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Citation
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Judgment date
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| December 2007 |
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The appellant failed to prove electoral malpractice or material non‑compliance; appeal dismissed with costs.
Election law – burden of proof on petitioner in election petitions; admissibility and timing of affidavits; marking of exhibits – party must apply to tender exhibits; opening ballot boxes in court to verify presence of polling agents; proof required for ballot‑box stuffing (serial numbers); non‑compliance must be shown to substantially affect result.
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17 December 2007 |
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Applicant entitled to security for decretal sum and appeal costs where appellants are foreign with no local assets.
Civil procedure – Security for costs – Orders under Court of Appeal Rules 2(2) and 105(3) – Foreign defendants with no assets in jurisdiction – Uncontradicted affidavit evidence establishing sufficient cause – Enforceability of Ugandan judgments abroad.
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12 December 2007 |
| November 2007 |
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A disqualification application based on unsubstantiated, belated allegations of bias must be raised promptly and will be dismissed.
* Judicial recusal – disqualification – appearance of bias – must be raised promptly and supported by evidence; judge decides sufficiency of allegation.
* Civil procedure – recusal procedure – meeting in chambers with judge and opposing counsel – earliest opportunity rule.
* Interim injunction – extension of status quo by chambers order during judicial strike – legality and not ex parte where it preserves existing order.
* Counsel conduct – improper to wait until adverse outcome to raise unsubstantiated allegations of bias.
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26 November 2007 |
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Court suspended refund demands and attempts to remove the applicant under the Leadership Code, but allowed prosecutions to continue.
Constitutional law – Interim injunctions – IGG report into alleged mismanagement of GAVI funds – Jurisdiction and admissibility – Right to fair hearing and presumption of innocence – Leadership Code Act: suspension of demands and removal proceedings pending constitutional challenge – prosecutions not stayed.
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16 November 2007 |
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Unlawful dismissal for breach of natural justice limited to contractual notice damages; withheld funds repayable, other property claims unproven.
Employment law – wrongful dismissal for breach of natural justice – right to be heard; remedy limited by contractual notice provisions; special damages require strict proof; recovery of withheld public funds where employee denied access to accounting records.
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14 November 2007 |
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Appellate court allowed specific performance where agent had statutory powers to sell and procedural defects did not void the contract.
Civil procedure — amendment of pleadings — correction of misnamed parties where probate resealed and respondents acknowledged representative capacity; evidence — admission of documents — effect of admission on challenge for non-payment of stamp duty; agency and powers of attorney — construction of powers conferring tenant-for-life/trustee powers including power to sell; land law — enforceability of sale where ministerial consent under Expropriated Properties Act given after agreement date; remedy — specific performance awarded; counterclaim for mesne profits dismissed.
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11 November 2007 |
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Court upheld decision dismissing election petition due to unmet statutory service requirements, denying jurisdiction to extend time.
Election petitions - Service of notice of presentation within statutory timelines - Court's jurisdiction on time extension under statute - Right to appeal interlocutory decisions in election matters.
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1 November 2007 |
| October 2007 |
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Whether the Commissioner General can be sued and held liable for officers' tortious acts leading to tax assessment.
Tax law v torts – distinction between taxation decisions and tortious acts (trespass to chattels); capacity to sue statutory officers; Commissioner General’s liability and responsibility under s.9(2) Uganda Revenue Authority Act; plaintiff’s choice of defendants (ability to sue officer in official capacity).
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15 October 2007 |
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5 October 2007 |
| September 2007 |
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Election petition time limits are directory, not mandatory; candidate is liable for agents’ proven electoral offences and malpractices.
Electoral law – election petitions – whether statutory time limits for determination are mandatory or directory – admissibility and formal validity of affidavits in election disputes – standard of proof in election petitions – agency liability for electoral offences – application of Parliamentary Elections Act to Local Government elections – non-compliance with electoral laws and effect on election outcome.
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19 September 2007 |
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Whether a purported settlement and draft decree founded outside court procedure could be set aside as invalid.
Procedure — Settlement agreements and consent judgments — validity when not judicially adopted; Civil procedure — Decree — meaning and requirement that rights be conclusively determined; Evidence — allegations of fraud/collusion require strict proof and particularisation; Pleadings — extrinsic agreements must be pleaded and exhibited before adoption by court; Remedy — suitability of remitting matter for trial where partial payments made.
