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Inducement by the victim is not a valid defense in child defilement cases due to strict liability; the correct sentencing law must be applied, and mitigating circumstances warrant reduction of sentence to 14 years.
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The Court of Appeal dismissed Manizabayo’s appeal, holding that mistake about a child’s age is no defense to defilement and the 15-year sentence could not be reduced or suspended.
SANLAM AG Plc is liable for damages because it failed to prove that the insured (driver) committed an intentional fault with the intent to cause harm. The mere fact of knowingly committing a prohibited act does not constitute intentional fault unless intent to cause harm is established. The injured party’s fault does not bar compensation unless it is the sole cause of the accident or was committed with intent to cause self-harm. Comparative fault may reduce but not exclude damages unless the injured party’s fault is total or intentional. The previous precedent (Kirehe District v SAHAM Assuran…
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REG is strictly liable for the damages resulting from the electrocution death because the accident was caused by its fallen power lines, which it had a duty to maintain and control. The school bore no responsibility as the accident occurred outside its premises and was not due to its actions. The damages awarded by the lower court were not excessive given the circumstances and precedents. The appeal by REG lacked merit and was dismissed.
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