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Citation
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Judgment date
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| December 2023 |
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Extension of time granted for appeal due to counsel error; injunction refused as damages are ascertainable and balance disfavouring applicant.
* Civil procedure — Extension of time to appeal — Rule 5 Court of Appeal Rules — mistake by advocate as sufficient reason. * Civil procedure — Interim injunction — requirements: prima facie case, irreparable harm, balance of convenience — liquidated sums and possession by third parties defeat injunction. * Change of advocates — notice lodged with Registrar confers audience before court absent proof of prejudicial non‑service.
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22 December 2023 |
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Stay of execution refused where appeal lacked prospects, no irreparable harm shown, and applicant failed to offer security.
* Civil procedure – Stay of execution pending appeal; requirements: promptness, likelihood of success, irreparable harm/substantial loss, balance of convenience, security for due performance.
* Allegation of forgery/fraud insufficient where based on denial only and no new evidence was available on appeal.
* Failure or unwillingness to provide security and lack of cogent evidence of irreparable harm weigh against grant of stay.
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7 December 2023 |
| November 2023 |
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Petition withdrawn; costs awarded due to lack of respondent consent and concurrent legislative amendment. Nominal fees only.
Constitutional law – withdrawal of constitutional petitions – costs following the event upon withdrawal without consent from all parties.
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30 November 2023 |
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29 November 2023 |
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29 November 2023 |
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29 November 2023 |
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29 November 2023 |
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29 November 2023 |
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28 November 2023 |
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15 November 2023 |
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Termination under section 65(1)(a) need not be supported by reasons or a hearing if statutory notice or payment in lieu is given.
Employment law – Termination v. dismissal – s.65(1)(a) Employment Act – no requirement for reasons or hearing for termination under s.65(1)(a); payment in lieu satisfies notice; pleadings requirement – unpleaded remedies cannot be granted; general, aggravated and exemplary damages – limits and justification; Court of Appeal jurisdiction on points of law on Industrial Court appeals.
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15 November 2023 |
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Termination of employment doesn't require a reason if notice or payment in lieu is provided under Uganda's Employment Act.
Employment Law – Termination – Contract termination requires no reason if notice or payment in lieu is provided; Damages – reliance on pleadings for specific awards such as severance and loans.
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15 November 2023 |
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Appellate court upholds convictions and sentences for murder, finding no miscarriage of justice despite procedural irregularities.
Criminal Law – Murder – Legal procedure for guilty pleas – Evidence admission – Harshness of sentencing – Adequacy of legal defense.
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10 November 2023 |
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Appellate court upheld murder convictions and sentences despite procedural and evidentiary objections, finding no miscarriage of justice.
Criminal law – plea-taking procedure (Adan requirements) and failure of justice; Evidence – admissibility of confessions and s.30(b) unavailable‑author exception; Electronic evidence and fingerprints – foundation, expertise and retrospective inapplicability of 2022 Practice Directions; Ineffective assistance of counsel — when alleged failings do not amount to miscarriage of justice; Sentencing – consistency, sentencing guidelines and appellate restraint.
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10 November 2023 |
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Appeal against a plea-bargained 19-year murder sentence dismissed; plea agreement upheld and sentence confirmed.
* Criminal law – Plea bargaining – Validity and binding effect of plea-bargain agreements under the Judicature (Plea Bargain) Rules, 2016.
* Sentencing – Appellate interference – Court may only interfere where sentence is illegal, based on wrong principle, overlooks material factor, or is manifestly excessive.
* Mitigation – consideration of age, first-offender status, remorse and time on remand in sentencing for murder.
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10 November 2023 |
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Appellate court properly re-evaluated evidence, rejected an unreliable translated parish judgment, upheld respondent's possession title and damages.
Land law – appellate duty to re-evaluate evidence; admissibility and credibility of documentary evidence (translated Parish Chief judgment); proof of ownership on balance of probabilities via long occupation, loan and redemption; damages for trespass – review on manifest excessiveness.
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10 November 2023 |
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Appellants’ convictions upheld; sentence corrected to deduct remand period; compensation order for vehicle sale sustained.
Criminal law – murder and aggravated robbery – convictions upheld despite minor inconsistencies where corroborated; Evidence Act s.29 – information by co-accused leading to discovery admissible; identification and charge-and-caution statement admissible and corroborated; Sentencing – remand period (Article 23(8)) must be arithmetically deducted; Compensation – sale of vehicle used to facilitate crime permissible.
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10 November 2023 |
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A valid plea-bargained sentence was upheld but reduced six months for failure to credit full pre-trial remand.
