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Citation
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Judgment date
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| December 2009 |
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Court affirms conviction: reliable visual ID, rejected alibi, and sufficient circumstantial evidence proving guilt beyond reasonable doubt.
Identification evidence — visual ID at night by known witnesses; Circumstantial evidence — must produce moral certainty; Alibi — burden and credibility; Judicial evaluation of evidence
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28 December 2009 |
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No oral joint venture proved; machines sold to company; commissions due; cannot order relief against non‑party company.
Civil law – contracts – oral joint venture alleged but not proved; sale by delivery and draft sale agreements admissible as evidence; corporate personality – court cannot order relief against a non‑party company or its directors; entitlement to commissions established; general damages discretionary and require proof; award of commercial interest (20% p.a.).
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16 December 2009 |
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Whether corroborated circumstantial and testimonial evidence proved the respondents procured and committed murder.
Criminal law — Murder; common intention and malice aforethought; procurement of murder; circumstantial evidence and corroboration of accomplice statements; admissibility of charge-and-caution statements; appellate re-evaluation and substitution of convictions under Rule 30
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16 December 2009 |
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Civil Procedure|Jurisdiction
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14 December 2009 |
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Conviction quashed for lack of evidence; appellate court exceeded its powers in ordering compensation without trial findings or hearing.
Criminal law — malicious damage to property — sufficiency of circumstantial evidence — honest claim of right (s.7 Penal Code) — scope of appellate powers — compensation orders: limits of s.197 Magistrates Courts Act and s.34(2)(b) Criminal Procedure Code
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14 December 2009 |
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Conviction quashed where prosecution failed to produce medical evidence and relied on uncorroborated, unwitnessed testimony.
Criminal law – Defilement versus indecent assault – evidential sufficiency; medical evidence; qualification of examiner; absence of victim testimony; failure to produce hospital report; conviction unsafe
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14 December 2009 |
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The applicant’s identification in a nighttime robbery was reliably established despite irregularities in the identification parade.
Criminal law — Identification evidence — Caution where identification sole basis of conviction — Ssentale v. R guidelines for identification parades — Substantial compliance sufficient — Factors: duration, distance, lighting, familiarity — Flight at arrest as probative conduct
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14 December 2009 |
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Dying declaration and retracted confessions, corroborated by circumstantial evidence, upheld to affirm convictions and sentences.
Criminal law — Dying declaration (s.30 Evidence Act) — necessity of corroboration; Retracted extra‑judicial confessions — danger and need for corroboration; Discovery information and proof of fact (s.29 Evidence Act); Aiding and abetting — supplying weapon and uniform as participation; Identification at night; Procedural irregularities in recording statements not necessarily fatal where corroboration exists
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14 December 2009 |
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Regulation for three‑member disciplinary committee valid; interdiction lawful and judicial review failed.
Judicial Service Commission – Regulation 14(1) S.I. 88/2005 – delegation to Disciplinary Committee – three‑member quorum valid – interdiction as interim disciplinary measure – judicial review grounds (illegality, irrationality, procedural impropriety) not established – judicial immunity not absolute
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13 December 2009 |
| November 2009 |
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Lawful suspension of procurement process by PPDA negates judicial review where bidder’s rights have not vested.
Administrative law – judicial review – public procurement – powers of Public Procurement and Disposal of Public Assets Authority (PPDA) to halt procurement process – rights of bidders – whether submission of a bid creates enforceable rights when procurement is halted.
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25 November 2009 |
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Whether PPDA lawfully suspended procurement and whether the appellant had enforceable rights after submitting its bid.
Public procurement — PPDA’s statutory power to suspend procurement upon complaint (s.91 PPDA Act 2003) — suspension effective before appellant’s bid submission — advertisement not an enforceable offer — no signed contract with incumbent — Executive Director/staff may perform day-to-day PPDA functions — regulation 57 (notice to bidders)
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24 November 2009 |
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Whether a sale and transfer are void for lack of spousal consent where a third party paid the purchase price.
Family law – customary marriage — proof and admissibility of foreign affidavit; Property law – family property and spouse’s consent to sale; Land law – equitable interest of third-party purchaser; Registration of title; Transfer by estate administrator; Limitations of challenging contract breaches between vendor and employer
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19 November 2009 |
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High Court correctly re-appraised evidence and respondent proved title to the disputed land on balance of probabilities.
