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Citation
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Judgment date
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| December 2009 |
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Appeal dismissed: court upheld conviction, finding eyewitness identification and circumstantial evidence proved the applicant's guilt.
Criminal law – Murder – Identification evidence – recognition by known witnesses at night under moonlight and fire – Alibi – burden on prosecution to displace alibi beyond reasonable doubt – Circumstantial evidence – must produce moral certainty and point irresistibly to guilt – Appeal – 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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Court of Appeal substituted murder convictions, finding common intention and procurement by the respondents.
* Criminal law – Murder v. manslaughter – common intention and malice aforethought; procurement of murder.
* Evidence – corroboration of accomplice/confession statements; admissibility and weight of charge and caution statement.
* Circumstantial evidence – telephone communications, post-offence conduct, motive and rendezvous as proof of procurement.
* Appellate re-evaluation – Rule 30 re-assessment of credibility and drawing of inferences.
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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 overturned for lack of evidence; appellate compensation order set aside for lack of basis and fair hearing.
* Criminal law – malicious damage to property – circumstantial evidence – adequacy to implicate absent direct evidence. * Criminal procedure – second appeal – scope to re-evaluate concurrent findings of fact where lower courts misapprehend evidence. * Penal Code s.7 – claim of right raised late; relevance to proprietorial disputes. * Appellate jurisdiction – limits on awarding compensation where trial court made no such order and no evidence was led. * Procedural fairness – right to be heard before imposition of compensation.
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14 December 2009 |
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Conviction for indecent assault quashed where victim did not testify and critical medical evidence was not produced.
* Criminal law – Sexual offences – Defilement v. indecent assault – evidential requirements for conviction; * Evidence – Importance of medical reports and qualification of medical witnesses; * Proof – Necessity of victim testimony or corroboration where assault not witnessed; * Appeal – Conviction unsafe where prosecution fails to produce critical medical evidence.
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14 December 2009 |
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An imperfect identification parade may still support conviction where circumstances and witness conduct establish reliable identification.
* Criminal law – Identification evidence – caution required where identification is central; consider lighting, duration, distance, familiarity.
* Criminal procedure – Identification parade – Sentale v. R. guidelines should be followed as practicable; minor departures do not necessarily invalidate parade.
* Evidence – Conduct on arrest (flight) may be probative of guilt when evaluated with identification evidence.
* Appellate review – First appellate court reviews evidence afresh and may uphold trial findings if identification is reliable.
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14 December 2009 |
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Dying declaration corroborated and repudiated confessions sufficiently corroborated; all appellants’ convictions and sentences upheld.
Criminal law – dying declaration admissibility and need for corroboration; repudiated confessions – danger but permissible if materially corroborated; discovered facts and admissibility under s29 Evidence Act; aiding and abetting/common intention where accused supplies weapon.
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14 December 2009 |
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Regulation allowing a three‑member disciplinary committee is valid; interdiction and subsequent discipline were lawful; appeal dismissed.
Judicial Service Commission – delegation of disciplinary functions; Regulation 14(1) S.I. 88/2005 intra vires s.27 of Judicial Service Act; Disciplinary Committee quorum of three valid; interdiction as interim disciplinary measure; judicial immunity not absolute where alleged misconduct exists; late supplementary affidavit rightly struck out.
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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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PPDA lawfully suspended procurement; picking bid forms or advertisement alone grants no enforceable bidding right.
Public procurement — PPDA power to suspend procurement on complaint (s.91 PPDPA Act 2003); advertisement/bid forms do not create enforceable rights; locus standi to challenge halted procurement; delegation of PPDA functions to Executive Director; regulation 57 (notification) and procedural requirements for cancellation/extension.
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24 November 2009 |
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Whether a spouse’s consent or claimed contribution can nullify a sale when a third party paid and acquired equitable title.
* Family and property law – customary marriage – proof and admissibility of foreign affidavit and oral corroboration. * Evidence – admissibility requirements for documents executed outside Uganda (s.84 Evidence Act) and formalities under Advocates Act s.67. * Land law – characterisation of occupied land as family property requiring spouse/children consent; effect of purchaser’s equitable interest and registration; limits of certificate of title where prior equitable arrangements exist. * Proprietary claims – burden to prove monetary contribution to purchase and effect on title.
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19 November 2009 |
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High Court properly re-appraised evidence and rightly found respondent owned the land; appeal dismissed with costs.
Civil procedure – second appeal – scope of review: appellate court must re-appraise evidence when acting as first appellate court; proof of title – sale agreement and witnesses; evaluation of inconsistencies – material vs. minor; boundary re-establishment and effect of survey marks placed during dispute.
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19 November 2009 |
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A contractor’s contractual claim against a local government is proper; the Inspectorate cannot be joined as defendant or amicus.
