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Citation
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Judgment date
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| December 2016 |
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An application to extend time to file an election petition was struck out for lack of standing under the Parliamentary Elections Act.
Electoral law – Election petition – Locus standi – Extension of time – Section 60(2) Parliamentary Elections Act – Striking out for lack of locus.
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22 December 2016 |
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Unpleaded limitation and adverse possession objections cannot be upheld; conversion to freehold is a factual issue for trial.
Land law – conversion of customary tenure to freehold – preliminary objections – limitation and adverse possession – reliance on pleadings – factual issues vs. matters of law – court confined to pleadings when deciding whether cause of action is disclosed.
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5 December 2016 |
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An appeal court holds an ex-parte judgment should be set aside due to counsel's negligence, ordering a trial inter partes.
Civil Procedure - ex-parte judgment - setting aside - counsel's negligence - binding precedent
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1 December 2016 |
| November 2016 |
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Appellate court found trial magistrate mis-evaluated evidence, improperly relied on locus visit, and declared appellant owner and not trespasser.
Civil appeal — re-evaluation of evidence by first appellate court; Customary land — proof on balance of probabilities; Trespass — requirement of actual possession; Documentary evidence — weight of primary evidence; Locus in quo — procedural requirements and inadmissibility to fill evidential gaps
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15 November 2016 |
| October 2016 |
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A temporary injunction to halt a public sewerage project was denied due to greater public interest and adequate remedies in damages.
Temporary injunction – prerequisites for grant – prima facie case – irreparable injury – balance of convenience – public interest in infrastructure projects – environmental and public health considerations.
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31 October 2016 |
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Accused convicted of murder for shooting the deceased with an arrow; intention and voluntary admission established; sentenced to 35 years imprisonment.
Criminal law – Murder – Malice aforethought and intention – Charge and caution statement – Voluntariness of confession – Provocation – Sentence (35 years)
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31 October 2016 |
| September 2016 |
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A civilian's challenge to trial by military court under the UPDF Act must be addressed by the Constitutional Court, not the High Court.
Criminal law – Military justice – Jurisdiction of General Court Martial – Whether GCM may try civilians under the UPDF Act – Constitutionality of military courts – Separation of powers – Judicial independence – Jurisdiction of High Court versus Constitutional Court.
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16 September 2016 |
| August 2016 |
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Both the appeal and cross-appeal against a taxation decision were struck out as procedurally incompetent for lack of essential documents and lateness.
Civil procedure – Taxation of costs – Appeals from decisions of taxing officers – Procedural requirements – Necessity of proper record and bill of costs – Limitation period for appeals – Incompetent appeals and cross-appeals dismissed for non-compliance.
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24 August 2016 |
| July 2016 |
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The applicant failed to prove noncompliance or bribery that would substantially affect the respondent’s election; petition dismissed with costs.
Election law – noncompliance with electoral procedures – substantial effect on result; Burden of proof in election petitions higher than ordinary civil standard; Bribery allegations require cogent, corroborative evidence; Declaration of Results forms signed by agents significant; Pre‑ticked ballot allegation unproven.
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27 July 2016 |
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Donation of an ambulance during campaign period by the winning candidate constituted an illegal electoral practice warranting a by-election.
Election petition – electoral law – parliamentary elections – bribery – donation of ambulance during campaign period – proof of illegal practices – reliefs for proven illegal practice – threshold for setting aside election result – election law compliance and evidentiary standards – role of charitable donations and inducement during elections.
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18 July 2016 |
| June 2016 |
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Petition dismissed: candidate's qualifications and alleged bribery not proved to the high standard required in election petitions.
Election law – candidate qualification and NCHE/UNEB equivalence – identity discrepancies and statutory declarations – bribery allegations and evidential sufficiency – materiality of tally irregularities – elevated burden of proof in election petitions.
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27 June 2016 |
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Appeal allowed: appellant established customary ownership; lower court decision set aside for lack of evidence of lawful government acquisition.
