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Citation
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Judgment date
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| 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 |