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Citation
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Judgment date
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| December 2009 |
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Court grants guardianship to foreign applicants as being in the child’s best interests and permits international travel and registration.
Children law – guardianship – welfare of the child paramount; suitability of foreign adoptive applicants; international transfer and registration of guardianship; permission to obtain passport and travel; annual welfare reporting requirement.
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31 December 2009 |
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Whether appointing the applicant, a foreign national, as legal guardian and permitting relocation serves the child's best interests.
Children law – Guardianship – Paramountcy of child’s welfare; Appointment of foreign national as legal guardian; Conditions for cross-border relocation of a child; Requirement to register orders and submit periodic welfare reports.
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31 December 2009 |
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Appellate court upheld trial finding that respondent held title and that appellants trespassed; constructive possession sufficed to sue.
Land law – ownership and title – evaluation of evidence; trespass to land – constructive possession and locus to sue; locus in quo visits – procedural irregularities not fatal absent miscarriage of justice; customary land formalities inapplicable where tenure is not customary.
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16 December 2009 |
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Third-party occupants lacked locus to review a consent judgment; consent decree upheld absent fraud or material mistake.
Civil procedure – Consent judgment – Setting aside/variation of consent decree – limited grounds (fraud, mistake, misapprehension, contravention of court policy); Locus standi – third parties seeking review under s.82 CPA must show a legal grievance; Expropriated Properties Act – repossession certificates, objector proceedings and statutory remedies.
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15 December 2009 |
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Court appointed foreign applicants as legal guardians and permitted the child’s migration, subject to registration and reporting conditions.
* Family law – Guardianship – Appointment of foreign nationals as legal guardians of an abandoned child; child’s welfare as paramount consideration.
* Evidence – International home study and probation officer’s recommendation as suitability factors.
* Orders – Conditions including registration (URSB and embassies), passport, permission to migrate and annual welfare reporting until majority.
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14 December 2009 |
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Registrar unlawfully cancelled a bona fide purchaser’s title; sale by administrator was valid and purchaser reinstated with damages.
Land law – administrator’s power to sell – validity of sale by administrator with letters of administration; Registrar of Titles – duty to afford hearing under section 91 Land Act before cancelling registered interest; caveat law – removal and effect of caveats; bona fide purchaser protection – effect of subsequent annulment of letters of administration; collusion between Registrar and beneficiaries – remedy of reinstatement, injunction, damages and costs.
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13 December 2009 |
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Non-service of a Written Statement of Defence and counter-claim renders resulting ex parte judgment a nullity; appeal allowed and matter remitted.
Civil procedure – setting aside ex parte decree – requirement of service of Written Statement of Defence and counter-claim – counter-claim as separate suit – leaving pleadings in court file not valid service – ex parte judgment nullity – entitlement ex debito justitiae to set aside.
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11 December 2009 |
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Applicant met Children Act requirements; court granted inter‑country adoption with registration and annual welfare reporting conditions.
Children Act – Adoption – statutory requirements for sole applicant (age, sex, fostering) – informal fostering under supervision suffices – inter‑country adoption conditions (residence, fostering, criminal clearance, recognition by foreign state) – parental consent unnecessary where parents deceased – adoption granted with registration and post‑adoption reporting conditions.
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10 December 2009 |
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Appellate court acquitted appellant of embezzlement, upheld causing-financial-loss conviction, but set aside unsupported compensation order.
Criminal law – Embezzlement – ingredients and burden of proof; Criminal law – Causing financial loss – elements and proof of neglect/misappropriation; Appellate review – re-evaluation of evidence and when to disturb trial findings; Compensation – requirement for evidential basis for quantification of loss; Sentencing – appellate interference with sentence.
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3 December 2009 |
| November 2009 |
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Court stayed removal of caveat pending resolution of title dispute under s.140, the respondent having not replied.
