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Citation
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Judgment date
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| December 2005 |
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Construction of a public road through private land without agreement or compensation amounted to unlawful trespass and deprivation of constitutional property rights.
Land law; trespass – construction of public road across private land without agreement; breach of Land Act s.73(1) and Article 26 constitutional protections; compulsory acquisition and compensation; proof of special damages; exemplary damages for arbitrary state conduct.
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31 December 2005 |
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Court found the Army driver negligent, held the defendant vicariously liable, and awarded damages for grievous injuries and loss.
* Road traffic accident – negligence – failure to stop at stop/yield sign – driver emerging from side road at speed.
* Vicarious liability – servant acting in course of employment – prima facie case and burden on employer to rebut.
* Contributory negligence – defence must prove specific allegations; no evidence found to establish contribution.
* Damages – proof of grievous personal injuries, loss of earnings and special damages; interest and costs awarded.
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22 December 2005 |
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Defendants' application for leave to appeal an interlocutory ruling was refused as it would delay, not advance, the case.
Civil procedure – interlocutory orders – leave to appeal – appeals discouraged unless controlling question of law or immediate appeal materially advances litigation; consent orders conditional; stay of proceedings not granted.
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21 December 2005 |
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Part payment vests beneficial interest in purchaser; vendor's sale to third parties warrants refund, interest and costs.
* Sale of land – part payment – vendor becomes trustee in equity for purchaser – beneficial interest vests on part payment (Lysaght v Edwards).
* Breach by vendor selling to third parties – remedies include restitution, specific performance or damages.
* Unregistered contractual interest – may give right to damages where specific performance is impossible.
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20 December 2005 |
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Appeal dismissed; conviction and imprisonment upheld; ejectment order lacked statutory basis and warrant may issue under section 92.
Criminal appeal – trespass and willful occupation – claim of right (bibanja) – credibility of evidence – appeal record completeness – sentencing not shown on record cannot be challenged on appeal – Magistrate’s order for ejectment must be grounded in proper statutory authority (s.92) – direction to issue warrant if convict still occupying land.
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19 December 2005 |
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Conviction quashed where circumstantial evidence failed to prove accused knowingly uttered a forged cheque.
* Criminal law – Circumstantial evidence – conviction valid only if facts are incompatible with innocence and exclude every reasonable hypothesis other than guilt. * Burden of proof – prosecution must prove guilty knowledge; accused need not prove innocence. * Offences – uttering a false document, obtaining by false pretences, abuse of office – proof requires culpable knowledge. * Duty to call key witnesses – failure to call material witness can undermine prosecution case.
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19 December 2005 |
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Court held a consent order was interlocutory and retained jurisdiction to determine compliance; defendants' objection overruled.
Consent order — Interlocutory versus final judgment — Court's jurisdiction to determine compliance with consent orders — Proceedings to continue on pleadings as at date of consent order — Objection that consent order is final overruled with costs.
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14 December 2005 |
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Applicants demobilised from a security service entitled to unpaid terminal benefits; court awards damages, interest and costs.
* Employment law – status of security operatives – demobilisation versus lawful termination
* Remedies – terminal benefits, pension, gratuity, arrears, allowances and general damages
* Limitation/time bar – pleadings, admitted facts and exhibit defeating time‑bar defence
* Evidence – absence of respondent's evidence and lack of pleaded cause for summary dismissal
* Relief – award of damages, interest and costs
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12 December 2005 |
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Plaintiffs authorized to cut burnt trees breached terms by cutting live trees; seizure under Forests Act was lawful.
* Forests Act – authorization to harvest burnt trees – contractual evidence by applications, demand notes and receipts – scope limited to burnt timber.
* Illegal encroachment – cutting live trees reserved for licensed sawmillers – breach of contract and contravention of section 13 of the Forests Act.
* Seizure of forest produce and implements – lawful under section 26 where officers reasonably suspect forfeiture; seizure by defendant’s enforcement officers was in course of employment.
* Remedies – return of tools of trade; illegally harvested timber to be sold by public auction by Forest Authority.
* Evidentiary burden – special damages and counterclaims must be strictly proved.
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9 December 2005 |
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A power of attorney did not authorize using donor’s land to guarantee a third party’s loan; registered revocation defeated the mortgage.
