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Citation
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Judgment date
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| September 2023 |
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The appellate court rectified a sentencing error, upholding the plea bargain for 15 years imprisonment.
Criminal Procedure - Plea Bargain Agreement - Sentence inconsistency with plea bargain - Recording and conducting plea bargain proceedings.
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6 September 2023 |
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Life imprisonment for brutally murdering a four-year-old was upheld; mitigating factors did not outweigh severe aggravating circumstances.
* Criminal law – Sentencing – Appeal against sentence – appellate scope to interfere only where sentence is manifestly excessive, illegal, or material considerations ignored.
* Sentencing guidelines – need to consider gravity of offence and degree of culpability; murder sentencing range (30 years to death).
* Aggravating factors – parricide of a young child, forceful removal from parent, gruesome manner of killing.
* Mitigating factors – first-time offender and age may be insufficient where aggravation is extreme.
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6 September 2023 |
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Whether a retracted confession recorded in English but made in Luganda was voluntary, corroborated, and whether 30-year sentences were excessive.
Criminal law – Confession – Retraction and voluntariness – Trial within a trial to determine whether charge and caution statement was obtained by threats or torture; Language – statement recorded in English though made in Luganda; reading back and signing suffices where maker indicates understanding; Corroboration – independent evidence (third‑party admissions, native doctor’s account, post‑mortem, flight) can corroborate confession; Common intention – liability where accused participated in joint plan to steal leading to murder; Sentencing – appellate interference only where sentence illegal, manifestly harsh, or wrong in principle; consistency principle and sentencing guidelines guide appropriate range.
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6 September 2023 |
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6 September 2023 |
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Circumstantial evidence collectively supported the murder conviction; alibi rejected, assessors' recording lapses non-fatal, sentence confirmed.
Criminal law – Circumstantial evidence – Principles and requirement to exclude other reasonable hypotheses; Alibi – prosecution must negative alibi by placing accused at scene; Assessors – failure to record presence not fatal absent miscarriage; Sentencing – appellate restraint, 38 years within guideline range for murder.
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4 September 2023 |
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On first appeal, a 37‑year sentence for aggravated defilement by a parent was held not manifestly excessive and is maintained.
Criminal law – Aggravated defilement; sentencing discretion on appeal; appellate interference only for illegality, manifest excess, failure to exercise discretion or error in principle; aggravating factors include parent‑perpetrator, repeated abuse, victim age and perpetrator HIV‑positive status; Third Schedule sentencing range 30 years to death.
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4 September 2023 |
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Conviction based on uncorroborated hearsay and weak circumstantial evidence was unsafe and set aside; appellant discharged.
* Criminal law – circumstantial evidence – must exclude reasonable hypothesis of innocence before conviction. * Evidence – hearsay and dying declaration – conditions for admissibility and cautionary approach. * Evidence – failure to call material eyewitness and to exhibit alleged weapon undermines prosecution case. * Criminal appellate review – first appeal duty to reappraise evidence and resolve doubts in favour of accused.
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4 September 2023 |
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Conviction for rape upheld on credible single-witness evidence; sentence reduced, remand credited and immediate release ordered.
Criminal law – Rape – Single identifying witness; corroboration not mandatory but quality of evidence is decisive – Minor inconsistencies and timing discrepancies not fatal – Sentencing – appellate interference where sentence is manifestly excessive or inconsistent with comparable cases – Remand credit under Article 23(8) of the Constitution requires arithmetic deduction when applicable – Appellate court power to resentence under Judicature Act.
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4 September 2023 |
| August 2023 |
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31 August 2023 |
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29 August 2023 |
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Court grants certificate of urgency to hear stay of execution where enforcement steps and possession risk render delay nugatory.
Court of Appeal — Certificate of urgency under Rule 21; vacations and the FIFO timetabling policy; test for urgency requires 'special features' compelling speedy action; imminent execution and possession of land can justify hearing during vacation; costs awarded to successful applicants.
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29 August 2023 |
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Appellant's murder conviction on circumstantial evidence upheld; omission to cite statutory section at conviction not fatal; sentence affirmed.
