Results.
24 judgments found.
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November 2009
Court ordered delay of caveat removal pending title dispute, relying on s.140 Registration of Titles Act.
Land law — Registration of Titles — Caveats — Court’s power to delay removal of caveat pending determination of competing title — Registration of Titles Act s.140(2)-(3)
Civil procedure — Evidence — Unchallenged affidavit — Presumption of acceptance of uncontroverted sworn averments
30 November 2009
Court appointed foreign applicants as legal guardians, finding the placement in the child's best interests and welfare.
Family law — Children — Guardianship — Appointment of foreign guardians in child's best interests — Children Act; Judicature Act
30 November 2009
False newspaper allegations that the plaintiff brought dogs into a mosque were defamatory; defendants failed to prove truth or privilege.
Defamation
— Libel — Publication of false allegations of blasphemy and religious disrespect — Tendency to lower reputation among right‑thinking members of community
— Justification and qualified privilege — Onus on defendant to plead and prove truth and absence of malice — False publication defeats privilege
26 November 2009
Penetration not proved; acquitted of defilement but convicted of attempted defilement based on medical and admission corroboration.
Criminal law — Sexual offences — Defilement — Proof of sexual intercourse requires evidence of penetrationCriminal law — Evidence — Unsworn child evidence — Requirement of corroboration under Trial on Indictments Act s 40(3)Criminal law — Evidence — Medical findings and admissions to third parties as corroboration — Establishment of attempted defilement where penetration not proved
25 November 2009
Acquittal of defilement for lack of proof of penetration but conviction for attempted defilement and six-year sentence.
Criminal law — Sexual offences
— Defilement (s.129(1) Penal Code Act) — Requirement to prove penetration beyond reasonable doubt
— Corroboration of child evidence — Unsworn child evidence requires corroboration; sworn child evidence may suffice
Criminal law — Evidence — Medical report admitted under s.66(1) — Weight diminished where doctor did not give oral testimony
25 November 2009
Court convicted accused of murder based on a corroborated extra‑judicial confession and supporting circumstantial evidence.
Criminal law — Murder — Elements of death, unlawful killing and malice aforethought — Proof by circumstantial evidence
Evidence
— Confession — Extra‑judicial (charge and caution) statement — Voluntariness and admissibility after trial‑within‑a‑trial — Evidence Act s.27
— Circumstantial evidence — Requirements for conviction and common intention — Need for corroboration and absence of co‑existing exculpatory factors
25 November 2009
Accused convicted of murder where eyewitness and post‑mortem evidence proved intentional fatal head strike with a stone.
Criminal law — Murder — Malice aforethought — Intent inferred from use of a heavy weapon and targeted head injury
Criminal procedure — Evidence — Identification and eyewitness testimony — Direct eyewitnesses who saw accused strike victim and apprehend him
Criminal law — Provocation and intoxication — Requirements for reduction to manslaughter; absence of evidence of sudden provocation or intoxication
24 November 2009
Conviction for defilement based on complainant’s testimony corroborated by witness and medical evidence.
Criminal law
— Sexual offences — Defilement — Proof of age and carnal knowledge corroborated by medical evidence
— Evidence — Corroboration — Child witness evidence and medical findings as additional support in sexual offence cases
— Identification — Daylight observation and prior acquaintance reducing risk of mistaken identity
24 November 2009
Court compelled the Registrar to effect unprocessed land transfers after the respondent failed to contest the application.
Land law — Registration of titles — Refusal to effect transfers — Court may compel Registrar to perform statutory duties
Civil procedure — Ex parte proceedings — Failure to file affidavit/reply and failure to appear — Effect of unchallenged evidence
23 November 2009
Equitable estoppel protected plaintiffs who built on family land despite defendant’s registered title; valuation and injunction ordered.
Land law
— Family land — Equitable estoppel/licence to build — Protection of equitable interest where proprietor encouraged and supervised building
— Registered title — Indefeasibility and compensation — Registration of Titles Act s176 and Constitution Article 26
23 November 2009
Accused convicted of five murders based on dying declarations and his extra‑judicial confession; sentenced to life imprisonment.
