Results.
21 judgments found.
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| February 2026 |
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9 February 2026 |
| November 2025 |
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Applicant failed to prove special damages from unlawful bank restriction but awarded nominal damages for infringement of property right.
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Administrative law; Anti-Corruption Act — Restriction Notice and Warrant of Seizure; service requirement under s.61(2); burden of proof in civil claims; special damages (loss of use of money, business loss, medical expenses) require particularisation and strict proof; misfeasance in public office — element of malice/ulterior purpose; nominal damages for infringement of legal right.
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21 November 2025 |
| September 2025 |
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30 September 2025 |
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High Court granted leave to the DPP to appeal out of time, holding section 324 covers s.321A appeals and delay was satisfactorily explained.
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Criminal Procedure Code — Appeals — Sections 321, 321A, 322, 324 — Leave to appeal out of time — Jurisdiction of High Court to extend time for DPP appeals — Inordinate delay — Satisfactory explanation — Prejudice to respondents.
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29 September 2025 |
| April 2025 |
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A criminal appellant may substitute an appeal ground despite procedural mis-citation and elapsed time; court grants leave.
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Criminal procedure — Amendment of grounds of appeal — Substitution of an existing ground — Time limits under Criminal Procedure Code (EFCC) Rules (five months and 45-day extension) — Jurisdiction preserved despite lapse of statutory hearing period; procedural mis-citation not fatal.
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11 April 2025 |
| March 2025 |
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Non‑conviction forfeiture granted where unexplained disproportionate wealth and unregistered agreement failed to rebut reasonable suspicion.
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Forfeiture — Non‑conviction civil forfeiture under Sections 29 and 31; Section 71 (possession suspected proceeds) as basis for reasonable suspicion; burden and standard of proof — balance of probabilities; evidential shift to interested party to prove legitimate source; unregistered land use agreement void under Lands and Deeds Registry Act; formal defects curable; property forfeited.
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28 March 2025 |
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Applicant’s failure to serve and publish the Notice of Application as ordered led to dismissal for non‑compliance with court directions.
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Forfeiture proceedings — service of process — compliance with court directions — Notice of Application vs Notice of Hearing — requirement to seek leave for late service — Article 118(2)(e) and technicalities — dismissal for non‑compliance.
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18 March 2025 |
| December 2024 |
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Court ordered non‑conviction forfeiture after finding reasonable suspicion of proceeds of crime and interested parties failed to rebut evidence.
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Forfeiture (civil/non‑conviction) — Forfeiture of Proceeds of Crime Act — reasonable suspicion standard — evidentiary burden shifts to interested party to prove lawful source — bank cash deposits, disproportionate assets v. declared income — scope of subject property (subdivision vs whole title) — government bonds, treasury bills and fixed deposits amenable to forfeiture when traceable to suspected proceeds.
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20 December 2024 |
| October 2024 |
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Civil non‑conviction forfeiture application alleging Simonga Farm was acquired with proceeds of corruption; key issues include tainted property, proof standard, and proprietary interests.
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31 October 2024 |
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Order 20 Rule 11 cannot be used to expand a judgment to grant substantive, unpleaded reliefs.
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Slip rule (Order 20 r.11) — correction of clerical mistakes or accidental slips only — cannot be used to grant unpleaded substantive relief; pleadings define reliefs; court functus officio after judgment.
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30 October 2024 |
| September 2024 |
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High Court dismissed application for want of jurisdiction to challenge a subordinate court's warrant of seizure.
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Jurisdiction — challenge to warrant of seizure issued by Subordinate Court — High Court’s (Economic and Financial Crimes Division) jurisdiction is broad but not limitless — court orders subsist until set aside by issuing court — absence of challenge in issuing court bars High Court determination — matter dismissed for want of jurisdiction.
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30 September 2024 |
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Non-conviction forfeiture allowed where applicant proves reasonable suspicion from income–asset disparity; interested party failed to rebut on balance of probabilities.
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Non-conviction forfeiture — admissibility of electronic bank records and valuation reports — reasonable suspicion based on unexplained wealth/income-asset disparity — burden and standard of proof in forfeiture proceedings — Section 31(2) interest defence — investigating officer evidence on financial analysis.
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27 September 2024 |
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Whether non‑conviction forfeiture is appropriate where applicant proves on a balance of probabilities that vehicles are proceeds of crime.
