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Citation
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Judgment date
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| December 2022 |
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Minority shareholder’s derivative suit upheld; 35% shareholding confirmed, USD25m valuation set aside and USD5m awarded with interest.
* Company law – Derivative actions – minority shareholder may sue where alleged fraud on the minority prevents the company from acting (exception to Foss v Harbottle).
* Company law – Share transfer – evidential weight of signed transfer instrument and failure to prove fraud.
* Evidence – Expert valuation – admissibility of a jointly prepared report; weight may be reduced where methodology or assumptions are flawed.
* Remedies – setting aside excessive valuation award; awarding equitable compensation, interest, release of frozen funds, audit and lifting of corporate veil for execution.
* Civil procedure – appellate reappraisal of facts and law on first appeal.
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27 December 2022 |
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Appellate court reduced concurrent 20‑year aggravated robbery sentences to 19 years for failure to account remand time.
Criminal law – Sentencing – Aggravated robbery – Constitutional requirement to account for remand period (Article 23(8)) – Duty to record reasons for sentence (s.86(4) TIA) – Mitigating factors – Appellate substitution of sentence under s.11 Judicature Act.
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23 December 2022 |
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Appellate court reduced aggravated defilement sentence for failure to consider mitigating factors and to specify remand deduction.
Criminal law – Aggravated defilement – Sentencing – appellate interference where sentence is manifestly harsh or illegal – mandatory consideration of mitigating factors under Sentencing Guidelines – necessity to state remand deduction – consistency of sentencing.
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23 December 2022 |
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Whether remand deduction and sentence ambiguity under Article 23(8); court reduced an excessive rape sentence to 15 years.
Criminal law – Rape – Sentencing – Article 23(8) Constitution – deduction for remand period – Commitment Warrant under section 106(1) Trial on Indictments Act as authority – appellate interference where sentence manifestly excessive – reduction of sentence.
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23 December 2022 |
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Appellate court reduced sentence where trial judge ignored mitigating factors and failed to deduct remand time.
* Criminal law – Sentencing – aggravated robbery – balancing aggravating and mitigating factors.
* Sentencing – failure to consider mitigation by trial court entitles appellate re-evaluation.
* Sentencing – remand period is mandatory consideration and must be clearly applied/deducted.
* Sentencing Guidelines 2013 – consistency and factors to be considered.
* Appellate review – interference warranted where sentence is ambiguous, or material considerations ignored.
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23 December 2022 |
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Conviction for aggravated defilement of a vulnerable child upheld; sentence reduced for failure to deduct remand time.
Criminal law – Aggravated defilement of a child with mental/physical disability – identification and PF3 medical evidence – contradictions/inconsistencies (minor) – conviction upheld; sentencing – failure to deduct remand period (Article 23(8)) – appellate reduction/re‑sentence.
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23 December 2022 |
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Court upheld aggravated robbery conviction but reduced sentence from 20 to 15 years, 8 months after remand period deduction.
Criminal law – aggravated robbery – identification of accused – reliability of witness testimony – principles of identification evidence – sentence harshness and legality – consideration of remand period.
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23 December 2022 |
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Conviction for aggravated robbery upheld; sentence reduced to 15 years 8 months after appellate adjustment and remand credit.
Criminal law – aggravated robbery – identification evidence under torchlight; credibility of two known witnesses. Criminal law – deadly weapon ingredient – absence of exhibit or medical report not fatal where reliable witness evidence describes pangas/hoe. Constitutional/sentencing law – Article 23(8) remand credit; appellate adjustment of sentence for consistency.
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23 December 2022 |
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State held vicariously liable and UGX 10,000,000 awarded to each appellant for post‑election atrocities by government agents.
Constitutional and tortious liability – State liability for breaches of fundamental rights by government agents; vicarious liability – employer liable for employees’ wrongful acts done in course of employment even if criminal or contrary to orders; limitation – trial court’s overruling of time‑bar objection left undisturbed; remedies – award of general damages and costs.
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23 December 2022 |
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Second appellate court reappraised evidence and upheld that appellants failed to prove land ownership; appeal dismissed with costs.
Land law — proof of customary ownership — onus on plaintiff to prove title on balance of probabilities; evaluation of conflicting oral and documentary evidence; admissibility and weight of a Will and customary certificate; second appeals — limits under s.72 & s.74 Civil Procedure Act and standard for reappraisal by second appellate court; amendment of grounds of appeal — requirement of leave under Court of Appeal rules.
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21 December 2022 |
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Convictions for murder and aggravated robbery upheld where voluntary confession and corroborating circumstantial evidence proved participation.
Criminal law – Circumstantial evidence and confessions – admissibility of repudiated charge and caution statement after trial within a trial – elements of aggravated robbery and murder – sentencing discretion and remand period.
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21 December 2022 |
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Appeal dismissed: appellant failed to prove registry fraud and the claim was time‑barred.
