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Citation
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Judgment date
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| May 1994 |
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A handwriting expert’s report is inadmissible if it introduces unpleaded new facts and lacks established provenance, constituting hearsay.
Civil procedure – Pleadings – Order 6 r.5/6 – new grounds or allegations: a party must plead material facts and annex supporting documents; unpleaded expert evidence may be excluded
Evidence – Expert handwriting report – admissibility – provenance of questioned and specimen documents must be established; otherwise report risks being hearsay. Counsel conduct – producing specimen documents to experts – counsel should testify or disqualify himself to prevent hearsay and unfair surprise
Remedies – Preliminary objection upheld and costs ordered where procedural and evidential rules breached
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30 May 1994 |
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Plaintiff entitled to return or current value of deposited beer crates and damages for defendant's breach of agency contract.
Contract law – agency/stockist agreement – deposit of empty beer crates – defendant’s failure to supply and retention of crates – breach of contract – measure of damages as difference in current and prior value – default judgment/assessment under Order 9 rule 6 CPR.
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26 May 1994 |
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Court holds widow entitled to estate over father's objection, upholding both customary and Islamic marriages.
Family Law – Administration of Estates – Widow’s entitlement to letters of administration – Validity of customary and Islamic marriages.
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25 May 1994 |
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Accused convicted of defiling two children; police confession excluded but child testimony and corroboration proved guilt.
Criminal law – Defilement – Elements: victim under 18 and unlawful sexual intercourse; Evidence – admissibility of cautioned/confession statements; Evidence – weight and reliability of medical reports; Evidence of children and corroboration – unsworn child statements, competency, and independent corroboration; Alibi – evidential burden and assessment of credibility.
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25 May 1994 |
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Buyer entitled to market-based monetary compensation where specific performance is impracticable; company purchase not plaintiff’s personal mitigation.
Contract/Sale of Goods – Specific performance impracticable – Buyer entitled to damages measured by market replacement cost; amendment after review; company assets distinct from shareholder’s assets; res judicata and confined scope on rehearing.
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23 May 1994 |
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Whether an advocate who swore a supporting affidavit in an interlocutory application may also act as counsel.
Advocates’ Professional Conduct – regulation 8 – advocate as witness and counsel – exception for formal/non-contentious affidavits – interlocutory application for extension of time – uncontested administrative facts.
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19 May 1994 |
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18 May 1994 |
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Civil Procedure
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17 May 1994 |
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Application stayed pending joinder and service on the deceased defendant's legal representative; Order 20 r.2 service mandatory.
Civil procedure – Effect of death of a party – Requirement to join legal representative (Order 21 r.4(1)) – Mandatory service of notice for applications under Order 20 r.2 – Stay of proceedings pending joinder and service.
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13 May 1994 |
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Court appointed the mother guardian and authorized sale of 0.5 acre of infants’ land to invest for their benefit.
Guardianship – Jurisdiction under s.9 Judicature Act – Welfare of infant paramount – Authorization to sell infant-owned land with co-owner’s consent – Appointment of natural mother as guardian and power to sell 0.5 acre.
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10 May 1994 |
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Application for interim injunction refused where disputed trailer was already vandalised and damages were adequate remedy.
Civil procedure — Temporary injunction (Order 37 rr.1 & 9 CPR) — Requirements: prima facie case, irreparable injury, balance of convenience — Ex parte proceedings where respondent served — Vandalised property: adequacy of damages as remedy.
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9 May 1994 |
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9 May 1994 |
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The accused was acquitted of defilement for lack of proof of penetration but convicted of indecent assault.
Criminal law – Defilement requires proof of penile penetration – Medical findings (vaginal tear, ruptured hymen, bleeding) consistent but not conclusive of penetration – Circumstantial and eyewitness evidence may establish indecent assault even where defilement not proved – Credibility assessment of infant’s mother.
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9 May 1994 |
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First accused caused fatal head injury but provocation negated malice; second accused acquitted.
Criminal law – homicide – proof beyond reasonable doubt – medical evidence of intracranial hemorrhage – credibility of eyewitness – self-defence test and proportionality – provocation negating malice aforethought – absence of common intention.
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9 May 1994 |
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Soldier participated in fatal torture; unlawful killing established but malice aforethought absent, convicted of manslaughter.
Criminal law – Homicide: unlawful killing; common intention (s.22 Penal Code); distinction between murder and manslaughter; malice aforethought; credibility of tortured eyewitnesses; absence/refusal of post‑mortem evidence.
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9 May 1994 |
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9 May 1994 |
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Contradictory complainant testimony on consent defeated the prosecution; accused acquitted of rape for lack of proof beyond reasonable doubt.
Criminal law – Rape – Consent – Consent given for fear of bodily harm – Credibility of complainant – Medical evidence of recent intercourse insufficient alone to prove lack of consent – Burden of proof remains on prosecution.
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5 May 1994 |
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No-case submission upheld where prosecution failed to prove theft and to adequately identify the accused for aggravated robbery.
Criminal law – No case to answer – Sufficiency of evidence – Elements of aggravated robbery – theft as material ingredient – Identification evidence – Conflicting witness accounts – Application of Bhatt v R.
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4 May 1994 |
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Unlawful killing proved on circumstantial evidence; malice aforethought not established, convicted of manslaughter.
Criminal law – Homicide – Distinction between suicide and unlawful killing; admissibility and weight of circumstantial evidence. Circumstantial evidence – Inference of guilt only where alternative hypotheses excluded. Mens rea – Malice aforethought must be proved; provocation, intoxication and self‑defence may negate malice
Offence – Where malice not established, unlawful killing may amount to manslaughter (s.182 Penal Code Act)
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3 May 1994 |
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Conviction for defilement upheld where a child's unsworn testimony was corroborated by medical evidence and accused's conduct.
Criminal law – Defilement: elements (penetration, victim under 18, identity); unsworn child evidence requires corroboration; medical evidence (recent hymenal rupture) corroborative; absence of spermatozoa not dispositive; accused's flight and attempted suicide as corroboration; committal procedure governed by amended Magistrates Courts Act (s.164A).
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2 May 1994 |
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2 May 1994 |
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2 May 1994 |
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Whether the applicant should obtain a temporary injunction to preserve status quo pending resolution of a disputed title and alleged destruction of developments.
Civil procedure — interlocutory (temporary) injunction — preservation of status quo pending trial — requirements: prima facie case with probability of success, irreparable injury, balance of convenience; Title disputes — cancellation by Registrar; caveats and registration in good faith.
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2 May 1994 |
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Court appointed the mother guardian and authorized sale of part of jointly-owned land for the infants’ welfare.
Guardianship – Jurisdiction under section 9(a) Judicature Act – appointment and control of guardians and infants’ estates. Welfare of the infant – paramount consideration in guardianship appointments. Sale of infant’s interest in land – court authorization where reinvestment benefits the children. Consent of co-registered proprietor – evidential weight in guardianship and disposal applications
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1 May 1994 |