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Citation
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Judgment date
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| December 1995 |
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Plaintiff proved detinue of vehicle seized by soldiers; State held vicariously liable and ordered damages, interest, and costs.
Detinue — wrongful detention of vehicle seized by soldiers; equitable ownership where purchaser paid but registration not transferred; seizure during military operation — course of employment; vicarious liability of State; assessment of market value at judgment; exemplary damages discretionary and refused where conduct not oppressive; interest and costs awarded.
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22 December 1995 |
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High Court revises illegal sentence not compliant with TRSA '70, orders fine reduction and refund of excess amount.
Criminal Law – Sentencing – Legality of Sentence – Offence under section 113(1)(a) of TRSA '70 – Compliance with statutory penalty provisions.
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19 December 1995 |
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19 December 1995 |
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19 December 1995 |
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18 December 1995 |
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18 December 1995 |
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18 December 1995 |
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Magistrates must follow proper plea procedure and statutory guidelines on sentencing for default of fine payment.
Criminal Procedure – Guilty plea procedure – Adequate facts must be stated against the accused – Sentencing – Non-compliance with default sentence provisions of Magistrates Courts Act.
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18 December 1995 |
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Civil Procedure
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6 December 1995 |
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Civil Procedure|Contract Law|Breach of Contract|Mortgage, loans and bonds
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5 December 1995 |
| November 1995 |
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Criminal law
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30 November 1995 |
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Criminal law
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28 November 1995 |
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Criminal law
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28 November 1995 |
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Letters of administration revoked for failure to exhibit accounts and mismanagement; new administrators appointed and defendants ordered to account.
Succession law – Revocation of letters of administration – Just cause under s.233(2) – Failure to exhibit inventory/account as required by s.280 – Grant become useless/inoperative – Mismanagement and disposal of estate assets – Appointment of new administrators – Order to account and deposit letters.
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24 November 1995 |
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The plaintiff proved liability under res ipsa loquitur and was awarded Shs.1.5 million plus costs and interest.
* Motor-vehicle accident – pedestrian struck by vehicle – defendant in default – res ipsa loquitur and liability established. * Assessment of general damages – head injury, large facial scar, unconsciousness, prolonged hospitalisation, recurrent headaches, loss of education and future prospects. * Award of general damages, costs and interest.
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20 November 1995 |
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Civil Procedure|Res Judicata
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19 November 1995 |
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Court cancelled special certificate and reinstated the plaintiff as registered proprietor, ordering eviction for fraudulent transfer.
* Land law – Registered title – Protection of registered proprietor under the Registration of Titles Act – cancellation of special certificate procured without adequate proof. * Land transactions – bona fide purchaser for value – onus to produce original sale agreement, vendor identity and witnesses. * Rectification of register – Registrar of Titles ordered to cancel special certificate and reinstate prior registered proprietor. * Eviction – order for purchaser’s eviction where title irregularly transferred.
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17 November 1995 |
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Contract Law|Breach of Contract|Formation and validity of Contract|Land
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15 November 1995 |
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A court upheld Amin-era vesting and management of expropriated property and validated a bank encumbrance created by appointed managers, dismissing the plaintiff's claims.
Expropriation law – Amin-era decrees and Expropriated Properties Act 1982 – vesting of abandoned/ascribed assets; Government-appointed management – authority to borrow and create encumbrances; validity of bank mortgage/caveat created by state-appointed managers; remedies of former owners against lenders and State under the Expropriated Properties Act.
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14 November 1995 |
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Criminal law
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8 November 1995 |
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Plaintiff's trespass claim failed because defendant's earlier-registered title established ownership; suit dismissed with costs.
Property law — title disputes — competing registered titles; evidence and priority of registration; allegations of fraud in procurement of certificate of title; trespass claims require ownership proved on a balance of probabilities.
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3 November 1995 |
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Property Law|Land|Land Dispute
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3 November 1995 |
| October 1995 |
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Civil Procedure
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30 October 1995 |
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Criminal law|Evidence Law
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27 October 1995 |
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Criminal law|Evidence Law|Burden of Proof|Evaluation of Evidence
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20 October 1995 |
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Owner held vicariously liable for servant-driver’s negligent overtaking; plaintiff awarded special and general damages.
Negligence – unsafe overtaking on a hill/curve; vicarious liability of owner for servant-driver; proof of ownership despite non-registration; quantum of special and general damages; failure to prove contributory negligence.
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18 October 1995 |
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Civil Procedure|Powers of the court|Inherent Powers of The Court
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18 October 1995 |
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Company Law|Corporate Veil|Labour and Employment Law|Terminal Benefits
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12 October 1995 |
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Civil Procedure
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5 October 1995 |
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Court validated late debenture registration under s.102, deeming certificate effective while preserving intervening third‑party rights.
Companies Act – registration of charges – section 96(1) requirement to register debenture within 42 days; section 102 remedial power to extend time or rectify omissions where omission accidental or inadvertent; validity of Registrar’s certificate; protection of intervening third‑party rights; receivers’ entitlement to declaratory relief.
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4 October 1995 |
| September 1995 |
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Criminal law|Burden of Proof
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27 September 1995 |
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Proved aggravated robbery but unreliable night-time identification led to acquittal of the accused.
* Criminal law – Aggravated robbery – elements: theft, violence and use or threat of a deadly weapon.
