|
Citation
|
Judgment date
|
| December 2017 |
|
|
|
20 December 2017 |
|
|
20 December 2017 |
|
|
20 December 2017 |
| November 2017 |
|
|
An appellate court lacks jurisdiction to stay execution of a High Court order that has already expired.
Stay of execution; jurisdiction to stay expired orders; mootness of appeal where impugned order has ceased to exist; preconditions for stay (notice of appeal; likelihood of success; irreparable harm; balance of convenience) rendered irrelevant when underlying order expired; appellate court cannot decide stay after expiry; extension of trial court order is matter for trial court.
|
24 November 2017 |
|
|
7 November 2017 |
|
|
2 November 2017 |
| October 2017 |
|
|
|
23 October 2017 |
|
Court affirms judicial discretion in deferring rulings on preliminary objections, and confirms cause of action was disclosed.
Civil Procedure – discretion to defer ruling on preliminary objection – cause of action determination under Order 7 Rule 11 – judicial discretion and standards.
|
11 October 2017 |
|
The Court upheld a kidnapping-with-intent conviction based on corroborated accomplice evidence and affirmed life imprisonment.
* Criminal law – Second appeal – duty of first appellate court to re-evaluate evidence. * Criminal law – Accomplice evidence – requirement and nature of corroboration; independent and circumstantial corroboration sufficient in material particulars. * Criminal law – Kidnapping with intent to murder – ritual killing of a child. * Sentencing – life imprisonment; appellate review limited unless manifestly excessive or wrong in principle.
|
6 October 2017 |
|
|
6 October 2017 |
Civil Procedure|Appeals and reviews |
5 October 2017 |
| September 2017 |
|
|
|
20 September 2017 |
|
Criminal law
|
20 September 2017 |
|
Appellate court upheld conviction, refused late supplementary ground, and held a 22-year sentence lawful.
Criminal law – aggravated defilement – credibility and corroboration of child complainant; appellate re-evaluation of evidence; procedural rules for lodging supplementary grounds of appeal; assessors' oaths; sentencing law – validity of fixed-term sentences exceeding statutory 20-year deeming of life imprisonment; scope of appellate review on sentence.
|
20 September 2017 |
|
Criminal law|Evidence Law
|
15 September 2017 |
Civil Procedure|Criminal law
|
15 September 2017 |
| August 2017 |
|
Civil Procedure|Human Rights|Liberty |
16 August 2017 |
Civil Remedies|Strike-Out
|
16 August 2017 |
|
|
14 August 2017 |
|
|
10 August 2017 |
|
Criminal law|Evidence Law
|
2 August 2017 |
| July 2017 |
|
|
Civil Procedure|Appeals and reviews|Notice of Appeal
|
19 July 2017 |
|
Foreign marriage recognised for succession; spouse living abroad disqualified under s.30; Administrator General’s grant upheld.
Succession – validity of foreign marriage – marriage celebrated abroad recognised for succession if valid where celebrated; Customary marriage – cannot subsist where valid prior foreign marriage exists; Administrator General – procedural hearing requirement, but failure may not void grant absent miscarriage of justice; Succession Act s.30 – separation as household member disqualifies spouse from intestate share; Residential occupation – minor children’s welfare justifies temporary occupancy and may be accounted as part of their share.
|
10 July 2017 |
|
|
10 July 2017 |
Civil Procedure|Appeals and reviews|Role of Appellate Court |
10 July 2017 |
| June 2017 |
|
|
Leave granted to appeal to resolve substituted service, appellate limits when setting aside ex parte judgments, and third‑party interests.
Appeals – Third appeal (section 6(2) Judicature Act; Rule 39) – Leave where Court must see that justice is done; Civil procedure – substituted service (Order 5 r.18 CPR) – effectiveness and prior authority; Appellate jurisdiction – limits when setting aside ex parte judgments; Protection of third-party bona fide purchasers and estate beneficiaries.
|
16 June 2017 |
|
Second Appeal|Criminal law
|
16 June 2017 |
|
Civil Procedure|Review of Judgment
|
16 June 2017 |
|
Criminal law
|
16 June 2017 |
|
Criminal law
|
15 June 2017 |
|
Civil Procedure|Appeals and reviews
|
8 June 2017 |
| May 2017 |
|
|
|
29 May 2017 |
|
Civil Procedure
|
29 May 2017 |
|
Constitutional Law|Constitutional Interpretation
|
22 May 2017 |
|
Supreme Court holds Rules Committee validly made procedural rules for enforcement of constitutional rights; Rules are constitutional.
Constitutional law – enforcement of fundamental rights – Article 50(1) and (4) – whether procedural rules made by Rules Committee under Judicature Act valid; Statutory instruments – section 41(5) Judicature Act – requirement to lay rules before Parliament and effect of failure to lay; Separation of powers – Parliament’s duty to enact enabling law under Article 50(4) but procedural rules by judiciary remain valid until annulled; Constitutional procedure – duty of Constitutional Court to answer referred question and give guidance to trial court.
|
22 May 2017 |
|
Civil Procedure
|
17 May 2017 |
|
Civil Procedure|Appeals and reviews
|
5 May 2017 |
|
Chief Justice may designate magistrates to assist a High Court division without altering composition or denying fair hearing.
Constitutional law — Chief Justice administrative powers (Art.133) — Practice Directions establishing High Court Anti‑Corruption Division — "Designated magistrates" as assistants, not members of High Court (Art.138) — Interaction with Magistrates Courts Act (ss.6,7,161) — Territorial jurisdiction and right to fair hearing (Arts.28,44) — No nullity absent evidence of acting beyond jurisdiction.
|
5 May 2017 |
|
|
5 May 2017 |
|
|
4 May 2017 |
| April 2017 |
|
|
|
28 April 2017 |
|
|
28 April 2017 |
|
|
28 April 2017 |
|
|
28 April 2017 |
|
|
26 April 2017 |
|
Criminal law
|
19 April 2017 |
|
Land
|
6 April 2017 |
Civil Procedure|Appeals and reviews|Notice of Appeal
|
6 April 2017 |
|
Retracted confessions properly admitted and corroborated; common intention proved, so conviction and 28-year sentence upheld.
• Evidence — Confession — Trial-within-a-trial — Voluntariness and admissibility of retracted/repudiated confessions; same officer recording statements distinguished where taken days apart and in local language. • Corroboration — Confession may suffice if true; physical and eyewitness evidence corroborating confession (hammer with blood, deceased’s shoes, witnesses' testimony). • Criminal law — Common intention (s.20 Penal Code) — joint liability where participants combine for same illegal purpose. • Sentence — Appellate interference limited to illegality or manifest excess; 28-year term upheld.
|
6 April 2017 |
|
|
6 April 2017 |
