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Citation
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Judgment date
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| November 2025 |
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Late witness statement retained; plaint not time-barred, surviving executrix has authority, and cause of action disclosed.
Civil procedure – witness statements – late expanded statement admitted where no new witness introduced and cross-examination possible; substantive justice prevails over technicality.
Limitation – continuing trespass – cause of action accrues from continuing occupation; Section 20 Limitation Act inapplicable to suits by estate to protect property.
Succession – Section 269 – powers of executors vest in surviving executrix; survivor may sue without co-executor consent.
Pleadings – Order 7 r.11 – plaint discloses cause of action; misnomer curable by amendment where identity clear.
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4 November 2025 |
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Applicant proved equitable interest; respondent’s title held fraudulently acquired; surrender of title and demolition ordered.
Land law – equitable interest arising on sale agreement – locus standi to sue – fraud vitiating registration – bona fide purchaser doctrine – requirement of due diligence and production of sale agreement – illegal erection of structures on access road – survey and demarcation remedy – damages and costs.
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3 November 2025 |
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An expired grant of letters of administration cannot be revoked; the former administrator must account and is restrained from dealing with the estate.
* Succession Act – validity of letters of administration – statutory two-year limit under s.256(2) – lapse by operation of law.
* Administration – revocation of grants – lapse of grant renders revocation moot.
* Duty to account – administrators must exhibit inventory and statement of account for period of authority.
* Remedies – injunctions, fresh application for letters, damages and costs where administrator interferes with estate.
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3 November 2025 |
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Disagreement with an expert valuation does not amount to an error apparent on the face of the record.
Civil procedure — Review under s.82 CPA & Order 46 — Challenge to government valuer’s report — Standard: manifest/error apparent on face of record; valuation as expert opinion; functus officio and contemnor objections considered.
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3 November 2025 |
| October 2025 |
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High Court lacked original jurisdiction over a compensation claim under the Electricity Act; statutory ERA/Tribunal remedies must be exhausted.
Electricity Act – jurisdiction – claims for compensation/wayleave – exclusive administrative remedy before Electricity Regulatory Authority and Electricity Disputes Tribunal – necessity to exhaust statutory remedies before High Court – distinction between trespass (no consent) and compensation claims (consent/engagement).
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24 October 2025 |
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Applicant proved indebtedness but failed to show statutory service of mortgage notices; vacant possession and sale were premature.
* Mortgage law – Mortgage Act (ss.18,19,25) – statutory notice of default and notice of sale – strict compliance and proof of service required.
* Evidence – burden of proof – documentary bank statement as prima facie proof of indebtedness; unsubstantiated repayment claims fail.
* Civil procedure – functus officio – court not functus where no final order made and further evidence ordered.
* Remedies – power of sale and vacant possession cannot be exercised without statutory compliance.
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10 October 2025 |
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A counterclaim not pleaded in the written statement of defence is procedurally irregular and may be struck out.
Civil procedure – Counterclaims – Order 8 r.7 CPR – mandatory requirement to state counterclaim in the written statement of defence; failure to comply renders counterclaim irregular and void ab initio; leave to amend or prior leave does not cure non‑compliance; where counterclaim is fatally defective, court need not determine other preliminary objections (lis pendens, locus, misjoinder).
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8 October 2025 |
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Conviction for aggravated defilement based on victim’s recognition, medical exhibits, and accused’s HIV-positive status.
* Criminal law – Aggravated defilement – essential ingredients: victim under 18, penetration, accused HIV positive, identity of perpetrator. * Evidence – recognition evidence versus identification in poor lighting; repeated intimate contact supports reliability. * Medical evidence – PF3A and PF24 as corroboration. * Aggravated element not negated by non-transmission to victim. * Role of assessors – advisory, not binding on judge.
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6 October 2025 |
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An application instituted against a person already deceased is incompetent and must be dismissed.
* Civil procedure – abatement – application/suit instituted against a deceased person is incompetent and a nullity.
* Civil procedure – substitution of legal representative – distinction between death before institution and death during pendency.
* Locus standi – non-parties/surviving co-plaintiffs not named as respondents lack standing to oppose or represent estate.
* Constitutional law – Article 126(2)(e) cannot cure defects of jurisdiction or competence.
* Procedure – Notice of Motion must state grounds and bear authorised signature (Order 52 r.3; Order 5 r.1(5)).
