remedy is hearing de novo under s.21(1)(c) Magistrates' Courts Act.
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1 August 2007 |
| July 2007 |
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23 July 2007 |
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Appeal dismissed: convictions upheld based on victim identification, recent possession, and voluntary cautioned statements.
Criminal law – Burglary and theft – proof of breaking and stealing; identification and recent possession doctrine; admissibility and voluntariness of cautioned statements; non-production of alleged weapons not fatal where charge is burglary/theft; Sungusungu evidence admissible; absence of identification parade not necessarily fatal.
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9 July 2007 |
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4 July 2007 |
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Leave to appeal refused: matrimonial disputes were factual matters, not certifiable points of law.
* Appellate procedure – section 5(2)(c) Appellate Jurisdiction Act – High Court certificate required where point of law is involved to appeal from magistrates' matters.
* Family law – division of matrimonial property – courts’ discretion under Law of Marriage Act ss.108 and 114.
* Matrimonial property v private claims – inclusion of private debts in matrimonial causes depends on facts and evidence.
* Right to occupy matrimonial home after divorce – fact-specific, not automatically a point of law.
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4 July 2007 |
| June 2007 |
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Conviction quashed where identity, property linkage and a recorded confession were not properly established.
Criminal law – obtaining goods by false pretences – identification of accused – proof of property ownership – reliance on unrecorded admissions – adequacy of prosecution evidence; contradictions in witness statements and absence of police investigation undermine conviction.
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25 June 2007 |
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Conviction quashed where prosecution evidence was unreliable and independent witnesses were not called.
* Criminal law – unlawful possession of offensive instrument – adequacy of prosecution evidence and identification of exhibit
* Evidence – discrepancies in witness statements – distinguishing trifling inconsistencies from material contradictions
* Evidence – duty and prudence to call independent witnesses (e.g. bystanders, informants) to corroborate possession
* Criminal procedure – appellant’s right to call witnesses; appellate court’s power to reassess credibility and facts in proper cases
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11 June 2007 |
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Conviction quashed where identification was unreliable, no identification parade conducted, and prosecution evidence was inadequate.
Criminal law – Identification evidence – Delay in giving description and identification after arrest – Identification parade – Cautioned/confessional statements – Failure to call purchaser of recovered property – Standard of proof; conviction unsafe where identification and corroboration are deficient.
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1 June 2007 |
| May 2007 |
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High Court lacks jurisdiction to grant bail pending committal and before DPP compliance with section 245(6) CPA.
* Criminal procedure – Bail pending trial – High Court jurisdiction – Preliminary inquiry/committal pending – application premature. * Statutory requirement – Section 245(6) Criminal Procedure Act 1985 – DPP compliance as precondition to High Court bail jurisdiction. * Procedural competence – Applications struck out where lodged prematurely.
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31 May 2007 |
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High Court lacks jurisdiction to hear bail pending trial applications before committal completion and s.245(6) CPA compliance.
* Criminal procedure – Bail pending trial – Prematurity of application where preliminary inquiry/committal proceedings are incomplete.
* Jurisdiction – High Court’s jurisdiction in committal matters arises only after DPP complies with s.245(6) Criminal Procedure Act, 1985.
* Procedure – Applications made to the High Court before committal completion are incompetent and liable to be struck out.
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31 May 2007 |
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Recent possession of stolen goods and correct application of amendment law upheld conviction and sentence.
Criminal law — recent possession of stolen property; burden to explain possession; sufficiency of prosecution evidence for burglary and stealing; sentencing — effect of Miscellaneous Amendment Act No. 9 of 2002 and GN.312/2004 on Minimum Sentence Act.
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25 May 2007 |
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Dying declaration, confessions and post‑mortem proved culpability, but circumstances reduced conviction to manslaughter.
Criminal law – manslaughter vs murder; dying declaration admissibility; cautioned and extra‑judicial confessions; corroboration of repudiated confession; alibi credibility; post‑mortem evidence; sentencing and mitigation.
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11 May 2007 |
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Nighttime visual ID and an uncorroborated dying statement were insufficient to prove murder beyond reasonable doubt.
Criminal law – visual identification at night – Waziri Aman principles; Alibi – statutory notice under s.194 Criminal Procedure Act; Dying declaration – admissibility and need for corroboration; Circumstantial evidence – must exclude reasonable alternatives before conviction.
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10 May 2007 |
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Conviction quashed for inadequate identification and procedural irregularity after evidence was taken in accused's absence.
* Criminal law – Robbery – identification of accused – requirement for detailed description and favourable identification conditions.
* Evidence – inconsistencies and contradictions in prosecution witnesses undermining credibility.
* Criminal procedure – sections 226 and 158 – evidence recorded in accused's absence; duty to read over evidence and inform accused of right to recall witnesses on reappearance.
* Procedural irregularity vitiating conviction where accused deprived of opportunity to hear and meet prosecution case.
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4 May 2007 |
| April 2007 |
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Prison authorities’ failure to file a prisoner’s notice excuses delay; statutory notice must precede lodging a petition.
* Criminal procedure – Appeal – Notice of intention to appeal – Prisoner gave notice to prison authorities but officials failed to file it – delay attributable to prison authorities. * Criminal procedure – Appeals – Requirement under s.361(1)(a) and (b) – notice of intention to appeal must precede lodging of petition; cannot do step two before step one. * Relief – Leave to file notice and petition out of time where prison authorities’ negligence caused delay.
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10 April 2007 |
| March 2007 |
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Possession of recently stolen property raises a presumption of guilt absent a reasonable, supported explanation.
