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59 judgments found.
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December 2004
Appellant failed to prove discharge of overdraft; appellate court properly re‑evaluated evidence and appeal is dismissed with costs.
Banking law — Overdraft facility — Unapplied interest kept in suspense account after classification as non‑performing asset — Rights to retain securities — Appellate review and re‑evaluation of evidence (Judicature Act s.11; Rule 19).
21 December 2004
Court granted extension and validated a late-filed appeal due to counsel/registry errors; costs in the cause.
Civil procedure — Rule 4 — extension of time to do an act — validation of documents filed out of time; mistake/inadvertence of former counsel and registry errors — not to be visited on litigant; allegations of back-dating/tampering — burden to prove.
20 December 2004
20 December 2004
19 December 2004
Appeal dismissed: Act No.9/1982 nullified pre-1983 transfers and the Court of Appeal’s judgment in rem bound the appellants.
Expropriated Properties Act s.15 — character of appeals under s.15 — procedure; Jurisdiction — right of second appeal to Supreme Court; Res judicata — judgment in rem determining status of land binds strangers; Effect of Act No.9/1982 — nullification of pre-1983 transfers; Locus standi/aggrieved person under s.15.
16 December 2004
16 December 2004
15 December 2004
Ex parte interim stay pending appeal is exceptional; a notice of appeal alone does not justify stay.
Civil procedure — Interim stay of execution — Ex parte relief — Requirements under r.1(3) of the Supreme Court Rules
Appeal — Effect of Notice of Appeal — Filing a notice of appeal does not automatically justify stay of execution — Applicant must show irreparable loss and that inter partes hearing would defeat justice
13 December 2004
Ex parte interim stay pending appeal requires compelling, demonstrable grounds; a notice of appeal alone is insufficient.
Civil procedure — Stay of execution — Ex parte interim stay pending appeal — Requirements under r.1(3): ends of justice and prevention of abuse — Notice of appeal not automatic stay
13 December 2004
November 2004
30 November 2004
Breach of recording guidelines does not invalidate a confession if it was voluntary and corroborated by other evidence.
Criminal law
— Evidence — Confession — Recording language and procedure — Voluntariness governs admissibility
— Identification — Single witness (child) identification — Need for caution and corroborative evidence
Criminal procedure — Right to effective representation — Failure to raise complaint at trial or on first appeal — Not a ground on further appeal
29 November 2004
14 November 2004
October 2004
Administrator‑General held vicariously liable for employees' misappropriation; bank negligence not proved; damages recalculated using simple interest.
Civil procedure — Scheduling conference — Agreed documents — Admissibility and evidential value
Trusts/Administration of estates — Administrator‑General — Vicarious liability for employees who misappropriate estate funds
Banking law — Banker negligence and third‑party indemnity — Requirement of proof and proper joinder of bank when seeking indemnity
12 October 2004
September 2004
Aggravated robbery upheld for the confessor; co‑accused convictions quashed for unreliable identification.
Criminal law — Robbery — Aggravated robbery — Threatened use of a deadly weapon constitutes use under s.273(2) of the Penal Code Act
Criminal procedure
— Identification evidence — Night-time identifications — Need for greatest caution and exclusion of possibility of mistake
— Arrest and identification — Influence of local suspicion and absence of identification parade may undermine identification reliability
23 September 2004
Act invalid for breaching Article 271(2); Parliament not obliged to refer every Bill to Standing Committees; referendum not declared void.
Constitutional law
— Legislative procedure — Referral of Bills to Standing Committees — Article 90
— Transitional provisions — Timing of referendum legislation and canvassing period — Article 271(2)
— Referendum validity — Free and fair choice and political organisation regulation — Article 69
2 September 2004
Court refused to reopen the appeal or admit fresh evidence, finding no due diligence or exceptional circumstances.
Constitutional law — Recall/variation of judgment — Inherent powers under Rule 1(3) to set aside judgments after disposal of appeal
Evidence — Admission of additional evidence post-appeal — Exceptional circumstances; due diligence; relevance; credibility; no undue delay
Civil procedure — Counsel error — Alleged negligence of counsel does not automatically justify reopening finally disposed litigation
2 September 2004
Eyewitness identification and corroborative circumstantial evidence upheld; alibi rejected and appeals dismissed.
Criminal law
— Identification evidence — Single identifying witness — Conditions for reliable identification
— Evidence — Circumstantial evidence as corroboration — Arrest location, wet clothes, furtive movements, possession of items
— Defence — Alibi — Rejection where inconsistent with witness accounts and circumstances of arrest
1 September 2004
Whether single‑witness identification corroborated by circumstantial evidence justified upholding convictions and rejecting alibi.