Power of Attorney – strict construction; authority to pledge land only for donee’s borrowings; no authority to guarantee third-party loans; revocation of power of attorney registered prior to mortgage registration defeats subsequent charge; corporate veil not lifted where no fraud or agency established; mortgage invalid where based on unauthorized power.
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9 December 2005 |
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Employee lawfully dismissed for misconduct; retirement-style terminal benefits not payable when termination is disciplinary.
* Employment law – dismissal for misconduct – presetting of meter and creation of 'ghost supply' – requirement of fair hearing and natural justice.
* Interpretation of Standing Orders – distinguishing retirement/repeal benefits (Standing Order No.54) from ordinary termination benefits (Standing Order No.8).
* Remedies – damages for wrongful dismissal not awarded where termination is lawful and correct benefits paid.
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8 December 2005 |
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Conviction for defilement where medical evidence and victim identification corroborated penetration and accused's identity.
* Criminal law – Defilement – elements: age of victim, sexual intercourse (penetration), accused’s responsibility. * Medical evidence – bruise on labia minora as corroboration; intact hymen does not preclude penetration. * Identification – victim picking out accused at arrest as proof of identity despite no formal parade. * Burden of proof – prosecution must prove offence beyond reasonable doubt. * Fabrication defence – assessed against sequence of independent discovery by teachers.
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2 December 2005 |
| November 2005 |
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Pre-judgment interest does not automatically push a magistrate‑court claim beyond jurisdiction; magistrate may decree principal and state interest percentage.
* Civil procedure – Jurisdiction of magistrates’ courts – Whether pre-judgment interest converts a claim beyond monetary jurisdiction. * Interpretation of s.26 Civil Procedure Act – distinction between pre‑filing (substantive) interest and post‑filing/judgment discretionary interest. * Interest – percentage as non‑quantum; magistrate may state interest rate without decreeing resultant large sum. * Execution and decree quantification deferred to post‑judgment procedures.
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30 November 2005 |
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Court referred a constitutional bail question to the Constitutional Court and granted the applicant interim bail pending determination.
* Constitutional law – Bail – Interpretation of Article 23(6): right to apply for bail and automatic release where remand exceeds constitutional periods.* Constitutional supremacy – Statutory bail provisions inconsistent with Article 23(6) must yield (Article 273).* Constitutional procedure – Mandatory referral to the Constitutional Court under Article 137(5)(b) when a party requests determination of a substantial constitutional question.* Interim bail – granted pending constitutional determination subject to undertakings, sureties, surrender of travel documents and reporting conditions.
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25 November 2005 |
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Applicant’s dismissal upheld: written explanations and documentary evidence sufficed; no denial of fair hearing proved.
Administrative law – dismissal from public service – natural justice – adequacy of written explanation in lieu of oral hearing; misconduct (dishonesty) supported by audit evidence; discretionary nature of oral hearing.
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22 November 2005 |
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Father appointed guardian to access trust funds for minors where appointment served the children’s best interests.
Family law – Guardianship – Appointment of parent as guardian to enable access to trust funds left by deceased parent – Best interests of the child – Procedural requirement for minors’ attendance at hearing.
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22 November 2005 |
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Mis-citation of the enabling provision for extending appeal time is an amendable irregularity; Section 79(1) CPA governs extensions.
Civil procedure – Extension of time to appeal – Proper enabling provision – Order 47 r.6 CPR limited to periods fixed by Rules or Court – Section 79(1) Civil Procedure Act governs appeals and permits extension – Mis-citation of enabling law an irregularity amendable by court.
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15 November 2005 |
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A Letters of Administration granted without jurisdiction is void; claims founded on it disclose no cause of action and may be dismissed.
Administration of estates – Jurisdictional limit of Chief Magistrate under s.2(1)(c) (Shs.100,000) – Grant of Letters of Administration issued without jurisdiction is null and void and revocable; Effect of invalid grant on plaintiff’s cause of action against bank and Administrator General; Preliminary objections of lack of jurisdiction and alleged fraud in grant.
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14 November 2005 |
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Convictions and concurrent sentences for corruption and unlawful documents affirmed despite conflicting forensic evidence; compensation order set aside.
Criminal law – making documents without authority; forgery/author identification; forensic document examination – sequence of writings and intersecting ink analysis; weight of conflicting expert evidence; appellate re-evaluation of trial findings; sentencing – concurrency and proportionality; Magistrates’ Courts Act s.209(1) – scope of compensation orders.
