Results.
43 judgments found.
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| December 2010 |
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31 December 2010 |
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Order 14A summary determination refused because disputed factual matters (offer, counter-offer, loan, salary) preclude deciding contract formation.
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Contract formation — offer and acceptance — counter-offer vs mere request; Employment contract; Order 14A summary determination — not suitable where legal issues are interwoven with contested facts; Necessity of full trial for disputed factual matters.
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23 December 2010 |
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Prosecution failed to prove the penetration element of defilement beyond reasonable doubt; conviction quashed.
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Criminal law — Defilement (s.138(1) Penal Code) — essential elements: age and penetration — burden of proof beyond reasonable doubt — corroboration and circumstantial evidence — admissibility and sufficiency of expert/medical evidence.
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20 December 2010 |
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Failure to prosecute appeal and lack of good reasons warranted refusal of extension of time; appellant bears primary duty to prepare record.
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2 December 2010 |
| November 2010 |
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Where allegations are serious and accounts conflict, employers must afford an employee a meaningful hearing, often an oral one with opportunity to confront witnesses.
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Employment law — Right to be heard — Section 57(2) Employment Act — Oral hearing not always required but necessary where allegations are serious and evidence is contradictory — Opportunity to confront and cross-examine witnesses — Procedural unfairness and unfair dismissal.
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24 November 2010 |
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Whether dismissal for alleged theft was fair despite the accuser not being called at the disciplinary hearing.
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Employment law — dismissal for theft — corroborative documentary evidence (meter readings) — procedural fairness and right to confront accuser — section 59(1)(a) summary dismissal — section 61(2) equity.
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11 November 2010 |
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Fresh evidence proving company’s public status admitted on appeal where necessary for justice and where counsel misled the trial court.
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Fresh evidence on appeal — Order III r.24 — two limbs (broad discretion for furtherance of justice; narrower post-decision facts limb) — relationship to Ladd v
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Marshall — admissibility of company documents filed with Registrar — effect of counsel’s misleading conduct
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10 November 2010 |
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Possession gives locus standi in trespass; trespass and assault upheld, but damages substantially reduced on appeal.
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Company law — separate legal personality; Possession as locus standi in trespass; Trespass to land — unauthorised interference with possession; Public right of way defence — requirement to plead and prove; Assault — liability of agents/employees; Appellate review of damages — re-assessment where award is manifestly excessive.
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3 November 2010 |
| October 2010 |
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Registrar's refusal to register a political party for manifesto language and regional membership violated applicants' constitutional and administrative rights.
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Constitutional Law
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Administrative Justice — Failure to give adequate reasons under s43 — Quashing refusal to register political party
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Political Rights — Right to form and join political parties under s40 — Unreasonable limitation by registrar's refusal
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Administrative Law — Judicial Review — Ultra vires and Wednesbury unreasonableness — Registrar’s abdication of decision-making by seeking directions
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18 October 2010 |
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Leave to appeal out of time refused where proposed appeal lacked prospects and vehicle-damage claim had no evidential basis.
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Employment law — unlawful dismissal for polygamous marriage — distinction between criminal prohibition (s.5) and unfair dismissal remedies (s.58, s.63) — leave to appeal out of time—prospects of success—damages for employee's motor vehicle; remoteness and nexus.
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13 October 2010 |
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Whether a time‑limited ex‑parte injunction lapses without inter‑partes application, and whether affixation service under Order 10 r 4 is valid.
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Civil procedure — ex‑parte interlocutory injunction — effect of time‑limited ex‑parte orders and requirement to apply inter‑partes; equity (clean hands) not a substitute for procedural non‑compliance
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Service — Order 10 r 4 affixation to land is exceptional and requires prior court/Registrar authorisation; irregular service may be irregular but not necessarily nullifying (Order 2 r 1)
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Property — possession, trespass and propriety of prohibitory injunctions
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12 October 2010 |
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Appeal against compensation for unfair dismissal dismissed; appellate court will not disturb discretionary 15-month award absent perversity.