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3 October 2025 |
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Court may summon a drafter/attesting witness to prove authenticity of a disputed trust deed without prior refusal.
Civil procedure – witness summons – Section 22 & Order 16 – court’s wide discretion to summon witnesses whose attendance is necessary to ascertain authenticity of a disputed document; no prior refusal required; registration with URSB not determinative of evidential necessity.
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3 October 2025 |
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Court severed joint tenancy, awarding applicant larger share after finding respondent made no contribution.
Land law – Joint tenancy – Severance – Section 56 Registration of Titles Act – presumption of equal shares rebuttable by evidence of contribution; Family property – equitable distribution; Title rectification and issuance of separate deeds; Burden of proof and standard (balance of probabilities).
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2 October 2025 |
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Bail granted after material change due to incomplete investigations and presence of substantial, traceable sureties.
* Criminal procedure – Bail pending trial – Successive bail applications – Material change in circumstances required to reconsider previously refused bail. * Bail criteria – Fixed abode and substantial sureties – LC1 introductions and national IDs as evidence of traceability. * Constitutional rights – Presumption of innocence and right to personal liberty balanced against ongoing investigations and interests of justice. * Trial on Indictments Act and Bail Guidelines – factors to determine risk of absconding and suitability of sureties.
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1 October 2025 |
| September 2025 |
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A court appoints the mother guardian and authorizes sale of jointly owned land to secure the minor's welfare.
* Children law – Guardianship – appointment of biological parent as legal guardian to manage a minor’s estate; * Parens patriae and welfare principle – child’s best interests paramount; * Consent of a minor of understanding – weight of child's wishes in property transactions; * Authorization to sell jointly owned land for minor’s benefit; * Protective measures – requirement for accounting and proof of reinvestment of proceeds.
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30 September 2025 |
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Court refused to endorse a consent judgment because it would pre-determine a pending judicial review over cancelled land titles.
Land law – consent judgment – endorsement refused where pending judicial review challenges cancellation of titles; settlement may pre-determine administrative acts and affect other parties.
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30 September 2025 |
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Registered title upheld; defendants’ entries were trespass; injunction, damages and costs awarded.
Land law – Registration of Titles Act – Certificate of title presumptively conclusive; fraud required to impeach title. Land law – Kibanja/sale agreements – informal/partial payment agreements may constitute loans, not transfers. Tort – Trespass – elements: ownership/possession, entry and unlawfulness satisfied; remedies: declarations, injunction, special, general and exemplary damages, costs and interest.
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26 September 2025 |
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Appointment of a biological parent as legal guardian to sell and reinvest at-risk property is in the minors’ best interests.
Children – guardianship – appointment of biological parent as legal guardian – property management – best interests of the child – welfare principle – threat to minor’s property – no conflict of interest – formal judicial oversight.
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10 September 2025 |
| August 2025 |
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A bail application in a money laundering case was transferred to the Anti-Corruption Division for proper and specialized handling.
Criminal procedure – Jurisdiction – Specialized divisions of the High Court – Transfer of cases involving complex offenses – Money laundering – Administrative efficiency and judicial expertise – Bail application and forum allocation.
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29 August 2025 |
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A court resolved property rights between cohabiting parties, denying joint tenancy due to lack of contribution and applying equity in division.
Property law – Cohabitation – Beneficial and legal interests – Joint tenancy rebuttable by evidence of non-contribution and no common intention – Equity in distribution of property upon end of cohabitation – Amendment of land titles to reflect true ownership.
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29 August 2025 |
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Bail was denied in a capital offence case due to the applicant’s failure to show exceptional circumstances and present credible sureties.
Criminal procedure – bail – aggravated defilement – requirement for exceptional circumstances in capital offences – presumption of innocence – credible sureties – exercise of judicial discretion.
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28 August 2025 |
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The court admitted a late affidavit and ordered production of key documents referenced in affidavits for inspection in a human rights case.
Civil procedure – Late filing of affidavit – Admission in interest of justice – Discovery – Relevance and inspection of documents – Human rights application – Constructive possession by Attorney General
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25 August 2025 |
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Mandatory bail is not available where the applicant has already been committed to the High Court for trial.
Criminal procedure – mandatory bail – Article 23(6)(c) of the Constitution – eligibility – effect of committal to High Court for trial – aggravated robbery – right to bail upon delay in committal – dismissal of application post-committal.
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20 August 2025 |
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Bail granted in aggravated robbery case due to applicant's fixed abode and substantial sureties, subject to strict conditions.
