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Citation
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Judgment date
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| 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.
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.
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.
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 |
| August 2021 |
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An arguable defence on interest-rate conversion justified setting aside a default judgment and ordering trial.
Civil procedure — Setting aside default judgment — requirement of an arguable defence on the merits; Contract law — applicability and retrospectivity of change from staff lending rate to commercial rate; Set-off/counterclaim — does not automatically bar setting aside default judgment.
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27 August 2021 |
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Execution cannot be levied on amounts unilaterally computed by a judgment-creditor; unresolved quantum must be referred for assessment.
Civil procedure – enforcement of judgment – Writ of Fieri Facias – quantum left to judgment-creditor – requirement for court assessment or referral where amounts are not court-quantified – ex parte leave to execute – irregularity.
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27 August 2021 |
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Appellate court upheld murder conviction where a voluntary confession to community crime preventers, corroborated by other evidence, proved guilt.
[Confession and voluntariness] Admissibility of confessions to non-police community crime prevention members; [Appellate review] Deference to trial court credibility findings unless unreasonable; [Evidence] Corroboration of confession by presence and conduct evidence in murder case.
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26 August 2021 |
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Sitting tenants (including subsidiary employees) have priority to purchase ZCCM houses; wrongful sale titles may be cancelled and purchase monies refunded.
Land law — Sale of parastatal/government houses — Home empowerment policy — Priority of sitting tenants (including subsidiary employees) — Validity and cancellation of certificates of title — Restitution of purchase price with interest — Pleading versus evidence on statute-barred defence.
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26 August 2021 |
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Confession to a fellow inmate admissible if voluntary; failed provocation not extenuating, death sentence upheld.
Criminal law – Confession to fellow inmate – Admissibility and voluntariness; Cell captain not necessarily a person in authority; Corroboration of confession; Provocation – failed defence and extenuation; Death sentence – absence of mitigating circumstances.
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26 August 2021 |
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A confession to a fellow inmate is admissible if voluntary; failed provocation does not mitigate death sentence.
Criminal law – Confession to fellow inmate – Admissibility – Person in authority – Voluntariness; Circumstantial evidence corroboration; Provocation as extenuation and sentencing (death penalty).
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26 August 2021 |
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Appellate court upheld 30-year sentence for unprovoked, savage manslaughter of the appellant's mother; sentence not excessive.
Criminal law — Sentencing — Appeal against sentence — Jutronich test for appellate interference — Manslaughter; aggravating factors: use of weapon, unprovoked violent attack on mother; mitigation: youth, first offender, guilty plea — Sentence upheld.
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26 August 2021 |
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A failed defence of provocation does not mitigate a murder sentence absent evidence of provocative act and loss of self-control.
Criminal law — Murder — Provocation — Requirements: provocative act, loss of self-control, proportionality of retaliation — Failed provocation only mitigates if elements proven — Appeal against death sentence dismissed.
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26 August 2021 |
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A failed provocation defence cannot mitigate murder sentencing absent credible proof of provocation and loss of self-control.
Criminal law – Murder – Defence of provocation – Requirements: provocative act, loss of self-control, disproportionate retaliation – Failed provocation may mitigate only if provocation and loss of self-control proven – Dying declaration and post-mortem evidence; credibility assessment; malice aforethought.
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26 August 2021 |
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Dying declarations require belief of imminent death; res gestae requires contemporaneity — admission made conviction unsafe.
Criminal evidence — dying declarations — require settled hopeless expectation of imminent death; injuries alone insufficient — hearsay exception. Res gestae — requires contemporaneity or approximate proximity to exclude concoction. Admission of non‑qualifying statements renders conviction unsafe.
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26 August 2021 |
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Appeal allowed: consolidation ordered because common copyright issues justified merging defamation and infringement actions.
Civil procedure – Consolidation of actions – Discretionary power – Common questions of law/fact (copyright infringement) – Balance of convenience – Avoidance of multiplicity and conflicting decisions – Consent order for consolidation.
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20 August 2021 |
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Consolidation granted where defamation and copyright claims raised common questions of law, avoiding multiplicity and saving costs.
Civil procedure — Consolidation of actions — Order 3 Rule 5 HCR & Order 4 Rule 9(1) RSC — Discretionary remedy — Common questions of law/fact — Copyright infringement and related defamation claims — Balance of convenience and avoidance of multiplicity of proceedings.
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20 August 2021 |
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Whether the applicant should be granted extension of time to seek leave to appeal and a stay of the judgment.
Court of Appeal Rules – Extension of time – Discretionary relief requiring sufficient reason; Failure to comply with time limits by state legal officer; Stay of execution – requires extant appeal or leave to appeal; Multiplicity of actions – otiose applications arising from denied extension; Immigration/residence permit – consequences of appellate restoration of permit.