Land law – customary ownership – burden of proof in civil claims – admissibility of hearsay – alleged acquisition and compensation by local government – failure to join real party (local government) – appellate review and setting aside erroneous trial judgment
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24 June 2016 |
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Court held affidavits in rejoinder need not be by initial deponents, but struck out non-compliant illiterates’ affidavits as inadmissible.
Election petitions – Affidavits in rejoinder – Illiterates Protection Act – Admissibility of affidavits – Mandatory statutory compliance – Original signatures – Preliminary objections.
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22 June 2016 |
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Conviction for defilement of a child under 14 based on corroborated victim, witnesses and medical evidence; sentenced to 20 years.
Criminal law – Defilement (aggravated) – Proof of age – Corroboration of child-victim’s testimony – Identification of accused – Medical evidence of sexual intercourse – Sentence for sexual offences against children
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15 June 2016 |
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A petition filed before election results are gazetted is premature and incompetence cannot be remedied by review rather than appeal.
Election law — Competence of election petitions — Filing before publication in the Gazette — s.60(3) PEA — Premature petitions are incompetent — Review vs appeal — Error apparent on face of record — Rule 19/time extensions cannot cure lack of competence.
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14 June 2016 |
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A Member of Parliament’s election was annulled due to lack of proper verification of academic qualifications required for nomination.
Election law – qualifications of candidates – requirement of authentic and valid academic qualifications for nomination – due diligence in verification of academic papers for electoral candidacy – electoral commission reliance on certificates of equivalence – effect of non-compliance with statutory verification process – burden of proving authenticity of academic qualifications – electoral malpractices not established without cogent evidence.
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10 June 2016 |
| May 2016 |
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A continuing failure to communicate a retirement decision and withdraw benefits amounts to constructive discharge, entitling remedies via judicial review.
Administrative law – judicial review – time bar – continuing administrative wrongs – constructive discharge – military service – fair administrative action – failure to communicate decision – remedies and damages – Uganda People's Defence Forces Act – constitutional rights – damages for unlawful deprivation of employment and benefits.
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28 May 2016 |
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An election petition filed before Gazette publication of results is premature and therefore incompetent.
Parliamentary Elections Act s.60(3) – Gazette publication of results as mandatory trigger for filing election petitions; competence and prematurity; judicial notice of Gazette under Evidence Act s.56(e); strict compliance with statutory time limits.
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25 May 2016 |
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Court refused the applicant’s application to add a respondent to the election petition because the statutory 30‑day limitation had expired.
Election law – Amendment to add party – Order 1 r 10(2) CPR – Statutory limitation s.60(3) PEA (30 days) – PEEPR rule on enlargement of time inapplicable to statutory periods – Court cannot extend statutory limitation – Amendment barred if it deprives respondent of limitation defence – Authorities: Gulamabbas v Ebrahimji; Eastern Bakery.
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25 May 2016 |
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A sports regulatory body acted illegally in suspending and replacing an elected official without a fair hearing or proper authority.
Administrative law – Judicial review – Natural justice – Right to fair hearing – Sports associations – Powers of regulatory bodies – Illegality and procedural impropriety in suspension and disbandment of elected officials.
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20 May 2016 |
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Application for leave to defend dismissed where no triable issues or credible defense to repayment of funds were raised.
Civil procedure – summary judgment – leave to defend – validity and enforceability of memorandum of understanding – consideration – raising of triable issues as defense.
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20 May 2016 |
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Prosecution proved aggravated defilement of a two‑year‑old by an HIV‑positive accused; convicted and jailed for 35 years.
Criminal law – Aggravated defilement – defilement of child under 14 – slightest penetration sufficient – eyewitness identification and semen evidence – accused HIV‑positive – conviction and heavy sentence
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19 May 2016 |
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Appellant failed to prove title; court found abandonment, upheld lower court, and dismissed the appeal with costs.
Land law – ownership of public land – burden of proof under Evidence Act ss.10 & 110 – abandonment and revival of possession – sufficiency of survey and lease application evidence – possession versus title.
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10 May 2016 |
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Trial court erred by relying on untested pleadings; the respondent liable for false imprisonment and damages awarded.
