High Court of Uganda

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6 judgments

Citation	Judgment date
July 1999
Uganda v Tesimana Rosemary - Criminal Revisional Cause No. msk 00 cr cv 0013 of 1999 (Criminal Revisional Cause No. msk 00 cr cv 0013 of 1999) [1999] UGHC 3 (28 July 1999) Nine-year unexplained delay and State inaction amounted to abuse of process, warranting stay and dismissal of the accused's charges. Criminal procedure – insanity – magistrates' court powers where statutory provision deficient – application of principles of justice, equity and good conscience. Criminal procedure – delay – unexplained nine-year pre-trial delay – abuse of court process under Section 19(2) of the Judicature Statute. Constitutional right – right to a fair and speedy trial (Article 28(1)) – prejudice from prolonged pre-trial detention. State responsibility – prosecution and prison authorities’ failure to progress case – gross inaction warranting dismissal. Remedies – stay of prosecution and dismissal of charges; recommendation for law reform to prevent systemic injustice.	28 July 1999
Kayita Emmanuel v Uganda - Criminal Appeal No 2 of 1998 (Criminal Appeal No. 2 of 1998) [1999] UGHC 2 (27 July 1999) Conviction based solely on an unsworn child’s evidence and hearsay lacked the independent corroboration required by law, so appellate court acquitted the accused. Criminal law – Evidence of children – Section 99(3) Magistrates Courts Act requires independent corroboration for unsworn child evidence; hearsay reports of third parties do not constitute corroboration – hostile witness – prior police statement not proved where witness recants – conviction unsafe without material corroboration.	27 July 1999
Bonus Kazooba v Levi Tugume (Civil Suit No.143 of 1993) (Civil Suit No.143 of 1993) [1999] UGHC 20 (15 July 1999) Speculative objections that counsel may be a witness must be pleaded; counsel not disqualified until actually called. Advocate professional conduct – counsel appearing for a company where he is company secretary – alleged likelihood of being called as witness – disqualification only when actually called; court cannot prevent speculative breaches; requirement to plead matters likely to take opposite party by surprise (Order 6 r.5 CPR); costs follow event.	15 July 1999
Rukiidi and 2 Others v Katuramu and 3 Others (H.C.C.S. NO. 598 OF 1996) [1999] UGHC 48 (13 July 1999) Whether Tooro regency exists and whether Orukurato validly appointed lawful regents — court upholds regency. Customary law – Regency in Tooro Kingdom – existence and codification in 1962 Constitution; Evidence Act ss.13 & 46 – proof of custom; Cultural institutions – capacity and composition of Orukurato to elect regents; Scope of regents’ authority – non‑ritualistic vs ritualistic functions; Testamentary/guardianship law – oral appointment ineffective; Judicial restraint – cultural disputes primarily for cultural assembly.	13 July 1999
Rukiidi and 2 Others v Katuramu and 3 Others (H.C.C.S. NO. 598 OF 1996) [1999] UGHC 49 (13 July 1999) Orukurato lawfully appointed regents; regents limited to non-ritual functions; plaintiff's challenge dismissed with costs. Customary law — Regency in Tooro — Existence and codification of regency in 1962 Constitution; Orukurato's capacity to elect regents; scope of regents' authority (non-ritual functions only); limits of oral testamentary appointments; standard of proof for custom under Evidence Act.	13 July 1999
Attorney General & Anor v Westmont Land (Asia) BHD & 2 Ors (Misc. Appl. Nos 593 & 595 of 1999) (Misc. Appl. No. 593 & 595 of 1999) [1999] UGHC 9 (6 July 1999) Abolition of entering appearance bars S.17 arbitration stay; defendant’s failure to file defence results in default judgment. Arbitration Act s.17 – stay pending arbitration; Civil Procedure Order 9 r.1B – objections to jurisdiction/service; abolition of entering of appearance (1998 amendments) – notice to defend ≠ appearance; default judgment for failure to file W.S.D.; adequacy of affidavit of service.	6 July 1999

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