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Citation
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Judgment date
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| December 2006 |
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Court annulled a parliamentary election after finding organised violence, undue influence and use of state resources materially affected the result.
Election law – Parliamentary Elections Act 2005 – non-compliance with statutory provisions and principles – organised intimidation, violence and torture of voters – use of government resources for campaigning – election offences (organisation of violent groups, undue influence) – qualitative assessment and annulment of election.
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31 December 2006 |
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Leave to defend under Order 33 granted where disputed facts and alleged dishonesty require full hearing.
Civil procedure – Order 33 r.3–r.4 CPR – leave to appear and defend in summary suit – requirement to show bona fide triable issue of fact or law – distinction between liquidated demands and disputes requiring full evidence – order to file written statement of defence.
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31 December 2006 |
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Infants' purported transfers were invalid, title was void for fraud, and administrators' estate title must be registered instead.
* Land law – title disputes – alleged sale to minors – capacity to contract; forged/irregular transfers.
* Bona fide purchaser doctrine – purchaser with notice; effect of fraud and guardian's lack of authority.
* Probate/administration – administrators' rights to estate land; effect of Letters of Administration on competing claims.
* Remedy – cancellation of invalid certificate of title; replacement registration and costs.
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21 December 2006 |
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The applicant failed to prove electoral malpractices; petition dismissed as irregularities did not materially affect the results.
* Electoral law – burden of proof – petitioner must prove irregularities and that they substantially affected results.
* Evidence – weight and credibility – inconsistencies, absent witnesses and missing exhibits undermine allegations.
* Election offences – alleged misuse of government resources, biased appointment of officials, ballot‑staffing, pre‑ticked booklets, tally‑centre tampering, intimidation and bribery require specific, corroborated proof.
* Procedural — unsupported hearsay and unproduced exhibits cannot displace official tallies.
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20 December 2006 |
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Habeas corpus unnecessary once detainee is charged and remanded; alleged 48‑hour breach may give damages, but no costs awarded.
* Habeas corpus – production after return – writ rendered unnecessary where detainee was charged and remanded prior to hearing. * Constitutional right to be charged within 48 hours – alleged breach may give rise to damages but is not necessarily remedied by costs in habeas corpus proceedings. * Costs – discretionary where application becomes unnecessary and claimant does not pursue damages.
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17 December 2006 |
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Sitting judge awarded damages and injunction after newspaper allegations of bribery and forgery found defamatory and unproven.
* Defamation (libel) – allegations against a sitting judge – imputations of bribery and forgery; * Publication and tendency to lower reputation – serious criminal imputations inherently defamatory; * Proof and defence – defendant failed to substantiate allegations; * Remedies – award of general and aggravated damages, interest, costs and permanent injunction; * Procedure – substituted service, failure to file defence and interlocutory judgment followed by final judgment.
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17 December 2006 |
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Prosecution proved killing and malice, but circumstantial and hearsay links failed to exclude reasonable doubt, so accused acquitted.
Criminal law – Murder: elements (death, unlawfulness, malice aforethought, participation); Circumstantial evidence – must exclude all reasonable hypotheses of innocence; Hearsay/principal declarant unavailable – admissibility and caution; Forensic corroboration (firearm restoration) insufficient without reliable links; Standard of proof – benefit of doubt and acquittal where prosecution case has weak links.
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10 December 2006 |
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Review of interlocutory order striking out late affidavits dismissed for failure to meet statutory review grounds.
Civil procedure – Review under s.82 CPA and O.46 r.1 CPR – grounds required: new evidence, mistake apparent, or sufficient cause; Election petitions – pleadings and affidavits strictly regulated; Interlocutory/scheduling orders – review not to be used as substitute for appeal; Admission of late affidavits – discretionary and may prejudice expedition of petition.
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5 December 2006 |
| November 2006 |
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Petition dismissed as a nullity for failure to serve statutory respondent despite proved voter deletions and disenfranchisement.
Electoral law – mandatory personal service of petition notice – non‑service renders petition a nullity; Voter registration – unlawful deletion of names without tribunals/hearing (audi alteram partem) – disenfranchisement; Polling irregularities – over‑voting and non‑declaration of polling station results; Standard of proof in election petitions – balance of probabilities but high degree of cogent evidence required; Remedy – dismissal and costs; referral to DPP for potential criminal conduct.
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29 November 2006 |
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23 November 2006 |
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Conduct of the parties formed a partnership; defendant breached duties by withholding accounts and transferring partnership property.