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19 August 2021 |
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An assignment under seal read with a sale agreement attracts the 12-year limitation period, not the six-year period for simple contracts.
Limitation Act 1939 – section 2 (six-year limitation for simple contracts) v section 4 (twelve-year limitation for deeds under seal) – sale of land and deed of assignment – when documents are read together as one transaction – action for failure to assign title.
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9 August 2021 |
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Whether the Industrial Relations Division can adjudicate employment-related terminal benefits and mortgage-related counterclaims.
Industrial Relations jurisdiction; employment-related terminal benefits; constitutional interpretation; counterclaim versus mortgage action; striking out pleadings; audi alteram partem; costs under Rule 44(1).
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6 August 2021 |
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Default judgment under an unless order inappropriate where declaratory reliefs and common issues affect all defendants.
Civil procedure — Unless orders and default judgment — Declaratory reliefs — Requirement that interested parties be before court — Setting aside default judgment — need to show arguable defence and satisfactory explanation for default — prejudice to co-defendants — retrial ordered.
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6 August 2021 |
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Order 14A application was properly entertained; interpleader does not bar post-judgment damages claims by a non-party tenant, but original mortgagors’ claims were res judicata.
Civil procedure – Order 14A preliminary issues – timing and prerequisites; Res judicata and multiplicity of actions; Interpleader scope limited to ownership of seized property; Tenancy created after mortgage not binding on mortgagee; Judicial comity between Judges of equal jurisdiction.
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5 August 2021 |
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Whether a court may vary agreed loan terms on equity where the defaulter comes with unclean hands and a post-default penal interest clause is unenforceable.
Contract law – freedom of contract; equity – clean hands doctrine; unconscionability – scope and limits; Interest law – distinction between agreed interest, compound interest (requires express agreement or acquiescence) and penal/illegal interest; Remedies – enforcement of valid contractual terms and limits on reopening transactions.
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3 August 2021 |
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Judgment on admission upheld where documentary admissions and part payment established clear liability despite shared letterhead.
Civil procedure – judgment on admission (Order 27 Rule 3) – requirements: clear, unambiguous, unconditional admission; corporate law – separate legal personality of companies; shared letterhead by related companies is internal arrangement and not a defence to third-party claims; documentary admissions and part payment may justify judgment on admission.
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3 August 2021 |
| July 2021 |
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Dismissal for want of prosecution set aside where missing court records and outstanding judgment-on-admission warranted de novo hearing.
Civil procedure – dismissal for want of prosecution – judgment on admission – missing/tampered court record – restoration – functus officio – reconstruction of record – de novo hearing.
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30 July 2021 |
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Detention found lawful under Wildlife Act; libel claim failed after the specifically sued defendant was removed by consent.
False imprisonment — reasonable grounds/probable cause — statutory powers under Zambia Wildlife Act to search and arrest — libel/defamation — misjoinder and consent order — vicarious liability — failure to produce occurrence book.
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30 July 2021 |
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Appellants failed to prove ownership of customary land; trial judge rightly excluded improperly produced documents and weighed evidence.
Customary land – proof of ownership; production of documents – court's discretion under Order 3 Rule 2; appellate interference with findings of fact; admissibility and weight of pictorial evidence; concession in pleadings vs. admission of ownership.
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28 July 2021 |
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28 July 2021 |
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Interim injunction pending arbitration was set aside where respondent failed to prove irreparable harm; damages adequate.
Arbitration Act – interim measures and injunctions pending arbitration – application of American Cyanamid tests – irreparable injury and adequacy of damages – preservation of status quo – jurisdiction to appeal interlocutory/final injunctions.
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28 July 2021 |
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Interim preservation of a disputed vehicle upheld; bona fide purchaser and title issues are matters for trial.
Civil procedure — Interim preservation/custody orders — Asset as subject matter of suit — Tests for preservation: subject matter, serious issue to be tried, balance of convenience — Joinder of person claiming interest — Bona fide purchaser claim is substantive and for trial.
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27 July 2021 |
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Appellant failed to prove construction works caused borehole contamination; EIA not required and public‑interest litigation protected from costs.
Environmental law – scope of EIA regulations – when ZEMA approval required; Civil liability – negligence and nuisance – causation and expert evidence; Proof – hydraulic pumping test and burden on plaintiff; Public-interest environmental litigation – protection under s110(4) EMA against costs/damages.
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26 July 2021 |
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The applicant's judicial review was overtaken because the Minister had made and notified a decision on the appeal.
Administrative law – judicial review – whether a public authority has made a decision – notice in writing under s96 Mines and Minerals Development Act – interlocutory procedure in judicial review (Order 53 RSC) – overtaken by events doctrine.
