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Citation
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Judgment date
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| February 1994 |
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Oral transport contract existed; defendants breached and are jointly liable to pay US$93,750 or equivalent, plus nominal damages, interest and costs.
Contract law – oral subcontracting agreement for carriage of goods – parties' internal arrangements and identification of contracting party. Jurisdiction – place of performance and cause of action where performance completed in Uganda. Foreign‑currency judgment – application of Miliangos principle; award in US dollars or local currency equivalent at enforcement rate. Damages – compensation for unpaid contract sum, nominal damages where consequential loss not proved; interest and costs awarded.
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25 February 1994 |
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Alibi rejected; convictions for grievous harm and obstructing police upheld; sentence reduced for inadequate mitigation inquiry.
Criminal law – grievous harm (s.212 Penal Code) – obstruction of police (s.106 Penal Code) – alibi defence: burden on prosecution to disprove – identification and common intention – duty to explore mitigation for unrepresented accused – sentence reduction for excessive punishment.
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22 February 1994 |
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Failure to plough constituted breach; annexed agreement admissible, damages recalculated and unpleaded special damages disallowed.
Contract law – breach for failure to perform a ploughing contract – burden of proof on impossibility and need to notify lender; Evidence – admissibility of a document annexed to a plaint when its terms are proved by oral testimony and admissions despite non-exhibition; Damages – assessment of general damages based on proven expected profits; special damages must be specifically pleaded and proved; Mitigation – claimant’s duty to mitigate and when mitigation is excused by defendant’s conduct.
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18 February 1994 |
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14 February 1994 |
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A Ugandan‑registered company’s assets are not expropriable solely because majority shareholders are non‑citizens.
Company law – Corporate personality – A company incorporated in Uganda is a separate legal entity; shareholders' nationalities do not change company nationality for ownership of assets. Expropriation law – Assets of a Ugandan‑registered company not automatically liable to expropriation because majority shareholders are non‑citizens. Procedural law – Validity and timing of repossession under Expropriated Properties Act 1982 are factual issues for trial; statutory appeal (s.14) available against ministerial decisions.
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11 February 1994 |
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Whether an owner is vicariously liable where its driver negligently entered a main road, causing serious injury.
Road traffic negligence – driver entering main road without stopping; vicarious liability of vehicle owner for servant-driver; assessment of special and general damages for severe and partly permanent injuries; contributory negligence examined and rejected.
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10 February 1994 |
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Plaintiff awarded damages for breach of contract after Ministry of Health failed to pay for supplied goods.
Contract Law – Breach of contract – Supply of goods – Non-payment – Ministry of Health contracts – Damages assessment.
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9 February 1994 |
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Police officer convicted of manslaughter for fatal custodial torture; murder not proven for lack of malice aforethought.
Criminal law – Unlawful killing in custody – Prolonged torture causing death; Identification and corroboration of accomplice witnesses; Common intention (s.22 Penal Code) establishes liability for fatal consequence; Malice aforethought not proved — murder not established; Conviction for manslaughter (s.182) and deterrent sentence.
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8 February 1994 |
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7 February 1994 |
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Court appointed the applicant (sister) as legal guardian of orphaned children, directing annual welfare reports to the Probation/Welfare Office.
Guardianship – Appointment of legal guardian under s.9 Judicature Act and Order 48 – Welfare of the child as paramount consideration. Appointment of a guardian resident abroad – suitability and supervisory conditions. Probation/Welfare Office oversight – annual progress reports and court notification if reports not received.
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7 February 1994 |
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4 February 1994 |
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4 February 1994 |
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Accused granted bail after court found special circumstances and State issued a Certificate of No Objection.
Criminal procedure – Bail – Special circumstances required under statute – Court may grant bail where State issues Certificate of No Objection and special circumstances are shown. Criminal procedure – Bail conditions – Cash bond, deposit of travel documents with court registry, mandatory periodic reporting to police. Sureties – Court to assess sufficiency of sureties to ensure accused’s return to court.
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4 February 1994 |
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4 February 1994 |
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The Currency Reform Statute 1987 applies to court decrees; decretal sums must be converted and may be executed in new currency.
Currency Reform Statute 1987 – Applicability to judgments and decrees; redenomination of monetary obligations; conversion at one new shilling = 100 old shillings; enforcement/execution of recalculated decretal sums.
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3 February 1994 |
| January 1994 |
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Wrongful eviction for breach of dealership/lease; special damages proved by receipts, interest limited to court rates.
Contract law – breach of agency/lease agreement – wrongful eviction by landlord/owner. Assessment of damages in default – Order 9 r.6 CPR – proof of special damages by receipts. Quantum of general damages for premature termination of long-term dealer arrangement. Interest – court/ statutory rates where high contractual rate not proved. Failure to prove offsetting claims or alleged debts prevents recovery.
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31 January 1994 |
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21 January 1994 |
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Judge recused himself where a proposed joinder applicant lacked confidence after prior locus standi remarks; file referred for reassignment.
Recusal — perceived bias from prior obiter remarks — whether judge should disqualify himself; Locus standi — joinder of interested third party in statutory appeal under Expropriated Property Act; Effect of executive concession/certificate on pending appeal; Procedural fairness — right to be heard and administration of justice.
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19 January 1994 |
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Contractor entitled to unpaid certificate sum; court awarded principal plus 30% p.a. interest from due date and costs.
Contract law – Government contract – final certificate and obligation to pay within 14 days (Clause 30(1)); Civil procedure – proceeding and judgment after hearing where Attorney‑General served but did not appear; Interest – appropriateness of contractual/claimed rate versus court‑assessed commercial rate; Evidence – uncontroverted plaintiff testimony establishes entitlement.
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12 January 1994 |
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Plaintiff entitled to certified contract sum; court awards principal, interest at 30% p.a. from 15/3/1989, and costs.
Contract law – obligation to pay sums certified by final payment certificate – payment due within contractual 14-day period. Evidence – uncontroverted testimony and documentary final certificate sufficient to establish debt. Remedies – assessment of interest where claimed contractual rate unsupported; court discretion to fix reasonable rate (30% p.a.). Costs – successful claimant entitled to costs where defendant defaults or fails to contest.
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12 January 1994 |
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Accused convicted of aggravated robbery where theft, violence, deadly weapon use and reliable identification were proved.
Criminal law – Aggravated robbery – elements: theft, violence, threat/use of deadly weapon; identification – prolonged daylight observation and prior acquaintance; common intention; inadmissibility of uncautioned admissions; minor committal defects not fatal.
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11 January 1994 |
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10 January 1994 |
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The applicant’s adoption petition was struck out for failure to comply with Rule 7’s verification and documentary requirements.
Adoption law – procedural compliance – Rule 7 verification and exhibition of supporting certificates; advocate presentation and signature of petition; adequacy of affidavits; striking out for non-compliance.
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7 January 1994 |
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Submission of no case to answer upheld where prosecution failed to show a prima facie link between the accused and the robbery.
Criminal procedure – submission of no case to answer – prima facie case test (Bhatt v R) – identification evidence – suspicion is not evidence – acquittal under s.71 Trial on Indictments Decree.
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4 January 1994 |
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Court convicted the accused of defilement based on child testimony, medical evidence and a voluntary confession, sentencing eight years imprisonment.
Criminal law – Defilement under s.123(1) Penal Code Act – Child witness evidence and identification at night – Medical corroboration (ruptured hymen/inflammation) – Cautioned statement (confession) voluntariness and reliance – Need for corroboration of retracted confession – Sentencing: deterrence vs mitigation.
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4 January 1994 |
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3 January 1994 |