Joinder — Amicus curiae — must be invited by court and be independent; Joinder as defendant — Order 1 r.3 CPR — requirement of right to relief arising from same act or transaction; Judicial review versus ordinary suit — contractual remedy appropriate where claimant seeks payment; Statutory immunity — IGG Act s.22 and Local Government Act s.173 do not bar suit against local government corporate entity; Cause of action — no right of relief against Inspectorate not privy to contract.
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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 inserting discovery date cannot be allowed if it would defeat the defendant’s statutory limitation defence.
Limitation of actions – amendment of pleadings – Order 6 r.19 CPR – amendments defeating statutory limitation defence not permitted; mistake or negligence of counsel does not excuse failure to plead facts to avoid limitation; remedy for counsel negligence is professional negligence action.
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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 prosecution by court martial for service offences is constitutional; procedural remedies, not constitutional invalidity, apply.
* Constitutional law – Article 137(3) – jurisdiction to entertain constitutional complaints; * Military justice – jurisdiction of General Court Martial and service offences under UPDF Act; * DPP consent – Article 120(3)(b) and Penal Code s.88; * Fair trial – allegations as to coram, disclosure and trial irregularities; * Judicial independence – Regulations 22 & 23 and role of convening authority; * Appeals – Regulation 20 finality of court-martial appellate decisions.
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12 October 2009 |
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Res judicata did not bar the fresh suit because the earlier proceeding involved the attorney, not the defendants, and the plaint disclosed a cause of action.
Civil procedure – res judicata – requirements: same matter directly and substantially in issue, same parties or parties under whom they claim litigating under same title, court of competent jurisdiction, heard and finally determined; substitution of parties – interlocutory application as a 'suit'; capacity of attorney – attorney cannot be sued in the capacity of principal; pleadings – cause of action determined from plaint; Order 7 r.11 – rejection for being barred must appear from plaint; Order 6 r.28 – points of law to be raised by pleading.
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8 October 2009 |
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Provocation failed; premeditation and malice aforethought found, appeal dismissed and death sentence affirmed.
Criminal law – Murder – Malice aforethought – Knowledge of likelihood of death and indifference sufficient for malice; Criminal law – Provocation – Heat of passion and absence of cooling-off period required to reduce murder to manslaughter; Evidence – Confession and circumstantial evidence supporting premeditation; Sentencing – Alleged minority not proved, death sentence affirmed.
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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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Appellate court upheld conviction and 12‑year sentence, finding minor inconsistencies immaterial and the defence of a grudge unproven.
* Criminal law – defilement – corroboration by medical evidence – ruptured hymen and bruising as supporting evidence.
* Appeal – reappraisal of evidence – minor inconsistencies of a very young complainant immaterial to safety of conviction.
* Criminal law – accused’s allegation of motive/grudge – requirement for corroboration from defence witnesses.
* Sentencing – aggravated defilement of a child – appropriateness of custodial sentence (maximum penalty severe).
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11 September 2009 |
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Convict granted bail pending appeal after court found multiple Arvind Patel factors in his favour, subject to strict conditions.
Criminal procedure – Bail pending appeal – Application assessed under Arvind Patel factors (character, first offender, non-violent offence, arguable appeal, delay, prior bail compliance) – Convict granted bail subject to strict conditions to mitigate flight risk.
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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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A recorded withdrawal does not bar rejoining a defendant unless the compromise adjudicates the suit and a decree is passed.
Civil procedure – Compromise recorded in court – Order 25/26 Rule 6 – Requirements: lawful agreement relating to matters in controversy and decree passed and recorded – Withdrawal vs. compromise – Res judicata and abuse of process – Reinstatement of defendant by amended plaint.
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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 wrongly nullified her own judgment; matter remitted for urgent quantification and further hearing.
Civil procedure – functus officio – trial judge cannot nullify her own final judgment; preliminary objection – wrong party/successor company under statutory transfer – ratio versus obiter; Electricity Act transfer date and succession of liabilities; remittal for quantification and further fact-finding; appellate discretion whether to grant consequential orders.
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31 August 2009 |
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Conviction for aggravated robbery upheld on reliable identification; death sentence replaced with life imprisonment.
* Criminal law – Aggravated robbery – Identification evidence and corroboration – Appellate re‑evaluation under s.30 – Alibi assessment.
* Sentencing – Death sentence discretionary – Mitigating factors (restraint, offender's age, time served) justify substitution with life imprisonment.
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27 August 2009 |
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Improper voir dire rendered a child witness’s evidence inadmissible, undermining the murder conviction.
Criminal law – Evidence of child of tender years – Voir dire requirements to determine understanding of oath – Admissibility of child’s sworn testimony – Procedural non-compliance renders child evidence inadmissible – Conviction based on improperly admitted evidence must be quashed; Circumstantial evidence and medical cause of death insufficient alone to identify perpetrator.
