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Citation
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Judgment date
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| October 2015 |
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Appeal for interim stay dismissed; Applicants can raise legal issues in written submissions and post-ruling appeal.
Civil Procedure - Stay of proceedings - Discretion of lower court in allowing submissions - Judicial economy
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30 October 2015 |
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Court allowed post-judgment land-title evidence on appeal, finding it new, credible, relevant and likely dispositive.
Application to adduce additional evidence on appeal – criteria: evidence not available at trial; due diligence to obtain it; relevance, credibility and probable influence on outcome – post-judgment land title cancellation letter admissible; Article 126(2)(e) permits relaxation of technicalities to secure substantive justice.
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28 October 2015 |
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An appeal against dismissal for non-appearance is incompetent without first applying to set aside the dismissal or obtaining leave to appeal.
Civil procedure – dismissal for non-appearance (Order 9 r.22 CPR) – application to set aside dismissal (Order 9 r.23) – appeals not as of right – leave required under Order 44 r.2–3 – application for leave must first be made to the Court which made the order – elevation of trial judge does not oust jurisdiction of other High Court judges to hear reinstatement applications.
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26 October 2015 |
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26 October 2015 |
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Interim stay denied where no imminent execution existed despite a pending appeal and substantive stay application.
Civil procedure – interim stay of execution – Rule 42 requirement to apply first in the High Court; Hwang Sung test for interim stay (substantive application pending and serious threat of execution); lack of imminent execution defeats interim relief.
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26 October 2015 |
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Court refused to strike out an appeal despite timing discrepancies, prioritising substantive justice over technicalities.
Civil procedure – notice of appeal – application to strike out for late service and failure to prosecute – computation of time – exclusion of Christmas vacation (Order 51 r.4 CPR) – certificate of correctness discrepancies – substantive justice (Article 126(1)(e)) – condemned unheard – appellate rights; discretion to refuse strike out.
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23 October 2015 |
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Donor’s conditional donation and fraudulent transfer of donated property defeated; recipients ordered to account, repay and company struck off.
Charitable donations – conditional donations and donor’s retained proprietary rights; fraudulent transfer of donated land; locus standi of donor; burden shifting under s.106 Evidence Act where recipient fails to account; invalid company incorporation – forgery and non-compliance with Companies Act; appointment of trustees to manage land owned for charitable purposes.
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23 October 2015 |
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Court granted a five-month interim injunction halting sale pending determination of the application to extend the prior injunction.
Civil procedure – interim injunction pending substantive application – requirements: substantive application pending and serious threat of execution; sale would render appeal/application nugatory; interim relief may be limited in duration; Registrar directed to urgently fix hearing; costs to abide outcome.
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23 October 2015 |
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Fraudulent procurement of a registered title established by substituted site plan, non‑production of original plan and supporting circumstantial evidence.
* Land law – registered title – fraud in procurement of title – higher standard of proof applicable; substitution of site plan and failure to produce original plan justify adverse inference. * Evidence – non-production of documents – permissible adverse inference where party undertook to produce documents. * Circumstantial evidence – threats and disappearance of official file can support inference of fraudulent scheme.
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23 October 2015 |
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Respondent's fraud claim was timely; purchaser failed to acquire good title from an impostor, so appeal dismissed.
Limitation — accrual of cause of action in fraud cases — discovery rule; Limitation — effect of minority and letters of administration on accrual; Land law — transfer obtained from impostor does not vest good title in purchaser; Evidence — adverse inference where key witnesses (vendor, agent) are not called; Proof of forgery — handwriting evidence and evidential weight.
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22 October 2015 |
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Court granted extension of time and stayed execution pending appeal, finding serious questions on Attorney General’s authority to enter consent judgments.
* Civil procedure – extension of time and leave to appeal – court’s inherent jurisdiction and Rules to prevent abuse of process.
* Civil procedure – stay of execution pending appeal – requirement of serious question to be tried, irreparable harm and balance of convenience.
