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Citation
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Judgment date
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| February 2008 |
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Court imposed above-guideline prison terms for premeditated, armed gang robberies, ordering concurrent sentences for dual convictions.
Criminal law – Armed robbery – Premeditated gang robberies – Possession and discharge of firearm – Sentencing: aggravating and mitigating factors – Sentencing Guidelines starting point 10 years – Concurrency of sentences.
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27 February 2008 |
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Two-year imprisonment for gang-planned theft from a person was confirmed; youth insufficient to outweigh aggravating factors.
Criminal law – theft from a person – sentence confirmation – whether two-year term excessive; aggravating factors: gang involvement, premeditation, public attack, lack of remorse; mitigating factor: accused's age.
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26 February 2008 |
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Jurisdiction to try juvenile jointly upheld, but juvenile's conviction quashed for non‑compliance with juvenile procedure; first accused sentence reduced.
Children and Young Persons Act – jurisdiction to try juvenile jointly with adult (s6(ii)) – powers where non‑juvenile court convicts juvenile (s55(1)) – validation provisions (s15) – prohibition on using terms 'conviction' and 'sentence' against juvenile (s4) – juvenile procedural non‑compliance leads to quashing; sentencing mitigation (confession, remorse, recovery, first offender).
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26 February 2008 |
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Court acquitted on an unprosecuted count for want of evidence and reduced grievous harm sentence from 5 to 4 years.
Criminal procedure — Duty to dispose of all counts; failure to address a count — acquittal for want of evidence. Sentencing — causing grievous harm — 5-year starting point; aggravating factors (weapon, unprovoked attack) vs mitigation (injury not severe); reduction to 4 years with hard labour.
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26 February 2008 |
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Court confirmed burglary conviction and upheld a four-year sentence, finding the accused's defence unreliable.
Criminal law – Burglary – conviction by inference from being caught entering premises at night; credibility of accused’s defence; sentencing – guideline starting point and mitigation (first offender, family responsibility); confirmation of sentence.
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26 February 2008 |
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Sentence reduced to 2 years I.H.L. applying guidelines and a plea-and-youth discount despite aggravating factors.
Sentencing — reduction on review; application of sentencing guidelines (3-year starting point); discount for timely guilty plea and youth; aggravating factor: theft of donated food for vulnerable persons; substitution of sentence to 2 years I.H.L.
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26 February 2008 |
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Interlocutory mandatory injunction misused to decide a contract dispute; court orders refund or face contempt.
Civil procedure – interlocutory injunctions – mandatory injunction improperly disposing of substantive contract dispute – enforcement of court orders and contempt – misuse of interlocutory/constitutional language.
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21 February 2008 |
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Guilty plea and first‑offender status mitigated but did not outweigh aggravation from prior knowledge; sentence reduced to 12 months.
Criminal law – Sentencing – Effect of guilty plea and first offender status – Sections 339 and 340 Criminal Procedure and Evidence Code – Aggravating factor of prior knowledge/abuse of position – Appellate reduction of sentence.
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21 February 2008 |
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Recognition by a clear, unchallenged eyewitness was sufficient to uphold conviction; appeal dismissed.
Criminal law – Identification by recognition – Turnbull guidelines not applicable – Complainant's clear, unchallenged recognition sufficient; alibi rebuttal unnecessary; conviction and sentence upheld.
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21 February 2008 |
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Appellant's conviction and sentence quashed; compensation refunded and remaining sums treated as contractual debt.
Criminal appeal — conviction unsustainable on the record — sentence set aside — restitution of compensation ordered — outstanding sums treated as contractual debt.
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21 February 2008 |
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Court reduced burglary sentence from 20 to 12 months, balancing guilty plea mitigation against aggravating abuse of trust.
Criminal law – sentence on burglary (breaking into building) – guilty plea and first-offender mitigation – prior knowledge/abuse of trust as aggravation – appellate reduction of sentence.
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21 February 2008 |
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Conviction quashed where prosecution relied on hearsay and failed to call key witnesses, rendering evidence insufficient.
Criminal law – Theft by servant – Conviction unsafe where prosecution relies on hearsay and key witnesses are not called – Insufficiency of evidence – Quash conviction and set aside sentence.
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21 February 2008 |
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Conviction for theft by servant quashed where prosecution relied on hearsay and key witnesses were not called.
Criminal appeal - conviction unsafe where prosecution relied on hearsay and failed to call key witnesses; theft by servant; conviction quashed and sentence set aside; release ordered; reinstatement to be pursued in civil forum.
