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Citation
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Judgment date
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| October 2022 |
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Granting interim stay pending appeal where applicant filed notice of appeal and substantive stay application.
Civil procedure – Stay of execution – Interim stay pending appeal – prerequisites: notice of appeal, substantive stay application pending, imminent threat of execution – Court should not pre-empt merits or alleged contempt at interim stage – preservation of status quo.
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25 October 2022 |
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A single Justice may grant an interim stay where a competent notice, pending stay application and real risk of prejudice exist.
Jurisdiction of single Justice under s.12 Judicature Act; interim stay of proceedings—test: notice of appeal, pending substantive stay, serious threat of execution; competence of e‑filed notices via ECCMIS; form irregularities curable where substance clear; preservation of status quo to prevent nugatory appeals.
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19 October 2022 |
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Cause of action accrued on final payment; arbitration waived by participation; appellant liable for unpaid US$2,060,628 plus interest.
Contract law – commission agreement and subsequent settlement; limitation – cause of action accrual on final payment; arbitration – requirement to seek early stay before pleadings; accord and satisfaction/promissory estoppel – binding effect of agreement to accept lesser sum; evidentiary proof of payment; appellate reappraisal of facts (first appeal).
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18 October 2022 |
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18 October 2022 |
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Interim injunction granted to preserve status quo pending substantive application where serious execution threat existed and appeal-related proceedings were pending.
Civil procedure – Interim injunction pending substantive application and/or appeal – Requirements: competent notice of appeal, substantive application pending, and serious threat of execution – Evidence of transfer/removal of caveat and letters threatening eviction satisfy imminent threat criterion.
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18 October 2022 |
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Court granted interim stay preventing sale of loan securities pending appeal, finding notice of appeal and serious threat existed.
Civil procedure – Interim stay of execution – Requirements: competent notice of appeal, substantive application pending, and serious threat of execution. Interim relief – Restraint on attachment or sale of loan securities pending appeal. Res judicata and abuse of process – technical dismissal does not preclude fresh interim relief when substantive appeal pending. Equitable relief – applicant's conduct (alleged contempt/unclean hands) considered but did not bar interim order
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18 October 2022 |
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Consistent dying declarations corroborated by medical evidence sustained conviction; death sentence quashed as manifestly excessive and substituted.
Evidence – Dying declarations – repeated consistent statements to several witnesses admissible; corroboration desirable but not mandatory; medical evidence can corroborate. Criminal law – Identification – minor inconsistencies and typographical errors do not necessarily destroy credibility. Appellate procedure – First appellate court duty to reappraise evidence (Rule 30(1))
Sentencing – Mandatory death sentence unconstitutional; discretionary death sentence may be imposed but appellate court may interfere where sentence is manifestly excessive; remand credit to be applied
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14 October 2022 |
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Appellate court upheld a 20-year sentence for aggravated defilement of a one-and-a-half-year-old, finding it not excessive.
Criminal law – Aggravated defilement – Sentence review; appellate interference with sentencing discretion; mitigation (guilty plea, first offender, remand time) vs aggravation (victim's extreme youth, injuries); sentencing consistency and precedents.
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14 October 2022 |
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Contradictions in evidence defeated proof of theft; rope was a "deadly weapon" but conviction reduced to attempted robbery with revised sentence.
Criminal law – Aggravated robbery – proof of theft as an essential ingredient – contradictions and hearsay undermining proof; Defence of alibi – lateness and investigability; Statutory interpretation – whether a rope is a "deadly weapon" under s286(3) PCA; Substitution of conviction and appellate sentencing; Application of attempted robbery provisions (s287 PCA).
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14 October 2022 |
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Electronic evidence seized and forensically examined without a section 28 search warrant violates privacy and is inadmissible, resulting in acquittal.
Computer Misuse Act s28 — searches and seizure; magistrate search warrant required; Article 27 right to privacy; admissibility and exclusion of electronic/forensic evidence; exigent circumstances; URA/EACCMA powers; disclosure of forensic images/Encase; assessors' oath; double jeopardy; sentencing
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14 October 2022 |
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Plea of guilty properly recorded; convictions, sentences and UGX 556,000,000 compensation upheld.