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6 September 2007 |
| August 2007 |
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Conviction for defilement quashed where medical evidence and circumstances failed to corroborate the complainant’s account.
Criminal law – Defilement – Conviction based on single witness – Requirement for corroboration – Medical evidence and voluntariness of initial complaint – Prior sexual intercourse not proof of specific charged incident.
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30 August 2007 |
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Stay pending appeal requires security for due performance (Ug.shs.113,000,000) not merely security for costs.
Civil procedure — Stay of execution pending appeal — Order 39 r.4(3) CPR — Security for due performance of decree required, not merely security for costs; court's discretion as to quantum and form of security; prior filing security does not negate requirement for security for due performance.
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27 August 2007 |
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A statutory successor employer remains contractually liable for pensions accrued under the former employer despite statutory pension-administration provisions.
Electricity Act 1999 (ss.125–129) – succession of assets and liabilities – pension obligations; change of employer – transfer of employees – continuation of contractual terms including accrued pension rights; statutory pension management mechanism does not extinguish successor employer’s contractual liability.
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24 August 2007 |
| July 2007 |
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Appeal against defilement conviction and eight‑year sentence dismissed; trial judge’s evaluation and sentencing upheld.
Criminal law – Defilement – Evaluation of evidence and credibility findings; medical evidence of recent hymenal rupture as corroboration; allegations of fabrication due to family grudge; sentencing discretion – abuse of trust by a relative; appellate interference only where sentence is illegal or excessive.
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22 July 2007 |
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Appeal dismissed due to fraud and irregularities in property title, not recognized as bona fide purchase.
Land law – title registration – bona fide purchaser for value – due diligence – Expropriated Properties Act 1982.
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20 July 2007 |
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Prosecution proved defilement: complainant under 18, penetration and appellant’s participation; appeal dismissed.
Criminal law – Defilement – Elements: proof of complainant’s apparent age under 18, proof of penetrative intercourse (even slight), and proof of accused’s participation; medical evidence as corroboration; appellate restraint on sentencing.
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14 July 2007 |
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Appellate court upheld defilement conviction, finding identification reliable despite night conditions and no miscarriage of justice.
Criminal law – Defilement – visual identification at night – factors favouring correct identification (familiarity, proximity, brief light, presence until dawn) – corroboration not mandatory – appellate re‑weighing of evidence.
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7 July 2007 |
| June 2007 |
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An interlocutory ruling on an election petition's competence that goes to its root is appealable; application to strike out the appeal dismissed.
* Election law – interlocutory determinations – appealability under section 145(1) Local Governments Act – point of law going to root of petition is appealable.
* Election procedure – competence of petition – non‑compliance with statutory filing/gazettement requirements may render petition a nullity and should ordinarily be struck out.
* Civil procedure – leave to appeal – ambiguity in trial record; benefit of doubt to party claiming leave.
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30 June 2007 |
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A respondent with unknown whereabouts and unpaid costs must furnish security for past and future appeal costs or face dismissal.
Court of Appeal — security for costs — discretionary grant where respondent’s whereabouts unknown and prior costs unpaid — substituted service — deposit for past and future costs (10% of suit value) — failure to pay may lead to dismissal of appeal.
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29 June 2007 |
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A continuing personal guarantee is enforceable while the principal debtor remains indebted; action against guarantors was not time‑barred.
Guarantee law – continuing guarantee – guarantor liability arises when principal debtor is liable and continues while debtor remains indebted; statute of limitations and continuing securities; enforceability of prior judgment against guarantors; liability capped, reduced by instalments and sale proceeds; joint and several liability; recoverability of costs versus general damages; interest and costs discretion.
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19 June 2007 |
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A purchaser of mailo land takes title subject to existing Bibanja interests; appeal dismissed with costs.
Land law – Mailo land; Bibanja (customary occupancy) – protection of bibanja holders on transfer; Registration of Titles Act s.92(2) – transferee takes subject to pre-existing interests; Purchaser’s duty to inquire into possession; Standard of review on second appeal – deference to trial findings.
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15 June 2007 |
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Single-witness identification at night upheld where prior acquaintance and corroborating details made identification reliable.
Criminal law – Identification evidence – single identifying witness at night – sufficiency of lighting, prior acquaintance, corroborative detail (maize cob) and delay in arrest – when identification is reliable.