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Employment law — Unfair dismissal — Compensation under section 63 of the Employment Act — Judicial discretion in awarding compensation — Factors: immediate and future loss, mitigation, age, fitness, qualifications, and contributory conduct — Appellate restraint in disturbing discretionary awards.
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12 October 2010 |
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Extension of time to appeal refused for inordinate delay; change of counsel is not sufficient cause.
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Civil procedure — Extension of time to appeal — Application dismissed for inordinate delay (over one year); change of counsel/new advice not good cause; Order 1 r.4 SCA Rules; s.23 SCA Act; amendment applications reserved for full panel.
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8 October 2010 |
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Whether press releases and meetings established an unlawful society aimed at disturbing peace under Penal Code ss64(2)(g) and 65.
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Criminal Law — Unlawful Societies — Whether press releases and meetings establish purpose to disturb or incite disturbance of peace — Penal Code ss 64(2)(g), 65
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Constitutional Law — Freedom of Expression and Association — Limits on criminalisation of discussion and regional association — Constitution ss 5 and 44(2)
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7 October 2010 |
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6 October 2010 |
| September 2010 |
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Whether an agent properly joined could withhold sale proceeds as set-off, and whether an enforcement order unlawfully excluded its liability.
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Joinder of parties — Proper joinder of agent to enable determination of entitlement to sale proceeds; Set-off and agency — Agent’s authority and unlawful retention of sale proceeds; Enforcement of judgment — Subsequent enforcement order cannot vary prior substantive ruling to exclude liable party; Interest on withheld funds — entitlement and assessment.
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15 September 2010 |
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Affixing a writ under Order 10 r 4 without prior application is irregular; respondent’s possession and prohibitory injunction upheld.
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Civil procedure — Service of writ for possession — Order 10 r 4 (service by affixing) requires prior application and court/registrar satisfaction; exception to personal service. Irregularity v nullity — Order 21 r 1. Trespass to land — possession vs title; customary land not transferable by private sale
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Injunctions — prohibitory injunction appropriate to preserve status quo ante
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1 September 2010 |
| July 2010 |
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Respondent bank breached its contractual duty by failing to register its charge and timely complete transfer, causing applicant loss.
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Contract law — sale by auction — Conditions of Sale and Acceptance — purchaser acquires equitable interest pending conveyance; Conveyancing — obligation of vendor/bank to obtain government consent and effect transfer; Land law/statutory procedure — registration of charge and compliance with Adjudication of Title Act; Causation and damages — failure to register charge and undue delay causing purchaser's loss; Appeal — appellate interference where lower court findings contrary to weight of evidence.
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27 July 2010 |
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Appeals against costs-only orders require leave; appeals improperly brought and lacking leave were dismissed for want of jurisdiction.
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Civil procedure — Appeal against costs-only order — Leave required from court below — Scherer principle where judge failed to exercise judicial discretion; Procedural competence — challenging earlier jurisdictional directions must be appealed within time or by leave.
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27 July 2010 |
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Court confirmed convictions and sentence for housebreaking and theft after guilty pleas, emphasizing reformative sentencing considerations.
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Criminal law — Housebreaking and theft — Splitting charges into separate counts — Guilty pleas — Confirmation of convictions and sentence — Sentencing considerations: age, prior offending, recovery of property, reform and prison congestion.
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12 July 2010 |
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Conviction for defilement confirmed; sentence increased to six years’ hard labour due to seriousness and lack of remorse.
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Criminal law — Defilement — Confirmation of conviction — Sentencing — Enhancement of sentence for serious sexual offence against a child — Lack of remorse as aggravating factor — Youth of offender considered but outweighed.
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12 July 2010 |
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Religious or cult beliefs do not excuse lethal violence; all six accused convicted of murder.
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11 July 2010 |
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A subsequent challenge to a sale under a charge was barred by res judicata; fraud or absence do not justify fresh proceedings.
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Civil procedure — res judicata (cause of action estoppel) — same parties, same issue, same subject matter — new facts/fraud must be raised by setting aside or appeal — absent party with filed defence and skeleton arguments does not necessarily render judgment a default.