* Criminal law – Theft and housebreaking – Doctrine of recent possession – finding stolen property in accused’s house shortly after theft raises presumption of guilt unless reasonably explained. * Criminal procedure – Duplicity in charge sheet – defect may not vitiate conviction if accused not prejudiced. * Evidence – Failure to call named witnesses weakens defence explanation. * Evidence – Alleged witness intimidation must be on record to affect safety of conviction.
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30 March 2007 |
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Convictions quashed due to unreliable evidence, unexplained PF.3s and procedural unfairness.
Criminal law — Rape — Credibility of child witnesses; medical evidence (PF.3) — provenance and chain of reporting; duty to call relevant witnesses (Village Executive Officer); trial fairness — failure to ensure defence witnesses' attendance; delay in arrest affecting prosecution case.
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30 March 2007 |
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Conviction for rape of a six‑year‑old quashed due to inconsistent witness accounts and procedural failures concerning the medical report.
* Criminal law – rape of a child – credibility of child and family witnesses – inconsistencies and omissions rendering conviction unsafe; * Evidentiary procedure – medical report (PF.3) – failure to call doctor and non‑compliance with s.240(3) CPA; * Prosecution duty – calling independent witnesses; * Sentencing – application of s.131(3) where victim under ten years.
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28 March 2007 |
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Conviction quashed for unsafe identification, improperly admitted caution statement, and defective identification of exhibits.
Criminal law – identification evidence at night – need for particulars and lighting conditions; Criminal procedure – trial-within-trial required where accused objects to admissibility/voluntariness of recorded statement; Evidence – proper procedure for identification of stolen property before tendering exhibits (describe items and distinguishing features); Doctrine of recent possession not available absent proper identification; Accused’s right to be given opportunity to call evidence and make defence must appear on record.
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16 March 2007 |
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Possession of firearm without licence upheld; cheating conviction quashed for lack of evidence.
* Arms and Ammunition Act 1991 – possession of firearm without licence – proof of unlawful possession. * Charge-sheet irregularity – citation of repealed Ordinance – not fatal where particulars identify correct statutory offence. * Criminal law – cheating (s.304 Penal Code) – requires proof of fraudulent trick or device; insufficient evidence. * Evidence – single witness convictions permissible absent special caution (e.g., sexual offences). * Sentencing – appellate restraint; sentence within statutory limits not interfered with.
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15 March 2007 |
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Appellate court upholds indecent assault conviction, rejects late alibi and unlawful substitution to attempted rape.
Criminal law — indecent assault — witness credibility and corroboration; alibi raised on appeal — inadmissible as new ground; prohibited substitution of conviction to a more serious offence on appeal; appellate deference to trial judge’s demeanour findings; procedural compliance with s.192 CPA and Accelerated Trial Rules.
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9 March 2007 |
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Conviction quashed where voir dire omitted, child evidence inconsistent and medical report unexplained; accused's right to summon doctor breached.
Evidence Act s127(2) – voir dire for child witnesses; s127(7) – reception of uncorroborated child evidence in sexual offence cases; Criminal Procedure Act s240(3) – right to require medical examiner to be summoned; credibility and consistency of child testimony; PF.3 medical report and its evidential value; hearsay versus corroboration.
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9 March 2007 |
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Convictions quashed where night‑time single‑witness ID and improper identification of recovered property made the evidence unsafe.
* Criminal law – Identification evidence – single witness identification at night by torchlight – approach with caution; potentially unreliable.
* Criminal law – Recovery of stolen property – proper procedure requires description of item in court before production for identification (Nassoro Mohamed v R).
* Criminal procedure – Right to cross‑examine and calling of defence witnesses – absence on record may not always amount to miscarriage of justice.
* Appeal – Conviction unsafe where both personal and property identification are unreliable or improperly proved.
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9 March 2007 |
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Conviction for attempted rape quashed for lack of overt acts demonstrating attempt and unproven victim age.
Criminal law – Attempted rape – requirements for attempt under s.132(2) Penal Code; necessity of overt act beyond preparation; proof of victim’s age where age is element of offence; insufficiency of evidence and setting aside of conviction and sentence.
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9 March 2007 |
| February 2007 |
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Ignorance of the law is not good cause to extend time to appeal; extension application dismissed.
Criminal Procedure Act s361(1) and (2) — statutory appeal time limits — extension for "good cause" — ignorance of law not sufficient reason; non-fatality of erroneous citation of non-existent provision; requirement to show sufficient reasons (and ordinarily prospects of success) for out-of-time appeal.
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21 February 2007 |
| January 2007 |
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Court granted extension to file appeal documents despite unexplained delay, to preserve convict's right to appeal.
* Criminal procedure – Extension of time – Leave to file Notice of Appeal and petition out of time – Delay allegedly caused by prison authorities/non-payment of court fees – Lack of documentary proof – Court grants extension in interest of access to appeal for a convict facing severe sentence.
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24 January 2007 |
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Appeal allowed where the applicant’s conviction rested on a complainant’s testimony contradicted by medical evidence.
Criminal law – Rape – Sufficiency of evidence – Child complainant’s testimony contradicted by medical report – Credibility – Conviction on alternative lesser offence not permissible where primary evidence is discredited.
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23 January 2007 |
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Application for stay dismissed because the judgment concerning property of an unadministered deceased estate was not executable.
Stay of execution; Primary Court appeals; mis-citation of procedural provision not fatal absent prejudice; executability of judgment affecting property of deceased estate; necessity of appointment of administrator; nullity of proceedings in absence of administration.
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11 January 2007 |