Criminal law – Murder – Circumstantial evidence and last‑seen‑with doctrine; admissibility and weight of post‑mortem and eyewitness evidence; Criminal procedure – Requirement to state statute at conviction; Sentencing – consideration of time on remand and legality of sentence.
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25 August 2023 |
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Appellate court upheld conviction and 40-year sentence: identification reliable, alibi rejected, remand period taken into account.
Criminal law – Rape; identification evidence – assessment of light, familiarity, time and opportunity; alibi – burden and rebuttal; sentencing – remand credit under Article 23(8); appellate reappraisal of evidence (Abdulla Nabulere; Bogere; Rwabugande; Abelle Asuman).
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24 August 2023 |
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A genuine claim of right under section 7 can negate mens rea for malicious damage if prosecution fails to disprove it.
* Criminal law – Appeals – duty of first appellate court to re-evaluate evidence; scope of second appeal. * Criminal law – Defence of alibi – evidential and credibility issues; belated alibi. * Criminal law – Property offences – section 7 Penal Code Act (claim of right) – elements and burden of proof. * Evidence – identification, date inconsistencies, corroboration and accomplice evidence.
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24 August 2023 |
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Appellants' convictions quashed because an honest claim of right to the land negated criminal liability.
Criminal law – Malicious damage to property – Identification and alibi evidence; Defence of claim of right (s.7 Penal Code Act) – evidentiary and legal burdens; Appellate procedure – duty of first appellate court to re-evaluate evidence; Second appeal scope – re-appraisal where first appellate judgment fails to address material issues.
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24 August 2023 |
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Appellate court upheld murder conviction based on circumstantial evidence and phone records, rejecting alibi and affirming sentence.
Criminal law – murder – circumstantial evidence (telephone call data, identification parade, recovered property, injuries, disappearance) sufficiency; Alibi – prosecution’s burden to disprove by placing accused at scene; Identification parades – admissibility and weight; Sentencing – appellate intervention only if manifestly excessive; deduction of remand time.
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24 August 2023 |
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Single Justice lacks jurisdiction over non-interlocutory application; interim stay of execution granted pending three-Justice hearing.
Jurisdiction of single Justice – Section 12 Judicature Act – interlocutory vs non-interlocutory matters; stay of execution – interim relief to prevent irreparable prejudice (eviction, schools, livelihoods); registrar's mis-cause listing remedied by referral to full bench.
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23 August 2023 |
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Convictions based on uncorroborated canine and inconclusive soil evidence were unsafe and thus quashed.
Criminal law – Canine (sniffer dog) evidence – admissibility and weight – need to prove handler's association, dog's training and trailing circumstances – evidence to be treated with caution; Forensic evidence – soil comparability inconclusive cannot corroborate canine trail; Circumstantial evidence – requirement for independent corroboration; Appellate review – re-evaluation on first appeal where convictions rest on circumstantial/canine evidence.
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22 August 2023 |
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Court affirms 15-year sentence for aggravated robbery, sets aside interest order but upholds repayment of stolen money.
* Criminal law – Aggravated robbery – Sentence appeal: appellate restraint; intervention only where sentence manifestly excessive or wrong in principle. * Sentencing – Youthful offender: age and maturity are mitigating factors that should be considered. * Restitution – Interest on compensation ordered in criminal proceedings is unlawful.
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17 August 2023 |
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Failure to swear assessors and their absence during testimony vitiated the trial; retrial ordered.
Criminal procedure — Assessors — Mandatory oath under section 67 Trial on Indictments Act; absence of assessors during testimony — fundamental irregularity — proceedings vitiated — retrial ordered.
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17 August 2023 |
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Appeal against conviction for aggravated defilement and 22‑year sentence dismissed; hearsay/corroborative evidence and sentence upheld.
Criminal law – aggravated defilement; hearsay and admissibility – reliance on non‑direct evidence where totality of prosecution evidence corroborates guilt; identification evidence – single witness caution and favourable conditions; sentencing – discretion, guidelines, and proportionality of 22 years’ imprisonment.
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16 August 2023 |
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Appellate court confirms life sentences for murder and aggravated robbery absent illegality, wrong principle, or manifest excess.
