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34 judgments found.
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September 2009
Court granted ex parte temporary injunction restraining respondent from dealing with disputed land pending main suit.
Civil procedure — Interim injunction — Ex parte temporary injunction — Prima facie case and balance of convenience — Order 41 CPR; s98 Civil Procedure Act
30 September 2009
The court appointed the applicant guardian and granted custody as being in the child's best interests.
Family law — Guardianship and custody — Welfare and best interests of the child — Children Act s 3 and s 4
Civil procedure/Jurisdiction — High Court powers to grant guardianship, custody and ancillary orders — Article 139(1) Constitution; Judicature Act; Civil Procedure Act
30 September 2009
High Court appointed foreign applicants as legal guardians of an abandoned infant, prioritizing the child's welfare and imposing reporting conditions.
Family law — Guardianship — Appointment of legal guardians for abandoned infant — Welfare of child paramount — Children Act s3 & First Schedule para 1(b)
Constitutional law — High Court jurisdiction — Article 139(1) & Judicature Act ss14,33 — Power to grant remedies in interests of justice
Family law — Guardianship suitability — Assessment of applicants’ fitness, home study, good conduct and welfare reporting requirements
30 September 2009
Default judgment granted for plaintiffs for wrongful re‑entry onto leased premises; lost rent of Shs.89,250,000/= awarded.
Civil procedure — Default judgment — Effect of failure to file a defence and substituted service — Presumption of constructive admission
Land law — Lease and trespass — Wrongful re‑entry by reversionary estate — Assessment of damages for lost rent
30 September 2009
Court appointed foreign applicants as legal guardians of two orphaned children, finding it in their best interests.
Family law
— Guardianship — Appointment of guardians for orphaned minors — Welfare and best interests of the child paramount — Children Act ss 2, 3 and First Schedule para 1(b)
— Foreign guardians — Suitability assessments, home study, criminal and medical clearances, embassy registration, passports and annual welfare reporting
29 September 2009
Whether circumstantial evidence and an alleged admission to police proved the accused guilty of murder beyond reasonable doubt.
Criminal law
— Murder — Ingredients of murder: death, unlawful cause, malice aforethought, participation
— Circumstantial evidence — Sufficiency to convict — Inculpatory facts must exclude every reasonable hypothesis of innocence
Criminal procedure — Admissions and conduct — Accused's alleged confession and direction to scene as corroborative evidence
29 September 2009
Court appointed foreign applicants as legal guardians of an abandoned infant, finding the appointment in the child’s best interests.
Family law — Guardianship — Appointment of legal guardian — Welfare and best interests of the child paramount — Children Act
28 September 2009
Court granted legal guardianship to foreign applicants for an abandoned child, imposing registration and annual reporting conditions.
Family law
— Children Act — Legal guardianship — Best interests of the child
— Guardianship by foreign nationals — Home study, criminal clearance and registration/reporting conditions
28 September 2009
Court granted legal guardianship to foreign applicants after finding the abandoned child's welfare best served by their appointment.
Family law — Children Act — Legal guardianship — Welfare of the child — Appointment and conditions for foreign guardians
28 September 2009
Conviction for aggravated robbery based on reliable single-witness identification and corroborative medical/physical evidence.
Criminal law — Aggravated robbery — Elements: theft and use of a deadly weapon
24 September 2009
Failure to plead the Law Reform Act in a fatal‑accident suit rendered the proceedings null, justifying revision and setting aside execution.
Civil procedure — Revision — High Court revisional jurisdiction under s.83 CPA — Scope to correct illegality or material irregularity even where appeal lies
Evidence — Documentary evidence — Identification marks versus exhibits — Court must not rely on documents not formally admitted in evidence
Tort (fatal accidents) — Pleading and proof — Fatal‑accident claims must be brought under the Law Reform (Miscellaneous Provisions) Act and essential facts (e.g. employment for vicarious liability) must be pleaded and proved
23 September 2009
Medical evidence, victim identification and admissions corroborated the complainant’s account, resulting in rape conviction and 15-year sentence.
Criminal law
— Rape — Proof of penetration and non-consent — Corroboration by medical and complainant’s evidence
— Identification — Recognition in moonlight and admissions — Sufficiency to identify accused
— Evidence — Charge-and-caution statement and admissions — Role as corroborative evidence
23 September 2009
Credible victim testimony and independent eyewitness corroboration can sustain an aggravated defilement conviction absent medical evidence.
Criminal law
— Sexual offences — Aggravated defilement — Conviction on cogent victim testimony and independent eyewitness corroboration despite lack of medical evidence
— Evidence — Age of victim — Court may assess age by testimony and observation where documentary proof lacking
Criminal procedure — Assessors — Trial judge may lawfully differ from assessors’ advice where judge finds evidence proves offence
21 September 2009
An unstamped assignment deed is inadmissible and cannot found a cause of action; application struck out.