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11 November 2005 |
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Interdiction that exceeds personnel manual limits is unlawful, but a properly conducted disciplinary hearing can validate subsequent termination.
Employment law – interdiction/suspension – breach of employer’s personnel manual where interdiction exceeded six months and 12-month cap; natural justice – fair hearing before disciplinary committee suffices for lawful termination; defamation – claimant must prove publication by defendant and particularise defamatory words; remedies – unpaid interdiction pay, general damages for unlawful interdiction, interest and costs.
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9 November 2005 |
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Court revoked letters of administration obtained by fraud, cancelled the land transfer and restored title to the deceased.
• Succession Act – grant of Letters of Administration – revocation under s.234 where grant obtained by fraud.
• Probate and succession – locus standi – consanguinity and priority of siblings over more remote kindred.
• Fraud – civil standard of proof (strict on balance of probabilities) applicable to revocation of administration grants.
• Land registration – cancellation of transfer instrument procured via fraudulent probate proceedings.
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4 November 2005 |
| October 2005 |
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Court appointed relatives as legal guardians, prioritising children's welfare and allowing removal abroad despite absent father's consent.
* Family law – Guardianship and custody – Appointment of relatives as legal guardians – Welfare principle under the Children Act as paramount consideration. * Evidence – Probation and welfare officer’s report and parental consent as material factors in guardianship decisions. * Family law – Dispensation of absent biological father’s consent where father has abandoned children. * Family law – Authority to remove minors from jurisdiction granted to guardians while minors.
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21 October 2005 |
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Protracted settlement negotiations do not constitute a disability to toll limitation; claim dismissed as time‑barred.
Civil procedure – res judicata – requirements for issue to be barred by prior suit; Limitation – whether protracted settlement negotiations amount to "disability" excusing delay – held not to amount to disability; Pleadings – consequence of suit being time‑barred – plaint rejected.
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19 October 2005 |
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Registered title and long possession establish plaintiff's ownership; defendant's late claim is unlawful and amounts to trespass.
Land law – Title and possession – Registered title and long, undisturbed possession establish ownership – Late unpleaded claim by defendant held unlawful – Survey, subdivision or sale by trespasser ineffective – Unpleaded special damages not awardable but may be taxed as costs.
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17 October 2005 |
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Bank lawfully recalled loan after borrower’s default but unlawfully debited account; plaintiff awarded general damages and partial costs.
* Contract law – Loan agreement – repayment schedule as condition – default permits lender to recall and realize security under contractual clause.* Banking law – unauthorized debits/crediting third-party accounts – bank must prove entitlement to debit customer account; burden may shift under evidence law.* Civil procedure – requirement to plead particulars (Order 6) for allegations of undue influence, fraud or breach of trust.* Remedies – special damages must be specially pleaded and proved; general damages and costs may be awarded for wrongful debiting.
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13 October 2005 |
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Interdiction during CID/DPP investigations was justified under Rule 36; no prior administrative hearing was required and judicial review relief was refused.
* Judicial review – prerogative remedies – certiorari, prohibition and mandamus – discretionary relief.
* Public service law – interdiction under Rule 36 of Public Service Commission Regulations – grounds and procedure.
* Administrative law – natural justice – requirement (or not) of prior hearing where criminal investigations are ongoing.
* Constitutional roles – Attorney General, Solicitor General, Police and DPP interaction in public officer interdiction.
* Burden of proof – applicant’s duty to show status of criminal and disciplinary processes before court will grant relief.
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10 October 2005 |
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Publication of false allegations of criminality was defamatory; defendant personally liable, Attorney General not vicariously liable.
Defamation – publication and admissibility of memorandum; imputing criminality actionable per se; vicarious liability – scope of employment; qualified privilege – reciprocity of interest and malice; damages – general vs exemplary.
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7 October 2005 |
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Objectors failed to prove lawful possession or a defence to execution; appeals dismissed with costs.
Civil procedure – execution of decree – objector proceedings – necessity to prove lawful possession or adverse possession at attachment; Service and default judgment – requirement of proper proof of service and absence of good cause to set aside; Affidavit evidence – severability and evaluation of annexures; Proprietary claims – remedy for value of improvements is by separate suit; Authority: Patel v Patel (possession on behalf of another).
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5 October 2005 |
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Civil Procedure
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4 October 2005 |
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Plaintiff entitled to US$1,100,000 (including US$60,000) plus 25% interest; judgment entered with costs.