* Land law – Alleged fraudulent transfers – strict proof required and fraud must be attributable to transferee. * Evidence – burden of proof; cross‑examination can challenge otherwise unopposed evidence. * Civil procedure – adverse inference for failure to call a key witness is discretionary and contingent on evidentiary context. * Limitation – actions in tort against the Government time‑barred where cause arose decades earlier. * Appellate review – first appellate court may reappraise evidence but will not disturb discretionary findings absent clear error.
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15 December 2022 |
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Magistrates may hear disputes over titled land but cannot adjudicate or transfer suits exceeding their pecuniary jurisdiction.
Magistrates' jurisdiction – Civil suits involving land with certificate of title – Magistrates may try disputes over titled land but cannot cancel or alter title; cancellation is a High Court power. Pecuniary jurisdiction – Pleaded value and special damages may place a suit beyond a magistrate’s monetary limits. Transfer of suits – A court without jurisdiction cannot validly transfer a suit; such referral is null and void.
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15 December 2022 |
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Applicant granted interim stay of execution pending appeal after court overruled technical objections to respondent's affidavit.
Court of Appeal — interim stay of execution — Rules 6(2)(b) and 2(2) — conditions for stay: competent notice of appeal, pending substantive application, serious threat of execution; formality of jurat — Oaths Act and Illiterates Protection Act — minor deviations cured — exhibits and annexures admissible where substance preserved.
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15 December 2022 |
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Court upheld Respondent's land ownership against claims of adverse possession; action not barred by limitation law.
Land Law - Adverse possession - Proper evaluation of evidence for land ownership - Application of limitation laws in land disputes.
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15 December 2022 |
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Appellate court upheld concurrent 20-year sentences, finding mitigation considered and remand time properly credited.
Criminal law – sentencing – mitigation and aggravation – duty to consider mitigating factors; credit for remand time – Article 23(8) and Rwabugande; appellate interference with sentencing discretion; proportionality and consistency in sentencing.
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12 December 2022 |
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Concurrent 20‑year sentences upheld; remand period credited and sentence not manifestly excessive.
Criminal law – Sentencing – consideration of mitigating and aggravating factors; deduction of remand period under Article 23(8); when appellate court may interfere with sentence; effect of omission on sentencing record versus commitment warrant.
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12 December 2022 |
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Plea-taking irregularity rendered guilty plea equivocal; conviction quashed and sentence set aside, appellant released unless held on other charges.
Criminal procedure – Plea taking – ss. 60 & 63 Trial on Indictments Act – Plea bargain – Necessity to record accused’s response to facts – Equivocal plea and miscarriage of justice; Discretion on retrial – prejudice, delay and interests of substantive justice.
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9 December 2022 |
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The appeal was void due to involvement of a non-existent entity lacking legal capacity.
Procedural law – Jurisdiction – Locus standi of non-existent entity – Judicial review and invalid court proceedings
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8 December 2022 |
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Appellant's conviction for simple robbery upheld; ownership/valuation not required and remand period was properly deducted.
Criminal law – robbery – ingredients: theft, use/threat of violence and participation; ownership proof not required where victim in possession; valuation not essential for conviction; Human Rights (Enforcement) Act 2019 inapplicable retrospectively to concluded trial; sentencing – remand period must be deducted and trial court had complied; appellate reappraisal and doctrine of recent possession.
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1 December 2022 |
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Conviction for aggravated defilement upheld; sentence reduced for undue harshness given appellant’s youth.
* Criminal law – Aggravated defilement – conviction may rest on credible sworn child complainant without mandatory corroboration. * Evidence – absence of investigating police officer’s testimony not fatal where other evidence proves the case beyond reasonable doubt. * Human rights – allegations of torture/unlawful detention require prompt application in trial court under Human Rights (Enforcement) Act; appellate complaint alone insufficient. * Sentencing – youth and maturity are material mitigating factors; appellate court may reduce manifestly excessive sentence.
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1 December 2022 |
| November 2022 |
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Appellant entitled to unpaid promised compensation due to legitimate expectation; claim was not time‑barred.
Limitation periods – cause of action accrues when the change of position is communicated (2012) not at original event (1990); Administrative law – legitimate expectation — clear governmental representations; Ex gratia payments distinguished from enforceable promises; Remedies — award of unpaid balance, interest and costs.
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29 November 2022 |
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The court declared the plea bargain void and reduced the sentence for aggravated defilement to 14 years imprisonment.
Criminal Procedure – Plea Bargain – Validity of plea bargains; Sentencing – Appropriate sentence for aggravated defilement.
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25 November 2022 |
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Conviction for murder affirmed on reliable eyewitness identification; sentence reduced to 23 years to deduct two years remand time.