Criminal procedure – Plea of guilty – Requirement to read charges, explain essential elements, elicit unequivocal admission – Adan v R procedure. Criminal law – Sentencing – Discretion of trial court; appellate interference only if sentence illegal or manifestly excessive. Compensation in criminal proceedings – Trial on Indictments Act empowers award to persons who suffered loss; avoidance of unjust enrichment
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14 October 2022 |
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Whether late alibi and minor witness inconsistencies undermine circumstantial proof of murder and a 27-year sentence.
Criminal law - Murder - Circumstantial evidence - Alibi raised late and disbelieved - Minor inconsistencies in witnesses do not vitiate conviction - Sentencing discretion; 27 years upheld as not manifestly excessive.
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14 October 2022 |
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Court upheld conviction and 27-year sentence, finding no error in disbelieving alibi; sentencing was appropriate.
Criminal Law - Murder - Alibi - Evaluation of evidence - Sentencing discretion - Mitigating and aggravating factors. Appeal dismissed
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14 October 2022 |
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Appellate court upheld a 20-year sentence for aggravated robbery, finding it neither harsh nor excessive given the circumstances.
Criminal Law - Aggravated Robbery - Sentencing discretion of trial courts - Consideration of mitigating factors in sentencing - Appellate court's review of sentencing.
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14 October 2022 |
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Appeal against 20-year sentence for aggravated robbery dismissed; sentence deemed appropriate and justified.
Criminal law - Aggravated Robbery - Sentencing discretion - Consideration of mitigating factors - Appropriate range of sentences.
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14 October 2022 |
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Appellate court will not disturb a deterrent aggravated robbery sentence when trial judge considered mitigating factors and remand time.
Criminal law – Aggravated robbery – Sentencing discretion – Mitigating factors and deduction of remand time – Appellate intervention only if wrong principle, material facts overlooked, or sentence manifestly excessive.
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14 October 2022 |
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High Court may revise and remit a magistrate’s erroneous acquittal entered without a proper trial; right to be heard remains mandatory.
Criminal procedure – Revision – High Court's supervisory jurisdiction under Sections 48 and 50 CPC and Judicature Act to correct material errors on face of record including erroneous acquittals entered without trial. Right to be heard – Section 50(2) CPC and Article 28(1) Constitution require affected accused be afforded opportunity to be heard in revision. Missing records – appellate court may proceed on partial record if sufficient material exists and no prejudice results
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12 October 2022 |
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7 October 2022 |
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Last‑seen plus DNA circumstantial evidence upheld conviction; sentencing quashed for failure to account remand and replaced with 23 years.
Criminal law – Circumstantial evidence and ‘last seen’ doctrine; DNA evidence – probative value and statistical significance; Post‑mortem by clinical officer – corroboration by other evidence; Sentencing – requirement to give reasons and to credit remand under Article 23(8); Appellate powers to substitute sentence.
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7 October 2022 |
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Appellate court upheld identification-based aggravated robbery convictions but reduced an excessive sentence to 13 years' imprisonment.
Criminal law – identification evidence – assessment of conditions (light, duration, proximity, prior acquaintance, distinguishing features) and caution against mistaken identity. Criminal law – aggravated robbery – sentencing discretion; appellate interference where sentence is illegal or manifestly excessive
Sentencing – use of precedents and Sentencing Guidelines (persuasive, not binding) to ensure consistency and proportionality. Appeal practice – appellate court’s duty to retry facts under COA Rules and make allowance for not having seen witnesses
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4 October 2022 |
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Trial judge unlawfully increased a plea‑bargained sentence; appellate court restored the agreed term minus remand.
Plea bargaining — court must accept plea bargain in full or reject it under Plea Bargain Rules; unilateral alteration of agreed sentence unlawful; rejected plea becomes void and matter must proceed to trial; appellate substitution of agreed sentence under Judicature Act; deduction of pre‑trial custody under Article 23(8).