Criminal law – sentencing – first appeal on sentence – appellate reappraisal of evidence; sentencing discretion – interference only for illegality, wrong principle, omission, or manifest excess; sentencing consistency principle – desirable but absence of explicit citation not fatal; aggravating factors (conspiracy, brutal killing, notoriety, lack of remorse) justify life imprisonment.
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16 August 2023 |
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Child's credible testimony and medical evidence upheld aggravated defilement conviction; remand period arithmetically deducted on appeal.
Criminal law – Aggravated defilement – child witness credibility; corroborative medical evidence; alibi negated; sentencing – mandatory arithmetic deduction of remand period; appellate re-evaluation; Rule 66(2) procedural non‑compliance.
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16 August 2023 |
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Procedural error in administering oath to a child did not vitiate conviction because the child’s evidence was sufficiently corroborated.
* Criminal law – Defilement – Child witness – Voir dire and section 40(3) Trial on Indictments Act – unsworn evidence when child does not understand oath; corroboration required. * Evidence – Corroboration – first-to-be-told statements and medical evidence can corroborate a child’s testimony; hearsay admissible where totality points to guilt. * Criminal procedure – Miscarriage of justice – appellate interference only where misdirection occasioned failure of justice. * Sentencing – Aggravated defilement – sentencing guidelines and appellate restraint on interference.
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16 August 2023 |
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A credible child victim's direct testimony can suffice for conviction of aggravated defilement despite no medical injuries.
* Criminal law – Aggravated defilement – Proof of penetration may rest on direct victim testimony; absence of medical injuries is not determinative.
* Evidence – Corroboration – No absolute rule requiring corroboration of a child complainant where her evidence is credible and reliable.
* Criminal procedure – Burden of proof – Appellate court will re-evaluate evidence but will not disturb findings if trial judge properly assessed credibility and applied law.
* Identification – Reliability assessed by duration, light, familiarity and surrounding circumstances.
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16 August 2023 |
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Appellate court upheld aggravated defilement conviction and 32-year sentence, finding contradictions minor and elements proved.
* Criminal law – Aggravated defilement – proof of age, sexual act and person in authority; medical evidence corroboration.
* Evidence – Effect of contradictions and inconsistencies; minor discrepancies not fatal if they do not go to root of case.
* Appeal – First appellate court’s duty to re-evaluate evidence and interfere with sentence only on misdirection.
* Sentencing – Sentencing guidelines, starting points and mitigation; consistency principle.
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16 August 2023 |
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Court reduced and corrected an illegal, excessive 35-year sentence for aggravated defilement to 12 years, 6 months, 25 days.
Criminal law – Sentencing – Aggravated defilement – appellate interference where sentence is manifestly harsh or illegal; failure to consider mitigating factors; requirement to arithmetically deduct remand period (Article 23(8), Rwabugande Moses); Section 11 Judicature Act powers; sentencing consistency principle.
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15 August 2023 |
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Appellate court upheld a 30‑year murder sentence as within guideline range despite limited mitigation consideration.
Criminal law – Sentencing – Appeal against sentence only; limits of appellate interference; Murder – sentencing range (Guidelines) 30 years to death; mitigating factors (first offender) vs aggravating brutality; consistency principle in sentencing precedents.
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15 August 2023 |
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Sentence for aggravated defilement upheld as not excessive, but remand period deducted making appeal partially allowed.
* Criminal law – aggravated defilement – sentencing – whether 25 years' imprisonment was manifestly excessive. * Sentencing procedure – duty to record consideration of mitigating factors – omission does not always occasion miscarriage of justice. * Constitutional requirement (Article 23(8)) – deduction of period spent on remand – failure to consider remand period renders sentence illegal. * Appellate powers – invocation of Section 11 Judicature Act to substitute sentence.
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15 August 2023 |
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Appellant's visual and voice identification, prior threats and flight corroborated; alibi rejected and 28-year sentence affirmed.
Criminal law – identification evidence – single witness visual and voice identification; corroboration by prior threats and flight; alibi disproved by cogent evidence; sentencing – assessment of mitigating/aggravating factors and consistency in murder cases.
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15 August 2023 |
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Omission to swear or fully record assessors does not automatically vitiate trial absent shown miscarriage of justice.
