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Citation
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Judgment date
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| March 2014 |
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Consent appellate settlement and ensuing execution were set aside where the consent order and sale were unlawful and tainted by fraud.
Execution and sale — consent judgment on appeal — appellate courts will not reverse lower court by consent; illegally extracted decree — nullity; execution against property not registered in judgment debtor’s name — invalid warrant; failure to follow Section 48 CPA procedures; sale in execution tainted by illegality/fraud — purchaser not bona fide; registrar ordered to cancel transfer and reinstate original proprietor.
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27 March 2014 |
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Article 23(8) requires proof of lawful pre‑trial custody before sentence reduction; bare counsel assertions do not suffice.
Constitutional law – Article 23(8) – duty to take pre‑trial lawful custody into account when sentencing; onus on appellant to prove remand; unsworn counsel assertion insufficient.
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26 March 2014 |
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Proceeding with sentencing in accused’s counsel’s absence was not prejudicial; 14-year sentence for armed robbery with injury was upheld.
Criminal law – Robbery with a deadly weapon – Sentencing – Right to legal representation at sentencing (Article 28(3)(e)) – Appellate interference only where trial court acted on wrong principles, overlooked material facts, or sentence is manifestly excessive.
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25 March 2014 |
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Whether a lease consent clause limits court-ordered sale and whether purchaser was bona fide amid alleged fraudulent sale irregularities.
Land law – sale in execution – court's power to attach and sell – effect of lease covenant requiring lessor's consent to assignment. Property transfer – bona fide purchaser for value without notice – sale irregularities, conflicting sale dates and prices, and bailiff returns as indicia of fraud. Appellate review – re-appraisal of evidence on first appeal and corrective orders setting aside tainted transfers.
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25 March 2014 |
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Article 23(8) requires courts to consider remand custody when sentencing but does not mandate arithmetic subtraction of that period.
Constitutional law – Article 23(8) – sentencing – requirement to take into account pre-conviction custody – does not mandate arithmetic subtraction of remand period. Criminal procedure – sentencing – guilty plea and mitigation – consideration of remand period as a factor in sentencing. Appeal – legality of sentence – upholding trial court sentence when remand period has been considered.
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24 March 2014 |
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A first appellate court must have the trial record to re-evaluate evidence; proceeding without it renders its judgment void.
Civil procedure – Appeal procedure – Duty of first appellate court to rehear and re-evaluate evidence – necessity of trial court record. Procedural fairness – Right to a fair hearing – availability of necessary records for appeal. Appellate jurisdiction – Second appellate court’s limited role regarding factual findings – interference where first appeal void. Validity of judgments – Judgment void ab initio where appeal proceeded without necessary record.
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20 March 2014 |
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A cogent victim testimony and unchallenged admissions can sustain a sexual-offence conviction without medical corroboration.
Criminal law – Sexual offences – Corroboration not an absolute requirement; conviction may rest on cogent victim evidence; medical evidence advisory; unchallenged admissions as corroboration; appellate re-appraisal of evidence.
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18 March 2014 |
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Entry of judgment at scheduling without hearing violated the applicant's right to fair hearing; retrial ordered.
Civil procedure — scheduling conference vs hearing; Judgment on admission — requires unequivocal admission and judicial discretion; Fair hearing — Article 28(1) violated where judgment entered without hearing; Counterclaim — cannot be ignored as a separate cause of action.
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14 March 2014 |
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Applicant's attempt to revive a settled land dispute via constitutional petition held res judicata, frivolous; injunction dismissed with costs.
Constitutional law – jurisdiction of Constitutional Court – requirement that petition show on its face a question of constitutional interpretation. Civil procedure – interim injunction – necessity of prima facie case, irreparable harm and balance of convenience. Res judicata – finality of High Court, Court of Appeal and Supreme Court decisions on land title and fraud findings. Separation of powers – limits of presidential letters/advice and non-ability to overturn judicial determinations. Abuse of process – frivolous and vexatious constitutional claims seeking to circumvent final judgments.
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12 March 2014 |
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Whether failure to serve statutory notice barred the applicant's suit against the respondent and entitlement to statutory retrenchment benefits.
Constitutional law — construction of existing law (Art. 274) and equality before the law (Art. 20) — statutory notice requirement under Section 2 Civil Procedure & Limitations Act not a mandatory bar; Civil procedure — service — City Advocate as agent of Town Clerk; Evidence — burden to prove service on balance of probabilities; Employment law — Local Government Act Section 62(2) retrenchment benefits prevail over conflicting subsidiary staff regulations; Appellate practice — duty to re‑appraise evidence and remit for determination on merits.
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4 March 2014 |
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A substantive stay pending appeal was granted to prevent removal of 832 pieces of ivory and protect related criminal proceedings.
Judicature Act s.12 – stay of execution – single Justice may grant substantive stay pending appeal; special circumstances where subject matter (ivory) may be removed and is an exhibit in criminal proceedings; applicant’s statutory legal interest suffices despite no pecuniary interest.
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3 March 2014 |
| February 2014 |
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Appellant’s conviction upheld: recognition identification and medical corroboration outweighed minor inconsistencies in witnesses' accounts.
Criminal law – Defilement – Identification by recognition – Quality of identification assessed by proximity, lighting, familiarity, multiplicity of witnesses and duration at scene. Evidence – Visual identification – Need for caution but conviction may stand where circumstances support reliable recognition. Evidence – Contradictions in prosecution witnesses – Distinguishing minor inconsistencies from material contradictions; medical report as corroboration.