Land law – proof of title – re-appraisal of evidence by first appellate court – standard of review on second appeal – sale agreement and witness corroboration – minor inconsistencies not fatal to claim – survey marks planted during dispute
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19 November 2009 |
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An investigator cannot be both amicus curiae and defendant; a contractual payment claim against a local government may proceed as an ordinary suit.
Civil procedure – Joinder of parties – Amicus curiae vs party – Amicus must be invited and independent; Order 1 r.3 CPR – persons joined as defendants must have right to relief; Administrative law – Judicial review not required where claimant pursues contractual remedies against a third-party local government rather than challenging an administrative report; Statutory immunity – IGG and local government immunities do not bar suits against a local government corporate entity
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16 November 2009 |
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Appeal allowed: guarantee enforceable; tax-clearance condition misconstrued and superfluous; appellant awarded US$250,000 with interest.
Guarantee law – enforceability of bank demand guarantee – condition precedent interpreted as requiring tax clearance for assets – Income Tax Act s.166(7) may render such condition superfluous – demand for payment (form and timing) – unstamped instrument remarks obiter.
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3 November 2009 |
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An appeal challenging dismissal of a contract claim as statute-barred fails, confirming the requirements for acknowledgment to revive time-barred debt.
Civil procedure – limitation of actions – contract claims against government – whether correspondence constituted acknowledgment reviving limitation period – requirement for clear, unequivocal acknowledgment – discretion to resolve preliminary legal points – consideration of foreign persuasive authority.
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3 November 2009 |
| October 2009 |
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An amendment that would defeat the statutory limitation defence is impermissible, even if caused by counsel’s omission.
Limitation of actions – amendment of pleadings – where amendment would defeat the statute of limitations – fraud allegations and discovery – mistake or negligence of counsel does not excuse failure to plead discovery date
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19 October 2009 |
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19 October 2009 |
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Court held that a post-judgment order purporting to grant compound interest was improper and set aside the High Court's amendment.
Civil procedure – review of judgment – slip rule – award of interest – compound interest – correcting or varying court orders – grounds for review under Civil Procedure Act – award of interest in absence of agreement.
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16 October 2009 |
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A serving officer’s court-martial for service offences is lawful; procedural grievances are remedial under civil rules, not constitutional violations.
Military law – jurisdiction of General Court Martial over service civil offences – Article 120(3)(b) and section 179 UPDF Act; Right to fair trial – coram and panel changes, disclosure of prosecution documents, partial reports; Convening authority – Regulations 22 & 23 and judicial independence (Article 128); Appeals – Regulation 20 and limits for serving officers; Procedural remedies and appeal routes under civil rules and Evidence Act; Transitional saving of pre-existing regulations (s.256 UPDF Act)
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12 October 2009 |
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Res judicata did not bar the fresh suit: attorney’s prior role differed from principals and the plaint disclosed a cause of action.
Civil procedure — Res judicata — Requirement that the matter directly and substantially in issue be heard and finally determined between same parties litigating under same title — Application for substitution may be a ‘suit’ but attorney’s capacity differs from principal; obiter remarks do not estop subsequent suit
Pleading — Order 7 r.11 and Order 6 r.28 — disclosure of cause of action — plaint need only plead sufficient facts of alleged breach
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8 October 2009 |
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Provocation rejected; malice aforethought and premeditation proven, so conviction and death sentence for murder are affirmed.
Criminal law – Murder – Malice aforethought inferred from conduct and premeditation – Provocation (heat of passion) requires absence of cooling‑off – Sentencing: death penalty upheld where malice and heinous facts proved – Claim of minority unproven
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6 October 2009 |
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Whether limitation ran was a question of fact under PERD; the appellant's preliminary objection was dismissed.
Limitation — preliminary objection — demurrer — where factual issues exist preliminary objection inappropriate; PERD Act and divestiture — interaction with Limitation Act — limitation runs only when divestiture completed; compliance with prior Supreme Court orders is a factual matter for trial.
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1 October 2009 |
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High Court properly conducted a de novo trial; suit for cancellation of title was not time‑barred and appeal is dismissed.
Civil procedure – jurisdicton – High Court’s original/unlimited jurisdiction to try matters de novo where earlier court records are lost; Limitation – cause of action and accrual for cancellation of title; Res judicata – effect of lost records and parties’ agreement to retrial.
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1 October 2009 |
| September 2009 |
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Appeal dismissed: child’s evidence found credible, grudge defence unproven, twelve‑year sentence for aggravated defilement upheld.
