This matter was placed before me as an opposed application and a counter application. For the sake of consistency, the parties shall remain as cited in the main application. More
The applicant was convicted of theft of a motor vehicle as defined in s 113 of the Criminal Law (Codification and Reform) Act, [Cap 9:23] and was duly sentenced. The applicant noted an appeal against the decision of the court a quo and has approached this court with an application for bail pending appeal. The respondent in opposition of the application raised points in limine. The court moved for address on merit after both the applicant and respondent counsel had submitted oral argument against and for upholding of points in limine respectively in their documents filed of record and from... More
On 29 April 1995 the plaintiff and defendant were joined in holy matrimony by a minister of religion in terms of the Marriages Act Chapter 5:11. That must have been a joyous occasion, not only to the two but to their respective families and friends. Sadly 14 years down the line the couple no longer wishes to continue as husband and wife. Whatever happened to their vows to live together ‘till death do us part’ is only known by the two of them. More
This is an appeal against conviction and sentence. The appellant was convicted after a trial, of one count of theft of trust property as defined in s 113 (2) (d) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 10 years imprisonment of which 3 years imprisonment was suspended for 5 years on condition that during that period he does not commit any offence involving dishonesty for which he is sentenced to imprisonment without the option of a fine. The effective period of imprisonment was 7 years. More
