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Citation
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Judgment date
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| December 1999 |
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Extension of time granted where delay caused by arranging large security and counsel’s insistence; interest of justice prevailed.
Civil procedure — extension of time — Rules 4 and 42 and s.13(1) Judicature Act — sufficient cause where delay arises from counsel’s insistence on security for stay — practical difficulties of overseas corporate litigant raising large decretal security — interest of justice and public importance as factors.
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23 December 1999 |
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Applicant granted extension to appeal because counsel-caused delay and public-interest considerations justified late filing.
Court of Appeal — Extension of time — Rules 4 & 42 — Sufficient cause for delay — Counsel-caused delay due to insistence on security for stay of execution — Applicant abroad and need to raise substantial security — Interest of justice and public importance of large decretal sums.
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23 December 1999 |
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Criminal law
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16 December 1999 |
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Premature demeanour findings and defective locus in quo proceedings vitiated the trial; conviction quashed and retrial ordered.
* Criminal procedure – Identification evidence – single identifying witness – propriety of trial judge’s mid‑trial demeanour remarks and recording thereof in High Court. * Criminal procedure – View of locus in quo – requirement that accused be present or properly excused and afforded opportunity to cross‑examine witnesses – constitutional right to be present (art. 28(5)). * Procedural irregularity – premature credibility findings and defective locus proceedings vitiate trial – retrial ordered.
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16 December 1999 |
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Section 30(a) Evidence Act (dying declarations) is inapplicable where cause of death is not in issue; conviction quashed.
Evidence Act s.30(a) – scope limited to statements relating to cause of death or circumstances of the transaction resulting in death (dying declarations) – inadmissible as general hearsay where cause of death not in issue; conviction cannot rest solely on such improperly admitted statements; issues of identification and alibi unnecessary to decide once primary evidential basis fails.
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8 December 1999 |
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An award of unpleaded special damages for accrued emoluments was set aside for failure to plead and strictly prove them.
Pleadings and proof — Special damages must be specifically pleaded and strictly proved — Award of unpleaded damages; Sufficiency of evidence — evidence adduced at trial cannot substitute for required pleading where opposite party had no opportunity to meet it; Assessment — award for accrued emoluments must have clear, justifiable calculation.
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7 December 1999 |
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Appellants' alibis rejected; common intention and malice proved, appeals dismissed and convictions upheld.
Criminal law – Murder: malice aforethought established by prolonged beating causing hypovolaemia/closed head injury; Common intention – joint liability where one accused incites and others participate; Evidence – credibility and identification by relative-child witnesses admissible where attack prolonged in daylight; Alibi – rejected when prosecution places accused at scene; Appeal – first appellate court re-evaluates facts and credibility.
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1 December 1999 |
| November 1999 |
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An assessor’s absence for part of a trial is a jurisdictional irregularity requiring quashing of conviction and retrial.
Criminal procedure – Trial with Assessors – Absence of an Assessor for part of the trial – jurisdictional irregularity; Miscarriage of justice – assessor who did not hear all evidence giving opinion – retrial ordered; Evidence – alibi and merits not considered due to procedural nullity.
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25 November 1999 |
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Identification by victims was upheld but use of alleged deadly weapons was not proved; aggravated robbery reduced to simple robbery.
Criminal law – Visual identification evidence – necessity for caution but reliability where victims knew accused and had opportunity to observe; Criminal law – Robbery with aggravation – prosecution must prove use or threat of specific deadly weapon alleged in particulars of offence.
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25 November 1999 |
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Court refused certification for third appeal, holding appointment‑qualification issues are policy, not points of law.
* Criminal law – appeals – third appeals to Supreme Court – requirement of certificate under section 6(5) Judicature Statute, 1996 – whether proposed points raise questions of law of great public or general importance. * Administrative/constitutional law – duties of Permanent Secretaries – responsibility for proper expenditure of public moneys (Article 67). * Public policy v. justiciability – appointment qualifications for accounting officers are Executive policy, not judicial questions. * Criminal responsibility – senior officers cannot evade accountability for financial mismanagement by blaming junior staff (see Kasim Mpanga).
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24 November 1999 |
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Court upheld convictions where credible eyewitness identification and medical evidence supported that the appellants participated in the fatal mob assault.
Criminal law – identification evidence – correctness and safeguards where identification rests on single or few witnesses – familiarity, duration, distance and lighting; Criminal law – alibi – proof and collapse where eyewitness evidence places accused at scene; Medical evidence – cause of death supported by skull fracture and clinical conclusion of internal brain haemorrhage.
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8 November 1999 |
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Appellate court grants injunction and stay of execution to prevent further development after respondent's demolition of disputed property pending appeal.
Civil procedure – Stay of execution – Injunctions – Competence of appeal – Inherent powers of appellate court – Amendment of application after supervening events – Ends of justice – Abuse of process – Respondent’s wrongful demolition of suit property – Service of notice of appeal.