* Criminal law – Plea bargain – Validity and procedure – Parties’ agreement binding where properly explained and voluntary – Appellate court’s limited scope to interfere. * Sentencing – Deduction of pre-trial remand – Trial court must accurately credit time spent on remand; appellate adjustment permissible for arithmetic error.
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10 November 2023 |
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Failure to credit remand custody under Article 23(8) rendered the sentence illegal and warranted resentencing by the appellate court.
Constitutional law – Article 23(8) – remand credit; Criminal law – sentencing discretion; illegality of sentence where remand not credited; appellate power under Judicature Act s.11 to substitute sentence; sentencing consistency and consideration of mitigating/aggravating factors.
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9 November 2023 |
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Appeal against aggravated defilement conviction and 30‑year sentence dismissed; conviction and sentence affirmed.
Criminal law – Aggravated defilement – Identification and credibility of victim’s testimony – Medical evidence (HIV status) admitted by agreement – No proof of transmission – Sentencing discretion – 30 years not manifestly excessive.
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9 November 2023 |
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Conviction based on single-witness identification and an effective 15 years 9 months sentence upheld; appeal dismissed.
Criminal law – Aggravated robbery – Single identifying witness – identification principles and caution – evaluation of contradictions – identification parade not always fatal – sentencing discretion – mitigation and remand deduction.
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9 November 2023 |
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An 18‑year murder sentence was confirmed where remand time and mitigating factors were considered and sentence not manifestly excessive.
Criminal law – Sentencing – Murder – appellate review of sentence; deduction of remand time; mitigation and aggravation; when appellate court may interfere.
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9 November 2023 |
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The appellant’s murder conviction upheld; sentence reduced and two years’ remand credit applied.
Criminal law – Identification evidence – factors for correct identification (lighting, duration, distance, prior familiarity); Dying declaration – corroborative value; Alibi – duty to account for material time; Sentencing – appellate interference where sentence is manifestly excessive and remand credit miscalculated.
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9 November 2023 |
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Plea-bargain sentence is illegal if the court fails to deduct remand time under Article 23(8).
* Criminal law – Aggravated robbery – Sentence – Plea bargain – Court must comply with Article 23(8) by deducting period spent on remand; failure renders sentence illegal. * Plea bargaining – Judicature (Plea Bargain) Rules – parties must consult court on sentencing recommendations; court must satisfy itself on matters of law and fact. * Appeal – appellate court may set aside illegal sentence and substitute appropriate sentence under Judicature Act s.11.
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9 November 2023 |
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Appellate court reduced an excessive aggravated‑defilement sentence, deducted two years' remand, resulting in an 18‑year term.
Criminal law – Aggravated defilement – Sentencing – Whether sentence harsh or excessive; failure to deduct pre‑trial remand; Article 23(8) requirement for definite sentences; appellate reappraisal and sentencing consistency; aggravating factor of HIV‑positive status.
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9 November 2023 |
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Confession lawfully admitted and corroborated; alibi rejected and sentence upheld for child-sacrifice murder.
Criminal law – admissibility of confession – voluntariness and recording by competent officer; circumstantial corroboration of confession; alibi defence – burden and plausibility; sentencing – child sacrifice as aggravating factor and appellate restraint on sentence interference.
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9 November 2023 |
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Appeal against rape convictions dismissed on evidential grounds; sentence reduced from 50 to 30 years (credit for remand).
Criminal law — Rape — Identification parades: rules and proper conduct; Evidence — contradictions and inconsistencies: minor discrepancies vs. grave contradictions; Hearsay — contemporaneous/excited reports in sexual offences admissible; Evidence Act ss.30 & 45 — tendering medical reports by witness familiar with author; Trial-within-a-trial — required only where voluntariness of confession is clearly contested; Sentence — appellate reduction where original sentence manifestly excessive.
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9 November 2023 |
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Appellate court confirmed sentence for aggravated defilement, finding remand deducted and sentence not excessive.
* Criminal law – Sentencing – Appellate interference limited to illegality, wrong principle, failure to consider material factor, or manifest excessiveness. * Sentencing – Deduction of remand time – Article 23(8) constitutional requirement and need for arithmetic deduction. * Aggravated defilement – Relevant aggravating factors: victim’s age, abuse of position, public/degrading manner of offence. * Mitigation – Guilty plea, remorse and remand period may mitigate but may be outweighed by aggravation.
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8 November 2023 |
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Conviction for aggravated defilement upheld; sentence reduced to account for remand, substituted at 17 years 10 months.
* Criminal law – aggravated defilement – conviction based on identification by a single child witness and corroboration by parent – conditions favouring correct identification.
* Criminal procedure – alibi – prosecution duty to disprove alibi once raised – assessment of genuineness and supporting proof.
* Sentencing – failure to deduct remand period renders sentence illegal – appellate court may substitute a lawful sentence.
