Results.
22 judgments found.
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| May 2021 |
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Buyer entitled to refund where delivered rice failed to correspond with the sample; sellers were co-adventurers and interest and costs awarded.
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Sale of goods by sample (s.15) — buyer's right to reject — FOB contracts and allocation of costs — co-adventure/joint venture liability — admissibility of unpleaded evidence not objected to — award of interest and costs.
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31 May 2021 |
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Whether cumulative circumstantial evidence, recent possession and identifications sufficed to sustain murder and aggravated robbery convictions.
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Criminal law — Circumstantial evidence; Recent possession of stolen property; Last-seen principle; Suspect witnesses and corroboration; Leading police to recovery — guilty knowledge; Acquittal for insufficient circumstantial proof.
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28 May 2021 |
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Whether possession of a tampered, rebranded cow proved stock theft or only receiving stolen property under section 318(1).
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Criminal law — Stock theft — Burden of proof beyond reasonable doubt — Accused's explanation reasonably possible creates reasonable doubt — Receiving stolen property s318(1) — Improper conviction/sentencing where proven facts differ from charge.
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28 May 2021 |
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Postmortem and circumstantial evidence upheld murder conviction; investigative lapse found non‑prejudicial.
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Criminal law — Murder — Circumstantial evidence — Inference of guilt; Malice aforethought — s.204(b) — knowledge that act likely to cause death; Postmortem evidence — admissibility and reliability despite report errors; Investigative omissions — dereliction of duty and prejudice; Appellate review — deference to trial judge’s credibility findings.
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28 May 2021 |
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Whether cumulative circumstantial evidence excluding reasonable alternatives justified conviction of the first appellant, but not the second.
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Criminal law — Circumstantial evidence — Strands must be considered cumulatively — Cogency required to exclude reasonable inference of innocence; Identification parades; Possession of stolen vehicle and pirating as corroborative circumstance; Insufficient linkage for co-accused where only last-seen evidence exists.
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28 May 2021 |
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Teacher’s failure to inquire into a pupil’s age negates the proviso defence to defilement under section 138(1).
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Criminal law — Defilement under section 138(1) Penal Code — Proviso requiring reasonable belief as to age — Ocular observation not sole test — Teacher-pupil relationship and context of encounter may impose duty to inquire — Recklessness negating reasonable belief.
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28 May 2021 |
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Appellate court upheld murder conviction and death sentence, finding eyewitness credible and provocation defence fabricated.
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Criminal law — murder — credibility assessment of interested witness — corroboration (post-offence admission and flight) — provocation and failed defence as extenuating circumstance — appellate review of factual findings.
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28 May 2021 |
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Accidental-discharge defence rejected; deliberate arming, locking and flight supported malice aforethought and upheld murder conviction.
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Criminal law — Murder — Malice aforethought — Accidental discharge defence — Circumstantial evidence — Firearm handling and knowledge — Loading, locking premises, flight; mens rea inference.
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28 May 2021 |
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Malice aforethought proved; provocation and intoxication not established—appeal dismissed and murder conviction with death sentence upheld.
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Criminal law — Murder — Malice aforethought (s.204(b)) — Provocation and intoxication as failed defences and extenuating circumstances — Witness credibility and suspect witness corroboration — Duty to call witnesses/investigation.
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28 May 2021 |
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Credibility findings and common design justified upholding arson convictions despite inconsistencies about who lit the fire.
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Criminal law — Arson — Identification and credibility of witnesses — Common design/coordinated action — Inconsistencies in who lit the fire immaterial where acts were simultaneous — Appellate deference to trial court credibility findings (Risbey).
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28 May 2021 |
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Conviction quashed for lack of independent corroboration of the perpetrator's identity despite medical corroboration of intercourse.
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Sexual offences — corroboration required of both commission and identity; Juveniles Act s122(b) — corroboration mandatory for witnesses under 14; medical evidence corroborates commission but not identity; opportunity by ordinary cohabitation does not suffice as corroboration.
