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Citation
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Judgment date
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| 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 |
| June 1994 |
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Contradictions, missing witnesses and unreproduced exhibits made the prosecution evidence manifestly unreliable; accused acquitted.
Criminal law – Rape: elements – sexual intercourse and lack of consent; Evidence – credibility, contradictions, non-production of exhibits, failure to call material witnesses; Medical evidence – bruises insufficient to prove intercourse; Standard – manifestly unreliable evidence/no safe conviction.
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30 June 1994 |
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Accused convicted of manslaughter on his plea; court accepted mitigation and imposed imprisonment with remand credit.
Criminal law – Plea bargaining/plea to lesser charge – Acceptance of guilty plea to manslaughter where prosecution raises no objection and accused admits facts; sentencing – balancing gravity of causing death against mitigation (provocation, first offender, ill health, family responsibilities, credit for remand).
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28 June 1994 |
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Uncorroborated recovery and absent identification meant no prima facie case against the accused for aggravated robbery.
* Criminal law – Robbery – Aggravated robbery – Requirement of prima facie case before calling accused to answer – Bhatt test; identification evidence – where complainant did not know or see accused; recovery of stolen property – necessity to exhibit recovered items and produce competent witnesses (police) to prove recovery and chain of custody.
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28 June 1994 |
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22 June 1994 |
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22 June 1994 |
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21 June 1994 |
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Accused acquitted of defilement because prosecution failed to prove the complainant was under the statutory age.
Criminal law – Defilement – Essential ingredient: age of complainant – Where prosecution fails to prove statutory age, no prima facie case established – No‑case‑to‑answer submission succeeds; amendment of indictment not decided at no‑case stage.
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15 June 1994 |
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Accused convicted of manslaughter; court credits remand time and personal mitigation when imposing sentence.
* Criminal law – Manslaughter – guilty plea accepted; sentencing principles – mitigation (voluntary surrender, remorse, first offender, dependents, ill‑health) – credit for time spent on remand.
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15 June 1994 |
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Court accepted guilty plea to manslaughter and imposed three years’ imprisonment, crediting remand and mitigating factors.
* Criminal law – Manslaughter – Plea to lesser offence accepted where accused admits causing death but denies intent to kill. * Sentencing – Mitigating factors: self‑reporting, guilty plea, extended remand, first‑offender status, serious illness (HIV/AIDS). * Sentencing – Remand time to run against imposed sentence.
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15 June 1994 |
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A newspaper’s false allegations that the applicant encouraged forest encroachment were defamatory and not protected by privilege.
* Defamation – publication of false allegations in newspaper headline and article; * Qualified privilege – not available where publisher and source lack duty or interest to publish to public at large; * Reckless publication – reckless disbelief or failure to verify can amount to malice; * Damages – substantial award for reputational injury.
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14 June 1994 |
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Newspaper article and cartoon defamed the plaintiff; editorial was fair comment; damages and costs awarded.
Defamation — capacity to bear defamatory meaning; reference to plaintiff; justification (truth) — burden and proof in libel; fair comment on public interest; qualified privilege — scope; corporate authority to sue — sole director's instruction sufficient.
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10 June 1994 |
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10 June 1994 |
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Conviction quashed where theft of cash was unproven, unsworn statement unfairly criticised and sentence improperly imposed.
* Criminal law – theft – whether prosecution proved accused handled or converted complainant's money as charged – conviction cannot be founded on inference from sale of goods when charge alleges theft of cash. * Criminal procedure – unsworn statement – accused must not be penalised for electing to make an unsworn statement; trial court must not improperly discredit it. * Civil v criminal remedy – disputes over failed business ventures/debts are primarily civil matters and should not be enforced by criminal prosecution. * Sentencing – fine imposed without inquiry into means and used as compensation is improper; sentencing must be reasoned and within statutory limits (Magistrates Courts Act).