Partnership Act – formation of partnership by conduct; equal capital contribution; partner's duty to render true accounts (s.31); partnership property (s.24); breach of partnership duties; remedies — account, repayment, damages, interest and dissolution (s.38(f)).
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6 November 2006 |
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Photographing the President without permission does not, by itself, constitute an offence under section 167(d) for breach of the peace.
Criminal law – Idle and disorderly persons (s.167(d), Penal Code) – Meaning of "breach of the peace" – Whether photographing public official without permission amounts to conduct likely to cause breach of the peace – Conviction in absence of facts disclosing the offence – Quashing of conviction on revision.
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1 November 2006 |
| October 2006 |
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Widespread, organised intimidation and proven election offences by the respondent invalidated the parliamentary election result.
Election law — non‑compliance with Parliamentary Elections Act, 2005 — procedural irregularities at polling stations; Election law — organised intimidation and violence by candidate’s supporters — effect on free and fair election; Election offences — misuse of government vehicle for campaign, organising groups for use of force (s.24(b)), undue influence (s.80); Remedies — setting aside election, fresh poll, costs.
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30 October 2006 |
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Depositing the full decretal sum in court under a consent order stops accrual of further interest from the date of deposit.
Civil procedure – Interest on decretal sum – Stay of execution – Effect of depositing full decretal sum in court pending appeal – Whether interest continues to accrue after deposit in court under a consent order.
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26 October 2006 |
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Petitioner failed to prove noncompliance or bribery on a balance of probabilities; election upheld and petition dismissed.
Electoral law – election petition – burden and standard of proof (balance of probabilities) – voter register updating and display – inadmissibility of unauthenticated CLN9 lists and late affidavits – multiple registration/multiple voting allegations – bribery allegations require clear, corroborated proof – petition dismissed.
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18 October 2006 |
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Applicant failed to prove disqualification or that irregularities at certain polling stations affected the election result substantially.
Electoral law — nomination qualifications and resignation requirement (Article 80(4) / s.4(4) Parliamentary Elections Act) — applicability to 2006 elections; Electoral Commission duties — responsibility for cancelled or non‑submitted polling‑station results; Election petitions — standard and burden of proof (s.61(3)) — “substantial effect” test for non‑compliance; Ballot‑stuffing/over‑voting allegations — need for credible, consistent evidence.
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13 October 2006 |
| September 2006 |
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Petitioner failed to prove electoral irregularities substantially affected the Pallisa parliamentary election; petition dismissed with costs.
Election law – Parliamentary Elections Act s.61(1) – burden and standard of proof in election petitions; non‑compliance with electoral laws – assessment whether non‑compliance substantially affected result (qualitative and quantitative test); allegations of bribery, intimidation, ballot‑stuffing and voter register defects – evaluation of hearsay, contradictions, failure to report and lack of corroboration; credibility of Returning Officer’s unchallenged evidence.
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22 September 2006 |
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The respondent is vicariously liable for its employee’s negligent driving; the applicant awarded substantial general and special damages.
Motor-vehicle collision — negligence of driver — vicarious liability of employer — assessment of witness credibility and police sketch — contributory negligence rejected — proof of special damages — general damages for permanent disability (60%).
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20 September 2006 |
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Election annulled due to proven bribery by the candidate and agents; procedural irregularities did not alter result substantially.
* Election law – Bribery (S.68 PEA) – candidate and agents liable where acts committed with candidate's knowledge or approval.
* Procedure – Recount nullity where ballot boxes unsealed or tampered with; evidence from such recount excluded.
* Electoral administration – duty to safely custody ballot boxes (S.52 PEA); failure condemned but must be shown to have substantially affected result (S.61 PEA).
* Evidence – non-compliance must be shown on balance of probabilities to have substantially influenced result to set aside election.
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15 September 2006 |
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Election annulled where candidate personally committed illegal practices and his agents engaged in bribery and undue influence.
Local Government elections — admissibility of affidavits (illiterate jurat) — standard of proof (balance of probabilities; higher degree for criminal allegations) — agency in electoral offences — use of government facilities for campaigning (s.126 Local Government Act) — carrying arms at polling station and undue influence (Parliamentary Elections Act applied via s.172) — bribery by agents (s.147) — Electoral Commission duties: transparency and control of ballot materials — remedies: election annulled under s.139(c), fresh election ordered.
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15 September 2006 |
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Petition dismissed: most election irregularities unproven and petition invalid due to failure of mandatory personal service.
