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Citation
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Judgment date
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| 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 |
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Foreign applicants appointed guardians where child's welfare required specialised care, subject to registration, passport and reporting conditions.
Family law – Guardianship – Appointment of legal guardians where child's welfare is paramount – Court may appoint foreign applicants where child requires specialised care and primary caregivers lack capacity. Evidence – suitability of guardianship established by passports, marriage certificate, international home study, health and criminal-clearance certificates. Conditions – registration with domestic and foreign authorities, passport procurement, permission to travel, and annual welfare reporting until majority.
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14 October 2009 |
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14 October 2009 |
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Inter‑country adoption granted where statutory requirements were met and adoption serves the child’s best interests.
Children Act (ss. 44–51) – Adoption – statutory requirements: age, fostering period, spousal consent, parental consent; Inter‑country adoption (s.46) – residency, foreign authority recommendation, criminal record, foreign recognition of order; Best interests and welfare of the child; Post‑adoption registration and annual welfare reporting.
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13 October 2009 |
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The defendant held liable to repay purchase funds as money had and received after a failed land transaction.
Civil law – Money had and received – recovery where consideration wholly failed – quasi-contractual remedy; Professional duty – lawyer/land consultant’s standard of care – gross negligence and/or misconduct; Evidence – parol evidence rule applied to written sale agreement; Remedies – decretal sum, interest at court rate and costs.
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12 October 2009 |
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Carrier and successive contracted transporters held jointly and severally liable for lost cargo; plaintiff awarded net US$23,782.12.
Carriage of goods by rail – contract of carriage and sub-contracted carriage – joint and several liability of successive carriers – loss in transit; measure of damages for lost cargo; set-off of clearing charges; recovery of demurrage from liable carriers; costs.
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8 October 2009 |
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High Court may appoint suitable applicants as legal guardians when such appointment serves the abandoned child's welfare.
Family law – Guardianship – Appointment of legal guardians for abandoned child – Welfare of the child paramount. Jurisdiction – High Court’s original jurisdiction under Article 139 and Judicature Act to make guardianship orders. Suitability – Assessment based on home-study, financial capacity, criminal clearances and social welfare reports. Conditions – Registration, passport, overseas registration and annual welfare reporting until majority.
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8 October 2009 |
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Mother granted legal guardianship of her minor children to protect their welfare and pursue the father’s unexecuted will.
Guardianship – appointment of legal guardian under Civil Procedure Act s.98 and Order 52 rr 1&2 – welfare of the child paramount (Children Act) – High Court’s inherent jurisdiction to make guardian appointments to protect minors’ interests and pursue estate claims.
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8 October 2009 |
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Father appointed guardian and authorised to mortgage minor’s land as being in the child’s best interests.
Children Act — Guardianship — Section 3 and First Schedule paragraph 1(b) — Welfare and best interests of the child paramount — Court-authorised mortgage of minor’s land — High Court jurisdiction.
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6 October 2009 |
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Court expunged an illegally procured distress order, ordered return of recoverable goods, and held advocate and bailiff personally liable.
Civil procedure – distress for rent – validity of certificate where no underlying suit or court adjudication exists; Execution irregularity – attachment sold under a certificate naming a different person; Professional misconduct – advocate presenting documents to magistrate’s chambers bypassing registry; Bailiff liability – personal liability for executing irregular or illegal process; Remedy – expungement of illegal order and return of recoverable property; Costs against errant advocate.
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5 October 2009 |
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Applicant entitled to re‑enter leased land and recover arrears after respondent breached ground‑rent covenant.
Land law – Lease covenant – periodic revision of ground rent – valuation by party‑nominated valuer binds parties where not disputed; Forfeiture – Non‑payment of rent – s103 Registration of Titles Act – lessor’s right to re‑enter; Remedies – computation of arrears; Registrar of Titles to note re‑entry.
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5 October 2009 |
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Interdiction quashed for breach of audi alteram partem and for being ultra vires (wrongly invoked regulation).
Judicial review – certiorari; natural justice – audi alteram partem – statutory 14-day show-cause period; ultra vires action – interdiction power under Public Service Commission Regulations (Reg.29 not Reg.36); substitution of respondent and validation of service under Local Government Councils Regulations.
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5 October 2009 |