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Citation
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Judgment date
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| June 2009 |
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Criminal law|Evidence Law
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10 June 2009 |
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Notice of appeal struck out where mandatory personal service and affidavit of service within seven days were not proven.
Civil procedure — Service of notice of appeal — Rule 28(1) mandatory personal service within seven days — Affidavit of service required — Non‑compliance renders notice defective — Rule 82 strike‑out remedy and inherent powers — Article 126(2)(e) not a substitute for procedural compliance.
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5 June 2009 |
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Civil Procedure|Appeals and reviews
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4 June 2009 |
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An interlocutory injunction obtained after procedurally irregular proceedings denying fair hearing is invalid and must be set aside.
Civil procedure – interlocutory injunction – irregular hearing – denial of audi and failure to follow mandated pre-trial procedure – setting aside orders and remittal for retrial; interim injunction by Registrar to remain in force pending retrial.
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4 June 2009 |
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A procedurally irregular interlocutory hearing denying the appellant a fair trial requires setting aside orders and retrial.
Civil procedure – interlocutory injunction – procedural fairness – denial of right to be heard – irregular hearing – setting aside interlocutory orders and remitting application for retrial; effect of registrar’s interim injunction.
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4 June 2009 |
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High Court's irregular interlocutory hearing denied fair hearing; orders set aside and application remitted for retrial.
Procedural fairness; right to be heard (constitutional articles cited); irregular High Court interlocutory hearing; validity of interlocutory orders; remittal for retrial; interim injunction by Deputy Registrar preserved against third parties.
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4 June 2009 |
|
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4 June 2009 |
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4 June 2009 |
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The court set aside an order for specific performance, finding no valid contract arose due to failure to meet acceptance conditions.
Contract law – Formation of contract – Written acceptance and full payment as preconditions – Specific performance – Absence of enforceable contract – Land lease offers – Requirements under Ugandan law.
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4 June 2009 |
| May 2009 |
|
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Criminal law|Evidence Law
|
20 May 2009 |
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Evidence Law
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20 May 2009 |
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Refusal of a lawful transfer and abscondment justified summary dismissal without terminal benefits.
Employment law – transfer and disciplinary procedures – refusal to accept transfer and abscondment as repudiation of contract – summary dismissal – entitlement to terminal benefits – registration requirement for substantive salary scale – natural justice hearing considered but conduct justified dismissal.
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20 May 2009 |
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Appellate court upheld respondent's Shs 18,000,000 general damages award; will not disturb awards absent misdirection.
Motor vehicle negligence – liability admitted – quantum dispute – general damages for personal injury and disfigurement. Damages – assessment of general damages – medical evidence of temporary and permanent disability relevant. Civil appeals – appellate restraint – appellate court will not disturb discretionary awards absent misdirection, irrelevant considerations, or wrong principle. Costs – respondent awarded costs of appeal and High Court.
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9 May 2009 |
| April 2009 |
|
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Appellants convicted as accessories after the fact for knowingly assisting a suspect to evade arrest for drug importation.
Criminal law – Accessory after the fact – Elements: knowledge of commission of offence and assistance to escape punishment – Proof beyond reasonable doubt. Criminal law – Knowledge – Circumstantial inference from presence of suspicious substance; scientific confirmation not prerequisite. Criminal procedure – Appeal – Duty of appellate court of first instance to re-evaluate evidence afresh; standards of review. Public/security officers – Duty to hand over suspects to police; misconduct may incur criminal liability.
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20 April 2009 |
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Criminal law|Evidence Law
|
9 April 2009 |
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Criminal law|Evidence Law
|
9 April 2009 |
|
Civil Procedure|Appeals and reviews
|
8 April 2009 |
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A settlement agreement endorsed by court estopped the applicant from later seeking to enforce the original arbitral award.
Arbitration – enforceability of arbitral award – effect of post-award settlement – estoppel – accord and satisfaction – court powers regarding endorsed settlements and their impact on previously rendered arbitral awards – parties settling claims in litigation.
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7 April 2009 |
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Criminal law
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7 April 2009 |
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Wrongful dismissal: appellant awarded suspension pay, allowances, general damages, interest; pension quantum remitted to trial court.
Employment law – wrongful dismissal – breach of natural justice – entitlement to allowances during suspension – repayment of improper deductions – notice pay – vesting and computation of accrued pension – general damages for wrongful dismissal – interest and costs.
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3 April 2009 |
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Criminal law|Evidence Law
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2 April 2009 |
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Civil Procedure|Constitutional Law
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1 April 2009 |
| March 2009 |
|
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No enforceable lease on Plot 89; transferee held as bona fide purchaser; appeal dismissed, compensation for buildings affirmed.
Land law – lease interpretation and proof – whether an alleged 1957 lease covered Plot 89 or Plot 67; evidence and hearsay; Registration of Titles – protection of bona fide purchaser for value without notice; requirement to plead and prove particulars of fraud to impeach registered title; remedies – compensation for buildings where proprietary lease not established; customary tenancy/tenancy by occupancy claims and their limits in pre-existing proceedings.
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31 March 2009 |
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Criminal law|Evidence Law|Witness Testimony
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31 March 2009 |
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Civil Procedure|Appeals and reviews|Taxation law
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30 March 2009 |
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Elections
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25 March 2009 |
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Objector proceedings probe possession not title; appellants failed to prove lawful possession and appeal was dismissed with costs.
Civil procedure – objector proceedings (Order 19 r.55–57) – inquiry confined to possession, not title; execution of decree – delivery of possession of immovable property; lawful possession/security of occupancy required for objector protection; ordinary suit required to determine proprietary rights; abuse of process where counsel represents prior adverse claimant.
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23 March 2009 |
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Single-witness identification, recovery of a working pistol near the abandoned vehicle, and credible evidence upheld robbery conviction and death sentence.
