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Citation
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Judgment date
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| December 1993 |
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Specific-performance claim not time-barred; cause of action accrued on defendant's 1990 refusal, suit within limitation.
Limitation Act Cap 70 – section 4(1)(a) and section 4(6) – exception for specific performance; section 6 – 12-year limitation for recovery of land; accrual of cause of action; preliminary objection decided on plaint and annexures; administrator suing as successor in title.
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30 December 1993 |
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23 December 1993 |
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Defendant vicariously liable for collision; plaintiff awarded repair costs plus limited loss-of-use and general damages, with costs and interest.
* Tort — Negligence — Road traffic collision — Motor vehicle entering main road from adjacent road — Vicarious liability of owner for driver’s negligence.
* Quantum — Special damages — Proof of repair costs by receipt; admissibility and challenge to garage receipt.
* Damages — Loss of use/loss of earnings — duty to mitigate; claimant must prove reasonable repair period to recover full non-use damages.
* Remedies — Award of repair costs, limited loss-of-earnings, general damages for inconvenience, costs and interest.
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22 December 1993 |
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Substituted service and written demand were held effective; default-decree set-aside application dismissed with costs.
Civil procedure – application to set aside default decree – effectiveness of substituted service by publication; contract law – guarantee – requirement of written demand; frustration – absence from jurisdiction not grounds for discharge; creditor remedies and execution; action against principal and guarantor.
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21 December 1993 |
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21 December 1993 |
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20 December 1993 |
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Whether Uganda applies the English Matrimonial Causes Act and how the three‑year waiting rule operates in Uganda.
• Conflict of laws – reception of English matrimonial law – whether reception date locks in English law or the law as currently applied in England; application of Matrimonial Causes Act 1950 to Uganda subject to local circumstances.
• Family law – three‑year waiting rule for divorce petitions; proviso permitting leave for exceptional hardship or depravity; scope for flexibility where marriage has irretrievably broken down.
• Civil procedure – appealability and timeliness – late procedural challenges to trial magistrate’s ruling are barred.
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20 December 1993 |
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Court referred whether election rules restricting campaigning breach Articles 8, 17, 18 and 20 of the Constitution to Constitutional Court.
Constitutional law – Election rules – Whether provisions restricting public campaigning and regulating candidates’ meetings contravene freedoms of expression, assembly and association and non-discrimination (Articles 8, 17, 18, 20) – Reference to Constitutional Court under Article 87 and Rule 3(2).
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14 December 1993 |
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Whether specified Constituent Assembly Election Rules infringe fundamental rights and require referral to the Constitutional Court.
Constitutional procedure – referral under Article 87 and Rule 3(2) – whether trial court must refer substantial questions of constitutional interpretation to Constitutional Court; Constitutional rights – freedom of expression, assembly and association (Articles 8, 17, 18) and non-discrimination (Article 20) – challenge to election rules limiting campaigning and meetings; sufficiency of affidavits to ground a reference.
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14 December 1993 |
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Whether Constituent Assembly Election Rules unlawfully curtail freedoms of expression, assembly, association and political participation.
Constitutional law — Reference under Article 87 and Rule 3(2) — When a trial court must refer substantial constitutional questions to the Constitutional Court — Challenge to election rules for incompatibility with Articles 8, 17, 18 and 20 (freedoms of expression, assembly, association and protection from discrimination).
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14 December 1993 |
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Complainant’s credible identification and rejected alibi proved robbery; absence of weapon use meant conviction for simple, not capital, robbery.
Criminal law – Robbery – Identification evidence of a single witness – Alibi – Rejection of alibi where identification and circumstances corroborate presence – Capital robbery requires use or threat of deadly weapon during the offence – Indictment particulars must describe property (S.23(c)(i) Trial on Indictment Decree, 1971) – Police/investigative failures do not necessarily defeat properly corroborated prosecution evidence.
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13 December 1993 |
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Slight provocation can reduce an accused's liability from murder to manslaughter despite use of a deadly weapon.
* Criminal law – Homicide – proof beyond reasonable doubt that accused caused death; assessment of eyewitness credibility. * Murder – malice aforethought can be inferred from use of a deadly weapon and wounds to vulnerable parts. * Provocation – where present it may reduce murder to manslaughter. * Evidence – minor inconsistencies do not necessarily destroy witness credibility when other corroboration exists.
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10 December 1993 |
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Whether close-range identification and recent possession overcame missing witnesses and investigative lapses to prove capital robbery.
* Criminal law – Capital robbery – identification by a single witness observed at close range – reliability despite absence of formal parade and public exposure.
* Evidence – recent possession of stolen property – recovery of victim’s clothes and iron shortly after the robbery supports inference of guilt.
* Evidence – effect of missing/uncalled witnesses and investigative shortcomings – adverse but not necessarily fatal where overall evidence is cogent.
