Appeal allowed, conviction of murder contrary to section 204 of the Penal Code quashed, sentence of death set aside and accused found guilty of manslaughter contrary to section 205 of the Penal Code,in view of the severity of the injuries he inflicted on the deceased, Accused sentenced to 9 years imprisonment from the date of judgment of the superior court - 31st January, 1992.
1st plaintiff being wife to 1st defendant; 1st defendant disposing of land to the 2nd defendant without the consent of the 1st plaintiff; defendants not entering appearance and not filing any defence; Matrimonial Property Act providing that consent of spouse is mandatory in a disposition; sale nullified; property to revert back to the previous proprietorship with an entry that the 1st plaintiff has a beneficial interest as spouse.
Suit touching on two titles to same land; Both plaintiff and defendant having leasehold titles; question of which of the two titles should be upheld; principles to be applied; need for parties to show root of title; plaintiff alleging to have purchased from a person not party to suit, said person’s title alleged to have been purchased from third party but who had already surrendered his title to Government; nothing to transfer upon surrender; plaintiff’s title not genuine; defendant’s title upheld
Constitutional petition alleging violation of right to clean and healthy environment; petitioner being owner of land; adjacent owner allowing the erection of a telecommunication receiver station and mast; entity erecting the mast having no licence from CCK to do so; process of planning approval not properly followed; EIA and public consultation; petitioner arguing that he was not consulted; consultation only on caretakers of neighbouring parcels; no proof of consultation of property owners including petitioner; EIA requiring adequate and proper consultation; lacuna in law on regulations on erection of telephone base receiver stations; need for regulations to be in place; remedies; restoration order; receiver station having been put up illegally ordered to be pulled down
Chargee's sale by auction; plaintiff declared highest bidder and pays purchase price within time; chargee refusing to transfer the property alleging that the sale was illegal for want of a valuation report; whether such sale illegal; no complaint by chargor; whether chargee entitled not to transfer property; held that chargee has obligation to transfer property upon sale
Plaintiff being wife of 1st defendant; 1st defendant selling suit property to 2nd defendant; property then charged to interested party; plaintiff claiming that she was not aware of the sale and did not approve of it; transaction entered into before new land laws which provide for spousal consent; evidence showing that plaintiff must have been aware of the sale and must have approved of it or at least gave the impression that she approved of it; no need therefore in the circumstances to determine whether or not consent was a requirement before new land laws of 2012; plaintiff's suit dismissed; counterclaim by 2nd defendant for possession of premises allowed