|
Citation
|
Judgment date
|
| 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 stays require compelling circumstances; a pending appeal alone does not justify automatic stay of execution.
Civil procedure – interim stay of execution – r.1(3) Supreme Court Rules – ex parte relief exceptional and requires compelling circumstances; intention to appeal alone insufficient. Interim relief – urgency and irreparable harm – applicant must show notifying respondent would defeat ends of justice. Execution of guarantee – stale bank draft and threatened enforcement do not automatically justify ex parte stay.
|
13 December 2004 |
|
Notice of appeal or urgency alone does not justify ex parte stay; applicant must show compelling risk of irreparable loss.
Civil procedure – Interim relief – Ex parte interim stay of execution – r.1(3) of Supreme Court Rules – granted only to achieve ends of justice or prevent abuse of process. Civil procedure – Effect of Notice of Appeal – filing a Notice of Appeal does not automatically stay execution; applicant must show sufficient cause and risk of irreparable loss. Civil procedure – Urgency and certificates – urgency alone does not justify ex parte relief where opposing party can be heard. Practice – Applicant must ordinarily proceed inter partes unless exceptional circumstances make that impossible or defeat justice.
|
13 December 2004 |
| November 2004 |
|
|
|
30 November 2004 |
|
A confession recorded in English can be admissible if voluntarily made, read back in vernacular, and corroborated by other evidence.
Evidence – Extra-judicial statements – admissibility – voluntariness is decisive; procedural guidelines non‑compliance not automatically fatal. Criminal procedure – recording of statements – language of communication and read‑back in vernacular. Evidence – Identification – reliance on single child witness requires caution and corroboration. Criminal appeal – adequacy of defence – complaints not raised at trial or on first appeal are untimely. Circumstantial evidence – disappearance, arrest location and confessional statement may corroborate identification.
|
29 November 2004 |
|
|
14 November 2004 |
| October 2004 |
|
|
Administrator General held vicariously liable for employees’ conversion; bank not shown negligent; damages recalculated and reduced.
Trusts and administration of estates – vicarious liability for employees' conversion of trust funds; bank negligence and third‑party joinder; evidential status of agreed documents from scheduling conferences; proper measure of damages for long‑standing diversion of trust funds (simple interest vs FVIF).
|
12 October 2004 |
| September 2004 |
|
|
First appellant’s aggravated robbery conviction upheld; second and third acquitted due to unsafe identification evidence.
Criminal law – Aggravated robbery – Threatened use of a deadly weapon suffices for aggravated robbery; recovery and testing of weapons may support identification. Evidence – Identification evidence – Where conviction depends solely on eyewitness ID, courts must test reliability with caution; consider factors favouring and undermining identification, including possible influence of local suspicion and failure to conduct identity parade. Criminal procedure – Mischaracterisation of a confession implicating others is a material misdirection.
|
23 September 2004 |
|
An Act passed after the Article 271(2) deadline was void, but referral to Standing Committees and parliamentary voting method did not render it invalid; referendum not nullified.
Constitutional law – validity of parliamentary enactment – challenge to expired statute – Article 271(2) timing requirements for referendum legislation – Article 89 voting procedure – Article 90 Standing Committees – Article 69 free and fair referendum – Committee of the Whole House vs Standing Committee.
|
2 September 2004 |
|
The court refused to admit additional evidence or review its judgment based on counsel's error and delay after the appeal's conclusion.
Constitutional procedure – Review of Supreme Court judgment – Admission of additional evidence after disposal of appeal – Requirements for adducing additional evidence – Counsel's negligence – Finality of litigation – Delay in bringing application.
|
2 September 2004 |
|
Court upheld conviction: reliable single‑witness identification corroborated by strong circumstantial evidence; alibi rejected.
Criminal law – Identification evidence – single identifying witness – adequacy of observational conditions and preference of in‑court testimony over unproved police statement. Criminal law – Circumstantial evidence – apprehension near scene, furtive movements, wet clothes, possession of money/bags, use of stick corroborate identification. Criminal law – Alibi – requirements for acceptance and appellate deference to trial judge’s credibility findings.
|
1 September 2004 |
|
Single-witness identification corroborated by circumstantial evidence upheld; alibi rejected and appeals dismissed.
Criminal law – Identification evidence by single witness – conditions for identification; Circumstantial evidence – corroboration of eyewitness identification (wet clothes, route, possession of money, stick, furtive conduct); Alibi – proof and rejection; Use of prior police statements where recording officer not called.
|
1 September 2004 |
| August 2004 |
|
|
A successor advocate may not claim previous advocate’s fees in a single bill; prior advocate’s bill must be annexed as disbursement.