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4 October 2022 |
| September 2022 |
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The Court of Appeal struck out the appeal for lack of jurisdiction, holding Court‑Martial Appeal Court decisions final under S.I. 307.
Appellate jurisdiction – creature of statute – Court of Appeal lacks jurisdiction to hear appeals where statute/regulation makes tribunal's decisions final. Military law – Court‑Martial Appeal Court – finality of decisions under S.I. 307 (Regulation 20). Procedural fairness – enhancement of sentence – notice and opportunity to be heard (raised but not decided). Jurisdiction to try civilians – raised but not determined
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28 September 2022 |
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The court held the applicant's 15-year prison term was not manifestly excessive and declined to interfere.
Criminal law – Sentencing – Murder – Appellate interference with sentencing discretion – Whether sentence is manifestly excessive – Application of Constitutional (Sentencing Guidelines) and consideration of aggravating and mitigating factors.
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28 September 2022 |
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Sentence for aggravated defilement was illegal for failing to deduct remand time; Court of Appeal re-sentenced to 20 years 6 months.
Criminal law – Sentencing – aggravated defilement – obligation to take into account remand period (Article 23(8)) – sentence passed without deducting remand unlawful – Court of Appeal may re-sentence under Section 11 Judicature Act – appellate interference only where sentence illegal or manifestly excessive.
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28 September 2022 |
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Sale of intestate land without letters of administration is void; damages reduced and estate administration referred to Family Division.
Succession law – sale of intestate property – sale without letters of administration is illegal, null and void. Equity and property – purchasers privy to illegality cannot be bona fide purchasers for value without notice where no title passed. Civil procedure – locus in quo visits are discretionary, not mandatory
Damages – general damages must be supported by evidence; appellate reduction justified where award is excessive
Interest – compensatory interest on general damages must be reasonable; commercial rates may be inappropriate. Administration of estates – grant of letters of administration and appointment/role of Administrator General to be processed by Family Division
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28 September 2022 |
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A purchaser at court sale acquires good title; alleged competing claims require a fresh suit, not review of execution orders.
Civil Procedure — Sale in execution — Effect of payment: purchaser acquires good title (Civ. Proc. Act ss.49–50)
Registration of Titles Act — Section 177: High Court may direct cancellation/substitution of entries as consequential relief after recovery of land
Review procedure — Order 46/section 82: non-parties may be "aggrieved" but must satisfy requirements and present cogent/new evidence; joining parties requires proper application
Remedies — Challenge to sale in execution or alleged fraud requires a fresh suit to set aside decree or pursue third-party claims, not review of execution orders
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28 September 2022 |
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The appeal against a 15 years 3 months sentence for aggravated defilement was dismissed; sentence not manifestly excessive.
Criminal law – Sentencing – Aggravated defilement – appellate interference limited to illegality, failure to exercise discretion, ignoring material considerations, or manifest excess; consideration of victim vulnerability and consistency with sentencing guidelines and precedent.
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28 September 2022 |
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Appellant estopped from recovering paid contractual compensation; fraud and negligence claims not established; appeal dismissed with costs.
Contract law – construction contracts – compensation events under Clause 44; estoppel by conduct where employer accepts and pays a compensation award; money had and received claim defeated by contractual acceptance; fraud and professional negligence not established where employer approved payment; appellate reappraisal of evidence in first appeal.
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28 September 2022 |
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Appeal dismissed: confession voluntary and combined circumstantial and forensic evidence upheld convictions for murder and aggravated robbery.
Criminal law – confession and voluntariness – trial‑within‑a‑trial; Circumstantial evidence and common intention – identification parades, recent possession and corroboration; Hearsay inadmissibility (chloroform claim) but not fatal where forensic and direct evidence prove cause of death; Search legality not raised at trial or in grounds — inadmissible on appeal without leave; Sentencing – differentiation justified (repeat offender) and within established range.
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27 September 2022 |
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Applicant failed to show due diligence or credibility for fresh valuation evidence; application to adduce additional evidence dismissed.
