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Citation
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Judgment date
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| September 2008 |
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Appeal rejects father's bid for custody, reduces maintenance to K2,000, lowers house payment to K90,000, and leaves matrimonial property with respondent.
Family law – divorce – custody of minor children – best interests of the child; maintenance – assessment of ability to pay and variation of amount; customary obligation to build house for wife – substitution of monetary award; matrimonial property – effect of abandonment and bad faith.
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30 September 2008 |
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An eleventh-hour application to adduce fresh evidence on appeal was rejected as irrelevant and unlikely to affect the trial judge’s decision.
Civil procedure — Fresh evidence on appeal — Ladd v Marshall criteria — Relevance and probative importance of late evidence — Interpleader and execution of judgment — Ownership disputes over seized goods.
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30 September 2008 |
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Court allowed applicant’s correction under Order 20 r.11 to clarify dismissal of respondent’s application with costs.
Civil procedure — Order 20 r.11 — correction of clerical mistakes/omissions in judgments — exception to functus officio — clarity of judgments — dismissal of application to set aside default judgment — costs.
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30 September 2008 |
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26 September 2008 |
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Application to set aside default judgment dismissed where defendant lacked a real prospect of success and issue had been decided on appeal.
Civil procedure — setting aside default judgment — test of meritorious defence: real prospect of success and degree of conviction; Interest — whether interest claim may be independent cause of action when not pleaded with principal — appellate decision precluding re-litigation; res judicata/abuse of process; delay in making application.
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23 September 2008 |
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Bail denied where identification parade linked applicants to armed robbery and murder, creating a real risk of absconding.
Criminal procedure – Bail – Refusal of bail for serious offences (armed robbery and murder) where identification parade links suspects to crime – Risk of absconding and application of s4(a) Bail Guidelines (Act No. 8 of 2000) – Presumption of innocence and State’s burden to justify continued detention.
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21 September 2008 |
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Bail granted because applicant’s cooperation and likelihood to attend trial outweighed prosecution’s case; strict conditions imposed.
Bail — Constitutional right (s42(2)(e)) and statutory power (s118 Crim Proc) — primary inquiry: likelihood of attendance at trial — strength of prosecution not sole ground to refuse bail — medical illness not per se basis for bail unless caused by detention — bail granted with strict conditions.
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21 September 2008 |
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Claim for refund of stolen travellers’ cheques dismissed for insufficient evidence and failure to prove compliance with reporting requirements.
Banking law – travellers’ cheques – contractual 24‑hour reporting requirement; burden of proof for refund claims; adequacy of issuer’s reasons for refusal; agent liability; costs for absent party.
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17 September 2008 |
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Consent is immaterial where the complainant is under 13; conviction and sentence for defilement affirmed.
Criminal law – Defilement (child under 13) – Consent immaterial; Appeal – belated factual disputes after plea; Sentencing – aggravating factors: repeated acts, threats, pregnancy.
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16 September 2008 |
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Interim injunction granted restraining police from enforcing a general ban on whistle stop political tours pending expedited judicial review.
Constitutional rights — freedom of assembly, expression and political participation — judicial review — interlocutory injunction against police for disapproval of political whistle stop tours — adequacy of damages and balance of convenience.
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15 September 2008 |
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Appeal dismissed: identification and accomplice/hearsay evidence upheld; seven-year aggravated robbery sentence affirmed.
Criminal law – robbery; identification evidence and parade procedure; admissibility and corroboration of accomplice/confession and hearsay evidence; sufficiency of evidence; alibi; aggravated robbery sentence.
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14 September 2008 |
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Prolonged unlawful detention established as false imprisonment; K600,000 awarded; defamation claim failed.
False imprisonment — unlawful detention beyond permissible period — assessment of general (non-pecuniary) damages; Defamation — requirement of communication of untrue matter likely to disparage — not established.
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3 September 2008 |
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An agreed adjudication/arbitration clause must be honoured; no special reasons existed to bypass it, so proceedings stayed pending adjudication.
Arbitration and adjudication clause – enforcement and stay pending adjudication; Termination for convenience – fact‑dependent exercise; Contractual dispute resolution – special reasons required to bypass; Commercial jurisdiction – High Court Commercial Division.
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3 September 2008 |
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Appellant's admissions and corroborating witness evidence established theft beyond reasonable doubt; conviction and sentence affirmed.
Criminal law – theft – sufficiency and admissibility of evidence – corroboration by accused's admissions – inconsistencies in witness statements not fatal – trial court’s factual findings upheld; sentence affirmed.
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2 September 2008 |
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Appeal against conviction and eight-year sentence for repeated defilement of a child dismissed; identification and medical corroboration upheld.
Criminal law – Defilement of a child under 13 – Identification by eyewitness and complainant – Medical corroboration of repeated sexual intercourse and STI – Delay in medical examination – Unreliability of speculative allegations of witness coaching – Sentence: appropriateness for repeated sexual abuse.
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2 September 2008 |
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Whether close-range identification and presence in the getaway vehicle established robbery; conviction and sentence affirmed.
Criminal law – robbery – identification evidence and recognition at close range – presence in getaway vehicle – right of association – adequacy of opportunity to call and cross-examine witnesses – sentence upheld.
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2 September 2008 |