Results.
105 judgments found.
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| May 2026 |
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The accused person used public office to secure his sister's appointment—convicted of abuse, forgery and uttering; acquitted on one count.
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Anti‑corruption law — Abuse of authority — Use of public office to obtain advantage for a relative — Anti‑Corruption Act s21(1)(b) and s21(2)
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Criminal law
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Forgery — Making a false document with intent to deceive — Penal Code s342/s347
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Uttering false documents — Use, dealing with and inducing action upon false documents — Penal Code s4/s352
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28 May 2026 |
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Whether the prosecution proved the accused was entrusted with K1,800,000 and intended to permanently deprive the owner.
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Criminal Law
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Theft by Agent — Agency and Entrustment — Proof of Agency and Entrustment under Penal Code ss.272, 280(b)
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Theft — Mens Rea and Actus Reus — Requirement to Prove Intent to Permanently Deprive Beyond Reasonable Doubt
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13 May 2026 |
| April 2026 |
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Accused’s no‑case submission dismissed; prosecution proved prima facie corruption charge and accused placed on defence.
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Criminal law — Corruption — Prima facie proof and corroboration under Anti‑Corruption Act s6(3) — Application of Japau/Galbraith tests
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Criminal procedure — No‑case submission — Whether prosecution evidence is so weak or unreliable that the case must be stopped — Criminal Procedure Code s207
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20 April 2026 |
| February 2026 |
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Owner convicted for selling a restricted vehicle without ACC consent; alleged agent acquitted for lack of notice knowledge.
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Anti‑corruption law — Section 61(1) and (5) — restriction notices as asset‑freezing tools — service and knowledge of notice — disposal without DG consent — burden of proof beyond reasonable doubt — third party/agent liability
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26 February 2026 |
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Prosecution established a prima facie Anti‑Corruption Act case; the accused was placed on her defence under section 207 CPC.
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Criminal procedure — no‑case‑to‑answer / prima facie test (s206, s207 CPC); Anti‑Corruption Act — wilful failure to follow laid down procedure; evidentiary threshold at close of prosecution case; court not to decide credibility or proof beyond reasonable doubt at this stage.
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20 February 2026 |
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Accused acquitted on two corruption counts because prosecution failed to prove the alleged donor identified in the indictment.
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Anti‑corruption — Corrupt practices with a private body — solicitation and receipt of cash gratification — digital forensic WhatsApp evidence and bank records — corroboration of an intermediary witness — failure to prove identity of alleged donor as charged.
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2 February 2026 |
| January 2026 |
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Late subpoena application refused for non-compliance with Rule 7's 14-day disclosure requirement; pre-defence conference ordered.
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Criminal procedure — subpoena duces tecum (s.143 CPC) — Economic and Financial Crimes Court Rules — Rule 7(1) 14‑day disclosure deadline — judicial discretion to extend time — strict adherence to expedited procedure.
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21 January 2026 |
| November 2025 |
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A court interpreter convicted for soliciting and receiving a bribe to influence a judicial outcome.
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Corrupt practices by public officer — solicitation and receipt of gratification — recorded telephone conversations and telecom transfer records as supporting evidence — gratification as inducement or reward — burden of proof beyond reasonable doubt — Judiciary as public body
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19 November 2025 |
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Removal of an accused does not require fresh DPP consent if charges against remaining accused remain unchanged.
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Anti-Corruption Commission Act s64 — DPP consent to prosecute — Effect of discharge/removal of an accused on existing consent — No fresh consent required where substantive charges unchanged; pleas not rendered nullity.
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17 November 2025 |
| October 2025 |
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State charges allege large-scale unauthorised access, theft and conspiracy using devices/software to defeat bank security.
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Cybercrime — Unauthorised access to critical database; unlawful possession of devices/software to circumvent security; conspiracy to defraud; multiple counts of theft; potential money laundering — Penal Code; Electronic Communications and Transactions Act; Prohibition and Prevention of Money Laundering Act.
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28 October 2025 |
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Court granted subpoenas for finance and health ministry records but dismissed unrelated document requests; filing extension deferred.
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Criminal procedure — Subpoena duces tecum/ad testificandum — Section 143 CPC — requirement of relevance and sufficient description of documents — Economic and Financial Crimes Court Rules — variation of time to file defence bundle.
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21 October 2025 |
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Whether a director who recommended cancellation, but lacked approval authority, can be convicted for wilful procurement breaches.
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Procurement law
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Contract termination — Regulation 219 requires prior authorisation by approvals authority
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Use of imprest — Mode of payment vs procurement method; running concurrent procurement processes unlawful
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Anti‑Corruption — Wilful failure to comply with procedure — Proof beyond reasonable doubt; distinction between recommender and approvals authority
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7 October 2025 |
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Willful circumvention of public asset disposal procedures by a director; accomplice evidence required corroboration.
