Results.
40 judgments found.
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| August 2019 |
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Trial judge erred by declining jurisdiction absent a party’s request to arbitrate and misapprehending key facts; matter remitted for retrial.
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Arbitration Act s.10 — stay and refer to arbitration only on party’s request; Court jurisdiction not ousted absent request; Arbitration clause inoperative as to non‑party; Joint‑venture disputes; burden of proof as to non‑payment; retrial and consolidation of counterclaim.
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30 August 2019 |
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Convictions upheld; High Court’s increased sentence set aside for failure to afford required representations; concurrent sentences ordered.
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Criminal law — Wildlife Act offences — possession without licence prima facie unlawful; Pleas — equivocal vs unequivocal; Criminal Procedure Code s.338(2) — right to make representations before increased sentence; Sentencing — concurrent v consecutive where offences arise from same course of conduct.
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30 August 2019 |
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Appeal addresses alleged trial bias, identification in mob arson, admissibility of relatives' evidence and adequacy of alibi and investigation.
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Criminal law — Arson and malicious damage — Identification in mob attacks — necessity for clear identification and caution when convicting members of a mob; alibi — requirement to particularise and afford investigation; witnesses related to complainant — admissible unless bias shown; judicial impartiality — allegations must be substantiated on record.
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30 August 2019 |
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30 August 2019 |
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Whether alteration of a priced report into rebased currency invalidates it and whether interest must be awarded on the assessment.
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Re-denomination of currency — alteration of contemporaneous document and authenticity; Evidentiary burden — production of original documents and receipts; Assessment of costs of improvements — admissibility and weight of Bill of Quantities versus priced report; Interest on judgment debts — mandatory operation of the Judgments Act.
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29 August 2019 |
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A chieftainess cannot arbitrarily repossess customary land without due process; occupier's rights upheld despite absence of title.
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Customary land — allocation and revocation by Chief/Chieftainess — occupancy permits — requirement of natural justice in revocation of customary land rights — ownership v occupation — appellate restraint on factual findings.
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29 August 2019 |
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Circumstantial evidence and the appellant’s conduct permitted only an inference of guilt; investigative lapses did not warrant acquittal.
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Criminal law — Circumstantial evidence — When circumstantial evidence permits only an inference of guilt; Criminal procedure — Investigating officer's alleged dereliction of duty and whether failure to produce potentially exculpatory evidence mandates acquittal — Prejudice offset by overwhelming prosecution case.
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29 August 2019 |
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Recognition and dues remittance affirmed; punitive damages set aside for lack of contumelious conduct.
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Labour law — trade union recognition — withdrawal and joining of union membership under s.22(2) — form and sufficiency of notice; Industrial Relations Act ss.63–64 — minimum membership and workplace recognition; exemplary/punitive damages — requirement of contumelious or vindictive conduct.
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29 August 2019 |
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Whether employees validly withdrew and whether punitive damages were proper for refusal to recognise the new union.
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Trade union recognition — withdrawal and joining forms — three months' notice under section 22 — minimum membership/sectional scope (ss.63–64) — punitive/exemplary damages — contumelious disregard standard.
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29 August 2019 |
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A court lacks jurisdiction where an employment complaint is filed after the mandatory 90‑day period without an extension.
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Industrial and Labour Relations Act s85(3) — mandatory 90‑day jurisdictional time bar; limitation as a point of law may be raised at any time; accrual upon exhaustion of administrative channels; recurring underpayment does not restart limitation period; extension of time discretionary.
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29 August 2019 |
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Whether disputed land was matrimonial property and whether maintenance awarded was appropriate given appellant's means.
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Matrimonial property — property adjustment — ownership and title evidence — balance of probabilities; Maintenance — powers under Sections 54 and 56 Matrimonial Causes Act 2007 — assessment of income, earning capacity and financial needs; Misapprehension of facts by trial court — appellate intervention; Quashing of sale order where property not proven matrimonial.
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29 August 2019 |
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Court upheld identification and circumstantial conviction but set aside dual counts, substituting a single aggravated robbery conviction and imposing 45 years.
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Criminal law — Aggravated robbery — Identification evidence — Reliability of eyewitnesses at night under lighting — Circumstantial evidence against driver — Cogency of inferences — Joinder of counts — Grievous harm as integral element of aggravated robbery — Sentencing for serious violence against a police officer.
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28 August 2019 |
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The respondent's evidence of alcohol‑fuelled unreasonable behaviour established irretrievable breakdown; appeal dismissed.
