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Citation
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Judgment date
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| December 2015 |
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The appeal concerning an informer's claim for a 10% reward on tax recovery and breach of contract was dismissed.
Tax law - Informer reward - Calculation of reward - Legally binding payment agreements - Damages for breach of contract
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28 December 2015 |
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Court granted an interim stay to prevent imminent execution and preserve the applicants' appeal due to registry delay.
Civil procedure – Interim stay of execution: requirements of a pending substantive application and real threat of execution; ex parte interim relief where urgency and risk of rendering appeal nugatory; registry delay and special circumstances may justify Court of Appeal intervention.
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16 December 2015 |
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Allocation of government-owned land to the land commission was lawful and did not breach constitutional land provisions; petition dismissed.
Constitutional law – Article 137 jurisdiction; land law – ownership and management of government land by the Uganda Land Commission (Article 239; Land Act s.53); district land boards’ functions (Article 241; Land Act ss.59–60); protection from deprivation (Article 26); reliefs in constitutional petitions.
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9 December 2015 |
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Appellant failed to produce locus-in-quo record and did not prove kibanja interest or fraud; appeal dismissed with costs.
Land law – customary (kibanja) interests and bona fide occupancy – burden and nature of proof; Civil procedure – obligation to prepare complete record of appeal and effect of missing locus in quo proceedings; Registration of Titles – protection of certificate of title (s.59) and requirement of proof for fraud to impeach title.
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7 December 2015 |
Criminal Law—habeas corpus—jurisdiction of General Court Martial—civilian trials—use of military weapons—competence of court—right to fair trial—procedural impropriety—service offences—application for habeas corpus dismissed, General Court Martial jurisdiction upheld.
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7 December 2015 |
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Registered title shifts burden; long occupants protected as bona fide occupants, while an unproven occupant is a trespasser.
Land law – Registered proprietorship and burden of proof – Trespass – Customary (kibanja) tenure in urban areas – Public Lands Act 1969 prohibition – Article 237 constitutional protection and bona fide occupants – Admissibility of unpleaded factual evidence.
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3 December 2015 |
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Applicant permitted to adduce forensic handwriting evidence challenging Letters of Administration that affect company shareholding; supplementary record ordered.
Court of Appeal discretion to admit additional evidence under Rule 30(1)(b); criteria for admission (newness after due diligence; relevance; credibility; probable influence; proof attached; no undue delay); admission of forensic handwriting report and affidavits alleging forgery affecting Letters of Administration and company shareholding; inherent powers under Rule 2(2) to prevent injustice.
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2 December 2015 |
| November 2015 |
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Appellate court upheld customary occupation, found leases procured by fraud, and dismissed the appeal with costs.
* Land law – customary tenure – proof of long user, grazing and homesteads as evidence of customary occupation; * Wildlife/control areas – Controlled Hunting Area does not automatically preclude human settlement or customary right; * Procedure – locus in quo visit properly conducted; sketch plan and observations admissible; * Fraud – procuring allocations to defeat unregistered customary interests amounts to fraud; * Remedies – declarations, injunctions, possession and general damages; appellate restraint on interfering with discretionary damages awards.
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26 November 2015 |
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A registered proprietor cannot have title cancelled without being joined and given an opportunity to be heard.
Land law – Registered title – cancellation/impeachment of certificate of title – non‑party relief – natural justice (audi alteram partem) – decision null and void ab initio; Registration of Titles Act s177; Civil Procedure – joinder/party to suit.
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26 November 2015 |
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12 November 2015 |
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The court upheld the trial court’s finding that the appellant breached a supply contract and was indebted to the respondent.
Contract law – breach and indebtedness – whether the trial court properly assessed evidence – credibility of documentary and expert evidence – burden of proof – effect of not calling additional witnesses.
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6 November 2015 |
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Circumstantial evidence did not exclude other reasonable hypotheses and unascertained mental illness rendered conviction unsafe.
Criminal law – Circumstantial evidence – requirement that proved facts be inconsistent only with guilt and incapable of any other reasonable hypothesis; Proof beyond reasonable doubt; Forensic proof of bloodstains and witness evidence; Mental fitness/unsoundness – necessity to ascertain mental state before relying on post‑offence conduct; Homicide distinguished from staged suicide based on post‑mortem findings.
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5 November 2015 |
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4 November 2015 |
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Second appellate court upholds oral amendment of land sale agreement and confirms respondent was not a trespasser; appeal dismissed with costs.
Land law – sale of land – oral amendment of written contract – vendor’s promise to compensate purchaser with part of adjacent plot – enforceability of oral amendment; second appellate review – scope and limits; trespass and eviction orders.
