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Citation
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Judgment date
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| December 2019 |
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The State is vicariously liable for a police killing; plaintiff awarded damages, interest and costs.
* Constitutional law – right to life – unlawful killing by police – State liability under Article 22(1).
* Vicarious liability – State/Attorney General responsible for acts of police officers performed in course of duties.
* Remedies – constitutional redress includes compensatory and punitive damages; interest and costs.
* Evidence – post-mortem and police investigation brief corroborating shooting by police.
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20 December 2019 |
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The trial court’s finding that the respondent proved a debt by written acknowledgement and dishonoured cheque is upheld.
Civil procedure – appeal from magistrates’ court – evaluation of evidence – acknowledgement of debt and dishonoured cheque – proof of liability; Civil law – contract/loan – whether defendant was party to transaction or merely guarantor; Evidence – allegations of fraud/duress require proof; Judgment affirmed with costs.
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19 December 2019 |
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A tenant holding only a temporary allocation lacks locus to challenge a Minister’s repossession certificate under the EP Act.
Land law; Limitation Act s.5 and s.25 (fraud exception) – discovery of fraud and accrual of cause of action; Locus standi – tenant versus registered owner; Expropriated Properties Act – finality of Minister’s repossession certificate; Temporary allocation by Custodian Board does not create proprietary interest; Proper remedy against Minister’s decision is appeal under the EP Act.
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17 December 2019 |
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Affidavit sworn before an advocate struck off the roll is incompetent and must be struck off; absence of reply not automatic admission.
* