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Citation
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Judgment date
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| March 2024 |
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13 March 2024 |
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1 March 2024 |
| February 2024 |
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23 February 2024 |
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22 February 2024 |
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2 February 2024 |
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1 February 2024 |
| January 2024 |
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29 January 2024 |
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19 January 2024 |
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19 January 2024 |
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17 January 2024 |
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17 January 2024 |
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12 January 2024 |
| December 2023 |
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Court upheld 20% interest on damages but ordered interest to run from commencement of the suit to payment.
Civil procedure – Interest on money adjudged – Section 26 Civil Procedure Act – discretionary award of interest; Damages – general damages for wrongful deductions from retirement package; Appellate review – interference with discretionary awards only if misdirected or plainly wrong; Accrual of interest – ordinarily from commencement of suit to payment in full unless court orders otherwise.
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6 December 2023 |
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6 December 2023 |
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6 December 2023 |
| November 2023 |
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A civil‑appeal judgment is a nullity where a participating three‑judge panel member’s opinion is not embodied in a written, signed judgment.
Constitutional and procedural law — Court of Appeal composition — Article 135(1) requires an uneven number not less than three for civil appeals — Judicature (Court of Appeal Rules) Directions r.33(5) requires separate signed judgments in civil appeals unless unanimity and presiding judge directs otherwise — absence of a written and signed judgment from a participating member renders the decision a nullity — remedy: set aside and remit for rehearing.
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29 November 2023 |
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29 November 2023 |
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17 November 2023 |
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Supreme Court upheld consecutive cumulative sentences and compensation, finding sentencing discretion properly exercised.
Criminal law — sentencing — mitigation and aggravating factors; credit for remand time; consecutive v concurrent sentences under Trial on Indictment Act; appellate review in second appeal; compensation for stolen property.
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15 November 2023 |
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10 November 2023 |
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7 November 2023 |
| October 2023 |
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24 October 2023 |
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24 October 2023 |
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19 October 2023 |
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Illegality of security does not extinguish underlying loan; bank’s recovery and guarantees were upheld.
Banking and contract law — loan facility enforceable despite invalid mortgage security — distinction between debt and collateral; consent/judgment on admission — appealability; banker-customer obligations — letters of credit, account management, interest variation, currency conversion; guarantor liability — independence of guarantees
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13 October 2023 |
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Illegality of a mortgage does not extinguish the loan; guarantees enforceable and appeal dismissed.
Banking and contract law – distinction between loan facility and security; illegality of a mortgage does not extinguish the underlying debt; ex turpi causa inapplicable to separate loan obligation; judgment on admission/consent judgments arising from parties' agreement; banker-customer obligations regarding letters of credit, account management, interest revisions and foreign currency conversions; enforceability of independent personal guarantees.
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13 October 2023 |
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13 October 2023 |
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13 October 2023 |
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13 October 2023 |
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DNA, identification and detainee-confessions corroborated the circumstantial case; convictions affirmed and concurrent 30-year terms imposed.
Criminal law – second appeal standards; DNA evidence and chain of custody; identification evidence and conditions for reliable ID; admissibility and weight of confessions made to fellow detainees; circumstantial evidence standards; sentencing and effect of remand time precedent.
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12 October 2023 |
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12 October 2023 |
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12 October 2023 |
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Circumstantial and corroborated accomplice evidence can sustain a kidnap conviction; burden of proof did not shift to the appellant.
Criminal law – Kidnap with intent to procure ransom – conviction based on circumstantial evidence – willful blindness and conduct as corroboration – accomplice evidence treated with caution and corroborated – burden of proof remains on prosecution
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11 October 2023 |
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5 October 2023 |
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5 October 2023 |
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Review refused: special certificate cancelled for registrar's error; fraud-based cancellation requires court action, proprietorship unaffected.
Land law — s.91 Land Act — special certificate of title issued in error — Registrar's power to cancel; fraud versus error — fraud-based impeachment of title reserved to courts under RTA ss.59,77,176–177; review and slip rule — limits of inherent jurisdiction of final court.
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5 October 2023 |
| September 2023 |
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20 September 2023 |
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15 September 2023 |
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Lodging an objection and paying 30% does not suspend penal tax under VATA; penal interest accrues from the due date.
