Results.
11 judgments found.
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| March 2014 |
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Appeal dismissed: summary dismissal for soliciting a bribe upheld despite procedural shortcomings.
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Employment law — dismissal — disciplinary procedure — bribery/corruption — sufficiency of evidence — disciplinary authority — procedural irregularity not fatal where misconduct established — appellate review of factual findings
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20 March 2014 |
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Appeal allowed; excessive, unsupported damages set aside and matter remitted for reassessment due to miscalculation and insufficient proof.
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Assessment of damages — quantification of loss of use and profit — proper evidence (audited financial statements) vs bank receipts and oral calculations — proof and pleading of special damages — limits on wrongdoer’s liability and avoidance of unjust enrichment — interest already paid to be discounted
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17 March 2014 |
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Application to restore appeal dismissed: failure to file mandatory heads and non‑appearance fatal; counsel’s negligence not a ground for restoration.
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Civil procedure — Affidavit admissibility — expunging extraneous legal argument (Order 41/5/1)
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Procedure — Restoration of appeal — Rule 71(2) discretionary; requires sufficient reason
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Rules 58(5) and 70(1) — mandatory filing of record and heads of argument; failure fatal. Rule 48(5) applies to full bench decisions. Lawyer negligence and private lawyer‑client issues not grounds to reopen final rulings
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13 March 2014 |
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Conviction for defilement upheld; inconsistencies immaterial and corroboration sufficient to exclude false implication.
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Criminal law — Defilement — Corroboration required as to commission and identity in sexual offences — Dangers of false implication — Material inconsistencies versus trivial discrepancies — Emmanuel Phiri applied; corroboration by independent witnesses, medical evidence and corroborative coincidence
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9 March 2014 |
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Court upheld a 30-year sentence for defilement, finding sentencing discretion properly exercised and mitigation considered.
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Criminal law — Sentencing for defilement — Statutory range 15 years to life — Relevance of victim's age and manner of attack — Mitigation: first offender and guilty plea — Appellate restraint: interference only for misdirected or shocking sentences
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9 March 2014 |
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Appeal dismissed: court found recognition identification reliable, parade properly conducted, upholding conviction and death sentence.
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["Criminal law — identification (recognition) — reliability of recognition evidence — need to exclude honest mistake", "Identification parade — proper conduct and prejudice to accused", "Corroboration — post-mortem evidence of fatal stab wound", "Assessment of totality of circumstances in personal identification"]
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9 March 2014 |
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Appellant's indecent-assault conviction upheld; sentence increased to twenty years for abuse of authority over a servant.
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Criminal law — Indecent assault — Consent — Corroboration by medical evidence and admissions — Competence of witness/voir dire — Appellate inference on unresolved factual dispute — Sentencing: abuse of authority as aggravating factor
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9 March 2014 |
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Recent possession and available trial judgment upheld aggravated robbery convictions; appeal dismissed despite missing recorded evidence.
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Criminal law — Aggravated robbery — Recent possession of stolen property as evidence — Identification and timing — Leading police to recovered items — Record of proceedings versus judgment — Verdict requirement before conviction
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9 March 2014 |
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Alleged diminished responsibility unsupported by evidence; appeal dismissed and murder conviction and death sentence upheld.
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Criminal law — murder — diminished responsibility under section 12A Penal Code — duty to consider unraised defences only where evidence fit to be left to a jury — burden on defence to prove diminished responsibility — absence of medical evidence; coherent accused testimony inconsistent with diminished responsibility
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9 March 2014 |
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Conviction for defilement upheld: sufficient corroboration and properly conducted voir dires for child witnesses.
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Criminal law — Defilement — Corroboration requirement in sexual offences — Identification and commission — Juveniles Act s.122 — Voir dire procedure for child witnesses — Admissibility and competence of child evidence — Medical corroboration and corroborative conduct
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9 March 2014 |
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Appellant’s challenge to convictions on circumstantial evidence and a suspect witness failed; convictions and sentences upheld.
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Criminal law — Circumstantial evidence and cogency — Recent possession and corroboration — Suspect witness/accomplice-like witness requiring corroboration — Identification parade — Conduct of accused as evidential factor — Admissibility and weight of leading/demonstration evidence
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9 March 2014 |