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Citation
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Judgment date
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| December 2008 |
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An objector’s leased interest was released where the warrant of attachment was not properly executed despite initial possession.
Civil procedure – Execution and attachment – Order 79 (objector proceedings) – Possession at time of attachment determinative; attachment requires proper execution (posting/advertisement of sale, return/certification of warrant) – Intergovernmental body’s capacity to sue derived from founding statute and hosting agreement – Failure to prove completion of execution invalidates attachment.
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4 December 2008 |
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2 December 2008 |
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The appellant’s overt acts and co‑accused’s confession supported an attempted rape conviction; appeal dismissed.
Criminal law – Attempted rape – Identification in bright moonlight – Corroboration by co-accused confession – Admissibility of confession – Charge and caution statement imperfections not per se fatal – Sections 125 and 386 Penal Code; ss.87–88 Trial on Indictment Act.
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1 December 2008 |
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1 December 2008 |
| November 2008 |
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Confession improperly recorded and uncorroborated accomplice evidence led the Court to quash convictions for aggravated robbery.
* Criminal law – confession evidence – admissibility – failure to observe proper procedure, contradictions in recording, and use of investigating officer as interpreter render confession inadmissible; discovery does not cure an inadmissible confession. * Criminal law – accomplice evidence – conviction on accomplice’s confession requires independent corroboration. * Criminal procedure – right to fair hearing and proof beyond reasonable doubt – improper evaluation and uncalled witnesses vitiate conviction.
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26 November 2008 |
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Convicted manslaughter appellant denied bail pending appeal due to personal violence, insufficient prospects, and inadequate sureties.
Criminal procedure – Bail pending appeal – Discretion under Rule 6(2)(a) and s.132(4) Trial on Indictment Act – Considerations include character, personal violence, prospects of success, likelihood of delay, and adequacy of sureties.
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24 November 2008 |
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19 November 2008 |
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Improper admission of custodial statements and insufficient circumstantial evidence led to quashing of conviction and death sentence.
* Criminal law – admissibility of custodial statements – requirement to ascertain voluntariness and, where appropriate, hold a trial within a trial before admitting confessions. * Evidence – circumstantial evidence – must point irresistibly to guilt and exclude every reasonable hypothesis of innocence. * Evidence Act s.166 – improper admission of evidence requires appellate evaluation whether, independently, sufficient evidence exists to justify conviction.
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16 November 2008 |
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Court stayed High Court proceedings pending appeal where interlocutory directions raised arguable risk of miscarriage of justice.
Civil procedure – Stay of proceedings pending appeal – Rule 6(2)(b) Court of Appeal Rules – Notice of appeal as prerequisite – Interlocutory directions – Mediation and scheduling rules – Preservation of rights pending appeal.
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6 November 2008 |
| October 2008 |
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Central bank may freeze accounts without prior hearing under statutory powers; refusal to give access to records is prima facie evidence of unlicensed activity.
Administrative law – Natural justice – Whether a prior hearing is required before statutory freezing of bank accounts under section 118 Financial Institutions Act; Financial regulation – Inspection and enforcement powers under the Micro‑Finance Deposit‑Taking Institutions Act – refusal to grant access to books as prima facie evidence of unlicensed operations; Statutory immunity – central bank protected from suit for acts done in good faith unless bad faith is pleaded and proved.
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24 October 2008 |
| September 2008 |
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Appellant’s attempted murder conviction and life sentence upheld on strong identification, medical evidence, and inferred intent.
* Criminal law – attempted murder – intent may be inferred from weapon/substance used and manner of attack; corrosive substance causing extensive burns supports intent. * Evidence – identification – prior acquaintance, close proximity and lighting bolster identification evidence. * Evidence Act s.45 – medical report admissible when author unavailable if properly identified and explained by a witness. * Appellate review – duty of first appellate court to re-appraise evidence and consider mitigation before varying sentence.
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22 September 2008 |
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Plaintiff’s failure to mitigate loss reduced damages by 50% despite defendant’s liability for contaminated fuel.