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27 February 2014 |
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Suit by former employees dismissed as time-barred; part payment revived limitation only to May 1990; negotiations not tolling limitation.
Limitation of actions – disability and tolling – part payment revives claim for limited period; negotiations/correspondence do not constitute disability; acknowledgement must be pleaded and clear.
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26 February 2014 |
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Advocates entitled to full instruction fees upon receipt of instructions, irrespective of execution or client withdrawal.
Legal fee entitlement – advocate fees – statutory interpretation – contractual withdrawal and refund rules.
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25 February 2014 |
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A second appellate court re‑evaluated the evidence and held the father's allocation was an inter vivos gift, making the later sale void.
Civil appeal – second appellate review of evidence – scope and power to re‑evaluate where first appellate court failed; Property law – inter vivos gift v. bequest – interpretation of documentary language in context; Transfer of land – validity of subsequent sale where prior gift vested ownership; Restitution – purchaser’s remedy against vendor for refund where purchase conveys no title.
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25 February 2014 |
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Tribunal lacked jurisdiction where summons were not served within prescribed time and no extension was sought; substituted publication service was ineffective.
Civil procedure – service of summons – Order 5 Rule 2 CPR – failure to effect service within 21 days and no extension application – suit should be dismissed; substituted service by publication may be deemed but is ineffective if it does not bring proceedings to defendant’s notice; ex parte judgment obtained without compliance with mandatory service provisions is a nullity.
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25 February 2014 |
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Res judicata requires production of a valid signed judgment; unsigned documents and oral evidence cannot establish it.
Civil procedure – res judicata – requirement of production of a valid signed judgment and record; inadmissibility of unsigned/uncertified judgment and oral evidence to establish res judicata; tort – trespass may be continuing, giving rise to fresh causes of action; scope of second appeal limited to points of law or misapplication of principle.
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21 February 2014 |
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Res judicata is a jurisdictional bar requiring production of a valid signed judgment; continuing trespass can constitute fresh causes of action.
Civil procedure – res judicata (S.7 Civil Procedure Act) – jurisdictional bar not waivable; proof of res judicata requires valid signed judgment and record; unsigned purported judgment and oral evidence cannot establish res judicata – Tort – continuing trespass gives rise to fresh causes of action – Second appeal – limited re‑evaluation of facts.
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21 February 2014 |
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A non-party who obeys a valid High Court release order cannot be committed for contempt of unrelated stay orders.
Contempt – whether non-parties can be committed for contempt of orders not directed to them; Specification of property in stay orders; Detachable fittings versus vehicle for attachment purposes; Proper procedure to challenge a release order (set-aside before committal); Limits on Registrar’s powers and improper disciplinary referrals.
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20 February 2014 |
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Court upheld land ownership based on gift inter vivos, dismissing appeal with cost variations.
Land law - trespass - ownership claims through gift inter vivos – admissibility of evidence – proper application of civil standard of proof.
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18 February 2014 |
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The appellate court upheld the decision that sufficient evidence supported the respondent's ownership of disputed land.
Land law – Gift inter vivos – Evaluation of evidence – Standard of proof in civil cases – General damages and mesne profits awards – Appellate court's discretion.
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18 February 2014 |
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An out-of-time appeal and defective service led to striking out the Notice of Appeal and appeal for non-compliance with appellate rules.
Appellate procedure – Notice of Appeal – filing and service requirements; duty of High Court Registrar under Rule 77; time for filing Record of Appeal; Rule 83(2) exclusion for preparation time; requirement for application to extend time under Rule 2(2).
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5 February 2014 |
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Appeal allowed: letter to third parties was libellous; justification and fair‑comment defences failed; damages awarded.
Defamation – libel by letter – publication to third parties – meaning of words in their natural and ordinary sense – defences of justification and fair comment require proof of substantive truth and public interest – malice negates fair comment – damages and interest awarded.
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1 February 2014 |
| January 2014 |
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Conviction for defilement upheld on a voluntary confession corroborated by medical and witness evidence; 17-year sentence affirmed.
Criminal law – Defilement – proof of identity; Confession – admissibility and trial-within-a-trial; Corroboration – medical evidence and witnesses; Victim non-attendance – admissibility of out-of-court statements; Sentencing – appellate interference only for wrong principle or manifest excessiveness.
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22 January 2014 |
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Whether the trial Judge rightly convicted of manslaughter and lawfully imposed consecutive sentences, affirmed on appeal.
Criminal law – Murder v manslaughter – identification evidence and ammunition issue; burden of proof; appellate reappraisal of evidence (Rule 30); pleading requirements on appeal (Rule 86); sentencing discretion – concurrent v consecutive sentences – Trial on Indictments Act s.2; appellate interference only where sentence is manifestly excessive or wrong in principle.
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22 January 2014 |
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Appellant’s dismissal upheld: he was heard, made admissions, procedural defects not pleaded or proved, appeal dismissed.
Employment law – disciplinary proceedings – dismissal after disciplinary inquiry; Administrative law – compliance with Public Service (Commission) Regulations (Reg.36) – particulars and written defence; Evidence – admissions at disciplinary hearing; Civil procedure – failure to plead factual issues and improper grounds of appeal (Rule 66(2)).
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15 January 2014 |
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7 January 2014 |