Criminal law – Murder – Identification evidence – Proper tests for visual identification satisfied where witnesses knew accused, observed him in adequate light and proximity; Evidence Act s.133 – No prescribed number of witnesses; Sentencing – Constitutional requirement to take remand period into account (Art. 23(8)) – Failure to deduct remand period renders sentence illegal – appellate re-sentencing.
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25 November 2022 |
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25 November 2022 |
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Appellant failed to prove unjust enrichment or entitlement to refund of deposit; appeal dismissed, costs shared.
Commercial law – restitution – action for money had and received – unjust enrichment – requirements: enrichment, at claimant’s expense, retention unjust – burden on claimant to prove on balance of probabilities; evidence that deposit was received on behalf of third party defeats claim.
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25 November 2022 |
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Second appellate court quashes convictions where prosecution failed to prove appellant entered ghost employees into IPPS/IFMS.
* Criminal law – Appeal – second appeal limited to questions of law but duty to examine whether first appellate court applied correct principles. * Criminal law – burden of proof – accused must be acquitted if it is reasonably possible he might be innocent; prosecution must prove guilt beyond reasonable doubt. * Electronic/evidence systems – IFMS/IPPS entries and migration processes relevant to authorship of payroll entries. * Evidence – importance of considering computer analyst and investigating officer testimony in cases involving electronic payroll records.
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25 November 2022 |
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A suit commenced under a void power of attorney granted by non-proprietors is a nullity and must be struck out.
* Land law – Registration of Titles Act s.146 – power of attorney to deal with registered land valid only when granted by a proprietor; powers granted by non-proprietors are void. * Civil procedure – Order 7 R.11 & R.14(1) CPR – plaints must be supported by documents relied upon; a plaint founded on a null instrument is rejectable and the suit struck out. * Representative actions – power of attorney necessary to confer locus to an attorney acting for principals abroad. * Costs – successful challenger entitled to costs at trial and on appeal.
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25 November 2022 |
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Appellate court enforces plea‑bargain sentence; trial judge may not increase an agreed term and remand is deducted.
Plea taking – compliance with Trial on Indictments Act and Adan procedure; Plea bargain – reading agreed facts from the plea form lawful where plea admitted; Illiterate accused – counsel’s explanation suffices, interpreter’s signature not required if represented; Sentencing – judge cannot impose harsher sentence than agreed in plea bargain; Rejection procedure – court must record reasons and refer for trial if agreement risks miscarriage of justice; Appellate power – section 11 Judicature Act can be used to enforce plea bargain sentence; Remand credit – deduction under Article 23(8).
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25 November 2022 |
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The appellate court adjusted the sentence to match the plea bargain agreement, finding the initial sentencing excessive and contrary to procedure.
Criminal Law – Plea bargain procedure – Review of sentence beyond agreed terms – Judicial role in plea agreements.
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25 November 2022 |
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22 November 2022 |
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22 November 2022 |
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Property bought before marriage may be matrimonial if used as the family home; contributions determine equitable share (20% awarded).
Matrimonial property – property acquired before solemnisation may be matrimonial if intended and used as the family home; monetary and non-monetary spouse contributions relevant to entitlement; valuation of non-monetary contributions requires assessment against market equivalents and compensatory benefits; apportionment is a fact-based exercise, not an automatic 50:50 rule; appellate reappraisal permitted where trial findings fail to account for collateral circumstances.
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15 November 2022 |
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The appeal was struck out for lacking mandatory High Court leave on a non-appealable order.
Civil Procedure – Appeal – Security for costs – Whether appealable as of right – Requirement of leave to appeal.
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15 November 2022 |
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14 November 2022 |
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Twenty-year murder sentence upheld: remand period was considered and sentence not manifestly excessive.
Criminal law – Sentencing – Murder – Whether remand period must be arithmetically deducted under Article 23(8) – Effect of timing of precedent (Rwabugande) – Appellate interference with sentencing limited to wrong principle, overlooked material facts, or manifest excessiveness.
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14 November 2022 |
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Appellate court upheld guilty pleas and consecutive murder sentences, finding plea-taking proper and sentences not excessive.
* Criminal procedure – Plea-taking – compliance with Trial on Indictments Act ss.60, 63 and Adan v Republic – prosecutor reading facts and accused admission constitutes proper plea-taking. * Criminal law – Plea of guilty – when appellate interference is justified (imperfect/ambiguous plea, mistake or no offence disclosed). * Sentencing – deduction of remand under Article 23(8) – importance of commitment warrant to clarify computation. * Sentencing – appellate review standard: only interfere if wrong principle, material omission, or manifest excessiveness.
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14 November 2022 |
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Court granted interim stay in land dispute to preserve the status quo, imposing strict conditional restraints for 180 days.