Property law – licence versus transfer – temporary grant for cattle dip does not pass proprietary title; revocation on abandonment and re-entry by owner
Evidence – pleadings and annexures unsupported by viva voce evidence are insufficient; need for cross-examination
Tort – false imprisonment – subordinate local officials acting as agent of local government create liability; onus on defendant to justify detention
Remedies – award of general damages and costs
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4 May 2016 |
| April 2016 |
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Court revised and set aside an irregular blanket recount conducted despite unsealed/tampered ballot boxes; original returning officer results reinstated.
Election law – Recount under PEA secs. 55–56 – Jurisdiction and revision – High Court’s supervisory powers (CPA s.83(c), Art.139) – Invalidity of recount where ballot boxes unsealed/tampered – Blanket/unfocussed recounts and lack of specific numerical complaints – Reinstatement of returning officer’s results.
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25 April 2016 |
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Registered Powers of Attorney upheld; forgery allegations unproven, plaintiff awarded declarations, injunctions, specific performance and costs.
Property law – validity of Powers of Attorney – effect of registration and certification by Registrar of Documents as evidence of authenticity
Evidence – probative value of registered documents and office witnesses versus absence of original document and uncorroborated allegations of forgery. Fraud/forgery allegations in land transactions – burden of proof and requirement for independent corroboration
Remedies – declarations of title, injunctions and specific performance where authority to sell is established
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8 April 2016 |
| March 2016 |
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A subsequent suit challenging market sublease was barred as res judicata due to an earlier conclusive consent judgment.
Civil procedure – res judicata – prior consent judgment – representative suits – requirement for representative order – market lease dispute – no cause of action where issues previously determined.
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31 March 2016 |
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The appeal succeeded as the High Court found deficiencies in the original judgment's reliance on evidence and procedure.
Land law – customary land ownership – evaluation of evidence – hearsay evidence – certificate of ownership – balance of probabilities.
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23 March 2016 |
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The court upheld the respondents' possession of land, rejecting the appellant's trespass claim based on insufficient proof.
Land law – Trespass – Burden of proof in trespass cases – Error in issue framing by trial magistrate – Boundary dispute determination
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14 March 2016 |
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A mortgagee may foreclose, evict an occupant and have a caveat cancelled where the occupant fails to prove a completed purchase or legal interest.
Mortgage law – originating summons (Order 37 R.4) – foreclosure and sale – right to possession of mortgagee – cancellation of caveat – burden to prove completed sale or equitable interest – bona fide occupant protection
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4 March 2016 |
| February 2016 |
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Appeal dismissed: trial court properly found appellant failed to prove illegal takeover of land; no miscarriage of justice found.
Civil procedure – appeal from magistrate’s court – re‑evaluation of evidence on appeal – insufficiency of proof on balance of probabilities in land/kibanja claim – alleged misdirection on admissibility/weight of oral evidence to vary written documents – dismissal with costs.
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9 February 2016 |
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Application to set aside dismissal for non-appearance dismissed due to lack of sufficient cause and proper notice of hearing.
Civil procedure – application to set aside dismissal for non-appearance – sufficiency of reasons for non-attendance – effect of proper notice of hearing date.
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9 February 2016 |
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Court orders minority shareholder's shares bought back and withheld profits paid due to unfair exclusion from management.
Company Law – minority shareholder rights – member's exclusion from management – remedies for unfair prejudice.
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9 February 2016 |
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Appellate court upholds trial court’s ruling confirming respondent’s title and dismissing the appellant’s boundary and procedure-related claims.
Land law – Evidence – Competing claims over land donated by common donor – Evaluation of witness credibility and documentary authenticity – Standard of proof in civil trespass and boundary disputes – Appellate review of trial court’s findings.
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5 February 2016 |
| January 2016 |
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28 January 2016 |
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Primaries affected by disenfranchisement, defective returns and dubious late nomination; court nullified results and declared petitioner unopposed.
Political parties — Party primaries — Nomination and registration — Disenfranchisement due to non-delivery of materials — Improperly completed declaration forms — Ballot printing and delivery irregularities — Hearsay evidence regarding national nominations — Nullification of primaries and declaration of unopposed flag bearer.
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12 January 2016 |