Land law – caveat – protection of caveator’s interest pending litigation; Registration of Titles Act, s.140(2) and (3) – court’s discretion to delay removal/registration; procedural law – failure to file affidavit in reply construed as admission of sworn facts.
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30 November 2009 |
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Foreign applicants appointed legal guardians of an abandoned child; welfare paramount, with registration and reporting conditions.
Child guardianship — abandoned child — best interests/welfare paramount — appointment of foreign guardians subject to home study, clearances, registration, passport and annual welfare reports — permission to travel abroad.
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30 November 2009 |
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A false newspaper allegation that the plaintiff took dogs into a mosque was defamatory; damages awarded.
Defamation (libel) – publication of false allegations about a public official taking dogs into a mosque – truth (justification) and qualified privilege unavailable where publication proved false – damages and costs awarded.
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26 November 2009 |
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Insufficient proof of penetration for defilement; evidence supported conviction for attempted defilement and five‑year sentence.
Criminal law – Defilement (s.129 Penal Code Act) – Unsigned/unsworn child testimony requires corroboration (s.40(3) Trial on Indictments Act) – Medical evidence showing vulval bruising and ruptured hymen without vaginal injury may support attempted defilement – Extra‑judicial admissions as corroboration – Conviction substituted under s.87 Trial on Indictments Act.
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25 November 2009 |
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Accused acquitted of defilement but convicted of attempted defilement and sentenced to six years' imprisonment.
* Criminal law – Defilement (Section 129(1)) – requirement to prove penile penetration beyond reasonable doubt. * Evidence – Unsworn evidence of young victim requires corroboration under Section 40(3) Trial on Indictments Act. * Evidence – Sworn evidence of a child of tender years may corroborate victim and support conviction. * Criminal law – Attempted defilement (Section 129(2)) and conviction on a lesser charge under Section 87 Trial on Indictments Act. * Sentencing – aggravating factors (victim’s age, offender’s conduct) and mitigation (first offender, remand period).
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25 November 2009 |
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Court convicted three accused of murder relying on a voluntary confession corroborated by circumstantial evidence and common intention.
Criminal law – Murder – Proof of death and unlawful killing; Extra‑judicial/charge and caution statement – voluntariness and admissibility after trial‑within‑a‑trial; Retracted confession – reliance and need for corroboration; Circumstantial evidence and ‘last seen’ evidence; Common intention (s.20 Penal Code) and malice aforethought; Sentence — juvenile exemption from death penalty and credit for remand.
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25 November 2009 |
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Accused convicted of murder on eyewitness and post-mortem evidence and sentenced to eighteen years imprisonment.
Criminal law – Murder – proof of death, unlawfulness and malice aforethought; Evidence – eyewitness identification and post-mortem findings; Defences – alibi, provocation and intoxication; Sentence – first offender mitigation and remand time.
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24 November 2009 |
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Conviction for defilement based on complainant’s evidence corroborated by eyewitness and medical proof; sentenced to five years.
Criminal law – Defilement – Elements: age of complainant, carnal knowledge and identification; Corroboration – eyewitness and medical evidence (hymen rupture); Alibi and credibility – rejection of fabricated alibi; Sentence – first offender, remand period taken into account.
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24 November 2009 |
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Court compels the Chief Registrar to effect land transfers after registrar failed to respond or justify refusal.
Land law – Registration of Titles – Registrar’s duty to effect transfers – Refusal to register without reasons – Ex parte relief where registrar defaults – Court compels transfer.
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23 November 2009 |
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Children granted equitable interest by parental licence to build; registered title remains subject to compensation and court-ordered valuation.
Land law – family land – licence to build – equitable estoppel – licensees acquiring equitable interest – indefeasibility of registered title – compensation required – appointment of valuer – restraining orders granted.
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23 November 2009 |
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Dying declarations and a detailed confession, corroborated by circumstantial evidence, established guilt for five murders.
* Criminal law – murder – proof of death and unlawful causation in absence of post‑mortem – cogent circumstantial and testimonial evidence may suffice.
