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Citation
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Judgment date
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| December 1991 |
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Adoption|HR
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23 December 1991 |
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Custodial sentence for reckless driving upheld as deterrent; mandatory driving disqualification set aside for procedural omission.
Criminal law — Sentencing — Reckless driving — Deterrent imprisonment vs fines; duty to make inquiries before sentence; "special reasons" required before mandatory driving disqualification under section 65(1)(a).
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17 December 1991 |
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Court appointed foreign applicants as guardians, prioritizing the infant’s welfare and imposing monitoring and visitation conditions.
* Guardianship – appointment under s.9(a) Judicature Act – welfare of the child paramount; * Appointment of foreign guardians permissible where in child's best interests; * Supervisory conditions – periodic progress reports to Probation/Welfare and Daughters of Charity; * Mandatory visitation schedule to relative; * Notification of Ministry of Foreign Affairs and Probation/Welfare for monitoring.
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16 December 1991 |
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13 December 1991 |
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12 December 1991 |
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Civil Procedure|Conduct of proceedings|Preliminary Objections
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11 December 1991 |
| November 1991 |
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Family Law|Property Law|Land|Mortgage, loans and bonds|Mortgage
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25 November 1991 |
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Chamber application to withdraw suit allowed, but costs awarded to respondent for avoidable expenses caused by applicant.
Civil procedure – Withdrawal of suit by chamber application – Applicant had received offer of relief prior to suit withdrawal – Award of costs to respondent for avoidable expense caused by applicant’s procedural conduct.
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25 November 1991 |
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Withdrawal of suit allowed and costs awarded to respondent because the applicant’s late, costly discontinuance caused avoidable expense.
Civil procedure – Withdrawal/discontinuance of suit – Appropriate procedure to discontinue and notification to registrar; Costs – costs follow conduct where party’s late or costly discontinuance causes avoidable expense; Property custody – respondent’s offer to grant management relevant to costs but substantive ownership and mismanagement not determined.
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25 November 1991 |
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Whether prosecution proved kidnapping with intent to procure ransom amid disputed security arrests and inconsistent ransom evidence.
Criminal law – Kidnapping with intent to procure ransom – Elements: unlawful taking/detention and intent to secure ransom; Common intention – proof required; Lawful arrest in state security operations – relevance to alleged kidnapping; Evidence – contradictions on ransom payment create reasonable doubt; Minor cognate conviction – not permissible where offence lacks common origin or accused lacked opportunity to defend alternative charge.
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20 November 1991 |
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Failure to give statutory written notice of additional material facts renders late photographic evidence inadmissible.
Criminal procedure – admissibility of exhibits (photographs) – committal requirements repealed – summary of evidence (s.163A MCA) silent on exhibits – Trial on Indictments (Amendment) Act 1990 s.78 requires written notice of additional material facts; failure to give notice renders late exhibits inadmissible.
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6 November 1991 |
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Family Law|Marriage In Community of Property|Matrimonial Property Law
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4 November 1991 |
| October 1991 |
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25 October 1991 |
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11 October 1991 |
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11 October 1991 |
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Accused acquitted of rape where prosecution evidence was contradictory, uncorroborated and insufficient to call defence.
Criminal law – Rape – Sufficiency of evidence – No case to answer under s.71(1) – Contradictions and delays – Lack of corroboration and non‑production of torn garments – Retrospectivity of penal amendment (1990) making rape capital.
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4 October 1991 |
| September 1991 |
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Accused acquitted where sole eyewitness failed to identify him and no prima facie evidence supported the indictment.
Criminal law — Murder; Identification evidence — inability to identify at scene or parade; Trial on Indictments s.71(1) — no case to answer; Acquittal where no prima facie evidence; Prosecutorial duty to ensure prima facie case before indictment.
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30 September 1991 |
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The court showed leniency, sentencing the accused to three months' imprisonment due to mitigating factors.
Criminal Law - Sentencing - Mitigating factors - Provocation, intoxication, and cooperation in prosecution - Judicial leniency applied.
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25 September 1991 |
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12 September 1991 |
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3 September 1991 |
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Court quashes convictions due to non-cognate charge and illegal default sentencing.
Criminal Law – Conviction without charge – Illegality of convicting on a non-cognate offence – Sentence exceeding statutory limits.
