Results.
10 judgments found.
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| September 2021 |
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Rape conviction quashed for lack of corroboration of penetration; convicted of attempted rape and sentenced to 15 years.
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Criminal law — Sexual offences — requirement to corroborate both commission (penetration) and identity — relatives as witnesses — not automatically suspect — duty to call/obtain medical evidence; failure to do so may favour accused — section 213 charge upgrade.
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29 September 2021 |
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Appellate court reduced an excessive manslaughter sentence where the trial judge relied on facts outside the agreed statement and imposed hard labour on a woman.
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Criminal law — Manslaughter — Sentencing — First offender who pleads guilty entitled to marked leniency — Sentencing court must confine itself to agreed statement of facts — Misleading reference to extra-record facts amounts to misdirection — Hard labour inappropriate for women — Appeal court may reduce excessive sentence.
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24 September 2021 |
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Force majeure did not bar mortgage enforcement; third‑party mortgage covered future liabilities; judgment against deceased set aside.
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Mortgage enforcement — force majeure clause — clause bars claims for damages only, not foreclosure; Construction of security documents — letter of undertaking and Third Party Mortgage construed together create continuing security for present and future liabilities; Death of defendant — judgment against deceased set aside where legal representative not party; Equity of redemption — 180‑day period confirmed.
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22 September 2021 |
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Applicant failed to show an arguable case against the DPP's reopening of prosecution; leave and interim stay refused.
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Judicial review — leave threshold and arguable case; DPP power to review prosecutions under National Prosecution Authority Act; legal professional privilege — communications between DPP and police; stay of criminal proceedings pending judicial review.
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22 September 2021 |
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Court held no proper mortgage existed (security unperfected) and reversed a dismissal made without affording the appellant an opportunity to be heard.
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Civil procedure — mortgage actions — when originating summons required — perfection of security; Order 14A/Order XXX rule 6A — determination on documents and right to be heard; procedural non-compliance (demand letter) — irregularity versus nullity; costs where Order 14A disposes of action.
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9 September 2021 |
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Non-party to a written sale agreement lacked locus standi; unjust enrichment not established and judgment below set aside.
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Contract law — privity of contract and locus standi; unjust enrichment — restitution tests (Benedetti); parol evidence rule; entitlement to costs.
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9 September 2021 |
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A non‑party cannot sue on a contract; unjust enrichment requires that the enrichment be at the claimant’s expense.
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Contract law — privity of contract and locus standi; unjust enrichment — requirement that enrichment be at claimant’s expense; parol evidence rule; admissibility of contract evidence (Order 5 Rule 21) rendered otiose.
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9 September 2021 |
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Impropriety in acquiring a Certificate of Title (even without proved fraud) can justify its cancellation if supported by pleadings and evidence.
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Land law — customary tenure conversion and leasehold application — contract of sale and evidence of payment — bona fide purchaser doctrine — cancellation of Certificate of Title for impropriety — Statute of Frauds (lack of memoranda) — pleading requirements for fraud v. impropriety.
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9 September 2021 |
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7 September 2021 |
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Court set aside dismissal for want of prosecution where delay resulted from court’s administrative reallocation after failed mediation.
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Civil procedure — dismissal for want of prosecution — Order XXXI Rule 2(2) — mediation and scheduling conference — responsibility of trial judge to summon parties after failed mediation — administrative reallocation of judge — delay not attributable to plaintiff — laches inapplicable.
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3 September 2021 |