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Citation
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Judgment date
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| February 1994 |
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25 February 1994 |
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Oral transport contract existed; defendants breached and are jointly liable to pay US$93,750 or equivalent, plus nominal damages, interest and costs.
Contract law – oral subcontracting agreement for carriage of goods – parties' internal arrangements and identification of contracting party
Jurisdiction – place of performance and cause of action where performance completed in Uganda. Foreign‑currency judgment – application of Miliangos principle; award in US dollars or local currency equivalent at enforcement rate
Damages – compensation for unpaid contract sum, nominal damages where consequential loss not proved; interest and costs awarded
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25 February 1994 |
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Oral transport contract found; both defendants jointly liable for US$93,750, interest, nominal damages and costs.
Contract law – oral contract for carriage of goods – place of performance and jurisdiction – joint liability of co-operating companies – foreign-currency judgment and conversion at market rate at payment/enforcement – interest and nominal damages.
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23 February 1994 |
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Alibi rejected; convictions for grievous harm and obstructing police upheld; sentence reduced for inadequate mitigation inquiry.
Criminal law – grievous harm (s.212 Penal Code) – obstruction of police (s.106 Penal Code) – alibi defence: burden on prosecution to disprove – identification and common intention – duty to explore mitigation for unrepresented accused – sentence reduction for excessive punishment.
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22 February 1994 |
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Administrators' claim to cancel registered title failed: action not time-barred but fraud not proved; defendant bona fide purchaser.
Limitation Act – fraud discovery rule; Registration of Titles Act – certificate of title prima facie proof; burden and particularity of proving actual fraud; protection of bona fide purchaser for value (s.189 RTA).
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21 February 1994 |
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Failure to plough constituted breach; annexed agreement admissible, damages recalculated and unpleaded special damages disallowed.
Contract law – breach for failure to perform a ploughing contract – burden of proof on impossibility and need to notify lender; Evidence – admissibility of a document annexed to a plaint when its terms are proved by oral testimony and admissions despite non-exhibition; Damages – assessment of general damages based on proven expected profits; special damages must be specifically pleaded and proved; Mitigation – claimant’s duty to mitigate and when mitigation is excused by defendant’s conduct.
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18 February 1994 |
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Appellate court upheld breach finding, admitted annexed agreement on proof, and adjusted damages and interest.
Contract — breach for failure to plough — admissibility of annexed but un‑exhibited agreement proved by testimony — credibility of stump defence — assessment and recalculation of general and special damages — mitigation of loss.
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18 February 1994 |
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14 February 1994 |
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A Ugandan‑registered company’s assets are not expropriable solely because majority shareholders are non‑citizens.
Company law – Corporate personality – A company incorporated in Uganda is a separate legal entity; shareholders' nationalities do not change company nationality for ownership of assets. Expropriation law – Assets of a Ugandan‑registered company not automatically liable to expropriation because majority shareholders are non‑citizens. Procedural law – Validity and timing of repossession under Expropriated Properties Act 1982 are factual issues for trial; statutory appeal (s.14) available against ministerial decisions
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11 February 1994 |
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Whether an owner is vicariously liable where its driver negligently entered a main road, causing serious injury.
Road traffic negligence – driver entering main road without stopping; vicarious liability of vehicle owner for servant-driver; assessment of special and general damages for severe and partly permanent injuries; contributory negligence examined and rejected.
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10 February 1994 |
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Plaintiff awarded damages for breach of contract after Ministry of Health failed to pay for supplied goods.
Contract Law – Breach of contract – Supply of goods – Non-payment – Ministry of Health contracts – Damages assessment.
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9 February 1994 |
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Police officer convicted of manslaughter for fatal custodial torture; murder not proven for lack of malice aforethought.
Criminal law – Unlawful killing in custody – Prolonged torture causing death; Identification and corroboration of accomplice witnesses; Common intention (s.22 Penal Code) establishes liability for fatal consequence; Malice aforethought not proved — murder not established; Conviction for manslaughter (s.182) and deterrent sentence.
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8 February 1994 |
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7 February 1994 |
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An adoption petition was struck out for failing to verify allegations and to exhibit required supporting documents.
Adoption law — Adoption of Children Act (Cap 216) and Adoption Rules — Rule 7 verification by affidavit and exhibition of documents — advocate presenting vs signing petition — striking out noncompliant adoption petition.
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7 February 1994 |
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Court appointed the applicant (sister) as legal guardian of orphaned children, directing annual welfare reports to the Probation/Welfare Office.
Guardianship – Appointment of legal guardian under s.9 Judicature Act and Order 48 – Welfare of the child as paramount consideration. Appointment of a guardian resident abroad – suitability and supervisory conditions. Probation/Welfare Office oversight – annual progress reports and court notification if reports not received
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7 February 1994 |
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Court appointed elder sister living abroad as legal guardian, prioritising children's welfare and ordering probationary reporting.
Guardianship – Welfare of the child paramount – Appointment under s.9 Judicature Act and Order 48 rr 1 & 3 CPR – Guardian resident abroad – Supervisory reporting by Probation/Welfare Office.
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7 February 1994 |
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4 February 1994 |
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4 February 1994 |
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Accused granted bail after court found special circumstances and State issued a Certificate of No Objection.
Criminal procedure – Bail – Special circumstances required under statute – Court may grant bail where State issues Certificate of No Objection and special circumstances are shown. Criminal procedure – Bail conditions – Cash bond, deposit of travel documents with court registry, mandatory periodic reporting to police
Sureties – Court to assess sufficiency of sureties to ensure accused’s return to court
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4 February 1994 |
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4 February 1994 |
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The Currency Reform Statute 1987 applies to court decrees; decretal sums must be converted and may be executed in new currency.
Currency Reform Statute 1987 – Applicability to judgments and decrees; redenomination of monetary obligations; conversion at one new shilling = 100 old shillings; enforcement/execution of recalculated decretal sums.
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3 February 1994 |