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15 June 2007 |
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Court reduced a ten-year manslaughter sentence to time served, ordering immediate release for a repentant first offender.
Criminal law — Sentencing on manslaughter — Appeal against sentence — Principles for interfering with sentence — Guilty plea, first offender status and time on remand as mitigating factors — Reduction to time served.
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14 June 2007 |
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Service on an advocate given as appellants’ address for service was effective and within the Supreme Court’s 21-day time limit.
Civil procedure – service of process – effect of service on an advocate given as address for service; substituted service – whether subsequent substituted service negates prior effective service; compliance with rules for changing address for service; requirement for extension of time when effective service has been effected; admissibility of court deciding matters not expressly argued by counsel.
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5 June 2007 |
| May 2007 |
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Uncontradicted affidavits proving intimidation, personation and ballot‑stuffing annulled the LCV election; fresh elections ordered.
* Election law — Election petition — evaluation of affidavit evidence — uncontradicted sworn evidence — balance of probabilities.
* Electoral offences — obstruction of election officers, personation, multiple voting, ballot stuffing, bribery — vitiation of election.
* Procedure — late filing and striking out of respondent's pleadings — participation after striking out — effect on trial (mistrial).
* Relief — annulment of election and order for fresh poll; costs awarded to petitioner.
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31 May 2007 |
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Appellant’s provocation defence rejected; conviction and death sentence for murder upheld on appeal.
Criminal law – murder – provocation – requirements for suddenness, heat of passion and ordinary-person standard; prior knowledge of adultery/pregnancy not provocation; charge and caution/confession evidence; appellate re-appraisal of credibility; consideration of mitigation for death sentence.
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21 May 2007 |
| April 2007 |
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Whether the respondent was wrongfully retired/dismissed without following contractual procedure or a hearing, warranting damages.
Employment law – wrongful/summary dismissal – retirement versus termination by notice – contractual procedure and natural justice – entitlement to damages and pension when removal unlawful.
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25 April 2007 |
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Single night‑time identification without ID parade or exhibited clothes was unsafe; appeal allowed, death sentence quashed.
Criminal law – Identification evidence – Single witness night‑time identification – necessity for corroboration, identification parade and exhibiting identifying clothing; failure to call other eyewitnesses; unsafe conviction; aggravated robbery; death sentence quashed.
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18 April 2007 |
| March 2007 |
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Appellant’s consignment accepted on respondent’s premises made respondent a bailee liable for loss from negligent/conniving security, awarding damages.
* Sale of goods – delivery – late delivery not repudiation where consignment accepted and acted upon.
* Bailment – acceptance of goods gives rise to bailee’s duty of care; gratuitous bailment is recognised.
* Negligence – vicarious liability/connivance of security staff and hired guards; burden shifts to bailee to show lack of negligence.
* Evidence – CCTV and circumstances (assaulted guard, missing guards) relevant to establishing breach and liability.
* Remedies – award of market value, general damages, commercial and judgment interest, and costs.
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28 March 2007 |
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Appeal dismissed: unchallenged victim testimony and medical corroboration upheld conviction; sentence of eight years affirmed.
Criminal law – Defilement – Proof beyond reasonable doubt; right to silence – effect of failure to cross-examine prosecution witnesses; corroboration in sexual offences – medical evidence; indictment particulars – sufficiency as to time; sentencing discretion – appellate restraint.
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27 March 2007 |
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22 March 2007 |
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Conviction quashed where eyewitness and medical evidence were unreliable and judge impermissibly relied on defence weaknesses.
Criminal law – Defilement – Sufficiency of evidence; eyewitness reliability (distance and environment); medical expert evidence must be grounded in explained findings; child evidence and caution; hearsay inadmissibility; burden of proof not to be displaced by reliance on weaknesses of defence.
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22 March 2007 |
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Appellants’ convictions and death sentences for murder upheld: malice aforethought and common intention proved; intoxication and poor representation rejected.
Criminal law – Murder – Malice aforethought; Common intention (s.22 Penal Code) – Liability of co-participants in unlawful arrest/beating; Intoxication – evidential burden; Appeal – scope of second appeal and deference to concurrent findings; Fair trial – adequacy of legal representation; Forensic evidence – cause of death.
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21 March 2007 |
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Interest on awarded contractual damages runs from the filing date; second defendant held jointly liable where evidence showed joint involvement.
