Results.
105 judgments found.
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| July 2023 |
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The court held a mandatory trial-within-a-trial and admitted the accused's confession as voluntary evidence.
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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.
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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.
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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.
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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.
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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.
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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.
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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 |
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Circumstantial evidence and an implausible afterthought defence supported convictions for stock theft.
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Criminal law — Stock theft (s.275 Penal Code) — burden of proof beyond reasonable doubt — circumstantial evidence and ‘odd coincidences’ — credibility of afterthought defence and disputed documentary evidence.
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2 June 2023 |
| May 2023 |
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Whether retention of savings-group funds constituted conversion and liability to repay K13,623.00 with interest.
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Conversion of money; implied debt and restitution; subordinate court equitable jurisdiction; measure of damages for conversion; savings group funds misappropriation.
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18 May 2023 |
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Circumstantial evidence and unrebutted possession of stolen items established burglary and theft beyond reasonable doubt.
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Criminal law — Burglary and theft — Elements and burden of proof — Circumstantial evidence and odd coincidences as corroboration — Afterthought defence and failure to call corroborative witness.
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16 May 2023 |
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Conviction for theft where possession, silence, and absence of a bona fide claim supported inference of dishonest intent.
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Criminal law — Theft (s.272 Penal Code) — possession and conversion of property — intention to permanently deprive — burden of proof beyond reasonable doubt — accused’s silence and claim of right.
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16 May 2023 |
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Accused convicted for pretending to be an advocate under the Legal Practitioners Act after personation not proved.
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Criminal law — Personation vs. professional impersonation; requirement of intent to defraud under section 378 Penal Code; substitution of charge; Legal Practitioners Act s.43 — pretending to be an advocate; burden of proof and benefit of doubt to accused.
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16 May 2023 |
| March 2023 |
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Whether the prosecution proved that the accused, a public servant, fraudulently moved and sold government containers.
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Criminal law — Theft by public servant — Elements: actus reus (taking/movement) and mens rea (fraudulent intent) — Proof that property belonged to Government — Evidential corroboration of witness testimony and transactions — Disposal of government assets and role of Ministry of Works and Supply.
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23 March 2023 |
| July 2022 |
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Senior officers convicted of theft by public servant for placing Ministry funds into fixed deposits without authorization.
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Criminal law — Theft by public servant — Movement of public funds into fixed deposits — Taking and conversion — Mens rea inferred from overt acts — Public Finance Act and statutory immunity not a defence.
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7 July 2022 |
| May 2022 |
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Warrant of seizure set aside because supporting affidavit was not filed and the instrument lacked any directive, amounting to abuse of process.
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Anti-Corruption Act — seizure warrants — supporting affidavit must be filed (Order 5 r.11 Subordinate Court Rules) — warrant must contain directive to seize — material defect under Forfeiture of Proceeds of Crime Act s35 — restriction notice v. warrant — abuse of process.
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19 May 2022 |
| March 2022 |
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Benylin with Codeine not a scheduled narcotic under the Act; prosecution failed to make a case, accused acquitted.
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Criminal law — Case/no-case — Interpretation of 'narcotic drug' under Narcotic Drugs and Psychotropic Substances Act — Benylin with Codeine not in Second Schedule — Controlled medicines and correct charging instrument (Medicines and Allied Substances Act) — Insufficiency and contradictions in prosecutorial evidence — Restoration of seized property.
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23 March 2022 |
| October 2021 |
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Whether failing to obtain a second ZPPA "no objection" after reevaluation constitutes willful procurement non-compliance.
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Anti-Corruption Act s33(2)(b) — procurement — ZPPA Circular No.1 of 2011 — open bidding excluded from prior review — "no objection" relates to process not specific contractor — mens rea (willful) required — burden on prosecution to prove beyond reasonable doubt.
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28 October 2021 |
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Prosecution failed to prove a willful breach of procurement "no objection" requirements; accused acquitted.
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Procurement law — Open bidding vs. review/no-objection requirement; ZPPA Circular No.1 (2011) — "no objection" to process not contractor-specific; Criminal mens rea — willful failure to comply; Burden of proof under Anti-Corruption Act s.33(2)(b).
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28 October 2021 |
| September 2021 |
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Petitioner failed to prove alleged vote buying, bribery and threats; election petition dismissed and election upheld.
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Election law — Electoral Process Act s.97(2)(a) — Allegations of vote buying, bribery and QUAC threats — Burden and heightened standard of proof in election petitions — Requirement that malpractice be widespread to affect majority — Evaluation of witness credibility and hearsay.
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23 September 2021 |
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Alleged forged tax clearance and proceeds-of-crime suspicions not proved; all accused acquitted.
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Criminal law — making and uttering false documents — tax clearance certificates — authority and procedural irregularities at revenue office — obtaining pecuniary advantage by false pretences — proceeds of crime — reasonable suspicion — burden of proof — acquittal.
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9 September 2021 |
| August 2019 |
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Accused convicted of assault occasioning actual bodily harm after prosecution proved identity, injuries, and lack of lawful justification.
