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Citation
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Judgment date
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| December 2005 |
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Eyewitness identification of UPDF shooters established vicarious liability of the Attorney General; damages and interest awarded.
Government Proceedings Act – vicarious liability of State for armed forces' acts; identification evidence – eyewitness accounts in daylight; civil standard of proof – balance of probabilities and shifting evidential burden; assessment of damages for destroyed vehicle; interest for delayed justice.
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23 December 2005 |
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Lease expiry vests title in lessor; purported sale concerned improvements, not the land.
Land law – lease expiry and reversion of title; sale agreement limited to improvements; equitable interest in improvements and right to prompt compensation; allegation of fraud in grant of lease not proved.
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13 December 2005 |
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High Court correctly struck out suit as res judicata because LC I competently decided the customary kibanja dispute.
Res judicata – section 7 Civil Procedure Act; Local Council I jurisdiction over customary land disputes prior to Land Act; kibanja (customary occupancy) v mailo interests; application of Sheridan test to bar relitigation.
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8 December 2005 |
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Registry omission to cause-list and reasonable reliance on counsel/cause list can constitute sufficient cause to set aside dismissal.
Civil procedure – Order 9 rr.19–20 CPR – setting aside dismissal for non-appearance – "sufficient cause" – administrative omission to cause-list as potential sufficient cause – exercise of discretion and appellate interference; inherent jurisdiction (s.98) as alternative relief.
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2 December 2005 |
| November 2005 |
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Bail application raises questions on constitutional rights and requires interpretation by the Constitutional Court.
Constitutional Law - Right to apply for bail vs right to bail - Judicial discretion in bail matters vs statutory provisions - Interpretation of Article 23(6) of Ugandan Constitution
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25 November 2005 |
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Levy of distress by uncertified bailiff unlawful; effective eviction on re-entry relieves tenant from post-eviction rent liability.
Distress for rent – statutory requirement of bailiff’s certificate – levy without certificate unlawful; Eviction – acts amounting to eviction (locking premises, evicting staff) relieve tenant of post-eviction rent liability; Unjust enrichment – burden to prove enrichment and lack of evidence; Remedies – set aside post-eviction rent awards and return of unlawfully attached goods; Costs – apportioned.
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21 November 2005 |
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Forgery vitiated the land transfer; purchasers not bona fide; suit not time-barred; appeal dismissed.
* Land law – transfer procured by forgery/fraud – vitiates registered title. * Agency – solicitor’s knowledge imputed to purchaser; purchaser not bona fide where agent had or should have had notice of fraud. * Evidence – handwriting expert’s opinion may be persuasive; attestation abroad must be proved under Evidence/Registration of Titles provisions. * Limitation – fraud discovery rule delays commencement of limitation. * Expropriated Properties Act – does not validate titles obtained by fraud or oust jurisdiction to determine fraud.
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11 November 2005 |
| September 2005 |
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A spouse’s cultivation alone does not create a proprietary interest; a bona fide purchaser without notice is protected.
Land law – kibanja/customary holding – developments (crops) versus proprietary interest; spouse’s use/cultivation does not create automatic legal/equitable interest; bona fide purchaser for value without notice protected; scope of second appeal (s.72/s.74 Civil Procedure Act) and re-appraisal of evidence.
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16 September 2005 |
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A trial court erred by admitting oral evidence to vary written passenger-ticket terms under the Warsaw Convention.
Warsaw Convention – passenger ticket as prima facie evidence of contract; Evidence Act ss.90–92 – extrinsic oral evidence inadmissible to vary written contract; carriage of goods by air – proof of baggage weight; agency, illegality and estoppel.
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5 September 2005 |
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Appellate court increased minors’ dependency damages, finding the trial award inordinately low and miscalculated.
Damages – wrongful death – assessment of loss of dependency where income evidence absent; use of reasonable multiplicand and multiplier; appellate intervention where trial judge misapplies principles and award is inordinately low.
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5 September 2005 |
| August 2005 |
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Default judgment set aside where defendant was not duly served and process-server failed to show due diligence.
Civil procedure — Setting aside ex parte decree — Due service of summons — Affidavit of service and process-server's due diligence — Substituted service (newspaper) for different application not equivalent to service of summons — Sufficiency of defence — Name variation.