Criminal law – Defilement/aggravated defilement of a child – Evaluation of evidence of very young complainant; minor inconsistencies not fatal to credibility – Defence of fabrication/grudge must be substantiated – Sentence review: 12 years upheld
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11 September 2009 |
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Convict charged with non-violent fraud granted bail pending appeal under Arvind Patel criteria with strict conditions.
Criminal procedure — Bail pending appeal — Application under s.132(4) T.I.A. and s.40 CPA — Criteria from Arvind Patel: character, first-offender, non-violent offence, appeal prospects, delay, compliance with bail — Convict granted bail with financial and reporting conditions
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11 September 2009 |
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Section 66 permits appeals from High Court orders made under other statutes, so the appeal against setting aside an arbitral award was competent.
Civil procedure – Appeals – Right of appeal under section 66 of the Civil Procedure Act – Appeals from High Court orders made under statutes other than the Civil Procedure Act (e.g., Arbitration and Conciliation Act)
Arbitration – Setting aside arbitral awards – Competence of appeal to Court of Appeal from High Court decision
Interpretation – Sections 76/77 (limited) versus section 66 (general) of the Civil Procedure Act
Procedure – Application to strike out appeal for want of jurisdiction
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10 September 2009 |
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Whether a recorded withdrawal constituted a binding compromise/decree barring re-joining the appellant as defendant.
Civil procedure — Compromise recorded in court — Order 25/26 r.6 CPR — withdrawal of suit vs. decree — when recorded withdrawal bars subsequent re-joinder; res judicata; joinder of parties; abuse of process
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9 September 2009 |
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Wrongful summary dismissal entitled the respondent to contractual terminal benefits; voluntary-retirement circulars were not an automatic entitlement.
Employment law – wrongful/summary dismissal – breach of contract for termination without cause or hearing – entitlement to contractual terminal benefits; evidence of staff circulars and benefit reports admissible as guide to quantum; voluntary-retirement circulars do not create entitlement where employee did not apply; no entitlement to post-termination salary.
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9 September 2009 |
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A court clarified land succession and bona fide occupancy rights where family members improperly acquired title without executor authority.
Land law – succession and inheritance – dispute over title and occupation rights – status of lawful and bona fide occupants under customary and statutory law – effect of improper transfer of land from estate without executor's authority – cancellation of titles improperly obtained – maintenance of rights of existing occupants under Land Act.
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8 September 2009 |
| August 2009 |
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Trial judge improperly set aside her own judgment; appeal allowed and the consequential application remitted for urgent High Court determination.
Civil procedure – functus officio – trial judge cannot nullify her own final judgment; stare decisis and obiter dicta – prior CA observations misapplied; successor company liability and effect of statutory transfer; remit to High Court when computations pending
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31 August 2009 |
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Whether identification and corroboration supported conviction for aggravated robbery and whether the death sentence was excessive.
Criminal law – Identification evidence and corroboration – Alibi – Credibility findings of trial court – Sentencing: discretion to substitute death with life imprisonment where mitigating circumstances exist
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27 August 2009 |
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Improper voire dire of a child witness rendered the conviction unsafe; appeal allowed and conviction quashed.
Criminal law — Child witness (tender years) — Voire dire to assess understanding of oath — Non-compliance renders testimony inadmissible; conviction unsafe where it depends on such evidence; circumstantial evidence insufficiency
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27 August 2009 |
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A lease offer unaccepted and without Minister's consent creates no legal interest enforceable against subsequent bona fide lessees.
Land law – Lease offers – Public land – Requirement for acceptance and Minister's consent for creation of leasehold – Whether unaccepted lease offer creates legal interest – Customary tenure not pleaded nor proved – Dismissal of claim for lack of title or valid interest.
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27 August 2009 |
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Statute empowered the Central Bank to freeze accounts without prior hearing; refusal to grant access was prima facie evidence of unlicensed operation.
Banking law – Financial Institutions Act s118 – statutory power to freeze accounts without prior hearing; Micro‑Finance Deposit‑Taking Institutions Act s4, s6 – licensing, access to books, refusal as prima facie evidence of unlicensed operation; statutory immunity (FIA s124/MDI s86) – protection for acts done in good faith; natural justice – limits on hearing requirement where statute provides alternative safeguards; judicial review
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26 August 2009 |
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Court upheld stay and arbitration referral, validated arbitrator appointment, and dismissed misconduct, timeliness and bribery challenges.
