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Citation
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Judgment date
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| April 2023 |
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The appellants’ murder convictions and 25-year sentences were upheld; identification and malice were proved beyond reasonable doubt.
Criminal law – Murder: elements (death, unlawful act, malice aforethought, participation) – Identification evidence at night – Alibi – Competence and corroboration of post-mortem evidence – Sentencing discretion and guidelines; proportionality and consistency.
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28 April 2023 |
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The applicants’ murder convictions were upheld on credible familiar-witness identification and corroborating circumstantial evidence.
Criminal law – murder; identification evidence – single-witness caution; familiarity and lighting as favourable conditions; corroboration by voice and conduct; circumstantial evidence (flight); sentencing – discretion, proportionality and uniformity.
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28 April 2023 |
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Appeal rejecting challenges to identification and sentence; conviction and murder sentences upheld.
Criminal law – Identification evidence – single/multiple eyewitnesses – caution where conditions unfavourable; corroboration by circumstance and conduct; joint enterprise/section 20 liability; sentencing – appellate interference only if illegal, wrong principle or manifestly excessive; role of appellate court in re-evaluating evidence.
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28 April 2023 |
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Failure to arithmetically deduct remand time under Article 23(8) renders a sentence illegal; appellate court substituted and deducted remand.
Criminal law – Sentencing – Article 23(8) Constitution – Mandatory arithmetic deduction of remand period – Failure to ascertain/deduct remand renders sentence illegal – Appellate substitution of sentence for murder – Sentencing consistency and mitigation factors.
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28 April 2023 |
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A defective, unsigned, undated trial judgment is a nullity, so conviction and sentence were set aside and a retrial ordered.
Criminal procedure – Trial on Indictments Act s86(1) – requirement for written judgment containing points for determination, decision and reasons – failure to date/sign judgment and to state reasons renders trial irregular/nullity; mandatory s82(1) duty to sum up to assessors; retrial in interests of justice where original trial defective; double jeopardy not engaged where no valid judgment pronounced.
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28 April 2023 |
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Dying declaration corroborated by identification and post-mortem; remand-credit method not retroactive; conviction and 35-year sentence upheld.
Criminal law – murder – dying declaration admissibility and need for corroboration; identification evidence and circumstantial proof; sentencing – effect of pre-trial remand under Article 23(8) and non-retrospectivity of Rwabugande approach; consistency in sentencing under guidelines.
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28 April 2023 |
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Appeal dismissed: convictions upheld; arson sentence reduced to reflect remand time; plea-taking omission not fatal.
Criminal law – Aggravated robbery – proof of theft, violence and deadly weapons; Identification – Abdulla Nabulere factors and caution; Arson – wilful setting of fire and proof of participation; Sentencing – deduction of remand time (Art.23(8)); Plea-taking – omnibus not guilty plea and harmless omission.
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28 April 2023 |
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28 April 2023 |
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Applicant failed to prove likelihood of success, irreparable harm or timely prosecution; stay of execution dismissed and costs awarded.
Civil procedure – stay of execution v. temporary injunction – correct procedural regime: Judicature (Court of Appeal) Rules Directions. Requirements for stay of execution – likelihood of success/prima facie case, irreparable harm or nugatory appeal, balance of convenience. Evidential requirement – affidavits must plead and exhibit Notice of Appeal, decree, grounds or draft memorandum to show prospects of success. Time computation – effect of Christmas vacation on filing period; respondent must prove excluded days when alleging lateness. Delay and failure to prosecute appeal negatively impact entitlement to protective relief
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28 April 2023 |
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Application for interim stay struck out for failing to state grounds as required by Rule 43; costs awarded.
Civil procedure – Court of Appeal – Rule 43(1) – requirement that motions state grounds – non-compliance renders application incompetent; Article 126(2)(e) of the Constitution – substantive justice vs. procedural technicalities – not a licence to ignore mandatory rules; interim stay of execution – discretion preserved but procedural requirements mandatory; abuse of court process – considered but application struck out for procedural non-compliance.
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27 April 2023 |
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Court ordered stay of execution with a bank guarantee pending substantive application decision.
Civil procedure - Ex parte proceedings - Validity of service - Bank guarantee as security for due performance of decree.
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25 April 2023 |
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Stay of execution granted pending appeal where applicants showed prima facie case, risk of eviction and irreparable harm.
Civil procedure – Stay of execution/temporary injunction pending appeal – jurisdiction of single Justice of Appeal – principles: prima facie case/likelihood of success, irreparable injury, balance of convenience
Land/tenancy – subsisting equitable lease, risk of eviction, business disruption as grounds for injunctive relief
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25 April 2023 |
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17 April 2023 |
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Court declared mortgage void for lack of spousal consent, affirming appellant’s marital status and limiting Mortgage Act discretion.
Appeals – competence under section 66 CPA; Family/matrimonial land – spousal consent mandatory under Land Act; Mortgage Act s34–36 – court’s review powers but discretion limited by mandatory statutory protections; Proof of Muslim marriage – cohabitation and consummation evidence may suffice; Admissibility – valuation report evidence inadmissible hearsay if not sworn by the surveyor; Fraudulent statutory declaration undermines mortgagor’s credibility; Nullification of mortgage justified where matrimonial home mortgaged without spouse’s consent.
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14 April 2023 |
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Application for interim injunction dismissed as abuse of process for omitting consent judgment and protecting property not subject of the appeal.
Civil procedure – interim injunction – abuse of court process by omission of material facts; injunction cannot protect property not subject of the appealed order; costs against party and advocate for misleading the court.
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13 April 2023 |
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Failure to deduct pre-trial remand time renders a sentence illegal; appellate court may re-sentence accordingly.
Criminal law – Sentencing – Failure to account for remand period under Article 23(8) renders sentence illegal; Appellate court’s duty to reappraise and re-sentence under s.11 Judicature Act; Murder sentencing range and consideration of aggravating and mitigating factors
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9 April 2023 |
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Court granted interim stay and injunction preventing sale of mortgaged property pending appeal and substantive stay application.
Civil procedure — Interim relief — Stay of execution and interim injunction — Conditions: notice of appeal, substantive application, and imminent threat of execution — Extraction of decree and auction advertisement as sufficient threat — Mortgage Regulations 2012 (Reg.13(1)) inapplicable to interim injunction restraining sale — Court’s inherent power to preserve status quo.
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6 April 2023 |
