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Citation
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Judgment date
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| June 2023 |
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26 June 2023 |
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Application for injunction to restrain national vehicle tracking system dismissed for lack of irreparable harm; balance of convenience favoured State.
Interlocutory relief; temporary injunction — prima facie case, irreparable harm, balance of convenience; public interest litigation; data surveillance/ITMS; effect of injunction on substantive appeal.
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26 June 2023 |
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Conviction for aggravated defilement quashed where prosecution failed to prove identity beyond reasonable doubt.
Criminal law – Sexual offences – Identity of perpetrator – Sufficiency of circumstantial evidence; identification via hearsay from a non-testifying child; admissions alleged to third parties – voluntariness and proof – Failure to call key witnesses and police records; adverse inference – Conviction quashed where identity not proved beyond reasonable doubt.
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20 June 2023 |
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Appeal against murder convictions dismissed; identification by a single credible witness upheld and sentences reduced to 33 years after remand credit.
Criminal law — Identification evidence — Sole identification witness — Caution required but permissible where circumstances (familiarity, lighting, proximity) favour correct identification; Dying declaration — corroborative role; Alibi — requirement to raise early and be credible; Sentence — appellate interference only for illegality, manifest excess or overlooked material, remand credit.
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20 June 2023 |
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An affidavit by an English‑illiterate deponent lacking the statutory translation certificate is incurably defective, rendering the application incompetent and dismissed.
Illiterates' Protection Act – mandatory certificate of translation for affidavits by illiterate deponents – non‑compliance renders affidavit inadmissible; evidence cannot be amended post‑filing; absence of admissible supporting affidavit renders application incompetent under Court of Appeal Rules 43 and 44.
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19 June 2023 |
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Appeal against sentence: remand credit lawfully considered (pre‑Rwabugande), but sentence reduced for lack of consistency with sentencing guidelines.
Criminal law – aggravated robbery – sentencing – constitutional requirement to account for remand (Article 23(8)) – temporal effect of Rwabugande decision – requirement of consistency with sentencing guidelines – commencement of sentence (s.106 TIA) – appellate substitution of sentence.
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16 June 2023 |
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Appellate court reduced a manifestly excessive aggravated robbery sentence, deducted remand time, and imposed an appropriate term.
* Criminal law – Aggravated robbery – sentencing principles – appellate review where trial court’s sentence manifestly excessive or wrong in principle. * Sentencing – requirement to account for remand period under Article 23(8) and Sentencing Guidelines – deduction of remand time. * Consistency in sentencing – importance of considering comparable appellate authorities. * Appellate powers – section 11 Judicature Act authorizes imposition of appropriate sentence on appeal.
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16 June 2023 |
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Victim identification at night upheld; original sentence set aside and replaced with 14 years 7 months imprisonment.
Criminal law – Rape – Identification by victim at night; reliability of single identifying witness; alibi defence – duty to consider defence; appellate resentencing where trial sentencing notes missing – invocation of Judicature Act s.11; deduction of remand time.
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16 June 2023 |
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Appellant's alibi was not disproved; weak hearsay evidence made the murder conviction unsafe and it was quashed.
Criminal law – Murder – Sufficiency of evidence – alibi defence – prosecution duty to negative alibi; hearsay versus direct/circumstantial evidence; standard of proof beyond reasonable doubt; appellate reappraisal of evidence; sentence set aside as consequential to quashed conviction.
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12 June 2023 |
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Alibi and repudiated confession did not raise reasonable doubt; conviction upheld but sentence reduced for youth and remand credit.
* Criminal law – aggravated defilement – conviction on circumstantial evidence and identification by a child victim; corroboration and proof beyond reasonable doubt.
* Evidence – alibi – prosecution’s duty to destroy an alibi by placing accused at scene; alibi rejected where contradicted by credible evidence.
* Evidence – repudiated/retracted confession – trial-within-a-trial to determine voluntariness; confession may sustain conviction if court is satisfied of its truth after scrutiny.
