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Citation
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Judgment date
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| February 2026 |
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A charge alleging 'trafficking' must specify the mode of trafficking; omission renders the trial nullity and conviction quashed.
Criminal procedure – Particulars of charge – Section 135 CPA – Requirement to specify mode of 'trafficking' under Drug Control and Enforcement Act – Omission renders charge incurably defective and trial a nullity – No retrial where charge non-existent.
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6 February 2026 |
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Conviction for rape quashed where prosecution failed to prove the date of the alleged offence beyond reasonable doubt.
Criminal law — Rape — Burden of proof beyond reasonable doubt — Essential to prove date/period of alleged offence — Uncertainty or variance in dates requires amendment of charge; failure is fatal — Best evidence from prosecutrix — Conviction quashed where date not proved.
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6 February 2026 |
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Fresh extension application struck out for abuse of process and a false affidavit after a prior court-granted extension.
Criminal procedure — Extension of time to file appeal — Compliance with court orders — Abuse of court process — False affidavit — Affidavit tainted with untruths is incurably defective — Application struck out as incompetent.
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6 February 2026 |
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Appeal dismissed; convictions and mandatory sentences for drug trafficking and possession upheld.
Criminal law – Drug offences – trafficking and possession – admissibility and trustworthiness of Government Chemist report; regulation on sampling amended – presence of accused not required post-amendment; sanctity of court record and right to cross-examine; signing of certificate of seizure as admission of possession; mandatory sentencing.
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6 February 2026 |
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Applicant failed to show good cause for extension of time to file an out‑of‑time petition of appeal.
Criminal procedure — extension of time to file appeal — good cause requirement; must account for each day of delay; unsupported claims of prison transfer, e‑CMS failure or late supply of proceedings; prior extension and non‑compliance may constitute abuse of process.
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6 February 2026 |
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Conviction quashed where a drug-trafficking charge was fatally defective for failing to specify the mode of trafficking.
Criminal procedure – Charge particulars – Section 135 CPA – Drug trafficking definition – Necessity to disclose mode/essential elements of trafficking – Fair trial – Fatally defective charge renders proceedings a nullity – Conviction quashed; immediate release ordered.
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6 February 2026 |
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Appellant's procedural challenges failed; chain of custody and search lawful, trafficking conviction upheld.
Drug trafficking – Chain of custody of exhibits – Certificate of seizure and exhibit register – Seizure receipt not fatal where certificate executed – Caution statement discretionary – Burden of proof and admission by accused.
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5 February 2026 |
| January 2026 |
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Custody set aside for failure to record child’s views and for improperly procured social welfare report; matter remitted with directions.
Family law – divorce and custody – obligation to record independent views of a child (s.125(2)(b) LMA) – mandatory social inquiry report (s.45 LCA) – proper procurement and reception of social welfare reports – access orders must be specific (Rule 76(1)) – removal of child overseas requires prior court leave.
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30 January 2026 |
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Appellate court adjusts division of matrimonial property for inadequate analysis of parties’ contributions, ordering specific percentage shares.
Family law – Division of matrimonial property – Section 114 Law of Marriage Act – assessment of parties’ contributions – appellate interference where lower courts fail to analyze basis for division; orders for apportioned shares, valuation, compensation or sale.
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30 January 2026 |
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A court cannot extend time to revive a judicial review application once the substantive application was dismissed as out of time.
Judicial review — Mandatory timelines — Rule 8(1)(b) G.N. No. 324 of 2024 — Time limits not enlargible — Finality of dismissal of time-barred judicial review — Miscitation of statute technical, not fatal.
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28 January 2026 |
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Failure to prove inheritance and to produce letters of administration rendered the DLHT’s ownership finding unsustainable.
Land law – proof of ownership by inheritance – pleadings must match evidence – burden of proof on balance of probabilities – adequate description of immovable property – locus standi of administrator requires formal production of grant – appellate re-evaluation where tribunal decides a different case.
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27 January 2026 |
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Whether a subordinate court can unilaterally dismiss a prosecution under section 99(a) R.E. 2023.
Criminal procedure – Withdrawal of prosecution – Section 98(a) CPA (now s.99(a) R.E.2023) – Power to withdraw vested in public prosecutor/DPP – subordinate court’s role limited to consenting – unilateral dismissal unlawful; judicial discretion to adjourn or discharge requires inquiry (s.238, s.242(5)); order quashed and matter remitted.
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22 January 2026 |
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Prosecution must prove offence within charged dates; unamended material variance defeats conviction.
Criminal law – burden of proof – prosecution must prove the offence as charged including the date or period alleged; material variance between charge and evidence requires amendment under the Criminal Procedure Act; failure to amend is fatal to prosecution’s case; procedural duty to record acquitted person’s permanent address (s.252(2) CPA).
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20 January 2026 |
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Court upheld identification, seizure and chain of custody, admitted cautioned statement, and dismissed the appeal.
Criminal law — Visual identification — Cautious approach but reliable where circumstances and description eliminate mistaken identity; Seizure procedure — absence of independent witness not always fatal; Chain of custody — necessity of unbroken evidentiary trail; Admissibility of cautioned statement — compliance with statutory interviewing time limits (s.51 CPA) and need for contemporaneous objection; Economic and Organized Crime Control Act — pecuniary loss to specified authority proven by valuation.
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8 January 2026 |
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An election petition based on a false legal-aid claim and unpaid fees was void ab initio and struck out with costs.
Election law – validity of election petition – legal aid exemption – Court Fees Rules and Election Petition Rules – failure to pay fees – fraudulent legal-aid certificate – curability of procedural defects – striking out petition.
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8 January 2026 |