* Tort/Negligence – contaminated fuel supplied by petrol station – liability for damage to vehicle.
* Mitigation of loss – plaintiff obliged to take reasonable steps to mitigate; failure reduces recoverable damages (here reduced by 50%).
* Proof of special damages – special damages must be pleaded and proved; general damages may be substituted where specific proof is lacking.
* Civil procedure – appellate interference with damages – appellate court may revise awards made on wrong principle or manifestly excessive.
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2 September 2008 |
| August 2008 |
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A security services contract signed by a university's security officer was held non-binding due to lack of actual or ostensible authority.
Contract law – Authority of agents – Actual and ostensible authority – Applicability of indoor management rule – Binding effect of contracts entered into by corporate agents – Damages for breach of contract.
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25 August 2008 |
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Failure to deposit ordered security for costs by the deadline justified striking out the appeal; late payment did not cure non-compliance.
Court of Appeal – Security for costs – Interpretation of orders – Deadline for deposit – Failure to comply as failure to take essential step under Rule 82 – Late payment does not cure condition precedent – Curative powers (Rule 2(2)/Art.126(2)(e)) not available to excuse disobedience of court orders – Misleading affidavits by counsel condemned.
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7 August 2008 |
| July 2008 |
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A Presidential committee performing quasi‑judicial duties is amenable to review; injunction granted to prevent eviction pending appeal.
Administrative law – Judicial review – Quasi‑judicial functions of a Presidential committee – Certiorari and prohibition lie; Interim relief – injunction pending appeal – tests of prima facie case, irreparable harm and balance of convenience; Civil procedure – Rule 42(2) – interlocutory applications to Court of Appeal; Service/joining of Attorney General.
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29 July 2008 |
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Court granted interim injunction preventing eviction pending appeal, holding presidential committee actions amenable to judicial review and irreparable harm proven.
Administrative law – judicial review – certiorari and prohibition – whether a presidentially‑constituted committee performing quasi‑judicial functions is amenable to prerogative writs; Interim relief – requirements for interlocutory injunction – prima facie case, irreparable harm, balance of convenience; Civil procedure – Court of Appeal Rules (Rule 42(2)) and competence of applications filed in the Court after filing an appeal; Constitutional rights – fair administrative action and right to fair hearing (arts. 28 and 42).
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29 July 2008 |
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Conviction for defilement quashed for lack of proof of penetration; substituted conviction for attempted defilement and life sentence set aside.
Criminal law – Sexual offences – Defilement – Requirement of proof of penetration – Victim's evidence and corroboration – Medical evidence equivocal on penetration – Conviction for attempted defilement where overt acts manifest intent; sections 123(2) and 369 Penal Code.
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4 July 2008 |
| June 2008 |
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Application for security for costs and deposit of decretal amount dismissed for lack of supporting affidavit and respondent's capacity to pay.
* Civil procedure — Security for costs — Application to order security for costs and for deposit of decretal amount; requirement for affidavit evidence to support such orders. * Civil procedure — Amendment of motion — amended prayers must be supported by affidavit material. * Consideration of litigant’s financial capacity — local authority’s assets and income relevant in refusing security orders.
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30 June 2008 |
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Identification parade and corroborative circumstantial evidence upheld; appeal dismissed and conviction maintained.
Criminal law – identification parades – fairness and admissibility; Circumstantial evidence – cogency and corroboration of identification; Alibi – evaluation and rejection; Conduct of accused (flight, false statements) as corroborative evidence.
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20 June 2008 |
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Appellate court upholds cruelty finding, rejects witchcraft defence, affirms maintenance and endorses constitutional principle of joint matrimonial property.
Family law – divorce – cruelty and credibility of witnesses; accusations of witchcraft as ground of cruelty; matrimonial property – constitutional equality and joint ownership; division of matrimonial assets on divorce; maintenance – retrospective and consequential orders; appellate review of trial judge credibility findings.
