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Citation
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Judgment date
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| December 1994 |
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5 December 1994 |
| November 1994 |
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Applicant granted leave to amend plaint to correct defendant’s name; court declined to decide time-bar or statutory notice now.
Civil procedure – Order 6 Rule 18 – Amendment of pleadings; Correction of misnamed party – Genuine mistake not misleading; Amendment not introducing new cause of action; Interlocutory application – Court will not decide limitation or statutory-notice disputes without pleaded allegations or evidence; Costs in the cause.
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18 November 1994 |
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High Court finds military remand lawful; habeas corpus dismissed and it cannot order the military court to grant bail.
* Habeas corpus — inquiry into lawfulness of detention under Judicature Act; return showing charges and remand by General Court Martial. * Military jurisdiction — General Court Martial empowered to try service offences under NRA statute. * Detention delays — statutory reporting and petition remedies (reports after 7 days, petition after 23 days, release after 90 days); detention under 90 days not automatically unlawful. * Civilian interference — High Court cannot direct military court to grant bail.
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15 November 1994 |
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Writ of Habeas Corpus application dismissed due to lawful detention under General Court Martial jurisdiction.
Habeas Corpus - military detention - jurisdiction of military courts - procedural delay in charging detainee
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15 November 1994 |
| October 1994 |
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An out‑of‑time appeal was admitted because ex parte taxation and non‑notification deprived the appellant of knowledge, constituting good cause.
Civil Procedure Act s.80(1)(b) – time limit for appeals – proviso permitting admission of out‑of‑time appeals on good cause; Taxation of costs – ex parte taxation and failure to notify party; Knowledge of order – arrest as means of discovery; Admission of late appeal.
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26 October 1994 |
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26 October 1994 |
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Court appointed the natural mother as guardian of her infant's property for welfare enhancement.
Guardianship – appointment of guardian – infant's welfare paramount – property management for minor's benefit.
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21 October 1994 |
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Expropriated Properties Act applies; purchaser’s compensation must be calculated under section 11(4).
Expropriated Properties Act 1982 – applicability to properties of departed Asians including Ugandan citizens who abandoned management – sale by D.A.P.C.B. nullified by s.1(2)(a); Government liability under s.11(3) to compensate purchaser; compensation to be calculated by statutory formula in s.11(4) despite inflationary shortcomings.
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21 October 1994 |
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21 October 1994 |
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20 October 1994 |
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Plaintiff’s claim for unpaid cotton and travel expenses dismissed for failure to prove indebtedness at formal proof.
Contract — Sale of goods (cotton) — Proof of debt in default judgment/formal proof — necessity of documentary evidence (delivery notes, statement of account) — recoverability of special damages (transport/subsistence).
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20 October 1994 |
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Deposit of title created an equitable mortgage but lack of registration rendered it unenforceable, so foreclosure was refused.
Equitable mortgage by deposit of certificate of title; section 138 RTA; requirement to register mortgage under RTA/Decree 17/74; unenforceability of unregistered mortgages; foreclosure and sale; evidentiary weight of bank records and power of attorney.
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19 October 1994 |
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Liberty|HR
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12 October 1994 |
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12 October 1994 |
| September 1994 |
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Prosecution proved defilement of a 15‑year‑old by the accused; medical and eyewitness evidence corroborated conviction and 12‑year sentence.
Criminal law – Defilement (s.123(1) Penal Code) – Elements: penetration, complainant under 18, identity of accused; corroboration by medical evidence; evaluation of minor inconsistencies; direct and circumstantial evidence; burden of proof beyond reasonable doubt.
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30 September 1994 |
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Registrar validly entered judgment in uncontested summary suit under O.46 r.2; extension of time to appeal denied for undue delay.
Civil Procedure – Order 46 r.2 CPR – Registrar may enter judgment in uncontested cases; Order 46 r.8 – appeal to High Court; summary procedure (Order 33) – effect of default; extension of time to appeal – discretion, undue delay and finality of litigation.