Criminal law — Offences against the person — Aggravated robbery with fatal stabbing — Identification by single witness and corroboration by circumstantial evidence
Criminal law — Evidence
— Identification — Conditions for reliable identification; weight of in‑court testimony versus unsworn police statement
— Circumstantial evidence and alibi — Furtive movements, wet clothing, possession of money and conduct on arrest as corroboration
1 September 2004
August 2004
Successor advocate may not lodge a bill claiming fees for work done by a previous advocate; previous bill must be annexed as disbursement.
Practice and procedure — Taxation of costs — Change of advocates — Where advocate changed, bill of first advocate must be annexed and shown as disbursement to current advocate's bill — 3rd Schedule, para 16(1)–(2)
29 August 2004
29 August 2004
4 August 2004
July 2004
Circumstantial evidence — violent history, odd conduct and discovery of victims' clothes upheld appellant's murder convictions.
Criminal law — Murder — Circumstantial evidence — Requirement that exculpatory facts be incompatible with innocence
Evidence — Circumstantial — Combined behavioural evidence and discovery of victims' clothes as an irresistible inference of guilt
29 July 2004
Murder conviction upheld on credible dying declaration and strong circumstantial evidence despite a broken chain regarding the weapon.
Criminal law — Murder — Circumstantial evidence and identification — Sufficiency of evidence to convict
Evidence — Dying declaration — Credibility and reliability of victim’s identification of assailant
Criminal procedure — Chain of custody — Break in evidence regarding weapon not fatal where circumstantial case is strong
22 July 2004
A conviction based solely on circumstantial evidence must exclude all reasonable hypotheses of innocence before it can stand.
Criminal law
— Circumstantial evidence — Sufficiency of proof — Inculpatory facts must be incompatible with innocence and exclude reasonable hypotheses of innocence
— Conviction on circumstantial evidence — Failure to call key investigative witnesses (police) may render inference of guilt unsafe
22 July 2004
June 2004
Appellant withdrew appeal; respondents refused consent under Rule 89(4), prompting registrar to seek court direction on formal dismissal endorsement.
Civil procedure — Appeals — Withdrawal of appeal under court rules — Effect of refusal to consent under Rule 89(4) — Appeal to stand dismissed with costs
30 June 2004
A first appellate court must re-appraise evidence; certificate of title did not relate to the disputed land and respondent failed to prove ownership.
Land law — title under Registration of Titles Act — certificate of title conclusive as to particulars set out but court must establish nexus between those particulars and the land in dispute; appellate procedure — first appellate court's duty to re-appraise evidence; evidence — admissibility and weight of additional evidence taken by a commissioner; res judicata — earlier judgment binding as to parcels previously adjudicated.
22 June 2004
22 June 2004
Appeal allowed: respondent failed to prove title to disputed land; certificate of title did not relate to the suit land.
Land law — Title — Certificate of title — Whether a registered certificate relates to the land in dispute — Effect of survey and registration errors under the Registration of Titles Act
Civil procedure — Appeal — First appellate court duty to re‑appraise evidence — Rehearing, weighing evidence and drawing independent inferences
Evidence — Additional evidence taken by commissioner and locus in quo visits — Admissibility and natural justice considerations
22 June 2004
Second appellate court will not overturn concurrent factual findings absent special circumstances; limitation defence not established.
Land law — possession of kibanja — limitation periods — appellate review of factual findings — role and limits of first and second appellate courts — procedural irregularity in ordering retrial/new suit.
22 June 2004
Appeal allowed: both parties bore blame for the dispute; each must bear own costs.
Civil procedure — Costs — Award of costs after settlement — Whether adverse costs justified where both parties contributed to dispute breakdown
Land law — Lease/sublease — Ground rent revision and re‑entry — Requirement of clear communication and proper notice
22 June 2004
Malice may be inferred from homicidal acts despite inconclusive post‑mortem; custodial statements require trial‑within‑a‑trial.
Criminal law — Murder — Malice aforethought — Inference from homicidal acts and nexus to death where post‑mortem is inconclusive
Criminal procedure — Admissibility of custodial/extra‑judicial statements — Trial‑within‑a‑trial required to determine voluntariness — Duty of trial court despite late objection
18 June 2004
May 2004
26 May 2004
Appeal dismissed: confession voluntary and circumstantial evidence destroyed the appellant's alibi.
Criminal law — Evidence
— Confession — Voluntariness and repudiation — Trial‑within‑a‑trial procedure
— Circumstantial evidence — Corroboration of confession and rejection of alibi
18 May 2004
18 May 2004
April 2004
21 April 2004
Factual disputes over corporate identity and documentary evidence cannot be decided on a preliminary objection; appeal dismissed.
Civil procedure
— Preliminary objection — Cause of action — Whether plaint disclosed cause of action against a director of a borrowing company
— Appeal — Findings of fact on preliminary objection — Factual disputes requiring evidence cannot be resolved on pleadings alone
— Procedure — Notice for affirmation — Compliance with service time limits (Rule 88(1))
20 April 2004
Appeal dismissed: preliminary objection properly rejected; factual disputes about director’s liability and guarantee require trial evidence.
