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The High Court allowed a criminal appeal after finding fatal procedural defects in the trial, including failure to properly swear or affirm the interpreter and accused.
The High Court partly allowed a criminal appeal, quashing a conviction for unlawful possession of a weapon in a wildlife management area but upholding a trophy-possession conviction.
The High Court allowed a land appeal, finding the disputed 4.75 acres formed part of the late Amsi Boo’s estate and reversing the tribunal’s dismissal.
The trial tribunal was properly constituted as the gender and identity of members were recorded in key sessions, the same members participated throughout, and the statutory requirements were substantially complied with; omission to record gender in every session did not occasion injustice or invalidate the proceedings.
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The prosecution failed to prove the charge of rape beyond reasonable doubt due to unreliable victim testimony, material contradictions in evidence, and failure to summon important witnesses.
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The prosecution failed to prove the case beyond reasonable doubt due to major contradictions in evidence regarding ownership, dates, and improper admission of key exhibits, which were not listed during preliminary hearing. The benefit of doubt goes to the appellant.
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The absence of a valid transfer order from the High Court to the magistrates who conducted the plea, preliminary hearing, and trial rendered the proceedings, judgment, and consequential orders a nullity. Additionally, the prosecution's evidence was marred by procedural irregularities, particularly regarding the disposal of perishable exhibits without the appellants' participation, making a retrial inappropriate.
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The respondent discharged the burden of proof on the balance of probability, ownership of the suit land was established through credible oral testimony and corroborating witnesses, procedural objections regarding assessor's opinion and admission of documents were unfounded, and the appellant's grounds of appeal lacked merit.
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The appeal was dismissed because the failure to provide the complainant's statement and charge did not prejudice the appellant and was curable under section 388 of the Criminal Procedure Act; the prosecution proved all elements of rape beyond reasonable doubt, including age and penetration; and the record showed the appellant was not denied the right to cross-examine the victim, with any error being a slip of the pen that did not affect the fairness of the trial.
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The sublease was invalid for lack of written consent from the lessor as required by law; the outstanding rent is to be calculated at the contractual rate from 1st November 2021, not at the market rate; procedural irregularities did not vitiate the proceedings; removal of goods and final orders were proper as temporary injunctions do not preclude final relief.
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