Debt and enforcement – Consent judgment and memorandum of agreement establish indebtedness; treatment of advance deposit – US$60,000 held to form part of debt; lease renewal – authority of director questioned; relief – payment of US$1,100,000 with 25% interest and costs.
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1 October 2005 |
| September 2005 |
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Consent order granting letters of administration, vacating caveat, allocating estate properties and ordering payment to the applicant.
* Administration law – Grant of letters of administration by consent – caveat vacated; * Estate division – Consent allocation of specific immovable properties between applicant and respondents; * Compensation – payment obligation for acquisition of applicant's interest in kibanja; * Consent judgment – court recording and entering parties' settlement as order.
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30 September 2005 |
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Court appointed parents guardians for the limited purpose of mortgaging jointly owned land as being in the children’s best interests.
Guardianship — Appointment of parents as guardians for a specific purpose — Whether limited guardianship to permit mortgaging jointly owned land is in the best interests of the children.
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27 September 2005 |
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Adoption granted where petition complied with statutory requirements and child’s welfare; registration required within 21 days.
* Adoption law – statutory compliance and the paramount welfare principle – sufficiency of parental and spousal consents, probation/social welfare recommendation, and supporting documentation – mandatory registration of adoption order within specified timeframe.
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27 September 2005 |
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State held vicariously liable for unlawful LDU shooting; damages and apportioned liability awarded to the plaintiff.
State vicarious liability; unlawful use of state-issued arms by LDUs; course of employment; apportionment of liability; damages for grievous bodily harm.
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21 September 2005 |
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Accused convicted of murder: eyewitness accounts and injury pattern proved killing and malice despite excluded medical report.
* Criminal law – Murder – proof of death and cause by lay witnesses where post-mortem evidence excluded; identification at scene by eyewitnesses including child witness; malice aforethought inferred from weapon, manner of attack and injuries; alibi negatived; grudge allegation insufficient to displace credible prosecution evidence.
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16 September 2005 |
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Whether the prosecution proved all elements of murder and specifically the accused’s personal participation in the fatal assault.
Criminal law – Murder – elements: death, unlawful killing, malice aforethought and causation; inference of malice from nature and extent of injuries; reliability of eyewitness identification; prosecution’s burden to prove accused’s participation beyond reasonable doubt.
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15 September 2005 |
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Accused convicted of defilement of a 13-year-old relative; medical and witness corroboration supported conviction and eight-year sentence.
Defilement — elements: age of victim, unlawful sexual intercourse, identification of assailant; corroboration by medical and witness evidence; evaluation of alibi/total denial; sentencing considerations — relationship to victim, gravity, youth, remand credit.
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15 September 2005 |
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Death was unlawful but malice not proved; accused convicted of manslaughter and sentenced to seven years.
Criminal law – Homicide: proof of death and unlawfulness; murder vs manslaughter – malice aforethought; circumstantial evidence – Simon Musoke test; disappearing conduct and admissions as inference of guilt; sentencing – youth and remand period.
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15 September 2005 |
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Medical and witness evidence established that the accused unlawfully had sexual intercourse with a girl under 18; convicted and sentenced to three years.
* Criminal law – Defilement – Elements: age, penetration, and participation – proof beyond reasonable doubt. * Evidentiary issues – Corroboration by medical evidence – recent hymenal rupture and traumatic vaginal inflammation as proof of penetration and use of force. * Capacity to marry – minority prevents lawful marriage; subsequent marriage does not absolve prior defilement. * Sentencing – mitigation for first offender and lengthy remand custody may significantly reduce sentence for serious sexual offences.
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14 September 2005 |
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Accused convicted of defilement: age, penetration and identity proved; sentenced to 15 years imprisonment.
Criminal law – Defilement (s.129 Penal Code) – Elements: age, penetration, identity; proof by victim’s testimony corroborated by medical and parent/relative examination; prompt complaint and proximity as identity evidence; defences of alibi/grudge/denial rejected; sentencing balance between deterrence and mitigation.
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14 September 2005 |
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Medical, documentary and eyewitness evidence proved defilement; the accused was convicted and sentenced to ten years.
Criminal law – Defilement: elements – age of victim, penetration and identity; medical evidence and birth certificate admissible under s66 Trial on Indictments Act; corroboration by third-party eyewitness; alibi and grudge defences rejected; sentencing considerations – aggravation, remand, lack of prior record.