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3 November 2015 |
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Appellant estopped by acquiescence from reclaiming property despite absence of a valid inter vivos gift.
* Property law – gift inter vivos – effectuality of gift despite delay in transfer; question of fact whether gift made. * Evidence – estoppel by acquiescence – silence, acceptance of distribution, prolonged possession and improvements amount to estoppel. * Appellate review – first appellate court must re-evaluate material evidence and may uphold findings when supported by evidence.
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3 November 2015 |
| October 2015 |
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Appeal for interim stay dismissed; Applicants can raise legal issues in written submissions and post-ruling appeal.
Civil Procedure - Stay of proceedings - Discretion of lower court in allowing submissions - Judicial economy
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30 October 2015 |
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Court allowed post-judgment land-title evidence on appeal, finding it new, credible, relevant and likely dispositive.
Application to adduce additional evidence on appeal – criteria: evidence not available at trial; due diligence to obtain it; relevance, credibility and probable influence on outcome – post-judgment land title cancellation letter admissible; Article 126(2)(e) permits relaxation of technicalities to secure substantive justice.
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28 October 2015 |
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An appeal against dismissal for non-appearance is incompetent without first applying to set aside the dismissal or obtaining leave to appeal.
Civil procedure – dismissal for non-appearance (Order 9 r.22 CPR) – application to set aside dismissal (Order 9 r.23) – appeals not as of right – leave required under Order 44 r.2–3 – application for leave must first be made to the Court which made the order – elevation of trial judge does not oust jurisdiction of other High Court judges to hear reinstatement applications.
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26 October 2015 |
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26 October 2015 |
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Interim stay denied where no imminent execution existed despite a pending appeal and substantive stay application.
Civil procedure – interim stay of execution – Rule 42 requirement to apply first in the High Court; Hwang Sung test for interim stay (substantive application pending and serious threat of execution); lack of imminent execution defeats interim relief.
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26 October 2015 |
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Court refused to strike out an appeal despite timing discrepancies, prioritising substantive justice over technicalities.
Civil procedure – notice of appeal – application to strike out for late service and failure to prosecute – computation of time – exclusion of Christmas vacation (Order 51 r.4 CPR) – certificate of correctness discrepancies – substantive justice (Article 126(1)(e)) – condemned unheard – appellate rights; discretion to refuse strike out.
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23 October 2015 |
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Donor’s conditional donation and fraudulent transfer of donated property defeated; recipients ordered to account, repay and company struck off.
Charitable donations – conditional donations and donor’s retained proprietary rights; fraudulent transfer of donated land; locus standi of donor; burden shifting under s.106 Evidence Act where recipient fails to account; invalid company incorporation – forgery and non-compliance with Companies Act; appointment of trustees to manage land owned for charitable purposes.
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23 October 2015 |
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Court granted a five-month interim injunction halting sale pending determination of the application to extend the prior injunction.
Civil procedure – interim injunction pending substantive application – requirements: substantive application pending and serious threat of execution; sale would render appeal/application nugatory; interim relief may be limited in duration; Registrar directed to urgently fix hearing; costs to abide outcome.
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23 October 2015 |
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Fraudulent procurement of a registered title established by substituted site plan, non‑production of original plan and supporting circumstantial evidence.
* Land law – registered title – fraud in procurement of title – higher standard of proof applicable; substitution of site plan and failure to produce original plan justify adverse inference. * Evidence – non-production of documents – permissible adverse inference where party undertook to produce documents. * Circumstantial evidence – threats and disappearance of official file can support inference of fraudulent scheme.
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23 October 2015 |
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Respondent's fraud claim was timely; purchaser failed to acquire good title from an impostor, so appeal dismissed.
Limitation — accrual of cause of action in fraud cases — discovery rule; Limitation — effect of minority and letters of administration on accrual; Land law — transfer obtained from impostor does not vest good title in purchaser; Evidence — adverse inference where key witnesses (vendor, agent) are not called; Proof of forgery — handwriting evidence and evidential weight.
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22 October 2015 |
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Court granted extension of time and stayed execution pending appeal, finding serious questions on Attorney General’s authority to enter consent judgments.
* Civil procedure – extension of time and leave to appeal – court’s inherent jurisdiction and Rules to prevent abuse of process.
* Civil procedure – stay of execution pending appeal – requirement of serious question to be tried, irreparable harm and balance of convenience.
* Public law – consent judgments – authority of Attorney General to bind a public institution; potential involvement of public funds.
* Procedure – applications made informally under Court of Appeal Rules where special circumstances exist.
