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The Supreme Court of Canada holds that where condom use is a condition of the complainant’s consent to the sexual activity in question, it will form part of the sexual activity in question and the consent analysis under section 273.1 of the Criminal Code of 1985 on aggravated sexual assault
The Supreme Court of India holds that the right to dignity entails recognising the competence and authority of every woman to take reproductive decisions, including the decision to terminate an unwanted pregnancy
The Constitutional Court of Zambia holds that in the absence of a clear allegation in a petition, of what article of the Constitution has been contravened, the court cannot provide redress to the petitioner
The Court of Appeals of Maryland holds that whereas primary insurance attaches upon the happening of the occurrence that gave rise to liability, excess insurance (such as that provided by an umbrella policy) attaches only after a predetermined amount of primary coverage has been exhausted
The Supreme Court of Seychelles holds that a party that brings proceedings on behalf of a legal person has to state that he or she is authorized to bring the said proceedings
An award of disability retirement benefits for post-traumatic stress disorder and traumatic brain injury to a soldier who was once charged with an offence that could result in dismissal or punitive discharge does not prohibit changing the discharge certificate in order for it to be accurate and complete
The Supreme Court of eSwatini holds that the eSwatini marriage formalities (the teka and lobola) however legally void create a de facto contractual relationship between the spouses
Where summons are served notice within the prescribed period, or at all, such service is nevertheless effective for the interruption of prescription if condonation was subsequently granted
The Constitutional Court of South Africa holds that a child was vulnerable to being stigmatized by her peers and loved ones hence imposing a criminal sanction for the use and/or possession of cannabis on a child infringed on her right to dignity
The Supreme Court of Canada holds that section 2.4 (1.1) of the Copyright Act of 1985 on communication of a work to the public should be interpreted to mean that reproducing or performing a work online or offline should engage the same copyright interests and require the same royalties
The High Court of Tanzania holds that in proving sexual offences, the best evidence is that which comes from the victim but if the victim is a child, then he/she must be treated in accordance with section 127(2) of the Evidence Act during adducing of evidence
The Supreme Court of UK holds that for cases of curriculum vitae fraud, it would be appropriate, as a pragmatic approximation of the profit gained, simply to base it on the percentage difference between the fraudster’s initial salary in the new job obtained by fraud and the fraudster’s salary in his or her prior job
The African Court on Human and Peoples’ Rights holds that the sum of KES 57 850 000 is sufficient for compensation for material prejudice and KES 100 000 000 as compensation for moral prejudice as a result of the differential treatment of the Ogiek Community
The Supreme Court of Oregon holds that a forfeiture results only if the owner of the mistreated and impounded animals cannot fulfill the preexisting obligation of paying a security deposit or posting a bond so as to enable the state mitigate costs while ensuring that the animals receive the care that is legally required
The Supreme Court of India holds that in granting a mining site license to a party, the state must undertake the necessary due diligence to determine as to whether the site has been already allotted to another party before allocating it
The High Court of Uganda holds that once the law has created a statutory procedure to address a grievance, then it is deemed mandatory to exhaust that alternate procedure before trying to seek the court’s discretion in availing the same remedies under judicial review
Kenya Law Weekly Issue 024/22-23
Kenya Law Weekly Issue 023/22-23
Where summons are served without giving the statutory notice within the prescribed period, or at all, such service is nevertheless effective for the interruption of prescription if condonation was subsequently granted
Kenya Law Weekly Issue 019/22-23

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