Criminal law — Armed robbery — confession of co-accused — cannot solely ground conviction — failure of prosecution where key witnesses and exhibits absent — identification evidence — Dock identification
17 reported judgments in this volume
Criminal law — Armed robbery — confession of co-accused — cannot solely ground conviction — failure of prosecution where key witnesses and exhibits absent — identification evidence — Dock identification
Criminal law — Evidence Act s.127(7) — cautioned statement admissibility — PF.3 non‑compliance with s240(3) CPA and expungement — Rape — Proof from prosecutrix
Appellate practice — Appellate jurisdiction act s.4(3) — Revision
Criminal law — Cautioned statements — admissibility and voluntariness — Evidence Act s33 — confession of co-accused admissible against another if corroborated — sufficiency of corroborative evidence (extrajudicial statements, eyewitnesses, exhibits)
Criminal procedure — Appealability — Whether an order quashing an acquittal and ordering retrial is a final decision appealable to the Court of Appeal — Appellate Jurisdiction Act s.5(2)(d) — Interlocutory/preliminary High Court orders not appealable unless they finally determin…
Civil procedure — Court of Appeal Rules, 2009 — procedural compliance
Banking law — banker — adverse inference for non‑calling of witness — collecting and paying bank duties — customer relationship — negligent misrepresentation — provisional credit versus cleared funds — statutory notice of dishonour — value date and dishonour
Criminal law— Armed robbery— Visual identification— appellate revision— doctrine of recent possession examined but identification doubtful— reliability and requirements
Civil procedure — appellate rulings — conditional stay of execution — duty of subordinate courts to interpret Court of Appeal decisions — execution is judicial not administrative — non-compliance vitiating stay — revision
Civil procedure — mootness — application overtaken where subject property already sold — Stay of execution
Civil procedure — Stay of execution pending appeal — requirement of an executable order — Stay applies to decree or order, not to a delivered judgment — Substantial loss and security undertaking required for stay — Substantial loss, absence of unreasonable delay, and provision o…
Criminal procedure — preliminary hearing forms part of trial — Trial by magistrate with extended jurisdiction after plea/preliminary hearing a nullity — Irregularity where High Court judge sits in Resident Magistrate's Court — Remedy: quash proceedings and order proper High Cour…
Criminal law — Attempted rape — Defective charge incurable — Evidence cannot cure omission — Conviction quashed — retrial discretionary
Criminal law — Armed robbery — admissibility of grounds on second appeal — doctrine of recent possession — evidence and identification of recovered property — Sentence — corporal punishment and mode of administration
Criminal law — Child witness evidence — Mandatory voire dire before receiving evidence of a child of tender years — Criminal Procedure Act s.192 — preliminary hearing compliance — Medical evidence (PF.3) — identification, admission and probative value
Civil procedure — Revision — revisional remedy for procedural irregularities — Allegations of procedural impropriety do not excuse compliance with statutory limitation — scope and appropriate procedure — Court limited to matters pleaded in the notice of motion — Time limit for f…
Criminal law — admissibility of cautioned and extra-judicial statements — Whether cautioned and extra-judicial statements have sufficient probative value to sustain conviction Criminal procedure — Curable irregularity — Whether irregularity occasions failure of justice under sec…