* Criminal law – malice aforethought – inferred from assaultive conduct, use of petrol and setting house alight.
* Evidence – dying declarations – admissibility and caution in identification at night; corroboration not mandatory but desirable.
* Evidence – extra‑judicial confession – corroborative value of detailed charge and caution statement despite retraction.
* Criminal procedure – alibi – rejection where prosecution evidence and confession establish participation.
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23 November 2009 |
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Court set aside an ex-parte order, allowing applicant to defend despite late filing, prioritizing substantive justice over technicalities.
Civil Procedure – Setting aside ex-parte orders – Late filing of defence – Res judicata – Interlocutory orders – Fair hearing – Substantive justice over technicalities.
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20 November 2009 |
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Magistrate convicted for corruptly receiving Shs.200,000; soliciting count acquitted; sentenced to two years imprisonment.
Prevention of Corruption Act s.2(a) and s.6(1) – soliciting and receiving gratification – indictments may be amended under Trial on Indictments Act s.50(2) – defence of reconciliation under Magistrates Courts Act s.160 – evidential assessment and credibility findings – sentencing of judicial officer for corruption.
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15 November 2009 |
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Acquittal set aside where forged receipt knowingly used in civil suit, remitted for trial on forgery and uttering.
* Criminal law – Forgery – Elements: false making, ability to defraud, legal efficacy, intent to deceive – "document must tell a lie about itself".* Criminal law – Uttering – Using or dealing with a forged document with knowledge and intent to defraud.* Evidence – Business receipts as statements in ordinary course of business (s.30(b) Evidence Act) – legal efficacy of documents.
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11 November 2009 |
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Appeal filed beyond the 30-day statutory period and without filing the decree was dismissed with costs.
Civil procedure – appeals – time for filing appeal under section 79 Civil Procedure Act – commencement of appeal by memorandum (Order 43 r.1(i) CPR) – requirement to file decree under section 220(1)(a) Magistrates' Courts Act – dismissal for being filed out of time.
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8 November 2009 |
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Court grants adoption by foreign resident after finding age, fostering, residency, clearance and parental consent requirements satisfied.
Adoption – Children Act (ss.44, 45, 46, 47) – foreign national applicant – foster‑care requirement, age and age‑gap, residency, criminal clearance, parental consent, registration of adoption order.
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8 November 2009 |
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Foreign applicants appointed legal guardians of abandoned child where guardianship serves the child’s best interests.
Children Act – welfare of the child paramount – legal guardianship of abandoned child – suitability of foreign applicants established by home‑study – court‑imposed registration, passport and annual welfare reporting conditions.
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5 November 2009 |
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Lead consultant breached consortium agreement by deceitfully replacing co-consultants; plaintiffs awarded damages, interest and costs.
* Contract — Joint venture/consortium — duties of lead consultant to act in good faith and involve co-consortium members in bidding process; unilateral substitution constitutes breach.
* Evidence — Withholding critical bid documents (Terms of Reference) and substituting members before receipt of co-member’s confirmation indicates deceit and lack of justification for removal.
* Remedies — Damages for loss of contract opportunity; reliance on proposal figures and Hadley v Baxendale to quantify loss; interest and costs awarded.
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5 November 2009 |
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The court upheld tribunal's decision dismissing church's land claim for lack of ownership proof, setting aside erroneous compensation order.
Land law – ownership determination – proof of ownership – limitation pleas – inappropriate judicial orders beyond jurisdiction.
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4 November 2009 |
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Applicant appointed guardian and authorised to mortgage jointly held plot as being in the minor’s best interests.
* Guardianship – appointment of legal guardian – welfare of the child paramount under the Children Act; * Property law – permission to mortgage land on which a minor is proprietor to raise funds for child’s welfare; * Civil procedure – jurisdiction under section 98 CPA and Order 52 to make guardianship and ancillary property orders.
