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Citation
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Judgment date
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| 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.
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.
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.
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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Removal of an accused does not require fresh DPP consent if charges against remaining accused remain unchanged.
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.
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.
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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Willful circumvention of public asset disposal procedures by a director; accomplice evidence required corroboration.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Criminal procedure — Statutory time limits (S.I
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.
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.
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.
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.
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.
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.
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.
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.
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 |
| 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.
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.
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.
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.
Criminal procedure — S.I
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 |
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The court held a mandatory trial-within-a-trial and admitted the accused's confession as voluntary evidence.
Criminal procedure — trial-within-a-trial — voluntariness of confession — burden on prosecution to negate inducement beyond reasonable doubt — Judges' Rules — admissibility of confession.
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11 July 2023 |
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Intoxication did not negate intent; prosecution proved unlawful entry and guilty mind for criminal trespass beyond reasonable doubt.
Criminal trespass — elements: unlawful entry without permission and requisite intent — intoxication as defence (s.13(4)) requires incapacity to form intent — burden on prosecution to prove guilt beyond reasonable doubt — attempted flight and habitué status as indicia of guilty mind.
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11 July 2023 |
| June 2023 |
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Prosecution proved criminal trespass where accused entered signposted private plantation and unsworn defence was inconsistent.
Criminal trespass – unlawful entry onto private property – notice by signage – burden on prosecution to prove intent and lack of permission beyond reasonable doubt – weight of unsworn defence evidence.
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26 June 2023 |
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Intoxication did not negate intent; accused convicted of criminal trespass for entering fenced private premises.
Criminal trespass – unlawful entry onto private, fenced premises – intent to commit offence – intoxication defence under section 13(4) Penal Code – burden of proof beyond reasonable doubt – dock identification.
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26 June 2023 |
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Unlawful distraint: landlord must obtain court leave before seizing tenant’s goods; restitution ordered to remedy unjust enrichment.
Landlord and tenant law – distraint/distrain – Rent Act (Cap. 206) s.14 requires court leave to levy distress; unlawful distraint; unjust enrichment and restitution; exclusion of benefit from illegality.
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22 June 2023 |
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Accused convicted for naming the respondent a wizard; acquitted of using insulting language due to insufficient proof.
Witchcraft Act s3(a) – naming a person a wizard; Penal Code s179 – insulting language; identification at night by acquaintances; evidential burden on alibi; caution with relatives’ testimony; human-rights implications of witchcraft accusations.
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21 June 2023 |
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Circumstantial evidence and an unreliable alibi led to conviction for breaking into a workshop and stealing power tools.
Criminal law – Breaking and entering and theft – Elements of offence – Burden of proof beyond reasonable doubt – Alibi: requirement of particularity and timely raising – Circumstantial evidence: cogency and exclusion of reasonable hypothesis of innocence.
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14 June 2023 |