Tax law – Value Added Tax Act s.65(3) – penal tax (interest) accrues on unpaid VAT from due date; no suspension by lodging objection absent clear statutory provision
Tax Appeals Tribunal Act s.15(1) – payment of 30% is procedural for access to TAT, not a statutory stay of penal tax. Statutory interpretation – taxing statutes construed strictly; courts may not read in suspensive effect by intendment. Successor liability – purchaser who assumes liabilities remains liable for assessed tax and penalties
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12 September 2023 |
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Penal interest under VATA accrues from the due date despite TAT objections; no refund of penal interest was ordered.
Tax law – Value Added Tax Act s.65(3) and Fifth Schedule – penal tax as interest – accrual from due date; Tax Appeals Tribunal Act ss.14 & 15(1) – procedural payment of 30% does not suspend penal tax; statutory interpretation – taxing statutes require clear words; courts cannot imply suspension of tax liabilities.
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12 September 2023 |
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12 September 2023 |
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A party may not raise an unpleaded easement claim on second appeal; access‑road disputes are governed by the Access to Roads Act.
Easement/Footpath – whether a long‑used footpath can be relied on as an easement when not pleaded; Access to Roads Act – statutory procedure for creating access roads; Pleadings – prohibition on raising new causes of action on appeal; Private nuisance – obstruction of alleged access when no lawful easement exists; Concurrent findings of fact on second appeal.
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12 September 2023 |
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A litigant represented in a representative action is bound by its orders; absent necessary parties and res judicata render a fresh suit to set aside those orders incompetent.
Representative actions - effect of representative judgments - binding nature on all persons represented; Res judicata - requirements and application where issue (deduction of advocates' fees) previously decided; Non-joinder and audi alteram partem - omission of Attorney General and other beneficiaries renders suit incompetent; Procedure - consent judgments/endorsed compromises and Registrar taxation orders to be challenged by appeal or review, not by fresh plaint; Locus standi - represented persons who consented to representative action lack locus to bring fresh suit challenging its orders
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12 September 2023 |
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Whether a written seven‑day application to the Registrar initiates a timely taxation reference under Rule 106(5).
Civil procedure — Taxation references — Rule 106(5): written application to Registrar within seven days constitutes timely initiation of a reference; Rule 106(5) prescribes timelines for application but not for filing the certified record of reference; filing of record after Registrar certifies proceedings is permissible.
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12 September 2023 |
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Stay of execution granted pending appeal where applicant showed prima facie case, risk of eviction, and no undue delay.
Civil procedure – Stay of execution – Requirements for stay (notice of appeal; prima facie case/high likelihood of success; irreparable harm; balance of convenience; absence of undue delay) – Eviction risk – Contempt of prior conditional order not automatically fatal to stay application
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8 September 2023 |
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6 September 2023 |
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Second appeal dismissed: applicant found to be an adult and both conviction and 26 years 4 months sentence upheld.
Criminal law – second appeal – duty of first appellate court to re-evaluate evidence and reach independent conclusion; standards for interfering with factual findings.* Children Act – determination of age – section 107 inquiry and admissibility of medical evidence.* Evidence – medical report admitted under Section 66 Trial on Indictments Act and weight of such evidence when unchallenged.* Sentencing – appellate review limited; severity of sentence reviewable only on a point of law; aggravating factors and remand deduction.
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6 September 2023 |
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Whether the appellant was a child at the time of the offence and whether the sentence was excessive — both issues upheld against the appellant.
Criminal law – determination of age of accused; admissibility and weight of medical evidence under Section 66 Trial on Indictments Act; assessment and rejection of contested birth document; appellate re-evaluation of evidence; sentence review – legality, aggravation, and remand credit.
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6 September 2023 |
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6 September 2023 |
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On second appeal the Court held the Court of Appeal properly re-evaluated evidence and that the compensation order was lawful; appeal dismissed.
Criminal law – Appeal on points of law from conviction not punishable by death – duty of first appellate court to re-evaluate evidence; Evidence – direct and circumstantial evidence standards; Compensation in criminal proceedings – section 126 Trial on Indictments Act; Insurance indemnity and public policy vis-à-vis compensation
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5 September 2023 |