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26 July 2021 |
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Court entered judgment on admission for K200,000; consent order enforceable; counterclaim remitted to High Court for determination.
Judgment on admission — clear and unequivocal admission required; Consent orders — enforceable as court judgments; Counterclaims — distinct proceedings; Admission by correspondence; High Court misdirection — improper interference with consent order on public policy grounds.
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23 July 2021 |
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23 July 2021 |
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A court may extend time after non‑compliance with an 'unless' order; extension is discretionary and requires a hearing.
Civil procedure — "Unless" orders — Effect of non‑compliance — Court retains discretionary power to extend time after non‑compliance; discretion to be exercised cautiously and on stringent terms — Amendment of process and mis‑citation of parties — cure of irregularity versus striking out writ.
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23 July 2021 |
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A bank put on notice of imposters who altered registry records was negligent in failing to inquire; documentary bank records required to prove large transfers.
Banking law — duty of care and fiduciary duty of banker to customer — negligence for failing to inquire when put on notice; Turquand (indoor management) rule — exceptions where outsider has knowledge or is negligent; unauthorized signatories and registry forgery; Evidence (Bankers' Books) Act — requirement of bankers' books/documentary proof to establish transfers.
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22 July 2021 |
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Contract and Ministry reports confirmed the school was a private pre-school; no implied term made it a community school.
Contract interpretation – implied terms – necessity and business efficacy; education law – community school requirements vs private pre-school; admissibility and weight of Ministry monitoring reports; factual findings on donation and occupation.
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22 July 2021 |
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Order 14A motions are irregular without a prior notice of intention to defend; conditional appearance is insufficient.
Civil procedure – Order 14A RSC – notice of intention to defend is prerequisite; conditional memorandum of appearance not sufficient; procedural compliance mandatory; limitation defence may be raised in pleadings; appellate relief for procedural irregularity.
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21 July 2021 |
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An order obtained by counsel lacking a practising certificate is not automatically void; the advocate, not the client, bears the illegality.
Legal Practitioners Act — effect of documents/process prepared or filed by an unqualified advocate — whether such documents or orders are void — client protection from penalisation — reliance on National Bank of Kenya v Anaj Warehousing Ltd.
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16 July 2021 |
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Whether plaintiffs proved indebtedness under investment agreements and equitable mortgages; trial judge wrongly raised Order 88 but debt was unproven.
Equitable mortgage; mortgage action; sufficiency of statement of account; Order 88 (RSC) procedural requirements; burden of proof in mortgage/possession claims; return of securities (title deeds).
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12 July 2021 |
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Application for a new long lease dismissed where reconciliation showed rent arrears and tenant acted inequitably.
Landlord and Tenant (Business Premises) Act — application for new tenancy; renovation cost‑sharing and reconciliation; offsetting renovation costs against rent; rent arrears; clean hands doctrine; appellate review of factual findings.
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12 July 2021 |
| June 2021 |
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The applicant failed to show good and convincing reasons to stay sale of seized goods pending appeal.
Civil procedure — Stay of execution — Appeal does not automatically operate as a stay — Applicant must show good and convincing reasons (appeal would be nugatory or irreparable loss) — Judgment on admission — Court’s discretion to grant stay.
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21 June 2021 |
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Proprietary estoppel established respondent's ownership; relief to non-parties set aside; appeal dismissed.
Property law – Proprietary estoppel: assurance, reliance and detriment can lead to declaration of ownership; Specific performance: oral sale not enforceable absent clear agreement; Civil procedure: courts should not grant relief to non-parties.
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10 June 2021 |
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Forceful head-blow with a large stick established malice aforethought; murder conviction and death sentence upheld.
Criminal law – Murder – Malice aforethought (s.204 Penal Code) – Foreseeability of grievous harm or death from a forceful head blow with a large stick – Evidence and inference of intent.
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4 June 2021 |
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Leave to appeal to the Supreme Court refused: intended appeal lacked public importance, prospects of success, and compelling reasons.
Civil procedure – Leave to appeal to Supreme Court – s.13(3) Court of Appeal Act – threshold requirements: point of law of public importance, reasonable prospects of success, other compelling reasons – joinder of parties – appellate review of joinder.
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3 June 2021 |
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Applicant failed to show fresh evidence to justify review of an interim injunction; appeal, not review, was the appropriate remedy.
Civil procedure – Review under Order 39 Rule 1 – Limited scope; requires fresh material evidence; Constitutional law – Article 165(2) v. Chiefs Act s.4(1) – raised but not shown as new evidence; Interim injunction – res judicata; Appeal vs review – proper remedy is appeal where no fresh evidence.
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3 June 2021 |
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2 June 2021 |
| 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.
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.
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).
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.
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 |