High Court of Uganda

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10 judgments

Citation	Judgment date
September 1994
Uganda v Katorogo (Criminal Session Case 180 of 94) [1994] UGHC 59 (30 September 1994) Prosecution proved defilement of a 15‑year‑old by the accused; medical and eyewitness evidence corroborated conviction and 12‑year sentence. Criminal law – Defilement (s.123(1) Penal Code) – Elements: penetration, complainant under 18, identity of accused; corroboration by medical evidence; evaluation of minor inconsistencies; direct and circumstantial evidence; burden of proof beyond reasonable doubt.	30 September 1994
Mukasa &Anor v Kasumbi (Civil Suit No. 792 of 93) [1994] UGHC 38 (23 September 1994) Registrar validly entered judgment in uncontested summary suit under O.46 r.2; extension of time to appeal denied for undue delay. Civil Procedure – Order 46 r.2 CPR – Registrar may enter judgment in uncontested cases; Order 46 r.8 – appeal to High Court; summary procedure (Order 33) – effect of default; extension of time to appeal – discretion, undue delay and finality of litigation.	23 September 1994
Uganda v Ssehyonga Yowana (Criminal Sessions Case No. 179/94) [1994] UGHC 116 (23 September 1994) Court finds accused guilty of defiling his daughter, emphasizing integrity of witness evidence and societal protection. Criminal law – Defilement – Identification of perpetrator – Corroboration of child witness evidence – Sentencing in sexual offences.	23 September 1994
Uganda v Naftali & 3 Others (Criminal Session Case 101 of 1994) [1994] UGHC 58 (22 September 1994)	22 September 1994
Uganda v Mutasya (Criminal Session Case 72 of 1992) [1994] UGHC 101 (8 September 1994) Contradictory identification evidence and mere suspicion failed to establish a prima facie case of murder; accused acquitted. Criminal law – No case to answer – identification evidence – contradictions and unreliability of witnesses – prima facie case – suspicion from a grudge insufficient to ground charge.	8 September 1994
Minawa Inn Limited v D.A.P.C.B & Another (Civil Suit 97 of 1993) [1994] UGHC 72 (7 September 1994)	7 September 1994
Minawa Inn Ltd v D.A.P.C.B Anor (Civil Suit No. 97 of 1993) [1994] UGHC 29 (7 September 1994) Domestic plaintiff’s lack of assets alone does not justify ordering security for costs before litigation proceeds. Civil procedure – Security for costs – Requirement ordinarily for plaintiffs resident abroad or lacking assets within jurisdiction – Domestic company carrying on business locally not prima facie liable to give security – Poverty is not a ground for security for costs.	7 September 1994
Naigaga Irene v Uganda (Criminal Appeal No.12 of 1994) [1994] UGHC 21 (7 September 1994) Appellate court reduced an excessive 12-month sentence for obtaining goods by false pretences, finding the plea valid despite recording irregularity. Criminal law – Obtaining goods by false pretences – Sentence – Excessive sentence – Mitigating factors (first offender, guilty plea, amount involved, remorse) – Plea recording irregularity under s.122(2) Magistrates Courts Act cured by acceptance of facts.	7 September 1994
Nakawungu v Kafureka (Civil Suit 19 of 1993) [1994] UGHC 73 (7 September 1994)	7 September 1994
Nakawungu v Kafureka (Civil Suit No. 19 of 1993) [1994] UGHC 30 (7 September 1994) Plaintiff injured by defendant’s vehicle; claim dismissed for failure to prove the driver was the defendant’s servant or agent. Motor-vehicle accident – liability – vicarious liability requires proof driver was servant or agent of owner; burden on plaintiff under Evidence Act Negligence – driver driving on pavement — failure to exercise reasonable care Evidence – admissibility of medical report not annexed to plaint where existence is clear and referred to in pleadings (CPR r14/18; authorities) Damages – special damages must be strictly proved; general damages indicated but not awarded due to lack of liability	7 September 1994

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