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Nukuu
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Tarehe ya hukumu
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| Disemba 2008 |
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Civil procedure – Preliminary objection – Locus standi – Trial judge’s failure to hear parties and decide preliminary objections – Proceedings declared nullity – Ruling and orders set aside and file remitted.
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2 Disemba 2008 |
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Civil procedure — Preliminary objections; locus standi — failure to address objections and to hear parties — procedural irregularity — nullity of proceedings; appellate revisional powers — setting aside rulings and remitting matter for proper determination.
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2 Disemba 2008 |
| Novemba 2008 |
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Appellate procedure – leave to appeal – requirement that intended appeal have some merit or reasonable prospects of success before leave is granted; Evidence – appellate interference in findings of fact and credibility limited where intended appeal is primarily evidential; Civil procedure – execution to proceed where leave to appeal is refused.
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28 Novemba 2008 |
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Appellate procedure – leave to appeal – requirement that intended appeal have reasonable prospects of success before leave is granted
Evidence – indebtedness – sufficiency of oral evidence versus absence of documentary proof
Execution – refusal of leave permits execution to proceed
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28 Novemba 2008 |
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Appellate procedure — Leave to appeal — Granting leave only where intended appeal has reasonable prospects; evidential disputes and balance of probabilities; refusal of leave where central issue is credibility and lower courts’ findings stand.
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28 Novemba 2008 |
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Jurisdiction — Regional Magistrate with extended jurisdiction — Improperly purporting to sit as High Court — proceedings and ruling nullity; Appeal procedure — no appeal/leave against a nullity; Remedies — revision to expunge invalid proceedings; Procedural competence — Court of Appeal single judge lacks power to substitute proper appellate/revisional procedure.
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27 Novemba 2008 |
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Criminal law – unlawful possession of firearm and ammunition – sections 4(1) & 34(2) Arms and Ammunition Act Evidence – credibility of arrest/searching witnesses; corroboration by ballistic expert Evidence – identity/chain of custody of exhibit and material discrepancies Appellate procedure – scope and limits of second appeals on findings of fact
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27 Novemba 2008 |
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25 Novemba 2008 |
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Civil procedure — Appeal competence; Rule 77(1) mandatory service of notice of appeal — failure fatal; Rule 83(1) institution period and registrar's certificate of delay — only one valid; supplementary certificate of delay invalid; trial court lacks jurisdiction to extend time after notice filed; appeal struck out.
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24 Novemba 2008 |
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Criminal law – unlawful possession of drugs; chain of custody – continuity and record of exhibit handling; Police General Orders on exhibit records; appellate review of findings of fact; police witness competence and no rule requiring corroboration; illegality of reducing statutory minimum sentence.
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24 Novemba 2008 |
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Land law – validity of grants of rights of occupancy – statutory execution and delegation under the Land Tenure Act (s.9(2)) – offers void if not executed by Minister or authorized Director. Administrative act – revocation of grant – revocation signed by Commission official invalid if no proper delegation
Remedies – squatter status and entitlement to compensation for demolished improvements
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20 Novemba 2008 |
| Septemba 2008 |
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Criminal law – Homicide: murder requires both actus reus and mens rea (intent to kill or cause grievous bodily harm); eyewitness and post-mortem evidence can establish causation; absence of proven intent may reduce charge to manslaughter; split assessors’ opinions are advisory and judge may resolve inconsistencies.
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18 Septemba 2008 |
| Mei 2008 |
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Administrative law – employment – transfer of civil servant – effect of internal investigative committee recommendations – reliance on a report not tabled before the legislature – authority of Civil Service Department under Rule 33 – de facto service commission pre-enabling Act – routine transfer versus disciplinary action – right to be heard.
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22 Mei 2008 |
| Februari 2008 |
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Criminal procedure — limitation — memorandum of appeal filed late — Rule 65(5) discretion requires sound reasons — prisoner must prove any reliance on prison authorities (affidavit/evidence).; Evidence — proof of receipt of goods — assumption of standard packaging insufficient to prove quantity received; Theft — ownership — associations (FAT) are "persons" under Penal Code and can own property capable of being stolen.
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19 Februari 2008 |