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Citation
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Judgment date
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| May 2008 |
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Whether disclosure of prosecution witnesses' photographs implicates accused persons' rights to fair trial and access to information versus witnesses' privacy.
Criminal procedure — Disclosure of witness identity/photographs — Right to fair trial (s.42) — Right of access to information (s.37) — Witness privacy — Certification under s.9(2)/(3) Courts Act — Jurisdiction of single High Court judge v. three-judge bench.
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29 May 2008 |
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The applicant sought to quash an order compelling production of state documents, raising privilege versus the accused's access rights.
Criminal procedure — Review under s.360 — Disclosure/Notice to Produce — Relevance of budgetary and Cabinet documents to defence — Privilege of official communications (s.221) versus constitutional right of access to information (s.37) — Trial court discretion to manage disclosure.
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29 May 2008 |
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Appeal dismissed: adultery unproven and customary marriage not established, so no entitlement to matrimonial relief.
Divorce law – adultery as ground for divorce – burden of proof; Evidence – hearsay inadmissible/reliance on repetition by relatives; Customary marriage – proof required (marriage advocates/witnesses) to establish matrimonial rights; Remedies – jurisdiction to order house or compensation depends on proven marriage; Financial claims – must plead particulars to succeed.
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28 May 2008 |
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Employment Act 2000 does not apply to terminations before its commencement; compensation assessment and terminal dues upheld.
Employment law – Effect of commencement of statute – Employment Act 2000 not applicable to terminations before commencement; unfair dismissal procedure (s.157(2)) – assessment of compensation; contributory fault; contractual terminal dues payable.
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25 May 2008 |
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Convictions of the applicants under the rogue-and-vagabond provision quashed; poverty and homelessness cannot justify criminalization.
Criminal law – rogue and vagabond (s.184(1)(c)) – presence in rest houses – poverty and homelessness not criminal – improper sentencing of indigent persons – police intrusion/invasion of privacy.
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23 May 2008 |
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Interlocutory relief granted where respondent failed to prove 14‑day abandonment of tenancy; applicant to be rehoused pending trial.
Tenancy law — alleged abandonment — proof of 14‑day vacancy — requirement for inspector affidavits; mandatory injunction threshold (Order 29/1/5) — proven probability of damage and unusually strong case; interlocutory relief to protect tenant pending trial; third‑party occupation considered.
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22 May 2008 |
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Default judgment varied to exclude statutory collection charges and surtax; liquidation did not bar plaintiff from continuing the claim.
Civil procedure – default judgment – amount for which judgment may be entered – judgment entered for too much – variation or setting aside; Companies Act – liquidation – s.258(2) – capacity and leave to proceed; collection costs and surtax recoverability.
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19 May 2008 |
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Applicant detained since 2006 granted bail where the State did not oppose and failed to justify continued detention.
Bail — Prolonged pre-trial detention — Absence of State opposition — Conditions of bail: cash deposit, bonded sureties, surrender of travel documents, reporting requirements.
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15 May 2008 |
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Appeal dismissed where claimant failed to prove, on the balance of probabilities, that respondent was liable for cattle allegedly kept in her custody.
Property law – custody of cattle – credibility of witnesses – burden of proof on claimant – insufficiency of evidence to establish liability; appellate review of factual findings.
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14 May 2008 |
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The appellant's appeal was dismissed; negligent overtaking and the magistrate's damages award for proven losses were upheld.
Road traffic accident — negligent overtaking — driver liable for collision; damages for proven property losses (bank card, motorcycle repairs, cell phone); no award for personal injuries where not pleaded or proven; claimant may proceed directly against driver rather than insurer.
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9 May 2008 |
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Appeal dismissed; negligent overtaking upheld, damages for proven property loss awarded, no personal injury award due to lack of pleading.
Road traffic collision — negligent overtaking — driver liable for damages for proved loss (bank card replacement, motorcycle repairs, lost cell phone); procedural requirement to plead and argue personal injury claims — no award where not pleaded; claimant may sue driver directly regardless of insurer involvement.
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9 May 2008 |
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Circumstantial evidence (shoeprints, tool) insufficient to prove theft beyond reasonable doubt; conviction and sentence quashed.
Criminal law — Theft — Circumstantial evidence — Proof beyond reasonable doubt — Prosecution must exclude all reasonable hypotheses of innocence — Shoeprints and tool insufficient to convict — Conviction quashed.
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8 May 2008 |
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Court refused to restore appeal struck off for want of prosecution, requiring absent counsel's personal attendance to discourage laxity.
Criminal procedure — restoration of matters struck off for want of prosecution — discretion to refuse restoration where lead counsel absent — personal attendance required — affidavits by absent counsel insufficient when not made in person.
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7 May 2008 |
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Appellate court refuses to disturb trial court’s factual findings and one-cow award absent perversity or unjustifiable discretion.
Civil dispute over livestock — allocation influenced by village elders’ assessment; appellate deference to trial court findings of fact and credibility; appeal will not succeed absent perversity or unjustifiable exercise of discretion.
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4 May 2008 |
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Whether reviewed cash bail and high surety bonds were excessive and effectively denied bail; court found them reasonable and dismissed the application.
Bail conditions — review of cash bail and surety bonds — reasonableness and case-by-case assessment — bond payable on default — nature of offence not determinative.
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2 May 2008 |