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3 November 2009 |
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Eyewitness and medical evidence disproved the accused’s alibi; convicted of aggravated defilement and sentenced to 15 years imprisonment.
* Criminal law – Aggravated defilement – proof of age of victim – victim and mother’s evidence sufficient to establish age below 14. * Criminal law – Sexual intercourse – slight penetration sufficient; intact hymen not conclusive. * Evidence – Identification – eyewitness testimony can displace defence of alibi where prosecution places accused at scene. * Sentencing – balance of aggravating brutality and youth of victim against accused’s age, health, remand period and dependants.
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3 November 2009 |
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Applicant entitled to production of original title and certified copies; respondent’s loss claim rejected.
Land law – production of documents – Order 10 CPR and s.98 CPA – production of original owner’s copy and certified copies of certificate of title – burden to prove loss of original – failure to apply for duplicate or seek mandamus – documents material to main suit.
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2 November 2009 |
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1 November 2009 |
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Court allowed intercountry adoption, holding section 46 directory and the child's welfare paramount.
* Children Act (s3, s45, s46) – Intercountry adoption – Section 46 residence requirement directory not mandatory; welfare of the child paramount. * Adoption – eligibility – age requirement and 21-year age difference; 36 months fostering under Probation Officer supervision. * Probation and Social Welfare report – suitability for adoption. * Exceptional circumstances – orphanhood and established foster relationship justify intercountry adoption.
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1 November 2009 |
| October 2009 |
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Parent permitted appointment as guardian to sell minor's registered land where sale serves the child's welfare.
* Children Act – legal guardianship – welfare and best interests paramount – parent appointed guardian to permit sale of minor-owned land; minor cannot execute transfer; parental consent via affidavit considered.
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31 October 2009 |
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Court dismissed challenge to Letters of Administration, affirming defendants as estate beneficiaries based on paternity.
Family law - paternity dispute - revocation of Letters of Administration - evidentiary burden in proving biological paternity
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30 October 2009 |
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Court appointed foreign applicants as legal guardians, finding guardianship in the child’s welfare and imposing registration and reporting conditions.
Children law – Guardianship – Welfare of the child paramount – Appointment of foreign prospective guardians after home study and clearances – Registration and reporting conditions imposed.
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29 October 2009 |
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The court may appoint the applicant as legal guardian of an abandoned child if the appointment serves the child’s welfare.
* Family law – Guardianship – Appointment of legal guardian for abandoned infant – Welfare and best interests of the child paramount – Suitability of foreign applicant supported by home study and certificate of good conduct – Conditions: registration, passport, embassy notification, annual welfare reports.
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29 October 2009 |
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Court appointed foreign applicants as guardians of an abandoned infant, permitting emigration subject to registration and annual welfare reports.
Child welfare – Guardianship – Appointment of foreign applicants as legal guardians of abandoned infant – Best interests principle – Suitability evidence (home study, references, medical and criminal clearances) – Permission to obtain passport and to emigrate – Registration and reporting conditions.
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28 October 2009 |
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Court appointed foreign applicants as legal guardians of an abandoned infant, permitting migration subject to protective conditions.
Children — Guardianship — Welfare of the child paramount — Appointment of foreign guardians where child abandoned; suitability, registration, passport, embassy notification and periodic welfare reporting ordered; court’s jurisdiction under Constitution, Judicature Act and Children Act.
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28 October 2009 |
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Father appointed guardian and authorized to transact on the minor’s land interest as being in the child’s best interests.
* Family law – Guardianship – Appointment of natural father as legal guardian – Best interests and welfare of the child.
* Family law – Minor’s property – Court authority to permit guardian to transfer, mortgage, pledge, assign or sell minor’s land interest.
* Jurisdiction – High Court’s original jurisdiction under the Constitution and Judicature Act to grant guardianship and property-related relief.
* Evidence – Parental consent and continuous care as factors supporting guardianship.
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28 October 2009 |
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State liable for unpaid retrenchment benefits after privatization; quantum reduced for failure to mitigate; interest awarded.