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Forfeiture of proceeds of crime — Non‑conviction based forfeiture (s31 FPOCA) — Standard of proof: balance of probabilities — Burden of proof and shift under s31(2)/s71(2) — Documentary, bank and forensic handwriting evidence — Insufficient explanation by interested parties — Order forfeiting motor vehicles to the State.
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9 September 2024 |
| August 2024 |
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Court ordered civil forfeiture of assets acquired from contracts obtained by false pretences; interested parties failed to rebut taint.
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Forfeiture of proceeds of crime — Non-conviction forfeiture — jurisdiction under Sections 29, 31, 71 FPOCA — civil standard (balance of probabilities) — procurement misrepresentation — Key Personnel requirement — false pretences (Penal Code s309) — proceeds of crime — burden shift and unexplained wealth — forfeiture and costs.
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21 August 2024 |
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The court dismissed the applicant's constitutional challenge to seizure powers and refused damages for misfeasance.
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Constitutional law — search, seizure and privacy — Sections 58–59 Anti‑Corruption Act — warrant of seizure as court order under Article 17(2)(d); Forfeiture law — Sections 71,78 Forfeiture of Proceeds of Crime Act — burden and standard of proof; criminal procedure — presumption of innocence and applicability of Article 18; tort — misfeasance in public office.
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20 August 2024 |
| June 2024 |
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Failure to serve the person with a fresh third‑party Restriction Notice renders it void; warrant of seizure lawful and ACC may investigate PTT.
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Anti‑corruption investigations — Section 61 third‑party restriction notices — service requirements — validity; Distinction between Restriction Notice and Warrant of Seizure — custody vs status quo; ACC powers under s.6(1)(b) to investigate offences under other written laws including Property Transfer Tax; judicial restraint in civil proceedings that would arrest ongoing criminal investigations.
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21 June 2024 |
| May 2024 |
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Court granted non‑conviction forfeiture of assets as proceeds of crime and declared victim's entitlement to restitution from disposal proceeds.
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Non-conviction forfeiture; Forfeiture of Proceeds of Crime Act — tainted property and proceeds of crime; civil standard (balance of probabilities) in forfeiture proceedings; victim's declaration of interest and restitution; recognition of equitable/beneficial interest where legal title in third party.
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15 May 2024 |
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Applicant failed to show fresh evidence or compliance with mandatory Section 30(a) service requirements; review application dismissed.
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Procedure — Review of own judgment under Order XXXIX Rule 1 — Fresh evidence test (materiality, effect, existence before decision, discovery after decision, due diligence) — Mandatory service requirements under Section 30(a) Forfeiture of Proceeds of Crime Act — Originating notice must be served with affidavit and skeleton arguments.
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10 May 2024 |
| April 2024 |
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Whether non‑conviction civil forfeiture is warranted where property value far exceeds the proprietor's known income.
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Non‑conviction forfeiture; tainted property and proceeds of crime; burden shifting to interested party under s.31(2) FPOCA; admissibility/curability of affidavit/form defects; compatibility with constitutional property rights (Article 16).
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16 April 2024 |
| March 2024 |
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Appellants convicted for theft by fraudulent conversion; immunity rejected; statutory judgment set aside; interest to be paid to Treasury.
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Criminal law — Theft by public servant — Theft may be by taking or by fraudulent conversion — Particulars of charge sufficient; conversion established. Prosecutorial misconduct — Alleged witness tampering not substantiated. Statutory immunity — Sections 90 & 10 Postal Services Act inapplicable where acts not in good faith and lacking required approvals. Directors' liability — Directors may be criminally liable where they direct the mind of a corporate body. Section 171(1)(a) Criminal Procedure Code — Statutory judgment unsuitable where principal funds were paid; interest to be determined and remitted to Treasury
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15 March 2024 |
| April 2023 |
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Seizure notices under the Anti‑Money Laundering Act must be served and justified by the State’s reasonable belief; otherwise they are invalid.
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Seizure of property — Prohibition and Prevention of Money Laundering Act, s.15 — burden of proof on authorised officer to demonstrate reasonable belief of proceeds of crime; requirement of service of seizure notice to affected person; seizure notice validity interpreted as six months (s.18); right to be heard and presumption of innocence; High Court jurisdiction to entertain challenges to seizures.
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21 April 2023 |