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Citation
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Judgment date
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| July 2011 |
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Elections
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22 July 2011 |
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Elections
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21 July 2011 |
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Elections
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21 July 2011 |
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Elections
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21 July 2011 |
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Elections
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21 July 2011 |
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21 July 2011 |
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Elections
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20 July 2011 |
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Criminal law
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15 July 2011 |
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Criminal law
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15 July 2011 |
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Court invalidates disputed land sale agreement due to improper documentation and evidential issues.
Land Law - Validity of sale agreements - Evidence admissibility - Primary versus secondary evidence - Signature requirements under the Registration of Titles Act.
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13 July 2011 |
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Elections
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11 July 2011 |
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Elections
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8 July 2011 |
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Elections
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7 July 2011 |
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Civil Procedure|Affidavits|Elections
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5 July 2011 |
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Elections
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4 July 2011 |
| June 2011 |
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Elections
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30 June 2011 |
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A candidate’s resignation must be validly addressed and accepted; invalid resignation renders nomination and election void.
Constitutional and electoral law – candidate qualification – requirement to resign from public office before nomination; appointing authority; resignation procedures under Standing Orders; ineffectiveness of resignation addressed to wrong authority. Evidence – affidavit rules – matters on information and belief require disclosed sources; burden and standard of proof in election petitions (balance of probabilities, high degree of probability). Election law – allegations of irregularities (pre-ticked ballots, unregistered voting, use of government resources, partisan presiding officers) require credible, corroborated evidence; conflicting agent testimony and lack of documentary proof insufficient.
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29 June 2011 |
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Civil Procedure|Land
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29 June 2011 |
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Elections
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29 June 2011 |
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28 June 2011 |
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Court grants a vesting order to an estate executrix over land purchased but not transferred, following the respondent's failure to defend.
Land law – Vesting order – Failure to transfer title after sale – Uncontested evidence – Effect of failure to file defence – Probate and administration of estates.
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27 June 2011 |
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The original proprietor had authority to sell the land, invalidating the respondent’s later purchase claims.
Land Law – Authority to Sell – Retrospective Validity of Letters of Administration – Bona Fide Purchaser for Value – Possession and Title Claims.
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27 June 2011 |
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24 June 2011 |
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Elections
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23 June 2011 |
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Civil Procedure|Contract Law
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21 June 2011 |
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Court finds wrongful termination due to procedural breaches and unjustified disclosure of dismissal details.
Employment Law – wrongful termination – disciplinary hearing breaches – disclosure of dismissal details.
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17 June 2011 |
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Late recount order was void for lack of jurisdiction, rendering challenges to the gazetting of results unsustainable.
Electoral law – Parliamentary Elections Act s.55(2) – recounts – time limit for Chief Magistrate to appoint recount within four days. Administrative law – interpretation of 'shall' as mandatory – jurisdictional time limits. Civil procedure – nullity – proceedings or orders made without jurisdiction are void. Remedies – certiorari, mandamus and prohibition – availability where foundational order is null or relief is moot.
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17 June 2011 |
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Dying declaration, eyewitness ID and an unrepudiated confession proved murder; provocation rejected; life imprisonment imposed.
Criminal law – Murder – Elements: death, causation, malice aforethought; Evidence – dying declaration (s.30(a) Evidence Act) and unrepudiated charge and caution statement – admissibility and weight; Identification – single night-time witness corroboration; Defence – provocation assessed and rejected; Sentence – life imprisonment imposed.
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17 June 2011 |
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Elections
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17 June 2011 |
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16 June 2011 |
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Accused convicted of theft (not aggravated robbery) because use of a deadly weapon was not proved.
Criminal law – Aggravated robbery – ingredients: theft, use or threat with deadly weapon, participation; failure to properly describe or exhibit weapon negates aggravated robbery. Criminal law – Circumstantial evidence and recent possession – recovery of number plate and conduct after offence support conviction for theft. Evidence – Identification – limited light and equivocal identification weaken claims about weapon but do not preclude conviction on theft where circumstantial proof is strong.
