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Citation
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Judgment date
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| December 2000 |
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Unverified annexures do not vitiate an affidavit; alleged falsehood in the motion cannot be decided on preliminary objection.
Commissioner for Oaths Rules (Rule 8) – distinction between exhibits and annexures attached to affidavits – non-compliance procedural and does not void affidavit; unverified annexures inadmissible but affidavit remains competent. Preliminary objections – alleged falsehood in motion does not render supporting affidavit invalid; ownership disputes are substantive and not for preliminary determination.
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28 December 2000 |
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20 December 2000 |
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20 December 2000 |
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Revision dismissed after supporting affidavit struck out for including a forged annexure.
Civil procedure – revision – applicability of amended procedural rules depending on date of Gazette publication; Commissioner for Oaths – verification/sealing of annexures to affidavits and effect of omission; Evidence – forged annexure in supporting affidavit renders affidavit suspect and may be struck out under Bitaitana rule; Relief – dismissal of motion and costs.
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20 December 2000 |
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Suing selected members of an association without complying with Order 1 Rule 8 is impermissible; suit dismissed.
* Civil procedure – Joinder – Suit against association – compliance with Order 1 Rule 8 mandatory
* Associations – Non‑limited associations cannot be sued by selecting members without giving notice to all interested persons
* Company law – Limited liability company is a separate legal entity and must be sued in its name
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13 December 2000 |
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12 December 2000 |
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Applicant granted leave to defend summary suit after demonstrating an arguable defence and evidence of settlement of indebtedness.
* Civil procedure – Summary procedure (Order 33 rr.3–4) – Leave to defend – Test: whether applicant discloses facts sufficient and with particularity to raise a genuine defence. * Commercial law – Cheques – Whether cheques were security or payment; effect of bank drafts and cash payments on liability. * Appeals – Granting leave to appeal to the Court of Appeal on related procedural application.
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12 December 2000 |
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Court declared applicant still employed, awarded arrears, nominal special damages, general damages and interest for lack of valid termination.
Employment law – status of employment – whether employer validly terminated – absence of communication of termination – entitlement to arrears, damages and interest; Special damages – must be specifically pleaded and strictly proved; Remedies – declaration of employment, general damages, interest and costs.
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7 December 2000 |
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Identification upheld but improperly admitted PF3 negated proof of actual bodily harm, reducing conviction to common assault.
Criminal law – Identification at night – Quality of lighting, length of observation and proximity; contradictions – materiality of inconsistencies; Evidence – improper admission of Police Form 3 (photocopy) without medical evidence undermines proof of actual bodily harm; Conviction reduced from assault occasioning actual bodily harm (s.228) to common assault (s.227).
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5 December 2000 |
| November 2000 |
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RC statute permits next-of-kin representation without power of attorney; appeal dismissed for lack of merit.
Local councils (RC) courts — Resistance Councils (Judicial Powers) Statute 1988 s.15(2) — procedural flexibility; locus standi/representation by next of kin without power of attorney; limits on raising new issues on second appeal; factual findings and appellate interference; irrelevance/unenforceability not equal to illegality.
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30 November 2000 |
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Court refused to reject plaint where allegations of fraud, ministerial consent and statutory change required full trial and evidence.
* Civil procedure – Order 7 preliminary objection – limits on rejecting a plaint where questions of fraud, statutory interpretation and ministerial consent arise requiring evidence.
* Land law – validity of transfers to non‑Africans; effect of subsequent Land Act and potential saving clauses or retrospective validation.
* Locus standi – whether plaintiff falls within categories in s.184 Registration of Titles Act or claims deprivation by fraud.
* Appeal/leave to appeal – court’s discretion to allow leave where interlocutory questions of law and fact arise.
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28 November 2000 |
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Accused participated in a mob killing; compulsion rejected but intoxication raised doubt on intent, convicted of manslaughter and sentenced to 12 years.
* Criminal law – Homicide: proof of death and unlawful killing; malice aforethought requirement for murder.
* Criminal law – Common intention: inferences from presence, conduct and failure to dissociate at a mob attack.
* Criminal law – Defence of compulsion (s.16 Penal Code): applicability and evidential burden.
* Criminal law – Intoxication: effect on capacity to form intent to kill and burden on prosecution to disprove incapacity.
* Sentencing: manslaughter substituted where malice not proved; factors: public interest against mob justice, first offender, age, remand credit.
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23 November 2000 |
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Conviction for defilement upheld on child’s credible unsworn evidence corroborated by mother and medical report; 13 years imprisonment.
