Results.
10 judgments found.
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| October 2004 |
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Appeal against rape conviction dismissed: inconclusive medical report did not negate complainant’s credible testimony and corroborative circumstances.
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Criminal law — Rape — Medical report inconclusive where examination delayed — Absence of laceration does not preclude penetration — Complainant’s credible testimony and circumstantial opportunity/identification can corroborate conviction
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31 October 2004 |
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Plaintiff failed to prove employer negligence and relied on unpleaded allegations; claim dismissed with costs.
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Employer liability — negligence alleged for failure to repair machine, provide safer methods or protective measures; variance between pleadings and evidence; court will not decide on unpleaded issues; causation and operator conduct in machinery accidents.
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22 October 2004 |
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18 October 2004 |
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Court suspended imprisonment and ordered 480 hours community service each, crediting three months already served.
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Sentencing — Suspension of imprisonment — Substitution by community service order — Credit for time served — Specification of placement institutions — Referral to Community Service Officer
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9 October 2004 |
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Criminal refund did not extinguish civil claim; defendant retains defences and statutory protection under s.154(2).
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Customs & Excise Act s.154(2)-(4) — Effect of criminal refund on civil claim — Awards of damages limited by ss.20 & 174 (damage, gross negligence/wilful misconduct) — Passing judicial remarks (vindictiveness) obiter — Constitutional questions require full hearing/three-judge bench — Collection fees governed by legal practitioners' rules
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7 October 2004 |
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A custodial sentence may be reduced on review where defendants pleaded guilty, property was recovered and time served is adequate.
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Criminal law — Theft — Plea of guilt — Sentence review — Mitigation: youth of offenders, recovery of property, time already served — Reduction of custodial sentence on review
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7 October 2004 |
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A properly informed guilty plea admitting the facts sustains an armed robbery conviction; a ten-year sentence was upheld.
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Criminal law — Armed robbery — Plea of guilty — Requirements that ingredients of offence be put to accused — Conviction on plea upheld; sentence within High Court guidelines — Appeal dismissed
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7 October 2004 |
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Court allowed defective affidavit, found no willful default on discovery, and declined to strike out the defence with costs to plaintiff.
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Civil procedure — Specific discovery — Discovery of documents evidencing remittance of funds — Admissibility of defective supporting affidavit (power of attorney not exhibited) — Court’s discretion to admit affidavit — Interlocutory inquiry limited to whether produced documents fall within ordered class — Disputed factual issues to be resolved at trial — No willful default; application to strike out defence dismissed.
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6 October 2004 |
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Application to pay debt by instalments dismissed for inordinate delay; plaintiff may execute judgment and recover costs.
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Debt enforcement — Application to pay admitted debt by instalments — Inordinate delay and failure to prosecute — Counsel’s inability to contact client not an excuse — Dismissal of instalment application — Plaintiff entitled to execute judgment — Costs awarded.
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6 October 2004 |
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Application to pay an admitted debt by instalments granted; monthly K5,000 payments and execution on default permitted.
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Debt repayment by instalments — Courts Act s.11(a)(x) — assessment of defendant’s means — fixing instalment amount — execution on default.
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6 October 2004 |