* Defence – alibi and alleged torture – accused bears no burden to prove alibi; such claims must be assessed against entire evidence.
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8 December 1993 |
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No prima facie case; insufficient evidence to connect the second accused to murder, robbery and attempted murder.
Criminal law – no‑case‑to‑answer submission; standard: whether a reasonable tribunal could convict if accused said nothing; identification evidence; insufficiency of evidence to connect co‑accused not identified by victim.
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7 December 1993 |
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Circumstantial evidence raising suspicion cannot sustain a murder conviction where a reasonable alternative hypothesis exists.
* Criminal law – Murder – essential ingredients: death, unlawful causation, causation by accused, malice aforethought. * Circumstantial evidence – conviction only where facts are inconsistent with innocence and exclude all reasonable alternative hypotheses. * Reasonable doubt – mere suspicion, however strong, insufficient to convict; benefit of doubt where a third party’s involvement is plausible.
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6 December 1993 |
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Victim’s age and unlawful intercourse proved, but insufficient forensic linkage to convict accused of defilement; convicted of attempt to defile.
* Criminal law – Defilement – Elements: proof of sexual intercourse, age under 18, unlawfulness and identity. * Evidence – Medical opinion – weight limited where conventional procedures not followed. * Evidence – Corroboration – eyewitness account and victim credible but need for forensic linking evidence. * Proof beyond reasonable doubt – suspicion insufficient to convict on full offence; conviction for attempt where applicable.
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6 December 1993 |
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Applicants failed to prove respondent's negligence; applicants' driver found negligent and claim dismissed with costs.
* Tort – Negligence – Motor vehicle collision – Burden of proof and standard of proof – preference of consistent defence evidence over uncorroborated plaintiff testimony. * Evidence – Res ipsa loquitur – not applicable where defendant offers a reasonable explanation. * Civil procedure – non‑appearance – dismissal of claim under Order 19 Rule 19.
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3 December 1993 |
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Section 1 notice under Act 20 of 1969 not required for Article 22(1) constitutional rights applications; S.I. No.26/1992 governs procedure.
Constitutional procedure – Article 22(1) jurisdiction for enforcement of fundamental rights – Article 22(5) rule‑making power – Section 1, Civil Procedure and Limitation (Misc. Provisions) Act 1969 inapplicable to Article 22 applications – validity and sufficiency of statutory notice – Fundamental Rights and Freedoms (Enforcement Procedure) Rules 1992 (S.I. No.26 of 1992).
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2 December 1993 |
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Amendment of a notice of motion under Order 6 r18 allowed despite delay where no prejudice or falsity was established.
Civil Procedure – Amendment of pleadings – Notice of motion treated as pleading under Civil Procedure Act – Order 6 Rule 18 – Amendments to be freely allowed before hearing if no injustice – Delay and alleged false affidavit not fatal where not shown to prejudice or where affidavit is unchallenged.
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2 December 1993 |
| November 1993 |
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Creditor’s acceptance of a third party’s undertaking to pay a judgment debt constituted novation, defeating later execution.
Execution – attachment and sale of movables; third-party undertaking to pay judgment debt; novation where creditor accepts substitution; decree rendered incapable of execution; distinction from mere adjustment under O.19 r.2(2).
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29 November 1993 |
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The accused convicted of murder; court rejected self-defence, defence of property and provocation, imposing death sentence.
Criminal law – Murder – Proof beyond reasonable doubt – Post-mortem and eye-witness evidence establishing cause of death; Intention/malice aforethought inferred from repeated use of a deadly weapon on vulnerable parts; Defences – Self-defence, defence of property and provocation examined and rejected where force was excessive, disproportionate and deliberate.
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29 November 1993 |
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Robbery and a capable firearm were proved, but inadmissible confessions and insufficient linking evidence produced acquittal of the accused.
* Criminal law – Aggravated robbery – elements: theft, use/threat of deadly weapon, identity of accused. * Evidence – admissibility of cautioned statements – non‑compliance with statutory rules (cross‑examining during recording; language requirements) renders statements inadmissible. * Evidence – weapon capability – practical testing by experienced armoury officer can prove capacity to discharge bullets. * Circumstantial evidence – recent possession requires clear linking evidence to stolen goods to support conviction.
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26 November 1993 |
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Accused convicted of defilement: victim under 18; sexual intercourse proven despite medical evidence and cultural defence rejected.
Criminal law – Defilement (s.123(1)) – proof of age – corroboration of complainant in sexual offences – medical evidence (intact hymen) not determinative – customary forced marriage practices not a defence.
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25 November 1993 |
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Court appointed joint guardians and imposed safeguards for sale and management of an infant’s land to protect educational interests.
