High Court of Uganda

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13 judgments

Citation	Judgment date
May 1994
Kakonge v Bitarabeiho (Civil Suit 755 of 1992) [1994] UGHC 112 (30 May 1994) A handwriting expert’s report is inadmissible if it introduces unpleaded new facts and lacks established provenance, constituting hearsay. * Civil procedure – Pleadings – Order 6 r.5/6 – new grounds or allegations: a party must plead material facts and annex supporting documents; unpleaded expert evidence may be excluded. * Evidence – Expert handwriting report – admissibility – provenance of questioned and specimen documents must be established; otherwise report risks being hearsay. * Counsel conduct – producing specimen documents to experts – counsel should testify or disqualify himself to prevent hearsay and unfair surprise. * Remedies – Preliminary objection upheld and costs ordered where procedural and evidential rules breached.	30 May 1994
David Muhizi V Nile Breweries Limited (Civil Suit No.52 of 1993) [1994] UGHC 22 (26 May 1994) Plaintiff entitled to return or current value of deposited beer crates and damages for defendant's breach of agency contract. Contract law – agency/stockist agreement – deposit of empty beer crates – defendant’s failure to supply and retention of crates – breach of contract – measure of damages as difference in current and prior value – default judgment/assessment under Order 9 rule 6 CPR.	26 May 1994
Amina Rose Nakaye v Haji Juma Achikule (Civil Suit No. 29 of 1993) [1994] UGHC 118 (25 May 1994) Court holds widow entitled to estate over father's objection, upholding both customary and Islamic marriages. Family Law – Administration of Estates – Widow’s entitlement to letters of administration – Validity of customary and Islamic marriages.	25 May 1994
Uganda v Oribariho (Criminal Session Case 64 of 1993) [1994] UGHC 104 (25 May 1994) Accused convicted of defiling two children; police confession excluded but child testimony and corroboration proved guilt. Criminal law – Defilement – Elements: victim under 18 and unlawful sexual intercourse; Evidence – admissibility of cautioned/confession statements; Evidence – weight and reliability of medical reports; Evidence of children and corroboration – unsworn child statements, competency, and independent corroboration; Alibi – evidential burden and assessment of credibility.	25 May 1994
Crown Bottlers Limited v Mugume (Civil Suit 191 of 1993) [1994] UGHC 64 (18 May 1994)	18 May 1994
Arconsult Architects V A. Bauman (U) Ltd (Misc Appl. No. 42 of 1994) [1994] UGHC 3 (17 May 1994) Civil Procedure	17 May 1994
Osuna v Ziwa (Civil Suit 246 of 1994) [1994] UGHC 48 (9 May 1994)	9 May 1994
Uganda v Tako (Criminal Session Case 258 of 1993) [1994] UGHC 52 (9 May 1994)	9 May 1994
Uganda v Silaji Moisa (Criminal Case No.245 of 1993) [1994] UGHC 15 (4 May 1994) No-case submission upheld where prosecution failed to prove theft and to adequately identify the accused for aggravated robbery. Criminal law – No case to answer – Sufficiency of evidence – Elements of aggravated robbery – theft as material ingredient – Identification evidence – Conflicting witness accounts – Application of Bhatt v R.	4 May 1994
Uganda v Ezedio Teberi (Criminal Session Case No.1 of 1992) [1994] UGHC 19 (3 May 1994) Unlawful killing proved on circumstantial evidence; malice aforethought not established, convicted of manslaughter. * Criminal law – Homicide – Distinction between suicide and unlawful killing; admissibility and weight of circumstantial evidence. * Circumstantial evidence – Inference of guilt only where alternative hypotheses excluded. * Mens rea – Malice aforethought must be proved; provocation, intoxication and self‑defence may negate malice. * Offence – Where malice not established, unlawful killing may amount to manslaughter (s.182 Penal Code Act).	3 May 1994
Uganda v Akuku (Criminal Session Case 263 of 1993) [1994] UGHC 55 (2 May 1994)	2 May 1994
Uganda v Akuku (Criminal Session Case 263 of 1993) [1994] UGHC 56 (2 May 1994)	2 May 1994
Re: Application for Guardianship of Ivan Okoth (Minor till 2008) & Anor & Re: Mengo Block 10. 442 Plot No. 39.88 Acres at Busembaga & Bunono (Miscellaneous Cause No. 59 of 1994) [1994] UGHC 8 (1 May 1994) Court appointed the mother guardian and authorized sale of part of jointly-owned land for the infants’ welfare. * Guardianship – Jurisdiction under section 9(a) Judicature Act – appointment and control of guardians and infants’ estates. * Welfare of the infant – paramount consideration in guardianship appointments. * Sale of infant’s interest in land – court authorization where reinvestment benefits the children. * Consent of co-registered proprietor – evidential weight in guardianship and disposal applications.	1 May 1994

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