* Criminal procedure – High Court trial with assessors – duty to swear assessors and to have assessors present throughout trial – omission to record swearing or attendance is irregularity not automatically voiding trial; reversal requires proof of miscarriage of justice (Section 139 TIA). * Assessors’ role advisory not binding. * Abandonment of unargued grounds of appeal.
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15 August 2023 |
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Appellate court upheld conviction on sufficient corroborated and reliable identification evidence but reduced sentence by deducting remand time.
* Criminal law – Sexual offences – Aggravated defilement – Conviction may stand on complainant’s uncorroborated testimony where quality of evidence is good and caution given; corroboration may be by report to another witness and medical report. * Criminal procedure – Identification – Single witness identification must be treated with caution but is acceptable where complainant was familiar with accused and conditions were favourable. * Sentencing – Remand credit – Trial court must arithmetically deduct remand period under Article 23(8); appellate court may resentence under Judicature Act to give effect to deduction.
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14 August 2023 |
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A taxing officer may tax a fresh bill withdrawn by letter; in‑house counsel are not entitled to instruction fees without proof.
Taxation of costs – validity of successive bills of costs – withdrawal of earlier bill by letter – service and prejudice; Taxation of costs – in‑house/state counsel – instruction/professional fees not payable absent proof; Disbursements – must be proved and reasonable; Re‑taxation permissible where wrong principle applied.
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14 August 2023 |
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Failure to account for remand time made the appellant's sentence illegal; court reduced it to 26 years.
Criminal law – Aggravated defilement – Sentencing – Article 23(8) Constitution (remand time must be taken into account) – Sentencing Guidelines – consistency and appellate re-sentencing powers under section 11 Judicature Act.
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14 August 2023 |
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A trial court may not impose a sentence harsher than the plea-bargain recommendation; appellate court substituted the agreed term.
Plea bargains — sentencing — trial judge bound by terms of plea bargain once accepted on record; Judge cannot impose sentence exceeding plea bargain recommendation (Rule 15(2), Judicature (Plea Bargain) Rules 2016). Appellate powers — court may set aside illegal sentence and substitute agreed sentence under section 11 Judicature Act. Validation — out-of-time notice of appeal and leave to appeal against sentence only can be granted.
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10 August 2023 |
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An unsigned plea-bargain that causes no prejudice does not justify appellate reduction of an agreed sentence.
Criminal law – Plea-bargain – Court participation and signatures – Irregularity versus prejudice; Sentencing – Appellate interference limited to illegality, wrong principle, failure to consider material factors, or manifest excess; Aggravated defilement – plea and sentence confirmation procedures.
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10 August 2023 |
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The applicant's 27-year murder sentence was upheld as not manifestly excessive after proper consideration of factors.
Criminal law – Murder – Sentence – Appellate interference only where wrong principle applied, material factor overlooked, or sentence manifestly excessive – Consideration of aggravating and mitigating factors – Sentencing Guidelines (2013) – Principle of uniformity/consistency in sentencing.
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9 August 2023 |
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Appellate court validated late appeal and upheld a 26 years 6 months sentence for aggravated defilement of an eight‑year‑old.
Criminal law – Aggravated defilement – Sentence – Whether 26 years 6 months is excessive; Criminal procedure – Appeal lodged out of time – extension/validation of notice of appeal for sufficient reason; Appellate review of sentencing – Grounds for interference: illegality, wrong principle, failure to consider material fact, or manifest excess; Sentencing factors – balancing mitigation and aggravation (victim age, familial relationship, harm).
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9 August 2023 |
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Conviction for aggravated defilement upheld; confession admissible and alibi displaced, sentence reduced to account for remand time.
* Criminal law – Aggravated defilement – identification by single witness – caution when convicting on single witness evidence; corroboration not always required. * Evidence – charge and caution statement – retracted/repudiated confession – requirement of trial-within-a-trial and voluntariness under section 23 Evidence Act. * Criminal procedure – alibi – prosecution’s burden to displace an alibi. * Sentencing – duty to consider time spent on remand (Article 23(8)) – appellate reduction under section 11 Judicature Act.
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7 August 2023 |
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Appellate court upheld conviction on a properly taken guilty plea, finding date inconsistencies and signing-in-prison immaterial.
