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Citation
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Judgment date
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| December 1992 |
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Plaintiff had standing, but disputes of fact and alleged willful default by executors made originating summons under Order 34 inappropriate.
* Civil procedure – Originating summons (Order 34) – appropriate only for matters of construction or pure law and simple disputes; not suitable where complex factual issues or allegations of willful default by administrators arise.
* Locus standi – beneficiary/devisee under a will has standing to apply under Order 34(1).
* Res judicata and functus officio – functus officio inapplicable; res judicata requires same parties, same subject matter and finality and did not apply here.
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21 December 1992 |
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Court grants parents guardianship for infant's property sale when it's beneficial to children's welfare.
Infant guardianship – Sale of property – Welfare of infants – Power of High Court to appoint guardians and control estates.
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18 December 1992 |
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Appeal allowed: unexplained locus visit, unsworn evidence and improper admission of title deed prejudiced the appellant; retrial ordered.
* Civil procedure – magistrates’ jurisdiction – when a Magistrate Grade I may act on evidence recorded by a Magistrate Grade II; locus in quo visits and proper reception of evidence.
* Evidence – reception of exhibits – requirement for formal tendering and opportunity for cross-examination before admitting title deeds.
* Land law – Magistrate may try disputes involving registered land but cannot order cancellation/rectification of certificate of title.
* Procedural fairness – unsworn evidence and unexplained deviation from trial record may vitiate judgment.
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17 December 1992 |
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Juvenile sentence for escaping lawful custody quashed for procedural errors and legal non-compliance.
Criminal law – young offenders – imprisonment of juvenile – procedural errors in plea handling.
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15 December 1992 |
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7 December 1992 |
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Revision of illegal sentencing order in an assault case clarifying acceptable punishment options under Ugandan law.
Criminal Law - assault occasioning actual bodily harm - sentencing - legality of fine and imprisonment options.
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7 December 1992 |
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Where a grant of probate is unsealed, a late caveat does not automatically defeat the petition; ownership disputes must be litigated separately, and probate may be granted with restrictions.
Succession law – probate and administration – caveats against grant of probate – effect of delay in lodging a caveat where grant not yet sealed – scope of court’s inquiry at probate stage limited to validity and execution of will; ownership disputes to be litigated separately – improper consolidation of related suits does not bar probate.
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3 December 1992 |
| November 1992 |
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Sentencing for petty theft reduced where magistrate misdirected himself and failed to consider mitigating factors.
Criminal law – Sentencing – Misconduct in sentencing where magistrate relies on facts not on record; failure to consider mitigating factors (first offender, guilty plea, remand time) – Excessive sentence for petty theft – Reduction of sentence.
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30 November 1992 |
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Court may proceed despite IGG investigations, but pleadings challenging IGG investigations are barred and struck out.
* Administrative law – Inspector General of Government (IGG) investigations – s.14 non-justiciability of IGG investigations; s.7(1)(c)(v) investigative mandate. * Constitutional/administrative interaction – s.12(2) preserves courts’ jurisdiction and prevents IGG from questioning judicial decisions or matters sub judice. * Civil procedure – striking out pleadings that impermissibly challenge statutory investigations.
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30 November 1992 |
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26 November 1992 |
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26 November 1992 |
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26 November 1992 |
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18 November 1992 |
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A without‑prejudice settlement letter may be struck from the plaint, but a plaintiff may join uncertain defendants under Order 1 r.7.
* Civil procedure – "without prejudice" correspondence – settlement negotiations privileged and inadmissible unless consent – striking privileged document from pleadings.
* Civil procedure – Pleadings – sufficiency of plaint – removal of privileged annexure does not necessarily deprive plaint of cause of action.
* Civil procedure – Joinder – Order 1 rule 7 permits joinder of multiple defendants when plaintiff is in doubt as to proper defendant.
* Civil procedure – Preliminary objections – factual disputes (e.g., venue/origin of cause) are matters for trial, not for summary striking out of plaint.
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14 November 1992 |
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Plaintiff succeeds in detinue claim; court awards Shs. 623,000, costs and interest for converted/damaged property.
* Detinue – conversion and damage to chattels – identification of items and valuation by market enquiry; mitigation of loss; estoppel as to company representative; RCII jurisdiction over conversion disputes.
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13 November 1992 |
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5 November 1992 |
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Application to set aside execution warrants dismissed where execution was completed and procedural irregularities were not fatal.