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8 July 2010 |
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Convictions confirmed where voluntary caution admissions and recovery of stolen property corroborated guilt.
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Criminal law — Confirmation on review — Voluntary caution statements — Corroboration by recovery of stolen property — Accomplices leading police to accused's premises.
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6 July 2010 |
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Court confirmed convictions and sentences based on voluntary admissions and recovery of stolen property.
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Criminal law — Confirmation on review — Voluntary admissions in caution statements — Recovery of stolen property as corroboration — Accomplice evidence leading police to suspects’ premises.
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6 July 2010 |
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An absent party should ordinarily apply to the trial court to set aside a default judgment; Court of Appeal may only in exceptional cases hear a direct appeal.
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Civil procedure — Default judgment — Order 35 r.2(1) — Application to set aside judgment — Preferred procedure is application to trial court (preferably trial judge) — Court of Appeal’s discretion to hear direct appeal in appropriate cases — Direct appeal inappropriate where vital evidence not before trial court.
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1 July 2010 |
| June 2010 |
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Respondent granted leave to amend notice; appellant's murder appeal dismissed—provocation failed and death sentence upheld.
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Civil procedure — amendment of respondent’s notice to affirm and vary — Order III r 13(1) — test for leave to amend: issues not on pleadings, absence of supporting evidence, or prejudice — pleadings and lower court findings relevant. Criminal law — murder — partial defence of provocation — sufficiency of evidence and jury direction; sentencing — discretion in imposing death and aggravating conduct warranting capital sentence
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30 June 2010 |
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A bona fide purchaser who acquired registered land under court authorisation is protected from seizure absent evidence of dissipation.
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Property law — Registered land — Proprietor's rights after court‑authorised sale — Protection under s.25 Registered Land Act; seizure and freezing orders — requirement of evidence of dissipation; ex parte applications — duty to disclose material facts; delay and prejudice to bona fide purchaser.
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30 June 2010 |
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Whether provocation or mitigation justified overturning the applicant's murder conviction or avoiding the death sentence.
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Criminal law — Murder — Partial defence of provocation — Whether evidence supported provocation and adequacy of jury directions; Sentencing — Death penalty — Mandatory death sentences unconstitutional; sentencing discretion required but death appropriate where conduct is particularly aggravated.
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30 June 2010 |
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Appellant lacked locus standi and failed to prove Estate ownership; respondents in possession entitled to succeed on trespass counterclaim.
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Property law — possession and trespass — determination of superior possession as basis for title dispute; Company/contract law — interpretation of purchaser in Asset Sale and Purchase Agreement ("Mulli Brothers" v. alleged subsidiary) and effect on locus standi; Evidence — weight of administrative determinations (District Commissioner) and absence of title deeds; Counterclaim — trespass and damages sustained by occupants.
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23 June 2010 |
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Application for stay of execution dismissed; recognition of a validly elected Leader would not render the appeal nugatory.
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Civil procedure — Stay of execution pending appeal — Preliminary procedural objections — Clean hands doctrine — Whether appeal rendered nugatory by recognition of a validly elected Leader of the Opposition under Standing Order 3(3).
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10 June 2010 |
| May 2010 |
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Proceedings set aside for failure to conduct the statutory inquiry and to afford the respondent legal representation.
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Administrative/Disciplinary Law — Legal Profession Discipline — Statutory inquiry under Legal Education and Legal Practitioners Act s37 and Commissions of Inquiry Act — Right to legal representation (s13) — Mandatory procedure for committee inquiries
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Civil Procedure — Originating Summons — Correct form and acknowledgement of service — Irregularity versus nullification — Rules of the Supreme Court Order 28 and Order 2
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12 May 2010 |
| April 2010 |
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The applicant’s request for a stay pending appeal was refused for lack of compelling reasons; High Court orders compel lawful reconsideration, not automatic licence renewal.