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22 October 2015 |
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Application for injunction dismissed as wrongly directed at non-parties and improperly before the Court of Appeal.
Civil procedure – Interim relief – Injunctions – Court of Appeal cannot grant injunctions against non-parties not before the court; proper party and forum required – Right to be heard (audi alteram partem).
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20 October 2015 |
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Surveying with the respondent’s household permission negated trespass; co‑defendants who stayed outside were not liable.
* Tort – Trespass to land – Unauthorized entry versus licence/permission – permission given by occupant’s household negating trespass; * Land law – Surveying and demarcation after purchase – lawful means to ascertain boundaries; * Evidence – weight of witness corroboration on permission; * Appeal – scope of second appeal and re-evaluation of evidence; * Title – possession and completed purchase can suffice where certificate of title not yet registered.
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20 October 2015 |
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Court upheld misuse of joint-venture funds, admissibility of computer print-outs, fraud finding, and interest at 11% on damages.
Evidence – Electronic/computer-generated documents – print-outs may constitute primary evidence if authentic; Joint venture – misuse/diversion of funds – breach and recoverable loss; Accounting disputes – proof of under-declaration and tax treatment; Damages – award of general damages for foreseeable foreign exchange loss where special damages not strictly proved; Lifting corporate veil – personal liability of directing mind where company used for fraud; Interest – discretionary award, 11% p.a. affirmed/awarded.
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16 October 2015 |
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Conviction upheld on identification and corroboration points, but appellant released because he should have been treated and sentenced as a child.
* Criminal law – Rape – Identification – circumstances favouring identification and guidelines for positive identification in poor light.
* Criminal law – Sexual offences – Corroboration of complainant’s evidence not mandatory; historic corroboration rule rejected as discriminatory.
* Children Act – Age inquiry – duty of court to ascertain apparent age and take evidence; doubt as to age resolved in favour of accused.
* Sentencing – Child offender – referral to Family and Children Court and statutory limits on detention for child offenders; release where detention already exceeds statutory maximum.
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16 October 2015 |
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Court set aside High Court orders that altered the appellant's title without hearing, ordering rehearing and reinstatement of title.
Constitutional law – right to fair hearing (Article 28) – orders affecting proprietary rights – error apparent on the face of the record – review – restitution of title – rehearing before another judge – reinstatement of title and caveat – costs.
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7 October 2015 |
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Appellant's alibi and single‑witness challenges failed; conviction and 34‑year sentence for murder upheld.
* Criminal law – Murder – Identification by single witness – special caution but conviction permissible where conditions favourable and witness credible; * Criminal law – Alibi – burden remains on prosecution to disprove beyond reasonable doubt; * Evidence – appellate re‑appraisal of credibility and demeanor; * Sentence – appellate restraint unless sentence manifestly excessive or wrong in principle.
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7 October 2015 |
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Confessions recorded by one officer from multiple suspects are unsafe; reliable identification can sustain conviction; omnibus sentence unlawful.
* Criminal law – confession statements – admissibility – impropriety and unreliability where one police officer records confessions from multiple suspects charged with same offence – statements admissible but no probative value.
* Evidence – visual identification – single identifying witness – conditions for reliable identification (distance, lighting, prior acquaintance) and sufficiency to sustain conviction.
* Sentencing – illegality of omnibus sentence – appellate court power to substitute separate sentences under section 11 Judicature Act; consideration of remand time and mitigation.
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7 October 2015 |
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Prolonged delay in pursuing appeal defeats entitlement to an interim injunction preserving disputed land.
Interim injunctions pending appeal; preservation of right of appeal; dilatory conduct by appellant; delay in filing application for leave to appeal; entitlement to enjoy fruits of decree; costs against unsuccessful interim applicant.
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2 October 2015 |
| September 2015 |
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Declaratory action to rectify a mistaken special certificate is not time‑barred; certificate cancelled and rectified; appellant held constructively fraudulent.
Limitation Act – Section 5 inapplicable to declaratory actions to rectify title; Registration of Titles – special certificate not conclusive where issued in error or in circumstances of fraud/mistake; Equity – constructive/passive fraud bars reliance on mistaken title; Remedies – cancellation/rectification of certificate, resurvey or compensation; Trespass – only person in possession may sue; Caveats lapse after rectification.
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28 September 2015 |
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Application to adduce fresh evidence on appeal dismissed for failure to meet Ladd v Marshall criteria.
