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Citation
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Judgment date
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| March 1995 |
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Plaintiff awarded damages after court finds driver’s negligence caused pedestrian injuries.
Tort—Road traffic accident; negligence—duty of care and breach by speeding/loss of control; causation—linking driver’s negligence to pedestrian injuries; quantum—assessment of general damages.
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3 March 1995 |
| February 1995 |
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Revision refused where appeal lay and no record showed accused was of unsound mind when he pleaded guilty.
Criminal procedure – Revision v appeal – s.341(5) Criminal Procedure Code bars revision at instance of a party who could have appealed; Magistrate’s Court Act s.111 procedure for accused of unsound mind; plea of guilty and admitted facts suffice absent contemporaneous indication of incapacity.
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28 February 1995 |
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28 February 1995 |
| January 1995 |
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31 January 1995 |
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24 January 1995 |
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Court has jurisdiction to set aside arbitration awards and may admit supplementary affidavits with leave.
Arbitration — Setting aside arbitral awards — High Court jurisdiction to entertain challenges despite clauses asserting finality of award — statutory grounds (misconduct, improperly procured) for setting aside. Civil procedure — Supplementary affidavits — Leave of court required; court may admit on exercise of inherent/statutory powers to do justice. Practice — Advocates and registries should file and lodge affidavits and pleadings in good time.
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1 January 1995 |
| December 1994 |
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5 December 1994 |
| November 1994 |
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Court set aside an unlawful 2½-year sentence for unlawful possession of ammunition and substituted the statutory six-month term.
Firearms Act 1970 s2(3),(4) – statutory maximum penalty; Magistrate's Court Act s167 – confirmation of sentences exceeding Magistrate's jurisdiction; illegal/excessive sentence corrected on revision – substitution of lawful sentence; concurrent sentences preserved.
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24 November 1994 |
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Court restrained Registrar from cancelling applicants' registered titles, ordered substantiation of reasons and held formal pre-litigation application unnecessary where reasons were known.
Administrative law – Registrar of Titles – Judicial review of Registrar’s decision to cancel registered title – Requirement to exhaust or comply with section 190 procedure – Necessity of formal application to Registrar to restate reasons – Duty to give reasons – Apparent bias where administrator acts as prosecutor and judge – Interim injunction restraining cancellation pending substantiation and final determination.
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23 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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Whether the State is vicariously liable for its agent’s negligent driving causing injury, loss and appropriate damages.
Motor-vehicle collision — occurrence and causation — driver crossing into wrong side — negligence presumed unless explained — vicarious liability of State for agent's negligent driving — assessment of damages including vehicle replacement, loss of earnings, transport and towing; personal effects claim disallowed for lack of causation.
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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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Employer liable vicariously for employee's negligent driving; damages limited to dependants proved in court.
Motor-vehicle collision; negligence of driver; vicarious liability of employer; contributory negligence; assessment of loss of dependency; requirement to produce dependants under Law Reform Act.
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17 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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Municipal impoundment of cattle grazing in prohibited areas was lawful; part of the claim was time-barred and no damages or injunction awarded.
Urban Authorities Act – power to prohibit grazing and to impound stray animals; Urban Authorities Rules – seizure, detention and release on payment of fees; Limitation – torts against local authorities barred after 12 months (Civil Procedure and Limitation (Misc. Provisions) Act s.2(1)); Detinue/conversion – requirement of demand and proof of continued wrongful detention; Permanent injunction – not granted to maintain a plaintiff in an unlawful position; Liability for third-party acts – municipality not liable where animals were killed by third-party trailer and buried under health regulations.
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31 August 1994 |
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Whether a purchaser is protected as a bona fide purchaser under RTA when title followed an ex parte decree.
Land law — Registration of Titles Act — indefeasibility of registered title — bona fide purchaser for value without notice — effect of setting aside ex parte decree on third parties — caveat procedure and burden under section 149 RTA.
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24 August 1994 |
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22 August 1994 |
| July 1994 |
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High Court revised a magistrate’s decision: polling day means voting day and mandatory filing fees/security must accompany election petitions.
Constitutional/Statutory interpretation – 'polling day' – computation of filing period; Election procedure – mandatory filing fees and security for costs – requirement to accompany petition; Civil procedure – supervisory revision by High Court for lack of jurisdiction/material irregularity; Service/certification defects by Registrar treated as irregularities amendable by court.
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28 July 1994 |
| June 1994 |
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22 June 1994 |
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22 June 1994 |
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Surviving plaintiff may continue tenancy suit despite imperfect power of attorney; non‑disclosure not fatal to cause of action.
Civil procedure – substitution of parties on death (O.21 R.1–2); agency – powers of attorney and strict construction; dealings in land – Registration of Titles Act formalities; whether non‑disclosure of agency vitiates contract and warrants dismissal.
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22 June 1994 |
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21 June 1994 |
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A newspaper published a false, non‑privileged libel about a national politician; damages awarded.
Defamation (libel) – False and defamatory newspaper headline and article – Meaning and publication – Qualified privilege/public interest – Malice and reckless publication – Damages awarded for reputational harm.
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14 June 1994 |
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10 June 1994 |
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Conviction quashed where evidence showed a commercial dispute over beer, not proven theft of the complainant's money.
Criminal law – Theft – Distinction between theft of money and commercial/joint-venture dispute in goods; insufficiency of evidence where accused did not handle cash; unsworn statement – accused’s right; Criminal vs civil remedies – recovery of civil debts by civil suit; Sentencing – excessive fine, failure to inquire into means, improper use of fine to compensate victim.
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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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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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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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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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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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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 |
| 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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Circumstantial evidence established unlawful killing, but intoxication and circumstances negated malice aforethought; convicted of manslaughter and sentenced to five years.
Criminal law – Homicide – Circumstantial evidence – proof of death and causation – identification of footwear; Self-defence – availability where accused was aggressor; Intoxication – relevance to malice aforethought; Murder reduced to manslaughter where intent not proved beyond reasonable doubt.
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29 April 1994 |
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Self-defence failed; provocation reduced the killing to manslaughter; two-year sentence imposed.
Criminal law — Homicide — Self-defence — Proportionality of force; Provocation — Heat of passion reducing murder to manslaughter; Malice aforethought — inference from weapon and surrounding circumstances; Sentence — youth and time on remand.
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22 April 1994 |
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Accused convicted on plea of manslaughter and sentenced to 12 months considering provocation and two years remand.
Manslaughter – guilty plea accepted and conviction on plea; sentencing discretion – proportionality and mitigation; Provocation/home attack – mitigating factor; Remand custody – credit in sentencing; Use of weapon – necessity and relevance to sentence.
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20 April 1994 |
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Court inferred fatality from assault despite no post-mortem and sentenced the accused to time served for manslaughter.
Criminal law – Manslaughter plea accepted where State consents – Causation inferred from assault absent post-mortem when clinical signs and timing support lethal injury – Sentencing: discretion to impose time-served after prolonged remand and guilty plea.
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19 April 1994 |
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Guilty plea to manslaughter accepted; balancing mitigation and aggravation, court imposed four years' imprisonment.
Criminal law – manslaughter accepted as lesser/congnate offence to murder – admissible inference of cause of death despite absent post‑mortem – sentencing: guilty plea and time on remand as mitigation; intoxication and brutality as aggravation; deterrence factor.
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19 April 1994 |