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23 September 1994 |
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Court finds accused guilty of defiling his daughter, emphasizing integrity of witness evidence and societal protection.
Criminal law – Defilement – Identification of perpetrator – Corroboration of child witness evidence – Sentencing in sexual offences.
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23 September 1994 |
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22 September 1994 |
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Contradictory identification evidence and mere suspicion failed to establish a prima facie case of murder; accused acquitted.
Criminal law – No case to answer – identification evidence – contradictions and unreliability of witnesses – prima facie case – suspicion from a grudge insufficient to ground charge.
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8 September 1994 |
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7 September 1994 |
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Domestic plaintiff’s lack of assets alone does not justify ordering security for costs before litigation proceeds.
Civil procedure – Security for costs – Requirement ordinarily for plaintiffs resident abroad or lacking assets within jurisdiction – Domestic company carrying on business locally not prima facie liable to give security – Poverty is not a ground for security for costs.
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7 September 1994 |
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Appellate court reduced an excessive 12-month sentence for obtaining goods by false pretences, finding the plea valid despite recording irregularity.
Criminal law – Obtaining goods by false pretences – Sentence – Excessive sentence – Mitigating factors (first offender, guilty plea, amount involved, remorse) – Plea recording irregularity under s.122(2) Magistrates Courts Act cured by acceptance of facts.
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7 September 1994 |
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7 September 1994 |
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Plaintiff injured by defendant’s vehicle; claim dismissed for failure to prove the driver was the defendant’s servant or agent.
* Motor-vehicle accident – liability – vicarious liability requires proof driver was servant or agent of owner; burden on plaintiff under Evidence Act.
* Negligence – driver driving on pavement — failure to exercise reasonable care.
* Evidence – admissibility of medical report not annexed to plaint where existence is clear and referred to in pleadings (CPR r14/18; authorities).
* Damages – special damages must be strictly proved; general damages indicated but not awarded due to lack of liability.
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7 September 1994 |
| August 1994 |
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Certiorari denied where statutory nationality preference and no proven illegality, bias, or hearing defect in appointment process.
Judicial review – certiorari – administrative appointments by statutory university bodies; advertised qualifications as guidance not mandatory; statutory priority for citizens in appointments; requirement of proof for allegations of bias or discrimination; administrative (not quasi-judicial) nature of interviews.
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30 August 1994 |
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23 August 1994 |
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22 August 1994 |
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Court refused interim relief where many named plaintiffs denied authorising the suit; hearing adjourned sine die.
Civil procedure – temporary injunction – interlocutory relief contingent on existence of a properly instituted suit; plaintiffs’ authority to sue disputed – suit allegedly instituted without authority; court declined to grant interim order and adjourned hearing sine die.
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22 August 1994 |
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Plaintiff proved a sale contract, recovered the price, damages, interest at court rates and costs after defendant failed to rebut delivery evidence.
* Contract of sale – tender and acceptance – delivery notes as evidence of receipt. * Burden of proof – shifting obligation where defendant alleges forgery/absence of signatory. * Sale of Goods Act – claim for price under Section 49. * Damages for breach – foreseeability (Hadley v Baxendale). * Interest – appropriate court rates versus contractual/excessive rates.
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16 August 1994 |
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Accused acquitted where contradictory, unreliable identification and witness evidence failed to establish a prima facie case.
Criminal law – No-case submission – sufficiency of evidence – identification evidence – contradictions and inconsistencies – effect of passage of time – standard for prima facie case (Ramanlal T. Bhatt v. R).
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15 August 1994 |
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Accused acquitted where identification was doubtful despite proof that murder and aggravated robbery occurred.
Criminal law – Murder and aggravated robbery – Proof beyond reasonable doubt – Identification evidence at night – need for corroboration and reliability – malice inferred from use of firearm – post‑mortem not essential to prove death.
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15 August 1994 |
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Court found complainant unreliable, confession questionable and corroboration inadequate, so prosecution failed to prove rape beyond reasonable doubt.