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Family law — Divorce — Irretrievable breakdown — Unreasonable behaviour (alcohol‑related violence and threats) — Credibility findings and appellate review of trial judge’s factual conclusions — Domestic violence evidence and corroboration.
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28 August 2019 |
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Equitable claim for specific performance of a land sale is not statute-barred; purchaser's part-payment and possession precluded repudiation.
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Limitation Act — equitable remedies — specific performance not barred by statutory limitation; sale of land — possession and substantial part-payment — no implied repudiation; equitable relief and costs where complainant has not come with unclean hands.
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28 August 2019 |
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Specific performance granted for sale of land; limitation defence fails where equitable claim and purchaser had possession.
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Limitation of actions — equitable relief — specific performance not barred by statutory limitation; possession and abandonment — animus revertendi; sale of land — damages inadequate; equitable maxims and clean hands; costs follow the event.
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28 August 2019 |
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A notice to adjourn does not automatically vacate a hearing; first absence may justify setting aside judgment to decide merits.
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Civil procedure — Setting aside judgment obtained in absence — Notice to adjourn not automatic — Trial judge’s discretion to require proof — Preference for deciding cases on merits — Costs: no order.
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28 August 2019 |
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Appeal dismissed: admitted stock shortages and supervisory negligence justified dismissal and withholding of wages.
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Employment law — dismissal for alleged dishonesty and negligence — proof on a balance of probabilities — disciplinary procedure and fairness — admitted offence and effect on remedy for procedural defects — employer's right to offset losses against employee pay; Employment Act s.45(1),(3) — wage deductions and consent.
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28 August 2019 |
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Whether the employer could discontinue the respondent's guard allowance without written notice and exclude it from terminal benefits.
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Employment law — Variation of contractual terms — Merger of allowances into basic salary — Requirement of written individual notice/consent — Computation of terminal benefits — Procedural bar to raising new claims on appeal without notice of cross-appeal.
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28 August 2019 |
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Mother's custody upheld on welfare and continuity grounds; father's supervised access increased to eight daytime visits monthly.
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Family law — Custody — Welfare of the child paramount; continuity of primary care for young children; supervised access where molestation allegations exist; appellate adjustment of visitation from three to eight supervised daytime visits monthly.
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27 August 2019 |
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Appeal dismissed: identification corroborated, intoxication not extenuating; murder conviction upheld and non-capital sentence increased to 40 years.
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Criminal law — murder and grievous harm — identification evidence and corroboration — witnesses related to victim with potential interest — opportunity as corroboration — common intention (s.22) — intoxication as extenuating circumstance — sentencing: increase for grievous harm.
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27 August 2019 |
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A chief cannot arbitrarily repossess customary land; occupation under a permit can confer ownership-like rights.
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Customary land — allocation and repossession — chief’s authority subject to rules of natural justice; occupation and permit of occupation — effect on ownership/possession rights; appellate review of findings of fact.
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26 August 2019 |
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Court upheld refusal to consolidate related estate actions but stayed proceedings pending probate outcome and awarded costs.
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Civil procedure — Consolidation of actions — Order 4 Rule 9 — discretion to consolidate where common questions of law/fact or same transaction — avoidance of multiplicity of actions — abuse of process — stay pending related probate proceeding.
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26 August 2019 |
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Failure to file an ILRA complaint within 90 days ousts jurisdiction; time‑bar may be raised at any time.
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Industrial and Labour Relations Act s.85(3) — mandatory 90‑day time limit — jurisdiction ousted if non‑compliant; statutory limitation as point of law may be raised at any time; accrual after exhaustion of administrative channels; extension of time applications.
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24 August 2019 |
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Court upheld conviction: cogent circumstantial evidence (including recovery of weapon) outweighed identification flaws and investigative omissions.
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Criminal law — circumstantial evidence — cogency required to exclude conjecture — suspect witness and corroboration — identification at night — hearsay inadmissibility — investigative dereliction and prejudice.
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22 August 2019 |
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Cumulative circumstantial evidence and post-offence conduct can, if cogent, suffice to prove murder beyond reasonable doubt.
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Criminal law — Circumstantial evidence — Inference of guilt — Post-offence conduct and admissions — Test in David Zulu v The People — Murder conviction upheld.
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22 August 2019 |
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21 August 2019 |
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Whether appellant's employment continuity and non-payment claims fail because companies were distinct and factual findings are binding on appeal.
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Employment law — continuity of employment — separate corporate personality — alleged transfers between related companies — burden of proof on claimant — appeals limited against findings of fact.
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21 August 2019 |
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Similar-fact and circumstantial evidence corroborated sexual-offence convictions; plea was unequivocal and sentences were increased and made consecutive.