* Public law – consent judgments – authority of Attorney General to bind a public institution; potential involvement of public funds.
* Procedure – applications made informally under Court of Appeal Rules where special circumstances exist.
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22 October 2015 |
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Application for injunction dismissed as wrongly directed at non-parties and improperly before the Court of Appeal.
Civil procedure – Interim relief – Injunctions – Court of Appeal cannot grant injunctions against non-parties not before the court; proper party and forum required – Right to be heard (audi alteram partem).
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20 October 2015 |
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Surveying with the respondent’s household permission negated trespass; co‑defendants who stayed outside were not liable.
* Tort – Trespass to land – Unauthorized entry versus licence/permission – permission given by occupant’s household negating trespass; * Land law – Surveying and demarcation after purchase – lawful means to ascertain boundaries; * Evidence – weight of witness corroboration on permission; * Appeal – scope of second appeal and re-evaluation of evidence; * Title – possession and completed purchase can suffice where certificate of title not yet registered.
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20 October 2015 |
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Court upheld misuse of joint-venture funds, admissibility of computer print-outs, fraud finding, and interest at 11% on damages.
Evidence – Electronic/computer-generated documents – print-outs may constitute primary evidence if authentic; Joint venture – misuse/diversion of funds – breach and recoverable loss; Accounting disputes – proof of under-declaration and tax treatment; Damages – award of general damages for foreseeable foreign exchange loss where special damages not strictly proved; Lifting corporate veil – personal liability of directing mind where company used for fraud; Interest – discretionary award, 11% p.a. affirmed/awarded.
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16 October 2015 |
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Conviction upheld on identification and corroboration points, but appellant released because he should have been treated and sentenced as a child.
* Criminal law – Rape – Identification – circumstances favouring identification and guidelines for positive identification in poor light.
* Criminal law – Sexual offences – Corroboration of complainant’s evidence not mandatory; historic corroboration rule rejected as discriminatory.
* Children Act – Age inquiry – duty of court to ascertain apparent age and take evidence; doubt as to age resolved in favour of accused.
* Sentencing – Child offender – referral to Family and Children Court and statutory limits on detention for child offenders; release where detention already exceeds statutory maximum.
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16 October 2015 |
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Court set aside High Court orders that altered the appellant's title without hearing, ordering rehearing and reinstatement of title.
Constitutional law – right to fair hearing (Article 28) – orders affecting proprietary rights – error apparent on the face of the record – review – restitution of title – rehearing before another judge – reinstatement of title and caveat – costs.
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7 October 2015 |
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Appellant's alibi and single‑witness challenges failed; conviction and 34‑year sentence for murder upheld.
* Criminal law – Murder – Identification by single witness – special caution but conviction permissible where conditions favourable and witness credible; * Criminal law – Alibi – burden remains on prosecution to disprove beyond reasonable doubt; * Evidence – appellate re‑appraisal of credibility and demeanor; * Sentence – appellate restraint unless sentence manifestly excessive or wrong in principle.
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7 October 2015 |
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Confessions recorded by one officer from multiple suspects are unsafe; reliable identification can sustain conviction; omnibus sentence unlawful.
* Criminal law – confession statements – admissibility – impropriety and unreliability where one police officer records confessions from multiple suspects charged with same offence – statements admissible but no probative value.
* Evidence – visual identification – single identifying witness – conditions for reliable identification (distance, lighting, prior acquaintance) and sufficiency to sustain conviction.
* Sentencing – illegality of omnibus sentence – appellate court power to substitute separate sentences under section 11 Judicature Act; consideration of remand time and mitigation.
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7 October 2015 |
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Prolonged delay in pursuing appeal defeats entitlement to an interim injunction preserving disputed land.
Interim injunctions pending appeal; preservation of right of appeal; dilatory conduct by appellant; delay in filing application for leave to appeal; entitlement to enjoy fruits of decree; costs against unsuccessful interim applicant.
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2 October 2015 |
