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Citation
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Judgment date
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| December 1979 |
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A substantially accurate report of a court document read in open court is absolutely privileged; "contemporaneously" requires reporting at or after the event.
Defamation — Absolute privilege under s.8 — Meaning of "contemporaneously" — Judicial proceedings — Publication of court documents (Form LC11) — Fair and accurate report — Distinction from pleadings/affidavits — Malice.
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9 December 1979 |
| November 1979 |
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The applicant's default judgment was set aside for improper entry timing and defective service on the respondent.
Civil procedure – Default judgment – Effective date when entered/dated by registrar – Judgment takes effect from its date as entered; Service – Limited company – Writ must be served at the registered office; improper service and registry error render default judgment irregular.
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22 November 1979 |
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Single-witness identification, corroborated by possession of stolen property, can suffice to convict when honest mistake is ruled out.
Evidence — Identification: reliability of single-witness identification; honest mistake; burden on prosecution; possession of stolen property as corroboration; alibi investigation.
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22 November 1979 |
| September 1979 |
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A returning officer must supervise the count; recounts are interlocutory and non‑compliance voids election only if it affected the result.
Election law – Conduct of count – Returning officer’s duty to supervise and proceed continuously; Recount v scrutiny – Act provides for scrutiny, not recount; common‑law interlocutory right to recount; Functus officio on declaration; Corrupt practice – gift allegation not proved.
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14 September 1979 |
| February 1979 |
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Arrest was unlawful for lack of reasonable suspicion; police misuse of bonds for investigations improper; K750 awarded for false imprisonment.
Criminal procedure — Arrests — Requirement of reasonable suspicion at time of arrest; police may not arrest merely to make enquiries — Improper use of police bond to secure periodic attendance at police station — False imprisonment damages — Consent to police inspection defeats trespass claim.
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22 February 1979 |
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A stay and discretionary transfer are prerequisites to setting aside a default judgment; applicant must show a bona fide triable defence.
Civil procedure – Stay of execution – Transfer between Subordinate Court and High Court – Discretion of District Registrar – Re-transfer – Setting aside default judgment – Leave to defend – Requirement of bona fide application and triable issue – Misconceived combined summons.
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22 February 1979 |
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A Class II magistrate may impose consecutive sentences exceeding three years aggregate; HC confirmation required for parts over one year.
Criminal law – Sentencing – Magistrate Class II jurisdiction – Maximum three years per count – Lawful imposition of concurrent or consecutive sentences producing aggregate exceeding three years – Confirmation by High Court required for sentence portions exceeding one year – ss.7(iv), 9(3), 217(1),(2) CPC.
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19 February 1979 |
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An appeal from a deputy registrar acting on a judge’s referral is to a higher court, not to a judge in chambers.
Civil procedure — Appeals from registrar/deputy registrar — Where registrar acts on a judge’s referral, decision treated as judge’s decision; appeal lies to higher court, not judge in chambers — High Court may follow English practice under s.10 Cap.50 (White Book O.58 r.2).
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11 February 1979 |
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An election petition may challenge a primary election result; the High Court has jurisdiction and time runs from the primary declaration.
Election law – primary elections – election petitions – construction of "election" and "member" – High Court jurisdiction under Art.77 – Electoral Act ss.17, 20(3), 20(4) – statutory construction to avoid absurdity.
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4 February 1979 |
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If no offence is proved, a court may return an exhibit to the person from whose possession it was taken, including a bona fide purchaser.
Criminal procedure — Disposal of exhibits (s.355 CPC) — Return to person from whose possession exhibit taken where no offence proved — Bona fide purchaser — Civil remedies for price or title.
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1 February 1979 |
| January 1979 |
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Court exercised inherent jurisdiction to grant custody after the child was taken abroad, leaving care and control open to foreign determination.
Family law – custody – jurisdiction to make orders when child removed abroad – inherent jurisdiction of High Court over child born in jurisdiction – cross‑border effect of custody orders – legal custody granted without prejudice to care and control to enable equal footing in foreign proceedings.
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23 January 1979 |