Election law — Parliamentary Elections Act 2005 — burden and standard of proof in election petitions; alleged non‑compliance, improper assistance, intimidation, armed presence, bribery — insufficiency of evidence and defective pleadings; mandatory service requirements for election petitions — failure to effect personal service and invalid substituted service renders petition a nullity.
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15 September 2006 |
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Petitioner failed to prove respondent lacked A‑level equivalence; election upheld, with investigation ordered into disputed diploma.
Electoral law – candidate qualifications – requirement of A‑level or equivalent – authenticity of educational certificates – burden of proof in election petitions – UNEB equivalence and investigatory standards.
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13 September 2006 |
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Petitioner failed to prove manipulation; recount confirmed declared polling-station results and petition was dismissed with costs.
Election law – challenge to polling-station results – allegations of manipulation of Declaration of Results forms, improper transport of ballot box and failure to recount – credibility of presiding officer and returning officer affidavits – recount confirming declared results – petition dismissed.
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11 September 2006 |
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A petitioner seeking recount or scrutiny must identify specific ballots objected to at the count; aggregate invalid-vote totals alone are insufficient.
• Electoral law – Parliamentary Elections Act s.47 – counting at polling station, declaration and recording of votes
• Election petitions – scrutiny/recount – entitlement only for ballots disputed/ objected to at the count or identified with particulars
• Procedure – Report Book and initialed ballot papers are primary evidence of objections and validity of votes
• Civil procedure – no fishing expeditions; summons for inspection requires particulars under the Election Rules
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5 September 2006 |
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Court excluded late-filed affidavits, refused interlocutory appeal and recusal, and granted withdrawal with specified cost arrangements.
* Election law – Parliamentary Elections Act s.63 – requirement for expeditious determination of election petitions; interlocutory appeals discouraged when they delay trial.
* Procedure – non-compliance with court-ordered timetable – affidavits served after prescribed time may be excluded absent an application for extension.
* Judicial ethics – recusal – allegation of bias must be specific and substantiated; mere dissatisfaction or losing does not amount to bias.
* Election petition procedure – withdrawal under Election Petition Rules (Rule 22(1)) and allocation of costs.
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4 September 2006 |
| August 2006 |
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The applicant's application for certiorari was dismissed for procedural non-compliance and naming the wrong respondent.
* Judicial review – prerogative orders – leave to apply for certiorari and prohibition – interim occupation orders.
* Civil procedure – mandatory procedural compliance – Law Reform (Miscellaneous Provisions) (Rules of Court) Rule 3(2) (Statement requirement).
* Administrative law – interdiction authority under Teaching Service Commission Rules – identification of ‘responsible officer’ and proper respondent.
* Misjoinder / improper party – application dismissed for naming wrong respondent.
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31 August 2006 |
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False newspaper allegations of rebel collaboration and bomb-making were defamatory; plaintiff awarded shs.3,000,000/= plus interest and costs.
Defamation – imputations of criminality (rebellion, bomb-making, financing and training of rebels) – burden of proof and justification – falsehood defeats fair comment and qualified privilege – media responsibility when reporting arrests – damages assessment.
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25 August 2006 |
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Stay of execution refused where no appeal filed and admissions eliminate realistic prospect of success; decretal sum payable immediately.
Execution — stay or delay of execution — intent to appeal insufficient without provisional/filed memorandum of appeal; payment into court not a deposit suspending execution; admissions on record negate prospects of successful appeal.
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21 August 2006 |
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The applicant's election petition was dismissed for failing to file the mandatory Rule 4(8) affidavit and for an undated, invalid affidavit.
Local Government Act — application of Presidential/Parliamentary election rules; Rule 4(8) Parliamentary Elections (Election Petitions) Rules — affidavit accompanying petition must be filed with petition; Rule 15 — affidavits as evidence do not substitute for Rule 4(8) affidavit; jurat formalities — place and date mandatory; undated affidavit a nullity; statutory filing time-limits strict; inability to cure by supplemental affidavit where jurat requirements and timing not met.
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11 August 2006 |
| July 2006 |
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Application to reinstate dismissed election petition denied due to material falsehoods in affidavits and lack of sufficient cause.
Election petitions – setting aside dismissal for non-appearance – requirement to show sufficient cause; affidavits containing material falsehoods vitiate application; due diligence of litigant and advocate; inherent jurisdiction (s.98 CPA) and Article 126(2)(e) inapplicable where clear procedures exist; prior Registrar application not res judicata where Registrar lacked jurisdiction.