Criminal law – Aggravated defilement – Conviction on plea of guilty; Plea-taking procedure – requirement to read charge and explain essential ingredients in language understood (Adan v R); Plea bargain – validity and formalities; Evidential inconsistencies – trivial vs. material discrepancies (Obwalatum); Appellate interference – only where miscarriage of justice established.
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7 August 2023 |
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Appeal against murder conviction dismissed: circumstantial evidence, discredited alibi and PF24 age proof supported conviction; sentence upheld.
Criminal law – Circumstantial evidence – requirements that inculpatory facts be incompatible with innocence; Alibi – contradictions and conduct undermining alibi; Age of accused – PF24 medical evidence as proof of age; Sentencing – lack of remorse cannot be an aggravating factor; sentencing guidelines and ranges for murder; appellate review of sentence for manifest excessiveness.
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7 August 2023 |
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Appellate court reinstated a mortgage-review application, holding preliminary objections and estoppel inapplicable where fraud is alleged.
Mortgage law — review of mortgage under Mortgages Act (sections 34–37) — scope and remedies; Civil procedure — preliminary objections and abuse of process; Appropriation/estoppel — approbation and reprobation not a bar where fraud in mortgage alleged; Appeals — competence, leave to appeal and timeliness; Appellate review — reinstatement of improperly dismissed proceedings.
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7 August 2023 |
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Judicial review inappropriate where statutory remedies under the Registration of Titles Act are available to challenge title cancellation.
Administrative law — judicial review reviews decision‑making process (illegality, irrationality, procedural impropriety) not merits; Principle of alternative remedy — judicial review is last resort; Land law — remedies under Registration of Titles Act (ss.176, 178, 183) for cancelled registered titles; Fair hearing and procedural challenges to cancellation of title to be pursued by appropriate statutory causes of action.
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7 August 2023 |
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SLA failing Advocates Act formalities is unenforceable; no recovery commenced so bank wrongly debited respondent; cross-appeal allowed.
Advocates Act – Sections 48, 50, 51 – formal requirements for agreements fixing advocates’ remuneration – non-compliance renders agreement unenforceable; Mortgage/Security Realization Agreement – condition precedent for commencing recovery proceedings; Recovery costs – debiting debtor’s account under an unenforceable advocates’ agreement is unlawful; Pleadings – reliefs or issues not pleaded at trial cannot be raised on appeal; Sale/conveyance – allocation of transfer costs per sale agreement governs recovery of conveyance expenses.
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4 August 2023 |
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Court upholds conviction and sentence for murder, affirming malice aforethought and sentence legality.
Criminal law - murder - malice aforethought - assessment of evidence and sentencing in murder convictions
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4 August 2023 |
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Appeal against conviction for murder dismissed; malice aforethought proven; sentence of 21 years and 9 months upheld.
Criminal Law - Murder - Malice aforethought - Assessment of sentence - Principles for appellate review of conviction and sentence.
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4 August 2023 |
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The court upheld convictions and life sentences for murder; defense of insanity was unproven and identification was valid.
Criminal Law – murder – defense of insanity – summation to assessors – identification evidence – sentencing consistency.
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4 August 2023 |
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Court confirms enforcement of plea agreements as binding, restricting judicial discretion to alter sentence terms post-agreement.
Criminal law - Plea bargain - Enforcement of plea agreements - Limits of judicial discretion in sentencing post-plea agreement.
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4 August 2023 |
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Whether the sentencing court failed to deduct remand time under Article 23(8), rendering the sentence irregular.
Criminal law – Sentencing – Aggravated defilement – Constitutional duty to credit pre-trial remand under Article 23(8) – 'Taking into account' construed as arithmetical deduction – appellate power to set aside and substitute sentence.
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1 August 2023 |
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Conviction for aggravated defilement upheld; sentence reduced to 12 years after reassessing sentencing principles and remand deduction.
Criminal law – Aggravated defilement – Conviction on unsworn evidence of child of tender years – requirement of corroboration (Trial on Indictments Act s.40(3)); Identification – favourable conditions and consequences for single identifying witness; Alibi – burden on prosecution to disprove and rejection of afterthought alibi; Sentence – obligation to consider remand period (Art.23(8)), principle of consistency in sentencing and appellate adjustment where trial court acted on wrong principle.
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1 August 2023 |
