|
Citation
|
Judgment date
|
| September 2005 |
|
|
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
|
1 September 2005 |
|
The court ruled that instruction fees must reflect case complexity and value, adjusting awarded fees accordingly.
Taxation of costs - instruction fees - principles for assessing fees - judicial discretion - case complexity.
|
1 September 2005 |
| August 2005 |
|
|
Eyewitness and medical s.66 evidence proved rape of a mentally ill woman; accused convicted and sentenced to seven years.
Criminal law – Rape – proof of penetration by medical and circumstantial evidence; competence of s.66 Trial on Indictments evidence; single-witness identification – Nabulere principles; consent – evidence of resistance; sentencing – aggravation (victim mentally ill) and mitigation (first offender, remand).
|
31 August 2005 |
|
Defendant held liable for negligent driving; damages awarded but reduced due to inadequate evidentiary proof.
* Motor-vehicle negligence – owner’s liability for driver’s negligent driving – proof by accident occurrence and driver’s conviction.
* Damages – quantum of special damages – necessity of documentary and witness evidence (repair invoices, mechanic’s testimony, police report) to substantiate large repair claims.
* Evidence – effect of lack of traffic report, sketch plan and primary witnesses – discretionary reduction of claimed amount.
|
30 August 2005 |
|
A plaintiff’s specific performance claim is not time-barred and need not be struck out where the earlier suit has been dismissed.
Civil Procedure Act s.6—abstention where matter directly and substantially in issue in a previously instituted suit pending; Order 21 r.4(1)—proper procedure after death of a party; Limitation Act s.3(6)—claims for specific performance/equitable relief excluded from ordinary limitation periods; possession and characterization of relief relevant to limitation inquiry.
|
25 August 2005 |
|
Criminal law
|
19 August 2005 |
|
Respondent failed to prove ownership of disputed iron sheets; judgment set aside for insufficient evidence and unproven special damages.
Evidence — burden of proof on claimant to prove ownership of goods; documentary inconsistency and gauge discrepancies undermine ownership claims; special damages must be specifically pleaded and proved; appellate fresh scrutiny of factual findings.
|
18 August 2005 |
|
An administrator's claim is not res judicata where the earlier judgment involved different parties and predated administration.
* Civil procedure – res judicata – section 7 Civil Procedure Act – requirements of same parties or their privies and directly and substantially same issue. * Probate/administration – letters of administration obtained after prior judgment do not render later estate claims res judicata. * Property law – prior trespass judgment against another person does not determine estate title.
|
18 August 2005 |
|
Suit dismissed for failure to serve summons to file a defence within prescribed time; prior judgment not res judicata.
* Civil procedure – Service of process – Summons to file a defence – Requirement to serve within 21 days under Order 5 Rule 1 (as amended) – Failure to serve and absence of extension of time – Dismissal of suit.
* Res judicata – Whether earlier appeal judgment disposes of issues in the present suit – court finds no res judicata.
|
17 August 2005 |
|
Registrar must register a caveat protecting a purchaser’s interest and should explain any refusal to register title.
* Registration of Titles – Caveat – Duty to register a caveat where purchaser demonstrates an equitable interest; * Registrar’s refusal to register – requirement to explain or be called to court to substantiate reservations; * Reliance on Andrea Lwanga v Registrar of Titles regarding Registrar’s obligations.
|
9 August 2005 |
|
Application for certiorari and prohibition dismissed as premature; statutory removal procedure complied with and Handbook rules subordinate.
Administrative law – judicial review – certiorari and prohibition require an existing decision or clear excess of jurisdiction; Local Governments Act s.12(6A),(6C) – statutory procedure for removal of district speaker; Model Rules subordinate to statute; premature applications for prerogative relief dismissed.
|
3 August 2005 |
| July 2005 |
|
|
Appeal dismissed for late filing of grounds and for a ground lacking required particulars under section 28.
Criminal Procedure Code Act, s.28(1),(3),(4) – appeal procedure – notice of appeal versus memorandum – mandatory time limits for lodging grounds of appeal – requirement for particulars of matters of law or fact – incompetence of appeal – dismissal for procedural non‑compliance.
|
27 July 2005 |
|
Defendants held liable for loss of plaintiff’s land after obtaining funds on her title despite a revoked power of attorney.
Property law – Mortgage and power of attorney – Revocation of power of attorney – Liability where third parties obtain funds on another’s title; Evidence – Failure to call witnesses – Unsigned/defective affidavit has no probative value; Damages – Valuation evidence and forced-sale valuation as measure of special damages; Interest and costs awarded.
|
21 July 2005 |
|
A summary suit lacking the required sworn affidavit and proof of guarantor liability is incompetent; judgment quashed and debtor released.
