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Citation
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Judgment date
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| 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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High Court revised a magistrate’s decision: polling day means voting day and mandatory filing fees/security must accompany election petitions.
Constitutional/Statutory interpretation – 'polling day' – computation of filing period; Election procedure – mandatory filing fees and security for costs – requirement to accompany petition; Civil procedure – supervisory revision by High Court for lack of jurisdiction/material irregularity; Service/certification defects by Registrar treated as irregularities amendable by court.
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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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Appellate court quashed conviction because the trial magistrate failed to evaluate defence (grudge) alongside the prosecution evidence.
Criminal law – First appeal – duty of appellate court to re-evaluate evidence; Evidence – prosecution and defence must be assessed together; Credibility – failure to consider defence of grudge vitiates conviction; Material contradictions – immaterial discrepancies do not always undermine conviction.
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13 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 |
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No-case submission upheld due to contradictory witness accounts and lack of medical evidence; accused acquitted.
Criminal law – Defilement – Submission of no case to answer – Material contradictions in prosecution witnesses’ evidence; absence of medical evidence where desirable; acquittal under section 71(1) of TID.
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7 July 1994 |
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Whether an identification and a flawed parade established a prima facie case against the accused.
Criminal law – robbery – identification evidence; Identification parade – procedural safeguards and Ssentale rules; Prima facie case – requirement before calling accused to answer; Corroboration of visual identification; Reliability of witness under stress.
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6 July 1994 |
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Morals and traditional values|HR
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5 July 1994 |