Criminal law – Defilement (s.123 Penal Code Act) – Elements: age, sexual intercourse, identity – Child witness evidence and voir dire – Corroboration by mother’s contemporaneous observations and medical report – Accused’s impotence claim contradicted by medical exam – Conviction and custodial sentence.
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23 November 2000 |
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Receivers in possession for a mortgagee cannot object to attachment as owners; objectors must prove possession on their own account.
• Civil procedure – Attachment – Objections under CPR O.55 and O.57 – burden on objector to prove possession on own account.
• Receivers/Managers – possession by receivers appointed by mortgagee – possession held on behalf of appointing mortgagee not personal proprietary interest.
• Scope of inquiry under O.55/O.57 – primarily possession, not ultimate questions of title or beneficial ownership.
• Relief – release of attached property where objector fails to show requisite proprietary interest.
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1 November 2000 |
| October 2000 |
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Son and widow have locus to sue; interlocutory judgment under Order 9 R.6 set aside; defendants 1–6 held trespassers and ordered evicted with damages.
• Civil procedure – interlocutory judgment under Order 9 Rule 6 – inapplicable where subject matter is immovable property and therefore quashed.
• Land law – succession and title – devise by will and proof by probate and municipal records establishes succession to kibanja.
• Tort – trespass to land – licence terminated by notice; continued occupation renders occupier a trespasser.
• Remedies – declaration of trespass, eviction, demolition of illegal structures, mesne profits and general damages – quantification and apportionment among multiple trespassers.
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31 October 2000 |
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Petitioner entitled to winding up where insurer refused payment under a valid performance bond and failed to satisfy statutory demand.
Companies law – winding up under s.222(e) – performance bond liability – validity of bond executed by power of attorney – independence of bond from primary contract – failure to plead fraud – demand served and failure to pay establishes inability to pay debts.
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26 October 2000 |
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Court refused to set aside counsel-negotiated settlement without proof of lack of authority or abuse of process.
* Civil procedure – Setting aside consent orders – application under section 101 CPA and section 35 Judicature Statute – requirement to show abuse of process, unfairness or lack of authority to justify interference with counsel-negotiated compromise.
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26 October 2000 |
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Appeal dismissed for lack of service; tribunal correctly required proof rather than entering default money judgment.
Tax appeals – default judgment – respondent in default – service of notice of appeal – necessity of service even where respondent was excluded; Claim characterized as liability issue not liquidated sum – requirement of formal proof; Tribunal entitled to hear case ex parte and take evidence.
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17 October 2000 |
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Court ordered arbitration of disputes under loan agreement and articles, reserving court remedies and requiring completion within 30 days.
Arbitration — stay of court proceedings — applicability and enforceability of arbitration clauses in loan agreements and articles of association — scope of disputes arbitrable where shareholder oppression and alleged asset-stripping implicated — interaction of Arbitration and Conciliation Act (sections 6 and 10) with court jurisdiction.
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16 October 2000 |
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16 October 2000 |
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An amended plaint filed after Order 6 r1’s amendment must include mandatory appendages or will be struck out with costs.
Civil procedure – Amendment of pleadings – Order 6 r 1 requirements – Amended plaint filed after rule amendment must be accompanied by summary of evidence, list of witnesses, list of documents and authorities – Non-compliance fatal – Pleadings struck out with costs.
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13 October 2000 |
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Plaintiff failed to prove a binding contract or payment of USD 15,000; suit dismissed with costs.
Contract law – burden of proof in oral commercial dealings – absence of written documentation and original transaction evidence – insufficiency of bank transfer records alone to prove binding contract or payment; Civil procedure – dismissal for failure to prosecute; evidential rules on tendering original documents.
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2 October 2000 |
| September 2000 |
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Order 37 requires the property to be shown as disputed in the suit; application dismissed for non-compliance.
* Civil Procedure – Order 37 r1(a) – temporary injunction to preserve property – requirement that property be shown as property in dispute in the suit.
* Civil Procedure – Order 37 r2(1) – temporary injunction in suits to restrain breach of contract or other injury – requirement that main suit seeks such relief.
* Preservation of status quo – affidavit and pleadings must show subject-matter nexus to main suit.
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14 September 2000 |
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Court allowed adding Administrator General as appellant where omission was inadvertent and not time‑barred.
Civil procedure – amendment of parties – addition/substitution of parties under Order 1 r.10 and Order 6 r.18 – inadvertent omission – effect on service and limitation – representation following change of advocates.
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11 September 2000 |
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Publication linking the plaintiffs’ vehicle to rebels was defamatory; plaintiffs awarded general damages, punitive damages denied.
