|
Citation
|
Judgment date
|
| December 2017 |
|
|
Applicant proved respondent's remaining loan indebtedness; counterclaim and challenge to bank charges dismissed for lack of evidence.
Contract law – loan repayment – enforcement of employee remedial loan after resignation; burden of proof – reliance on bank records and account statements; effect of third‑party payments on borrower’s liability; interest and costs on unpaid loan.
|
29 December 2017 |
|
|
29 December 2017 |
|
Search and continued occupation of premises without produced warrant or court order was unlawful; prohibition and vacation ordered.
Constitutional and criminal procedure law – search and seizure – requirement for search warrant and police procedural records (Section 15 Police Act; Section 118 Criminal Procedure Code) – unlawful occupation of private property without court order – judicial review: illegality, procedural impropriety, irrationality, legitimate expectation – remedies: prohibition granted, certiorari and mandamus refused/unsuccessful.
|
29 December 2017 |
|
|
29 December 2017 |
|
Specific performance refused; plaintiff failed to prove major losses; defendant lawfully called advance guarantee; limited reimbursement awarded.
Contract law – specific performance discretionary and impracticable where contract expired and claimant contributed to delay; Factory Acceptance Test delays; advance payment guarantee lawfully called; damages not proved without evidence; limited reimbursement for travel rescheduling and interest on late advance.
|
29 December 2017 |
|
|
28 December 2017 |
|
|
28 December 2017 |
|
|
27 December 2017 |
|
|
26 December 2017 |
|
|
25 December 2017 |
|
Ballistic matching and unexplained coincidences supported murder convictions for two accused; third acquitted for lack of linkage.
Criminal law – Murder – Circumstantial evidence and forensic ballistics – Ballistic matching of cartridges to seized AK47 – Joint enterprise/common intention (s.22 Penal Code) – Acquittal where no evidence of participation.
|
22 December 2017 |
|
Appeal dismissed; forgery and uttering convictions upheld based on expert guidance, court’s comparison, witness credibility, and proper sentencing.
Criminal law – Forgery of judicial document – Handwriting expert evidence as a guide – Court’s independent comparison; Drawing inferences – only reasonable inference; Uttering false document – witness credibility and circumstantial evidence; Sentencing discretion – appellate interference only for manifestly wrong sentences.
|
21 December 2017 |
|
Conviction for child trafficking upheld: s.3(1) is self-contained, indictment defect cured, and consent is no defence.
Criminal law – Trafficking in persons – Interpretation of section 3(1) and subsections (2)–(11) – Indictment defects and curative considerations – Sufficiency of trial judgment (s.169 CPC) – Consent immaterial under s.21 – Child victim enhancements (s.3(2)).
|
20 December 2017 |
|
Applicant’s missing spouse presumed dead after 11 years’ absence; applicant may seek letters of administration.
Presumption of death – seven‑year absence rule – High Court inherent jurisdiction – adequacy of inquiries (police report, family enquiries, newspaper advertisement) – Non‑Contentious Probate Rules (Rule 53) distinction.
|
19 December 2017 |
|
|
19 December 2017 |
|
|
19 December 2017 |
|
|
15 December 2017 |
|
|
15 December 2017 |
|
|
12 December 2017 |
|
|
12 December 2017 |
|
|
12 December 2017 |
|
|
11 December 2017 |
|
|
8 December 2017 |
|
Applicant's title valid but possession denied due to bona fide purchaser; State ordered to provide alternative land.
Land law – title description – certified survey diagram prevails over inconsistent certificate wording; erroneous issuance of subsequent title; bona fide purchaser for value without notice protected; remedy by State allocation of alternative land and rectification of register; failure to prove damages for improvements.
|
6 December 2017 |
|
Conviction quashed where the trial Magistrate distorted the record and wrongly shifted the burden of proof to the accused.
Criminal law – Arson – ingredients of offence – burden of proof lies on prosecution beyond reasonable doubt; Criminal procedure – Revision – judgment must reflect and be grounded in the record; Trial error – court must not clarify or amplify unintelligible record; Misdirection – shifting burden to accused is impermissible; Precedent – reliance on inapplicable authority invalidates reasoning.
|
6 December 2017 |
|
|
5 December 2017 |
|
|
4 December 2017 |
|
|
4 December 2017 |
|
|
4 December 2017 |
|
|
4 December 2017 |
|
|
4 December 2017 |
|
|
4 December 2017 |
|
Successful appeal against a Certificate of Re-entry restored title; third parties who relied on incomplete re-allocation procedures acquired no legal title.
Lands and Deeds Registry Act ss33–34 – Certificate of title conclusive; Cancellation of Certificate of Re-entry – effect of successful appeal; Administrative lapse by Commissioner – rectification and remedies; Offer letters and Circular No.1 of 1985 – procedural compliance required before allocation; Part‑performance/equitable interest – no proprietary right absent valid offers.
|
4 December 2017 |
|
|
4 December 2017 |
|
Gratuity accrues only from the contract containing a gratuity clause; overtime unproven; salary and unpaid leave awarded.
Employment law — contractual gratuity: entitlement arises only where contract expressly provides; retrospective recalculation on final salary denied. Proof of overtime requires contemporaneous records. Employee on notice remains entitled to salary and accrued leave. Counterclaim for overpayment may be set off
|
2 December 2017 |
|
|
2 December 2017 |
|
|
1 December 2017 |
|
|
1 December 2017 |
|
|
1 December 2017 |