JUDGMENTS
Civil Appeal No. 1 of 2008
[Appeal from Registrar’s assessment of damages to a Judge. Appeal from Judge’s decision to Court of Appeal. Appeal to Judge is a rehearing in which it is incumbent upon Judge to come to his own decision on the matter. Judge erred in finding “no sufficient reasons to justify” interfering with Registrar’s decision. Matter remitted to Judge to complete hearing. ]
Decision date: 20 May 2008
Civil Appeal No. 1 of 2008
[Claim for damages arising out of a traffic accident: Appeal to the Court of appeal from Intermediate Court. Application to call further evidence before Court of Appeal. No proper basis for application. Motion dismissed.]
Decision date: 20 May 2008
Civil Appeal No.3 of 2008
Civil Appeal No. 19 of 2007
Civil Appeal No. 13 of 2007
[Assessment of damages – pain and suffering and loss of amenities – principles applicable – appeal – approach of appellate court – whether there has been a “wholly erroneous” estimate of the damages suffered such as to warrant interference.]
Decision date: 14 May 2008
Criminal Appeal No. 1 of 2008
Criminal Appeal No. 3 of 2008
Criminal Appeal No. 2 of 2008
Criminal Appeal No. 15 of 2007
Criminal Appeal No. 17 of 2007
[Multiple rapes by a father of his two young daughters – overall sentence of 18 years and 12 strokes appropriate to reflect the criminality of the offences – appeal dismissed – conviction for attempted rape not supported by the facts – conviction quashed]
Decision date: 5 May 2008
Civil Appeals No. 9 of 2006 and 6 of 2007
[1. Only on exceptional circumstances will the Court of Appeal allow an appeal against a decision below by consent of the parties.
2. There can be no criticism of the decisions below but in the exceptional circumstances of this case appeal allowed on the application of the parties and the bank’s indication that it does not wish to oppose the appeal.
3. The plaintiff Bank to pay the costs thrown away in the Appeal and below up to 28 April 2008 as well as the costs of today’s application.]
Decision date: 3 May 2008
Criminal Appeal No. 16 of 2004
[Admissibility of cautioned statements: application of Judges Rules: allegations of impropriety must be supported by evidence at trial.]
Decision date: 5 Dec 2007
Civil Appeal No. 17 of 2006
[Assignment of future moneys due under contract – effective because made for consideration which passed, was expressed in present terms and was notified to debtor – against judicial manager who uses moneys to pay company debts – personal liability of judicial manager.]
Decision date: 4 Dec 2007
Civil Appeal No. 1 of 2007
[Issue of Certificate of Practical Completion by architect under a concurrent contract held to be valid. Appeal allowed. Cost sent back to trial judge to decide damages issue. Appeal dismissed on a 2nd claim.]
Decision date: 3 Dec 2007
Civil Appeal No. 20 of 2005
[Limitation of actions – accrued right under Limitation Act 1967 – 2004 amendments to Interpretation and General Clauses Act 1959 do not have the effect that Emergency (Limitation) Order 1991 took away existing right – application of Marsal v Apong [1998] 1 WLR 674 – appeal against judgment for defendant dismissed.]
Decision date: 3 Dec 2007
Criminal Appeal No. 10 of 2007
[Respondent aged 23 pleaded to 33 offences of dishonesty on 4 separate occasions in front of different tribunals. 9 years and 11 months to be served reduced to 8 years and 2 months to reflect total criminality. This is a heavy deterrent sentence for a young man of 23 without previous offending. Undesirable to sentence on 4 different occasions for parts of the same series of offences]
Decision date: 29 Nov 2007
Civil Appeal No. 11 of 2006
[The true meaning of the words ‘judgment debt’ in Order 42 rule 12 is that a judgment
debt includes an award of costs. – Interest on costs runs from the date the judgment is given – the incipitur rule.]
Decision date: 28 Nov 2007
Civil Appeal No. 6 of 2007
[Appeal against 0.14 grant of Summary Judgment; Refusal to allow ad hoc admission of English Queen’s Counsel; Appeal against that decision – Held: Decision wrong in so far as it took into account skill and qualifications of local counsel. Decision reverse on ground special skill and qualifications were required.]
Decision date: 26 Nov 2007
Criminal Appeal No. 11 of 2007
[Appeal against decision by judge holding Notice of Motion was incorrect procedure in an application to recuse in course of criminal trial. Held – Jurisdiction of Court of Appeal is governed by Cap 44 and 45 of Criminal Procedure Code and an appeal in a criminal trial can only be made after conviction]
Decision date: 24 Nov 2007
Criminal Appeal No. 9 of 2004
[Appeal against conviction for two rapes of 13 year old daughter –credibility issue resolved in favour of daughter- appeal dismissed. Appeal against total sentence of 20 years and 15 strokes concurrent with earlier sentence of 10 ½ years for 7 offences of using criminal force intending to outrage modesty against same daughter – serious offences – force and threats – sentence upheld]
Decision date: 15 Nov 2007
Criminal Appeal No. 5 of 2005
[Housebreaking and theft – appropriate approach to sentencing for multiple offences and application of totality principle]
Decision date: 15 Nov 2007
Criminal Appeal No. 8 of 2007
[Long delay partly due to negotiations which resulted in the Public Prosecutor dropping some charges and preferring a lesser charge to which the Appellant pleaded guilty. Not a late plea in the circumstances. Delay of over 4 years not Appellant’s fault. Appellant entitled to usual discount for plea and some reduction for the excessive delay]
Decision date: 12 Nov 2007
Criminal Appeal No. 12 of 2007
[Sentence – 4 housebreaking and 1 retaining property – guilty pleas – 4 years not manifestly inadequate or manifestly excessive – appeals dismissed]
Decision date: 10 Nov 2007
Criminal Appeal No. 4 of 2007
[Sentence – Culpable homicide not amounting to murder attack by armed group resulting in death – 4 years clearly not excessive – appeals dismissed]
Decision date: 10 Nov 2007
Criminal Appeal No. 6 of 2007
[Sentence passed less than the minimum under S. 3A and 2nd Schedule of the Misuse of Drugs Act Cap 27]
Decision date: 7 Nov 2007
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