Criminal law – robbery with a deadly weapon; theft elements where property abandoned; single-witness identification; circumstantial evidence and recovery of weapon; assessment of defence and alibi.
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22 March 2009 |
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An unsworn child witness’s identification cannot alone sustain conviction; statutory corroboration is required.
Criminal law – Defilement – Identification – Unsworn evidence of child of tender years – s.40(3) Trial on Indictments Act requires independent corroboration – R v Campbell; Patrick Akol – Parents’ repetition of child’s account not independent corroboration – Disproved alibi does not constitute corroboration of identity.
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22 March 2009 |
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Conviction for defilement upheld where child’s testimony and medical injuries established penetration despite intact hymen.
Criminal law – Defilement – Penetration may be inferred from medical injuries and child’s testimony despite intact hymen; credibility of child witness and cohabiting grandparent relevant to identity; alibi rejected as afterthought; life sentence upheld.
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22 March 2009 |
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Court upheld convictions and death sentence, finding single-witness identification corroborated and properly evaluated.
Criminal law – Identification – single visual identifying witness at night – factors: prior acquaintance, lighting, duration, corroboration. Evidence – corroboration by admissions, conduct and contextual threats. Criminal appeal – evaluation of contradictions and burden of proof on alibi. Sentencing – appellate sentencing powers under section 11, Judicature Act.
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19 March 2009 |
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Criminal law|Evidence Law
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17 March 2009 |
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Criminal law|Evidence Law|Evaluation of Evidence
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2 March 2009 |
| February 2009 |
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Criminal law|Evidence Law|Witness Testimony
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25 February 2009 |
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An employer may summarily dismiss an employee for loss of entrusted funds despite a criminal acquittal; civil standard applies.
Employment law – Summary dismissal for loss of employer’s funds; internal staff regulations as contractual terms; criminal acquittal not determinative in disciplinary proceedings; standard of proof in employment matters is balance of probabilities; relevance of prior misconduct and audit reports.
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18 February 2009 |
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Registrar’s grant of extension upheld; affidavit competent and sufficient cause shown for delay.
Civil procedure – extension of time – Rule 5 – discretion to extend time – sufficient cause: residence abroad, difficulty tracing client, misplacement of record – affidavit competence – Rule 44(1)/Order 19(3) – deponent with knowledge may swear supporting affidavit.
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16 February 2009 |
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Taxation of costs: taxing officer misapplied principles and under-awarded instruction fees; court increased the award.
Costs — Taxation of bill of costs — Discretion of taxing officer under Rule 9(2) Court of Appeal Rules — Assessment of instruction fees in complex/divorce appeals — Review for misapplication of principles (not bias) — Award of costs on reference.
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11 February 2009 |
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Criminal law
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11 February 2009 |
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Criminal law|Evidence Law
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9 February 2009 |
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Appeal allowed: aggravated element and identification were unproven, conviction and death sentence quashed.
Criminal law – Robbery with aggravation – Elements of offence (theft, violence and use of deadly weapon/grievous harm) – Identification evidence – requirements and caution in single witness identification – Appellate reappraisal of evidence – Fair trial rights (opportunity to address court).
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8 February 2009 |
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Vendor’s sale of part of contracted land breached agreement; purchasers with part payment entitled to specific performance and reliefs.
Contract law – Sale of land – Specific performance – Equitable ownership where part payment made; requirement for written amendment to sale agreement; condition precedent (opening boundaries) before final payment; acquiescence/waiver burden of proof; fraud and notice to third party purchaser.
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6 February 2009 |
| January 2009 |
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Court confirmed that payments to foreign contractors for services under a Uganda government contract are liable to Ugandan withholding tax.
Tax law – Withholding tax – Sourcing of income in Uganda – Privity of contract – Beneficiaries of government contract – Double taxation agreement – Application to non-resident entities – Interpretation of Income Tax Act provisions on source of income and liability to withhold tax.
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28 January 2009 |
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High Court properly granted a section 167 vesting order where respondent proved payment, possession and vendor acquiescence.
Registration of Titles Act – vesting order – section 167 requirements: payment, possession, acquiescence, inability to effect transfer – sufficiency of affidavit evidence – failure to cross-examine – allegations of forgery/fraud must be particularised – High Court jurisdiction to grant vesting order where Registrar advised court proceedings – administrator’s sale in official capacity and locus to claim.
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21 January 2009 |
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Interim injunction refused where sale completed and loss of income was not shown to be irreparable; appeal dismissed.
Injunctions — discretionary remedy; prima facie case insufficient alone for interlocutory relief — irreparable harm must be shown; loss of income usually compensable by damages; status quo cannot be preserved where sale has been completed; appellate interference with judicial discretion limited.
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15 January 2009 |
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A bank guarantee was enforceable: the condition precedent was misconstrued and demands were effectively made, so judgment for the appellant was entered.
• Contract / Guarantees – enforceability of a demand bank guarantee; effect of conditions precedent. • Tax law – relevance of Income Tax Act provisions to requisition of tax clearance certificates for assets disposed before 1 April 1998. • Evidence – sufficiency of oral demands where guarantee silent on form of demand; trial judge’s evaluation of credibility. • Civil procedure – obiter remarks on stamp duty do not constitute ratio; appellate intervention where trial court misapplied conditions and mis-evaluated evidence.
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1 January 2009 |
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Interlocutory costs belonged to the proposed joiner (bank), so the appellant could not recover taxed costs despite later main-suit orders.
Civil procedure – costs – interlocutory application to amend – preliminary objection on limitation – whether taxed costs belong to successful party or proposed joinder – effect of subsequent main-suit order that each party bears own costs – representation and authority of counsel.
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1 January 2009 |