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19 June 2008 |
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A registered co-owner’s title is indefeasible unless fraud attributable to the transferee is strictly proved; appeal allowed.
Registration of Titles Act s.176 – indefeasibility of certificate of title; fraud as exception requires strict pleading and proof; fraud must be attributable to transferee; bona fide transferee for value; account, possession and injunction as remedies.
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6 June 2008 |
| April 2008 |
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High Court's summary dismissal under s17(2) improperly denied the appellant's constitutional right to prepare and have his appeal heard.
Criminal procedure — appeal — summary dismissal under section 17(2) Judicature Act — supervisory power to curtail delays; Constitutional right to adequate time and facilities to prepare appeal (Art.28(3)(c)); admissibility of counsel's negligence as ground for denying appellant hearing; remittal for rehearing.
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29 April 2008 |
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Murder conviction quashed for lack of proved malice; verdict reduced to manslaughter and six‑year sentence imposed.
Criminal law – Murder and manslaughter – Requirement of malice aforethought; where intent to kill or cause grievous bodily harm not proved, verdict may be reduced to manslaughter; provocation and self-defence considered and rejected.
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28 April 2008 |
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Registrar may grant interim stay of a High Court temporary injunction where the applicant shows irreparable harm, preserving the appeal.
* Civil procedure – Registrars’ powers – Court of Appeal (Judicial Powers of Registrars) Practice Direction – interim stay of execution of High Court temporary injunction.
* Interim relief – stay of execution – requirements: irreparable harm, balance of convenience, preservation of appeal – discretionary equitable remedy.
* Appellate review – interference only where Registrar acted without jurisdiction or applied wrong principles.
* Evidentiary principle – unchallenged affidavit evidence may suffice to justify interim relief.
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19 April 2008 |
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Challenges to weapon identification and evidence evaluation failed; conviction and death sentence were upheld.
Criminal law – murder – admissibility/identification of offensive weapon – reliance on eyewitness evidence – common intention (s.22 Penal Code Act) – sufficiency of proof absent forensic blood testing – mandatory death sentence and pending constitutional challenge.
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8 April 2008 |
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Advocates ordered to pay applicants’ costs for gross negligence in prosecuting the respondent’s appeal; client’s ignorance not a defence.
Costs — professional negligence of advocates — liability for costs where lawyers negligently prosecute appeal — client’s lack of involvement; no affidavit/declaration by client on record — non-payment of fees not a defence to negligence.
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2 April 2008 |
| March 2008 |
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The respondent may move court to review consent judgments alleging corruption; its locus and affidavit formalities upheld.
* Constitutional and statutory powers of the Inspectorate of Government – limits under s.19(1)(a) and (c) – interpretation: does not bar moving court to review its own judgments where corruption/fraud alleged.
* Locus standi – capacity of Inspectorate to sue or be sued and to seek review as an aggrieved party; distinction from Attorney General’s role.
* Civil procedure – Order 46/Order 9/Rule 12 – setting aside consent judgments; aggrieved non-parties may seek review.
* Affidavits – jurat formalities and drafting by public officers – technical defects not fatal; Advocates Act restriction inapplicable to public officers.
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27 March 2008 |
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A company's power of attorney was not validly revoked and purchasers acquired good title; allegations of fraud were unproven.
Property law – Revocation of power of attorney – Requirements for valid revocation under company articles – Validity of property transfer – Bona fide purchaser for value – Allegations of fraud and illegality – Onus of proof in challenging registered title.
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14 March 2008 |
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Vague or internal correspondence does not constitute a communicated acknowledgement sufficient to revive a time‑barred claim.
* Limitation of actions – statutory time limits – effect of negotiation or settlement discussions on limitation periods.
* Limitation of actions – acknowledgement of debt – must be clear, unequivocal and communicated to the creditor to revive limitation under s.22(4).
* Limitation Acts – section 32 – does not convert incidental matters (like acknowledgement) into exceptions where specific limitation enactments govern.
