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Citation
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Judgment date
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| May 2016 |
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1st appellant's theft conviction quashed for insufficient proof; 2nd appellant's neglect conviction and compensation upheld.
Criminal law – proof beyond reasonable doubt – insufficiency of suspicious or purely circumstantial evidence to sustain conviction; Neglect to prevent commission of offence – custodianship and conduct placing property in insecure location can ground inference of knowledge under Evidence Act (ss.122, 13(a)); Appeal – quashing conviction where prosecution fails to link accused by cogent evidence.
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13 May 2016 |
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Applicant failed to prove sufficient reasons for non-appearance; application to set aside dismissal dismissed with costs.
Civil procedure — Order IX Rule 9(1) — Setting aside dismissal for non-prosecution; Evidence — documentary evidence — primary vs secondary evidence (Evidence Act ss. 66, 67, 110) — requirement to tender and admit annexures as exhibits; affidavits and proof from substitute counsel.
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12 May 2016 |
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Conviction quashed where stolen items were not properly identified and key arresting witnesses and a recorded confession were absent.
Criminal law – sufficiency of identification of stolen property; recent possession and flight; requirement to call arresting witnesses and informants; inadmissibility/unreliability of unrecorded confession; standard of proof beyond reasonable doubt.
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11 May 2016 |
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Appellant’s armed robbery conviction upheld by recent-possession proof; conspiracy conviction quashed due to insufficient evidence.
Criminal procedure – curable defects in appeal documents under section 388 CPA; Evidence – cautioned statement inadmissible where accused’s name incorrect; Evidence – doctrine of recent possession; Conviction for conspiracy requires independent supporting evidence.
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9 May 2016 |
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Conviction quashed where trial omitted proper voire dire for a 10‑year‑old, visual ID and medical evidence were insufficient, and key witnesses were not called.
Evidence Act s127 — voir dire and competency of child witnesses; visual identification at night — reliability and lighting conditions; PF3/medical evidence — cannot alone identify perpetrator; non‑calling of neighbours/arrest witnesses — adverse inference; procedural errors (wrong court title) curable under Criminal Procedure Act s388.
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4 May 2016 |
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Conviction for obtaining goods by false pretences quashed for failure to prove mens rea, sale and value beyond reasonable doubt.
Criminal law – Obtaining goods by false pretences (s.302 Penal Code) – burden of proof beyond reasonable doubt – appellate interference with concurrent findings where misapprehension of evidence – absence of documentary evidence, valuation report or purchaser’s witness – mens rea not established – compensation award unsupported.
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4 May 2016 |
| April 2016 |
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Non-joinder raised on appeal does not invalidate proceedings where appellant failed to prove ownership and vendor was deceased.
Land law – title dispute – burden of proof – failure to tender sale agreement; Civil procedure – non-joinder of party – Order 1 Rule 9/Rule 13 CPC – objection must be raised at trial; Third party deceased – non-joinder not fatal when not timely raised; Evidence – probative value of residential licences (Exhibit D1).
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28 April 2016 |
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Court upheld convictions for rape and unnatural offence based on credible child testimony and corroborative medical evidence.
Criminal law – sexual offences – conviction based on child complainant's testimony and medical evidence – victim’s testimony sufficient under s.127(7) Evidence Act. Evidence – competency of child witnesses – proper voire dire and admissibility. Evidence – failure to call a witness – prosecutorial discretion; no adverse inference where remaining evidence is cogent (s.143 Evidence Act). Criminal procedure – typographical error in charge sheet curable under s.388 Criminal Procedure Act. Defence – alibi properly considered; failure to raise reasonable doubt.
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25 April 2016 |
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Improper composition of a Ward Tribunal (insufficient female members) renders its proceedings a nullity and requires a retrial.
Ward Tribunal composition – statutory requirement of three female members – mandatory meaning of "shall" – improper constitution renders proceedings a nullity – omission to record chairperson/secretary – retrial de novo – quashing of appellate decision that upheld nullity.
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21 April 2016 |
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Extension denied for unexplained ten-month delay and failure to comply with third-party notice requirements.
Civil procedure – Extension of time – applicant must show sufficient reasons for delay under Law of Limitation Act s.14(1). Civil procedure – Third party notice (Order I Rules 14–16 CPC) – service obliges party to file written statement of defence. Evidence – Original documents – inadmissibility of non-original letter under section 67 Evidence Act. Procedural compliance – counter-affidavit does not substitute for required written statement of defence; rules not relaxed for laypersons.
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21 April 2016 |
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21 April 2016 |
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Unproven excuses and waiting for a judgment copy do not justify extending the statutory 45‑day appeal period.
Land law – Appeal time limits – Application for extension of time – Section 20(1) Land Disputes Courts Act (Cap. 216 R.E. 2002) – Waiting for judgment copy not sufficient cause – Burden to prove good cause – Procedural rules apply strictly even to laypersons.
