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Citation
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Judgment date
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| January 2003 |
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Whether identification evidence sufficed to convict accused of aggravated robbery and defilement amid unreliable eyewitness testimony.
Criminal law – Aggravated robbery – elements: theft, violence, deadly weapon, participation/identification. Identification evidence – contradictions between police statements and court testimony; risk of mistaken ID at night; need for identification parade when identification arises post-arrest. Burden of proof – prosecution must disprove alibi. Sexual offences – proof of intercourse and victim’s age distinct from proof of identity of perpetrator.
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23 January 2003 |
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Acquitted where theft proved but violence, deadly-weapon use and accused’s participation were not proved beyond reasonable doubt.
Criminal law – Aggravated robbery – Ingredients: theft; accompanying violence; use or threat of deadly weapon (s.273(2)); participation of accused – Proof beyond reasonable doubt required. Evidence – Circumstantial evidence and recent possession – conviction cannot stand where accused gives plausible unrefuted innocent explanation. Identification – absence of eyewitness identification at scene weakens prosecution case.
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23 January 2003 |
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Forensic proof of poisoning established malice, but circumstantial and unreliable witness evidence failed to prove the accused’s guilt.
Criminal law – murder: elements to be proved beyond reasonable doubt; forensic evidence of poisoning establishes malice but not identity; circumstantial evidence must exclude reasonable hypotheses of innocence; witness credibility and motive to lie are critical.
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23 January 2003 |
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Conviction for rape upheld where victim's testimony, biting injury, and arrest fleeing scene proved lack of consent and identification.
Criminal law – Rape – Elements: carnal knowledge and lack of consent – slightest penetration sufficient. Evidence – Identification: arrest of fleeing suspect at scene and contemporaneous injuries as corroboration. Medical evidence – Police surgeon’s findings corroborating penetration and injuries. Sentencing – Balancing seriousness, protection of women, mitigating factors and time on remand.
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22 January 2003 |
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The accused was acquitted because the prosecution failed to establish a prima facie case or identify him as a perpetrator.
Criminal law – Robbery – Requirement of a prima facie case before calling accused to give defence – Identification evidence – Insufficient identification warrants acquittal; section 71(1) T.I.D. applied.
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15 January 2003 |
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Court allowed amendment to pleadings to show Central Bank sued in its capacity as liquidator; wrong procedure not fatal.
Civil procedure – Amendment of pleadings before trial – Leave to amend to specify capacity of defendant; wrong procedure not fatal where no jurisdictional defect or prejudice.
Civil procedure – Order 6 r.18 vs Order 1 r.10(2) – Substitution of parties and procedural form.
Statutory interpretation – Financial Institutions Statute 1993 s.32(2)(e) – Central Bank’s power to initiate, defend and conduct proceedings in its name; permissibility of suing Central Bank as liquidator.
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14 January 2003 |
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The accused convicted of murder on eyewitness identification and post‑mortem evidence and sentenced to death.
Criminal law – Murder – Elements: death, unlawful act, malice aforethought, participation; Identification evidence at night – reliability factors (torchlight, proximity, familiarity, consistency, prompt reporting); Post‑mortem corroboration of cause of death; Alibi – burden to prove and prosecution’s duty to refute.
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14 January 2003 |
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Accused convicted of murder on reliable eyewitness ID and post‑mortem evidence and sentenced to death.
Criminal law – Murder – proof of death, unlawful act, malice aforethought and participation – identification evidence at night – caution in identification – weight of post‑mortem report – mandatory death sentence.
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14 January 2003 |
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Plaintiff failed to prove kibanja ownership or losses; LC1 lacked jurisdiction so res judicata did not bar the suit.
• Civil procedure – res judicata – LC1 ex parte judgment – jurisdictional competence over land registered under the Registration of Titles Act.
• Property law – customary kibanja vs. caretaker occupation – evidentiary burden to prove kibanja interest.
• Trespass – requires entry without consent of owner; no trespass where claimant lacks ownership.
• Damages – special damages must be strictly pleaded and proved; credibility of witnesses crucial.
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6 January 2003 |
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Provocation and a belief in witchcraft negated malice, reducing an otherwise proven killing to manslaughter.
Criminal law – Murder and manslaughter – Admissibility and corroboration of confession – Circumstantial evidence – Provocation and belief in witchcraft as negating malice aforethought – Reduction of murder to manslaughter – Sentencing of a first offender.
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3 January 2003 |
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Whether respondent acquired part of the land by 12-year occupation; court upheld partial possession, corrected boundaries and costs.
Land law – adverse possession/limitation – proof of uninterrupted occupation for 12 years as basis for claiming part of land. Boundaries – locus in quo sketch preferred over contradictory courtroom diagram; physical demarcation controls. Evidence – admissibility and weight of hearsay and spousal testimony; credibility assessed by locus inspection. Costs – judicial discretion; costs should generally follow the event where no special reason to depart exists.
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1 January 2003 |
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Appellant proved November 1999 cattle trespass but failed to strictly prove special damages; awarded general damages, interest and costs.
Civil torts — trespass by straying cattle — proof on balance of probabilities; Special damages — must be specifically pleaded and strictly proved; Evidence — weight of contradictory witness statements; Locus in quo — limits and proper procedure; Appeal — appellate re‑evaluation of credibility where appropriate; Record certification — certified proceedings required but remedied by later certification.
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1 January 2003 |
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Default judgment: defendants liable for conversion of 63 cattle; plaintiff awarded Shs22,050,000 special, Shs2,200,000 general, interest and costs.
Civil law – conversion of chattels – unlawful sale of cattle – liability for value of converted animals. Civil procedure – failure to file defence – constructive admission and consequence for proof. Assessment of damages – quantification of special damages (market value) and award of general damages, interest and costs.
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1 January 2003 |
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The prosecution proved robbery and violence but failed to prove deadly-weapon aggravation; two accused convicted of simple robbery.
Criminal law – Robbery with aggravation – necessity to prove theft, violence and use/threat of deadly weapon or grievous harm; Identification evidence – voice and familiarity at night; Alibi – burden remains on prosecution to disprove; Conviction on lesser cognate offence (s.81 Trial on Indictment Act).
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1 January 2003 |