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Citation
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Judgment date
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| December 2016 |
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Criminal law
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22 December 2016 |
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Extension of time granted where delay was caused by court’s failure to provide records and counsel’s workload.
* Election law – appeals – extension of time to file Memorandum and Record of Appeal – requirements for "sufficient reason" and diligence. * Civil procedure – inherent and discretionary powers – Judicature Rules/Parliamentary Elections Rules governing time limits and extension. * Delay attributable to court officials or counsel – when such delay justifies extension. * Authorities: Shanti v Hindocha; Bhatt v Tejwart Singh; Wakayima Musoke Nsereko.
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19 December 2016 |
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Extension of time granted where delay resulted from court’s failure to supply records and counsel’s workload.
Election law – extension of time to file memorandum and record of appeal – delay caused by court’s failure to furnish certified judgment and proceedings – counsel’s heavy workload – sufficient reason to extend time – applicant’s diligence – discretion of Court.
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19 December 2016 |
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14 December 2016 |
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The Court records withdrawal of the appeal by consent and orders each party to bear its own costs.
Civil procedure – appeal withdrawn by consent – parties’ consent settlement agreement filed on court record – costs: each party to bear own costs.
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13 December 2016 |
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The court issued an interim stay of execution, halting the enforcement of orders affecting UPC leadership.
Political parties – Interim stay of execution – Leadership disputes – Jurisdiction of courts in administrative orders – UPC election validity.
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9 December 2016 |
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Criminal law
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7 December 2016 |
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Criminal law|Evidence Law|Evaluation of Evidence
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7 December 2016 |
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Criminal law
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7 December 2016 |
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Criminal law
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7 December 2016 |
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Criminal law
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7 December 2016 |
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Criminal law
|
7 December 2016 |
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Criminal law
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7 December 2016 |
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Criminal law
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7 December 2016 |
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Criminal law
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6 December 2016 |
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Criminal law|Evidence Law|Evaluation of Evidence
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6 December 2016 |
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Criminal law
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6 December 2016 |
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Criminal law|Evidence Law
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6 December 2016 |
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Criminal law
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6 December 2016 |
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Criminal law|Evidence Law
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6 December 2016 |
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Criminal law
|
6 December 2016 |
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Criminal law
|
6 December 2016 |
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Criminal law
|
6 December 2016 |
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Criminal law
|
6 December 2016 |
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Criminal law
|
6 December 2016 |
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Criminal law
|
6 December 2016 |
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Criminal law
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6 December 2016 |
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Criminal law
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6 December 2016 |
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Criminal law
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6 December 2016 |
|
Civil Appeal Procedure
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1 December 2016 |
| November 2016 |
|
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Court allowed extension to file election appeal documents due to High Court delay in providing certified judgment and record.
Procedure – Election appeals – Extension of time to file memorandum and record of appeal where High Court delayed in availing certified judgment and proceedings; single judge competence to hear extension despite pending strike-out application; court officials’ delay as sufficient cause for extension; election time-limits balanced with fairness.
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15 November 2016 |
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Extension of time granted where High Court’s delay in supplying certified judgment and record prevented timely filing of election appeal documents.
* Election law – extension of time to file appeal documents – delay by court officials as sufficient cause.
* Civil procedure – jurisdiction of single judge to hear extension application despite pending strike-out application.
* Court of Appeal Rules – Rule 5 permits extension before or after expiry; time limits in election appeals balanced with justice.
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15 November 2016 |
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8 November 2016 |
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Consent judgments sealed by court are binding; mediation procedural lapses and lack of seals do not automatically void them.
Civil procedure – Consent judgments: enforceability and grounds for setting aside; Commercial Court Mediation Rules – procedural non‑compliance directory versus mandatory; Mediation confidentiality – privilege of mediation materials; Corporate representation – directors’ authority to bind company in settlements; Requirements to impeach consent judgment (fraud, collusion, misapprehension of material facts).
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7 November 2016 |
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Appellants’ concealment of a potential beneficiary and unreliable witnesses justified revocation of their letters; appeal dismissed.
Succession law – determination of paternity for entitlement to letters of administration – credibility of oral evidence and baptismal certificate vs. late documentary material – refusal to order DNA where witnesses credible – concealment of a potential beneficiary when obtaining letters constitutes fraudulent conduct justifying revocation.
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4 November 2016 |
| October 2016 |
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Mitigation after Kigula must generally consider only factors available at trial; omission to regard first-offender status justified reducing sentence.