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3 September 1991 |
| August 1991 |
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Court revises illegal sentence for traffic offences and orders sentences to run concurrently.
Criminal Law – Traffic Offences – Illegal Sentence – Concurrent Sentences for Related Offences
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30 August 1991 |
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30 August 1991 |
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Kidnapping with intent to murder proved by eyewitness and context; circumstantial evidence insufficient to convict for murder.
Criminal law – Kidnapping with intent to murder – elements: forcible seizure and contemporaneous intent (s.235(1)(a)); single-witness identification – reliability factors (daylight, acquaintance, duration, corroboration); circumstantial evidence – must exclude reasonable innocent hypothesis before convicting for murder; presumption of intent under s.235(2) not applied where victim seen within six months; sentencing – death discretionary, court may impose term of imprisonment taking mitigation into account.
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29 August 1991 |
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Accused convicted of kidnapping with intent to murder but acquitted of murders for insufficient circumstantial evidence.
Criminal law — Kidnapping with intent to murder (s.235(1)(a)) — Elements: forceful seizure and contemporaneous intent; identification by single witness; circumstantial evidence — Murder (ss.183,184) — requirement to exclude reasonable hypothesis of innocence; indictment inclusion of absent co-accused.
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29 August 1991 |
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20 August 1991 |
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Convictions for witchcraft lacked evidence support; sentences set aside and release ordered.
Criminal law – Witchcraft Act – evidence required for conviction under sections 5 (1) for possession of articles and section 3 (1) for the practice of witchcraft – procedure in sentencing multiple counts.
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20 August 1991 |
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Conviction and sentence quashed due to insufficient evidence and illegal sentencing structure.
Criminal Law - Conviction standards - Insufficient evidence for fraud - Illegality of sentence option between imprisonment or fine.
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19 August 1991 |
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Court declared counter-claimant beneficial owner under resulting trust and set aside fraudulent re-transfer, ordering re-registration.
Trusts and equitable remedies – resulting trust where purchaser provides consideration but title taken in another's name – duties of trustee (loyalty, preservation, accounting) – fraudulent re-transfer null and void – equitable declaration of beneficial ownership and order to register title.
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7 August 1991 |
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Amendment imposing minimum sentence not applicable to offense committed prior to its commencement date.
Criminal Law – sentencing – application of amendments – retrospective application of sentencing guidelines – minimum imprisonment terms.
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7 August 1991 |
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Witchcraft convictions quashed due to insufficient proof of witchcraft practices or related articles.
Criminal law - Witchcraft Act - Invalid conviction - Lack of evidence for articles used in witchcraft - Misapplication of witchcraft practices.
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6 August 1991 |
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2 August 1991 |
| July 1991 |
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Civil Procedure|Principles|Res Judicata
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31 July 1991 |
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Civil Remedies|Injunctions and interdicts|Injunction|Family Law|Matrimonial Property Law
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30 July 1991 |
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Accused convicted of attempted murder where intent inferred from threats, lethal spear attack, and reliable identification.
* Criminal law – Attempted murder – intention to kill may be inferred from surrounding circumstances, threats and use of a lethal weapon. * Criminal law – Attempt – overt act sufficiently proximate to completion establishes attempt (Penal Code s.369). * Evidence – Identification – single witness identification accepted where witness knew accused, close confrontation and corroborative circumstances. * Sentence – seriousness of offence weighed against mitigating factors (first offender, remand period, ill-health, dependants).
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23 July 1991 |
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Review of improper child witness procedure and sentencing in an assault conviction.
Criminal law – evidence of a child witness – requirement for voire dire – definition of 'bodily harm' – legality of default sentencing terms.
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22 July 1991 |
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Dying declaration and voluntary confession, corroborated by discovery and post‑mortem, established murder and malice aforethought.
Criminal law – Murder – admissibility of dying declaration (s.30 Evidence Act) – voluntariness of confession recorded by Assistant Inspector – information leading to discovery – circumstantial evidence proving guilt – malice aforethought – rejection of alibi and provocation.
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16 July 1991 |
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A valid inter vivos gift by the deceased to the respondent defeated the applicant’s claim to administer the estate.