* Evidence – Identification – caution required for single-witness/night-time identification; alibi not destroyed.
* Burden of proof – prosecution must prove guilt beyond reasonable doubt.
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20 September 1995 |
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Accused acquitted of murder but convicted of manslaughter where malice aforethought was not proved beyond reasonable doubt.
* Criminal law – Murder – Elements: unlawful killing, identity of killer, and malice aforethought – burden on prosecution to prove beyond reasonable doubt. * Circumstantial evidence – must exclude reasonable alternative explanations and co‑existing factors – Simon Musoke principle. * Confession/evidence conflict – where medical and accused’s accounts disagree it may be unsafe to convict for murder. * Intoxication and provocation – may negate malice aforethought and reduce liability to manslaughter. * Manslaughter – appropriate verdict where intent to kill not proved.
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20 September 1995 |
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15 September 1995 |
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Conviction for defilement based on witness testimony and circumstantial evidence, rejecting absence of medical proof and defense claims.
Criminal Law - Defilement - Proof of guilt based on circumstantial evidence - Lack of direct testimony - Irresistible impulse as a defense.
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7 September 1995 |
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Where the complainant's absence leaves only suspicion, a submission of no case to answer must be upheld and the accused acquitted.
* Criminal law – Defilement – Whether prosecution made out a prima facie case to put accused to answer – Submission of no case to answer. * Evidence – Absence of complainant’s testimony – failure to connect accused to offence. * Principle – Suspicion alone insufficient to convict (Israil Epuka s/o Achietu v R). * Procedure – Application of R.T. Bhatt v R test for no-case submissions. * Order – Acquittal under section 71(1) TID where no case to answer is established.
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1 September 1995 |
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Accused convicted of defilement based on medical evidence, an admission, and corroborative circumstantial proof despite child’s inability to testify.
* Criminal law – Defilement (s.123(1) Penal Code) – elements: unlawful sexual intercourse and victim under 18 years.
* Evidence – Medical opinion and witness observations as proof of sexual intercourse where complainant is too young to testify.
* Evidence – Circumstantial evidence and its requirement to point only to the accused (Simon Musoke).
* Evidence – Admissibility and weight of an extra‑judicial admission (distinguished as admission, not full confession) and corroboration by accused’s conduct (attempt to flee).
* Procedure – Child’s incompetence to testify does not bar conviction if other reliable evidence proves the offence.
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1 September 1995 |
| August 1995 |
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A company need not always produce a board resolution to commence proceedings; authority may be proved on evidence.
Company law – capacity to sue – board resolution not always required; authority may be shown by other means depending on company constitution; Civil procedure – notice of motion is a 'suit' under s.2 CPA; preliminary objection based on authority may be premature on interlocutory hearing; unpleaded offers to deposit money should not be relied on; Order 33 judgment applications require formal procedure.
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30 August 1995 |
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Officials acting for a school cannot be sued personally for trespass absent evidence of personal trespass or benefit.
* Tort — Trespass to land — completion on entry — distinction between personal trespass and acts done in official/institutional capacity; * Civil procedure — parties — suing public/institutional officers in personal vs official capacity; * Remedies — impracticability of ordering demolition against former office-holders; * Proper defendants for relief affecting school property — institution/board or officers in official capacity.
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30 August 1995 |
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Appellate court upholds attempted theft conviction but quashes false‑information conviction due to unresolved evidential contradiction.
Criminal law – attempted theft – sufficiency of evidence despite miscalculation of exact sums; False reporting to police – contradictions on why cheque bounced require resolution; Handwriting expert evidence – admissible where author admits writing document; Appeal – interference with sentence only where manifestly harsh.
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25 August 1995 |
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18 August 1995 |
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Prosecution failed to prove a deadly-weapon threat or accused's participation; accused acquitted and exhibits returned.
Criminal law – Robbery: elements of aggravated robbery (theft, violence, threat/use of deadly weapon) – Hearsay and deceased victim’s statement – Identification and contradictory eyewitness evidence – Burden of proof and reasonable doubt – Return of exhibits to accused.
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15 August 1995 |
| July 1995 |
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Court convicts and sentences accused for defiling a minor, with corroborated testimony and medical evidence outweighing retracted confession.
Criminal Law – Defilement – elements of proof – admissibility of retracted confession – age determination of a minor.
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12 July 1995 |
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State held liable for NRA soldiers’ seizure of plaintiff’s lorry; replacement value and loss of earnings awarded.
Detinue/conversion – proof of ownership and possession – seizure and commandeering of vehicle by soldiers – State liability for torts of soldiers proximate to and incidental to assumption of power – assessment of replacement value and loss of earnings in detinue.
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11 July 1995 |
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Court convicts and sentences accused to 11 years for rape based on credible identification and lack of consent.
Criminal law – Rape – Elements of penetration and lack of consent – Identification of the accused – Alibi defense.
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7 July 1995 |
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7 July 1995 |
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6 July 1995 |
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6 July 1995 |
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The accused was acquitted of defilement due to lack of corroborative evidence in a child's testimony.
Criminal Law – Defilement - Conviction on unsworn statement of child - Requirements for corroborative evidence.
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5 July 1995 |
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Insufficient evidence led to the acquittal of an accused in a defilement case involving a minor.
Criminal law – Defilement – Proof of age and sexual intercourse – Corroboration of complainant's testimony – Alibi defense.
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3 July 1995 |