|
Citation
|
Judgment date
|
| March 2009 |
|
|
Accused convicted of murder on circumstantial evidence; co-accused acquitted; life imprisonment imposed.
Criminal law – Murder – Elements: death, unlawfulness, malice aforethought, participation; Circumstantial evidence – last seen with deceased, scene of struggle, material objects linking accused; Proof of stain not scientifically tested but evidentially linked; Acquittal on no case to answer for co‑accused; Sentence – life imprisonment as mercy notwithstanding severity.
|
31 March 2009 |
|
Prosecution proved robbery: immediate victim identification, medical proof of grievous harm and arrest at scene established guilt beyond reasonable doubt.
Criminal law – Robbery – Elements: theft, use/threat of violence, possession of deadly weapon or grievous harm – Identification – caution with sole identifying witness at night; corroborative factors including immediate naming, arrest at scene and conduct of suspects; medical evidence establishing grievous harm.
|
31 March 2009 |
|
Court convicted one accused for robbery on positive identification; two others acquitted for insufficient corroboration.
Criminal law – Robbery – ingredients: theft, use/threat of violence, deadly weapon, participation – Identification evidence at night – candle/torchlight and proximity as factors – Child witness evidence and corroboration (s.40(3) TIA) – Alibi – Sentence and compensation (s.186(4) PCA; s.124 TIA).
|
31 March 2009 |
|
Whether murder was proved beyond reasonable doubt by eyewitness and forensic evidence, and whether death sentence was appropriate.
Criminal law – Murder: proof of death and identification of decomposed remains; unlawful killing; malice aforethought inferred from nature of head injury and conduct; role of eyewitness testimony and corroborative exhibits; alibi and framing allegations; concealment as corroboration; sentencing (death).
|
31 March 2009 |
|
Court set aside ex parte judgment, holding execution does not prevent inquiry into defective service and setting aside decree.
* Civil procedure – setting aside ex parte decree – duty to investigate service of summons – Order 9 r.27. * Effect of execution – execution does not preclude setting aside decree or staying/setting aside execution where service ineffective – O.36 r.11. * Evidence of service – affidavit of service not conclusive; party asserting lack of service must present satisfactory proof.
|
30 March 2009 |
|
Contracts with infants/toddlers are void; public authority negligently facilitating forged transfers is liable and subject to punitive damages.
* Contract law – capacity of minors – infants and toddlers lack capacity to enter commercial contracts; such agreements void and rights protected by child rights principles.
* Fraud and forgery – evidentiary value of forensic handwriting analysis in setting aside fraudulent sale and tenancy documents.
* Public authority liability – municipal council negligent in recording forged tenancy and liable in contract and tort; exemplary/punitive damages available for arbitrary oppressive acts by public servants.
* Remedies – cancellation of forged sale, restitution of possession, damages payable by minors’ guardians as trustees, assessment of special and general damages.
|
30 March 2009 |
|
A contracting authority cannot avoid payment obligations by blaming donor non-disbursement; arbitration clause did not bar court action.
* Contract law – breach for non-payment – supplier performed contractual obligations; contracting authority liable despite donor-funded project.
* Civil procedure – arbitration clause – failure to move for stay and refer to arbitration; court retains jurisdiction.
* Damages – general damages assessed under Hadley v Baxendale principles; interest and costs awarded.
|
26 March 2009 |
|
Executive pay increases pending parliamentary approval may lawfully determine pension entitlements; statutory pension cap upheld.
Pensions law – computation of pension on last emoluments where executive increased salaries pending Parliamentary amendment (Salaries & Allowances (Specified Officers) Act s.3(4)) – retrospective/administrative flexibility; Pensions Act s.13 – statutory cap (87%) on pensions and limitation of pensionable service; enforceability of pension rights; role of Auditor General and Consolidated Fund (Articles 128(5), 154(3)).
|
26 March 2009 |
|
Minister exceeded statutory authority under section 95; court quashed decision and remitted choice to interim LCV councillors.
Administrative law – Judicial review – Certiorari and Prohibition to correct error of law and restrain implementation; Excess of jurisdiction – Minister’s misuse of s.95 Local Governments Act; Local government formation – Role of LCV councillors (Interim Council) and Electoral Commission in choosing district headquarters and name; Limitation of judicial review to legality of decision-making process.
|
26 March 2009 |
|
Appellate court held permanent stores were part of the land, ordered retrial after trial court’s failure to visit locus in quo.
Land law – fixtures: degree and object of annexation; permanent structures become part of land. Civil procedure – locus in quo: necessity of site visit where boundaries disputed. Procedure – retrial ordered where trial court failed to inspect locus and misapplied law; proper service and defences required under Order 9 Rule 10. Ownership on liquidation – determination of who acquired land and fixtures sold by liquidated entity.
|
26 March 2009 |
|
Unlawful dismissal of a head teacher led to statutory compensation, pension and aggravated damages, not reinstatement.
