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225 judgments found.
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December 2011
Failure to file an affidavit in reply noted; respondent's affidavit retained despite some breaches of Order 19 Rule 3.
Civil procedure — Affidavits
— Failure to file affidavit in reply — Effect of absence of affidavit in reply on party's evidence
— Order 19 Rule 3 — Matters confined to deponent's knowledge and admissibility
Civil procedure — Preliminary objections — Relief limited; court to assess admissibility and relevance at trial
22 December 2011
Vesting application dismissed for failure to prove entitlement and to annex supporting documents.
Land law — Transfer/vesting orders — Application for vesting of registered land and burden of proof — Requirement to annex supporting documents and judgments relied upon — Civil Procedure Act s98; Judicature Act s33; CPR Order 52 r1-2
21 December 2011
Court ordered cancellation of a fraudulent title and registration of the administrator following criminal convictions for forgery and false pretences.
Land law — Registration and rectification of title — Cancellation and substitution of proprietor under s 177 RTA — Criminal conviction as basis for consequential rectification
Civil procedure — Ex parte proceedings — Failure to file affidavit/reply — Effect of deemed admission of uncontroverted affidavit evidence
21 December 2011
Plaintiff proves 1983 transfer was forged; transfer cancelled and title restored as administrator; not time‑barred.
Land law
— Registered title and indefeasibility — Fraud vitiating title — Fraud must be attributable to transferee and proved by claimant
— Bona fide purchaser for value — Requirements, onus and effect of negligence in enquiries before purchase
Limitation — Discovery rule for actions based on fraud — Limitation Act s 25 (period begins on discovery)
19 December 2011
Court set aside dismissal where applicant unaware due to lack of hearing notices and file misallocation.
Civil procedure — Dismissal for non-appearance — Setting aside dismissal under Order 9 r 23 — Sufficiency of cause where hearing notices not served and file misallocation
Evidence — Affidavit evidence — Unchallenged and unrebutted affidavits presumed admitted and may establish factual basis for relief
Civil procedure — Ex parte proceedings — Effect of respondent's failure to file affidavit; applicant remains bound to prove case on balance of probabilities
15 December 2011
Whether mere possession of a sale agreement gives constructive possession against a bona fide occupier who purchased without notice.
Land law — Possession — Constructive possession v actual occupation — Effect against bona fide purchaser in possession
Evidence — Pleading and proof of fraud — Fraud must be specifically pleaded and strictly proved
Civil procedure — Grounds of appeal — Argumentative or narrative grounds incompetent and liable to be struck off
15 December 2011
Appellate court affirmed embezzlement, abuse of office and false accounting convictions based on documentary and handwriting evidence.
Criminal law — Embezzlement — Calculation of loss from documentary exhibits and handwriting expert findings
Criminal procedure/evidence — Particulars of charge — Effect of dates outside the charge sheet on admissible proof
Public law — Accountability — Responsibility of project implementer to account versus general accounting officer (CAO)
14 December 2011
Advocate's negligence justified setting aside dismissal and reinstating the estate administration suit; substantive issues to be tried.
Civil procedure
— Setting aside dismissal under Order 9 r17 — Good cause and reinstatement — Advocate's negligence not to be visited on party — Civil Procedure Rules (S.I.71-1)
— Res judicata and locus standi — Substantive issues to be decided at trial, not in application to set aside dismissal
12 December 2011
Appeal dismissed as appellant failed to justify re-trial decisions and improperly introduced new appeal grounds.
Civil procedure; appeal process; original jurisdiction; introduction of new grounds in appeal without leave; re-trial procedure.
8 December 2011
Appeal from dismissal of leave to defend in a summary suit required leave and was struck off; dismissal also upheld on the merits.
Civil procedure — Summary suits (Order 36 CPR) — Application for leave to defend — Appealability — Order 44 CPR — leave to appeal required for orders not listed as appealable as of right — appeal struck off for failure to obtain leave; trial magistrate’s dismissal for lack of triable issue upheld.
8 December 2011
Application to cancel registered title dismissed as premature and abusive while revision of underpinning consent order is pending.
Civil procedure — Interim relief affecting title — Prematurity where underlying consent order is subject to pending revision — Avoiding multiplicity of proceedings
Property law — Registration of title — Application to cancel registered proprietor pending challenge to consent judgment — Court refusal to pre‑empt revision proceedings
Civil procedure — Abuse of process — Granting relief that would render pending proceedings nugatory — Dismissal with costs
8 December 2011
Registrar may have statutory power under s91, but cancelling title while a related court suit is pending is irrational.
