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Citation
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Judgment date
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| December 1997 |
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Defendant vicariously liable; court admitted post‑filing medical reports and awarded Shs 25,000,000 general and Shs 598,000 special damages.
• Negligence – vicarious liability – admission of liability by defendant’s counsel binds defendant.
• Evidence – admissibility of medical reports prepared after filing the suit; hearsay and the need for oral evidence from experts.
• Assessment of damages – determination of degree of permanent disability and quantum of general and special damages.
• Special damages – requirement to plead and strictly prove, receipts as best evidence.
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18 December 1997 |
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Defendant’s admitted liability for a road accident left only quantum; court admitted post-treatment medical reports and awarded damages for 70% permanent disability.
• Tort — Motor-vehicle negligence — Admission of liability by defendant’s counsel — only quantum to be assessed. • Evidence — Admissibility of medical reports compiled post-pleading — court may admit where they truthfully reflect post-treatment condition. • Damages — Assessment of general and special damages for permanent disability (70%); interest and taxed costs awarded.
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18 December 1997 |
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Completion of sale of registered land requires registration; separate undertakings enforceable and remedy limited to defendants' share.
Property/contract law – meaning of "completion" of sale of registered land; Registration of Titles Act s.51 – completion requires registration and transfer; separate undertakings construed as independent contracts; remedy limited to defendant purchasers’ shares where third purchaser not sued.
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4 December 1997 |
| November 1997 |
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Property Law|Sale of Goods
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24 November 1997 |
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Sale not completed within six months; plaintiff’s refund obligation independent and defendants recover half the goodwill with interest.
Contract interpretation – separate undertakings in the same document; Completion of sale of land – meaning under Registration of Titles Act s.51; Independent refund obligation enforceable despite failure of related sale; Tenants in common – remedies limited to parties' respective shares; Interest and costs awarded on counterclaim.
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19 November 1997 |
| October 1997 |
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Customary tenant wrongfully evicted; statutory termination procedure not followed, contract uncertain, damages and deposit refund awarded.
Land law – customary tenure (bibanja) – proof by long occupation and cultivation; Land Reform Decree s.7 – procedure for terminating customary tenure; unlawful demolition/eviction where statutory procedure not followed; sale receipts as mere acknowledgements – uncertainty of oral sale agreements and refusal of specific performance; damages and refund of deposit.
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31 October 1997 |
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Creditor's unconsented extension of payment discharged guarantor; late demand failed the guarantee's "immediately" requirement.
* Commercial law – Guarantee/suretyship – Timing of demand – meaning of 'immediately' after 30 days. * Suretyship – alteration of principal obligation by creditor without surety's consent discharges guarantor. * Evidence – admissibility and concealment of documents affecting liability.
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23 October 1997 |
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Creditor's unilateral extension of payment time without guarantor consent discharged the guarantor; claim dismissed.
Guarantee law – requirement to demand payment "immediately" after 30 days – meaning of "immediately" and reasonable time; creditor's unilateral extension of payment time; variation of principal obligation without surety's consent discharges guarantor; admissibility and concealment of documents relevant to entitlement.
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23 October 1997 |
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Court apportioned 50% blame for a head-on collision, rejected inevitable accident, and awarded half the vehicle’s value less salvage plus costs and interest.
* Road traffic negligence – duty of care of drivers – standard: reasonable care to avoid colliding with other road users.
* Inevitable accident – burden to prove event beyond driver’s control that could not have been avoided by greatest care and skill.
* Apportionment – contributory negligence where both drivers at fault; 50% split where evidence insufficient to exonerate either driver.
* Damages – special damages must be strictly pleaded and proved; uncontroverted expert valuation accepted for total loss; general damages assessed nominally.
* Interest and costs – decretal sum to carry interest and taxed costs awarded to successful plaintiff.
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22 October 1997 |
| September 1997 |
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The applicant proved ownership of the vehicle and obtained declaration, immediate surrender, damages, interest and costs.
Property/Ownership – vehicle ownership dispute – validity of purported transfer documents and signatures – adequacy of consideration stated in writings – unlawful detention and damages for loss of rental income.
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25 September 1997 |
| August 1997 |
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Employer vicariously liable for driver who negligently left tractor unattended; plaintiff awarded damages with defendants 80% liable.
Tort—Negligence—Vehicle left unlit and unattended on carriageway—Foreseeability of harm and duty of care—Vicarious liability of employer—Special and general damages—Novus actus interveniens and looters—Apportionment of fault.
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25 August 1997 |
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Plaintiff’s claim dismissed as time‑barred and lacking locus standi for want of statutory repossession certificate.
* Limitation Act – section 6 – time‑bar – when cause of action accrues (acquisition by purchaser; vesting in State/Board). * Expropriated Properties Act 1982 – section 5(1) and Regulation 10(3) – requirement of statutory certificate of repossession; administrative letter insufficient. * Locus standi – possession of valid repossession certificate required to sue for recovery. * Effect of prior consent judgment on subsequent claims to same property. * Counterclaim abates when principal claim fails.