Contract — breach — consultancy and loan procurement services — whether second company was party to contract; Civil Procedure — award of interest — discretion and appropriate commencement date; Evidence — evaluation of oral agreement, conduct and documentary inference to determine joint liability.
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16 March 2007 |
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Former government soldiers are entitled to outstanding benefits, as their employment was not lawfully terminated and suit not time-barred.
Constitutional law – employment in government armed forces – effect of post-revolution Legal Notice on soldiers’ appointments – procedural requirements for lawful termination – limitation of actions – entitlements to terminal benefits, salaries, and discharge certificates.
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15 March 2007 |
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Statutory limits for election petitions are directory; candidates are liable for agents' acts, and proven electoral malpractices justify annulment.
Electoral law – election petitions – statutory timelines for determination – directory or mandatory; admissibility of affidavits by illiterate deponents; application of Parliamentary Elections Act offences to local council elections – carrying firearms at polling stations; agency principles in electoral liabilities; standard of proof in election petitions.
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3 March 2007 |
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Court granted an interim stay of criminal proceedings and execution of orders pending constitutional challenge, finding a prima facie case and irreparable harm.
* Constitutional law – interim relief – stay of criminal proceedings pending constitutional petition – criteria: prima facie case with probability of success and risk of irreparable injury. * Interlocutory relief – burden of applicant to show serious questions to be tried and probability of entitlement to relief; proof of facts not required at this stage. * Stay of execution – power to stay execution of orders and warrants where pending constitutional challenges may render proceedings nugatory.
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1 March 2007 |
| February 2007 |
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Court stayed criminal proceedings and execution of arrest warrant pending constitutional challenge, finding a prima facie case and risk of irreparable harm.
Constitutional law – interim relief – stay of criminal proceedings and execution of orders (including arrest warrant) pending constitutional petition; interlocutory relief test: prima facie case/probability of success and irreparable injury; balance of convenience.
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27 February 2007 |
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Court upheld annulment for lack of requisite academic qualifications and set aside an excessive four-counsel costs certificate.
* Election law – qualification of candidate – ownership of academic certificates (O Level and A Level) – proof on balance of probabilities.
* Evidence – documentary and testimonial contradictions – change of name and official records – probative value of photocopied UNEB printouts.
* Burden and standard of proof in parliamentary election petitions – petitioner must satisfy court on balance of probabilities.
* Costs – trial judge discretion to certify counsel; certificate for four advocates excessive and subject to appellate correction.
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22 February 2007 |
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Fraud and evidence elucidating the record justify admitting additional evidence on appeal in an election petition.
Court of Appeal practice — admissibility of fresh evidence on appeal — Rules 2(2) and 30 — fraud as exceptional ground to admit fresh evidence — admission of evidence that elucidates matters already on record — election petition appeals — leave to adduce school records and nomination papers by affidavit.
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8 February 2007 |
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A court must annul an election where a candidate engages in sectarian campaign or proven electoral offences affecting the result.
Electoral law – Election petitions – Annulment of election – Sectarian campaign – Bribery – Canvassing for votes on polling day – Admissibility of subsequent affidavit evidence – Interpretation of section 125(1) and 139(c) Local Government Act – Non-compliance affecting result – Calculation of vote margin.
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1 February 2007 |
| January 2007 |
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Interlocutory jurisdictional defects in election petitions are appealable; application to strike out the appeal dismissed with costs.
Election law – jurisdiction and competence – filing before results gazetted (s.138(4) LGA) – interlocutory objections going to root of petition are appealable under s.145(1) LGA; nullity of petition requires striking out rather than fixing for hearing.
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30 January 2007 |
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Appellate court upheld 14‑year sentence for defilement, finding it neither illegal nor excessive.
Criminal law – Defilement – Sentence – Appellate review of custodial sentence for defilement – whether sentence excessive or illegal – credibility assessment of child witness – mitigation considered.
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28 January 2007 |
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Fraudulent misrepresentation in election evidence can justify admitting fresh elucidative documents on appeal; recusal requires cogent proof of bias.
Appeal – admission of fresh evidence on appeal – fraud as exceptional ground – elucidation of evidence already on record – inherent power under Rule 2(2) – Ladd v Marshall principles applied; Election petitions – qualification and nomination documents; Recusal – reasonable suspicion of bias – objective test under Article 28.
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8 January 2007 |