* Administrative/internal advice (e.g., City Advocate memo) – advisory, not binding, and insufficient as communicated acknowledgement.
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1 March 2008 |
| February 2008 |
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25 February 2008 |
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An appeal rendered academic by subsequent final determination is moot and may be struck out under the Court's rules.
* Civil procedure – Strike out of appeal – Rule 82 – where no appeal lies because subject matter overtaken by events (mootness).
* Mootness – courts will not decide academic or spent controversies; relief must be capable of practical effect and enforcement.
* Non-joinder of parties – raised but not required to be decided where appeal disposed for mootness.
* Precedent considered: appeal overtaken by events must be struck out (see Uganda Electricity Board v Kabagambe).
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19 February 2008 |
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The local assignee entity, not the foreign-registered company, had locus to instruct counsel; the foreign company lacked standing.
Civil procedure – change of advocates – authority to instruct or withdraw advocates; corporate identity – determination of real party to contract and litigation; credibility of competing affidavits; locus standi of foreign-registered company vs local assignee.
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17 February 2008 |
| January 2008 |
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Notice of appeal served within seven days satisfies rule 78(1); strike-out application dismissed.
Civil procedure — Service of notices of appeal — Rule 78(1) Court of Appeal Rules — Requirement to serve copies of notice of appeal on persons directly affected before or within seven days — Burden and credibility of affidavit evidence on service — Strike out of notice for non-compliance.
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14 January 2008 |
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Court upheld discretionary order that each party bear its own costs where the original proceedings were void for lack of jurisdiction.
Civil procedure – costs – section 27 Civil Procedure Act – costs ordinarily follow the event – court’s discretion to depart for good reason – appellate restraint on interfering with exercise of discretion; jurisdiction – judgment given by a court lacking jurisdiction is a nullity; execution – warrant quashed where issued outside statutory period.
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11 January 2008 |
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A defendant’s conditional admission about payment timing is not an unequivocal admission permitting judgment on admission.
Civil procedure – judgment on admission – admission must be clear and unambiguous – conditional or equivocal statements do not support judgment on admission – discretion to enter judgment exercised cautiously where material issues remain – remittal for trial where judgment on admission improvidently entered.
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11 January 2008 |
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The applicant's plaint alleging 'driving recklessly' disclosed a cause of action; striking out was improper.
Civil procedure – Pleadings: whether plaint discloses a cause of action; Particulars of negligence – sufficiency of a single pleaded particular ('driving recklessly'); Res ipsa loquitur – not a substitute for particulars; Striking out vs rejecting pleadings; Remittal for trial.
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1 January 2008 |
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The successor company assumed liability for pensions accrued under the predecessor despite section 129’s pension-administration provisions.
Electricity Act 1999 – successor company; vesting of property, rights and liabilities; transfer of employees; section 129 – pension fund administration v. liability; PERD Act – protection of employees’ contracts; Employment Act s.18 – change of employer; procedural objection – specification of Civil Procedure Rules order.
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1 January 2008 |
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Consent judgment binds a party where counsel retained apparent authority; no fraud proved against diocesan trustees.
* Civil procedure – consent judgment/compromise – binding effect of counsel's compromise and timing of notice of change of advocates.
* Guardianship/next friend duties – moral and legal duties prevent approbation and reprobation of settlements affecting minors represented by the next friend.
* Company/financial arrangements – contributors to diocesan shareholdings recorded for pro rata dividends are not necessarily shareholders; evidence required to prove misrepresentation or fraud.
* Appeal – first appellate court duty to reappraise evidence where lower court's reasoning or record is incomplete.
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1 January 2008 |
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An exclusion clause does not protect a carrier from liability for total loss caused by its fundamental breach; successful claimant awarded full costs.
Carriage of goods – contract and bailment – exemption clause – fundamental breach and limits of exclusion clauses; negligence – res ipsa loquitur applicable where carrier fails to explain loss; costs – discretion of trial court, appellate intervention where discretionary exercise unjustified.
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1 January 2008 |