Judicial review — Locus standi — Assignee of club rights — Sufficient interest but distinct from cause of action
Civil procedure — Interim relief — Chamber Summons under O.41 CPR competent for temporary injunctions pending judicial review
Evidence — Stamps Act s.42 — Unstamped instruments inadmissible in evidence and cannot found cause of action against third parties
18 September 2009
High Court appointed foreign applicants as guardians of a Ugandan orphan, prioritising the child's best interests and imposing registration and reporting conditions.
Family law — Guardianship — Best interests of the child — Appointment of foreign guardians — Conditions for registration and annual reporting
18 September 2009
Appellate court found vicarious liability proved in default, allowed medical and police costs, disallowed unproved earnings and awarded general damages.
Tort — Motor-vehicle accidents — Vicarious liability of vehicle owner for servant’s negligence — Pleading and proof of ownership and agency
Civil procedure — Joinder — Non-joinder of driver — Plaintiff may sue owner alone and non-joinder is not fatal where owner is sued and pleaded
Evidence — Damages — Special damages must be specifically pleaded and strictly proved; unchallenged pleadings in default lead to acceptance
18 September 2009
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
17 September 2009
Whether revision lies where a magistrate closed the prosecution's case in the absence of state representation.
Criminal procedure
— Revision jurisdiction — Competence of revision where appeal available — Effect of procedural bars where illegality is alleged
— Fair trial/regularity — Closure of prosecution case in absence of state representation — Illegality overriding procedural technicalities
17 September 2009
Whether the second accused police officer acted with malice aforethought when he fired at civilians, causing death.
Criminal law
— Murder — Malice aforethought — Knowledge that act will probably cause death (Penal Code s.191(b))
— Common intention — Requirement of shared unlawful mission and basis for inferring or excluding joint liability
Evidence — Identification and ballistic/ammunition accounting — Corroboration of eyewitness testimony
17 September 2009
Accused convicted and sentenced for aggravated defilement of a girl under 14 based on medical, witness and admission evidence.
Criminal law — Sexual offences — Aggravated defilement — Proof of age, identity and penetration
Evidence — Charge and caution statement — Admissions corroborating victim's account
Sentencing — Factors — Deterrence, protection of children and time spent on remand
17 September 2009
Applicant, a maternal uncle and British citizen, permitted to adopt the child due to exceptional circumstances and welfare considerations.
Family law — Adoption
— Sole male applicant adopting a female child — Exceptional circumstances under s45(3)
— Intercountry adopter (non‑citizen) — Fosterage, probation recommendation and fitness under s46
10 September 2009
High Court appointed foreign applicants as legal guardians based on child's welfare, suitability, and reporting requirements.
Family law — Guardianship — Appointment of legal guardian — Welfare and best interests under the Children Act
Civil procedure — High Court jurisdiction and remedial powers — Orders under Judicature Act s33 and Civil Procedure Act s98
8 September 2009
8 September 2009
Whether a mentally impaired child's consistent identification, corroborated by medical evidence, can sustain aggravated defilement conviction.
Criminal law
— Aggravated defilement — Proof of sexual intercourse and victim's age — Medical corroboration
— Identification — Single child witness of tender years with mental disability — Requirements for reliability and corroboration
— Alibi — Accused raises alibi; prosecution bears burden to disprove it
8 September 2009
Court granted interim injunction and ordered monthly rents deposited in court pending final determination.
Land law — Interim relief — Injunction and preservation of rents — Deposit of disputed rental income in court pending final determination
7 September 2009
University disciplinary decisions were quashed for procedural unfairness; applicant awarded general damages and costs.
Administrative law
— Judicial review — University disciplinary procedures — Procedural impropriety and breach of natural justice — Quashing of disciplinary decisions
— Joinder — University Council — Proper party to challenge of university committee decisions under UTIA
Remedies — Certiorari and damages — Remission discretionary; general damages awarded where procedural breaches caused loss
7 September 2009
Court appointed foreign applicants as legal guardians in the child’s best interests, imposing registration, passport and annual reporting conditions.
Family law — Guardianship
— Best interests and welfare of the child paramount — Appointment of legal guardians to foreign applicants
— Suitability and consent — Effect of parental consent and prior foster/care orders on guardianship
— Conditions for transnational guardianship — Registration, embassy notification, passport and annual welfare reporting
4 September 2009
Widow entitled to right of occupancy of deceased husband's principal residence under Succession Act s.26.
Succession law — Residential holding — Widow's entitlement to occupy intestate's principal residence — Succession Act s.26; Second Schedule Part I
Civil procedure — Inherent jurisdiction — High Court's power to grant remedies to prevent abuse of process — Civil Procedure Act s.98
4 September 2009
Criminal law|Commercial crime
3 September 2009
3 September 2009
Parental care and protection
2 September 2009
1 September 2009
Appeals and reviews|Property Law
1 September 2009
Criminal law|Evaluation of Evidence
1 September 2009