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Citation
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Judgment date
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| December 2025 |
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Prosecution proved a prima facie case of aggravated defilement; accused required to open defence and informed of defence rights.
Criminal law – Aggravated defilement – Prima facie case – Proof of age – Medical evidence of penetration (PF3A) – Identification of accused by child witness – Right to open defence.
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9 December 2025 |
| November 2025 |
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Prima facie case found for aggravated defilement; insufficient evidence to establish aggravated child trafficking.
Criminal law – Aggravated defilement – prima facie case established where victim under 14 and accused HIV+; child testimony and corroboration sufficient at prima facie stage – Medical findings do not automatically negate complainant’s evidence. Criminal law – Aggravated trafficking in children – elements of recruitment/transport/harbouring must be proved; absence of such proof defeats prima facie case.
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25 November 2025 |
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Prima facie case of aggravated defilement established from victim identification and medical evidence despite minor date inconsistency.
Criminal law — Prima facie case — Aggravated defilement — Elements: victim under 14, sexual act (penetration), accused’s participation — Victim identification and medical evidence as corroboration — Minor inconsistencies in dates not fatal to prima facie case.
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25 November 2025 |
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Prosecution established a prima facie case of aggravated defilement; accused ordered to enter defence.
Criminal law – Aggravated defilement – Elements: child under 14, sexual act, accused’s participation – Victim identification and medical corroboration – Prima facie case to require accused to enter defence.
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25 November 2025 |
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Prima facie cases for aggravated robbery and murder established from possession of stolen phone and post‑mortem gunshot evidence.
Criminal law – Prima facie case – Aggravated robbery and murder – Circumstantial evidence – Recent possession of stolen goods – Post‑mortem evidence – Malice aforethought inferred from use of deadly weapon.
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25 November 2025 |
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A Commissioner’s caveat lodged to protect minors under s154(a) was valid and not liable to be vacated.
Registration of Titles Act s154(a) – Commissioner’s caveat – caveat as temporary protection and notice – caveat bars dealings (s125) – protection of minors and persons under disability – Section 124(1) power to vacate caveats; requirement that caveator pursue dispute within reasonable time.
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12 November 2025 |
| October 2025 |
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Prima facie case established for aggravated defilement; insufficient evidence for aggravated trafficking in children.
Criminal law — Aggravated defilement — prima facie case; definition of sexual act (penetration not required); victim identification by single witness known to accused; Aggravated trafficking in children — elements (recruitment/transport/harbouring) must be proved.
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21 October 2025 |
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High Court lacks jurisdiction to hear contempt of a magistrate’s order whose file is before the High Court on appeal.
Contempt of court – jurisdiction – only the court that issued an order may punish contempt of that order; High Court supervisory powers do not confer jurisdiction to hear contempt of subordinate court orders merely because the subordinate court file is before the High Court on appeal; Registrar’s powers limited to expressly conferred matters.
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6 October 2025 |
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Failure to seek extension within 15 days after 21-day service period renders appeal and validation application incompetent.
Civil procedure — Service of process — Order 49 r.2 and Order 5 r.1(1)(a) CPR — Mandatory 21-day service rule — Extension of time must be sought within 15 days after expiry — Late application renders proceedings incompetent/nullity.
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6 October 2025 |
| September 2025 |
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Application for bail in aggravated defilement case denied for failure to prove fixed abode and lack of certified medical evidence.
Criminal procedure – bail – aggravated defilement – application for bail pending trial – requirements for fixed place of abode – exceptional circumstances – grave illness and prison medical care – discretionary nature of bail – presumption of innocence versus risk of abscondment.
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11 September 2025 |
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Court grants bail in an aggravated robbery case, assessing fixed abode, sureties, and discretion despite lack of exceptional circumstances.
Criminal procedure – bail – aggravated robbery – discretion of court – fixed place of abode – substantial sureties – absence of exceptional circumstances – conditions for bail even in serious offences.
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9 September 2025 |
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A bail application in a murder and conspiracy case was denied due to insufficient proof of residency and substantial security concerns.
Criminal procedure – bail application – fixed place of abode – substantial sureties – discretionary grant of bail in murder and conspiracy cases – proof requirements for residence – presumption of innocence balanced with public and prosecutorial interests.
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9 September 2025 |
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Court grants bail to an accused in a capital offence after finding proof of fixed abode and substantial sureties.
Criminal procedure – Bail – Application for bail in aggravated defilement – Fixed place of abode – Substantial sureties – High Court jurisdiction – Presumption of innocence – Discretion of court in granting bail.
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9 September 2025 |
| August 2025 |
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The court found a prima facie case of murder and aggravated robbery based on the accused's recent possession of stolen property.
Criminal law – murder and aggravated robbery – circumstantial evidence – doctrine of recent possession – sufficiency of prima facie case – standard for placing accused on defence.
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13 August 2025 |
| June 2025 |
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4 June 2025 |