Criminal procedure – bail application – fixed place of abode – substantial sureties – judicial discretion – balancing presumption of innocence and risk of absconding – aggravated robbery charge – stringent bail conditions.
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20 August 2025 |
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The court acquitted the accused of murder, citing lack of direct or credible evidence linking him to the offence.
Criminal Procedure – murder – prima facie case – sufficiency of evidence – hearsay evidence – participation of accused – acquittal on no case to answer.
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20 August 2025 |
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Preliminary objections must be addressed after the scheduling conference and closure of pleadings, per Civil Procedure Rules and Supreme Court authority.
Civil procedure – Scheduling conference – Preliminary objections – Whether preliminary objections on law may be determined prior to scheduling – Binding effect of Supreme Court precedent requiring all preliminary matters to await the scheduling conference after close of pleadings.
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19 August 2025 |
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Judgment and decree set aside for lack of service and fraudulent representation; land restored and dispute to be reheard on merits.
Civil procedure – review of judgment – lack of service – fraudulent representation – error apparent on the face of the record – right to be heard – restitution of property – remedies for deprivation of property without due process.
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18 August 2025 |
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Bail was denied in a capital offence case due to lack of exceptional circumstances, risk of absconding, and public interest concerns.
Criminal law – Bail – Capital offences – Aggravated robbery – Requirement for exceptional circumstances – Risk of absconding – Interests of justice – Fixed place of abode – Substantial sureties – Discretion of the court.
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13 August 2025 |
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Accused persons acquitted of aggravated robbery due to prosecution's failure to adduce direct evidence or credible identification.
Criminal law – Aggravated robbery – Standard of proof – Hearsay evidence – Admissibility – Alibi – Identification – Burden of proof – Failure to adduce key witnesses – Acquittal for lack of evidence linking accused.
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13 August 2025 |
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An accused was acquitted of aggravated defilement after the prosecution failed to adduce sufficient evidence linking him to the offence.
Criminal law – aggravated defilement – prima facie case – standard of proof – hearsay evidence – sufficiency of evidence to establish participation – acquittal on no case to answer.
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13 August 2025 |
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The court convicted the accused of aggravated robbery after finding all legal elements proved beyond reasonable doubt.
Criminal law – aggravated robbery – proof of theft, violence, use or threat of use of a deadly weapon, and participation of accused – assessment of identification evidence – standard of proof beyond reasonable doubt – presumption of innocence.
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13 August 2025 |
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Acquittal for aggravated defilement due to reasonable doubt regarding the accused’s identification as perpetrator.
Criminal law – Aggravated defilement – evidence – burden and standard of proof – identification – alibi – reasonable doubt – acquittal for failure to prove perpetrator’s identity.
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13 August 2025 |
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Where prosecution fails to directly and reliably link accused to a murder, an acquittal is warranted for want of proof beyond reasonable doubt.
Criminal law – murder – elements of the offence – circumstantial evidence – standard of proof – hearsay evidence – defence of alibi – burden of proof – failure to directly link accused to crime – acquittal due to lack of corroborative and reliable evidence.
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13 August 2025 |
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The court convicted the accused of aggravated defilement after finding corroborated evidence that he committed a sexual act against a child under 14.
Criminal law – Aggravated defilement – Elements of the offence – Proof of age, sexual act, and identification – Child witness unsworn testimony – Corroboration – Standard of proof – Alibi defence and credibility.
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13 August 2025 |
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Material contradictions in the prosecution evidence warranted acquittal for aggravated defilement, as guilt was not proven beyond reasonable doubt.
Criminal law – Aggravated defilement – Standard of proof – Contradictions and inconsistencies in prosecution evidence – Identification evidence – Alibi defence – Evaluation of witness credibility – Acquittal where guilt not proven beyond reasonable doubt.
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13 August 2025 |
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The court acquitted the accused of aggravated defilement due to insufficient admissible and corroborated evidence directly linking him to the offence.
Criminal law – aggravated defilement – proof beyond reasonable doubt – hearsay evidence – circumstantial evidence – requirement for corroboration – admissibility of evidence in sexual offence cases – protection of the accused’s fair trial rights in the absence of direct testimony.
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13 August 2025 |
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The court convicted the accused for murder after finding credible eyewitness and medical evidence of active participation in a fatal mob assault.
Criminal law – murder – proof of elements – identification evidence – malice aforethought – mob justice – evidentiary burden.
