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Citation
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Judgment date
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| October 2004 |
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Delayed or inconclusive medical findings do not preclude rape conviction where credible testimony and corroborative circumstances exist.
Criminal law – Rape – Proof of penetration – Medical evidence after delayed examination not conclusive – Absence of laceration/hymenal rupture does not disprove penetration – Corroboration not legally required though caution necessary – Circumstantial evidence and opportunity may corroborate complainant’s testimony.
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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.
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 remaining imprisonment and ordered each appellant to perform 480 hours of community service, crediting three months custody.
Criminal law – Community service order – Suspension of imprisonment on condition of community service – Credit for time spent in custody – Supervision and placement by Community Service Officer.
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9 October 2004 |
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A refund ordered in criminal proceedings does not extinguish a parallel civil claim; damages, costs and collection fees require pleaded facts and trial.
Customs & Excise Act — s.154(2),(3),(4) — refund in criminal proceedings does not extinguish civil claim; obiter criminal remarks not determinative; presumption of innocence constitutional issue requires three‑judge bench; collection fees under Legal Practitioners Rules.
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7 October 2004 |
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Court reduced a 15-month theft sentence to time served due to youth, guilty pleas, and recovery of the stolen property.
Criminal law — Sentencing — Theft — Excessive custodial sentence — Mitigating factors: youth, plea of guilt, recovery of property — Confirmation review reducing sentence to time served.
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7 October 2004 |
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A guilty plea entered after ingredients were explained bars the appellant's challenge; ten-year sentence upheld.
Criminal law – Armed robbery – Plea of guilty – Plea properly entered after ingredients explained – Appeal against conviction and sentence dismissed – Sentence within High Court guidelines.
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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.
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.
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.
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 |