Criminal procedure – Additional evidence on appeal – Rules 30(1)(b) & 43(1)(b) – Ladd v Marshall criteria applied – Evidence must be unobtainable with reasonable diligence, probably affect outcome, and be apparently credible – Confession/recantation by co-accused who admits lying is generally not credible – Documentary evidence obtainable earlier cannot justify reopening.
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28 September 2015 |
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Convictions entered without an Adan-compliant statement of facts are invalid; retrial ordered for the appellants.
Criminal procedure – Plea of guilty – Adan v R procedure – necessity of reading and recording statement of facts to ensure unequivocal plea – defective plea invalidates conviction and sentence – retrial ordered.
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28 September 2015 |
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Second appeal: transfer form found forged; land title is property; convictions for forgery, false uttering and false pretences reinstated.
* Criminal law – Forgery and uttering a false document – completed statutory form can be a legal document and tell a lie about itself; forgery and uttering proven by handwriting expert evidence.
* Criminal law – Obtaining property by false pretences – a land title document constitutes "property" capable of being obtained by false pretences.
* Criminal law – Conspiracy – common intention and concert of action supported conviction for conspiracy to commit felony.
* Appeals – Second appeal limited to questions of law but may interfere where no evidence supports factual findings.
* Sentencing and compensation – appellate enhancement of sentence and compensation order upheld where legally justified.
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23 September 2015 |
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21 September 2015 |
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Application for leave to appeal out of time dismissed for want of prosecution after prolonged delay and non-appearance.
Civil procedure – extension of time to appeal – application dismissed for want of prosecution under Rule 56 – prolonged delay (2½ years) and repeated non-appearance by applicant’s counsel – corporate litigant’s duty to supervise prosecution – costs awarded to respondent.
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10 September 2015 |
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Allegation of connivance in theft was defamatory; defendant failed to prove justification and damages awarded.
Defamation – identification of the 'sting' of publication; defence of justification (truth) – requirement to prove commission of crime strictly where libel imputes criminality; evidence of arrest versus proof of guilt; mitigation by prior reputation limited.
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10 September 2015 |
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An interim stay of IGG/DPP investigations requires evidence of imminent execution or irreparable harm, which was not shown here.
* Administrative law – interim stay of execution – requirements: pending substantive application with notice of appeal and serious threat of execution; discretionary relief.
* Constitutional law – separation of functions – limits to judicial interference with IGG and DPP investigative/prosecutorial mandates absent evidence of irreparable harm.
* Civil procedure – applicant must show prima facie/triable issues plus imminent risk, not mere speculation.
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10 September 2015 |
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Conviction based solely on a single inconsistent identification was unsafe and therefore set aside.
Criminal law – Identification evidence – Single identifying witness – reliability and material inconsistencies with prior statement; need for corroboration before convicting; appellate re-evaluation of evidence; conviction unsafe and set aside.
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7 September 2015 |
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3 September 2015 |
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Conviction for obtaining land registration by false pretences upheld despite no Registrar or medical expert testimony.
* Criminal law – obtaining registration by false pretences – elements: procuring registration by false representation; proof of registration; agency and culpability.
* Evidence – proof of mental capacity – when lay testimony familiar with the person may suffice in absence of medical records.
* Evidence – necessity of calling public official (Registrar of Titles) – registration may be proved by certificate and admissions; Registrar’s state of mind not essential.
* Agency – presenting false documents through lawyers does not exonerate the principal.
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1 September 2015 |
| August 2015 |
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Court grants interim stay of execution due to credible threat and procedural compliance pending substantive application.
Civil procedure - Appeal - Interim stay of execution - Application requirements and court's jurisdiction.
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6 August 2015 |
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Court found no fraud; confirmed appellant's title, recognizing respondents as customary tenants without proprietary interest.
Property law – title registration – fraud – determination of proprietary interest and tenure rights – roles of customary tenants.
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5 August 2015 |
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Second appeal: fraud in transfer of a mailo title must be strictly pleaded and proved; respondents were customary tenants, not mailo owners.
Land law – mailo title vs customary (kibanja) occupancy – requirement that fraud be strictly pleaded and proved – limits of second appeal (questions of law) – insufficiency of evidence to establish fraud – proof of demolition/damages.
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5 August 2015 |
| July 2015 |
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Instruction fees reduced, VAT deemed properly applicable on fees post-taxation.
Taxation – election petition appeal – instruction fees – rule 9(3) Third Schedule to the Rules of the Court – VAT application on instruction fees
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31 July 2015 |
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The court upheld a judgment finding land registration to be fraudulent and awarded mesne profits and general damages.
Land law – Fraud in land registration – Bona fide purchaser for value – Mesne profits – General damages in trespass
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16 July 2015 |