• Land law – Interim stay of execution – Purpose to preserve status quo – Requirements: competent notice of appeal, substantive application and serious imminent threat of execution. • Evidence – imminence of execution – past incidents insufficient; recent or credible threat required. • Interim relief – conditions to restrict development, alienation and non-subsistence agricultural activities; limited duration and prompt listing of substantive application. • Costs – ordered in the cause.
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11 November 2022 |
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10 November 2022 |
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Conviction for rape upheld; minor inconsistencies not fatal and 18-year sentence affirmed despite inappropriate 'merciless' remark.
• Criminal law – Rape – Identification evidence and medical report as corroboration; sufficiency of proof beyond reasonable doubt. • Evidence – Distinguishing material from minor inconsistencies and contradictions; hearsay corroboration. • Sentencing – Discretion of trial court, consideration of mitigating factors and remand time under Article 23(8) of the Constitution; effect of later case law. • Judicial conduct – Inappropriate sentencing remarks do not necessarily invalidate a lawful sentence.
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9 November 2022 |
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Sentence reduced because the trial court failed to deduct 3 years 6 months remand under Article 23(8).
Criminal law – Aggravated defilement – Sentencing – consideration of mitigating and aggravating factors; Constitutional requirement (Article 23(8)) to deduct pre‑trial custody from imposed sentences; Appellate power to resentence under section 11 Judicature Act; Consistency of sentencing in comparable cases.
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9 November 2022 |
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The appellant formally withdrew Civil Appeal No. 152 of 2017 and the court made no order as to costs.
Civil procedure – Appeal – Formal withdrawal of appeal before Registrar – Withdrawal recorded and entered – No order as to costs.
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8 November 2022 |
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Appellant’s loss of contract was not caused by the respondent’s post‑award disavowal of a bid bond; appeal dismissed.
Procurement law – bid securities – authenticity of bank guarantees; causation – temporal nexus between bank communication and procurement award; fraud/forgery allegations – burden and standard of proof; bank–customer duty – negligence/fiduciary claims; procedural rules – service of notice of appeal and contents of record of appeal.
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2 November 2022 |
| October 2022 |
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Revocation of letters of administration obtained by concealing beneficiaries; estate (including compensation) vested in Administrator General for distribution.
Succession Act — Letters of Administration — Revocation for just cause under s.234 where grant obtained by concealment of beneficiaries; distribution of intestate estate and compulsory acquisition compensation; special certificate of title — recall where duplicate title exists.
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31 October 2022 |
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26 October 2022 |
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Whether voice recognition by a familiar victim justified conviction and whether a 17-year sentence was lawful and proportionate.
Criminal law – Aggravated defilement; identification by voice/recognition; single witness convictions; evaluation of identification factors; sentencing — consideration of remand under Article 23(8); HIV-positive offender as aggravating factor; consistency and proportionality of sentence.
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26 October 2022 |
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Conviction upheld on voice identification and corroboration; 30-year sentence reduced to 16 years.
* Criminal law – Aggravated robbery – identification by voice – reliability where victim familiar with accused and prolonged close contact; corroboration required. * Evidence – recent possession – recovery of stolen items near accused’s residence and blood-stained clothing/mask as corroborative evidence; non-production of exhibits not necessarily fatal where descriptions and exhibit slips suffice. * Sentencing – parity and consistency – appellate reduction of manifestly excessive sentence; consideration of mitigation, aggravating factors and time on remand.
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26 October 2022 |
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The appeal against convictions is dismissed but the applicant's sentence was adjusted to account for time on remand.
* Criminal law – aggravated robbery – identification evidence – reliance on single or multiple witnesses and factors for reliable identification (length of observation, light, familiarity).
* Evidence – identification parade – failure to hold one not necessarily fatal where corroborative evidence links accused to crime.
* Criminal procedure – alibi – burden and evaluation of alibi when prosecution evidence is corroborative.
* Sentencing – constitutional right to credit for time on remand (Article 23(8)) – failure to deduct renders sentence unlawful; appellate court may resentence under s.11 Judicature Act.
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25 October 2022 |
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Appellate court affirmed murder convictions: assessors present, circumstantial evidence and post‑mortem proved guilt, sentence upheld.
Criminal law – Murder (ss.188–189 Penal Code) – Elements: death, unlawfulness, malice aforethought, participation – Post‑mortem evidence; Circumstantial evidence – last‑seen doctrine and requirements for excluding reasonable hypotheses of innocence; Trial procedure – assessors’ oath and presence; Sentencing – appellate interference only when manifestly excessive.
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25 October 2022 |
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Concurrent terms of 20 and 18 years for murder and aggravated robbery upheld as not manifestly excessive.
Criminal law – Sentence review – Murder and aggravated robbery – Sentencing range for capital offences (Third Schedule) – Appellate restraint: interfere only if sentence is manifestly excessive or based on wrong principle – Consideration of aggravating and mitigating factors – Concurrent terms upheld.
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25 October 2022 |