Public enterprises/divesture — State liability for employee terminal benefits after privatization; mitigation of loss by employee; part-payment not extinguishing larger debt; interest on delayed payment.
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27 October 2009 |
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Stay of execution granted pending appeal where applicant showed likely substantial loss, prompt application and indemnity undertaking.
Stay of execution – pending appeal – requirements: substantial loss if execution proceeds; promptness of application; security/undertaking for performance – discretion to grant stay of execution of decree involving real property.
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26 October 2009 |
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Applicants failed to satisfy section 72 requirements for a second appeal; leave to appeal was denied with costs.
Civil procedure – leave to appeal / second appeal – requirements of section 72 Civil Procedure Act – must show decision contrary to law, failure to determine material issue, or substantial procedural defect; appellate interference with trial court discretion; dismissal for want of prosecution and reinstatement; insufficiency of vague or unparticularised grounds for leave.
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25 October 2009 |
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Accused convicted of aggravated defilement of a 14‑year‑old while HIV‑positive and sentenced to life imprisonment.
Criminal law – Aggravated defilement – proof of age, penetration and identity; medical corroboration; admissibility of HIV test photocopy as secondary evidence; HIV status as aggravating factor; sentencing discretion (death versus life imprisonment).
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23 October 2009 |
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Applicant was fairly heard and the Academic Registrar lawfully communicated the discontinuation; review dismissed with costs.
Administrative law — judicial review — procedural fairness and natural justice in university disciplinary proceedings; University/examination regulations — Examination Regulations (2008–2011) govern examination malpractices and empower the Academic Registrar to receive reports, notify candidates and communicate committee decisions; ultra vires — Registrar’s communication upheld; application dismissed with costs.
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22 October 2009 |
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Applicant's challenge failed: PSC's advice to employer was within its powers and no hearing was required; relief dismissed with costs.
Public Service Commission – powers under Article 166(1)(d) to guide and coordinate District Service Commissions – distinction between advice and directive – entitlement to a hearing under Article 166(1)(e) limited to grievance/appeal proceedings – premature application for prohibition where employer has not acted on PSC advice.
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22 October 2009 |
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Whether a parent may be appointed guardian and authorized to sell a minor's land to raise the child's school fees.
Children Act – welfare of the child paramount; guardianship – appointment of parent as legal guardian; authorization to transfer/sell land registered in a minor’s name to raise funds for maintenance and education; High Court inherent jurisdiction to make guardian orders.
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21 October 2009 |
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Failure to serve statutory notice and expiration of limitation rendered the joint suit and default judgment null and led to dismissal.
* Civil procedure — Statutory notice requirement under Civil Procedure & Limitation (Misc) Act — service on Attorney General; * Limitation — section 3(1) — tort claims against government/local authority — two-year limitation; * Joint suits — effect of nullity as to one defendant on entire suit; * Default judgment/decree entered in defective proceedings — irregularity and nullity; * Relief — dismissal with costs; setting aside of prior judgment and decree.
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21 October 2009 |
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An allegedly procured consent decree may be challenged by motion where fraud is pleaded; the court may order cross‑examination and further inquiry.
Civil procedure – challenge to purported consent decree – consent judgment requires genuine party consent; nullity may be set aside by application; fraud allegations must be pleaded with particulars but may be inferred from facts; Notice of Motion may be used to impugn allegedly void decrees and court may order cross‑examination and further inquiry. Title law – cancellation and reissuance of certificates by Registrar – effect on secured interests and protection of bona fide purchasers.
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19 October 2009 |
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Court granted adoption to married couple including a non‑Ugandan spouse under exceptional circumstances and statutory compliance.
* Children Act (Cap 59) — Adoption — sections 45, 46, 47, 51 — age and fostering requirements; exceptional circumstances permitting foreign applicant to adopt; parental consent; registration and post‑adoption reporting.
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19 October 2009 |