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Anti‑corruption — public officers — disposal of public property — internal tender — omission from adverts — irregular gate passes — use of staff as fronts — willful failure to comply with procedure — accomplice evidence and corroboration.
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6 October 2025 |
| September 2025 |
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Prosecution evidence found sufficient to establish a prima facie case on two counts of corrupt practices; accused called to enter defence.
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Criminal procedure — 'No case to answer' test — Sufficiency of prosecution evidence to establish prima facie case — Corrupt practices with private body (s20(1) read with s41(a), Anti‑Corruption Act) — Disclosure obligations on accused under Criminal Procedure Code.
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29 September 2025 |
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Court found prima facie breaches of procurement law and put accused on their defence.
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Criminal procedure — No case to answer (Japau test); Public procurement — requisition requirement; limited bidding — requirement to record reasons; contract termination — required approvals; solicitation and evaluation — mandatory methodology and post‑qualification records.
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1 September 2025 |
| June 2025 |
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Whether the Power of Attorney, NRC and consent applications were forged and used to deceive Ministry of Lands officials.
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Criminal law — Forgery and uttering false documents — Whether documents 'tell a lie about themselves' — Proof of identity and mens rea — Giving false information to public officers (s.125 Penal Code).
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30 June 2025 |
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Court admitted secondary copies where originals were not found after an adequate search by a competent procurement witness.
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Secondary evidence — admissibility of copies where originals unavailable — authentication by inspection — custody/possession of documents — standard of diligence in search (George Bienga).
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8 June 2025 |
| January 2025 |
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Accused convicted for willfully approving payments above his public procurement threshold under the Anti‑corruption Act.
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Anti‑corruption Act — Willful failure to comply with procurement guidelines — Public officer — Approval thresholds for head teachers — Splitting procurements to evade limits — Interpretation Act preserves prosecutions despite repeal of prior procurement law.
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15 January 2025 |
| November 2024 |
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Court admitted a mixed-content bank credit file as evidence, holding proper foundation by the custodian suffices under Section 4.
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Evidence — Documentary evidence — Admission of business records under Section 4 Evidence Act — Mixed originals and copies admissible with proper foundation — Custodian witness — George Bienga authority — Bank mandate file practice.
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26 November 2024 |
| October 2024 |
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A valid loan existed, but excessive interest was unlawful; court awarded a reduced sum capped under the Money Lenders Act.
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Contract law — existence of loan agreement; Unconscionability and usury — excessive interest unenforceable; Money Lenders Act — statutory cap (48%) limits recoverable interest; Courts may refuse enforcement of illegal terms but award proportionate lawful recovery.
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15 October 2024 |
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Verbal periodic tenancy arises from possession and accepted rent; tenant liable for damage beyond fair wear and tear.
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Landlord and tenant law — unregistered written lease void as a legal estate; possession and accepted rent create periodic tenancy; tenant’s repair obligations versus fair wear and tear under Rent Act; proof and quantum of repair costs.
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15 October 2024 |
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A subordinate court cannot state a case under section 341 during an ongoing trial; SI No.10/2024 does not oust jurisdiction.
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Criminal procedure — Section 341 CPC — Case stated may only be made after hearing and determination — Timing of case-stated procedure — Statutory Instrument No.10/2024 Rule 3 — Effluxion of time does not automatically oust subordinate court jurisdiction — Frivolous/dilatory applications.
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6 October 2024 |
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Prosecution proved unlawful wounding beyond reasonable doubt; unsworn intoxication and provocation defences were unproven, leading to conviction.
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Criminal law — Unlawful wounding (s232(a)) — burden and standard of proof beyond reasonable doubt — unsworn testimony of accused of diminished weight — intoxication and provocation require evidence of incapacity or loss of self-control to negate intent.
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4 October 2024 |
| September 2024 |
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The court dismissed the applicants' jurisdictional challenge as res judicata and warned against unlawful access to court records.
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Jurisdiction — Economic and Financial Crimes Court; transfer of matter — abatement by effluxion of time; res judicata and abuse of process; access to court records — Section 50 Subordinate Courts Act.
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26 September 2024 |
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Prosecution proved beyond reasonable doubt all elements of breaking into a shop with intent to steal; accused’s unsworn, belated defence lacked credibility.
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Criminal law — Breaking and entering with intent to commit a felony — Elements of offence — Burden of proof beyond reasonable doubt — Weight of unsworn evidence and belated defence — Credibility and omissions in accused’s testimony.
