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Citation
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Judgment date
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| August 2009 |
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Trial judge wrongly nullified her own judgment; matter remitted for urgent quantification and further hearing.
Civil procedure – functus officio – trial judge cannot nullify her own final judgment; preliminary objection – wrong party/successor company under statutory transfer – ratio versus obiter; Electricity Act transfer date and succession of liabilities; remittal for quantification and further fact-finding; appellate discretion whether to grant consequential orders.
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31 August 2009 |
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Conviction for aggravated robbery upheld on reliable identification; death sentence replaced with life imprisonment.
Criminal law – Aggravated robbery – Identification evidence and corroboration – Appellate re‑evaluation under s.30 – Alibi assessment. Sentencing – Death sentence discretionary – Mitigating factors (restraint, offender's age, time served) justify substitution with life imprisonment.
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27 August 2009 |
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Improper voir dire rendered a child witness’s evidence inadmissible, undermining the murder conviction.
Criminal law – Evidence of child of tender years – Voir dire requirements to determine understanding of oath – Admissibility of child’s sworn testimony – Procedural non-compliance renders child evidence inadmissible – Conviction based on improperly admitted evidence must be quashed; Circumstantial evidence and medical cause of death insufficient alone to identify perpetrator.
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27 August 2009 |
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A lease offer unaccepted and without Minister's consent creates no legal interest enforceable against subsequent bona fide lessees.
Land law – Lease offers – Public land – Requirement for acceptance and Minister's consent for creation of leasehold – Whether unaccepted lease offer creates legal interest – Customary tenure not pleaded nor proved – Dismissal of claim for lack of title or valid interest.
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27 August 2009 |
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A central bank may freeze suspected proceeds accounts without prior hearing; refusal to permit inspection is prima facie evidence of unlicensed operation.
Financial institutions law – Central Bank power to freeze accounts under s.118 Financial Institutions Act – no statutory requirement for prior hearing; Micro‑Finance Deposit‑Taking Institutions Act – right of access to premises and books, refusal as prima facie evidence of unlicensed operation; statutory immunity for Central Bank for acts done in good faith – burden to plead and prove bad faith.
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26 August 2009 |
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Court enforces contractual arbitration clause, rejects late challenges to arbitrator, misconduct and time-limit objections, appeal dismissed.
Arbitration — enforcement of contractual arbitration clauses; court’s power to stay proceedings and order reference; validity of arbitrator’s appointment by professional institute; challenge to arbitration — misconduct, improper procurement, and time limits; waiver and acquiescence by conduct; sufficiency of pleading and proof for bribery allegations.
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25 August 2009 |
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25 August 2009 |
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Applicant granted bail pending appeal where appeal had reasonable prospects and substantial delay risk, subject to cash and surety conditions.
Criminal procedure – bail pending appeal – criteria from Arvind Patel/Cheeye: character, merits of appeal, likelihood of delay, risk of absconding; appellate review of summary dismissal of appeals; conditions for bail pending appeal (cash deposit, surety bond, reporting).
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20 August 2009 |
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Failure to follow mandatory public service disciplinary procedures rendered the appellant's dismissal unlawful and compensable.
Public Service – Disciplinary procedure – Regulation 36 – Requirement of statement of charges, 14-day reply and inquiry committee – Article 42 fair hearing – Wrongful dismissal and compensation (special and general damages).
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20 August 2009 |
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Court upheld convictions based on reliable eyewitness identification and rejected alibi; death sentence affirmed.
Criminal law – Identification evidence – visual recognition at night by known victims – adequacy of light and proximity for correct identification. Criminal law – Defence of alibi – burden of proof and judicial evaluation where prosecution adduces identification. Evidence – minor inconsistencies in witness accounts (duration, source of light) non-fatal where explainable. Sentence – death penalty upheld where grievous bodily harm and breach of trust present.
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18 August 2009 |
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Identification and corroborative evidence upheld; alibi rejected and death sentence for multiple murders affirmed.
Criminal law – murder – identification evidence; familiarity, distance, duration and lighting as factors for identification; corroboration by threats and dying declaration; alibi; death sentence – mitigation.
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17 August 2009 |
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Dying declaration corroborated by medical evidence and the appellant’s admission upheld manslaughter conviction.
Criminal law – Dying declaration – admissibility and reliability where declarant lived for hours after injury – assessment of circumstances of statement. Criminal law – Causation and evidence – post-mortem findings corroborating assault versus accidental injury. Evidence – Corroboration by accused’s admission to victim’s relative; absence of eyewitnesses explained by circumstances.
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17 August 2009 |
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Conviction for defilement upheld where child’s account, eyewitnesses and medical report proved penetration beyond reasonable doubt.
Criminal law – Defilement – Whether penetrative sexual intercourse was proved beyond reasonable doubt – Corroboration of child’s testimony by eyewitnesses and medical evidence – Identification of accused at scene – Sentence review.
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12 August 2009 |
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Eyewitness identification by known victims at close range upheld; conviction affirmed and death sentence commuted to life imprisonment.
Criminal law – Identification evidence – Recognition at close range by known victims using torchlight – sufficiency to support conviction; Criminal procedure – Appellate duty to re-appraise trial evidence and credibility findings; Sentencing – Death sentence excessive; commutation to life imprisonment appropriate given severity of injuries.
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6 August 2009 |
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Whether an improperly admitted confession vitiates a murder conviction where independent eyewitness and circumstantial evidence proves guilt.
Criminal law — Confession — Admissibility of charge and caution statement — Duty of trial judge to inquire from accused personally when counsel does not object — unexplained delay in recording statement; Evidence — Circumstantial and eyewitness evidence — identification of decomposed body; discovery of weapon; corroborative inconsistencies; Sentencing — death penalty upheld for brutal, planned murder.
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6 August 2009 |
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5 August 2009 |
