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Citation
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Judgment date
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| April 1994 |
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Criminal conviction quashed due to insufficient evidence proving intent to defraud under false pretences.
Criminal law - obtaining money by false pretences - distinction between civil and criminal wrongs - evaluation of evidence.
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29 April 1994 |
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Criminal law
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29 April 1994 |
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29 April 1994 |
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Circumstantial evidence established unlawful killing, but intoxication and circumstances negated malice aforethought; convicted of manslaughter and sentenced to five years.
Criminal law – Homicide – Circumstantial evidence – proof of death and causation – identification of footwear; Self-defence – availability where accused was aggressor; Intoxication – relevance to malice aforethought; Murder reduced to manslaughter where intent not proved beyond reasonable doubt.
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29 April 1994 |
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25 April 1994 |
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25 April 1994 |
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The accused's accidental elbow strike caused death but s9(1) Penal Code exonerated the accused; he was acquitted.
Criminal law — Murder — Proof of death and causation without post-mortem; corroboration of child’s unsworn evidence; role of medical evidence; accident and non‑criminal responsibility under s.9(1) Penal Code.
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25 April 1994 |
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Self-defence failed; provocation reduced the killing to manslaughter; two-year sentence imposed.
Criminal law — Homicide — Self-defence — Proportionality of force; Provocation — Heat of passion reducing murder to manslaughter; Malice aforethought — inference from weapon and surrounding circumstances; Sentence — youth and time on remand.
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22 April 1994 |
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Court accepted guilty pleas to manslaughter and balanced deterrence against youth and remand time, imposing a short custodial sentence.
Criminal law – Manslaughter – Plea of guilty and admitted facts – Sentencing discretion – Factors: deterrence, guilty plea, youth, first offender, remand custody.
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21 April 1994 |
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Accused convicted on plea of manslaughter and sentenced to 12 months considering provocation and two years remand.
Manslaughter – guilty plea accepted and conviction on plea; sentencing discretion – proportionality and mitigation; Provocation/home attack – mitigating factor; Remand custody – credit in sentencing; Use of weapon – necessity and relevance to sentence.
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20 April 1994 |
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Court inferred fatality from assault despite no post-mortem and sentenced the accused to time served for manslaughter.
Criminal law – Manslaughter plea accepted where State consents – Causation inferred from assault absent post-mortem when clinical signs and timing support lethal injury – Sentencing: discretion to impose time-served after prolonged remand and guilty plea.
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19 April 1994 |
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Accused convicted of manslaughter after guilty plea and sentenced to 3½ years, court weighing provocation, guilty plea, and remand time.
Criminal law – Manslaughter – Plea of guilty accepted – Admitted facts and post-mortem establish fatal stab wound – Sentencing considerations: provocation/assault by deceased, guilty plea, and time on remand – Sentence: 3½ years’ imprisonment.
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19 April 1994 |
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Guilty plea to manslaughter accepted; balancing mitigation and aggravation, court imposed four years' imprisonment.
Criminal law – manslaughter accepted as lesser/congnate offence to murder – admissible inference of cause of death despite absent post‑mortem – sentencing: guilty plea and time on remand as mitigation; intoxication and brutality as aggravation; deterrence factor.
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19 April 1994 |
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19 April 1994 |
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Consent judgment ordering defendant to pay plaintiff Shs.18,185,000 in 12 instalments with costs and default enforcement.
Civil procedure – Consent judgment – Judgment for monetary sum payable by instalments – Costs fixed and payable with first instalment – Default: execution and interest at court rates.
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18 April 1994 |
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Court held no valid customary marriage or proven paternity; Plot No. 61 belongs to deceased's estate and plaintiff granted administration and reliefs.
Customary law – marriage – Bakiga custom requires payment of agreed dowry for recognition of marriage; part-payment or a fine insufficient to constitute marriage. Civil burden of proof – paternity – plaintiff/claimant must prove paternity on balance of probabilities; inconclusive evidence fails. Land – unregistered customary interest – purchaser's estate retains interest until registration completed; municipal allocation while estate interest exists may be fraudulent. Probate – Letters of Administration – grant to family member with mandate where no opposing beneficiaries.
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18 April 1994 |
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13 April 1994 |
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Plaintiff completed works; fraud unproven; defendant ordered to pay UGX 313,408; penalty clause held punitive.
Contract law – breach and completion of works; Evidence – parol evidence rule and s.91 EA proviso permitting oral proof of extension when written document silent; Fraud – allegation requires strict proof; Contractual charges – handling fees as legitimate practice; Penalty clause – distinction between liquidated damages and punitive penalties.
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13 April 1994 |