Defamation (libel) – publication imputing treasonable conduct – actionable per se; burden of proof – falsity and malice presumed, defendant must prove truth; special damages – strict proof required; general damages – effect on reputation requires third‑party evidence; punitive damages – awarded only where conduct warrants punishment; apology/offer and failure to follow up relevant to costs.
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8 September 2000 |
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Newspaper publications imputing criminal/rebel activity to plaintiffs' car were defamatory; general (but not special or punitive) damages awarded.
Defamation – publications imputing criminal/rebel activity by vehicle registration – defamatory per se; burden on publisher to justify truth; strict proof required for special damages; reputational evidence required for aggravated/general quantum; punitive damages not appropriate absent aggravating conduct.
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8 September 2000 |
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Applicant failed to prove respondent’s fraud; respondent was a bona fide purchaser and suit dismissed with costs.
Land law – sale by bank after mortgage default – caveat – allegation of fraud against transferee – higher standard of proof for fraud – bona fide purchaser for value – protection under s.189 RTA – burden of proof on alleging party.
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6 September 2000 |
| August 2000 |
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Medical inconsistency and lack of corroboration created reasonable doubt, resulting in acquittal for alleged defilement.
Defilement — ingredients and burden of proof; child witness (tender years) — requirement for corroboration; weight of medical evidence on recent intercourse; reliance on eyewitness testimony; reasonable doubt and acquittal.
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25 August 2000 |
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Interdiction and retirement in public interest were unlawful where staff regulations and right to be heard were breached.
Employment law – interdiction and retirement in public interest – staff regulations as part of contract – requirement to comply with specific grounds in regulations – audi alteram partem/constitutional right to fair hearing – damages for wrongful retirement.
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14 August 2000 |
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Acquittal upheld where proved pretence differed from particulars; overly lenient fine for forgery replaced by 12 months custody.
Criminal law – Forgery and uttering false documents – Sentencing discretion – Imposition of fine where statute contemplates imprisonment without option – appellate interference; Criminal procedure – Particulars of charge – variance between particulars and proof fatal to indictment for obtaining by false pretences.
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11 August 2000 |
| July 2000 |
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Plaintiff entitled to vacant possession; registrar’s cancellation of title invalid without clear court order.
Land law – title disputes – effect of cancelled registration; Registrar of Titles cannot cancel certificates absent clear court order; probative value of unendorsed documents; entitlement to vacant possession where defendants’ claims unproven.
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14 July 2000 |
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Plaintiff entitled to vacant possession where defendants failed to prove superior title and trial magistrate erred on evidential findings.
* Land law – trespass/eviction – entitlement to vacant possession where defendant fails to prove superior title. * Evidence – unendorsed/unexhibited documents have no probative value; awards of special damages must be specifically pleaded and proved. * Title/caveats – Registrar cannot cancel certificates of title by implying such power from a court order reinstating caveats in absence of express direction. * Pleadings and evaluation of credibility – trial magistrate’s misdirection remedied on appeal.
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14 July 2000 |
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Respondent defaulted on an equitable mortgage; plaintiff entitled to Shs.51,626,095 and foreclosure/sale if unpaid.
Mortgage Decree (No.17 of 1974) – equitable mortgage by caveat – breach of covenant to pay – determination of amount due – foreclosure and sale under Sections 7 and 8 – substituted service and ex parte proceeding.
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12 July 2000 |
| June 2000 |
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A carrier was held liable for a fatal bus accident; damages awarded despite missing receipts for claimed expenses.
Motor vehicle accidents – Carrier liability for passenger injury and death; fare‑paying passengers; proof of special damages where receipts lost; assessment of general damages for loss of expectation of life and personal injuries; joinder/third‑party allegations not pursued do not absolve defendant.
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23 June 2000 |
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Whether the applicant could reject defective tractors, claim refund or replacement, and apportion repair costs.
* Contract law – sale of goods – formation of contract to supply tractors; applicability of bridging payments and bank financing to establish contract. * Sale of goods – defective goods and rejection – buyer’s right to demand remedy, rescind purchase and claim refund. * Remedies – delivery, refund, and election to receive goods or implements; calculation of refund after apportionment of repair costs. * Apportionment of liability – contributory responsibility for deterioration and split of repair costs. * Interest on judgment – award of 12% from date of filing. * Civil procedure – Court of Appeal: extension of time to file notice of appeal (granted).
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13 June 2000 |
| May 2000 |
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Summary dismissal upheld where plaintiff likely implicated in cheque fraud; wrongful dismissal claim dismissed; loan set-off ordered.
Employment law – wrongful dismissal – summary dismissal justified for serious breach of duty including dishonesty and negligence; onus on employee to prove wrongful termination on balance of probabilities; employer entitled to set off outstanding loan from terminal benefits and retain title until repayment.