* Sentencing – appellate interference – reduction where sentence manifestly harsh or material factors (age) not properly considered; Children's Act implications for age determination.
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12 June 2023 |
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Failure to deduct remand time renders plea-bargain sentences illegal; appellate court may correct under section 11.
Criminal law – Plea bargaining – sentences agreed by parties generally not open to challenge for severity; Constitutional and sentencing obligation to deduct remand time – Article 23(8) and Sentencing Guidelines – failure to deduct renders sentence illegal; Appellate correction under section 11 Judicature Act to set aside illegal sentence and re-fix terms.
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12 June 2023 |
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Conviction for aggravated defilement upheld; life sentence set aside and replaced with 18 years less 3 years 7 months remand (14 years 5 months).
Criminal law – Aggravated defilement – proof of age of victim (medical evidence, witness testimony, parental evidence) – offender’s HIV-positive status – sentencing: life imprisonment set aside as excessive and substituted with determinate term; remand deduction ordered.
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12 June 2023 |
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Dying declaration corroborated by flight and inconsistent alibi; conviction upheld and sentence reduced to 17 years 6 months.
Criminal law – Murder – Dying declaration – Corroboration by conduct and circumstantial evidence; Alibi – rejection where inconsistent with witness evidence; Sentence – appellate reduction for youth, first‑offender status and remand time.
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12 June 2023 |
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Conviction quashed because trial court sat with unsworn/non‑participating assessors, rendering proceedings a nullity.
Criminal procedure – Trial on Indictments Act (secs. 3, 65, 67) – Assessors must be chosen and sworn at commencement; assessor who did not hear evidence cannot lawfully render opinion – Improperly constituted court – Jurisdictional defect – Nullity – Section 34(1) Criminal Procedure Code Act not curative – Stay of prosecution where prolonged detention undermines right to speedy trial.
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12 June 2023 |
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Failure to mathematically deduct remand time under Article 23(8) renders a sentence illegal, requiring resentencing.
Constitutional law – Article 23(8) – mandatory mathematical deduction of remand period when sentencing; Criminal law – sentencing discretion – appellate interference where sentence is illegal for failure to take into account remand period; Section 11 Judicature Act – power to resentence on appeal.
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8 June 2023 |
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8 June 2023 |
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7 June 2023 |
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7 June 2023 |
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Appellate court upholds aggravated defilement conviction and sentence; evidence and sentencing found adequate.
Criminal law – Aggravated defilement – Adequacy of evidence – Identification of accused – Sentencing discretion.
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7 June 2023 |
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7 June 2023 |
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7 June 2023 |
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7 June 2023 |
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6 June 2023 |
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6 June 2023 |
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6 June 2023 |
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6 June 2023 |
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6 June 2023 |
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Court grants stay of execution pending appeal but requires additional UGX 50,000,000 security and prompt filing of the memorandum of appeal.
Court of Appeal – stay of execution pending appeal – identity/misnomer – notice of appeal and memorandum – delay – discretionary terms and security for costs.
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2 June 2023 |
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Court granted interim stay of execution pending determination of pending stay application and appeal to prevent injustice.
Civil procedure – interim stay of execution – criteria: valid notice of appeal; pending substantive application; imminent threat of execution; conditional stay lapses for non‑compliance; Court’s inherent power under Rule 2(2) to grant interim relief.
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2 June 2023 |
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Court upheld conviction and 30-year sentence for aggravated defilement, dismissing appeal for procedural and sentencing challenges.
Criminal Law – procedure – plea taking – sentencing – aggravated defilement – adequacy of legal representation during plea – principles of sentencing and remand time consideration.
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1 June 2023 |
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Appeal dismissed; the court upheld a 15-year sentence for murder, finding no error in remand calculation or sentencing. chef
Criminal Law – Sentencing – Consideration of remand period – Mitigating factors in determining sentence appropriateness.
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1 June 2023 |