Administrative law — Judicial review — Illegality and irrationality of Registrar’s intention to cancel title — Land Act s91 — Judicial review remedies (certiorari, mandamus, injunction)
Land law/Civil procedure — Pending court proceedings — Administrative action that pre-empts or prejudices a pending suit is irrational and may be restrained
7 December 2011
Court held caveat improperly lodged; plaintiff bona fide purchaser; caveat vacated and damages awarded under s142.
Land law — Registration and caveats — Vacating caveat and damages for lodging caveat without reasonable cause — Registration of Titles Act s.142
7 December 2011
Advanced age can constitute an exceptional circumstance permitting bail in a capital case, subject to stringent conditions.
Criminal law — Bail pending trial — Capital offences — Exceptional circumstances (advanced age) may justify bail — Constitution art 23(6)(a),(c)
7 December 2011
Convictions for fraudulent false accounting and abuse of office upheld on handwriting and circumstantial evidence.
Criminal law — Anti-Corruption Act — Fraudulent false accounting and abuse of office — Sufficiency of circumstantial and handwriting expert evidence — ACA ss.23,11
6 December 2011
Sworn evidence of a child of tender years, corroborated by circumstantial and medical evidence, supported conviction for aggravated defilement.
Criminal law — Aggravated defilement — Elements: sexual act and victim under 14 — Child evidence — voir dire, sworn evidence of child of tender years may suffice — Identification by child — corroboration by circumstantial and medical evidence — Sentence 24 years imprisonment.
6 December 2011
Refusal to adjourn after counsel’s failure denied the appellant the constitutional right to a fair hearing.
Civil procedure — right to be heard — denial of fair hearing where defence closed before defendant could give evidence; counsel’s failure to present defence — adjournment to obtain fresh counsel usually required; miscarriage of justice — setting aside judgment and ordering retrial.
2 December 2011
High Court held appeal from Chief Magistrate striking a defendant was properly before it; objection overruled with costs.
Civil procedure — Appeals from magistrates' court — Appealability of orders of Chief Magistrate — Interpretation of s 220(1)(a) Magistrates Courts Act
1 December 2011
November 2011
A plaint alleging deprivation of land by fraud can disclose a cause of action to challenge a registered title under RTA s.176.
Land law — Registration of Titles Act s.176 — Challenge to registered title for deprivation by fraud — Whether plaint discloses cause of action
Civil procedure — Pleadings — Cause of action and strike out — Whether defects are curable or require trial of facts
30 November 2011
IGG investigatory report lacked hearing but was investigatory; prerogative remedies inappropriate and application dismissed with costs.
Administrative law
— Inspectorate of Government investigations — Power to investigate matters pending before court — Inspectorate of Government Act s.19(1)
— Natural justice — Obligation to afford hearing before adverse investigatory findings alleging forgery and fraud
Judicial review — Prerogative remedies — Appropriateness of certiorari, mandamus and declaratory relief against investigatory reports
29 November 2011
Summary dismissal of a partly‑heard land claim after tribunal abolition breached the appellant’s right to be heard.
Civil procedure
— Transfer of cases from defunct tribunals — Dismissal for want of prosecution — Right to be heard and natural justice
— Adjournment and continuance of partly‑heard matters — Application of O.17 r.4 C.P.R. — Remedy of remittal for hearing
29 November 2011
Failure to extract the decree in a magistrate-court appeal renders the appeal incompetent and warrants striking it out, despite timely notice.
Appeals — Magistrates’ Court to High Court — requirement to extract and file decree with memorandum of appeal — duty of unsuccessful party — failure to extract decree is fatal irregularity and renders appeal incompetent — notice of appeal may commence appeal; delay in memorandum excused where proceedings awaited — incompetence not cured by amendment, supplementary record or reinstatement; appeal struck out.
29 November 2011
Unlawful suspension contrary to Employment Act s63 constituted dismissal; employee awarded damages and counterclaim dismissed.
Employment law
— Suspension and termination — Compliance with Employment Act s63 — When an unlawful suspension amounts to dismissal
— Remedies for unlawful dismissal — Compensation in lieu of notice and additional damages for statutory non-compliance
Civil recovery — Counterclaim for alleged misappropriated funds — Insufficient evidence to establish employee liability
29 November 2011
Court finds unlawful distress and awards damages for wrongful detention of property affecting advocate’s business.
Landlord and tenant — breach of contract — unlawful detention of property — re-entry and distress — damages awarded.
28 November 2011
Appellate court held trial magistrate erred in dismissing injunction, pre‑judging merits and awarding unclaimed costs; injunction granted.
Civil procedure
— Interim relief — Temporary injunction — Requirements: prima facie triable issue, irreparable injury, balance of convenience — Order 41 R(1)(a) CPR
— Interlocutory applications — Prohibition on disposing main suit or deciding merits at interlocutory stage
— Costs — Court must not award costs or remedies not specifically prayed for; discretion must be judiciously exercised
23 November 2011
22 November 2011
Application to set aside ex parte judgment dismissed due to proper substituted service and fatal defects in applicants' affidavits.