Summary procedure – Order 33 r.2 CPR – requirement for affidavit accompanying endorsed plaint – incompetency of suit; guarantor liability – absence of evidence of surety for decretal sum; revision – quashing of judgment and release of detained judgment debtor; incorrect statutory provision noted (s.83 CPA).
|
14 July 2005 |
|
Applicant's habeas corpus claim refused as detention by competent court-martial held lawful.
* Habeas corpus – military detention – whether detention without production is unlawful – competence of Court Martial to try service members – uncontested affidavit establishing lawful custody.
|
14 July 2005 |
|
Circumstantial evidence and credible eyewitness testimony upheld murder convictions despite the accused’s alibi and self‑defence claim.
* Criminal law – Murder – sufficiency of circumstantial evidence – requirement that inculpatory facts be incompatible with innocence and incapable of explanation on any other reasonable hypothesis. * Criminal procedure – Alibi and unsworn statement – prosecution retains burden of proof; false alibi may be used as evidence of guilt. * Evidence – Witness credibility and demeanor – role in resolving circumstantial case. * Homicide – Cause of death – manual strangulation established by post‑mortem. * Sentencing – mandatory death sentence for murder; concurrent/suspended sentencing of other counts.
|
14 July 2005 |
|
Judicial review application struck out as time-barred for failure to comply with section 38(7) of the Judicature Act.
Judicial review – limitation period – section 38(7) Judicature Act – applications must be made promptly and within three months – pleadings must specify date when cause arose – failure to show date may render application incompetent – striking out for non-compliance.
|
13 July 2005 |
|
Court appointed the foster carer as legal guardian due to the infant's welfare and medical need for treatment abroad.
Children Act – First Schedule – welfare of the child paramount; Guardianship – appointment of foster carer where child abandoned and lacks relatives; Medical necessity – foreign treatment supporting guardianship; Nationality and travel – infant remains Ugandan, court may direct passport issuance.
|
12 July 2005 |
|
The applicant awarded compensation where repossession was improperly rejected and compensation procedure violated statutory valuation requirements.
Expropriated properties – repossession v. compensation; statutory procedure under Expropriated Properties Act and Repossession and Disposal Regulations; necessity of proper valuation and compliance with sections 11–12 before awarding compensation; remedy of compensation in lieu of repossession where title restoration impractical; refusal of mesne profits where State did not benefit.
|
12 July 2005 |
|
A tribunal may grant a temporary injunction to preserve the status quo where balance of convenience and irreparable harm justify it.
Land law – temporary injunction – interlocutory relief – balance of convenience – irreparable harm – customary holding versus registered title – locus in quo inspection – procedural fairness.
|
12 July 2005 |
|
Dismissal without a fair hearing breached natural justice; plaintiff awarded special damages and not liable for accident loss.
Employment law – Wrongful dismissal – Natural justice and right to fair hearing before disciplinary dismissal; Proof of special damages where evidence unchallenged; Employer’s failure to secure railway points and third-party interference as cause of accident; Liability for consequential loss and failed counterclaim.
|
11 July 2005 |
|
Suspension of Rule 108 in favour of Local Governments Act procedure was lawful; judicial review was premature.
Administrative law – judicial review – certiorari – suspension of council rules (Rule 108) under Rule 4 – alternative procedure under Local Governments Act s.21 – natural justice – prematurity of review application.
|
7 July 2005 |
|
Whether a vendor can invoke a defective-title refund clause when failure to transfer resulted from the vendor’s failure to pursue statutory remedies.
Sale agreement – defective-title indemnity clause – applicability where vendor fails to transfer – meaning of "defect of title"; Registration of Titles Act & Succession Act – available statutory remedies to vest title; breach of contract for failure to effect transfer; specific performance and damages as remedies; bona fide purchaser in possession.
|
6 July 2005 |
|
Failure to pursue statutory transfer procedures does not constitute a title defect permitting contract rescission; seller held in breach.
Sale agreement – clause providing refund and reversion for "defect of title" – meaning of defect of title; duty to pursue statutory transfer/succession remedies (Registration of Titles Act s.143/134) – breach for failure to effect transfer – purchaser for value – specific performance and damages.
|
6 July 2005 |
|
An unregistered community lacks legal personality and cannot properly sue or be sued as a body in court.
Locus standi – legal personality – unregistered associations; Capability to sue or be sued; Appearance of non-legal entities — necessity to name natural persons; Quashing judgments obtained in favour of entities lacking legal capacity.
|
5 July 2005 |
|
Whether the prosecution proved beyond reasonable doubt that the accused defiled a child under 18.