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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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A central bank may freeze suspected proceeds accounts without prior hearing; refusal to permit inspection is prima facie evidence of unlicensed operation.
Financial institutions law – Central Bank power to freeze accounts under s.118 Financial Institutions Act – no statutory requirement for prior hearing; Micro‑Finance Deposit‑Taking Institutions Act – right of access to premises and books, refusal as prima facie evidence of unlicensed operation; statutory immunity for Central Bank for acts done in good faith – burden to plead and prove bad faith.
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26 August 2009 |
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Court enforces contractual arbitration clause, rejects late challenges to arbitrator, misconduct and time-limit objections, appeal dismissed.
Arbitration — enforcement of contractual arbitration clauses; court’s power to stay proceedings and order reference; validity of arbitrator’s appointment by professional institute; challenge to arbitration — misconduct, improper procurement, and time limits; waiver and acquiescence by conduct; sufficiency of pleading and proof for bribery allegations.
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25 August 2009 |
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25 August 2009 |
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Applicant granted bail pending appeal where appeal had reasonable prospects and substantial delay risk, subject to cash and surety conditions.
Criminal procedure – bail pending appeal – criteria from Arvind Patel/Cheeye: character, merits of appeal, likelihood of delay, risk of absconding; appellate review of summary dismissal of appeals; conditions for bail pending appeal (cash deposit, surety bond, 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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Court upheld convictions based on reliable eyewitness identification and rejected alibi; death sentence affirmed.
* Criminal law – Identification evidence – visual recognition at night by known victims – adequacy of light and proximity for correct identification. * Criminal law – Defence of alibi – burden of proof and judicial evaluation where prosecution adduces identification. * Evidence – minor inconsistencies in witness accounts (duration, source of light) non-fatal where explainable. * Sentence – death penalty upheld where grievous bodily harm and breach of trust present.
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18 August 2009 |
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Identification and corroborative evidence upheld; alibi rejected and death sentence for multiple murders affirmed.
Criminal law – murder – identification evidence; familiarity, distance, duration and lighting as factors for identification; corroboration by threats and dying declaration; alibi; death sentence – mitigation.
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17 August 2009 |
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Dying declaration corroborated by medical evidence and the appellant’s admission upheld manslaughter conviction.
* Criminal law – Dying declaration – admissibility and reliability where declarant lived for hours after injury – assessment of circumstances of statement. * Criminal law – Causation and evidence – post-mortem findings corroborating assault versus accidental injury. * Evidence – Corroboration by accused’s admission to victim’s relative; absence of eyewitnesses explained by circumstances.
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17 August 2009 |
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Conviction for defilement upheld where child’s account, eyewitnesses and medical report proved penetration beyond reasonable doubt.
* Criminal law – Defilement – Whether penetrative sexual intercourse was proved beyond reasonable doubt – Corroboration of child’s testimony by eyewitnesses and medical evidence – Identification of accused at scene – Sentence review.
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12 August 2009 |
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Eyewitness identification by known victims at close range upheld; conviction affirmed and death sentence commuted to life imprisonment.
Criminal law – Identification evidence – Recognition at close range by known victims using torchlight – sufficiency to support conviction; Criminal procedure – Appellate duty to re-appraise trial evidence and credibility findings; Sentencing – Death sentence excessive; commutation to life imprisonment appropriate given severity of injuries.
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6 August 2009 |
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Whether an improperly admitted confession vitiates a murder conviction where independent eyewitness and circumstantial evidence proves guilt.
* Criminal law — Confession — Admissibility of charge and caution statement — Duty of trial judge to inquire from accused personally when counsel does not object — unexplained delay in recording statement; * Evidence — Circumstantial and eyewitness evidence — identification of decomposed body; discovery of weapon; corroborative inconsistencies; * Sentencing — death penalty upheld for brutal, planned murder.
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6 August 2009 |
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5 August 2009 |
| July 2009 |
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Aggravated robbery requires proof of a deadly weapon; absent such proof, conviction reduced to simple robbery.
Criminal law – Robbery with aggravation – requirement to prove use or threat of a deadly weapon – necessity of medical evidence and production/recovery of weapon; Identification – recognition by torchlight and prior acquaintance; Conviction substitution – where aggravating element not proved, conviction may be reduced to simple robbery and sentence altered accordingly.
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28 July 2009 |
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Court granted bail pending appeal applying Arvind Patel factors, finding the appeal had reasonable prospects and several supporting factors.
* Criminal procedure – Bail pending appeal – Jurisdiction and discretion under s.132(4) Trial on Indictments Act and s.40 Criminal Procedure Code – Application of Arvind Patel guidelines (character, first offender status, non-violent offences, prospects of success, delay, prior bail compliance).
* Evidence – Issues raised on vicarious liability in criminal law and reliance on accomplice evidence and corroboration.
* Exercise of judicial discretion – balancing factors and imposing conditions for release pending appeal.
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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 |