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8 November 2023 |
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Appellate court reduced an excessive aggravated‑defilement sentence, substituting a lower term and awarding remand credit.
* Criminal law – Aggravated defilement – Sentencing – appellate review of sentence for manifest excessiveness. * Sentencing principles – aggravating and mitigating factors – first offender status and family responsibilities. * Remand credit – deduction of time spent on remand. * Judicial powers – Section 11 Judicature Act enabling substitution of sentence on appeal.
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8 November 2023 |
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Appellate court upheld aggravated defilement conviction and 10-year sentence, finding evidence and identification sufficiently proved.
Criminal law – Aggravated defilement – Ingredients: age, disability, sexual penetration, accused’s participation – Evidence: single identifying witness, medical report, corroboration and Section 156 of the Evidence Act – Pleading compliance (Rule 66(2)) – Sentencing: appellate interference and sentencing guidelines.
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8 November 2023 |
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Plea-bargain valid and voluntary; absence of assessors not fatal; remand deducted; sentence upheld; appellant was an adult.
Criminal law – Plea bargaining – Requirement that charge and factual basis be explained in a language accused understands; voluntary plea and signature formalities; Assessors – mandatory only where trial follows plea of not guilty; Sentencing – remand deduction and guiding principles for interference; Juvenile offenders – proof of age required to trigger child procedures.
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8 November 2023 |
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Appellate court reduced manifestly excessive 35-year sentence for aggravated defilement and deducted remand period.
Criminal law – aggravated defilement; sentencing – deduction of remand period and non-retrospectivity of Rwabugande; appellate powers under s.11 Judicature Act to correct and substitute sentence; mitigation (guilty plea, first offender) versus aggravation (victim’s age, HIV exposure).
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7 November 2023 |
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Appeal dismissed: prosecution evidence and medical report disproved alibi; conviction and sentence for aggravated defilement upheld.
* Criminal law – Aggravated defilement – conviction can rest on truthful single victim and corroborative eyewitness evidence. * Evidence – inconsistencies: minor discrepancies do not necessarily undermine prosecution case. * Defence of alibi – accused need only raise it; prosecution must discredit it. * Age determination – uncontested medical evidence can establish age for trial; documentary parental evidence may be outweighed. * Sentencing – appellate interference only where wrong principle or manifestly excessive sentence.
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7 November 2023 |
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The appellant's rape conviction and 20-year sentence were upheld; minor inconsistencies did not undermine the prosecution's case.
Criminal law – Rape – Assessment of contradictions and inconsistencies in victim and medical testimony; minor discrepancies excusable after delay and do not necessarily undermine conviction; Defence rejected as improbable; Sentencing – 20 years’ imprisonment upheld, remand time deducted.
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7 November 2023 |
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Sale by a beneficiary of an undivided estate upheld where seller had capacity and administrator was estopped from denying the sale.
Land law – sale of beneficial interest in undivided estate; capacity to contract – lucidity periods and proof; administrator’s role – trustee vs beneficiaries; estoppel/acquiescence validating a transaction; specific performance as remedy for land; caveat to remain until transfer; costs and interest discretionary.
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2 November 2023 |
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A beneficiary’s sale of his beneficial interest is enforceable where the seller had capacity and the administrator acquiesced; specific performance ordered.
Land law – Sale by beneficiary of beneficial (equitable) interest; Capacity to contract – lucid intervals and contractual capacity despite intermittent mental illness; Succession law – letters of administration v beneficial interest; Estoppel/acquiescence by administrator; Specific performance – remedy for sale of land; Caveat – retained until transfer.
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2 November 2023 |
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Child's identification and medical corroboration upheld; sentence reduced due to improper aggravating factors and remand credit.
Criminal law – Aggravated defilement – Identification by child victim; corroboration by medical report (PF3) – Proof of identity where victim familiar with accused; Sentencing – appellate interference where trial judge relied on unproven aggravating factor (alleged HIV status) and improperly treated denial as lack of remorse – credit for time on remand; Sentence reduction for manifest excessiveness.
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2 November 2023 |
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Applicants' challenge to a 30-year murder sentence and respondent's bid for life imprisonment were dismissed.
Criminal law – Murder – Sentence – Appellate interference with sentencing – appellate court will only alter sentence where wrong principle, overlooked material factor, or sentence manifestly excessive or unduly lenient; sentencing discretion; remand credit correctly applied.
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2 November 2023 |
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Instruction fees for a suit dismissed on a preliminary point are taxable by reference to the plaint value; Taxing Master’s discretion is limited.