Appeal — Admission of additional evidence under Rule 30(1)(b) — Requirements: newness despite due diligence, relevance, credibility, probable influence, proof, absence of undue delay — Government valuer report — Possessory rights and compensation for property destroyed during eviction — Late procurement of evidence and failure to attach report fatal to application.
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16 September 2022 |
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Appellate court upheld the murder sentence, finding it not manifestly excessive and that mitigating factors were properly considered.
Criminal law – Sentencing – Murder – appellate interference with sentencing discretion – standards for interference: manifestly excessive or failure to consider material factors – mitigation (first offender, youth, family responsibilities) – remand credit – sentencing range for murder.
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16 September 2022 |
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16 September 2022 |
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Sentence for aggravated defilement set aside for incorrect remand credit and replaced with correct arithmetical deduction.
Criminal law – Sentencing – Remand credit under Article 23(8) must be specifically and arithmetically deducted – Failure to credit precise remand period renders sentence illegal; appellate court may set aside and substitute sentence. Sentencing for aggravated defilement – consistency principle and consideration of aggravating/mitigating factors
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16 September 2022 |
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Sentence set aside for failing to credit remand period; Court imposed adjusted term for aggravated defilement.
Criminal law – Sentencing – Aggravated defilement – Requirement to arithmetically credit remand period under Article 23(8) of the Constitution; appellate interference with sentence where trial court fails to take material consideration; sentencing consistency and fresh sentencing by Court of Appeal under section 11 Judicature Act.
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16 September 2022 |
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A person in possession in execution proceedings may depose to relevant affidavit without written authority; striking it out violated fair hearing.
Civil Procedure – Execution – Person in possession of immovable property in execution proceedings entitled to be heard; affidavit evidence admissible if within deponent’s knowledge; no written authorisation required for such deponent. Procedural law – striking out affidavit of person in possession inappropriate; treating matter as unopposed violated right to fair hearing (Art.28(1))
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16 September 2022 |
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Failure to deduct remand time from one of concurrent sentences did not render the overall sentence illegal.
Criminal law – Sentencing – deduction of remand period – effect on concurrent sentences; Plea bargaining – agreed sentences and judicial duty to take remand time into account; Appellate review – interference limited to illegal sentences and miscarriages of justice.
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16 September 2022 |
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Court upheld a 15‑year sentence for aggravated defilement, finding no illegality or manifest excess.
Criminal law – aggravated defilement – sentencing – appellate interference only for illegality, error in principle, failure to consider material factors or manifest excess; Article 23(8) – remand periods – Rwabugande arithmetic‑deduction rule not retrospective; Kizito Senkula approach (non‑arithmetical "taking into account") applicable to pre‑Rwabugande sentences; prior similar convictions and multiple victims as aggravating factors.
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16 September 2022 |
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Sentence was illegal for failing to credit remand; Court substituted an effective 15-year term.
Criminal law – Sentencing – Aggravated defilement – Constitutional requirement (Article 23(8)) to arithmetically credit time on remand – Failure to deduct remand period renders sentence illegal – Appellate powers under section 11 Judicature Act to substitute sentence.
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16 September 2022 |
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Imported rice held processed and taxable at 18% VAT; GATT complaint not allowed first raised on appeal.
Tax — Value Added Tax Act — definition of "unprocessed" and 5% value-added threshold — processed imported rice held taxable; Practice Note and VAT Amendment — effect on zero-rating — exemption under Second Schedule and EAC Customs Management Act; procedural rules for tax disputes (objection, Tax Appeals Tribunal, High Court); admissibility of new treaty-based arguments (GATT/WTO) on appeal — new points of law not previously pleaded/evidenced disallowed.
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16 September 2022 |
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Appellate court reduced an excessive 32-year term for aggravated defilement to 22 years 11 days after reviewing mitigating factors and precedent.
Criminal law – Sentencing – Aggravated defilement – appellate review for manifestly excessive sentence – aggravating factors (HIV status, large age gap) weighed against mitigating factors (first offender, age, family circumstances) – principle of consistency in sentencing – substitution of sentence under s.11 Judicature Act.