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31 August 2005 |
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A default judgment was set aside due to lack of proper service of summons and inadequate judicial evaluation of evidence.
Civil procedure – service of summons – ex parte judgment – setting aside default judgment – due diligence in service – substituted service – evaluation of affidavit of service – right to defend suit.
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31 August 2005 |
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Closure of pleadings does not bar a court from hearing a substantive strike-out motion; the motion must be decided on its merits.
Civil procedure — Interlocutory application to strike out — Defence filed without annexures — Closure of pleadings not fatal — Preliminary objections — Affidavit defects (predating/sworn by counsel) — Remittal for substantive hearing.
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30 August 2005 |
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Whether distress complied with the Distress for Rent Act, whether landlord sanctioned unlawful distress, and quantum of special damages.
Distress for rent – statutory requirements under Distress for Rent (Bailiffs) Act; certificate to act as bailiff; definition/role of "attorney" under Act; landlord's liability for wrongful distress – sanction/ratification; proof and quantum of special damages.
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25 August 2005 |
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A creditor and its receiver found liable for conversion where they sold bailed goods without adequately investigating owner’s claim.
* Civil law – conversion and detinue – requirement of seizure, demand and refusal – liability where creditor/receiver sells goods held by bailee without adequate investigation. * Bailment – bailee’s control makes locus of goods immaterial for conversion claims when owner identifies goods. * Agency – receiver may operate effectively as agent of creditor; creditor can be liable for receiver’s acts. * Damages – special damages must be pleaded and proved; appellate interference limited absent wrong principle or wholly erroneous estimate.
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23 August 2005 |
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Appeal dismissed; court upheld rectification of title and restoration of customary shares after fraud despite procedural issues about a deceased plaintiff.
Land law – fraudulent acquisition of title; equitable/declaratory relief – restoration of customary holdings and rectification of certificate of title; civil procedure – effect of death of a plaintiff and requirement for letters of administration; incapacity – when appointment of guardian ad litem is required.
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19 August 2005 |
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Majority upheld rectification of title for fraud; minority would have set aside relief benefitting deceased absent letters of administration.
Land law – customary kibanja and registered freehold – rectification of certificate of title where title obtained by fraud; Succession/Procedure – survival of cause of action on death, requirement for letters of administration/personal representative; Civil procedure – effect of deceased plaintiff’s death on proceedings; Capacity – when alleged insanity requires a guardian ad litem.
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19 August 2005 |
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An advocate cannot enforce or evade an illegal client agreement; such agreements are unenforceable and appeal dismissed.
Advocates Act (s51) – formal requirements for agreements between advocate and client – non-compliance renders agreement illegal and unenforceable; illegality bars enforcement and taxation of costs; in pari delicto principle; advocate cannot circumvent illegality by relying on Remuneration and Taxation of Costs Rules; letters as part of overarching agreement.
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18 August 2005 |
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5 August 2005 |
| July 2005 |
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A court must base its decision on amended pleadings and payment is presumed where contractual documentary evidence supports it.
Civil procedure – amendment of pleadings – binding effect of amended pleadings – contract law – sale of goods – presumption of payment from delivery of logbook – repudiation of contract – burden of proof.
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22 July 2005 |
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Auction after warrant expiry is void; purchaser not bona fide if agent failed to verify warrant extension.
Civil procedure – Execution of decrees – Attachment and sale of movable property – property must belong to judgment debtor or be under disposing power; possession only relevant if as owner; Auction after expiry of warrant is without authority and void; Bona fide purchaser doctrine – purchaser who inspected warrant and failed to verify extension cannot claim bona fide title; Trial court may investigate liability to attachment when issues are raised on pleadings.
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22 July 2005 |
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The applicant is entitled to refund of a substantial part payment after the respondent’s repossession repudiated the sale.
* Sale of goods – part payment versus deposit – absence of forfeiture clause means substantial part payment is refundable on vendor’s repudiation. * Vendor’s repossession – effect as repudiation of contract and buyer’s right to recover part payment. * Remedy – vendor should sue for damages rather than retain part payment where contract terminated. * Civil procedure – appellate court must not grant unpleaded relief; costs discretionary where parties both at fault.
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21 July 2005 |
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Sale under an expired warrant is void; buyer not bona fide and property remained the bank's, appeal dismissed.