* Civil procedure – taxation of costs – instruction fees – Sixth Schedule item 1(a)(iv) – valuation from plaint where suit dismissed on preliminary point of law. * Advocates Act s.55(3) – taxing officer’s discretion – limited by Advocates (Remuneration and Taxation of Costs) Regulations. * Whether dismissal on limitation is a 'decree' for taxation purposes. * Relief – refund of monies paid under bank guarantee where certificate of taxation later set aside; exercise of judicial discretion.
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2 November 2023 |
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A vague ground was struck for non-compliance with rules and a 32-year murder sentence was upheld as not manifestly excessive.
* Criminal appeal — procedural compliance — Rule 66(2) — specification of grounds; * Appellate review — duty to re-evaluate evidence as first appellate court; * Sentencing — exercise of judicial discretion — mitigating factors; * Murder — 32-year sentence not manifestly excessive; * Principle of consistency in sentencing.
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1 November 2023 |
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Failure to read back facts before accepting a guilty plea did not cause miscarriage of justice; life sentence upheld.
Criminal law – plea-taking procedure – reading charge and facts to accused – Adan guidance – Trial on Indictments Act s.139 – procedural omissions curable if no miscarriage of justice; Criminal law – murder – aggravating/mitigating factors – life imprisonment appropriate for premeditated, brutal killing with concealment of body.
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1 November 2023 |
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Conviction on changed plea upheld despite plea‑taking omission; life sentence for gruesome, premeditated murder affirmed.
Criminal procedure – plea-taking – omission to read facts/ingredients before accepting guilty plea – whether omission causes miscarriage of justice; Trial on Indictments Act s.139 – curative provision for procedural errors; Sentencing – life imprisonment for premeditated, brutal murder – appellate interference only if manifestly excessive.
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1 November 2023 |
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Old market land held to be Government land by long possession and excluded from respondent’s claimed title.
Land law – unregistered land – possession and limitation – long possession (Limitation Act) can vest ownership against a paper owner; bona fide occupant status on unregistered land; admissibility/tendering of cadastral maps; appellate reappraisal of evidence; unnecessary determination of counterclaim once title resolved by limitation.
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1 November 2023 |
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Long, uninterrupted possession by local authorities converted the market land into Government land, excluding it from the estate's claimed title.
Land law – ownership of unregistered land – long possession and limitation; admissibility and weight of oral evidence and hearsay; need to tender cadastral/survey maps in evidence; first appellate reappraisal of evidence.
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1 November 2023 |
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An out-of-time appeal against a Section 34 ruling was struck out; no extension was granted and costs awarded.
* Arbitration law – Section 34 applications to set aside arbitral awards – no general right of appeal under the Arbitration and Conciliation Act absent parties' agreement (s.38).
* Civil procedure – time limits for instituting appeals – Rule 83 (institution within 60 days) and Rule 82 (striking out out-of-time appeals).
* Civil procedure – extension of time – Rule 5 requires a formal application showing sufficient cause; informal requests from the bar are insufficient.
* Contempt/public policy allegations raised but not determined after strike-out for lateness.
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1 November 2023 |
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An out-of-time appeal against refusal to set aside an arbitral award was struck out; extension of time denied and costs awarded.
Arbitration law – Section 34 applications to set aside awards; right of appeal against Section 34 rulings; Court of Appeal Rules – institution of appeals and time limits; Rule 5 discretion to extend time; Rule 82 application to strike out out-of-time appeals; public policy/contempt allegations not determinative where procedural non-compliance exists.
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1 November 2023 |
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Conviction for rape upheld; procedural defects found non-prejudicial, but 60-year sentence reduced as manifestly excessive.
Criminal law — Right to fair hearing — right to cross-examine prosecution witnesses; Evidence — requirement of oath and weight of unsworn evidence; Trial on Indictments Act s66 — memorandum of agreed matters and admissibility of documents; Criminal procedure — summing up to assessors (s82) and missing records; Sentencing — appellate interference where sentence is manifestly excessive.
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1 November 2023 |
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Conviction upheld; procedural omissions did not vitiate trial, but 60-year sentence reduced to 35 years (remand credit).
* Criminal procedure – right to cross-examine – omission to record oath – whether failure to swear witness or misrecording occasioned miscarriage of justice. * Evidence – documents admitted at preliminary hearing – memorandum of agreed matters – effect of non-filing. * Criminal procedure – summing up to assessors – missing summing-up notes and effect on trial. * Sentencing – discretion of trial court – manifestly excessive sentence – appellate reduction.
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1 November 2023 |
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Vague ground of appeal struck out; 32-year murder sentence upheld as not manifestly excessive.
Criminal law – Appeal – Compliance with Rule 66(2) – specificity of grounds of appeal; Appellate duty to re-evaluate evidence; Sentencing discretion – manifestly excessive test – mitigation and consistency in murder sentences.
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1 November 2023 |