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10 June 1994 |
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6 June 1994 |
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Oral amendment to add damages in a summary debt claim refused as it would change the suit’s character and prejudice defendant.
* Civil Procedure – Amendment of pleadings – Order 6 r 18 and r 30 – oral amendment at trial – interlocutory application by chamber summons.
* Civil Procedure – Summary procedure – claim for liquidated sum – limitations on adding unpleaded damages.
* Civil Procedure – Amendment refused where it changes character of action or causes prejudice/injustice to other party.
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1 June 1994 |
| May 1994 |
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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.
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30 May 1994 |
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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.
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26 May 1994 |
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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.
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25 May 1994 |
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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.
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25 May 1994 |
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18 May 1994 |
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Civil Procedure
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17 May 1994 |
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9 May 1994 |
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9 May 1994 |
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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.
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4 May 1994 |
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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).
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3 May 1994 |
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2 May 1994 |
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2 May 1994 |
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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.
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1 May 1994 |
| 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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25 April 1994 |
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25 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 |
| March 1994 |
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Advanced age (68) held to be an "exceptional circumstance" under section 14A, bail granted with bonds and reporting conditions.
Bail — Section 14A Trial on Indictments Decree — exceptional circumstances required for offences triable only by High Court — "advanced age" qualifies as exceptional circumstance — proof of age (medical report, charge sheet) — requirement to satisfy court applicant will not abscond — sureties and reporting conditions.
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21 March 1994 |
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Advanced age (68) held to be an "exceptional circumstance" under section 14A(1), bail granted with conditions.
Criminal procedure – Bail under section 14A(1) Trial on Indictments Decree – "Exceptional circumstances" – advanced age – proof of age by charge sheet and medical report – requirement to show non‑absconding – bail conditions imposed.
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21 March 1994 |
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Plaintiff entitled to constitutional compensation for developments despite Chief Conservator’s degazettement irregularity.
* Forestry law – distinction between central and local forest reserves – Chief Conservator’s authority to release central reserve land. * Administrative irregularity – failure to exclude/degazette parcel is irregular but not necessarily fatal to title absent fraud. * Constitutional compensation – Article 13 entitlement to adequate compensation for compulsory acquisition; pleadings limit admissible valuation. * Evidence – claims not specifically pleaded or strictly proved are rejected.
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11 March 1994 |
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Bail refused under s14A despite long remand because sureties were inadequate and applicants had previously jumped bail.
* Criminal procedure – Bail under section 14A of the Trial on Indictments Decree – prolonged remand (15 months) as exceptional circumstance; * Sufficiency and number of sureties – adequacy relative to number of accused and seriousness of charge; * Prior bail-jumping – relevance to risk of absconding and discretionary refusal of bail; * Court’s discretion – balancing prolonged remand against risk of non‑appearance.
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11 March 1994 |
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Defective particulars and an equivocal plea rendered the conviction for driving without third‑party insurance a nullity; conviction quashed.
Criminal law – defective particulars of offence – need to state day, time and place with reasonable clearness (Magistrates' Court Act s36(g)); statutory requirement for third‑party insurance (Motor Vehicle Insurance (Third Party Risks) Statute s2(1)); equivocal plea – where reply is not a clear plea of guilty the magistrate must record not guilty; combined effect of bad charge and equivocal plea renders proceedings a nullity; appellate revisionary powers (Criminal Procedure Code s341(1)).
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11 March 1994 |
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9 March 1994 |
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The plaintiff’s registered title prevailed; trespassers ordered evicted and plaintiff awarded damages and costs.
Land law – Registered title – Certificate of Title conclusive (s.56 Registration of Titles Act); Trespass – cultivation and occupation of registered land; Remedies – eviction (vacant possession), general damages, interest and costs; Default proceedings – leave to proceed under Order 9 r.8.
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2 March 1994 |
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1 March 1994 |
| February 1994 |
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25 February 1994 |