Criminal law – Murder – Sentencing after Suzan Kigula – mitigation proceedings – permissible considerations limited to factors available at original trial – appellate interference where trial judge omits important mitigating factor (first offender).
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26 October 2016 |
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Appellate court reduced life re‑sentence to 30 years after trial court overlooked material mitigating factors.
Criminal law – Sentencing – Re‑sentencing after Kigula – Appellate interference with sentencing discretion where trial court ignored material mitigating factors – Need for uniformity of sentences in comparable murder cases.
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26 October 2016 |
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Appellate court set aside an ambiguous 15‑year sentence for aggravated defilement and re‑sentenced the appellant to 11 years.
Criminal law – Sentencing – Aggravated defilement of a nine‑year‑old – Ambiguous sentence and deduction of remand time – Weight of guilty plea as mitigation – Appellate re‑assessment and reduction of sentence to 11 years.
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26 October 2016 |
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Appellate court quashed rape conviction due to material contradictions, unreliable/improper evidence admission and broken chain of custody.
* Criminal law – Rape – Appellate reappraisal of evidence – contradictions and gaps in complainant’s testimony; improper admission of medical report under s.30 Evidence Act; DNA evidence and chain of custody; alleged admissions and need for trial‑within‑a‑trial; defence not properly considered.
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26 October 2016 |
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Court confirmed 15-year sentences for aggravated robbery, finding sentencing discretion properly exercised and not manifestly excessive.
Criminal law – Aggravated robbery – Sentence – Appellate interference only where sentence is manifestly excessive, wrong in principle, or where important considerations were ignored – Balancing of mitigating and aggravating factors (first offender, remand period, grievous bodily harm, victim vulnerability).
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26 October 2016 |
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Conviction for defilement quashed where child did not testify and identifying evidence was uncorroborated hearsay.
Criminal law – Defilement – Evidence: victim of tender years not called to testify; parental statements admissible on fact of defilement but hearsay as to identity; corroboration required for single identifying child witness in sexual offences; failure to warn of danger of uncorroborated evidence fatal to conviction.
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26 October 2016 |
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Criminal law
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26 October 2016 |
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By consent the appeal was withdrawn and each party ordered to bear its own costs in both courts.
Civil procedure – Appeal withdrawn by consent – Consent order recorded by court – Costs: each party to bear own costs in appeal and in court below.
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6 October 2016 |
| September 2016 |
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A single judge may hear an extension of time application despite a pending strike-out application; preliminary objection overruled.
Appeal procedure – extension of time to file memorandum of appeal – competence of single judge to hear extension despite pending striking-out application – first-in, first-out not determinative – procedural rules as handmaidens of justice.
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30 September 2016 |
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A pending strike-out application does not prevent a single judge from hearing an application for extension of time.
Practice and procedure – extension of time – whether a single judge may hear an extension application while a separate application to strike out the appeal is pending before a full bench – application to strike out does not bar extension application; rules are handmaids of justice.
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30 September 2016 |
| August 2016 |
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31 August 2016 |
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The court granted interim possession to the applicant pending appeal, in a leasehold dispute over alleged breaches.
Property law – leasehold disputes – breach of lease agreement – interim relief pending appeal
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24 August 2016 |
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Foreign company under receivership must deposit security for costs in Ugandan court.
Civil Procedure – Security for Costs – Foreign Company – Risk of Non-payment – Receivership Considerations
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4 August 2016 |
| July 2016 |
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An appellate court may increase an applicant’s sentence only after warning the applicant or following a prosecution cross‑appeal; unlawful deportation order quashed.
* Criminal law – Sentencing – Appellate powers under s.34(2) Criminal Procedure Code Act – requirement to warn appellant or for prosecution to cross‑appeal before enhancement. * Sentencing – Consecutive vs concurrent sentences where multiple offences arose in same period – factual basis required. * Deportation – order on appeal requires procedural fairness; where trial court left deportation to Minister, appellate substitution without hearing is improper. * Computer/ATM fraud – possession of skimming devices and cloned ATM cards.
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16 July 2016 |
| June 2016 |
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Whether eyewitness and medical evidence proved participation in murder and if a 25-year sentence was excessive.
Criminal law – Murder – participation and common intention – eyewitness identification and corroboration by medical evidence; Minor inconsistencies in testimony not fatal; Self-defence rejected; Sentence review – whether 25-year term manifestly excessive.
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7 June 2016 |