* Criminal law – Defilement – Elements: complainant’s age, unlawful sexual intercourse, accused’s participation – proof beyond reasonable doubt. * Child witness – voir dire for competency where under 14. * Medical evidence corroborating sexual intercourse (hymenal rupture, fresh injuries, signs of penetration). * Circumstantial evidence and presence in same house as corroboration. * Failure to produce an exhibit or discrepancies with police statement do not necessarily undermine sworn in-court testimony.
|
4 July 2005 |
|
Court grants adoption after finding statutory requirements met and cancels prior guardianship order given in error.
* Adoption law – compliance with Children Act ss.45–46 – welfare of the child paramount; * Correction of procedural error – cancellation of erroneously issued guardianship order and replacement with adoption order; * Registration of adoption orders with Registrar General and Consular Department; * Nationality and travel arrangements for adopted minors.
|
1 July 2005 |
| June 2005 |
|
|
Whether an R.C.III document constituted a judgment for res judicata purposes — court held it was a report, not a judgment.
* Civil procedure – Res judicata – Earlier matter must have been heard and determined for res judicata to apply – Examination of judgment and record required. * Local council (R.C.III) records – What constitutes a judgment – absence of record and single signatory may indicate a report not a judgment. * Evidence – Singular language and lack of names/signatures undermine presumption of proper hearing.
|
30 June 2005 |
|
Banking, Finance and Insurance Law
|
29 June 2005 |
|
Defamation|HR
|
29 June 2005 |
|
District Land Board’s failure to verify occupants and observe natural justice rendered the respondent’s lease and title unlawful.
Land law – urban occupancy – unregistered but registrable usufruct/occupational interests – District Land Board duty to verify occupation and observe natural justice – improper reliance on Local Council of wrong zone – invalidity of lease and title where occupants’ interests ignored; entitlement to declarations, injunction, deregistration and damages.
|
29 June 2005 |
|
Temporary injunction granted to preserve the suit land pending trial due to risk of irreparable injury from proposed excavation and transfer.
Civil procedure – Interim injunction – Preservation of status quo – Requirement to show irreparable injury and inadequacy of damages – Ex parte hearing where respondents served but absent – Procedural irregularity (invocation of non-existent section) not necessarily fatal to substantive relief.
|
24 June 2005 |
|
Whether the respondent bank may claim interest after liquidation and whether misposted drafts can be recovered from the applicant.
* Banking law – breach of banker’s duties – wrongful postings and refusal to supply account documents – entitlement to general damages and quantum.
* Banking law – effect of regulatory seizure/liquidation on bank’s ability to enforce contractual rights – recovery of interest on outstanding balances.
* Evidence – insufficiency of unsigned deposit slips and hearsay – dismissal of counterclaim for misposted bank drafts.
* Equitable estoppel – protection where bank’s actions induced reliance and reduced indebtedness.
|
20 June 2005 |
|
L.C.1 proceedings lacked required composition and record particulars, making both the L.C.1 judgment and L.C.II decision null and void.
* Local Council courts — Composition of court — s.4 Executive Committees (Judicial Powers) Act — quorum and co-option requirements; improper composition renders judgment a nullity.
* Records — s.17 Executive Committees (Judicial Powers) Act — required particulars (date, statement of claim, witnesses' names and addresses) must appear in record.
* Revision/Review — Magistrates Courts Act s.221(3) and application of s.32 of Executive Committees Act to review subordinate court proceedings.
* Appeals to L.C.II — where lower court proceedings are void, subsequent appellate proceedings are likewise null and void.
|
10 June 2005 |
|
Appellate court upholds equal division of jointly pleaded pre-legal-separation property and dismisses appeal with costs.
Divorce and property division – scope of court's power to divide joint marital property – relevance of date of legal separation – pleadings determine issues for property distribution – absence of children in pleadings excluding child-related orders – costs follow the event; judicial discretion to award costs.
|
7 June 2005 |
|
Appeal allowed: suit instituted after expiry of limitation period and plaint should have been rejected as time-barred.
Limitation of actions – accrual date – suspension letter dated 2 November 1989 – suit instituted 8 January 1991 – action time-barred; Civil Procedure Rules Order 7 r.1(d) – plaint barred by law must be rejected; illegality cannot be cured by admissions; appellate re-evaluation of evidence on limitation.
|
7 June 2005 |
|
Claim for compensation for alleged land encroachment dismissed for lack of proof and being time-barred.
Property law – trespass and compensation – whether upgrading a pre-existing murram road constituted taking of customary land; burden of proof on claimant; limitation – two-year period for torts against local authorities and requirements to plead exemption from limitation.
|
7 June 2005 |
|
Defendant liable for Shs. 2,410,000 balance on land sale; plaintiff’s larger claim unsupported by documentary admissions.