Civil procedure – execution of arbitration awards and consent judgments; whether execution warrants tainted by procedural irregularity or fraud can be set aside; court’s power under section 101 Civil Procedure Act to set aside orders as abuse of process; mootness where execution already carried out; consequences of ambiguous consent orders regarding determination by independent experts.
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5 November 1992 |
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5 November 1992 |
| October 1992 |
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28 October 1992 |
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Bail pending appeal granted because non-frivolous grounds and delay risk constituted exceptional circumstances.
* Criminal procedure – Bail pending appeal – s.217 Magistrates Courts Act – requirement of exceptional circumstances; * Effect of guilty plea – s.216(3) MCA – limitations on appeal; * Penal Code s.4/s.87(b) – whether employee of public company is a public officer; * Delay and risk of appeal becoming nugatory as basis for bail.
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23 October 1992 |
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22 October 1992 |
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Petitioner acquired Ugandan domicile; respondent’s adultery proved and Divorce Decree Nisi granted, no costs.
Divorce law – jurisdiction – domicile of choice acquired by foreign resident; Recognition of foreign marriage; Adultery – proof by admission and circumstantial evidence; Condonation and cessation of cohabitation; Decree Nisi granted.
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22 October 1992 |
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A court may cancel a fraudulently obtained certificate of title where a prior purchaser’s equitable title and possession are proven.
* Land law – Registration of Titles – Equitable title and vesting orders (s.175) – long possession and purchase money as basis for equitable interest.
* Fraudulent acquisition of Letters of Administration and of registered title – certificate of title declared void.
* Civil procedure – Service irregularities and defective interlocutory judgments – substantive hearing permitted under O.9 R.8 and R.10; defective interlocutory orders set aside.
* Remedies – cancellation of certificate of title, damages, costs, and referral to DPP for criminal investigation.
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22 October 1992 |
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A respondent’s certificate of title obtained by fraud can be cancelled and the applicant’s equitable title protected.
Registration of title procured by fraud — equitable title under s.175 Registration of Titles Act — procedural irregularities in service and interlocutory entries — s.184 and protection of registered proprietors does not bar relief for fraud — cancellation of fraudulent certificate; damages, costs and referral to DPP.
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22 October 1992 |
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13 October 1992 |
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2 October 1992 |
| September 1992 |
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25 September 1992 |
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Application to reinstate applicant as a shareholder in company register dismissed due to lack of evidence.
Company Law – Rectification of Company Register – Shareholding Evidence – Insufficient Proof of Shareholder Status
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25 September 1992 |
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25 September 1992 |
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Fraudulently obtained letters of administration vitiate subsequent land transfer; court ordered cancellation and injunction.
Land law – gift inter vivos and continuous possession – effect on title; Probate and Administration – validity of letters of administration; Fraud – vitiation of grants and subsequent transfers; Registrar of Titles – court power to cancel title obtained by fraud; Pleading and proof of fraud in civil proceedings.
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24 September 1992 |
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23 September 1992 |
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A Grade III magistrate lacked jurisdiction to grant bail after a Grade I refusal; the bail order was set aside and remitted to the Chief Magistrate.
* Criminal procedure – Bail – Jurisdiction of magistrates – s.74(2) Magistrates Courts (Amendment) Act, Act 4 of 1985 – only Chief Magistrate may grant bail where lower court has refused. * Magistrates’ supervisory powers – s.233(1) Magistrates Courts Act 1970 – supervisory powers vested in Chief Magistrate; improper for Grade I Magistrate to exercise such powers. * Procedural irregularity – unlawful bail order set aside and matter remitted to Chief Magistrate.
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23 September 1992 |
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Transfers without required ministerial consent were void ab initio; plaintiffs entitled to rents and vacant possession.
Land law – Mailo/registered land – Transfers of lease interests – Requirement of prior written ministerial consent under the Land Transfer Act – Effect of absence of consent: transfer void ab initio; Limitation – whether actions to recover land/rent time-barred; Re-entry and registration – effect of Registrar’s entry where transferrals void; Remedies – arrears of ground rent, future rents, vacant possession, nominal trespass damages, costs with interest.
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22 September 1992 |
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18 September 1992 |
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Whether the respondent’s by‑laws formed part of the applicant's employment contract and whether the termination letter validly ended employment.
Employment law – contract of employment – incorporation of association/by‑laws into employment contract – articles/by‑laws do not bind non‑members absent express incorporation; Cooperative Societies Act – Registrar approval and Minister’s power under s.85(2) – scope; remedy for wrongful termination – declaration and injunction vs damages.
