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Citation
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Judgment date
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| September 2009 |
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Applicant granted temporary injunction restraining respondent from dealing with disputed land pending the main suit.
* Land law – interlocutory relief – temporary injunction to preserve status quo pending determination of a trespass action.
* Civil procedure – ex parte application – effect of respondent’s failure to file affidavit in reply; unchallenged affidavit evidence.
* Interim remedies – prima facie case, balance of convenience and potential for nugatory relief as grounds for grant of injunction.
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30 September 2009 |
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The court granted the applicant, the biological mother, guardianship and custody of the minor as being in the child's best interests.
Family law – Guardianship and custody – Child's welfare as paramount consideration under the Children Act – Parental guardianship – High Court’s jurisdiction to grant guardianship and ancillary directions.
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30 September 2009 |
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Court appointed foreign applicants as legal guardians of an abandoned infant based on welfare and applicants' suitability.
Family law – Guardianship of abandoned child – Child’s welfare paramount; suitability of foreign applicants assessed by home study, clear conduct and welfare recommendations – Conditions: registration, passport, travel permission, annual welfare reports.
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30 September 2009 |
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Default judgment awarded for plaintiffs' lost rental income after defendants unlawfully re-entered leased premises.
* Civil procedure – Default/interlocutory judgment – Effect of failure to file defence and substituted service. * Property/contract – Breach of long-term lease and unlawful re-entry. * Damages – Assessment and calculation of lost rental income for remaining lease term.
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30 September 2009 |
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Court appointed foreign applicants as legal guardians of orphaned children, finding the appointment in the children’s best interests.
* Family law – Guardianship – Appointment of foreign guardians for orphaned children – Welfare of the child paramount under Children Act.
* Evidence – Suitability requirements: home‑study report, police clearance, medical fitness, employment and family stability.
* Conditions imposed – registration of guardian order with national registries and embassies, issuance of passports, travel permission, and annual welfare reports until majority.
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29 September 2009 |
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An extra‑judicial confession plus corroborating circumstantial and medical evidence established murder; life imprisonment imposed.
Criminal law – Murder – Circumstantial evidence – Extra‑judicial confession to police – Post‑mortem establishing fatal blunt head injury – Recovery of implements – Conviction and life sentence.
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29 September 2009 |
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Foreign applicants appointed legal guardians based on the child’s best interests and applicants’ suitability, subject to protective conditions.
* Family law – Guardianship – Appointment of legal guardians under the Children Act and Constitution – Welfare of the child paramount; suitability of foreign applicants assessed by financial capacity, health, criminal clearance and institutional recommendation; conditions including registration, passport, travel and annual welfare reporting imposed.
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28 September 2009 |
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Court grants legal guardianship to suitable foreign applicants as being in the abandoned child's best interests.
Children Law – Guardianship – Best interests and welfare of the child – Appointment of foreign applicants as legal guardians; evidence of suitability (home study, criminal clearance); registration and reporting conditions.
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28 September 2009 |
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Foreign applicants granted legal guardianship of abandoned infant in child's best interests, subject to registration and reporting.
Children Act – Guardianship – Appointment of legal guardians for an abandoned infant – Best interests and welfare of the child – Court’s jurisdiction to grant guardianship – Conditions: registration, passport, travel permission and annual reporting.
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28 September 2009 |
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Single-witness identification under favourable conditions sufficed to convict the accused of aggravated robbery despite an alibi.
Aggravated robbery; single-witness identification – reliability factors (familiarity, proximity, duration, lighting); alibi – burden to displace by prosecution; medical evidence as corroboration; recovery of weapon at scene.
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24 September 2009 |
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Revision granted: fatal-accident plaint was incompetent; reliance on identification-only documents and vicarious liability findings were unlawful.
Civil revision — s.83 CPA; fatal accident claims — requirement to plead under Law Reform (Misc. Provisions) Act; interlocutory judgment — Order 9 r.6 vs r.7; ex parte proceedings where defendant fails to file defence; admissibility — identification marks vs exhibits; vicarious liability — burden to prove employment; special damages — strict proof; execution — simultaneous modes and limits.
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23 September 2009 |
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The accused convicted of rape on victim ID, confession and medical corroboration and sentenced to 15 years imprisonment.
Rape—elements of the offence—sexual intercourse, lack of consent, identification; victim as primary witness; medical corroboration (semen) of penetration; admissibility and corroborative value of charge and caution statement and admissions to local leaders; rejection of unsupported allegation of grudge; sentencing considerations where rape involves violence and a deadly weapon.
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23 September 2009 |
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Accused convicted of aggravated defilement despite absent medical report; victim and eyewitness testimony proved age, penetration, and identity.
* Criminal law – Aggravated defilement – Elements: age, penetration and identification; victim and eyewitness testimony sufficing to prove penetration and identity. * Evidence – Corroboration: medical evidence desirable but not mandatory where cogent victim evidence is independently corroborated. * Procedure – Trial judge may convict despite assessors' differing view if evidence proves guilt beyond reasonable doubt.
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21 September 2009 |
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Assignee lacked a cause of action because an unstamped assignment deed was inadmissible, so judicial review proceedings were struck out.
Judicial review — locus standi of an assignee — admissibility of unstamped instruments under the Stamps Act — capacity of unincorporated association to be subject to prerogative orders — interim relief procedure under CPR O.41 vs Judicial Review Rules — service irregularities not fatal absent prejudice.
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18 September 2009 |
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Court appointed foreign applicants as guardians of an orphaned child, finding the appointment in the child’s best interests.