Guardianship of infant’s estate – Section 9 Judicature Act – appointment and control of guardians; sale of land registered in minor’s name – Court approval and safeguards; Public Trustee cannot be joint trustee; proceeds to be banked and applied to infant’s education; half‑yearly reporting to Court.
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24 November 1993 |
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24 November 1993 |
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23 November 1993 |
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Plaintiff failed to prove State placed occupiers on his land; claim against the State for trespass and damages was dismissed.
Property law – surrender of lease by endorsement and effect on reversion; possession and trespass; state liability for occupiers placed on private land; evidential burden to prove governmental agency or direction for occupation; appropriate remedy for repossession where title is undisputed but occupiers are unauthorised.
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10 November 1993 |
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Whether a local agent can be held liable for late delivery when the contract was with a foreign supplier.
Contract formation – offer by pro-forma invoice and acceptance by opening irrevocable letter of credit; Agency – local agent as intermediary does not incur contractual liability absent evidence of agreement or agency to contract; Privity of contract – liability lies with contracting party (foreign supplier) not with mere facilitator; Special damages – must be strictly and cogently proved; Estimates of delivery time not contract promises.
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5 November 1993 |
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Local agent not liable where contract was with foreign manufacturer and claimed special damages were unproven.
Contract law – formation (offer, acceptance, consideration) – privity of contract; Agency – local agent's assistance/indent transmission does not make agent a contracting party; Delivery delays – statements of expected delivery times are informational unless contracted; Damages – special damages require strict, cogent proof.
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5 November 1993 |
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5 November 1993 |
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Allegations of fraud in a counterclaim must include specific particulars (facts, dates, sums) or be struck out.
Pleadings — Allegation of fraud — Order 6 r.2 Civil Procedure Rules requires particulars (facts, dates, sums) when claiming fraud or misrepresentation; vague allegations like "tricks and strategies" insufficient to disclose cause of action; failure to particularise fraud is a fundamental defect justifying striking out; costs awarded to successful preliminary objector.
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5 November 1993 |
| October 1993 |
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28 October 1993 |
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Temporary injunction granted to prevent eviction pending trial where applicant showed prima facie case and imminent irreparable harm.
* Civil Procedure – Interim injunction – Requirements: prima facie case, probability of success, irreparable harm, balance of convenience.
* Service – Dispensing with service and ex parte hearing where immediate risk of eviction would cause serious prejudice.
* Property law – Alleged agreement of sale and long possession as basis for equitable interest in land pending trial.
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26 October 1993 |
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26 October 1993 |
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22 October 1993 |
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20 October 1993 |
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18 October 1993 |
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The court evaluates and rules on breach of contract and proper remuneration in a subcontractor agreement.
Contract Law – breach of contract – determination of liability – adequacy of performance and remuneration evaluation under subcontractor agreements.
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18 October 1993 |
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12 October 1993 |
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Civil Remedies|Injunctions and interdicts|Family Law|Matrimonial Property Law
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7 October 1993 |
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Accused convicted of attempted defilement and defilement of two girls; sentenced to concurrent terms of imprisonment.
* Criminal law – Sexual offences – Defilement and attempted defilement under section 123 – elements: victim’s age, carnal knowledge, unlawfulness, identity. * Evidence – Child complainants’ sworn testimony and need for corroboration; medical evidence as corroboration. * Sentencing – discretion not to impose death despite defilement conviction.
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7 October 1993 |
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6 October 1993 |
| September 1993 |
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Whether a caveat should be continued pending final disposal of an appeal and whether the Registrar must be joined.
* Registration of Titles Act s.149 – caveat – application for removal – continuation of caveat pending appeal. * Joinder – Registrar of Titles properly joined in s.149 proceedings. * Procedure – summons (chamber summons) required under s.149, wrong use of Notice of Motion noted but did not defeat relief. * Equitable interest – protection of security interest by maintaining caveat. * Costs – each party to bear own costs.
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27 September 1993 |
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Whether a caveat should be continued pending appeal and whether the Registrar must be joined in section 149 RTA proceedings.
Registration of Titles Act s.149 – caveat – continuation pending appeal; Joinder of Registrar of Titles as party; Procedural form (Chamber Summons v Notice of Motion) – irregularity not fatal; equitable interest as ground for maintaining caveat.
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27 September 1993 |
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Civil Procedure|Conduct of proceedings|Preliminary Objections
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15 September 1993 |
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15 September 1993 |
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On revision the court set aside an excessive default sentence and substituted the lawful one-month default imprisonment.
Criminal law – sentencing – default imprisonment for unpaid fines – statutory maximum under s.192(d) Magistrates Courts Act – illegality of excessive default sentence – revisional correction.
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9 September 1993 |
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2 September 1993 |
| August 1993 |
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30 August 1993 |
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26 August 1993 |