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14 September 2005 |
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Whether the prosecution proved defilement beyond reasonable doubt and the appropriate custodial sentence for the convicted accused.
Criminal law – Defilement (s.129(1) Penal Code) – elements: victim under 18, penetrative intercourse, accused's participation; Evidence – medical corroboration and immediate complaint; Identification – daylight, known assailant; Sentence – aggravating (seriousness, breach of trust) and mitigating (youth, first offender, time served).
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14 September 2005 |
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Rape of a mentally impaired complainant proved by medical and single‑witness identification; accused convicted and sentenced to seven years.
* Criminal law – Rape – Proof of penetration and lack of consent by medical and circumstantial evidence where complainant is mentally impaired. * Criminal procedure – Evidence admitted under s.66 Trial on Indictments Act deemed proved. * Identification – Single-witness identification at night; Nabulere principles applied. * Sentencing – seriousness of rape of a mentally impaired person balanced against first‑offender status and lengthy remand.
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14 September 2005 |
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Accused convicted of defilement where medical and testimonial evidence established the victim was under 18 despite claimed marriage.
* Criminal law – Defilement – elements: victim under 18, unlawful sexual intercourse, accused's participation; sufficiency of proof.
* Evidence – proving age: birth certificate preferred; in its absence, medical assessment, witness testimony, school status and judicial observation may suffice.
* Consent and purported marriage – alleged marriage to a minor does not negate defilement.
* Sentencing – exercise of discretion with regard to remand period and lack of previous convictions.
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12 September 2005 |
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Conviction for defilement based on medical evidence, child testimony and corroboration including accused’s flight.
Criminal law – Defilement – elements: age of victim, unlawful (penetrative) sexual intercourse, identity of perpetrator – Evidence: medical report (ruptured hymen), child of tender years’ testimony, corroboration by independent witness and conduct of accused (flight) – Defence: alibi and denial rejected – Sentence: 15 years imprisonment (credit for remand).
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6 September 2005 |
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Council’s irregular referral and Commission interdiction breached audi alteram and statutory procedure; certiorari granted and damages awarded.
Administrative law – Judicial review – Certiorari to quash administrative decisions for breach of natural justice and statutory procedure; Local Governments Act – requirement of prescribed notice and two‑thirds majority for council resolutions to remove a CAO; jurisdictional limits of District Service Commission's interdiction powers.
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1 September 2005 |
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Whether taxed interlocutory costs can be executed independently once the main suit orders parties to meet their own costs.
Interlocutory costs; execution of taxed costs; discretion under section 27(1) Civil Procedure Act; relation between interlocutory taxed costs and final costs order; registrar’s direction to retain taxed bill; Devram Nanji Dattani principle.
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1 September 2005 |
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Conviction for defilement where age, penetration and identity were proved; sentenced to six years imprisonment.
* Criminal law – Defilement – Elements: victim’s age, penetration, identity – Proof beyond reasonable doubt. * Evidence – Medical evidence and parental examination as corroboration of penetration. * Evidence – Alibi and grudge defenses; collapse of alibi. * Evidence – Poorly recorded caution statement held to lack evidentiary value. * Sentencing – youth, prior juvenile caution, remand credit, and deterrence considerations.
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1 September 2005 |
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Victim’s age, penetration and accused’s identity proved beyond reasonable doubt; accused convicted of defilement and sentenced to nine years.
* Criminal law – Defilement – Elements: victim under 18, penetration, identity of accused. * Evidence – Medical report admissible under section 66 memorandum and deemed proved. * Identification – Daylight discovery and immediate arrest as strong corroboration. * Sentencing – Balancing aggravating factors (victim’s age, public interest) and mitigation (accused’s youth, remand).
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1 September 2005 |
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Accused convicted of defilement where medical and witness evidence proved penetration, identity, and victim's age.
* Criminal law – Defilement – Elements: victim under 18, unlawful sexual intercourse (penetration), accused's participation
* Evidence – Child complainant – corroboration by immediate report to third party
* Medical evidence – Signs of recent penetration and injuries admissible under section 66 Trial on Indictments Act
* Identification – Daylight, neighbour, immediate naming supports reliability
* Sentencing – Aggravation (tender age) and mitigation (first offender, remand) considered
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1 September 2005 |