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18 August 1997 |
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Claim dismissed as time‑barred; plaintiff lacked statutory certificate of repossession and therefore standing; no cause of action.
Limitation Act – section 6 – time began to run from acquisition/taking over dates; Expropriated Properties Act 1982 s.5(1) and Regulations – statutory certificate of repossession required; locus standi – administrative letter insufficient; cause of action – effect of prior consent judgment on title disputes.
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18 August 1997 |
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Administrative Law|Land|Leases and tenants|Title to real property
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8 August 1997 |
| July 1997 |
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Whether receipt of profit creates partnership and whether an oral guarantee binds the executive in absence of signed memorandum.
Partnership law – sharing of profits is not conclusive evidence of partnership; Contract law – guarantee requires a memorandum or note in writing signed by the party to be charged (s.4 Contract Act); Pleading – legal labels (e.g. "guarantee") must be supported by facts; Burden of proof – defendant must prove entitlement to claimed commissions; Evidence – transfers through personal account do not by themselves establish a guarantee or partnership.
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29 July 1997 |
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Whether plaintiff was owed US$365,000 for coffee pre-finance and whether partnership or guarantee existed.
* Partnership law – participation in profits is not conclusive evidence of partnership; examine whole transaction and intention.
* Contract Act S.4 – guarantee requires a memorandum or note in writing signed by the party to be charged.
* Evidence – transfers through a director’s personal account may be loans, commissions or repayments; burden on defendants to prove commission entitlement.
* Remedy – money had and received; order for account; interest and costs.
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29 July 1997 |
| June 1997 |
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20 June 1997 |
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Civil Procedure
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5 June 1997 |
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Registered transfers estop the vendor from reclaiming title; caveat unlawful; rents refunded and injunction granted.
Land law – transfer and registration of title; pleading and proof of fraud; caveat under Registration of Titles Act; entitlement to account for rents/mesne profits; permanent injunction and costs.
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5 June 1997 |
| April 1997 |
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Vehicle hired and sub‑hired was stolen; court held contract frustrated and dismissed claim for return or value with costs.
Contract law – hire of chattel – self‑drive hire sub‑hired to third party; frustration by theft or disappearance; liability of hirer on sub‑hire; conversion and detinue – burden of proof; evidential relevance of reporting to police and precautions taken.
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10 April 1997 |
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Claim for return or value of hired vehicle dismissed where vehicle was stolen after sub-hire and conversion/detinue not proved.
Contract of hire – self-drive hire and sub-hire – theft of hired chattel – frustration and loss – conversion and detinue – burden of proof – entitlement to return or value of chattel.
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10 April 1997 |
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Oral testimony contradicting a written contract reduced to writing is inadmissible and is expunged from the record.
Evidence Act – section 90 (parol-evidence rule) – written contract reduced to writing; inadmissibility of oral evidence to vary written terms; expunging contradictory testimony; sufficiency of admissible evidence to sustain counterclaim.
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1 April 1997 |
| March 1997 |
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Election set aside: winning candidate lacked requisite education and his nomination was invalid, necessitating a fresh poll.
* Election law – qualifications for membership of Parliament – A‑level or statutory equivalent – proof and recognition of foreign/professional diplomas.
* Election law – nomination requirements – validity of nomination paper – minimum number and validity of supporting signatures.
* Evidence – standard and burden of proof in election petitions – preponderance of probability but clear proof required; burden may shift when facts are peculiarly within a party’s knowledge.
* Election law – allegations of malpractice – necessity to prove substantial effect on result before setting aside election.
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24 March 1997 |
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Election set aside for invalid nomination and lack of required candidate qualifications; fresh election ordered.
Electoral law — Candidate qualifications (A-level or equivalent) — Burden and standard of proof in election petitions — Nomination formalities (minimum signatures) — Material nomination defects vitiate election — Malpractice must substantially affect result to void election.
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24 March 1997 |
| February 1997 |
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Specific performance refused where defendant lacked legal title due to government vesting; purchase money refundable.
Property law – expropriated/departed-Asian properties; vesting in Government; ministerial consent; validity of sale; specific performance not available where vendor lacks title; restitution of purchase money and reimbursement of proved disbursements.
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26 February 1997 |
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Whether an award of interest at 30% p.a. implied compound interest and whether the Registrar’s certificate and garnishee order were valid.
Arbitration award — interest at specified rate — interpretation whether interest is simple or compound; Deputy Registrar’s certificate of interest; garnishee proceedings; effect of payment from security lodged pending appeal; acquiescence and estoppel to challenge interest calculations.
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26 February 1997 |
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Deputy Registrar’s compound-interest certificate set aside where arbitration award did not authorize compound interest.
Arbitration award – interest – whether interest at a stated rate implied compound interest; Deputy Registrar’s certificate – illegality where award not authorizing compound interest; garnishee proceedings – enforcement prevented where decretal amount satisfied by security; acquiescence by counsel insufficient to convert simple into compound interest.
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26 February 1997 |
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Failure to produce tender invoices and primary documents dismissed claim for unpaid transport services.
* Contract/Tender – transport services – requirement to submit invoices as per tender terms – proof of services and quantum.