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Civil procedure — Stay of execution — Exceptional relief requiring compelling reasons to prevent irreparable harm; Administrative law — Judicial review — Quashing of licence refusals for Wednesbury unreasonableness; Remedy — Orders requiring lawful reconsideration, not automatic licence renewals.
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28 April 2010 |
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Restriction and seizure under anti-corruption law may be justified to preserve assets, but authorities must prosecute promptly.
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Corrupt Practices Act s.23 — Restriction notices and renewals; s.23A seizure orders; evidential burden on applicant to show lawful acquisition; protective purpose of restraint and seizure; constitutional protection against arbitrary deprivation; duty to prosecute expeditiously.
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26 April 2010 |
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A 13‑month delay in filing notice of appeal is inordinate; stay of execution cannot be granted absent a pending appeal.
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Civil procedure — extension/enlargement of time to appeal — Order III rule 4 — must show good and substantial reasons and prima facie grounds; inordinate delay (13 months) fatal. Civil procedure — stay of execution — requires an appeal pending; stay improper where leave to appeal out of time has been refused
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Property — bona fide purchaser and non‑dissipation — freezing/seizure unjustified
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25 April 2010 |
| March 2010 |
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Failure to seek a stay and continuing to collect rents despite an injunction barred equitable relief; injunction refused, costs awarded.
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Civil Procedure — Interim Injunction — Whether to restrain eviction pending appeal — Consideration of stay of execution, adequacy of damages and balance of convenience
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Equity — Unclean Hands — Continued receipt of rents despite injunction — Bar to equitable relief
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4 March 2010 |
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Whether a robbery committed while the perpetrators carried weapons constitutes 'armed robbery' and whether that charge was properly laid.
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Robbery — armed robbery — offence committed while carrying dangerous weapon (panga) — accused entitled to precise description of charge — distinction between 'armed robbery' and 'aggravated robbery' — confirmation of conviction where stolen property identified and recovered
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3 March 2010 |
| February 2010 |
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The court dismissed the applicant’s false imprisonment claim for insufficient evidence and ordered each party to bear own costs.
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Tort — False imprisonment — Whether claimant was unlawfully detained while serving process — assessment of credibility and applicant admissions — evidence inconclusive; costs: each party to bear own costs; suggestion of mediation.
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28 February 2010 |
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Conviction for defilement of a minor confirmed and sentence increased due to respondent’s deliberate HIV‑positive status and aggravating conduct.
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Criminal law — Confirmation of conviction — Sentence enhancement on confirmation; Defilement/indecent assault of a minor; HIV‑positive status of accused as aggravating factor; Medical examination of victims even after bathing.
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28 February 2010 |
| January 2010 |
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The plaintiff's claims for breach, defamation and discrimination dismissed for failure to prove non-performance, publication, or discriminatory treatment.
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Contract formation and scope — interpretation of contractual obligations regarding inter-branch vs. branch-to-van communication; breach for non-performance; defamation — requirement of publication; discrimination — burden to prove differential treatment.
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26 January 2010 |
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Risk of irrevocable loss of sole residence justified a stay of execution pending appeal due to special circumstances.
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Civil procedure — Stay of execution pending appeal — Special circumstances required — Risk of appeal being rendered nugatory — Specific performance and mortgage over sole residence — Backdated/onerous mortgage terms — Inhibition order — Costs in the cause
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19 January 2010 |
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Unretracted caution statements and witness evidence sufficiently supported the jury's murder convictions; appeal dismissed.
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Criminal law — murder — weight of evidence — jury verdict — unchallenged/retracted caution statements — accused's silence — appellate interference — sufficiency of evidence (Kafwambila principle).
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13 January 2010 |
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Minister’s abuse of office conviction for bypassing procurement procedures upheld; finding of personal gain set aside and sentences reduced.
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Criminal law — Abuse of office (s.95 Penal Code) — Minister as public officer — Procurement procedures — Letter of intent treated as binding — No evidence of personal gain — Sentencing: maximum penalty excessive, reduction of sentence.
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13 January 2010 |