Succession law – priority for letters of administration; Gift inter vivos – requirements, capacity of donor, and effect; Evidence – contemporaneous written instruments and eyewitness testimony; Post-death village confirmations have no title-conferring value; Admissibility and translation of local-language documents.
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7 July 1991 |
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Civil Procedure|Appeals and reviews
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3 July 1991 |
| June 1991 |
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Civil Procedure
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28 June 1991 |
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Uncorroborated, potentially biased testimony and misconsideration of defence made convictions unsafe; statute did not cover jerrycan oil.
Criminal law – aiding escape – proof that person was a prisoner and in lawful custody; private citizen arrests (s.28 CPC) on reasonable suspicion; evidence and credibility – proven motive to lie requires caution and corroboration; statutory interpretation – ejusdem generis limits "things" following books/documents; destruction of evidence not extending to physical jerrycan of oil; appellate duty to re-evaluate evidence when trial court ignored defence.
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18 June 1991 |
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Invalid grant by Magistrate Grade II upheld due to lapse of time and no complaints.
Estate administration - Grant of administration - Jurisdiction limit of Magistrate Grade II - Invalid signing as District Registrar.
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13 June 1991 |
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Widow entitled to probate despite youth or unperformed funeral rites; deceased’s brother may be associated as co‑administrator.
* Succession law – s.201 Succession Act – widow’s entitlement to grant of Letters of Administration – personal disqualification required to exclude widow.
* Customary practice – pending funeral rites – whether last funeral rite prevents grant of administration.
* Remarriage and youth – potential remarriage is not automatic disqualification; duties and returns protect beneficiaries.
* Association – s.202 Succession Act – association of suitable person with widow; minors disqualified.
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12 June 1991 |
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Magistrate Grade II improperly granted administration for high-value estate; no revision due to lapse causing potential hardship.
Legal jurisdiction - Magistrate Grade II acting beyond estate valuation limits - Jurisdictional error not revised due to hardship considerations.
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12 June 1991 |
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A Magistrate Grade II's illegal grant of Letters of Administration for a high-value estate is cancelled.
Probate and administration – Jurisdiction of Magistrates – Limits on estate value for grant of administration – Legal consequences of acting without jurisdiction.
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11 June 1991 |
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Applications for Letters of Administration were returned due to non-compliance with statutory notice and publication requirements.
Probate law – Letters of Administration – Compliance with statutory requirements – publishing notice – notice to Administrator-General.
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11 June 1991 |
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Application for letters of administration returned for failure to prove marriage, publish notice, and comply with Administrator‑General Act s.6.
* Succession law – Grant of letters of administration – Requirement to prove marriage where applicant claims to be widow – Publication of notice – Compliance with Administrator‑General’s Act s.6 (mandatory where applicant is not widow/widower) – Procedural prerequisites for registry processing.
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7 June 1991 |
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Letters of Administration revoked for lack of magistrate jurisdiction and failure to meet statutory notice requirements.
Administration of estates; jurisdictional limit for Magistrate Grade II under Decree 13/72; authority to act as District Registrar under Civil Procedure Rules; Administrator‑General's Act s.5 notice/consent requirement; revocation of improperly granted Letters of Administration.
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7 June 1991 |
| May 1991 |
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Unreliable, interpreted single‑witness identification at night and lack of corroboration defeated robbery conviction.
* Criminal law – Identification evidence – Single eyewitness who is non‑verbal – evidence received under s.117 Evidence Act and interpreted by third parties – reliability and risk of imperfect interpretation. * Criminal law – Identification at night when victim is bound and injured – caution required for positive identification. * Criminal law – Robbery under s.273(2) – necessity to prove threat/use of deadly weapons and need for corroboration. * Criminal procedure – Alibi – prosecution’s burden to disprove alibi beyond reasonable doubt.
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29 May 1991 |
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Court set aside a judgment found to be obtained by misrepresentation and ordered a new trial, each party to bear own costs.
Civil procedure — Review of judgment — Order 42 Rule 1 and Section 83 Civil Procedure Act — Review permissible where judgment obtained by fraud or fundamental illegality — Ex parte judgment — improper procurement, misrepresentation or half-truths — res judicata (Section 7) examined where earlier judgment exists — remedy: set aside and rehearing ordered.
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28 May 1991 |