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Citation
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Judgment date
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| December 2024 |
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19 December 2024 |
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Trial judge illegally increased a plea-bargained sentence; appellate court enforced the agreed sentence and ordered release.
Criminal law – Plea bargaining – Plea-bargain agreement treated as binding contract subject to judicial oversight; Rule 15(2) prohibits imposing a harsher sentence than agreed; Rule 13 permits rejection only to prevent miscarriage of justice. Sentencing – Judicial officer may not substitute own harsher sentence; appellate power under s.11 Judicature Act to give effect to agreed sentence. Constitutional law – Remand credit under Article 23(8).
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12 December 2024 |
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A trial judge cannot substitute his own sentence for a plea-bargained term; he must reject the agreement or accept it.
Plea bargaining — judicial role in plea bargains — court cannot substitute its own sentence for agreed plea-bargained term; Rule 13 (rejection if miscarriage of justice) and Rule 15(2) (no harsher sentence) — appellate power to give effect to plea bargain and apply remand credit under Article 23(8).
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12 December 2024 |
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12 December 2024 |
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Second appeal dismissed where grounds were overly general and concurrent factual findings were supported by evidence.
Second appeal — limited to points of law (Section 72 CPA) — grounds of appeal must comply with Rule 86(1) — overly general grounds struck/unsustainable — concurrent findings of fact supported by evidence are not disturbed.
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12 December 2024 |
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12 December 2024 |
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Appeal against a 35-year sentence for aggravated robbery dismissed; sentence deemed consistent and appropriate.
Criminal law - sentencing - appeal against sentence - aggravated robbery - uniformity and consistency in sentencing - discretionary powers of the trial court.
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9 December 2024 |
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The appellate court reduced excessive life imprisonment to 30 years for robbery, affirming 30-year rape sentence concurrently.
Criminal law – Sentence – Aggravated robbery and rape – Reduction of excessive sentence – Concurrent sentencing.
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9 December 2024 |
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4 December 2024 |
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3 December 2024 |
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2 December 2024 |
| November 2024 |
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27 November 2024 |
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27 November 2024 |
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27 November 2024 |
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27 November 2024 |
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27 November 2024 |
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27 November 2024 |
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27 November 2024 |
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27 November 2024 |
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27 November 2024 |
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22 November 2024 |
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22 November 2024 |
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22 November 2024 |
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The appeal was struck out due to procedural errors, emphasizing timely filing and necessity for leave to appeal sentence.
Criminal Law – Appeal – Procedural compliance in filing appeals – Requirement for leave to appeal against sentencing upon guilty plea.
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22 November 2024 |
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22 November 2024 |
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22 November 2024 |
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22 November 2024 |
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22 November 2024 |
Execution stay—insolvency proceedings—winding up—statutory demand—conditions for stay—judgment creditor rights—likelihood of success—irreparable damage—balance of convenience—solvency evidence—public interest |
12 November 2024 |
Stay of execution—High Court judgment—appeal likelihood of success—irreparable harm consideration—eviction orders—self-executing orders—veterinary office use—burden of proof—land conservatory order
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12 November 2024 |
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7 November 2024 |
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7 November 2024 |
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7 November 2024 |
| October 2024 |
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Court procedure—clerical errors—correction under Rule 36(1) of the Judicature (Court of Appeal Rules)—error in advocate’s name—application allowed.
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31 October 2024 |
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25 October 2024 |
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25 October 2024 |
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25 October 2024 |
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25 October 2024 |
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A default judgment was set aside where improper service and lack of legal basis for the appellant's liability were established.
Civil Procedure – setting aside default judgment – service of process – summary procedure – liability of guarantor – triable issue – evidentiary requirements for proper service – abuse of process.
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23 October 2024 |
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The court upheld conviction for murder but resentenced the appellants due to an illegal sentencing procedure by the trial court.
Criminal law – Murder – Evaluation of evidence – Identification by a single witness – Corroboration by circumstantial evidence – Defence of alibi and insanity – Sentencing – Deduction of remand period – Powers of the appellate court on resentencing.
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21 October 2024 |
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16 October 2024 |
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16 October 2024 |
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Second appeal struck out for failure to take essential steps and filing out of time; costs awarded to applicant.
Civil procedure – Appeals – Time limits under Court of Appeal Rules 83(1)–(2); availability of record; duty of intending appellant to take essential steps – strike out for failure to prosecute – costs.
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16 October 2024 |
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16 October 2024 |
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16 October 2024 |
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16 October 2024 |
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15 October 2024 |
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15 October 2024 |
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15 October 2024 |
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14 October 2024 |