Civil procedure — Application to set aside ex parte judgment — Validity of substituted service — Role and sufficiency of affidavits — Representative affidavits without written authority — Preliminary objections upheld — Dismissal of application.
18 November 2011
Alleged bribery, multiple voting and nomination irregularities were not proved; court upheld the respondent’s election and dismissed the petition.
Electoral law
— Election petitions — Standard of proof in election petitions — Proof 'to the satisfaction of the Court' requires a higher standard than ordinary civil balance of probabilities (Parliamentary Elections Act s.61(3))
— Illegal practices and bribery — Gifts, campaign material and intent — Giving items (T‑shirts, life jackets, feasts, money) constitutes bribery only where there is evidence of intent to influence voting
Evidence law — Admissibility of official instruments — Uganda Gazette admissible without formal proof; hearsay letters not admissible to prove factual matters
13 November 2011
A stay of execution was refused where no appeal or notice had been filed against the decree sought to be stayed.
Civil procedure — stay of execution — application for stay pending appeal — whether stay can be granted absent a filed appeal or notice — inherent jurisdiction of High Court — requirements for exercising discretion to stay execution.
10 November 2011
Specific performance granted where vendor repudiated the sale by evading the purchaser despite readiness to pay balance.
Land law — Sale of land — Binding written agreement and equitable ownership arising upon part payment — Specific performance available to purchaser
Contract law — Breach/Repudiation — Vendor preventing purchaser from paying balance by evasion — Effect as repudiatory conduct and right to require performance
7 November 2011
Unsworn testimony of a child of tender years requires independent corroboration to prove identity in aggravated defilement cases.
Criminal law
— Sexual offences — Aggravated defilement — Corroboration requirement for unsworn evidence of a child of tender years under s.40(3) Trial on Indictments Act
— Evidence — Proof of penetration — Medical evidence of slight penetration and hymenal elevation can suffice to establish sexual intercourse
— Identification — Sole unsworn child witness requires independent material corroboration before conviction
7 November 2011
Ex parte judgment set aside where defendant was not notified and unchallenged affidavit showed a prima facie defence.
Civil procedure
— Setting aside ex parte judgment — Whether defendant was duly served or prevented by sufficient cause from appearing — Order 9 r.27 CPR
— Evidence — Unchallenged affidavit averments presumed admitted — Effect where respondent fails to file reply
3 November 2011
Petitioner failed to prove significant non‑compliance or illegal practices sufficient to overturn the parliamentary election result.
Election law
— Parliamentary elections — Competence of answers and curable procedural irregularities — Interpretation of filing rules and court fees
— Election petitions — Non‑compliance with electoral law — Quantitative and qualitative tests for substantial effect on result
Evidence — Allegations of bribery and illegal practices — Need for cogent, corroborated proof and clear nexus to candidate
2 November 2011
October 2011
A defendant may, on showing sufficient cause and providing security, have an ex parte judgment set aside to defend the suit.
Civil Procedure — Setting aside ex parte judgment — Effectiveness of service of summons — Affidavit of service — Security for leave to defend — Summary procedure on dishonoured cheques.
31 October 2011
Trial court erred by shifting the burden to the accused; prosecution failed to prove embezzlement beyond reasonable doubt.
Criminal law
— Burden of proof — Whether the prosecution bears the onus throughout and a trial court may not shift it to the accused — Woolmington principle
— Embezzlement — Proof required — Unresolved money trail and presence of a ghost employee raising reasonable doubt
31 October 2011
Whether earlier representation of an estate bars an advocate from representing an adverse party in a suit by estate beneficiaries.
Professional conduct — Conflict of interest — Prior representation of an estate and subsequent representation of an adverse party — Advocates (Professional Conduct) Regulations SI 267-2 r.4
24 October 2011
Accused convicted of aggravated defilement; victim’s testimony corroborated by medical evidence; sentenced to 18 years.
Criminal law
— Aggravated defilement — Proof of sexual intercourse and age — Complainant’s evidence corroborated by medical findings and behaviour
— Identification by single witness — Reliability factors: acquaintance, voice recognition, proximity and opportunity for observation
Sentencing — Aggravating factors — Position of trust, repeated offences against a child — Sentence of 18 years' imprisonment
24 October 2011
An illegally ordered and executed recount cannot lawfully displace an initial valid election declaration; original winner remains elected.