Civil procedure – taxation of costs – change of advocates – paragraph 16(1)–(2) 3rd Schedule to the Rules – successor advocate must annex prior advocate's bill and show totals as disbursement; bill of costs must be a true factual account; advocate cannot claim for services not performed.
|
29 August 2004 |
|
|
29 August 2004 |
|
|
4 August 2004 |
| July 2004 |
|
|
Circumstantial evidence (threats, suspicious conduct, victims' clothes found) supported the applicant's murder convictions.
Criminal law – Murder – Circumstantial evidence – Standard for conviction on circumstantial evidence – behaviour of accused, prior threats, discovery of victims' clothing – sufficiency to exclude reasonable alternative hypotheses.
|
29 July 2004 |
|
Credible dying declaration and strong circumstantial evidence upheld a murder conviction and death sentence.
Criminal law – Murder – Circumstantial evidence and dying declaration – Admissibility and reliability of dying declarations – Chain of custody of exhibits – Flight as evidence of consciousness of guilt – Alibi insufficient to raise reasonable doubt.
|
22 July 2004 |
|
Circumstantial evidence that admits reasonable innocent explanations cannot sustain a manslaughter conviction.
Criminal law – Circumstantial evidence – requirement that facts be incompatible with innocence and incapable of explanation by any reasonable hypothesis other than guilt. Criminal law – Standard of proof in circumstantial cases – need for absence of co-existing circumstances that weaken inference of guilt. Appeal – substitution of conviction – appellate courts must ensure circumstantial evidence meets requisite standard before substituting verdicts.
|
22 July 2004 |
| June 2004 |
|
|
|
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 |
|
Whether a registered title relates to disputed land and whether the appellate court failed to re-appraise evidence.
Land law – certificate of title under the Registration of Titles Act – effect confined to particulars in the certificate; survey and office correspondence may show title issued in error. Appellate procedure – duty of first appellate court to re-appraise evidence. Res judicata – earlier judgment binds on portions previously adjudicated. Evidence – additional commission and surveyor reports admissible where parties had opportunity to cross-examine; absence from initial investigation does not automatically breach natural justice.
|
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 |
|
Where both parties acted unreasonably over revised ground rent, neither is entitled to costs; each party to bear its own costs.
Civil procedure – costs after settlement; landlord-tenant – disputed ground rent following statutory reassessment; conduct of parties and award of costs; equitable principle of 'clean hands' and appropriateness of costs orders where both parties contributed to litigation.
|
22 June 2004 |
|
Circumstantial evidence, admissions and flight established malice aforethought despite inconclusive medical causation; custody statement required trial within a trial.
Criminal law – murder – malice aforethought may be inferred from actus reus and attendant circumstances where nexus to death is established. Evidence – circumstantial evidence, admissions and flight as proof of intent. Evidence – extra‑judicial statements recorded in police custody require a trial within a trial to determine voluntariness before admission.
|
18 June 2004 |
| May 2004 |
|
|
|
26 May 2004 |
|
Confession held voluntary; circumstantial evidence corroborated it, alibi rejected and appeal dismissed.
Criminal law – murder – confession and voluntariness – trial-within-a-trial – effect of post-arrest beating – circumstantial evidence corroboration – alibi disproved.
|
18 May 2004 |
|
|
18 May 2004 |
| April 2004 |
|
|
|
21 April 2004 |
|
Preliminary objections cannot decide disputed factual or documentary issues; such matters require trial evidence, and a late notice for affirmation was struck out.
Civil procedure – preliminary objection – whether plaint discloses cause of action – factual disputes and documentary issues not resolvable on preliminary objection; late service of notice for affirmation; interpretation of "jointly and severally liable" as indicating cause to be sued, not final liability.
|
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 |
|
Appellant's confession deemed voluntary despite prior assault by crowd; corroborated evidence upheld convictions and sentence.
Criminal law – admissibility of confession – voluntariness where accused alleges prior beating by third parties; confession after crowd assault held voluntary. Evidence – corroboration of confession by independent witnesses and discovery of murder weapon. Accomplice evidence – corroboration may render accomplice testimony admissible and reliable. Appellate review – Court of Appeal and Supreme Court re-evaluated evidence and affirmed convictions.
|
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 |