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19 April 2016 |
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Conviction quashed for insufficient identification and adverse inference from prosecution’s failure to call police or tender photographs.
Criminal law – Burden of proof – Prosecution must prove guilt beyond reasonable doubt; Identification evidence – Positive identification requires distinctive marks or clear nexus to exhibit; Failure to call key prosecution witness (police officer) and to tender photographs may justify adverse inference and weaken prosecution case; Procedural compliance – Sections 235 and 312(2) CPA satisfied in this case.
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18 April 2016 |
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Failure to ascertain land value and improper ward tribunal coram rendered proceedings null; matter remitted for retrial, no costs.
Land disputes — Jurisdiction — failure to ascertain value of land — omission renders proceedings a nullity; Ward Tribunal composition — s.11 Land Disputes Courts Act — requirement of not less than four members and at least three women on coram; Procedural irregularity — defective coram and jurisdictional omission necessitate nullification and remittal for retrial; Costs — no order where matter undetermined on merits.
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12 April 2016 |
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Voir dire was proper; conviction upheld and 30-year term replaced by mandatory life imprisonment for rape of a child under ten.
Criminal law – Rape of a child under ten – admissibility and sufficiency of child complainant’s evidence after voir dire; failure to cross-examine; mandatory life sentence under Penal Code s.131(3).
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11 April 2016 |
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Eyewitness identification and post‑mortem skull injury established guilt despite the accused's unproven alibi.
Criminal law – Murder – Eyewitness identification – Corroboration by post‑mortem skull base injury – Unproven alibi – Malice aforethought inferred from weapon, force, number of blows, utterances and flight.
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5 April 2016 |
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Convictions quashed where charge cited non-existent provisions and prosecution evidence contained fatal contradictions.
Criminal law – defective charge – citation of non-existent provisions – incurable defect rendering proceedings a nullity.* Criminal procedure – curability under section 388(1) CPA – defect affecting fair trial not curable.* Evidence – circumstantial evidence and contradictions (time, place, description) – failure to prove beyond reasonable doubt.* Sentencing – requirement to specify statutory basis for sentence (section 312).
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4 April 2016 |
| March 2016 |
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Cautioned statement expunged for timing defects, but eyewitness testimony and failure to cross-examine sustain conviction for stealing.
Criminal procedure – admissibility of cautioned statement – compliance with sections 50 and 51 Criminal Procedure Act – timing of arrest and recording of statement. Evidence – sufficiency of circumstantial and eyewitness evidence after expungement of cautioned statement. Evidence – failure to cross-examine witness estops party from disputing testimony.
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30 March 2016 |
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Conviction quashed where contradictory identification, place/time inconsistencies and motive created reasonable doubt.
Criminal law – identification evidence – contradictions in eyewitness testimony on number of perpetrators, place and time – reliability of identification – effect of pre-existing land dispute as motive – prosecution must prove guilt beyond reasonable doubt.
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29 March 2016 |
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Late-tendered election results form improperly admitted and expunged; appellant failed to prove first announcement, appeal dismissed with costs.
Election law — Admissibility of late-tendered documentary evidence — Order XIII Rules 1 & 2 (Civil Procedure Code) — need for sufficient reasons for non-production at first hearing. Civil procedure — Specific procedural rules prevail over general discretion (s.68) — court cannot bypass Order XIII by invoking general powers. Evidence — Hearsay and inadmissible CD evidence — requirement for documentary proof to support election irregularity claims. Election petitions — standard of proof for annulment — proof beyond reasonable doubt.
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24 March 2016 |
| February 2016 |
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Unreliable night identification and absent medical evidence led the court to quash the grievous harm conviction.
Criminal law – visual identification at night – torchlight unreliable; failure to tender PF3 or call attending doctor – adverse inference; prior threats insufficient corroboration.
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29 February 2016 |
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Whether a district delegate’s probate appointment is invalid if the estate’s value likely exceeds the statutory jurisdictional limit.
Probate law — Jurisdiction of District Delegate — Monetary threshold under section 5(2)(b) — Effect of later discovery that estate value exceeds limit — Protection under section 5(3) — Raising jurisdictional objections on appeal.
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25 February 2016 |
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The applicant established a prima facie stealing-by-agent case; the respondent’s discharge was quashed and the matter remitted for defence.
Criminal law – stealing by agent – s.273(b) Penal Code – sufficiency of prosecution evidence at close of case – s.230 Criminal Procedure Act (no case to answer) – remittal under s.231 to call accused to defend.
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24 February 2016 |
| January 2016 |
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An injunction application was struck out for improper citation of Order XXXVII sub‑rule, rendering it incompetent.
Civil Procedure – Temporary injunction – Order XXXVII rule 1(a)/(b) – Proper citation required; incorrect or non‑citation renders application incompetent. Civil Procedure – Section 95 (inherent powers) – cannot cure fundamental procedural defects. Judicial practice – competence may be raised and decided suo motu.
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23 January 2016 |