Women and children

Zimbabwe · 2024

Principle established: Convictions for indecent acts upon young persons are subject to appellate review to ensure the trial court correctly applied the law to the facts.

Lanbuk on the Law of Torts · 1922

Principle established: A tempting danger can be an 'allurement' to children. An occupier must take more care for children than for adults.

Zimbabwe · 2026

Principle established: In divorce proceedings involving minor children, the court prioritizes the best interests of the child, particularly regarding custody and educational arrangements, despite procedural delays by the parents.

Lanbuk on the Law of Torts · 1925

Principle established: Shock from fear for close family, perceived with one's own senses, can be recoverable.

Lanbuk on the Law of Torts · 1834

Principle established: Under the older view, the claimant had to know of the restraint.

Sierra Leone — African Law Reports · 1972-73

Principle established: In child custody disputes, the child's welfare is paramount; between parents, if welfare is equally served, the father's claim has priority, while a parent prevails over a third party unless shown unfit.

Sierra Leone — African Law Reports · 1950-56

Principle established: A recital in a pre-1933 deed stating that property was purchased by a married woman for her separate use creates merely a rebuttable presumption in her favour.

Kenya · 2014

Principle established: Adoption may be granted for an abandoned child legally freed for adoption, provided the applicants demonstrate the necessary financial and emotional capacity to care for the child.

Sierra Leone — African Law Reports · 1920-36

Principle established: The court has absolute discretion in custody orders, with the paramount consideration being the interests and welfare of the children.

Uganda · 2026

Principle established: The court may appoint a legal guardian for a minor to facilitate necessary medical treatment and repatriation when it is in the child's best interests.

Uganda · 2026

Principle established: A biological mother and sole guardian may be granted legal authority to manage and lease property held in the names of her minor children for their maintenance and welfare.

Sierra Leone — Court of Appeal · 2012

Principle established: A person convicted of unlawful carnal knowledge may apply for bail pending the hearing and determination of their appeal against conviction and sentence.

Lanbuk on the Law of Torts · 1942

Principle established: Imputing lesbianism was held to be an imputation of unchastity under the Slander of Women Act 1891.

Kenya · 2024

Principle established: A conviction for defilement of a minor results in a mandatory life sentence under the Sexual Offences Act, which may be upheld on appeal if the evidence is conclusive.

Zimbabwe · 2023

Principle established: In matters concerning children, the best interests of the child are paramount, and the court may consider applications for access by non-parents to maintain family ties.

Uganda · 2024

Principle established: A convict seeking bail pending appeal must demonstrate exceptional circumstances or a high likelihood of success in the appeal against conviction or sentence.

Zimbabwe · 2024

Principle established: Reasonable access rights granted in a divorce decree may be interpreted to include international travel if the non-custodial parent resides abroad and such travel was contemplated at the time of the order.

Kenya · 2024

Principle established: A sentence of life imprisonment for defilement may be challenged on the grounds of being excessive or unconstitutional, requiring the court to consider the specific circumstances and time spent in remand.

Sierra Leone — Court of Appeal · 2022

Principle established: In criminal trials, the prosecution bears the burden of proving the accused's guilt beyond reasonable doubt, and procedural requirements for the mode of trial must be strictly observed.

Kenya · 2022

Principle established: Conviction for the defilement of a child requires proof of intentional penetration, and the court must adhere to statutory sentencing guidelines for such offences.

Zimbabwe · 2026

Principle established: In cases of sexual offenses, the court evaluates the credibility of the complainant and looks for corroborating evidence to support the conviction.

Zimbabwe · 2023

Principle established: A court may vary a maintenance order for minor children where there is a change in circumstances or where the existing order no longer meets the children's needs.

Kenya · 2024

Principle established: An extension of time to file an appeal may be granted if the delay is attributed to the court's failure to provide proceedings and the applicant demonstrates an arguable appeal.

Lanbuk on the Law of Torts · 1955

Principle established: An occupier may expect that parents will not let very young children go about without supervision. The main responsibility for small children lies with their parents.

Malawi · 2023

Principle established: A repeat offender convicted of a serious sexual offence such as defilement may be referred to a higher court for a sentence that exceeds the jurisdictional limits of the trial court.

Kenya · 2025

Principle established: The power to define the parameters of mandatory sentences rests with Parliament; courts violate the doctrine of separation of powers by substituting mandatory minimum or maximum sentences with alternative terms.

Lanbuk on the Law of Torts · 1929

Principle established: At common law an occupier owed a trespasser no duty of care, only a duty not to injure him deliberately or recklessly.

Uganda · 2025

Principle established: A conviction for aggravated defilement requires proof of unlawful sexual intercourse with a minor, and the court must impose a sentence that reflects the gravity of the offence.

Zimbabwe · 2025

Principle established: In sentencing for sexual offences involving minors, the court must balance the seriousness and prevalence of the crime against mitigating factors, such as the consensual nature and delay in reporting.

Zimbabwe · 2022

Principle established: Magistrates must exercise caution when accepting a plea of guilty from an accused person who appears to suffer from a mental disorder, ensuring the plea is genuine and understood.

Zimbabwe · 2023

Principle established: Criminal proceedings involving sexual offences against young persons are subject to automatic review to ensure the conviction and sentence are in accordance with the law and the facts.

Zimbabwe · 2025

Principle established: In an automatic appeal against a death sentence for murder, the court reviews the overwhelming evidence and the nature of the crime to determine if the conviction and sentence are justified.

Sierra Leone — African Law Reports · 1964-66

Principle established: A mother's adultery does not automatically bar her from obtaining custody of a young child, which must be determined based on the child's overall welfare and all relevant circumstances.

Sierra Leone — African Law Reports · 1964-66

Principle established: Failure to appeal against a decree nisi granting interim child custody does not preclude a subsequent appeal against an order made upon an application to vary custody.

Malawi · 2024

Principle established: The High Court reviews the legality and propriety of a plea of guilty in sexual offence cases to ensure the accused fully understood the charge and consequences.

South Africa · 2024

Principle established: Convictions and sentences for sexual offences against children, including rape and grooming by parents, will be upheld where the evidence supports the charges under relevant sexual offences legislation.

Kenya · 2024

Principle established: An application for extension of time to file an appeal requires a reasonable explanation for the delay and a demonstration of the merits of the intended appeal.

Sierra Leone — Court of Appeal · 2008

Principle established: Not yet classified

Zimbabwe · 2025

Principle established: Not yet classified

Uganda · 2026

Principle established: Not yet classified