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Criminal law — Assault occasioning actual bodily harm — elements: assault, identity, absence of justification, and injury — medical report and witness credibility — domestic context of alleged assault.
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2 August 2019 |
| December 2018 |
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Accused acquitted where police failed to comply with Public Order Act timelines, rendering the order unlawful and no case to answer.
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Criminal law — disobedience of lawful orders — requirement that order be lawful and issued by person acting in public capacity — Public Order Act (Cap 113) — notice and five‑day written response — right to peaceful assembly — no case to answer where essential element (lawfulness of order) not proved.
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21 December 2018 |
| July 2018 |
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Prosecution failed to establish a prima facie case of indecent assault due to inconsistencies and lack of corroboration.
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Criminal law — indecent assault — elements and burden of proof; corroboration in sexual‑offence cases; no case to answer — section 206 CPC; delayed complaint and witness credibility; motive/interest affecting reliability.
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23 July 2018 |
| June 2017 |
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Court awarded engine replacement cost and held employer vicariously liable for employee's negligent engine wash; no compensation for loss of business.
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Civil procedure — Subordinate Court may hear matter where defendant absent but plaintiff must adduce evidence; Negligence — duty, breach, damage; Vicarious liability — employer liable for employee's torts committed in course of employment; Damages — recovery allowed for proven replacement cost, insufficient proof for consequential losses.
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29 June 2017 |
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Withdrawal of a criminal complaint constituted consideration, making the respondent liable under the settlement agreement for K30,000.
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Contract law — formation and enforceability — withdrawal of a criminal complaint as valid consideration — settlement of alleged obtaining money by false pretences — debt recovery by default writ.
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16 June 2017 |
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A hirer is not liable for ordinary mechanical breakdowns absent evidence of gross negligence; owner bears such risks.
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Contract interpretation — vehicle-hire agreement — clause making hirer liable for "whatsoever damages" — scope does not include ordinary mechanical breakdowns; implied term that owner bears mechanical faults absent gross negligence; burden of proof on hirer to show gross negligence; default writ and insufficiency of evidence on counterclaim.
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14 June 2017 |
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Conviction where single-night identifying witness and corroborative circumstance proved burglary and theft beyond reasonable doubt.
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Criminal law — Burglary and theft — breaking and entering at night — elements of s.301 Penal Code — Single witness identification — mistaken identity — corroboration and circumstantial evidence.
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8 June 2017 |
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On rehearing the court found statements accusing the plaintiff of theft defamatory, awarded K16,000 and allowed separate actions against company and individual.
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Defamation — elements: defamatory words, reference to plaintiff, publication to third parties — Malice/absence of reasonable inquiry — Subordinate Court jurisdiction on rehearing to grant equitable and legal remedies — Repetition of defamatory words creates fresh cause of action — Liability of individual and principal for separate publications.
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8 June 2017 |
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Courts below lack jurisdiction to appoint or remove administrators where the estate value exceeds statutory thresholds.
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Succession law — jurisdictional limits under Intestate Succession Act s.43 — estate value thresholds for local and subordinate courts — nullity of letters of administration issued without jurisdiction — High Court as proper forum for large estates.
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8 June 2017 |
| May 2017 |
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Accused convicted for theft by agent after entrusted beer was diverted, proceeds not accounted for.
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Criminal law — Theft by agent — Section 280(b) Penal Code — Entrusted property — Ostensible authority/holding out — Proof beyond reasonable doubt — Admissibility of caution statement.
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18 May 2017 |
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18 May 2017 |
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15 May 2017 |
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12 May 2017 |
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Plaintiff failed to prove ownership or existence of an estate; claims dismissed and no accounting ordered.
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Succession/Property — ownership versus registered title — evidentiary onus in civil claims — administrator accounting; long occupation and documentary evidence can rebut registration.
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12 May 2017 |
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Accused convicted for forging, uttering false documents and obtaining money by false pretences based on identification and corroboration.
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Criminal law — Forgery (sections 342, 347) — False NRC and title deed — Uttering false documents (section 344(b)) — Obtaining money by false pretences (section 309) — Identification evidence — Corroboration by ‘odd coincidence' (photo on forged document).
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4 May 2017 |
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Judgment entered on an admitted K5,000 debt; court set K1,000 monthly instalments, interest from writ date, and costs to plaintiff.
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Civil procedure — admitted claim — assessment of reasonable instalment payments — debtor's informal income and past default — judgment entered with instalments, interest and costs.
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3 May 2017 |
| April 2017 |
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Accused convicted of theft where guard and police evidence proved the elements beyond reasonable doubt.
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Theft — elements of theft (ownership, thing capable of being stolen, fraudulent conversion, intent to permanently deprive, no claim of right) — Evidence — eyewitness security guard and police corroboration — hearsay disregarded — burden of proof beyond reasonable doubt.