Civil procedure — preliminary objection — cause of action — factual disputes (director’s signature, mortgage, guarantee, identity of borrowing entity) cannot be resolved on preliminary objection; procedural compliance — late service of notice for affirmation struck out (Rule 88).
20 April 2004
March 2004
Soldiers’ routine use of private land for timber and shelter held within course of employment, attracting state vicarious liability.
Torts — Vicarious liability — Employer liable for acts of soldiers who, while stationed nearby, routinely harvested timber and firewood and built huts on private land — unauthorized manner of performing duties does not negate vicarious liability (Muwonge principle applied); evidence and unchallenged testimony of commanding officer relevant to implied authorization; remedy includes damages and injunction.
19 March 2004
Civil Procedure|Appeals and reviews
8 March 2004
A foreign-resident appellant without assets in the forum may be ordered to provide further security for appeal costs where enforcement appears uncertain.
Civil procedure — Security for costs in appeals — r.100(3) and r.108 Supreme Court Rules — discretionary relief; applicant bears burden to show sufficient cause — foreign residence and absence of assets in jurisdiction may justify further security — foreign enforcement requires evidential foundation.
4 March 2004
3 March 2004
February 2004
Completion and filing of Company Form A8 was held to have clearly terminated the appellant’s directorship and membership, removing his standing to petition for winding up.
Company law — effect of Company Form A8 — interpretation of resignation/notification forms — whether completion and filing of Form A8 effected cessation of membership and directorship — locus standi to present a winding‑up petition — evidential significance of corporate conduct.
22 February 2004
Confession after a mob assault was held voluntary and, with corroboration, upheld convictions for murder and aggravated robbery.
Criminal law — Evidence
— Confession — Voluntariness where accused was assaulted by a crowd prior to statement
— Accomplice evidence — Corroboration and effect on conviction
Criminal law — Sufficiency of evidence — Conviction for murder and aggravated robbery upheld
18 February 2004
17 February 2004
The court held that criminalising 'false news' was void for vagueness and unjustified restriction on the applicant's press freedom.
Constitutional law — Freedom of expression and press — Criminal offence for 'false news' — Vagueness and chilling effect — Article 29(1)(a) and limitation test under Article 43(2)(c) — Burden on state to justify restrictions — Constitutional petition vs parallel criminal proceedings — Role of Press and Journalists Act and limits on prosecutorial/censorship discretion.
11 February 2004
Section 50 Penal Code criminalizing "false news" is overbroad, not demonstrably justifiable and is unconstitutional.
Constitutional law — Freedom of expression — Penal provision criminalizing publication of false news (section 50 Penal Code) — overbroad, vague and conjectural restriction — Article 43 limitation must be "acceptable and demonstrably justifiable in a free and democratic society" — reverse onus and chilling effect — statute void; stay of constitutional petition pending criminal trial improper.
11 February 2004
Constitutional Law – Freedom of Expression – Scope and limitations of Press Freedom – Criminalization of false news under the Penal Code Act, Section 50 – Constitutional Inconsistency with Article 29(1)(a) of the Constitution – Standard for Limiting Constitutional Rights under Article 43 of the Constitution – Acceptability and demonstrable justifiability of limitations in a free and democratic society – Test for determining statutory vagueness – Onus on the State to justify derogation of rights – Role of judicial precedents and persuasive authorities in constitutional interpretation – Importance of democratic principles in a constitutional democracy – Courts' duty to strike down legislation incompatible with constitutional guarantees – Burden of proof on the State to establish justification for limitations – Nullity of Section 50 for failure to meet constitutional standards – Costs awarded
10 February 2004
January 2004
Strict compliance with constitutional procedures is mandatory for all amendments; non-compliance renders amendments null and void.
Constitutional law — amendment of Constitution — mandatory procedures for amending the Constitution — jurisdiction of the Constitutional Court to interpret the Constitution — implied and indirect amendments ('amendment by infection') — doctrine of 'colourable legislation' — right of access to information — nullity of unconstitutional amendments — supremacy of constitutional procedure over parliamentary rules.
29 January 2004
The Supreme Court held Act 13/2000 invalid to the extent it restricted access to parliamentary information and breached constitutional amendment procedures.
Constitutional law — Amendment of Constitution — effect, purpose and consequence of amendment — amendment may be by express provision, implication or infection; Chapter Eighteen procedures mandatory for entrenched provisions — Speaker’s and Electoral Commission certificates and 14‑day spacing necessary where applicable; access to information — right under Article 41 cannot be curtailed by parliamentary leave provisions; jurisdiction — Constitutional Court may interpret one constitutional provision against another and declare inconsistency; colourable legislation — Parliament cannot indirectly amend entrenched constitutional rights without prescribed procedure.
29 January 2004
28 January 2004