* Criminal law – Rape – Credibility of complainant’s evidence – contradictions and intoxication affecting reliability; corroboration required where necessary. * Evidence – Charge and caution statement – voluntariness and admissibility; retraction/repudiation and its weight. * Corroboration – absence of physical exhibits and weak lay corroboration undermining prosecution case. * Consent – effect of complainant’s intoxication on issue of consent.
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15 August 1994 |
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Prosecution failed to prove rape beyond reasonable doubt due to an unreliable complainant, doubtful confession and inadequate corroboration.
* Criminal law – Rape – Credibility of complainant – Material contradictions undermining testimony – Corroboration cannot cure intrinsically untruthful evidence. * Evidence – Confession/charge and caution statement – admissibility after trial‑within‑a‑trial and weight of confession where possibly retracted or inconsistent. * Evidence – Corroboration – absence of key exhibits and unreliable witness accounts limits probative value.
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15 August 1994 |
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Acquittal where complainant's testimony and a retracted police confession were found unreliable, leaving the prosecution without proof.
* Criminal law – Rape – ingredients: unlawful carnal knowledge, lack of consent, identity of accused – necessity of proof beyond reasonable doubt.
* Evidence – Credibility of complainant – contradictions, intoxication and effect on reliability.
* Evidence – Corroboration – limits where primary witness is not intrinsically credible.
* Evidence – Confessions – charge-and-caution statements, retracted/repudiated confessions and requirement for independent satisfaction of truth (s.24 Evidence Act; authorities cited).
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15 August 1994 |
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Prosecution proved theft and use of a gun but failed to prove accuseds’ participation beyond reasonable doubt, leading to acquittal.
* Criminal law – Aggravated robbery – Elements: theft, use of a deadly weapon, participation of accused. * Identification evidence – Night-time identification, intoxication, contradictory accounts, need for caution. * Confession evidence – Repudiated confession, prosecution must prove authenticity and surrounding circumstances; insufficient proof negates evidential value. * Co-accused statements – Require independent corroboration before being acted upon to convict another accused. * Exhibits/recoveries – Non‑production or unexplained chain of custody weakens prosecution case. * Burden of proof – Remains on prosecution throughout; doubts resolved for accused.
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15 August 1994 |
| July 1994 |
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An oral, informal application for leave to appeal to the Supreme Court offended Order 40 r.4 CPR and was dismissed as incompetent.
Civil procedure – Appeal with leave – Order 40 r.4 CPR requires applications for leave to appeal to be by motion on notice to the court that made the order; informal oral applications are incompetent – Rule 59 Court of Appeal rules inapplicable to validate defective High Court applications – mandatory procedural rule.
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28 July 1994 |
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Licence-holder deprived by municipal re-entry entitled to compensation; grantee must surrender title or pay shs.13,500,000 with interest.
Property law – municipal re-entry of licensed land – failure to give reasonable notice; Registration of Titles Act – conclusive certificate subject to constitutional protection against deprivation of property; entitlement to compensation for improvements; remedy: surrender of title or monetary compensation with interest and costs.
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26 July 1994 |
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Invalidity of the will led to appointment of Administrator General for estate administration.
Succession Law - validity of a will - incompetence in probate application - recognition of marital status under Islamic law - administration of estate by Administrator General.
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25 July 1994 |
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Prosecution failed to establish a prima facie case for murder and aggravated robbery; accused discharged under section 71(1) T.I.D.
Criminal law – No case to answer – sufficiency of prosecution evidence – prima facie case – identification of recovered property – alleged confession – discharge under s.71(1) T.I.D.
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22 July 1994 |
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Court refused the applicant's belated application to adduce further evidence after both sides had closed their cases.
* Evidence — order and examination of witnesses — sections 133, 135, 136 Evidence Act — procedure for calling witnesses and examination in chief, cross-examination and re-examination.
* Civil procedure — Order 16 r.12 — court’s power to call witnesses of its own motion where neither party objects.
* Trial practice — belated application to adduce fresh evidence after close of both cases — procedural impropriety and risk of opening new issues; need for counsel to be prepared.