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5 August 2025 |
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Acquittal for aggravated defilement due to lack of victim’s testimony and failure to disprove the accused’s alibi.
Criminal law – aggravated defilement – proof beyond reasonable doubt – need for victim’s testimony to corroborate medical evidence – prosecution’s duty to disprove alibi – acquittal where essential elements not proved.
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5 August 2025 |
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Where victim testimony is absent, aggravated defilement charges cannot be sustained solely on corroborative or hearsay evidence.
Criminal law – aggravated defilement – proof beyond reasonable doubt – evidentiary requirements – absence of victim testimony – acquittal for insufficient evidence.
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5 August 2025 |
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A mortgagee may lawfully obtain vacant possession and evict a defaulting mortgagor after compliance with statutory foreclosure requirements.
Mortgage law – Foreclosure – Default under mortgage – Compliance with statutory notice requirements – Validity of contractual interest provisions – Right to vacant possession upon default – Corporate affidavits and principal officers – Costs follow the event.
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4 August 2025 |
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The court granted a Certificate of Urgency for expedited hearing during court vacation to prevent imminent loss of property.
Civil procedure – urgency – certificate of urgency – criteria for granting certificate of urgency for hearing during court vacation – risk of irreparable harm and loss of property.
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4 August 2025 |
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Court grants certificate of urgency for an application to be heard during court vacation to prevent substantial loss to the applicant.
Civil procedure – certificate of urgency – hearing an application for stay of execution during court vacation – requirements for urgency – preservation of applicant's rights – prejudice to respondents.
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1 August 2025 |
| July 2025 |
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The accused was found not guilty by reason of insanity for aggravated defilement and ordered to custody as a criminal lunatic.
Criminal Law - Aggravated defilement - Defense of insanity - Burden of proof on prosecution for each element of the crime.
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31 July 2025 |
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The accused was convicted of aggravated defilement based on evidence of age, sexual act, and identification.
Criminal Law – Aggravated Defilement – Proof of essential ingredients – Underage victim – Sexual act – Identification of accused.
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31 July 2025 |
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Applicant granted mandatory bail due to excessive remand period without committal; conditioned to ensure court attendance.
Criminal procedure – Bail – Mandatory bail under Article 23(6)(c) – Conditions for bail ensuring trial attendance.
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30 July 2025 |
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Applicants charged with aggravated robbery denied bail due to lack of exceptional circumstances, high abscondment risk, and pending trial.
Criminal procedure – bail application – aggravated robbery – mandatory bail – prolonged remand – committal for trial – discretionary bail – exceptional circumstances – identification requirements – public interest and risk of abscondment.
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30 July 2025 |
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Bail for aggravated defilement granted, subject to production of identification and compliance with strict conditions ensuring court supervision.
Criminal law – bail – aggravated defilement – right to apply for bail – fixed abode – substantial sureties – identification documentation – risk of absconding – court’s discretion – conditions for bail.
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30 July 2025 |
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Bail granted pending trial for aggravated defilement, contingent on applicant presenting identification.
Criminal Law - Bail application - Aggravated defilement - Conditions for granting bail - Identification requirements
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30 July 2025 |
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The applicant was granted mandatory bail after exceeding 180 days in remand without committal, subject to reasonable conditions.
Criminal procedure – bail – mandatory bail under Article 23(6)(c) of the Constitution – remand exceeding 180 days without committal – right to liberty and presumption of innocence – requirements for substantial sureties – court’s discretion to impose reasonable bail conditions.
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30 July 2025 |
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Court dismissed the applicant’s bail application for aggravated robbery due to committal for trial and lack of exceptional circumstances.
Criminal law – bail application – mandatory bail under Article 23(6)(c) of the Constitution – committal to the High Court – discretionary bail – exceptional circumstances – risk of absconding – gravity of offence.
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30 July 2025 |
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A court must grant mandatory bail where an accused has been on remand over 180 days without committal for trial.
Criminal procedure – Bail – Mandatory bail – Extended pre-committal remand – Article 23(6)(c) of the Constitution – Reasonable bail conditions – Substantial sureties – Fixed place of abode – Right to liberty – Presumption of innocence.
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30 July 2025 |
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The court convicted the accused of aggravated robbery, disproving his alibi through reliable witness identification.
Criminal law – Aggravated robbery – Theft and use of deadly weapons – Accused's participation and alibi – Proper identification conditions.
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30 July 2025 |