* Guardianship – appointment of legal guardians for an orphaned child – welfare and best interests of the child paramount; * Suitability of foreign nationals as guardians – home study, documentation, absence of disqualifying conduct; * Registration and reporting requirements – registration with Ugandan authorities and foreign embassy, annual welfare reports; * Jurisdiction – High Court powers under Constitution, Children Act and Civil Procedure Act.
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18 September 2009 |
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Defaulting defendant means plaintiff’s pleadings accepted; owner vicariously liable; medical damages awarded, special‑hire losses unproven.
• Civil procedure – default judgment – effect of failure to file a defence: unchallenged pleadings accepted. • Tort – motor accident – vicarious liability of vehicle owner for acts of driver. • Pleading and proof – special damages must be specifically pleaded and strictly proved; medical expenses and police report admitted. • Damages – appellate assessment of general damages where trial court wrongly dismissed claim.
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18 September 2009 |
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The court confirmed that a taxpayer can use a retrospective VAT calculation method despite procedural irregularities.
VAT - Standard Alternative Method - procedural approval - retrospective application - tax refunds - taxpayer rights
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17 September 2009 |
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High Court may hear revision of magistrate’s closure of prosecution’s case where illegality and substantive justice require review.
Criminal procedure – Revision v appeal – Sections 48 and 50 Criminal Procedure Code Act – Section 50(5) bar where appeal available – Closure of prosecution's case in absence of state representation – Illegality overriding procedural bars – High Court's duty under Article 126(2)(e) – Makula International Ltd v Cardinal Nsubuga cited.
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17 September 2009 |
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Court convicted the second accused of murder for shooting a celebrant; the first accused was acquitted.
Criminal law – Murder – Identification and eyewitness evidence – Ballistic and ammunition accounting – Malice aforethought under section 191(b) – Doctrine of common intention – Liability of police officers for unlawful use of firearms.
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17 September 2009 |
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Accused convicted of aggravated defilement based on victim identification, medical evidence of penetration, and corroborative admissions; sentenced to seven years.
* Criminal law – Aggravated defilement – elements: victim under 14, unlawful sexual intercourse (penetration), and accused’s participation. * Evidence – medical and lay witness corroboration of penetration and injuries. * Evidence – victim identification and contemporaneous admissions in charge and caution statement corroborative. * Principle – slightest penetration sufficient to establish sexual intercourse for defilement.
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17 September 2009 |
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Court allowed adoption by maternal uncle who met statutory and exceptional requirements despite foreign citizenship.
* Adoption law – children’s welfare paramount – exceptional circumstances allowing sole male adopter of female child where applicant is maternal uncle and long-term foster carer; * Inter-country adoption – section 46 requirements (fostering under supervision, criminal record, recommendation, recognition by country of origin) satisfied; * Consent – parental and spousal consent obtained; * Post-order formalities – registration and passport/embassy recognition required.
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10 September 2009 |
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Court appointed foreign applicants as legal guardians where appointment served the child’s best interests and suitability was proven.
Children Act – best interests of the child paramount; legal guardianship – suitability assessed by home study, employment, prior care order and absence of criminal record; High Court jurisdiction to appoint guardians and impose conditions including registration, passport and periodic welfare reports.
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8 September 2009 |
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8 September 2009 |
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Conviction for aggravated defilement based on positive child identification and medical corroboration; sentenced to 17 years imprisonment.
Criminal law – Aggravated defilement – proof of intercourse and age – medical corroboration of sexual assault – identification by a child of tender years with mental disability – alibi defence – sentencing considerations.
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8 September 2009 |
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Applicant’s request to deposit disputed monthly rents in court granted; temporary injunction to maintain status quo ordered.
Civil procedure – temporary injunction – maintenance of status quo; Equitable relief – deposit of disputed rents into court pending final determination; Evidence – failure to file affidavit treated as admission; Oral submissions cannot displace affidavit evidence; Prevention of dissipation of contested funds.
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7 September 2009 |
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Court quashed university disciplinary decisions for procedural unfairness, awarded UGX 3,000,000 general damages and costs to the applicant.
Judicial review – prerogative orders – certiorari for procedural impropriety and breach of natural justice; Administrative law – fair hearing requirements in university disciplinary proceedings; Procedural irregularity – inconsistent charges and failure to put allegations to accused; Evidence – applicant’s failure to prove special damages; Remedies – quashing of disciplinary decisions, award of general damages; Joinder – university council properly joined in judicial review.
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7 September 2009 |
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Court appointed foreign foster parents as legal guardians, prioritising the child’s welfare and imposing registration and reporting conditions.
Children Act – Guardianship – Welfare of the child paramount – Appointment of foreign nationals as legal guardians – Conditions: registration, passport, travel and annual welfare reporting.
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4 September 2009 |
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Widow entitled to occupy deceased spouse’s principal residence under Succession Act; occupancy right granted, no costs.
Succession Act s.26 & Second Schedule (Part I) – entitlement of surviving spouse to occupy intestate’s principal residential holding; proof of marriage and ordinary residence; High Court’s inherent powers under s.98 Civil Procedure Act to grant occupancy relief.
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4 September 2009 |
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Criminal law|Commercial crime
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3 September 2009 |
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Criminal law
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3 September 2009 |
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Parental care and protection
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2 September 2009 |
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Civil Procedure
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1 September 2009 |
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Appeals and reviews|Property Law
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1 September 2009 |
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Criminal law|Evaluation of Evidence
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1 September 2009 |