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24 July 2006 |
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Petitioner’s challenge succeeded: winner was unqualified and election set aside; fresh nomination and poll ordered.
• Election law – candidate qualification – effective resignation from public office – resignation must be to appointing authority; acceptance by unauthorized officer ineffective.
• Leadership Code/IGG – IGG findings and recommendations to relevant authority require action; failure to act may render candidate disqualified.
• Electoral Commission – statutory duty to examine written complaints and correct confirmed irregularities; failure to act is a breach of duty.
• Electoral offences – circulation of defamatory material during campaign is an illegal practice under electoral law.
• Remedies – election set aside where candidate not qualified and electoral offence proved; court declined to declare runner-up elected, ordered fresh poll.
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19 July 2006 |
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A statutory instrument enacted after retirement may govern pending pension claims, supported by Article 254 constitutional protection.
Pensions — Application of later-enacted statutory instrument (SI 80 of 2000) to earlier retirements; Retroactivity and pending claims; Constitutional guarantee of pension rights (Article 254) — enforceability; Use of subsequent law as guidance in ongoing litigation.
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17 July 2006 |
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An election petition founded on repealed or irrelevant statutes lacks jurisdiction and is incurably defective, warranting dismissal with costs.
* Election law – requirement that election petitions be founded on extant statutory provisions – jurisdictional basis not a mere technicality.
* Civil procedure – incurable defect – petitions based on repealed or irrelevant statutes cannot be cured by amendment.
* Constitutional law – Article 126(2)(e) (substantive justice) does not override need for legal foundation or confer jurisdiction.
* Procedural law – parliamentary election rules do not apply to local government election petitions.
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17 July 2006 |
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Court held the plaintiffs were unlawfully terminated and awarded arrears, leave payments, severance, damages, interest and costs.
Employment law – wrongful/deminational termination of local government chiefs – entitlement to salary arrears, payment in lieu of leave, pension, unpaid leave allowance, severance, transport allowance, general damages and interest – costs awarded to successful plaintiffs.
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14 July 2006 |
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Registrar’s dismissal under O.15 r.6 was a nullity; suit reinstated and applicant denied costs for lack of diligence.
Civil procedure – dismissal for want of prosecution – Order 15 r.6 CPR – power to dismiss lies with the court on its own initiative – registrar’s endorsement based on defendant’s application under wrong rule is nullity – suit reinstated – costs denied for lack of diligence.
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7 July 2006 |
| June 2006 |
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Application to re-admit dismissed appeal allowed, but costs awarded to respondent for appellant's lack of diligence.
Civil procedure – application to re‑admit dismissed appeal – alleged reallocation of file and failure to serve hearing notice – taxation and execution – adequacy of reply to affidavit – lack of diligence and costs.
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30 June 2006 |
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A plea of prior full-and-final compensation does not alone negate a negligence plaint's cause of action.
* Civil procedure — Preliminary objection — Whether a plaint discloses a cause of action — Court must consider the plaint alone and assume averments true.
* Tort — Negligence — Allegations that a defendant’s driver caused injury by negligence sufficiently disclose a cause of action.
* Defence of prior full-and-final compensation — Constitutes a defence for trial and does not automatically defeat a plaint on preliminary objection.
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30 June 2006 |
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The plaintiffs were unlawfully dismissed on 15 August 1996 and awarded arrears, one month’s pay in lieu of notice, interest and costs.
Employment law – wrongful dismissal – insufficiency of evidence for employer’s alleged notice – effect of unproduced document – company rules inapplicable if effective after termination – damages limited to arrears and contractual notice (or pay in lieu).
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29 June 2006 |
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Murder not proved for lack of malice; accused convicted of common assault and released as time served.
Criminal law – Murder – Elements of murder (death, unlawfulness, malice aforethought, participation) – Proof of malice – Corroboration of extra-judicial statement – Alibi disproved by eyewitness and flight – Conviction reduced to common assault – Time-served release.
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23 June 2006 |
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Acquittal where dying declarations lacked satisfactory corroboration and prosecution failed to prove unlawful killing and participation.
* Criminal law – Murder – elements: death, unlawful killing, malice aforethought and perpetration – burden on prosecution to prove beyond reasonable doubt. * Evidence – Dying declaration – admissibility where declarant later dies; such statements require caution and, generally, corroboration before supporting conviction. * Evidence – Reproduced police statement inadmissible/unreliable where original not produced. * Circumstantial inference – Flight or absence insufficient to prove guilt without corroboration.