Local government employment — wrongful dismissal for lack of charge and fair hearing; Public Service Commission direction ignored; reinstatement declined — compensation awarded under Local Governments Act and Pensions Act; aggravated damages and interest; employer's failure to rebut unchallenged employee evidence.
|
26 March 2009 |
|
Appeal dismissed: trial court properly decided land dispute; LC rulings unproven and no prejudice from no locus visit.
Land law – trespass – sale agreement authenticity and fraudulent alteration; res judicata – burden to produce authenticated LC court records; evaluation of evidence – magistrate’s findings upheld; locus in quo – visit unnecessary where boundaries and occupancy evidence are clear.
|
26 March 2009 |
|
State vicariously liable for RDC-ordered arrest and seizure causing trespass and loss to the plaintiff’s business.
* Constitutional/administrative law – public officials’ actions – RDC ordering arrests and seizures without owner inquiry; trespass to business premises.
* Tort – trespass to land and chattels; wrongful seizure and loss of chattels; evidentiary burden for loss of cash and destroyed property.
* Vicarious liability – state liable for acts of district commissioner and police within scope of duty.
* Damages – assessment of value, loss of income, general damages, interest and costs; exemplary damages not awarded.
|
26 March 2009 |
|
Prosecution failed to prove identity and causation for the indicted victim; no prima facie case of murder, accused acquitted.
* Criminal law – No-case-to-answer – Prima facie standard under section 73 TIA – requirement that prosecution prove death of person named in indictment.
* Murder – ingredients: death of named person; unlawful killing; malice aforethought; causation by accused.
* Identification of deceased – necessity of proving recovered body is the indicted victim before inferring guilt.
|
25 March 2009 |
|
Application to review adoption reporting condition dismissed for lack of evidence that it blocked foreign citizenship recognition.
Adoption law – Conditions on adoption orders – Annual progressive reports and five‑year review – Sufficiency of evidence to justify review – Proof required of foreign government's non‑recognition of adoption.
|
24 March 2009 |
|
Respondent’s vehicle caused a fatal accident; court awarded Shs.30,000,000 general damages plus proved special damages and costs.
Tort — Fatal road accident — Employer vicarious liability for employee driver; Assessment of damages — multiplicand, multiplier and contingencies; Proof of special damages — requirement of specific evidence; Life expectancy/working life in assessing future losses.
|
22 March 2009 |
|
Unlawful intercourse and lack of consent were proved, but identity was uncorroborated; accused acquitted.
* Criminal procedure — s.73 Trial on Indictments Act — sufficiency of prosecution evidence at close of prosecution. * Rape — essential ingredients: unlawful intercourse; lack of consent; identity of accused. * Identification evidence — single identifying witness; need for corroboration; effect of poor identification conditions, delays, and contradictions. * Medical evidence corroborating lack of consent does not substitute for reliable identification of the assailant.
|
22 March 2009 |
|
Circumstantial evidence of passing a phone while under arrest was insufficient to prove receiving stolen property.
* Criminal law – Receiving stolen property – elements: theft, ownership, receiving with knowledge – prosecution must prove participation and mens rea.
* Criminal procedure – No‑case-to-answer/prima facie standard at close of prosecution’s case.
* Evidence – Circumstantial evidence: must be inconsistent with innocence and exclude other reasonable hypotheses (Teper; Simon Musoke).
* Burden of proof – presumption of innocence; prosecution must establish essential ingredients beyond reasonable doubt (prima facie at this stage).
|
10 March 2009 |
|
A prominent comparative advert that implied dishonesty in labeling was defamatory; plaintiff awarded general and exemplary damages, injunction and costs.
Defamation — libel — sufficiency of pleadings; reference/innuendo — identification of plaintiff from juxtaposed advertisements; defamatory meaning — test of lowering in estimation of right-thinking members of society; justification defence — burden on defendant; exemplary damages — punishment/deterrence where defendant acted to gain advantage and ignored regulator.
|
5 March 2009 |
|
Court dismissed treason charge after six-year prosecution delay constituting abuse of process and oppression of the accused.
Constitutional law – powers of the Director of Public Prosecutions to institute, prosecute or discontinue criminal proceedings; Criminal procedure – abuse of process; Inherent jurisdiction of the court to prevent oppression and prejudice from prolonged, stalled prosecutions; Article 139 Constitution; Section 14 Judicature Act; Connelly v DPP; remedy — dismissal of charge.
|
5 March 2009 |
|
The applicant was appointed guardian of the infant's estate and may manage and pledge the child's property.
* Constitutional and jurisdictional law – parens patriae – High Court’s power to appoint guardians of infants’ estates where statute is silent. * Children Act – guiding welfare principle – lacuna regarding estate management. * Judicature Act – application of common law and equity to fill statutory gaps. * Guardianship – guardian as trustee obliged to account; authority to manage, pledge or sell child’s property without separate order for each act.
|
3 March 2009 |
|
Provocation found to negate malice; accused convicted of manslaughter and sentenced to ten years imprisonment.
Criminal law – killing during a domestic quarrel – admission in charge and caution statement – medical evidence of fatal stab wound – provocation as partial defence negating malice aforethought – conviction for manslaughter and sentencing considerations.
|
3 March 2009 |