Arbitration — referral to arbitration under express contract clause — validity of appointment by institute officer — arbitrator’s alleged misconduct (fees, hospitality) — time limits for award and waiver by acquiescence — pleadings and proof required for bribery/fraud
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25 August 2009 |
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25 August 2009 |
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Bail pending appeal granted where appeal was arguable and likely to be delayed, subject to cash deposit, bond and reporting conditions.
Criminal procedure — Bail pending appeal — Application assessed under Arvind Patel factors — Appeal against summary dismissal not frivolous — Reasonable prospect of success and risk of delay justify bail — Conditions: cash deposit, sureties’ bond, periodic reporting
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20 August 2009 |
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Failure to follow mandatory public service disciplinary procedures rendered the appellant's dismissal unlawful and compensable.
Public Service – Disciplinary procedure – Regulation 36 – Requirement of statement of charges, 14-day reply and inquiry committee – Article 42 fair hearing – Wrongful dismissal and compensation (special and general damages).
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20 August 2009 |
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Appeal dismissed: identification and alibi properly assessed; conviction and death sentence for aggravated robbery upheld.
Criminal law — aggravated robbery; eyewitness identification — familiarity, torchlight and openings in hut; assessment of contradictions; alibi — prosecution burden to prove presence at scene; sentence — death upheld for grievous harm and breach of trust
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18 August 2009 |
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Appeal dismissed; identification and corroborative evidence upheld, alibi rejected, and death sentence affirmed for multiple murders.
Criminal law – murder – identification evidence (familiarity, distance, lighting, duration) – corroboration (dying declaration, prior threats) – alibi – mitigation of sentence – death penalty
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17 August 2009 |
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Appellants' manslaughter conviction upheld where dying declaration and post-mortem evidence, corroborated by an admission, proved fatal assault.
Criminal law – Dying declaration – Admissibility and reliability where declarant survived several hours after injury; Corroboration by accused’s admission; Post-mortem evidence distinguishing assault from accidental injury; Manslaughter conviction upheld
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17 August 2009 |
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Whether penetration and identity were proved beyond reasonable doubt in a defilement prosecution.
Criminal law – Defilement – Proof of penetrative sexual intercourse – Corroboration by medical and eyewitness evidence – Identification at scene – Appeal against conviction and sentence
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12 August 2009 |
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Appellant’s identification by close-range torchlight upheld; conviction affirmed and death sentence commuted to life imprisonment.
Criminal law – aggravated robbery – eyewitness identification – recognition by torchlight at close range – credibility of witnesses; Sentence – death substituted with life imprisonment given severity of injuries
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6 August 2009 |
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A defective confession admission does not preclude conviction where independent eyewitness and circumstantial evidence sufficiently prove murder.
Criminal law - admissibility of confessions - duty of trial judge to inquire and conduct trial-within-trial; unexplained delay in recording statement; circumstantial and eyewitness evidence; identification of body; sufficiency to uphold murder conviction and death sentence
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6 August 2009 |
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5 August 2009 |
| July 2009 |
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Aggravated robbery not proved where deadly-weapon use was unestablished, but identification supported conviction for simple robbery.
Criminal law – Robbery with aggravation – proof of use of deadly weapon – identification at night by torchlight – failure to produce weapon or call initial medical examiner – substitution of aggravated robbery with simple robbery
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28 July 2009 |
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Convicted applicant granted bail pending appeal under Arvind Patel factors, subject to cash bail, sureties, passport surrender and reporting.
Criminal procedure – Bail pending appeal – Trial on Indictments Act s.132(4) and Criminal Procedure Code s.40 – Arvind Patel guidelines – factors: character, first offender, non-violent offence, reasonable prospects of success, delay, prior bail compliance – conditions of bail
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24 July 2009 |
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Appellate re-evaluation upheld: payment and conduct showed the respondent was shown the plot; appeal dismissed with costs.
Civil procedure — appeal competency: record need not include decree under current Court of Appeal Rules; no statutory leave required for second appeal
Evidence — appellate re-evaluation of credibility; unchallenged testimony and payment of balance can establish vendor showed purchaser the plot even absent formal survey
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14 July 2009 |
| June 2009 |
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A litigant's counsel's negligence does not constitute statutory "disability" to evade mandatory limitation periods.
Limitation law – meaning of "disability" – statutory definition limited to infancy and unsoundness of mind; previous broader judicial interpretations overruled by amendment. Civil procedure – limitation periods – negligence or mishandling by a litigant's advocate does not amount to a disability to toll limitation. Constitutional law – courts cannot invoke general principles against technicalities to override or extend mandatory statutory limitation periods
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26 June 2009 |
