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Citation
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Judgment date
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| January 2023 |
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Convictions quashed where sole suspect eyewitness was uncorroborated and juveniles were improperly treated at sentencing.
Criminal law – murder – suspect eyewitness – requirement for independent corroboration to exclude false implication; proof of malice aforethought; juvenile procedure – age inquiry and parental attendance; mis‑sentencing after ocular observation.
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25 January 2023 |
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Circumstantial murder conviction unsafe where suspect witnesses' evidence lacked independent corroboration.
Criminal law – Circumstantial evidence – Suspect witnesses – Danger of false implication – Need for independent corroboration – Standard: proof beyond reasonable doubt.
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25 January 2023 |
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Circumstantial evidence and inadmissible forensic and confession evidence rendered the murder conviction unsafe; appellant acquitted.
Criminal law – murder – circumstantial evidence – requirement that circumstantial strands attain cogency to exclude reasonable innocent inferences; admissibility of confession – voluntariness and duress (handcuffing); admissibility of forensic reports – necessity for the maker/expert to testify; sufficiency of evidence to prove guilt beyond reasonable doubt.
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25 January 2023 |
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Whether an uncorroborated circumstantial conviction based on suspect witnesses is safe and sustainable.
Criminal law — Circumstantial evidence — Suspect witnesses and danger of false implication — Need for corroboration before conviction — Conviction unsafe where danger not excluded.
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25 January 2023 |
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Age of prosecutrix not proved; defective hostile-witness procedure and unreliable documentary evidence led to acquittal.
Criminal law — Defilement — Age of prosecutrix an essential ingredient — Age must be proved beyond reasonable doubt by parent/guardian or best available evidence — Unsigned affidavit and hearsay school letter inadmissible — Procedure for treating witness as hostile.
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25 January 2023 |
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Age of prosecutrix not proved beyond reasonable doubt; conviction for defilement set aside and appellant acquitted.
Criminal law — Defilement — Proof of age as essential ingredient — Best evidence preferably from parent/guardian — Hostile witness procedure — Unsigned affidavit defective — School letter hearsay — Acquittal for failure to prove age beyond reasonable doubt.
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25 January 2023 |
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Appellate court increased wrongful dismissal damages, ordered reimbursement and interest, and declined unpleaded reinstatement or exemplary damages.
Employment law — Wrongful dismissal — Breach of public service disciplinary regulations (reg.57, reg.32(c)) — Measure of damages for unlawful dismissal — Exceptions to common-law notice measure — Exemplary damages must be pleaded — Reinstatement relief not entertained when not pleaded.
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23 January 2023 |
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Appellate court raised wrongful dismissal damages to 42 months due to oppressive conduct and high unemployment, denying unpleaded relief.
Labour law – Wrongful dismissal – Measure of damages – When courts may exceed common-law notice period; exemplary damages must be pleaded; reinstatement not ordered if not raised below; breach of disciplinary rules and inordinate delay in appeal determination.
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23 January 2023 |
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Appellant’s title cancelled for being procured by fraudulent misrepresentation; appeal dismissed, prior orders upheld.
Property law – fraudulent misrepresentation inducing transfer – cancellation of title; Leasehold interests – beneficiary of trust lease; Proof of fraud – documentary and oral admissions; Remedies – rescission of title, refusal of restitution/compensation absent evidence; Costs – follow the event.
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11 January 2023 |
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Interlocutory appeals are impermissible in criminal matters; High Court ruling set aside and subordinate trials proceed, second appeal incompetent.
Criminal procedure – interlocutory appeals – interlocutory appeals not tenable in criminal matters; s90(7) CPC – appeal only where Magistrate declines complaint; Court of Appeal Act s15 – leave required for appeal from High Court review; revisionary powers – timing and competency; nullity of High Court interlocutory ruling.
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11 January 2023 |
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A general power of attorney does not, as such, require registration under Section 4 to confer locus standi in land proceedings.
Lands & Deeds Registry Act – Registration of documents – Whether a power of attorney must be registered under s.4 – Power of attorney as delegation of authority not transfer of interest; locus standi – registration not required under s.4; Miscellaneous Register s.9(c) – Distinction between s.22 land register printouts and s.23 official certificates of search (conclusive).
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11 January 2023 |
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The Court refused the applicant's stay pending appeal, finding no real prospects of success and dismissing the application.
Civil procedure – Stay of proceedings pending appeal – Discretion under Order 10 rule 5 CARs – Appeal does not operate as automatic stay – Stay requires good and convincing reasons and real prospects of success – Issues of res judicata and abuse of process.
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10 January 2023 |
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Court confirmed stay of execution pending appeal due to inconsistencies in the lower court's judgment and potential prejudice.
Civil procedure — Appeal and stay of execution — Appeal does not automatically stay execution — Stay granted only on good and convincing reasons — Inconsistencies in lower court judgment may justify stay — Order X Rule 5 CA Rules; Order 47 White Book.
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10 January 2023 |