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Citation
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Judgment date
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| April 2014 |
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Whether a sitting government employee could purchase a parastatal-owned house when a prior valid sale to another existed.
Property law – Parastatal house sales – Eligibility under Government home ownership empowerment scheme – Sitting tenant status versus nexus to selling parastatal – Validity and priority of competing contracts of sale – Remedy of refund where later sale nullified.
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29 April 2014 |
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Procedural defects — improper transfer and lack of fresh pleadings — matter remitted for retrial before another High Court judge.
Civil procedure — Subordinate Courts Act s.20(1) — magistrate lacks power to transfer for want of jurisdiction — proper remedy dismissal — High Court misdirection in hearing matter without fresh pleadings — procedural irregularities vitiating trial — lease disputes; counter-claim for compensation; costs follow the event, but no costs on appeal.
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28 April 2014 |
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Application for certiorari dismissed: Committee lawfully exercised statutory suspension powers; no procedural unfairness or jurisdictional error.
Administrative law – judicial review of professional disciplinary decision; jurisdiction and statutory power to suspend practising certificate; functus officio and res judicata; Wednesbury unreasonableness; natural justice and procedural fairness; exhaustion of administrative remedies.
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24 April 2014 |
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Dismissal for organising a union meeting on mine premises without management consent was lawful and justified.
Labour law — disciplinary dismissal — non-compliance with established procedures (Clause 3.2(h)) — Mining Regulations (402, 407) — union rights conditional on employer/supervisor consent — workplace safety and order.
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14 April 2014 |
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The applicants’ dismissal for organising an unauthorised workplace union meeting was upheld under mining and disciplinary regulations.
Employment law – disciplinary dismissal – organising unauthorised workplace union meeting – non‑compliance with established procedures (Clause 3.2(h)).
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13 April 2014 |
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Appeal against indecent assault conviction dismissed; conviction upheld and sentence amended to 15 years with hard labour.
Criminal law – Indecent assault of a child – Credibility and corroboration of child and relative witnesses – Medical report admissibility – Suspect witnesses – Flight as corroboration – Sentencing: substitution to hard labour.
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8 April 2014 |
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Conviction for armed robbery upheld despite no ballistics expert where witnesses saw guns and cartridges were recovered.
Criminal law – Armed robbery – Necessity of ballistics expert evidence – Empty cartridges recovered at scene – Eyewitness identification of firearms – Corroboration by recovered stolen property – Conviction safe without expert matching where no firearm recovered.
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8 April 2014 |
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Recognition by relatives sufficed; prolonged collective assault established malice aforethought; death sentence upheld.
Criminal law – identification by recognition – related witnesses – corroboration not required where recognition in broad daylight is reliable; Murder – malice aforethought under s.204 – prolonged, collective assault, confinement and use of weapons can establish intent to cause grievous harm or death; Sentencing – extenuating circumstances must be provable; suspicion of theft does not mitigate deliberate torture.
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8 April 2014 |
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Court upheld indecent assault conviction despite related witnesses, substituting simple imprisonment with hard labour.
Indecent assault — credibility of relative witnesses — corroboration by circumstantial evidence and child-witnesses — admissibility and weight of medical report — allegations of coerced testimony — sentencing substituted to imprisonment with hard labour.
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7 April 2014 |
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Court upheld convictions based on reliable identification, recent possession and circumstantial evidence despite absent fingerprints and counsel.
Criminal law – Identification evidence; single/multiple witnesses; recent possession and circumstantial evidence – Proof beyond reasonable doubt – Investigative dereliction – failure to lift fingerprints – Fair trial – right to legal representation under Article 18 – proceeding in absence of counsel – murder and aggravated robbery.
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7 April 2014 |
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Single-witness identification corroborated by victim's discovery of appellant's belongings upheld; murder conviction affirmed, attempted murder sentence increased.
Criminal law – Identification evidence – Single-witness identification requires corroboration – Corroboration by belongings found at scene – Murder and attempted murder – Sentence variation.
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7 April 2014 |
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Conviction overturned for lack of corroboration and a defective voire dire under the amended Juveniles Act.
Criminal law — Defilement — Corroboration of child witness identification — Juveniles (Amendment) Act No. 3 of 2011 s122 — Defective voire dire — Medical report corroborates commission but not identity — Conviction unsafe without corroboration.
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7 April 2014 |
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Circumstantial evidence, possession and forensic ballistics linked the appellant to armed robberies; appeal dismissed.
Criminal law – Aggravated robbery – Circumstantial evidence and possession — Leading police to recovery — Prosecution’s duty to call witnesses — Suspect witnesses — Ballistic expert evidence and definition of firearm under Firearms Act.
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7 April 2014 |
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Security for costs cannot be imposed to stifle a defendant compelled to defend or obstruct access to justice.
Security for costs – Order 40(7) HCR and Order 23 RSC – security against defendant only for proceedings in his interest – discretion and factors to consider – excessive security and access to justice – duplicity of proceedings and procedural conduct.
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1 April 2014 |