Sale of land – determination of outstanding purchase price – weight of written acknowledgments and admissions – burden of proof under Evidence Act – interest and costs.
|
7 June 2005 |
|
Unlawful imprisonment claim time‑barred; malicious prosecution claim timely and allowed to proceed.
Limitation – torts against the Government – Cap 72 s.3 two-year period – distinct causes of action (unlawful arrest/imprisonment vs malicious prosecution) treated separately – time runs from release for false imprisonment and from completion of criminal proceedings for malicious prosecution – Order 7 r.11 CPR rejection of time-barred plaint; Order 7 r.6 CPR and disability/exceptions.
|
7 June 2005 |
|
Court ordered correction of title under s.177 to give effect to magistrate's judgment and noted registrar is not a necessary party.
Registration of Titles – s.177 application to correct Certificate of Title to give effect to subordinate court judgment – ministerial role of Commissioner Land Registration and necessity of citing the Registrar.
|
7 June 2005 |
| May 2005 |
|
|
Leave to amend must be supported by a written proposed amendment and cannot be granted in vague, general terms.
Civil procedure – Amendment of pleadings (Order 6 r.18) – Leave to amend must be supported by proposed written amendment and opportunity for opposing party to respond – Oral or general grants of leave are provisional and irregular – Appellate review limited to wrong principle or manifest injustice.
|
31 May 2005 |
|
Certiorari refused where tribunal correspondence merely requested evacuation and no excess of jurisdiction or breach shown.
* Judicial review – Certiorari – Remedy to quash decisions of inferior tribunals where excess of jurisdiction, ultra vires acts, breach of natural justice or error of law on face of record; * Administrative law – Discretionary nature of certiorari and requirement of a fitting circumstance; * Evidence – Distinction between advisory/requesting correspondence and mandatory/operative tribunal orders amenable to certiorari; * Jurisdiction – Need to show tribunal acted beyond statutory power to justify quashing order.
|
31 May 2005 |
|
|
30 May 2005 |
|
Accused convicted of murder based on confession and corroborating evidence; sentenced to seven years imprisonment.
* Criminal law – Murder – Essential ingredients: death, unlawful act, malice aforethought, and accused’s participation. * Evidence – Confession (charge and caution) by a minor – admissibility and corroboration by circumstantial and medical evidence. * Criminal procedure – Prima facie case and calling accused to make defence (s.73 Trial on Indictment Act). * Defence – Provocation and reduction to manslaughter. * Sentencing – Juvenile offender: applicability of s.100(3) Children’s Act where offender attains majority before conviction; legislative lacuna noted.
|
24 May 2005 |
|
Applicant’s unexplained delay and false affidavit defeated leave to appeal out of time.
Civil procedure – application for leave to appeal out of time – applicant must show sufficient reason and absence of dilatory conduct – unexplained delay and false affidavit undermine entitlement – registry delay allegation without particulars insufficient.
|
18 May 2005 |
|
Failure to comply with statutory affidavit requirements and refusal to implement government policy for selling council houses warrants judicial intervention.
Administrative law – Affidavits – Statutory requirements for jurat/attestation – Oaths Act and Commissioner for Oaths Act – Defective affidavit rejected – Prerogative writs – Prohibition – Mandamus – Enforcement of government divestiture policy – Sale of municipal housing to sitting tenants.
|
10 May 2005 |
|
Conviction for defilement on child's sworn evidence and medical corroboration; six-year sentence with remand credit excluded.
Criminal law – Defilement (s.129(1) Penal Code) – competency of child witness – admissibility of child’s sworn testimony – corroboration by medical (P.F.3) and police evidence – sentencing: aggravating factors, mitigation, remand credit.
|
5 May 2005 |
| April 2005 |
|
|
Court finds no valid land sale agreement; plaintiff declared a trespasser, must pay damages for wrongful occupation.
Property law – Sale of land – Validity of agreement – Misrepresentation and trespass – Damages for unlawful occupation.
|
29 April 2005 |
|
Civil Procedure
|
27 April 2005 |
|
Court rejected preliminary objections to affidavits and ordered the substantive hearing to proceed, subject to payment of outstanding fees.
* Civil procedure – preliminary objections – striking out affidavits for alleged falsehoods – not appropriate without substantive hearing
* Affidavits – capacity of deponent – no general bar where no special procedure or representative capacity is required
* Civil procedure – supplementary affidavits filed without leave – not automatically struck out
* Court fees – partial payment – registry may require balance, does not automatically invalidate proceedings
* Locus/causa – absence of applicant’s name on annexed document – merits to be determined at hearing
|
27 April 2005 |