* Documentary evidence — uncertified photocopies and identification of witnesses to authenticate visa/work permit evidence.
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21 July 1994 |
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Confession corroborated but absence of proof of a functional weapon reduced aggravated robbery to simple robbery.
Criminal law – Robbery: distinction between aggravated and simple robbery; requirement to prove a deadly weapon (functional gun) for aggravated robbery; retracted confession admissible if voluntary and requires corroboration; identification weaknesses can be cured by corroborated confession; common intention (s.22) liability for co-perpetrators.
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20 July 1994 |
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20 July 1994 |
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Uncorroborated complainant testimony, compounded by contradictions and lack of medical evidence, was insufficient to convict for defilement.
* Criminal law — Defilement — Elements: unlawful sexual intercourse, complainant under 16, identity of accused. * Evidence — Sexual offences — Danger of convicting on uncorroborated complainant testimony; need for independent corroboration where available. * Evidence — Witness reliability — Contradictions and unexplained discrepancies can negate corroboration. * Evidence — Medical evidence — Absence of prompt/convincing medical evidence weighs against prosecution in sexual offence cases. * Procedure — Prima facie case requires accused to answer but is distinct from proof beyond reasonable doubt.
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20 July 1994 |
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Prosecution failed to prove defilement beyond reasonable doubt due to unreliable witnesses and lack of corroborative medical evidence.
* Criminal law – Defilement (sexual intercourse with a girl under 18) – requirement of proof beyond reasonable doubt – corroboration of complainant’s evidence in sexual offences – reliability of witnesses – evidential weight of medical evidence; burden of proof remains on the prosecution.
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20 July 1994 |
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An arbitration clause does not automatically oust the court's jurisdiction; the suit was not premature.
Arbitration clause — does not automatically oust High Court jurisdiction; Arbitration Act s.17 — discretionary stay; alternative remedy — suit not premature.
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15 July 1994 |
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Section 35(1) CPA does not cover court bailiffs; execution disputes against bailiffs require a separate suit.
* Civil procedure – Section 35(1) Civil Procedure Act – Scope limited to questions between parties to the suit in which the decree was passed or their representatives – Does not ordinarily extend to court bailiffs.
* Execution – Disputes arising from bailiff conduct – Proper remedy is a separate suit, not proceedings under section 35.
* Procedure – Purpose of section 35(1) is to save time and expense; treating it as a full suit defeats that purpose.
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15 July 1994 |
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Unpleaded allegations of forgery cannot be introduced at trial without prior amendment; parties are bound by their pleadings.
Civil procedure – admissibility of evidence – expert report challenging authenticity of an admitted document – necessity to plead forgery – amendment of pleadings (Order 16 r.18) – parties bound by pleadings (Order 6 r.6) – prejudice and change of character of action.
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14 July 1994 |
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Court ordered a plaintiff company in receivership to provide Shs.50,000,000 security for costs and stayed proceedings pending payment.
* Companies – security for costs – application under Order 23 Rule 1 and s.404 Companies Act – when company plaintiff may be ordered to give security. * Receivers and managers – powers under debentures to take possession and sell charged assets – effect of winding-up proceedings on receivers' sales. * Discretionary relief – assessment of credible testimony and setting quantum of security. * Stay of proceedings pending provision of security.
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11 July 1994 |
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Acquittal where night-time identification was unreliable and the identification parade was improperly conducted, leaving no prima facie case.
Criminal law – Robbery with violence – Identification evidence – Reliability of identification at night – Identification parade standards and defects – Requirement of corroboration – Prima facie case and no-case to answer.
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8 July 1994 |
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Despite credibility problems in eyewitness evidence, the court held a prima facie case existed and ordered the accused to enter his defence.
Criminal law – murder – prima facie case; identification evidence; contradictions and self‑contradictions in eyewitness testimony; no‑case submission; motive (land dispute) and credibility; standard for calling accused to enter defence.
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8 July 1994 |