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16 June 2011 |
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The court held that the abrupt termination of an employee's service without adherence to procedural fairness was wrongful.
Employment law - wrongful termination - entitlement to damages - procedure for disciplining employees - fairness in termination process - payment and communication of terminal benefits.
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10 June 2011 |
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Acquittal where prosecution failed to prove the accused acted in his official capacity, abused office, or caused prejudice.
Criminal law – Abuse of office – Ingredients: public employment; arbitrary act; abuse of authority; prejudice to employer or others – Requirement that conduct be in official capacity and exceed lawful authority. Evidence – Prosecution burden to prove official use of office, prejudice and to tender relied documents. Procedural – Amendment of indictment as to land ownership does not relieve prosecution of proving all elements beyond reasonable doubt.
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10 June 2011 |
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Appellant's convictions for theft and receiving quashed where prosecution failed to prove dishonest intent; sentences set aside.
Criminal law - particulars of charge - omission of place of offence; Criminal law - duplication of charges - theft and receiving should be alternative counts; Defence of honest claim of right negates intent to steal; Prosecution bears burden to prove fraudulent intent.
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8 June 2011 |
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Whether an amended election petition improperly changing an appeal into an original petition without leave is competent.
Election law – amendment of petition – amendment without leave – change of cause of action from appeal to original election petition – prejudice and incompetence. Parliamentary Elections (Appeals to High Court from Commission) Rules vs Parliamentary Elections (Election Petition) Rules – distinct remedies and respondents. Interlocutory matters and jurisdiction – Rule 24 requires judge to determine interlocutory election matters; expedited timelines modify application of Civil Procedure Rules. Service and locus – service on advocate effective; affidavit in answer under Appeal Rules sufficed.
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6 June 2011 |
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The petitioner’s election petition was dismissed for want of prosecution; recusal and adjournment requests were denied.
Election petition — failure to prosecute — repeated adjournments by petitioner and counsel — last adjournment non‑appearance — dismissal for want of prosecution; application for recusal — allegation of bias unsubstantiated — costs awarded under Parliamentary Petition (Election Petition) Rules and Civil Procedure Rules (Order 9 r.22; Order 17 r.4–5).
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4 June 2011 |
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A petition seeking the numerical winner was barred by res judicata after a competent Chief Magistrate decided the recount.
Election law – Parliamentary Elections Act – recounts under section 55 – competence of Chief Magistrate to determine recounts; res judicata bars relitigation of identical electoral issues. Civil procedure – res judicata (s.7 Civil Procedure Act) – requirement of same matter, same parties, competent court and final decision. High Court jurisdiction – scope of election petitions vs numerical recounts; remedy by revision (s.83 Civil Procedure Act) where Chief Magistrate acted without jurisdiction.
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2 June 2011 |
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No special circumstances justified extending time to serve an election petition; application dismissed with costs.
Election law – Enlargement of time under Rule 19 – ‘special circumstances’ required for extension. Parliamentary Elections Act s.60(3) – 30‑day filing period runs from Gazette publication; filing occurs when fees paid. Section 62 – requirement to serve notice within seven days of filing. Evidence – need for credible, corroborated proof of registry delay; unexplained procrastination defeats extension.
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2 June 2011 |
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Trial court's reliance on unsworn, un‑summoned locus‑in‑quo evidence vitiated the judgment; appeal allowed and retrial ordered.
Civil procedure – locus-in-quo inspections – admissibility of evidence at locus-in-quo – witnesses must be summoned, give evidence on oath and be subject to cross-examination; failure renders proceedings irregular and vitiates judgment.
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2 June 2011 |
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The appellate court affirmed vehicle ownership rights based on documented proof, dismissing the appellant's purchase claim.
Property Law – ownership – proof of ownership through receipts and logbooks – bona fide purchaser – jurisdictional challenges
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1 June 2011 |
| May 2011 |
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Whether the plaintiff proved an inter vivos gift by handwriting and ownership indicia; appeal dismissed for failure of proof.
