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Citation
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Judgment date
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| February 2014 |
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Members of a contributory pension scheme are entitled to an accounting of accrued contributions; penal interest is unlawful and substituted.
Pension law – contributory occupational pension scheme – members’ and employer’s contributions belong to members – entitlement to account of accrued values at separation – single scheme with different fund managers – leaving service options (Rule 11) – penal interest unlawful; substituted interest award.
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25 February 2014 |
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Appeal allowed: midwife’s failure to secure emergency measures was negligent; dismissal and house withdrawal were lawful.
Employment law; medical negligence – duty of care of nurses/midwives; standard of care objective test; administrative policy versus clinical discretion; entitlement to government housing as incident of employment and withdrawal of allocation prior to acceptance.
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18 February 2014 |
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Unilateral repeal of ex-gratia entitlement cannot retrospectively deprive pre-existing employees of an accrued right without their consent.
Employment law – accrued rights – unilateral variation of terms – ex-gratia payment under Conditions of Service – retrospective application and employee consent.
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17 February 2014 |
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Baggage allowance payable at each tour’s end; expunged exhibits inadmissible; assessment remitted for recalculation.
Employment contracts – baggage allowance payable on completion of each tour – relevance of Circular B303/1965 for air freight baggage assessment; inadmissibility of expunged exhibits; improper reopening via supplementary affidavit (rebuttal evidence).
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13 February 2014 |
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Appellant failed to prove unreasonable behaviour or irretrievable breakdown; appellate court upholds trial judge's factual findings.
Family law – Divorce – Irretrievable breakdown – Unreasonable behaviour as ground for divorce – Appellate review of trial judge’s findings of fact; weight of conduct and cohabitation.
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12 February 2014 |
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Application to file notice of appeal out of time dismissed for inconsistent, afterthought reasons and lack of sufficient cause.
Civil procedure — Extension of time under Rule 12(1) — Notice of appeal out of time — Credibility and consistency of affidavit evidence — Afterthoughts and missing court record — Practice of single Judge sitting on full Bench.
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11 February 2014 |
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Employment contracts entitle teachers to baggage allowance at end of every tour; evidentiary errors require reassessment.
Employment contracts – interpretation of Clause 1 and Clause 7(3) – baggage allowance payable on expiration of every tour; Circular B303 (1965) applicable to baggage assessment; inadmissibility of expunged exhibits; improper admission of non-rebuttal evidence; findings unsupported by evidence set aside.
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11 February 2014 |
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Circulars that in practice withdraw a registered collective-agreement benefit unlawfully vary employees’ contractual conditions and are invalid.
Labour law – collective agreement – unilateral variation by employer via circulars – alteration/withdrawal of conditions of service; interpretation of "on official duties" in car allowance clause; High Court jurisdiction over individual employment claims.
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11 February 2014 |
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A licensed customs agent is liable for false declarations; natural justice may be displaced where statutory remedies and circumstances make prior hearing unnecessary.
Customs law — agent’s duty to verify and declare goods; sections 21(1)(b), 140, 183(1) Customs and Excise Act — administrative law — scope of judicial review; natural justice — circumstances displacing audi alteram partem; penalties and statutory appeals (ss.155, 190).
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10 February 2014 |
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Court reinstated appeal where applicants' delay was not inordinate and there was no malafide, granting 14 days to lodge record.
Civil procedure — appeal — dismissal for want of prosecution; extension of time under Rule 12; duty to lodge record of appeal; bona fide delay due to settlement negotiations; precedent — Nahar Investments v Grindlays; Stanley Mwambazi v Morester Farms.
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10 February 2014 |
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Employer’s circulars unlawfully altered a collective-agreement car allowance entitlement; appeal dismissed with costs.
Employment law – Collective agreement – Unilateral variation of conditions of service – Car allowance under Clause 32(f) – Meaning of "on official duties" – Administrative controls versus withdrawal – Jurisdiction of High Court over master-and-servant disputes.
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10 February 2014 |
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Omission to warn about relatives' false implication not fatal where unchallenged conduct corroborated appellant's guilt.
Criminal law – murder; identification evidence – courtroom recognition vs identification parade; danger of false implication by relatives; corroboration by appellant’s conduct on apprehension ('something more').
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3 February 2014 |
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A dream-based belief in witchcraft, without corroboration, does not qualify as an extenuating circumstance to avoid the death sentence.
Criminal law – Murder – Extenuating circumstances – Allegation of witchcraft and dreaming – Whether dreaming and waking unwell amount to mitigation – Section 201 Penal Code – Fact-specific inquiry required.
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3 February 2014 |
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Conviction quashed where identity lacked corroboration and voire dire failed to show the child understood duty to tell the truth.
Criminal law – Defilement – Corroboration of commission and identity – Circumstantial evidence requiring cogency – Child witness – Voire dire – Juveniles (Amendment) Act 2011 s122 – Understanding duty to tell the truth – Conviction quashed where identity uncorroborated and voire dire defective.
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3 February 2014 |
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Circumstantial evidence, recent possession and common purpose upheld convictions; aggravated robbery sentence upgraded to life imprisonment.
Criminal law – Circumstantial evidence and recent possession – sufficiency to support conviction; doctrine of common purpose/joint enterprise; appellant’s silence and failure to give evidence; admissibility and role of alleged admissions; sentencing – upgrade of aggravated robbery sentence to life imprisonment.
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3 February 2014 |
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The appellant's challenge to a 30-year sentence for defiling an intoxicated 14-year-old was dismissed; sentence affirmed.
Criminal law – Sentencing – Defilement of a child – statutory minimum sentence – appellate interference with sentencing discretion – mitigating effect of first offender status and mutual intoxication.
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3 February 2014 |