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The High Court dismissed an application to restore a labour revision dismissed for want of prosecution, finding no sufficient cause for non-appearance or delay.
The trial court failed to properly assess the credibility and reliability of the victim's testimony, and the unexplained delay in arraigning the appellant created reasonable doubt in the prosecution's case. The conviction was based on evidence that did not meet the standard of proof beyond reasonable doubt, warranting the setting aside of the conviction and sentence.
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The Court of Appeal allowed a rape appeal after finding the lower courts failed to evaluate the defence and the unexplained prosecution delay created doubt.
Applicant failed to establish sufficient cause for extension of time as alleged illegalities were not apparent on the face of the record and required a long process to establish. Applicant did not account for the inordinate delay of eight years and failed to show diligence. The court's discretion was not justified to grant extension.
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The respondent's failure to diligently follow up on the requested documents for about 14 years amounts to a failure to take essential steps in furtherance of the intended appeal, warranting striking out the notice of appeal under rule 89(2) of the Rules.
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Respondents failed to demonstrate diligent follow-up or essential steps to prosecute appeal after expiry of 90 days; no evidence of written communication or efforts to obtain documents; inaction warrants striking out notice of appeal under Rule 89(2) and Rule 90(5).
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The Court of Appeal struck out the respondent bank’s notice of appeal for failure to take essential steps within time and awarded costs to the applicant.
The prosecution failed to prove the offences of rape and unnatural offence beyond reasonable doubt due to inconsistencies in medical evidence, lack of proper evaluation of witness credibility, unexplained delays in prosecution, and failure to call key witnesses, creating reasonable doubt that must benefit the accused.
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Lingering doubts regarding the nature of the incident, inconsistencies in witness testimony, and unexplained delay in prosecution require resolution in favour of the appellant; prosecution failed to prove attempted armed robbery beyond reasonable doubt.
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The High Court Labour Division dismissed an application for extension of time, finding repeated defective filings, delay, and no sufficient grounds to excuse the default.
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