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Citation
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Judgment date
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| August 2003 |
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Court corrected a clerical error about the respondent’s employment but dismissed the Rule 78 motion without costs.
Civil procedure — Slip rule (Rule 78 Supreme Court Rules) — Correction of clerical error in judgment — Misdescription of employment status — Motion dismissed, no costs.
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27 August 2003 |
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Election nullified: corrupt practices (treating, use of state resources, intimidation, voter‑card collection) by candidate/agents likely prevented voters choosing preferred candidate.
Electoral law – election petitions – corrupt and illegal practices – treating – use of government resources – intimidation and undue influence – attribution to candidate via agents – standard of proof in election petitions.
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20 August 2003 |
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Election nullified for treating, intimidation and misuse of government resources, proven under an intermediate standard of proof.
Electoral law — election nullification — Section 18(2)(a) & (c) — corrupt and illegal practices: treating, undue influence, misuse of government resources, intimidation and unlawful collection of voter cards — intermediate standard of proof in election petitions.
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20 August 2003 |
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Plaintiff failed to adduce sufficient evidence of chattel value or reliable cash projections; Deputy Registrar’s assessment of K2,000,000 affirmed.
Civil procedure – assessment of damages by Deputy Registrar – measure of damages for loss of chattels is value at time of loss – burden on plaintiff to prove purchase price/depreciation – cash flow projections inadmissible as speculative without corroboration – court not required to invent evidential bases.
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14 August 2003 |
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Automatism defence failed for lack of medical foundation; convictions and death sentences upheld.
Criminal law – Automatism/insanity – accused must lay proper foundation and adduce medical/scientific evidence; mere ipse dixit insufficient – Identification evidence – eyewitness identification and police corroboration can sustain murder convictions – Criminal Procedure Code s.17(2) – no mandatory duty to summon medical officer where defence fails to establish need.
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5 August 2003 |
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Familiarity-based identification plus an unobjected confession and recovered property sustained aggravated robbery convictions.
Criminal law — Aggravated robbery — Identification of a known person at night — Corroboration by recovery of stolen property — Admissibility of Warn and Caution confession — Appellate deference to trial judge’s demeanour findings.
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5 August 2003 |
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Recognition identification, recovered property, and an unobjected confession upheld aggravated robbery convictions.
Criminal law – Aggravated robbery – Recognition identification without parade – Recovery of stolen property as corroboration – Admissibility and weight of warn-and-caution confession admitted without objection – Deference to trial judge’s demeanour findings on credibility.
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5 August 2003 |
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5 August 2003 |
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Appeals dismissed: insufficient proof of additional allowances, execution satisfied judgment, separate suit amounted to abuse of process.
Civil procedure — assessment of damages — execution and satisfaction of judgment; employment law — incorporation of perquisites into salary for terminal benefits; abuse of process — multiplicity of actions; judicial notice of related proceedings.
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5 August 2003 |