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11 September 2024 |
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Court extended the five‑month trial limit by 45 days under Rule 3(2) and refused a constitutional referral; trial to continue.
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Criminal procedure — Statutory time limits (S.I
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No.10/2024 Rule 3) — Commencement and computation of five‑month limit — Extension under Rule 3(2) — Jurisdiction not automatically lost on expiry — Constitutional reference unnecessary
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3 September 2024 |
| August 2024 |
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Court granted the State leave to amend prosecution witness and document lists under Rule 5(6), finding no fatal prejudice to the defence.
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Criminal procedure — Economic and Financial Crimes Court Rules 2024 — Rule 5(6) — Amendment of prosecution witness and document lists — Disclosure obligations — Prejudice to defence — Leave to amend.
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21 August 2024 |
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Enforcement of an oral employment contract for unpaid wages in Subordinate Court where defendant failed to appear.
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Contract law — oral employment contract — unpaid wages — burden of proof on plaintiff despite defendant’s absence — jurisdiction: Subordinate Court competent for monetary employment claims not exclusively industrial relations matters — damages and costs awarded.
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6 August 2024 |
| July 2024 |
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Court convicted the accused of possessing assets suspected as proceeds of crime and of obtaining subsistence allowances by false pretences.
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Forfeiture of proceeds of crime — possession of property reasonably suspected of being proceeds — reasonable suspicion based on articulable facts and asset/income disparity; evidential burden on accused who testifies; exclusion of defence material for non‑compliance with SI No.10/2024 disclosure rules; false pretences for subsistence allowances proven by absence of corroborating activity reports and phone-location evidence.
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26 July 2024 |
| June 2024 |
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Accused convicted for assault occasioning actual bodily harm; accidental defence and unsworn testimony found insufficient.
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Criminal law — Assault occasioning actual bodily harm (s.248) — proof of ingredients — accident defence (s.9(1)) — weight of unsworn testimony — evidence of relatives/friends — Browne v Dunn (need to challenge adverse evidence).
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19 June 2024 |
| May 2024 |
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A plaintiff’s defamation claim based on a police report was dismissed as lacking required seriousness and constituting an abuse of process.
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Defamation — accusation to police — public interest and threshold of seriousness — reasonable publication — abuse of process — reporting suspected crime as justification/privilege.
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16 May 2024 |
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A witness statement does not replace oral examination in chief; it is a disclosure tool and may assist cross-examination.
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Criminal procedure — witness statements — not standalone evidence — examination-in-chief under Criminal Procedure Code remains required — Statutory Instrument No.10 of 2024 cannot displace primary legislation — disclosure and cross-examination — Simon Miyoba v The People.
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15 May 2024 |
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Court held EFCC Division rules apply to pending cases and dismissed the jurisdictional challenge as unmeritorious.
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Criminal procedure — jurisdiction of Economic and Financial Crimes Division — SI No.10/2024 (E&F Crimes Rules) — Rule 17 retrospective application to pending proceedings — cause-listing by National Prosecution Authority — disclosure and fair trial — procedural challenge inappropriate to delay proceedings.
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3 May 2024 |
| March 2024 |
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Court acquitted the Project Manager of abuse of office but convicted the Site Engineer and contractor for corrupt gratification.
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Abuse of office; corrupt practices (receipt and giving of gratification); evidential value of bank records and deposit slips; procurement/payment authorisation and thresholds; burden and standard of proof.
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1 March 2024 |
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Court convicted the site engineer and contractor for corrupt gratification; acquitted the project manager of abuse of office.
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Abuse of office — public procurement — completion certificates — progress payments and retention — corrupt gratification — bank transfers and contemporaneous records as corroboration
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1 March 2024 |
| February 2024 |
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Specific performance granted for sale of land; oral contract found varied not rescinded; plaintiff must pay balance by set date.
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Contract law — sale of land; specific performance as discretionary equitable remedy; variation vs rescission by conduct; time of the essence; unjust enrichment; hardship defence to specific performance.
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1 February 2024 |
| January 2024 |
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Restitution claim dismissed: savings group not a licensed money lender and plaintiff failed to prove unjust enrichment, duress, or invalid transaction.
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Restitution/unjust enrichment — requirements for restitutionary relief; Savings groups vs Money Lenders Act — when registration is required; Interest — penal interest not established; Mortgage formalities — writing and registration required under Lands and Deeds Registry Act; Duress — burden to prove coercion to set aside transaction; Evidence — credibility, contemporaneous documents and rule in Browne v Dunn.
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25 January 2024 |
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Plaintiff who purchased from the executor entitled to vacant possession; defendant not a bona fide purchaser lacking agent authority.
