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Citation
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Judgment date
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| December 1994 |
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5 December 1994 |
| November 1994 |
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High Court finds military remand lawful; habeas corpus dismissed and it cannot order the military court to grant bail.
Habeas corpus — inquiry into lawfulness of detention under Judicature Act; return showing charges and remand by General Court Martial. Military jurisdiction — General Court Martial empowered to try service offences under NRA statute. Detention delays — statutory reporting and petition remedies (reports after 7 days, petition after 23 days, release after 90 days); detention under 90 days not automatically unlawful. Civilian interference — High Court cannot direct military court to grant bail.
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15 November 1994 |
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Writ of Habeas Corpus application dismissed due to lawful detention under General Court Martial jurisdiction.
Habeas Corpus - military detention - jurisdiction of military courts - procedural delay in charging detainee
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15 November 1994 |
| October 1994 |
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26 October 1994 |
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Court appointed the natural mother as guardian of her infant's property for welfare enhancement.
Guardianship – appointment of guardian – infant's welfare paramount – property management for minor's benefit.
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21 October 1994 |
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21 October 1994 |
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20 October 1994 |
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Plaintiff’s claim for unpaid cotton and travel expenses dismissed for failure to prove indebtedness at formal proof.
Contract — Sale of goods (cotton) — Proof of debt in default judgment/formal proof — necessity of documentary evidence (delivery notes, statement of account) — recoverability of special damages (transport/subsistence).
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20 October 1994 |
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12 October 1994 |
| September 1994 |
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7 September 1994 |
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7 September 1994 |
| August 1994 |
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22 August 1994 |
| June 1994 |
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22 June 1994 |
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22 June 1994 |
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21 June 1994 |
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10 June 1994 |
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Conviction quashed where theft of cash was unproven, unsworn statement unfairly criticised and sentence improperly imposed.
Criminal law – theft – whether prosecution proved accused handled or converted complainant's money as charged – conviction cannot be founded on inference from sale of goods when charge alleges theft of cash. Criminal procedure – unsworn statement – accused must not be penalised for electing to make an unsworn statement; trial court must not improperly discredit it. Civil v criminal remedy – disputes over failed business ventures/debts are primarily civil matters and should not be enforced by criminal prosecution. Sentencing – fine imposed without inquiry into means and used as compensation is improper; sentencing must be reasoned and within statutory limits (Magistrates Courts Act).
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10 June 1994 |
| 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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18 May 1994 |
| April 1994 |
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Criminal conviction quashed due to insufficient evidence proving intent to defraud under false pretences.
Criminal law - obtaining money by false pretences - distinction between civil and criminal wrongs - evaluation of evidence.
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29 April 1994 |
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13 April 1994 |
| March 1994 |
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Advanced age (68) held to be an "exceptional circumstance" under section 14A, bail granted with bonds and reporting conditions.
Bail — Section 14A Trial on Indictments Decree — exceptional circumstances required for offences triable only by High Court — "advanced age" qualifies as exceptional circumstance — proof of age (medical report, charge sheet) — requirement to satisfy court applicant will not abscond — sureties and reporting conditions.
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21 March 1994 |
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Advanced age (68) held to be an "exceptional circumstance" under section 14A(1), bail granted with conditions.
Criminal procedure – Bail under section 14A(1) Trial on Indictments Decree – "Exceptional circumstances" – advanced age – proof of age by charge sheet and medical report – requirement to show non‑absconding – bail conditions imposed.
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21 March 1994 |
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Bail refused under s14A despite long remand because sureties were inadequate and applicants had previously jumped bail.
Criminal procedure – Bail under section 14A of the Trial on Indictments Decree – prolonged remand (15 months) as exceptional circumstance; Sufficiency and number of sureties – adequacy relative to number of accused and seriousness of charge; Prior bail-jumping – relevance to risk of absconding and discretionary refusal of bail; Court’s discretion – balancing prolonged remand against risk of non‑appearance.
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11 March 1994 |
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Defective particulars and an equivocal plea rendered the conviction for driving without third‑party insurance a nullity; conviction quashed.
Criminal law – defective particulars of offence – need to state day, time and place with reasonable clearness (Magistrates' Court Act s36(g)); statutory requirement for third‑party insurance (Motor Vehicle Insurance (Third Party Risks) Statute s2(1)); equivocal plea – where reply is not a clear plea of guilty the magistrate must record not guilty; combined effect of bad charge and equivocal plea renders proceedings a nullity; appellate revisionary powers (Criminal Procedure Code s341(1)).
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11 March 1994 |
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9 March 1994 |
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1 March 1994 |
| February 1994 |
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25 February 1994 |
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14 February 1994 |
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Plaintiff awarded damages for breach of contract after Ministry of Health failed to pay for supplied goods.
Contract Law – Breach of contract – Supply of goods – Non-payment – Ministry of Health contracts – Damages assessment.
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9 February 1994 |
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Court appointed the applicant (sister) as legal guardian of orphaned children, directing annual welfare reports to the Probation/Welfare Office.
Guardianship – Appointment of legal guardian under s.9 Judicature Act and Order 48 – Welfare of the child as paramount consideration. Appointment of a guardian resident abroad – suitability and supervisory conditions. Probation/Welfare Office oversight – annual progress reports and court notification if reports not received.
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7 February 1994 |
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4 February 1994 |
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4 February 1994 |
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Accused granted bail after court found special circumstances and State issued a Certificate of No Objection.
Criminal procedure – Bail – Special circumstances required under statute – Court may grant bail where State issues Certificate of No Objection and special circumstances are shown. Criminal procedure – Bail conditions – Cash bond, deposit of travel documents with court registry, mandatory periodic reporting to police. Sureties – Court to assess sufficiency of sureties to ensure accused’s return to court.
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4 February 1994 |
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4 February 1994 |
| January 1994 |
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21 January 1994 |
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Contractor entitled to unpaid certificate sum; court awarded principal plus 30% p.a. interest from due date and costs.
Contract law – Government contract – final certificate and obligation to pay within 14 days (Clause 30(1)); Civil procedure – proceeding and judgment after hearing where Attorney‑General served but did not appear; Interest – appropriateness of contractual/claimed rate versus court‑assessed commercial rate; Evidence – uncontroverted plaintiff testimony establishes entitlement.
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12 January 1994 |
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Plaintiff entitled to certified contract sum; court awards principal, interest at 30% p.a. from 15/3/1989, and costs.
Contract law – obligation to pay sums certified by final payment certificate – payment due within contractual 14-day period. Evidence – uncontroverted testimony and documentary final certificate sufficient to establish debt. Remedies – assessment of interest where claimed contractual rate unsupported; court discretion to fix reasonable rate (30% p.a.). Costs – successful claimant entitled to costs where defendant defaults or fails to contest.
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12 January 1994 |
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3 January 1994 |