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14 September 1992 |
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11 September 1992 |
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8 September 1992 |
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Applicant charged with murder granted bail due to serious illness and low flight risk despite lack of formal medical‑board certificate.
Criminal procedure – Bail for an accused committed for trial under S.14A – requirement of “exceptional circumstances” – grave illness (medical‑board certificate) and remand length – adequacy of medical evidence and assessment of flight risk.
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7 September 1992 |
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Daytime single-witness account of violent rape held sufficient for conviction despite absence of medical evidence.
* Criminal law – Rape – Sufficiency of uncorroborated single-witness identification evidence where familiarity, daylight and sufficient duration exist; lack of medical evidence not necessarily fatal. * Evidence – Corroboration and assessment of inconsistencies; prompt complaint and disturbed scene as supporting factors. * Sentencing – Seriousness, deterrence and public health considerations balanced against youth, first-offender status and remand time.
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7 September 1992 |
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Application for temporary injunction struck out because supporting affidavit’s key statements on information and belief lacked disclosed sources.
Civil procedure – temporary injunction – preliminary objections – omission of civil suit number – vernacular documents without translations – affidavits on information and belief must disclose information source – incurably defective affidavit warrants striking out application – Order 37 (injunctive relief).
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2 September 1992 |
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2 September 1992 |
| August 1992 |
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Whether a lethal stabbing in domestic provocation amounted to murder or manslaughter given sole eyewitness identification.
Criminal law – Homicide: murder vs manslaughter; burden of proof beyond reasonable doubt; reliability of sole eyewitness identification; proof of cause of death without post-mortem; provocation and heat of passion.
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25 August 1992 |
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High Court set aside ex parte judgments due to defective service and procedural irregularities, restraining land development pending trial.
* Civil Revision – Ex parte judgments – Defective service and defective affidavit of service – Irregular exercise of magistrate jurisdiction – Ex parte orders set aside.
* Procedure – Competence of service by messenger – Necessity of proper service and hearing before entering judgment.
* Interim relief – Restraint on surveying or developing disputed land pending final determination.
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20 August 1992 |
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No agreed price — quantum meruit governs; the payment made was reasonable and the plaintiff’s balance claim failed.
Contract – quantum meruit – services rendered without agreed price; reasonableness of fee; 30% of CIF charge unsupported by evidence; client’s provision of civil works and assistance; claim dismissed.
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14 August 1992 |
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Circumstantial evidence must exclude innocence; here it did not and the accused was acquitted.
Criminal law – Murder – Circumstantial evidence – Burden to exclude every reasonable hypothesis of innocence – Witness credibility – Non-production of exhibits and absence of weapon – Medical evidence indicating multiple assailants – Acquittal.
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14 August 1992 |
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A newspaper’s description of the plaintiff as "disorganised" and a "buffoon" was defamatory; damages awarded.
Defamation — Libel; publication of false statements about a public official; distinction between statements capable and not capable of defamatory meaning; malice and aggravation (refusal to apologise and subsequent defamatory publications); assessment of damages for libel involving a public figure.
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12 August 1992 |
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Employer vicariously liable for its driver’s negligence; plaintiff awarded special and general damages with interest and costs.
• Motor-vehicle collision — vicarious liability — employer responsible for servant/driver’s negligence; driver convicted of reckless driving. • Damages — proof of special damages for spares, repairs and transport — partial reduction for delay and lack of detailed particulars. • Interest — special damages awarded to carry high contractual/penal interest from filing; general damages and taxed costs to carry court rate interest from judgment.
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4 August 1992 |
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4 August 1992 |
| July 1992 |
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Court refuses summary judgment on rent arrears pending resolution of jurisdiction under the Electricity Act; each party to bear own costs.
Limitation — applicability to rent arrears; Electricity Act — Sections 37 and 56 and ouster of court jurisdiction; necessity of evidence to classify installations as falling under statutory powers; refusal of summary judgment where jurisdictional issue is unresolved.
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20 July 1992 |
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Respondent’s bidding/sale claims struck out for no cause of action; interim order (25/5/92) vacated; tenancy issues to proceed to trial.
Civil procedure — striking out pleadings for want of a cause of action — pleadings must allege agency where a bidder is said to act for a plaintiff; Interim orders made without hearing adverse party — such orders may lapse and be vacated if time-limits are not complied with; Tenancy disputes and succession in title — factual issues to be resolved at trial.
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16 July 1992 |