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3 November 1999 |
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Court granted stay of execution and injunction to prevent respondents benefiting from illegal demolition pending appeal.
Civil procedure — Stay of execution and interim injunction pending appeal — Competency of notice of appeal and service requirements — Inherent power to amend notice of motion and prevent abuse of process — Illegal demolition of suit property renders preservation orders nugatory — Costs awarded.
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3 November 1999 |
| October 1999 |
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Intoxication negated malice aforethought; murder conviction quashed and substituted with manslaughter and ten-year sentence.
* Criminal law – Intoxication – Effect on criminal responsibility – Application of Penal Code s.13(4) and malice aforethought.
* Criminal law – Distinction between murder and manslaughter – Substitution of conviction where malice not proved.
* Appeal – Misdirection on applicable statutory provision – Remedy by quashing conviction and substituting appropriate offence and sentence.
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29 October 1999 |
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Dismissal for gross misconduct upheld; employer lawfully set off advances and no severance payable under union agreement.
Employment law – summary dismissal for gross misconduct; disciplinary procedure and suspension; union representation and condonation; terminal benefits and exclusion for gross misconduct; lawful deductions and employer set-off; pleading requirements for notice under Employment Decree.
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21 October 1999 |
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Ownership of a vehicle raises a prima facie inference of vicarious liability; lost dependency and funeral expenses awarded with corrected multiplier.
• Law Reform (Miscellaneous Provisions) Act – actions for benefit of family members – requirements for naming and proving dependants; production/parading of dependants in court.
• Evidence – ownership of motor vehicle as prima facie evidence that vehicle was driven by owner or his servant; burden to rebut rests on owner.
• Vicarious liability – employer liability where servant causes death in course of employment; failure to rebut prima facie ownership inference.
• Damages – special funeral-related expenses recoverable even without receipts where foreseeable; assessing lost dependency (multiplicand and multiplier) and proper apportionment among dependants.
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21 October 1999 |
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Dependants awarded lost dependency damages despite not being paraded; vicarious liability affirmed and special damages granted.
• Law Reform (Miscellaneous Provisions) Act – dependency claims – requirement to produce dependants in court and proof of particulars; • Evidence – prima facie effect of vehicle ownership and burden to rebut to avoid vicarious liability; • Damages – foreseeable special damages recoverable without receipts; multiplier methodology for lost dependency and apportionment among children.
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21 October 1999 |
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Vehicle ownership creates prima facie vicarious liability; dependants awarded recalculated damages despite procedural irregularity.
Law Reform (Miscellaneous Provisions) Act – dependency claims – production/parading of dependants – vehicle ownership as prima facie evidence of driving by owner/servant – vicarious liability – assessment of lost dependency (multiplier principle) – special funeral expenses recoverable without receipts.
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21 October 1999 |
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Short delay in serving Notice of Appeal excused where caused by clerical error, with extension of time granted by the court.
Civil procedure – extension of time – failure to comply with time limits due to inadvertence – sufficiency of cause – responsibility of counsel for action of clerks – omission from affidavit – judicial discretion under Rules of Court.
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5 October 1999 |
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A short delay in serving a Notice of Appeal due to an inadvertent clerical error was condoned, extending time for service.
Civil procedure – extension of time – service of notice of appeal out of time – sufficient cause – inadvertent error by legal clerk – relevance of supporting affidavit contents – judicial discretion.
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5 October 1999 |
| September 1999 |
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Appeal dismissed as incompetent for non‑service of the Notice of Appeal; Registrar lawfully cancelled a tainted title under the Registration of Titles Act.
* Civil procedure – Court of Appeal Rules – requirement to serve Notice of Appeal (rule 77(1)) – failure to serve renders appeal incompetent.
* Civil procedure – leave to appeal – lodging Notice of Appeal before grant of leave permissible (rule 75(4)).
* Land law – Registration of Titles Act – powers of Registrar to amend/cancel entries (ss. 69, 178(a)) – correction of Register where registration tainted by irregularities or obvious mistake.
* Evidence – admissions by appellant’s solicitors acknowledging irregularities supporting Registrar’s action.
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30 September 1999 |
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Non‑service of a notice of appeal renders it incompetent; registrar may cancel title to correct obvious irregularities.
Land law – Registration of Titles Act – Registrar’s power to rectify Register/cancel certificate of title under ss.69 and 178(a) where obvious irregularities exist; Civil procedure – Court of Appeal Rules – rule 75(4) (lodging notice before leave) and rule 77 (service of notice of appeal) – failure to serve notice renders appeal incompetent.
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30 September 1999 |
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The court awarded costs to the applicant despite dismissing the application as it was bemused by events.
Civil procedure – appeal – extension of time – costs incurred due to misinterpretation of legal deadlines by counsel.
