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Citation
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Judgment date
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| October 2018 |
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Belief in witchcraft and intoxication do not automatically mitigate murder to avoid the death penalty.
Criminal law – Murder – Sentencing – Extenuating circumstances – Belief in witchcraft – Drunkenness – Supreme Court’s refinement in ABEDINEGO KAPESHI – Mandatory death penalty upheld where no mitigating impairment or genuine belief motive established.
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20 October 2018 |
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Conviction upheld where single witness reliably identified appellants; identification parade fair and alibi rejected as afterthought.
Criminal law – Aggravated robbery – Conviction on single identifying witness – Reliability of identification (opportunity, lighting, duration) – Fairness of identification parade and pre‑exposure – Alibi raised late and uncorroborated – Appeal dismissed.
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15 October 2018 |
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Application to vary dismissal for late service of appeal denied; consolidation application does not cure procedural default.
Civil procedure — Court of Appeal Rules — service of notice and memorandum of appeal within prescribed time — Order 10 Rule 3(9) — consolidation application does not stop time running — Article 118(2) Constitution not a licence to disregard procedural rules — sanction for non-compliance.
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11 October 2018 |
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Non-compliance with service rule not automatically fatal; court may exercise discretion or deem waiver to cure default.
Civil procedure – Court of Appeal Rules Order 10/3(9) – service of notice of appeal and memorandum within 14 days – mandatory wording not necessarily fatal – relief and discretion under Order 13/3 – power to direct service under Order 10/9(12) – waiver by filing response – prejudice assessment.
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4 October 2018 |
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Building on another's land due to a mistaken allocation does not create title; a sitting tenant who purchased during privatization was a bona fide purchaser.
/ Property law – Construction on another's land – Mistaken allocation by a third party does not confer title; / Bona fide purchaser for value – Sitting tenant offered sale during privatization entitled to purchase absent notice; / Formalities and privatization – Asset transfer to privatization agency controls alienation; / Equitable relief/compensation – Building at own risk; compensation against government may be ex gratia.
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4 October 2018 |
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Assessment awards set aside where Deputy Registrar made unexplained, unsupported awards without oral evidence.
Damages assessment — Law Reform (Miscellaneous) Provisions Act — loss of expectation of life — funeral expenses — non-pecuniary damages (stress/anguish) — necessity of oral evidence at assessment — requirement for reasons and evidential basis for awards — appellate interference where assessment unsupported.
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4 October 2018 |
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An extension of time was refused where the applicant failed to produce sufficient documentary evidence justifying the delay.
Civil procedure – Extension of time – Order XIII Rule 3(1) – Exercise of judicial discretion – Need for sufficient and convincing reasons supported by documentary evidence (board resolution/minutes) – Short delay insufficient to cure lack of material.
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3 October 2018 |
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Whether seized properties belonged to the appellant and whether the claimant discharged the burden of proof.
Civil procedure – execution of judgment – writ of possession – claimant’s burden to prove title or right to possession at time of seizure – distinction between municipal house numbers and Ministry of Lands plot numbers – equity of redemption vs. assignee of debt and security – third-party ownership claims.
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3 October 2018 |
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Claimant failed to prove ownership of one seized house but held sufficient equitable interest in another, warranting its release.
Civil procedure – execution and writs of possession – burden of proof on claimant to show title or right to possession at time of seizure; distinction between street/house numbers and Ministry of Lands plot/stand numbers; mortgage, assignment of debt/security and equity of redemption – assignment of debt/security not equivalent to transfer of property.
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3 October 2018 |
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3 October 2018 |
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Operations manager lacked authority to amend contract; BIT allowance offsets deductions (applies to empties); re‑computation and assessment ordered.
Contract law — agency and apparent authority — ratification; Contract interpretation — BIT (Missing and Breakage in Transit) allowance — contextual/commercial construction; whether allowance is monetary or an offset; application to fulls and empties; waiver and withdrawal of waiver; assessment of disputed deductions and advances; costs awarded to successful appellant.
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3 October 2018 |
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A defective consolidated record of appeal is curable; dismissal is discretionary and depends on the defects' seriousness.
Court of Appeal rules – record of appeal – Order 10/9 mandatory contents – Order 10/17(1)-(2) discretion to amend or dismiss – consolidated appeals – curable versus fatal defects – supplementary record of appeal.
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3 October 2018 |
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Respondent's pension to be recalculated from actual retirement date; government-debt deduction upheld; quantum referred for assessment.
Pensions law – effective date of retirement – calculation of pension benefits using last drawn salary (section 40(1)) – government debt deduction under section 22(2)(b) – referral to Deputy Registrar for assessment.
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3 October 2018 |