* Evidence – s.90 Evidence Act – where terms are reduced to document, parol evidence inadmissible; primary/secondary documentary evidence required.
* Burden of proof – plaintiff must prove services rendered and how claimed sum arose; failure to produce invoices fatal to claim.
* Admissibility – acknowledgements/correspondence insufficient absent primary invoices.
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24 February 1997 |
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Plaintiff’s claim for payment under a written tender failed for lack of the required documentary proof of services and quantum.
* Contract/tender law – claim for transport services under a written tender – requirement to prove performance and quantum by documentary evidence. * Evidence Act s.90 – where terms are reduced to writing, parol evidence is inadmissible to establish contractual terms or quantum. * Burden of proof – plaintiff’s failure to produce invoices/primary documents defeats claim. * Civil procedure – dismissal with costs where claimant fails to establish claim on balance of probabilities.
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24 February 1997 |
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Stay of execution granted conditionally where large money decree posed real risk of substantial loss and security was inadequate.
Civil procedure – Stay of execution – Section 101 Civil Procedure Act; Order 39 Rule 4(3) – requirements: substantial loss, no undue delay, adequate security; scope of "substantial loss" (includes potential loss); security for money decrees – land may be acceptable if unencumbered; joint and several liability affects required security.
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20 February 1997 |
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Affidavit defects and improperly sealed annexures rendered the interlocutory Notice of Motion incompetent and it was struck out.
Civil procedure – interlocutory applications – s.190 Registration of Titles Act – locus standi of unregistered equitable owner – affidavits – Order 17 r.3(1) distinguishing personal knowledge and information/belief – duty to disclose sources – Commissioner for Oaths (Advocates) Rules – sealing and identification of annexures – defective affidavit renders Notice of Motion incompetent and liable to be struck out.
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20 February 1997 |
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Registered ownership alone does not establish possession for trespass; plaintiff failed to prove defendants liable.
Trespass to land – ownership versus possession – possession is required to sue for trespass; proof on balance of probabilities – identification of tortfeasors; vicarious liability – liability of committee for volunteers; assessment of special damages for excavated materials (valuation evidence).
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11 February 1997 |
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Registered ownership proved and murram excavation occurred, but plaintiff failed to prove possession or defendant liability, so claim dismissed.
Land law – trespass to land – requirement of actual/physical possession to sue for trespass; Evidence – burden to prove identity of trespassers and employer/agency; Vicarious liability – committee not liable absent proof agents/employees committed the tort; Murram quarrying – longstanding customary/extractive use relevant to possession and attribution of conduct.
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11 February 1997 |
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Lessee who elected to purchase reversionary interest but breached payment is estopped from claiming lease rights.
* Property law – lease v. purchase – execution of sale of reversionary interest displaces lease; two estates cannot co-exist.
* Doctrine of election/estoppel by election – lessee who elects to treat third party as owner and enters purchase contract cannot later assert lease rights.
* Validity of sale by beneficiary – knowledge and dealings with beneficiary and administrators’ awareness can preclude challenge to locus.
* Relief against forfeiture – section 27 relief limited to non-payment of rent; not available to excuse breach of purchase contract.
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7 February 1997 |
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Lessee who elected to purchase the reversionary interest and breached payment is estopped from asserting the lease; forfeiture relief denied.
* Property law – lease versus purchase of reversionary interest – incompatibility of co-existing estates. * Election/estoppel – lessee electing to treat vendor as owner and entering sale is estopped from later asserting lease. * Effect of part payment and deposit of title as security – supports purchaser relationship. * Relief from forfeiture (Judicature Statute s.27) – inapplicable where dispute arises from breach of purchase contract, not mere non-payment of rent. * Vendor locus and administrators’ awareness – administrators’ acquiescence and vendor’s dealing with lessee support validity of transaction.
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7 February 1997 |
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Undated written agreement irrelevant and inadmissible where it contradicts written memorial and concerns different land.
Evidence — Admissibility of documents — Relevance of written agreement to issues in suit; extrinsic oral evidence cannot be used to contradict or vary a written instrument; production for identification does not automatically cure irrelevance.
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5 February 1997 |
| January 1997 |
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2 January 1997 |
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Fraudulent transfers via forged power of attorney voided; purchaser not bona fide and title restored to the plaintiff.
Property law – registration of title – forged power of attorney – fraudulent transfers; imputed notice and agent’s fraud; incomplete registration; stamp duty irregularities; purchaser not bona fide; cancellation of title and reinstatement of proprietor.
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1 January 1997 |
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The applicant failed to prove the respondent lacked qualification or that alleged malpractices substantially affected the election; petition dismissed.
Election petition — candidate qualification under Article 80 and 4th Schedule/Parliamentary Elections Statute — evidence of diploma and confirming military personnel letter; Illiterates Protection Act s.4 — formal requirements for affidavits in non‑English languages; burden and high standard of proof in election petitions — non‑compliance must affect result in a substantial manner; electoral malpractices (intimidation, vote‑buying) — requirement for concrete voter evidence; remedies under s.15 (appeal against nomination).
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1 January 1997 |