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Property law — Sale of land — Personal representative/executor’s authority — Agency and scope of authority — Nemo dat quod non habet — Bona fide purchaser for value without notice — Duty of due diligence — Vacant possession.
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25 January 2024 |
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Court extended the five‑month hearing period under S.I. No.10/2024 by 45 days and refused a constitutional referral.
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Criminal procedure — S.I
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No.10/2024 (Rules) — Rule 3 five‑month hearing limit — commencement of time in carry‑over cases — Rule 17 application to pending proceedings — extension of time under Rule 3(2) and Section 37 (Interpretation Act) — purposive construction (Citibank v Dudhia) — no loss of jurisdiction on expiry — constitutional reference refused
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6 January 2024 |
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Accused convicted of unlawful wounding after court rejected self‑defence/accident account and found prosecution proved guilt beyond reasonable doubt.
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Criminal law — unlawful wounding (s.232 Penal Code) — burden of proof on prosecution after not guilty plea — evaluation of conflicting testimony and credibility — self‑defence and accident rejected where evidence implausible.
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5 January 2024 |
| November 2023 |
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Oral accusations of murder at a village meeting constituted defamation; plaintiff awarded modest damages and costs.
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Defamation — oral imputation of serious crime at a public meeting — elements: defamatory meaning, reference, publication — plaintiff bears burden of proof in Zambia — defences (truth/justification, reasonable publication, opinion) require clear proof — semantic distinction between 'killer' and 'murderer' not a defence — damages for vindication and solatium.
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30 November 2023 |
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Without prejudice correspondence can be admissible to prove a binding settlement when accepted and acted upon, supporting judgment for unpaid debt.
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Civil procedure — Default writ and burden of proof; Evidence — admissibility of "without prejudice" negotiations to prove a concluded agreement (Tomlin principle); Contract/Debt — acknowledgment of debt and part payment; Remedies — interest and costs.
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24 November 2023 |
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Night-time burglary conviction where unsworn intoxication defence failed to rebut prosecution's credible evidence.
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Criminal law — Burglary (s.301(a)) — proof beyond reasonable doubt — credibility of witnesses — unsworn testimony of accused — intoxication (s.13(4)) and intent.
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13 November 2023 |
| October 2023 |
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Prosecution failed to establish a prima facie case of defilement due to unreliable medical and witness evidence; accused acquitted.
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Criminal law — Defilement — No case to answer — Prima facie standard — Unreliable medical report and absence of medical witness — Discredited witness evidence — Investigative lapses.
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18 October 2023 |
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Accused convicted of theft where circumstantial evidence and possession of the complainant’s jacket excluded reasonable hypotheses of innocence.
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Criminal law — Theft — Burden of proof beyond reasonable doubt — Circumstantial evidence — Afterthought defence — Identification and possession of stolen property — Intention to permanently deprive.
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2 October 2023 |
| September 2023 |
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Plaintiff's claim for return of goods dismissed because group constitution authorised seizure as security and plaintiff remained indebted.
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Civil procedure; Restitution and unjust enrichment; Savings-group constitution; Seizure of member property as security; Credibility of witnesses; Refusal to grant relief not established in evidence.
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28 September 2023 |
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Buyer failed to prove payments; valid contract existed, repossession amounted to trespass but did not justify refund; claim dismissed.
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Contract law — formation and enforceability of oral and written terms; parol evidence and collateral oral terms; burden of proof in civil claims (he who alleges must prove); repossession and trespass for unpaid goods; nominal damages when injury shown but loss unproven; costs and right of appeal.
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14 September 2023 |
| August 2023 |
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Plaintiffs succeeded in conversion/restitution claim for beans and chickens; defendants ordered to restitute or pay market value with interest.
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Civil law — restitution and unjust enrichment — conversion of goods left in custody — admissibility of criminal-process documentary evidence in civil proceedings — proof on balance of probabilities.
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17 August 2023 |
| July 2023 |
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Circumstantial evidence and a voluntary confession led to conviction for stock theft of a goat.
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Criminal law — Stock theft (s.275) — Ingredients of offence; Circumstantial evidence — cogency and exclusion of innocent hypothesis; Confession — voluntariness and admissibility; Leading accused to scene — self-incrimination; Evidential burden on accused to raise defence.
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31 July 2023 |
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Accused convicted of assault occasioning actual bodily harm; inadequate alibi and weak defence evidence failed to raise reasonable doubt.
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Criminal law — Assault occasioning actual bodily harm — Burden of proof; alibi evidential burden and police investigation; weight of unsworn testimony; caution as to relatives' evidence; corroboration by odd coincidences and medical report.
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17 July 2023 |