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30 September 1999 |
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Appellate court upheld UGX 15,000,000 general damages and 24% interest against a bank for wrongfully withholding a client's funds.
Bank liability for mishandling current account; general damages for injury to business reputation and credit; limits on awarding damages for lost profits; discretion to award interest under s.26(2)(3) Civil Procedure Act; appellate interference with quantum of damages.
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16 September 1999 |
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Proceedings instituted by counsel without a valid practising certificate are void and may be quashed with costs against counsel.
* Civil procedure – validity of proceedings – institution of proceedings by counsel lacking a valid practising certificate – proceedings declared nullity and quashed.
* Costs – personal liability of counsel for costs where counsel knowingly conducted proceedings without practising authority.
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14 September 1999 |
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Proceedings commenced by counsel without a valid practising certificate are nullities and will be quashed with personal costs.
* Civil procedure – validity of proceedings – commencement by counsel without valid practising certificate – proceedings are nullities and liable to be quashed; * Costs – personal liability of counsel who knowingly prosecutes without a practising certificate.
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14 September 1999 |
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Court granted extension of time to file notice of appeal due to counsel's justified delay and oversight by legal assistant.
Civil Procedure – extension of time – failure to file notice of appeal within prescribed time – sufficient cause – mistake by counsel – delay due to personal reasons – Rule 75(2) of the Court of Appeal Rules.
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9 September 1999 |
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Applicant withdrew the appeal under Court of Appeal Rule 42(3)(b); matter struck out and applicant ordered to pay respondent’s costs.
* Civil procedure – Withdrawal of application – Court of Appeal Rules r.42(3)(b) – Withdrawal by applicant’s counsel permitted by consent.
* Civil procedure – Costs – Costs awarded where respondent requests costs on withdrawal and applicant concedes.
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3 September 1999 |
| August 1999 |
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An equitable lease formed by offer, acceptance and part performance cannot be defeated by laches when the owner unjustifiably refuses execution.
Land law – Contract for lease – Offer, unconditional acceptance and part performance create equitable leasehold enforceable in equity; withdrawal after acceptance not permitted. Specific performance – Equitable remedy – Laches not a bar where party holds equitable estate and has not abandoned claim. Limitation – Cause of action accrues on refusal to execute formal lease; statutory limitation not triggered earlier. Rent/busuulu – Failure to plead or pursue eviction remedies does not validate withdrawal of offered lease.
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12 August 1999 |
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Relative eyewitness identification, dying declaration and physical corroboration upheld murder conviction; appeal dismissed.
Criminal law – Murder – Identification by household members – Dying declaration – Corroboration by conduct and physical evidence – Irregularity at case-to-answer stage held harmless.
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5 August 1999 |
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Failure to consider all statements and the whole evidence led to substitution of murder conviction with manslaughter due to doubt on intent.
Criminal law – Murder v manslaughter – Proof of malice aforethought; Assessment of evidence – duty to consider all statements and the whole case; Self‑defence/accident – relevance of victim being armed and conduct during struggle; Credibility – inconsistencies and omissions in witness account; Sentencing – substitution of conviction and reservation of sentence.
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2 August 1999 |
| July 1999 |
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Issuing bank exerted undue influence and failed to verify documentary conformity, causing liability for delivery of wrong machinery.
Banking law – Letters of credit – duty of issuing bank to verify conformity of documents; undue influence – bank officer pressuring purchaser’s agent; negligence in documentary payment – liability for loss of wrong goods; pre-shipment inspection discrepancies (SGS report, invoices, bill of lading); typographical error alleged as fraud; seizure of secured asset for loan default; costs apportionment on mixed outcome.
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29 July 1999 |
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A judge must decide only whether a prima facie case exists, not pronounce guilt before the accused is heard.
Criminal procedure – no case to answer – role of the trial judge at close of prosecution’s case – prima facie case vs. finding of guilt – misdirection/mistrial – section 71 Trial on Indictments Decree – retrial ordered.
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29 July 1999 |
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Trial judge erred in evaluating prosecution alone, but appellate re‑evaluation found overwhelming evidence to uphold conviction.
Criminal law – burden of proof – improper evaluation of prosecution case in isolation shifts burden to accused; trial judgment severable from trial proceedings; appellate re‑evaluation permitted where trial proceedings are regular; alibi and minor contradictions; prejudicial remarks by trial judge.
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29 July 1999 |
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Advocate's failure to obtain a certificate justified extension of time; applicant ordered to file within seven days.
Court of Appeal Rules, r.4 – extension of time to apply for certificate to appeal – sufficient reason required – advocate’s neglect not imputed to client – delay caused by counsel justifies extension; no costs order.
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28 July 1999 |
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Appeal allowed: conviction quashed where witness contradictions supported accidental discharge, making murder verdict unsafe.