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28 April 2017 |
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Subordinate court severed misdemeanour counts, ordered inquiries and reading-material access, and refused to quash treason charge lacking pleaded overt acts.
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Criminal procedure — joinder and severance of counts; treason — requirement to plead overt acts; bad charge versus defective charge; limits on Subordinate Court’s power to quash indictments triable only by the High Court; mandatory Preliminary Inquiry (s.223); detainee rights — prohibition of torture and entitlement to reasonable reading material.
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26 April 2017 |
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Circumstantial evidence plus an admission and recovery of stolen property established the accused's guilt for breaking and entering.
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Criminal law — Breaking and entering (s.303(a) Penal Code) — Elements of offence — Circumstantial evidence and admissions — Recovery of stolen property — Proof beyond reasonable doubt.
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24 April 2017 |
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Accused convicted of assault occasioning actual bodily harm based on single-witness testimony and medical corroboration.
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Criminal law — Assault Occasioning Actual Bodily Harm — elements: assault, occasioning bodily harm, identity — Single-witness evidence admissible if clear and satisfactory — Medical report corroboration — Alleged civil motive does not negate criminal liability.
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3 April 2017 |
| March 2017 |
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Whether property acquired before marriage is excluded from division and how custody and maintenance orders serve children's best interests.
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Family law — division of matrimonial property — intention and timing of acquisition; exclusion of property acquired before marriage; household goods to be shared equally; vehicles as matrimonial assets; compensatory spousal payment requires proof of disparate post‑divorce income; custody determined by best interests of the child; maintenance and reviewable welfare orders.
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30 March 2017 |
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State failed to prove all elements of smuggling; accused acquitted due to reasonable doubt.
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Criminal law — Anti‑Human Trafficking Act s.9(1) — Elements of smuggling (procurement for benefit; facilitation; lack of lawful justification) — Competence of spouse witness (Criminal Procedure Code s.151) — Travel documents v. underhand methods — Burden of proof and reasonable doubt — Acquittal.
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30 March 2017 |
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Medical evidence and parental documentation corroborated the prosecutrix’s testimony, supporting conviction for defilement beyond reasonable doubt.
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Criminal law — Defilement (s.138(1) Penal Code) — elements: unlawful carnal knowledge, identity, age — corroboration by medical evidence (STI, hymen injuries) — proof of age (parental evidence, under-five card) — statutory defence of reasonable belief in age not raised.
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21 March 2017 |
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Whether funds entrusted to an agent for vehicle purchase were fraudulently converted, establishing theft by agent.
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Criminal law — Theft by agent — Conversion of entrusted funds — Intent to permanently deprive — Reliance on bank records, correspondence and witness testimony — Sections 265, 272 and 280(b) Penal Code.
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20 March 2017 |
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Whether prosecution proved beyond reasonable doubt that accused stole a motor vehicle using a forged cheque.
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Criminal law — Theft of motor vehicle (s281A) — Elements: registrable motor vehicle; without claim of right; intention permanently to deprive — Use of forged bankers’ cheque — Proof of authorship: eyewitness evidence vs handwriting expert opinion — False identity and orchestration as indicia of guilt.
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10 March 2017 |
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First accused (acting PS) convicted for corruptly accepting a company‑paid borehole and abusing office; company convicted for corrupt payment as inducement.
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Anti‑corruption — corrupt gratification as inducement or reward — proposed as well as actual transactions — public officer definition — abuse of office where payment contrary to contractual terms prejudices government legal rights.
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6 March 2017 |
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A public officer convicted for accepting K3000 as gratification to secure release of an impounded vehicle.
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Anti‑Corruption Act s19(1) — corrupt practices by a public officer; gratification; s66(1) presumption where acceptance proved; bank deposit and call‑records as corroborative evidence; release of impounded vehicle as inducement/reward.
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2 March 2017 |
| March 2015 |
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Appeal dismissed: employee failed to prove wrongful dismissal; procedural lapses do not vitiate dismissal for an offence justifying summary dismissal.
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Employment law — wrongful dismissal v unfair dismissal — focus on breach of contract/procedure — where offence justifies dismissal, failure to follow procedure not necessarily wrongful — appellate competence to raise issues not argued below.
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13 March 2015 |
| May 2014 |
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Unregistered variation of collective terms constituted redundancy; appellant entitled to redundancy pay in addition to gratuity.
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Industrial relations — Redundancy — Unilateral variation of collective agreement — Registration of collective agreements (Sections 70–71) — Clause 10(f) redundancy pay payable in addition to gratuity — Accrued rights — Effect of disclaimers — Ministry approval procedural requirement.
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12 May 2014 |
| November 2012 |
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Whether post-qualification procurement action, supported by an insurer’s bond, constituted criminal theft or money laundering.
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Criminal law — theft by public servant; procurement law — post-qualification evaluation and addendum requirements; evidential burden — intent to permanently deprive; money laundering dependent on predicate offence; issuing cheques — requirement of intent to defraud; adverse inference where prosecution withholds material documents (MTC minutes).
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1 November 2012 |