|
Citation
|
Judgment date
|
| December 2003 |
|
|
Criminal law
|
18 December 2003 |
|
Criminal law
|
16 December 2003 |
|
Criminal law|Evidence Law
|
8 December 2003 |
| November 2003 |
|
|
Criminal law
|
27 November 2003 |
|
Plaintiffs entitled to unpaid terminal benefits; defendants jointly liable; award of Shs.482,463,910 plus 10% interest.
Employment law – terminal benefits – adequacy and admissibility of company calculations of entitlements – joinder of parties (Order 1 rules) – proof of damages – award of interest.
|
17 November 2003 |
|
Civil Procedure
|
13 November 2003 |
|
Land
|
12 November 2003 |
|
Labour and Employment Law|Termination and dismissal
|
12 November 2003 |
|
Plaintiffs entitled to unpaid terminal benefits as quantified in employer documents; first defendant rightly joined; interest and costs awarded.
Labour law – termination and terminal benefits – entitlement quantified by company documents – admissibility and weight of employer-prepared schedules; Civil procedure – joinder of parties – Order 1 Rules 3, 9 and 10; Remedies – declaratory relief, interest, refusal of unproven general damages; late joinder of Attorney General refused.
|
10 November 2003 |
|
Civil Procedure|Land
|
10 November 2003 |
|
Criminal law
|
6 November 2003 |
|
Criminal law
|
6 November 2003 |
|
Bail refused where applicant failed to prove statutory "exceptional circumstances" of grave illness or advanced age.
Bail — Trial on Indictments Decree s14, s14A — Exceptional circumstances required for listed offences — Grave illness must be certified by prison medical officer or supported by treatment records — Advanced age must be proved by primary or corroborative evidence — Burden of proof on applicant — Embezzlement (listed offence).
|
5 November 2003 |
|
The applicant recovered an unpaid overdraft; the court found guarantors liable and awarded interest and costs.
Banking law – recovery of overdraft – proof of advance and indebtedness – guarantees and security (mortgage, deposit of title) – demand notice – default judgment – joint and several liability – interest award.
|
3 November 2003 |
|
Administrative Law
|
3 November 2003 |
| October 2003 |
|
|
Contract Law|Breach of Contract
|
29 October 2003 |
|
Land
|
27 October 2003 |
|
Civil Procedure
|
23 October 2003 |
|
Civil Procedure
|
23 October 2003 |
|
Criminal law
|
15 October 2003 |
|
The court dismissed claims of fraud and mental incapacity in land transfer due to lack of evidence and awarded costs to the Defendant.
Land law – registration of titles – allegations of fraud and mental incapacity in execution of land transfers – burden of proof in fraud cases
|
7 October 2003 |
|
Partnerships|Dissolution of Partnership
|
2 October 2003 |
|
Criminal law
|
1 October 2003 |
| September 2003 |
|
|
Land
|
30 September 2003 |
|
Taxation law
|
22 September 2003 |
|
Criminal law
|
17 September 2003 |
|
Contract Law
|
5 September 2003 |
|
Criminal law
|
2 September 2003 |
|
Civil Procedure|Appeals and reviews|Late filing and extension of time to appeal
|
1 September 2003 |
|
Criminal law
|
1 September 2003 |
| August 2003 |
|
|
Civil Remedies|Temporary Injunction
|
28 August 2003 |
|
Contract Law|Breach of Contract
|
28 August 2003 |
|
Contract Law
|
28 August 2003 |
|
Civil Procedure
|
28 August 2003 |
|
Contract Law
|
27 August 2003 |
|
Civil Procedure
|
26 August 2003 |
|
Civil Procedure|Integrity of the person|HR
|
25 August 2003 |
|
Criminal law
|
20 August 2003 |
|
Evidence Law
|
20 August 2003 |
|
Criminal law
|
19 August 2003 |
|
Criminal law
|
12 August 2003 |
|
Civil Procedure
|
11 August 2003 |
|
Civil Procedure
|
6 August 2003 |
| July 2003 |
|
|
Criminal law
|
29 July 2003 |
|
Criminal law
|
25 July 2003 |
|
Family
|
22 July 2003 |
|
Application for substituted service dismissed for unreliable affidavits and insufficient service efforts.
* Civil procedure – substituted service – application must be supported by reliable affidavits demonstrating diligent, independent attempts to trace defendant.
* Civil procedure – service – process server must be authorised (advocate or approved clerk) or show proper authority to receive and effect service.
* Civil procedure – time limits – service must be effected within 21 days; extension requires application within prescribed period; failure may lead to dismissal.
|
14 July 2003 |
|
High Court held a Grade 1 magistrate’s award above statutory limit was void and substituted shs.1,200,000/= general damages.
Magistrates’ jurisdiction – pecuniary limits of Grade 1 magistrates (s.219) – award exceeding limit – exercise of jurisdiction not vested and nullity; Revision (s.84 Civil Procedure Act) – where trial order is void the High Court may re-evaluate evidence and substitute an appropriate award; Damages – wrongful arrest, humiliation and detention.
|
4 July 2003 |
|
Continued interdiction was unlawful due to procedural delay and partiality; interdiction lifted and withheld salary restored.
* Administrative law – public service interdiction – lawful authority to interdict where disciplinary or criminal proceedings pending under Public Service Commission Regulations. * Public service procedure – duty to conclude disciplinary proceedings speedily; obligation to consult Solicitor General/DPP and to submit proper documentation. * Decentralization/statutory interpretation – effect of SI No.52 of 1995 on staff status and disciplinary authority. * Remedies – lifting of unjustified interdiction and payment of withheld salary; refusal of general and punitive damages.
|
2 July 2003 |
| June 2003 |
|
|
Decree nisi granted for divorce based on husband's conversion and adultery; custody and maintenance awarded to the petitioner.
* Family law – Divorce – Conversion of spouse from Hinduism to Christianity as ground for divorce under Hindu Marriage and Divorce Act; * Adultery – proof by inference and unchallenged admissions – balance of probabilities; * Constitutional law – equality and non‑discrimination (Arts.21,31(1),33) and application of Art.273 to read Divorce Act gender‑neutrally; * Reliefs – custody, educational expenses, periodic maintenance and costs; * Decree nisi and timing for becoming absolute.
|
26 June 2003 |