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Criminal law — Sexual offences — Corroboration — Similar-fact evidence admissible where probative value outweighs prejudice — Circumstantial evidence sufficient to establish identity — Consent vitiated by deception — Plea of guilty must be unequivocal — Sentencing: aggravating factors, consecutive sentences.
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21 August 2019 |
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A notice to adjourn is not automatic; courts may set aside default judgment to allow trial on merits in appropriate cases.
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Civil procedure — Default judgment — Notice to adjourn not automatic; counsel must apply to Court — Judicial discretion to refuse adjournment — Preference for trial on merits where absence excusable — Setting aside judgment — Costs.
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21 August 2019 |
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Similar‑fact and circumstantial evidence can corroborate sexual‑offence allegations; plea was unequivocal; sentences increased.
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Criminal law — Sexual offences — Corroboration requirement — Similar‑fact evidence admissible where probative value outweighs prejudice — Circumstantial evidence implicating identity — Consent vitiated by fraud/deception — Plea of guilty must be unequivocal — Sentencing: increased for abuse of religious office; consecutive terms.
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21 August 2019 |
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Court upheld award where all‑inclusive contracted salaries were below statutory minimums; appeal dismissed, costs to appellant.
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Employment law — Minimum Wages Order applicability to attested individual contracts — All‑inclusive salary and statutory minimum wage compliance — Court may adjust grossed salaries below statutory minima — Transport allowance entitlement.
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21 August 2019 |
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Appeal against defilement conviction alleging insufficient corroboration and false implication dismissed; sentence increased to life imprisonment.
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Criminal law — Defilement — Corroboration of commission and identity — Eyewitness evidence corroborated by medical report and appellant’s conduct; absence of hymen and lack of bruising not dispositive; even slight penetration suffices.
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20 August 2019 |
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Evidence of concealment, threats, and flight supported finding of malice aforethought and upheld murder conviction and death sentence.
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Criminal law — Murder — Malice aforethought established by conduct and circumstantial evidence; credibility of witnesses; witnesses with interest; concealment and flight as evidence of intent; sentencing — capital punishment not interfered with.
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20 August 2019 |
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Appeal against murder conviction dismissed; accidental discharge and intoxication defences rejected; death sentence upheld.
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Criminal law — murder — evaluation of witness credibility — expert ballistic evidence — accidental discharge defence — false implication — intoxication as defence — appellate review on basis of trial judgment.
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20 August 2019 |
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Conviction quashed where only the co-accused led to the body and no independent evidence linked the appellant to the murder.
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Criminal law — joint accused — 'leading' to incriminating evidence — only one person ordinarily leads; misdirection where trial judge found multiple leaders; conviction requires independent evidence linking non-leading accused; inadmissible/confession and untested extra-judicial statements.
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20 August 2019 |
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Circumstantial and medical evidence upheld a murder conviction by transferred malice; appeal dismissed and death sentence confirmed.
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Criminal law — murder — circumstantial evidence — relatives as witnesses — corroboration and danger of false implication — post-mortem evidence — electrocution — transferred malice — sufficiency of circumstantial proof.
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20 August 2019 |
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Whether an appeal filed within 30 days of leave to appeal is competent despite a respondent's reliance on a 14-day single-judge rule.
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Civil procedure — Appeal time limits — Court of Appeal Act s25 and Order 10 r3(5) — 30-day filing period after judgment/leave to appeal; Order 10 r2 (14 days) applies to single-judge applications — competence and jurisdiction to hear appeal.
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16 August 2019 |
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A non-party lacks locus standi to seek a stay of execution or reinterpretation of a judgment already decided by the Court.
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Civil procedure — locus standi of non-parties to stay execution — res judicata/piecemeal litigation — ex parte orders made in defiance of court rules may be discharged — Court of Appeal competence to raise preliminary issues.
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8 August 2019 |
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Frustration by State forfeiture discharged the sale, but appellant is entitled to recover the K400,000 purchase price.
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Contract law — frustration by subsequent legal restriction and forfeiture; Law Reform (Frustrated Contracts) Act s.3 — recovery of sums paid; effect of forfeiture on proprietary transfer; non-joinder of State and judicial notice of forfeiture.
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8 August 2019 |
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Administrator and sole beneficiary cannot use statute to void an otherwise enforceable sale; s90 breaches attract penalty, not nullity.
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Intestate Succession Act s19(2) — sale by administrator; Lands & Deeds Registry Act s90 — penalty vs nullity; specific performance; equity — statute as engine of fraud; estoppel; proof of forgery.
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1 August 2019 |