Electoral law — Parliamentary elections — Recount jurisdiction under s.55 PEA — Chief magistrate must personally conduct recount; cannot delegate or abdicate jurisdiction
Election petitions — Legality of recounts — Recount conducted outside judicial process and in disobedience of High Court order is null ab initio
Electoral procedure — Effect of illegal recount — An illegal recount cannot lawfully displace a valid prior declaration
23 October 2011
Appeal allowed: bank not a public body; trial‑within‑a‑trial and reliance on retracted confessions rendered convictions unsafe.
Criminal law — Abuse of office — Whether a privatised/divested bank is a "public body" under s.87 PCA/s.11 ACA
Criminal procedure — Confessions — Retracted charge and caution statements; necessity of a properly conducted trial‑within‑a‑trial and corroboration
Evidence — Co‑accused statements — Inadmissibility/unsafe reliance on uncorroborated statements of co‑accused
21 October 2011
A purchaser at a court-ordered sale is entitled to be registered as proprietor and have a special title issued if vendors refuse transfer.
Land law — Registration of Titles Act — enforcement of consequential orders — court-ordered sale — registration of purchaser as proprietor — failure of vendors to transfer title — powers of court to order substitution of names and issuance of special certificate of title.
18 October 2011
Court adjourned suit pending appeal on property ownership, refusing preliminary locus standi challenge to avoid multiplicity.
Civil procedure
— Preliminary point of law — Locus standi and property ownership — Adjournment pending appeal to avoid inconsistent decisions
— Multiplicity of proceedings — Final determination and complete adjudication — Judicature Act s 33; Constitution Art 134(2)
13 October 2011
Election set aside after court found multiple proved acts of bribery by the successful candidate.
Electoral law — Parliamentary elections — Bribery and illegal practices — Single proved illegal practice suffices to vitiate election — Parliamentary Elections Act ss 61(1), 61(3), 63(4), 68(1)
12 October 2011
An improperly constituted tender review and ignored PPDA directive rendered the award void; plaintiff awarded general damages.
Administrative law — Public procurement — Fair hearing and bias in tender review — Tribunal composition and conflict of interest
Procurement law — PPDA intervention — Effect of PPDA stop directive on contract validity
Remedies — Damages — Special versus general damages and requirement to plead exemplary damages
11 October 2011
Court found no partnership or joint tenancy; administrator’s titles valid; defendant evicted and damages awarded.
Partnership law — Existence of partnership/joint venture — Whether oral mutual understanding and sharing of proceeds establish a partnership — Partnership Act s.3
Land law — Joint tenancy and title — Whether unregistered claims or photocopied documents create joint tenancy; registration conclusive — Registration of Titles Act ss.54,56
Succession/administration — Administrator’s acts to preserve estate and registration in deceased’s name — Validity of titles and administrator’s actions — Succession Act ss.191-192; RTA s.28
11 October 2011
Failure to account for advanced public funds after an audit query amounted to abuse of office and caused financial loss.
Criminal law
— Abuse of office — Failure to account after audit query — Arbitrary act prejudicial to employer
— Causing financial loss — Failure to carry out funded activity and failure to refund — Knowledge of resultant loss
Appeal — Evaluation of evidence — Appellate reluctance to disturb properly reasoned trial findings
6 October 2011
Whether to restrain the Commissioner from cancelling a registered title pending the main suit, given statutory cancellation procedures.
Land law — Interim relief/temporary injunction — Restraint of cancellation of registered title pending suit — Requirement of prima facie case, irreparable harm and balance of convenience — Registration of Titles Act/Land Act (notice and hearing)
6 October 2011
An election may be set aside upon proof of bribery by the successful candidate, regardless of non-compliance with other electoral procedures.
Electoral law — Election petitions — Whether non-compliance with electoral law and irregularities (including ballot paper errors and exclusion of agents) invalidated the election — Burden of proof in election petitions — Standard of proof — Election bribery — Proof of illegal practices — Setting aside of election upon proof of bribery — Reliefs and costs.
5 October 2011
Court sets aside judgment due to agreement under duress and trees being on a road reserve, not private land.
Trespass — Road reserves — Duress in police custody — Award of general and special damages.
2 October 2011
September 2011
Alleged recent acts of trespass can prevent a limitation bar; limitation is a triable issue determined after evidence.
Civil procedure — Limitation — Recovery of land v trespass — Whether s.5 Limitation Act applies to trespass actions
Evidence — Documentary evidence at preliminary objection stage — Authenticity of photographs — Premature to decide without trial
Civil procedure — Preliminary objection — Court examines pleadings only — Limitation may be a triable issue
29 September 2011
Parliamentary election set aside for disenfranchisement and procedural irregularities that substantially affected the result.
Election law — Parliamentary elections — Non‑compliance with statutory tally procedures and control of ballot papers — Disenfranchisement and missing Declaration of Results forms — Parliamentary Elections Act ss 53, 61
22 September 2011