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Citation
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Judgment date
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| 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 |
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24 May 1991 |
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Appellant’s claim before Magistrate Grade I was a nullity for lack of pecuniary jurisdiction; appeal incompetent.
Civil procedure – Appeals – requirement of decree with memorandum of appeal – Order 18 r6 & r7(3) CPR; Magistrates’ courts – pecuniary jurisdiction – effect of currency reform on jurisdictional limits; Proceedings of a court lacking jurisdiction are nullities; Preliminary objections – competence of appeal.
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23 May 1991 |
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Civil Procedure|Conduct of proceedings|Preliminary Objections|Institution of proceedings|Cause of action
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22 May 1991 |
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Civil Procedure|Conduct of proceedings|Preliminary Objections
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17 May 1991 |
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An acquittal entered before the prosecution closed its case is erroneous but not revisable under section 341(1)(b).
Criminal procedure — withdrawal of charge under s.119(a) Magistrates Courts Act 1970 — acquittal under s.125 MCA 1970 requires closure of prosecution case — closure may be by offering no evidence — revisional jurisdiction barred by s.341(1)(b) Criminal Procedure Code.
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17 May 1991 |
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Court set aside ex parte judgment after discovery of a prior judgment and finding misrepresentation, ordering a new trial.
Civil procedure — Review — Order 42 Rule 1 and Section 83 — Discovery of prior judgment as ground for review; Res judicata (Section 7) — scope where parties differ; Ex parte judgments — setting aside for fraud/misrepresentation; Court’s inherent powers and public policy; New trial ordered; Costs.
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16 May 1991 |
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Court set aside its judgment and ordered rehearing after discovery of an earlier conflicting decree amounting to misrepresentation.
Civil procedure Review (Order 42 R.1; Section 83 CPA) Discovery of prior decree as ground for review; Res judicata (Section 7 CPA) and requirement of same parties; Ex parte judgments fraud, misrepresentation and setting aside; Inherent powers and public policy to grant rehearing where conflicting judgments exist.
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16 May 1991 |
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On review the court set aside an illegal 10‑month default imprisonment for a shs.10,000 fine and substituted one month per statute.
Criminal law – Sentencing – Default imprisonment for non-payment of fine – Section 192 Magistrates Courts Act 1970 (as amended) – Statutory maximum – Revision to set aside and substitute illegal default sentence.
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9 May 1991 |
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9 May 1991 |
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7 May 1991 |
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Convictions upheld, but illegal default sentences and sentences influenced by extraneous matters were set aside and substituted; refunds and release ordered.
Criminal law — guilty pleas and confirmation — sentencing — illegality of excessive default imprisonment under s.192(d) MCA 1970 (as amended) — improper consideration of extraneous/unproven facts in sentencing — substitution of lawful sentences and refund of fines.
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7 May 1991 |
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A default imprisonment exceeding the statutory maximum for a fine is illegal and must be substituted with the lawful term.
Criminal procedure – plea of guilty – vagueness cured by admitted facts; Sentencing – default imprisonment – statutory maximum under section 192(d) TOA 1970 (as amended) limits default for fine ≤ shs.2,000 to seven days; Revision – court may set aside illegal sentence and substitute lawful term.
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6 May 1991 |
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6 May 1991 |
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Conviction after a guilty plea without entering conviction and with illegal default imprisonment was quashed and sentence set aside.
Criminal procedure – Plea of guilty – statutory requirement to record admissions and enter conviction (s.122(2) MCA); improper remand for sentence without conviction; no written judgment required after guilty plea – obligation to allow mitigation. Criminal law – Mandatory compensation for adultery offences – failure to order compensation. Sentencing – Default imprisonment limits for fines under s.192(d) MCA (as amended).
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6 May 1991 |
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On revision the court set aside an unlawful six‑month default term and substituted the statutory seven‑day default imprisonment.
Criminal law – Sentencing – Default imprisonment limits under section 192(d) Magistrates Courts Act 1970 (as amended) – Illegal sentencing corrected on revision. Criminal procedure – Revision – High Court power to set aside and substitute unlawful sentences. Evidence – Conviction for failing to prevent a fire upheld as supported by record.
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6 May 1991 |
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Court quashed conviction due to an equivocal plea and set aside illegal default sentence for unlawful possession of ammunition.
Criminal law – Plea of guilty – Validity of plea – Sentencing – Default imprisonment term exceeding statutory limits – Revision of conviction and sentence.
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3 May 1991 |
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3 May 1991 |
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3 May 1991 |
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3 May 1991 |
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3 May 1991 |
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Civil Procedure|Appeals and reviews
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3 May 1991 |
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3 May 1991 |