Civil procedure – Execution by attachment – Property liable to attachment must belong to judgment debtor or be held for his benefit; possession alone insufficient; Sale after expiry of warrant is without authority and void; Bona fide purchaser doctrine – purchaser’s agent who inspected expired warrant cannot be bona fide; Trial court may inquire into liability to attachment where issue is joined in pleadings even without formal objector proceedings.
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21 July 2005 |
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Bank and its receiver held liable for conversion of bailed goods sold without proper investigation; damages awarded and increased.
Civil procedure; conversion and detinue — bailment/tanning contract — relevance of locus where bailee in control; receivership — agency and creditor liability for receiver’s acts; proof and assessment of special and general damages; appellate interference with damages only for wrong principle or wholly erroneous estimate.
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15 July 2005 |
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A registered owner’s title prevails; a trespasser is not entitled to compensation or removal rights for improvements.
* Land law – registered proprietor’s rights – buildings deemed part of land – non‑owner cannot validly sell or transfer developments.
* Possession – trespass – occupier aware of lack of title not entitled to compensation for improvements.
* Land Act 1998 – bonafide occupant requirement – twelve years’ unchallenged occupation before Constitution.
* Civil procedure – special damages/mesne profits must be specifically pleaded and proved.
* Appellate practice – new points of law not raised at trial are not entertained.
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14 July 2005 |
| June 2005 |
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Constitutional law—modification of existing laws—Government immunity—Government Proceedings Act—judicial authority—property rights—statutory conformity with the Constitution—eviction order—Constitutional Court jurisdiction—public interest
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30 June 2005 |
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30 June 2005 |
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The High Court lacks jurisdiction over applications seeking constitutional interpretation, which must be brought before the Constitutional Court.
Civil procedure – Jurisdiction – Enforcement of fundamental rights – Right forum for constitutional interpretation under Article 137 – Whether High Court has jurisdiction for applications involving constitutional interpretation – Proper parties to sue in constitutional claims against the state.
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17 June 2005 |
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Appellant's unregistered alleged purchase failed; respondent's equitable and registered legal title gave superior right to possession.
Land law – Registration of Titles Act – Effect of unregistered sale agreements – equitable interest versus legal title – purchaser from beneficiary and acquisition from estate administrator – proof and admissibility of documents – right to possession.
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10 June 2005 |
| May 2005 |
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Eyewitness and medical evidence of slight penetration upheld a defilement conviction and affirmed a 12-year sentence.
* Criminal law – Defilement – Proof of penetration – slightest penetration sufficient to constitute carnal knowledge; medical evidence of vulval inflammation and tenderness can corroborate penetration. * Evidence – Identification and eyewitness testimony – two children saw accused lying on victim; direct evidence may suffice. * Circumstantial evidence – where direct evidence exists, no need for separate corroboration. * Sentencing – appellate interference only if wrong principle, overlooked material factors, or manifest excessiveness.
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30 May 2005 |
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The appellate court reinstates the Chief Magistrate's ruling, finding no fraud in land title acquisition.
Land Law – Fraudulent acquisition of title – Equitable interest – Cancellation of title – Effect of procedural irregularities.
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26 May 2005 |
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Registered title under the RTA bars unproven customary claims; cancellation requires proved fraud and compensation is primary remedy.
Land law – Registration of Titles Act – Sections 59, 176, 177, 178 – Effect of registered certificate as bar to ejectment – Unregistered customary occupation – Proof of fraud and defects in survey/inspection – Compensation for developments where land brought under RTA – High Court’s power to cancel or substitute certificate of title.
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26 May 2005 |
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An appellant may withdraw an appeal, but the respondent is entitled to costs if unnecessarily brought to court and exhibits must be returned.
Civil procedure – withdrawal of appeal – application to withdraw after adjournment and settlement discussions – costs awarded to respondent who had prepared for hearing – return of exhibits – duties of counsel to communicate material instructions.
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18 May 2005 |
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Company Law
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18 May 2005 |
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Court allowed leave to adduce fresh evidence on appeal, holding counsel’s tactical error need not be visited on the litigant.