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26 May 2000 |
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25 May 2000 |
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25 May 2000 |
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Child’s unsworn testimony and medical and eyewitness corroboration led to conviction for defilement.
Criminal law – Defilement – Elements: age, penetration, identity; Child witness – unsworn testimony requiring corroboration; Single-witness identification – need for testing and corroboration; Medical evidence – PF3 corroborating penetration; Defence alibi and lies – lies may corroborate identification when inconsistent with innocence.
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24 May 2000 |
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Registered title obtained by fraud was cancelled; administrator’s title restored and respondent ordered to disgorge rents and pay costs.
Property law – Registered title – Impeachment for fraud – Fraud must be strictly pleaded and proved on balance of probabilities – Transferee’s title impeachable where transferee committed or took advantage of fraudulent act – Relief: cancellation of title, registration in administrator’s name, recovery of rents, costs.
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18 May 2000 |
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Right to a share in an intestate estate accrues on grant of letters of administration, so Limitation Act s.21 did not bar the claim.
Limitation Act s.21 — accrual of claim to an intestate estate; Succession Act — letters of administration determine accrual date; Pleadings/joinder — plaintiff’s choice of defendants and amendment/withdrawal with leave.
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5 May 2000 |
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Embezzlement and financial-loss counts failed for lack of UNEB evidence; abuse of office conviction upheld.
Criminal law – embezzlement (s.257): requirement to prove employer–employee or fiduciary relationship and ownership; Criminal law – causing financial loss (s.258): necessity of proving "loss" via victim evidence; Criminal law – abuse of office (s.83): diversion of funds as arbitrary act prejudicial to victims; Evidence – failure to call victim institution (UNEB) can be fatal to proving ownership and loss; Compensation orders must be grounded in proven convictions and specified statutory basis.
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4 May 2000 |
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Appellant’s embezzlement and financial-loss convictions quashed for lack of victim evidence; abuse of office conviction upheld.
Criminal law – embezzlement (s.257) – failure to call the alleged owner/victim fatal to proving employer relationship and theft; Criminal law – causing financial loss (s.258) – victim evidence required to prove loss and its quantum; Criminal law – abuse of office – diversion of funds causing prejudice to students proved arbitrary act; Compensation under Penal Code (s.259) depends on valid convictions and specified basis.
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4 May 2000 |
| April 2000 |
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Supplier entitled to unpaid Shs.101,032,000; dollar/exchange claims dismissed; interest and costs awarded to plaintiff.
Contract law – Supply of goods – Contract performed by supplier; government/UPDF paid only 50% and late – Breach and liability. Pleadings and documents in Uganda shillings – dollar/exchange-rate claim rejected. Liquidated demand – interest awarded at 6% from 19 June 1998; no separate general damages. Costs awarded to plaintiff.
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24 April 2000 |
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Plaintiffs failed to prove spoken or published words were defamatory; claim dismissed with costs.
* Defamation – proof of words – requirement to prove words were uttered as pleaded and that they bear a defamatory meaning referring to the plaintiff.
* Publication – reference to an ascertainable group – readership may identify intended persons but identification alone does not make material defamatory.
* Context and meaning – distinction between ideological comparison and imputations of criminal conduct determines defamatory character.
* Remedies – failure to prove defamatory meaning or reference defeats claim for damages.
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12 April 2000 |
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Circumstantial evidence failed to exclude innocence; prosecution did not prove the accused caused the strangulation, so they were acquitted.
Criminal law – Murder: elements (death, unlawfulness, malice aforethought, causation) – Circumstantial evidence – burden to exclude reasonable hypotheses of innocence – failure to prove identity/causation – acquittal.
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7 April 2000 |
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Criminal law|Evidence Law|Burden of Proof|Witness Testimony
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4 April 2000 |
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Circumstantial evidence proved unlawful killing but lacked malice, resulting in a manslaughter conviction and 11-year sentence.
* Criminal law – Homicide – Distinction between murder and manslaughter – requirement of malice aforethought; * Circumstantial evidence – sufficiency and inferences – Simon Musoke/Teper principles; * Post-mortem evidence – causal link to head injury; * Sentencing – considerations of age, first offender status, remand credit.
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4 April 2000 |
| March 2000 |
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The court confirmed the respondent's lawful ownership and dismissed fraud allegations, granting a permanent injunction.
Property Law - land title - fraud allegation - customary tenants - injunction and costs in land disputes.
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31 March 2000 |
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Criminal law|Evidence Law|Burden of Proof|Witness Testimony
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31 March 2000 |