Evidence — burden of proof in civil cases; proof of handwriting — comparison by court permissible where no expert report is produced; requirements for establishing an inter vivos gift; ownership indicia (payment of rates) and witness credibility in property disputes.
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30 May 2011 |
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Defective jurats and unmarked annexures in affidavits in election petitions are curable; court ordered supplementary affidavits and costs against respondent.
Election petitions – admissibility of affidavits – jurat requirements under Commissioners for Oaths (Advocates) Act s.5 – omission of name/title of officer administering oath – sealing and marking of annexures – curability of defects under Article 126(2)(e) – supplementary affidavits to cure jurat defects – costs awarded.
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30 May 2011 |
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An amended election petition filed after the statutory period and without leave, introducing new causes of action, was disallowed and struck out.
Election law – amendment of election petitions – requirement for leave where amendments affect statutory time limits under the Parliamentary Elections Act. Limitation – amendment introducing new cause of action after 30‑day statutory period is barred. Procedure – Rule 17 Parliamentary Elections (Election Petitions) Rules limits application of CPR provisions like Order 6 Rule 20 in election petitions. Affidavits – courts to take liberal view in election matters; formal jurat defects not necessarily incurable.
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20 May 2011 |
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Res judicata unproven without earlier judgment; sale valid; appellant’s claim barred by limitation and laches.
Civil procedure – second appeal – scope of review; appellate courts’ duties (Pandya principle). Res judicata – requirements – necessity of producing prior judgment/record to prove issue estoppel. Customary land – limitation and laches – delay in asserting land claims bars relief. Sale validity – evidential sufficiency of sale agreement and minor contradictions in oral testimony.
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19 May 2011 |
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A court granted foreign nationals legal guardianship over a Ugandan child, prioritizing the child's welfare and ongoing oversight.
Children – legal guardianship – welfare of the child – guardianship by foreign nationals – best interests of the child – periodic reporting by guardians – right to maintain ties with relatives – Children’s Act interpreted in context of international guardianship.
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18 May 2011 |
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The accused were convicted of aggravated robbery based on reliable identification and corroborative evidence.
Criminal law – Robbery with aggravation – elements: theft, violence/threat, grievous harm or deadly weapon. Identification – night-time identification assessed by prior acquaintance, lighting, distance and observation time; need for corroboration. Evidence – victim and eyewitness identification corroborated by conduct (flight with stolen box) and escape from custody; unsworn denials unpersuasive.
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18 May 2011 |
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The accused convicted of embezzlement for taking USD 50,000 entrusted to him by his employer.
Criminal law – Embezzlement – s.19(b)(ii) Anti‑Corruption Act 2009 – employee receiving money on behalf of employer and appropriating it. Circumstantial evidence – opportunity, means, conduct and missing documentation as bases for inference of guilt. Receipt in custody/in transit – modern approach treats appropriation while money is in transit or employer custody as embezzlement. Credibility – evaluation of contradictory witness statements and departure from assessors’ advice.
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17 May 2011 |
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Accused convicted only for causing financial loss; embezzlement, forgery, theft and conspiracy acquitted for insufficient proof.
Anti‑corruption/financial offences – causing financial loss – sufficiency of handwriting expert and account evidence; embezzlement/asportation requirement; defective particulars; forgery vs false accounting; failure to disprove proprietary claim in theft; conspiracy requires proof of agreement.
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17 May 2011 |
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Prosecution failed to prove beyond reasonable doubt that the accused participated in the murder committed by an unidentified third party.
Criminal law – Murder – proof beyond reasonable doubt – circumstantial evidence and alibi – malice aforethought – unidentified third party (unapprehended suspect) undermining conviction.
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13 May 2011 |
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The High Court refused to stay criminal proceedings pending a related civil suit, finding no abuse or delay.
Res subjudice and stays – whether criminal proceedings should be stayed pending related civil suit; concurrent civil and criminal proceedings; High Court powers under Judicature Act s.33 to avoid multiplicity of proceedings; distinction between civil and criminal standards and public interest; procedural defects and allegations of bias to be addressed at trial.
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11 May 2011 |