Appeal — Application to adduce fresh evidence on appeal — Tests for admission: reasonable diligence, probable influence, apparent credibility — Single judge may hear but better practice is full bench — Counsel’s tactical errors not always fatal to litigant where litigant unaware.
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18 May 2005 |
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The appellate court upheld the trial court’s dismissal of a claim for payment after finding the respondent’s settlement evidence more credible.
Contract law – Evaluation of evidence – Settlement and mediation – Credibility of witnesses – Business practices – Documentary and oral evidence – Civil procedure – Grounds for appellate interference with trial courts’ assessments.
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17 May 2005 |
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Court reduced manifestly excessive instruction fees, struck unproven disbursements, and awarded costs to the applicant.
Taxation of costs – instruction fees on appeal – application of paragraph 9(2) of 3rd Schedule – necessity to consider amount in dispute, nature, importance and difficulty, other costs and conduct of proceedings – hypothetical-counsel test vs seniority of counsel – disbursements: mandatory production of receipts under paragraphs 4 and 11 – manifestly excessive award reduced.
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16 May 2005 |
| March 2005 |
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Criminal law
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15 March 2005 |
| February 2005 |
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Whether a wife's cultivation of family kibanja creates a legal interest and whether purchaser was bona fide without notice.
Land law – kibanja/customary holding – distinction between occupation/use (rights of access/occupation or developments) and proprietary interest (legal/equitable ownership); bona fide purchaser for value without notice; limitations on second appeals (Civil Procedure Act ss.72,74) and appellate re-evaluation where lower appellate judge failed to properly re-appraise evidence.
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28 February 2005 |
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Appellant failed to prove a sale or compensable improvements; separate corporate personality and respondents’ rental valuation upheld.
Property law – ownership and contract formation – letters from non-owner do not create sale/lease; corporate personality – refusal to lift veil absent pleading/evidence; proof of improvements – necessity of documentary and valuation clarity; mesne profits – valuation evidence supporting rental award.
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23 February 2005 |
| January 2005 |
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Criminal law
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18 January 2005 |
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Civil Procedure|Actions and applications|Conduct of proceedings|Institution of proceedings
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17 January 2005 |
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Criminal law|Evidence Law|Evaluation of Evidence
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13 January 2005 |
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Documentary proof that the appellant paid money into a respondent's personal account sufficed to disclose a cause of action and confer locus standi.
• Civil procedure – striking out plaint – Order 7 r.11 – plaint must disclose every fact constituting cause of action.• Locus standi – director v company – personal payments by director may give rise to personal claim.• Restitution/money had and received – payment to respondent’s personal account gives right to account and possible recovery.• Pleadings and annexures – documentary evidence not denied must be weighed at trial, not on strike-out.
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11 January 2005 |
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Whether the Land Act preserved s.32 safeguards and whether the High Court properly granted relief against forfeiture; costs awarded to the lessor.
* Public lands — Land Act 1998 s.59(8) — saving of Public Lands Act s.32 — relief against forfeiture. * Relief against forfeiture — equitable and statutory discretion — re-entry for non-payment as security for rent. * Civil costs — discretion to award costs — appellate interference where discretion not judiciously exercised. * Court directions — inspection by agent's engineer permissible.
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1 January 2005 |
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Re‑engagement after wrongful dismissal creates a fresh contract; the applicant is not entitled to salary for the lay‑off period.
Employment law – wrongful dismissal – reinstatement versus re‑engagement – whether interregnum counts as continuous service; remedy for wrongful dismissal is damages not specific performance; recovery of overpaid terminal benefits where employer inadvertently included non‑reckonable period.
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1 January 2005 |
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Employee status, employer withholding obligation, and waiver of interest where employer’s failure caused late tax payment.
Income tax — employment status — employee versus consultant — contractual terms and control test; Withholding obligations — Section 117 Income Tax Act — employer liability to deduct and remit; Interest for late payment — equitable relief and Section 137; Procedural adequacy — High Court’s addressing of main issues sufficient.
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1 January 2005 |
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Whether a spouse’s cultivation/occupation creates a proprietary interest and whether purchaser had notice.
Land law – customary holding (kibanja) – distinction between rights of occupation/use and ownership/equitable interest; bona fide purchaser for value without notice; scope of second appeal (s.72) and interference with concurrent findings of fact where no evidence supports them.
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1 January 2005 |