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16 September 2022 |
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No statutory right to appeal directly to High Court from VAT objection decision; appeal struck out for want of jurisdiction.
Tax procedure – VAT Act – objection decisions to Commissioner General must be appealed to Tax Appeals Tribunal (s.33C); appeals to High Court under s.33D are from Tribunal decisions only and are confined to questions of law; appeal is a creature of statute – decisions made without statutory appellate jurisdiction are nullities; failure to follow statutory route circumvents tribunal payment requirements and deprives courts of jurisdiction.
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16 September 2022 |
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Court reverses trespass ruling, recognizing equitable interest of heirs in contentious family property dispute.
Land Law – Trespass – Beneficiary rights – Equitable interest and entitlement in deceased's estate – Power of Attorney and authority scope.
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15 September 2022 |
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The appeal was withdrawn by consent with a settlement payment of Ushs 50,000,000 and each party bearing their own costs.
Civil procedure — Withdrawal by consent — Rule 94(3) Judicature (Court of Appeal) Rules — Court records consent withdrawal and gives effect to annexed settlement terms including payment and mutual release
Settlement — Compromise of appeal — Payment into solicitors’ account as full and final settlement — mutual release of claims
Costs — Parties agree to bear their own costs in consequence of consent withdrawal
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8 September 2022 |
| August 2022 |
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Convictions affirmed on recent-possession circumstantial evidence and discredited alibi; sentences reduced as manifestly excessive.
Criminal law – Circumstantial evidence; identification by single witness and identification parade; alleged police influence; doctrine of recent possession to infer participation in robbery and murder; alibi disproved by prison records; sentencing – parity, consistency and manifestly excessive sentences; appellate substitution under Judicature Act s.11.
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26 August 2022 |
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Respondents failed to strictly prove fraud or customary title; appellate court restored registered titles and removed caveat.
Land law – Registered title – Indefeasibility and fraud – Allegation of fraud must be proved strictly before cancelling a certificate of title; Customary/ancestral land – party asserting customary title must prove customs and instances of exercise; Transfer by gift – absence of payment not, of itself, evidence of fraud against transferee; Appellate review – first appellate court must reappraise evidence and may draw its own inferences.
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26 August 2022 |
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Court granted interim stay of High Court decree pending substantive stay application, finding lis pendens inapplicable.
Civil procedure – Interim stay of execution – Requirement of notice of appeal, substantive stay application and threat of execution – preservation of status quo. Civil procedure – Lis pendens (s.6 Civil Procedure Act) – Application dismissed where prior applications found concluded – abuse of process. Court of Appeal jurisdiction – power under Court rules to grant interim stays pending substantive applications and appeals
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26 August 2022 |
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Application for interim stay dismissed: no Notice of Appeal and no properly filed substantive application despite threat of execution.
Stay of execution — prerequisites: Notice of Appeal; substantive application properly filed and registered; serious threat of execution — Eccmis draft number not proof of filing; failure to satisfy mandatory conditions defeats interim stay.
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25 August 2022 |
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Interim stay denied where substantive application and threat existed but the Notice of Appeal was incompetent.
Civil procedure – Interim stay of execution – Requirements for interim stay: competent Notice of Appeal, substantive application pending, serious threat of execution – Competence of Notice of Appeal requires Registrar endorsement and proper service.
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25 August 2022 |
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15-year sentence for aggravated defilement upheld; remand period and mitigation were adequately considered.
Criminal law – Aggravated defilement – Sentencing – Article 23(8) Constitution – Period on remand to be taken into account – Timing of jurisprudential change on arithmetic deduction – Mitigating factors – Appellate restraint on sentence interference.
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24 August 2022 |
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Stay granted for fine but committal to imprisonment not stayed for lack of notice of appeal and overtaken events.
Contempt of court – social-media disparagement – stay of execution pending appeal; Court of Appeal jurisdiction under rule 6(2)(b) requires notice of appeal; Gashumba criteria for stay (likelihood of success, irreparable harm, balance of convenience, promptness); admissibility of supplementary affidavits requires leave; right to be heard and recusal applications considered by trial judge.
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19 August 2022 |