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27 May 2021 |
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Appellant's murder conviction upheld on circumstantial evidence: last seen, accused's coat on body, flight and confession.
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Criminal law — Murder — Circumstantial evidence — Last seen with deceased — Identification by witnesses with potential interest — Accused's coat found on body — Flight and subsequent statement to police — Accused's explanation rejected.
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26 May 2021 |
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Stock theft not proved beyond reasonable doubt; conviction substituted with receiving stolen property and three-year sentence.
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Criminal law — Burden of proof in theft — Possession of recently stolen property — Reasonable explanation creates reasonable doubt — Lesser alternative conviction: receiving stolen property (s.318(1) Penal Code) — Sentencing must reflect proven facts.
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26 May 2021 |
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Convictions based on circumstantial evidence quashed where reasonable alternative explanations existed and evidence was unsatisfactory.
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Criminal law — circumstantial evidence — must exclude all reasonable inferences other than guilt; Juveniles Act s.122 — voir dire requirements (intelligence and duty to tell truth); adequacy of investigation into defendants' explanations.
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26 May 2021 |
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Single-witness identification can be safe if reliable; armed aggravated robbery requires proper charge and direct firearm evidence.
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Criminal law — Identification evidence: single identifying witness; opportunity to observe and risks of honest mistake. Aggravated robbery — armed aggravated robbery: accused must be charged with armed robbery and there must be direct evidence that a firearm (as defined by the Firearms Act) was used before imposing death sentence. Sentence substitution where conviction for armed robbery set aside
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26 May 2021 |
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Court held Bundabunda succession is rotational among three lineages and ordered the next rotation to the Kashimbi family.
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Customary succession — Bundabunda chieftaincy — rotational succession among three matrilineal families — probative value of family tree and shrine (clay pots) evidence — appellate interference for misapprehension of facts.
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22 May 2021 |
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Whether unexplained last‑seen coincidences and recovered personal effects can sustain a murder conviction despite admission voluntariness concerns.
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Criminal law — Murder — Circumstantial evidence — Last seen and odd coincidences — Admission evidence — Voluntariness enquiry — Ilunga Kabala precedent — Flight and recovery of personal effects.
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21 May 2021 |
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Court affirms indecent assault conviction: elements and corroboration satisfied despite non‑material inconsistencies.
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Criminal law — Indecent assault — Elements: unlawful act and indecency judged by reasonable person test — Consent as defence; Criminal procedure — Corroboration required in sexual offence cases — corroboration of act and identity may be satisfied without witnessing every detail; Evidence — inconsistencies not material do not vitiate conviction.
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19 May 2021 |
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Whether a purchaser from a fraudster acquires title and if refusal to adjourn denied the applicant a fair trial.
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Civil procedure — adjournment — trial judge’s discretion to refuse adjournment; Property law — nemo dat quod non habet — purchaser from fraudster cannot acquire good title; Lands and Deeds Registry Act — certificate of title vitiable for fraud or impropriety; Intestate Succession Act s.19(2) — sale of estate property without court order; Contract formation — offer and acceptance may be inferred from parties’ conduct.
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18 May 2021 |
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The appellant's claim failed: advance payment not a condition precedent; respondent entitled to terminate and claim damages.
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Contract formation — purchase orders and award letter — advance payment not a condition precedent; delivery period counted from purchase order; supplementary purchase order for crane; breach, termination and damages; possessory lien not available.
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18 May 2021 |
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50% advance was not a contractual condition precedent; appellant breached by late delivery and could not retain wagons as a lien.
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Contract law — condition precedent — advance payment — interpretation of purchase orders and award letter; Public Procurement Regulations — advance payment limits; delivery period — commencement date; agreement for hire/transport of crane; breach, termination and damages; possessory lien not available where no debt justifying retention.
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18 May 2021 |
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12 May 2021 |