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23 June 2006 |
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Carnal knowledge and lack of consent proved, but acquittal due to unsafe identification and unrebutted alibi.
Rape – elements: unlawful carnal knowledge and lack of consent proved; Identification – single identifying witness at night; Alibi – prosecution’s duty to disprove; Acquittal where participation not established.
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23 June 2006 |
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Prosecution failed to prove accuseds’ participation in murder; dying declarations and circumstantial evidence lacked satisfactory corroboration.
* Criminal law – Murder – Elements: death, unlawfulness, malice aforethought, participation – burden of proof; * Dying declaration – need for caution and corroboration; * Circumstantial evidence – must exclude reasonable hypothesis of innocence; * Alibi – prosecution duty to disprove; * Identification in darkness – reliability issues.
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20 June 2006 |
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Contradictory eyewitnesses and an unrefuted alibi defeated proof of the accused's participation in a murder.
* Criminal law – Murder: elements to be proved – death, unlawfulness, malice aforethought, and participation. * Evidence: eyewitness identification – effect of contradictions and contemporaneous police statements on credibility. * Defence – alibi: prosecution’s burden to disprove. * Medical evidence – post-mortem establishing fatal head injuries supporting malice aforethought.
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20 June 2006 |
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Defilement conviction upheld on medical evidence, prompt identification and corroborated extra‑judicial admission; five year sentence imposed.
Criminal law – Defilement (s.129 Penal Code) – Elements: age, sexual intercourse, identity – Medical evidence and immediate identification – Repudiated extra‑judicial confession admissible if corroborated – Alibi disproved by identification and arrest.
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20 June 2006 |
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Accused acquitted of aggravated robbery but convicted of simple robbery; deadly weapon not proved.
Criminal law – Robbery – Elements of aggravated robbery (theft, violence, deadly weapon, participation) – Identification and proof of deadly weapon – Alibi – Common intention – Conviction on lesser offence (simple robbery).
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20 June 2006 |
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Affidavit filed late under Rule 7 struck off; petition allowed and petitioner reinstated as candidate.
Elections – Election petitions – Rule 7 Elections Petitions (Appeals to the High Court from Commission) Rules – mandatory three-day filing requirement for Commission’s affidavit – late filing struck off; Extension of time – judicial discretion requires explanation for delay and consideration of prejudice; Article 126(2)(e) – cannot be used to override clear procedural time limits; Consequence – unopposed petition allowed and disqualification set aside.
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16 June 2006 |
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Appeal allowed: convictions quashed where prosecution failed to prove trespass and trial court misdirected by shifting burden of proof.
* Criminal law – Criminal trespass (S.302(b) Penal Code Act) – Elements of offence – need to prove intent to intimidate/insult/annoy. * Evidence – burden of proof – accused not required to prove ownership; trial court misdirection in shifting burden. * Evidence – failure by prosecution to cross-examine accused – un-cross-examined evidence presumed accepted. * Civil v criminal – determination of bona fide occupation/ownership may be relevant in criminal trial when bearing on defence.
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7 June 2006 |
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The plaint was struck out and related execution proceedings declared nullities because the proper corporate defendant was omitted.
* Civil procedure – execution – validity of execution sale – private treaty sale reported though warrant required public auction.
* Civil procedure – parties – necessity of suing the correct legal person where a company is the purchaser – omission of corporate defendant is fatal.
* Civil procedure – service – defective affidavits of service undermining proceedings.
* Property law – bona fide purchaser – competing claims and police detention pending resolution.
* Remedies – striking out plaint and declaring subsequent steps nullities; costs ordered on each party.
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6 June 2006 |
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Lineal descendants entitled to letters of administration; stranger lacked locus to lodge caveat—caveat vacated, damages awarded.
Succession Act – entitlement to letters of administration – priority of lineal descendants; Caveat – locus to object to administration – stranger lacks standing; Remedies – vacatur of caveat, grant of letters of administration, general damages and costs.
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1 June 2006 |
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The applicant's petition to adopt her two minor relatives was granted after satisfying statutory requirements; guardianship order corrected to adoption.
Adoption law — compliance with ss.45–46 Children Act; welfare of the child paramount; probation officer recommendation; correction of erroneous guardianship order to adoption; registration and foreign affairs formalities; retention of Ugandan citizenship.
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1 June 2006 |