Criminal law – murder – evaluation of evidence – material contradictions in prosecution witnesses about presence/use of a hoe and appellant’s statements – accidental discharge as defence – conviction unsafe where contradictions support accidental killing.
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28 July 1999 |
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Delay caused by counsel’s failure to apply for a certificate justified an extension of time to apply for the certificate.
Extension of time – Rules 4, 40(1) and 42(1) – requirement of sufficient reason related to delay; Advocate’s default – delay by counsel constitutes sufficient reason; Judgment read by Registrar – effect on informal applications.
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28 July 1999 |
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Delay caused by counsel’s default is sufficient reason to grant extension of time to apply for a certificate to appeal.
* Civil procedure – extension of time – rule 4 – sufficient reason required; * Counsel’s default – fault of advocate as sufficient reason for client's extension; * Procedural requirements for certificate to appeal to Supreme Court; * Evidentiary role of affidavits in applications for extension.
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28 July 1999 |
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Extension of time granted to apply for certificate where delay was caused by the applicants’ advocates, not the applicants.
* Civil procedure – Extension of time – Rule 4 – Delay caused by advocate’s default constitutes sufficient reason for extension to apply for certificate to appeal to Supreme Court; judgment read by Registrar relevant to timing.
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28 July 1999 |
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Appeal partly allowed: inadmissible hearsay medical report influenced an excessive damages award, reduced on appeal.
Civil appeal — Personal injuries arising from a motor-vehicle accident — Admissibility of medical evidence — hearsay medical report inadmissible — proof of loss of hearing and speech on balance of probabilities — assessment of general damages — appellate interference only where award is based on wrong principle or is inordinately high/low — reduction of general damages.
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22 July 1999 |
| June 1999 |
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29 June 1999 |
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The court dismissed the appeal due to failure to serve the petition on a necessary respondent, rendering it a nullity.
Election Law – Service of petitions – Mandatory versus waivable procedural defects – Court's authority to extend statutory time limits.
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29 June 1999 |
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Registrar's authority affirmed to issue warrants of attachment in Court of Appeal under Judicature Statute.
Civil Procedure – appellate jurisdiction – execution authority of the Court of Appeal – Registrar's competence to issue warrants of attachment under the Judicature Statute.
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29 June 1999 |
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The court upheld discretion in awarding general damages for police-inflicted injuries, dismissing the appeal for larger compensation.
Tort law - Negligence - Police shooting - Damages assessment - Discretion of trial judge in awarding general damages.
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26 June 1999 |
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Appeal dismissed: conditional sale treated as hire; respondent entitled to possession and hire damages.
Contract v sale – conditional sale converted to hire; detinue – entitlement to possession and damages for loss of hire; appeal practice – new locus standi point not entertained on appeal; hearsay evidence properly rejected; assessment of damages in detinue measured to date of judgment.
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25 June 1999 |
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Interest on costs against the Government is not automatic and requires a court order and a taxation certificate.
* Government Proceedings Act – applicability – English Crown Proceedings Act not applicable; domestic law governs proceedings against Government. * Civil Procedure Act s.21(2) – interest on costs discretionary; costs do not carry interest unless ordered and pleaded. * Government Proceedings Act s.20(1) – certificate of taxation required before Government payment; demand to Treasury insufficient.
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25 June 1999 |
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Delay excused where trial record missing and time for preparing the record is excluded under Rule 82(2).
Appeal procedure – striking out notice of appeal – alleged delay – missing trial court file – time to file excluded while preparing record (Rule 82(2)) – responsibility of Civil Registry for missing records – appellate court cannot order retrial or administrative file reconstruction; reconstruction is for trial court.
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15 June 1999 |
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A Rule 109 reference need not include formal grounds; an informative letter suffices, so the objection was rejected with costs.
* Civil procedure – Rule 109 Court of Appeal Rules – Reference against Registrar (taxing officer) – Informal references permitted – sufficiency of grounds in a letter.
* Procedural law – requirement of grounds and prayer – complaint must put respondent on notice but need not be in formal memorandum form.
* Precedent – earlier case not authoritative to impose formal memorandum requirement.
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15 June 1999 |
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Extension of time granted where counsel's negligence and circumstances constituted sufficient cause; applicant not penalized for counsel’s error.
Civil procedure – extension of time under Court of Appeal Rules, r.4 – sufficient cause – delay caused by counsel’s negligence or death – counsel’s error not necessarily imputed to applicant – discretion to extend time.
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4 June 1999 |
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Extension of time granted where counsel's negligence caused delay; counsel ordered to pay the application's costs personally.
Civil procedure – Extension of time under Rule 4 – Meaning of "sufficient reason" – Counsel's negligence as possible ground for extension – Discretionary relief to be assessed on facts; costs may be ordered against counsel personally where delay attributable solely to counsel.
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1 June 1999 |