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21 February 2008 |
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Conviction for unlawful wounding confirmed; sentence reduced on humanitarian grounds to secure immediate release.
Criminal law — unlawful wounding — appeal against sentence — first offender, guilty plea and childcare responsibilities as mitigating factors — appellate substitution of sentence on humanitarian grounds.
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19 February 2008 |
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Prolonged non-prosecution violated the accused's right to a speedy trial, but discharge denied because he was on bail and allegations were serious.
Criminal procedure – discharge for want of prosecution – right to fair and speedy trial – undue delay by prosecution – accused's abscondment does not justify prolonged non-prosecution – refusal to discharge where accused on bail and offences serious.
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19 February 2008 |
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Truck driver entering the main road failed to give way and was negligent; plaintiff not contributorily negligent; damages to be assessed.
Road traffic law – junction collision – amber-only traffic lights – duty to give way when entering a major road – failure to keep proper lookout – negligence – contributory negligence not proved – admissibility of expert evidence requires prior report.
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13 February 2008 |
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The defendant procured the plaintiff’s unlawful three-day detention and is liable for false imprisonment; defamation claim failed for lack of admissible proof.
False imprisonment – procuring arrest: liability where a person, through agents, causes police to arrest without reasonable grounds; distinction between supplying information and making a charge. Defamation – publication and proof: hearsay inadmissible; plaintiff must prove publication and falsity. Damages – assessment for short unlawful detention; aggravated damages require supporting basis.
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13 February 2008 |
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High Court overrules respondent’s preliminary objections; appeal from liquidator may proceed; affidavit and jurat defects not fatal.
Companies Act s275 – appeal from liquidator to High Court; Order 55 Rules – statutory appeals and requirement to state grounds; Affidavits – Order 41, counsel swearing affidavits and court’s discretion to regularise; Jurat formalities – undated jurat not necessarily fatal where commissioner and place are identified; Commercial Court Rules – jurisdiction and transfer window (Order 22 r 5(2)).
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13 February 2008 |
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Ex-parte injunction discharged where applicants suppressed material facts and national security concerns made ex parte relief inappropriate.
Interlocutory injunctions – ex-parte injunctions – suppression of material facts – abridgement of time – balance of convenience – national security considerations – court’s discretion to discharge vacated injunctions.
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13 February 2008 |
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Disciplinary dismissal for dishonesty upheld; IR Court may admit informal evidence and criminal acquittal does not invalidate fair dismissal.
Labour law – Industrial Relations Court procedure – informality and rules on evidence – admissibility of hearsay in context of pre‑hearing admissions; Disciplinary dismissal for dishonesty – burden of proof and requirement to give reasonable explanation; Criminal acquittal does not automatically invalidate fair disciplinary action.
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12 February 2008 |
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The respondent owes the applicant money, but the respondent’s land was not validly charged as security.
Banking law – overdraft and letters of credit – liability of director as guarantor – land law – equitable mortgage/security – Statute of Frauds / requirement of written, signed memorandum – unsigned/blank documents insufficient to create charge.
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7 February 2008 |
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Appellate court confirmed K20,000 compensation under s.32 Penal Code, reduced prison term to 18 months, reverting to 30 months if unpaid.
Criminal law – Assault causing grievous harm – Compensation under section 32 Penal Code – Distinction from restitution authorities (Rep v Sidiki) – Appellate reduction of custodial sentence and conditional alternative based on compensation payment.
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6 February 2008 |
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Whether remand time should be credited in sentencing and non-stolen seized property returned to the appellant.
Criminal law – burglary and theft – sentencing – remand credit – effective date of custody – appellate intervention – return of seized personal property.
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6 February 2008 |
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Appellant’s active role in a fraud scheme established obtaining money by false pretences; conviction and sentence upheld.
Criminal law – Obtaining money by false pretences – Participation in a fraudulent scheme – Conviction sustainable where accused’s conduct caused complainant to part with money though accused did not personally receive it – Sentence of 2½ years upheld as not excessive.
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6 February 2008 |
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Whether a post‑suit agreement converting an overdraft into a twelve‑month secured instalment loan estops enforcement by sale.
Injunction – continuation; estoppel by post‑suit agreement; conversion of overdraft into secured instalment loan; registration of charges; enforcement limited to instalments in arrears; costs – each party bears own costs.
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4 February 2008 |