Results.
20 judgments found.
Citation
Sort by Citation ascending
Judgment date
Sort by Judgment date ascending
March 2011
Regulation 32(1) does not create a fixed-term contract; retrenchment with statutory benefits doesn't entitle payment for unserved period.
Employment law — Interpretation of Regulation 32(1) SI No. 80 of 2000 — fixed-term contract versus compulsory retirement — computation of terminal benefits under Regulation 37 — retrenchment/restructuring and entitlement to remuneration for unserved period — relevance of Bank of Uganda v. Tinkamanyire
31 March 2011
The court affirmed a valid land sale, granting the plaintiff ownership and remedies despite illiteracy claims.
Property law — land dispute — sale agreement validity — literacy — Illiterates (Protection) Act — land ownership entitlement.
30 March 2011
Breach of contract for sale of land — plaintiff awarded principal, general damages and 12% interest; exemplary damages refused.
Contract law — Remedies — Breach of contract for sale of land — Damages for non‑delivery and measure of general damages
Civil procedure
— Judgment on admission — Order 13 r.6 CPR — Effect of admission of liquidated sums
— Interest — Discretionary award of pre‑judgment and post‑judgment interest — Civil Procedure Act s.26(2)
30 March 2011
Judgment entered for plaintiff for purchase monies; general damages awarded and 12% interest; exemplary damages refused.
Civil procedure — Judgment on admission — O.13 r.6 — Entry of judgment for admitted liquidated sums
Contract — Remedies for breach — General damages assessment — Foreseeability rule (Hadley v. Baxendale)
Civil procedure — Interest on decretal sums — s.26(2) Civil Procedure Act — Discretionary award of 12% p.a
30 March 2011
A decree without a lawful judgment and costs awarded to an unsuccessful litigant are illegal and were set aside.
Civil revision — Illegality of extracted decree without a valid judgment — Taxation of costs predating suit — Awarding costs to unsuccessful litigant — Costs cannot substitute unproven general damages — Gross procedural irregularity.
29 March 2011
Oral evidence by a non-party showing a subsequent variation of a written land sale was admissible; appellant’s afterthought claim failed.
Civil property — Sale of land — Competing sales to different purchasers — Proof by possession and credible witness testimony — Appellate re-evaluation of facts
Evidence — Contractual terms in writing — Evidence Act s.91 and s.99 — Admissibility of oral evidence by non-parties to show subsequent/contemporaneous variation or rescission of written disposition
Civil procedure — Locus in quo — Purpose is to verify testimony, not to introduce new evidence or fill gaps in pleadings
28 March 2011
The court affirmed the appellants' ownership rights to the disputed land and provided remedies for trespass.
Land Law — Ownership — Right of quiet possession — Trespass and boundary determination.
28 March 2011
Whether a taxing officer correctly applied the Advocates’ scale when awarding excessive instruction fees on a withdrawn divorce petition.
Advocates’ costs — Taxation of bills — Application of Advocates (Remuneration & Taxation of Costs) Rules — Sixth Schedule — Instruction fees — Basic scale (Sh.75,000) — Manifestly excessive award — Appellate reduction — Judicature Act powers.
24 March 2011
23 March 2011
Whether an appeal lies from a Chief Magistrate’s order for a parliamentary vote recount under S.55 PEA.
Election law — Recount under S.55 Parliamentary Elections Act — Appealability of Chief Magistrate recount orders
Civil procedure — Appeals from Magistrates’ Courts — Magistrates Courts Act s.220; ss.229–230 — interplay with Civil Procedure Act
Statutory interpretation — Silent provision — Filling procedural lacunae by reference to general enabling legislation (MCA)
23 March 2011
Prosecution failed to establish a prima facie case for robbery with aggravation due to contradictory and non‑identifying evidence.
Criminal law
— Robbery with aggravation — Prima facie case — Requirements to establish a case to answer
— Identification evidence — Failure to identify accused at night; insufficiency of circumstantial identification
Criminal procedure — Evidential contradictions and exhibit defects — When unreliable or contradictory prosecution evidence negates a case to answer
21 March 2011
Uncorroborated unsworn child testimony and no medical evidence precluded a prima facie case of aggravated defilement.
Criminal law — Aggravated defilement — Prima facie case — Requirement of corroboration for un‑oathed child witness
Criminal procedure — Sufficiency of evidence — Absence of medical corroboration and hearsay from sleeping sibling undermining prosecution case
Evidence — Child witness testimony — Need for corroboration where witness is unsworn and accounts are inconsistent
21 March 2011
Criminal prosecution under s.117 is inappropriate where civil procedure provides enforcement remedies for disobedience of interim orders.
Criminal law — Enforcement of civil orders — Whether disobedience of an interim civil order may be prosecuted under s.117 Penal Code — Civil Procedure Rules Order XLI r.2(3) — Judicature Act s.17
18 March 2011
Failure to guide an unrepresented appellant and consider mitigating factors rendered a one‑year custodial sentence excessive.
Criminal law — Sentencing — Whether a one‑year custodial sentence for a misdemeanor was manifestly harsh or excessive — Mitigating and aggravating factors; onus on State
Criminal procedure — Allocutus — Duty to guide an unrepresented accused in presenting mitigating factors before sentence
Criminal law — Plea of guilty — Requirement for an unequivocal plea supported by clear factual narrative before conviction
16 March 2011
Claim dismissed because it relied on an unstamped pre-incorporation agreement, so no cause of action existed.
Civil procedure — Disclosure of cause of action — Reliance on unstamped instrument inadmissible under Stamps Act
Company law — Pre-incorporation contracts — Company cannot be bound by or ratify agreements made before incorporation
15 March 2011
Failure to produce some discovery documents does not automatically justify striking out the respondent's defence.
Civil procedure
— Discovery and inspection — Compliance with disclosure orders — Remedy of striking out under Order 10 r21 CPR
— Trial management — Missing or untraceable documents — Possession and relevance to be determined at trial
10 March 2011
Temporary injunctions are not available in civil appeals; the proper remedy is stay of execution; application dismissed.
Civil Procedure
— Appeals — Interim relief — Temporary injunctions not available in appeals; stay of execution is the proper remedy
— Abuse of process — Misapplication of interlocutory procedure in appeal — Application dismissed with costs
10 March 2011
Inconsistent pleadings and lack of evidence of irreparable harm defeat application for temporary injunction against market redevelopment.
Civil procedure — Interlocutory injunction — Requirements of prima facie case, irreparable injury and balance of convenience
Land law — Tenancy v ownership — Inconsistent pleadings undermine entitlement to interlocutory relief
Public interest — Redevelopment of municipal market — Effect on balance of convenience
3 March 2011
High Court lacked jurisdiction; application for leave to appeal out of time struck out as incompetent.
Civil procedure — Appeals
— Leave to appeal out of time — Jurisdiction to grant extension — High Court versus Court of Appeal
— Notice of appeal — Time limits under Court of Appeal Rules — Extension of time to be sought from Court of Appeal
Constitutional law — Access to justice — Article 126(2)(e) — Substantive justice does not override mandatory procedural requirements
3 March 2011
Application for mandamus to compel reinstatement to public office dismissed due to irregularly granted leave and abandonment of post.
Judicial review — Mandamus — Reinstatement in public office — Leave of absence — Public Service Standing Orders — Procedural irregularity — Discretionary relief — Abandonment of public office.
2 March 2011