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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 found; defendants jointly liable for US$93,750 or equivalent; nominal damages and interest awarded.
Contract law — oral contract for carriage of goods — formation and place of performance; breach by non-payment; joint liability of associated companies; foreign-currency judgment — award in US dollars or equivalent at enforcement rate; nominal damages for unproven consequential loss; interest and costs
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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, but sentence reduced for inadequate mitigation.
Criminal law – grievous harm (s.212 Penal Code); obstruction of police (s.106 Penal Code); alibi – burden on prosecution to disprove; identification and common intention; sentencing – duty to elicit mitigation for unrepresented accused; appellate reduction of sentence
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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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Court revised an illegal six‑month default imprisonment for a 40,000/= fine to the statutory six‑week maximum.
Criminal procedure — Sentencing — Default imprisonment for unpaid fines — Magistrates Courts Act 1970 s.192(d) — Statutory maximum six weeks for fines between 10,000/= and 40,000/= — Revision to correct illegal sentence.
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12 February 1994 |
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A company's registration, not shareholders' nationality, determines nationality; corporate assets not automatically expropriable; objection dismissed.
Company law — corporate nationality determined by incorporation/registration not by shareholders’ nationality; corporate personality — assets separate from shareholders; Expropriated Properties Act 1982 — repossession procedures and timeliness — merits to be decided at trial; preliminary objections — refusal to dismiss where factual issues require evidence
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11 February 1994 |
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A company’s Ugandan registration, not shareholder nationality, determines whether its property can be expropriated; repossession issues require evidence.
Company law – separate legal personality – nationality of shareholders not decisive for company nationality; Expropriation – corporate property distinct from shareholders’ shares; Repossession – compliance and timeliness under Expropriated Properties Act 1982 require evidence; Remedy – appeal under section 14 Act 9/82.
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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 constable convicted of manslaughter for fatal custodial torture; malice aforethought for murder not established.
Criminal law – Custodial torture – Unlawful killing established by post-mortem – Identification and corroboration of eyewitnesses – Common intention (s22 Penal Code) – Distinction between murder (malice aforethought) and manslaughter – Sentence for custodial manslaughter
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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 |