Criminal law — Murder — Identification and proof — Use of dying declarations and extra‑judicial confession as corroboration
Criminal law — Evidence
— Dying declarations — Admissibility and cautionary weight where death later ensues (Uganda)
— Absence of post‑mortem — Convictions permitted if cogent circumstantial and testimonial evidence establishes death and cause
23 November 2009
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.
20 November 2009
A magistrate was convicted for corruptly receiving Shs.200,000/=; indictment amended and sentenced to two years' imprisonment.
Criminal law — Corruption — Receiving gratification — Whether receipt amounted to corrupt gratification under s.2(a) of the Prevention of Corruption Act
Criminal procedure — Indictment amendment — Trial on Indictments Act s.50(2) — Receiving may be charged as alternative to soliciting
15 November 2009
Acquittal set aside where false receipt used in civil suit constituted forgery and uttering.
Criminal law
— Forgery — False making, ability to defraud, legal efficacy and intent to defraud — Receipt overstating services constituted forgery
— Uttering — Use of forged document in civil proceedings with knowledge and intent to defraud
11 November 2009
Appeal dismissed as time‑barred for non‑compliance with statutory appeal time and decree‑filing requirements.
Civil procedure — Appeals
— Time limit for appeal — Whether memorandum of appeal filed within 30 days — Civil Procedure Act s79; Order 43 r1
— Requirement to obtain decree before appeal — Whether decree was filed as required — Magistrate’s Courts Act s220(1)(a)
8 November 2009
Adoption granted to non‑citizen who met fostering, residency, clearance and parental‑consent requirements under the Children Act.
Child law
— Adoption by non‑citizen — Statutory requirements: residency, fostering period, criminal‑record clearance, recommendation and recognition — Children Act ss 44–46
— Parental consent — Requirement and sufficiency of mother's written and in‑court consent where father is absent — Children Act s 47
8 November 2009
Court appointed foreign applicants as legal guardians of an abandoned child, prioritising the child's welfare with reporting conditions.
Family law — Guardianship — Appointment of foreign guardians — Welfare of the child paramount — Children Act s 3
5 November 2009
Lead consultant breached consortium agreement by deceitfully substituting members; plaintiffs awarded damages, interest and costs.
Contract law
— Joint venture/consortium — Whether a lead consultant may unilaterally substitute consortium members after group prequalification
— Breach and remedies — Assessment of damages for lost consultancy fees; interest and costs
Professional regulation — Qualification and registration of consultants — Relevance to good faith in consortium selection
5 November 2009
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.
4 November 2009
Court appointed the applicant guardian and authorized mortgaging the jointly held title as being in the child’s best interests.
Family law — Guardianship — Appointment of legal guardian — Child’s welfare as paramount consideration
Property law — Mortgaging jointly held title including minor’s interest — Court authorization where mortgage serves the child’s best interests
3 November 2009
Conviction for aggravated defilement where eyewitness and medical evidence established age, penetration and identity.
Criminal law — Sexual offences — Aggravated defilement — Proof of age, penetration and identity
Criminal evidence — Alibi — Accused need not prove alibi; prosecution must disprove by placing accused at scene
Forensic evidence — Intact hymen does not preclude finding of penetration; slight penetration is sufficient
3 November 2009
Court ordered respondent to produce original title and certified copies, rejecting his unexplained loss and registry-obstruction claims.
Civil procedure
— Production of documents — Order to produce original title and certified copies where copies attached to plaint — Order 10 CPR; Civil Procedure Act s 98
— Lost documents and registry obstruction — Duty to apply for duplicate title or seek mandamus before resisting production
2 November 2009
1 November 2009
Welfare principle allows discretionary intercountry adoption despite directory residency requirements in section 46.
Family law — Adoption
— Intercountry adoption — Whether section 46 conditions are mandatory or directory — Children Act s46
— Eligibility — Age and supervised fostering requirements under section 45 — Proof of suitability and Probation Officer supervision
— Conditions of intercountry adoption — Registration, passport issuance, foreign registration and ongoing welfare reporting
1 November 2009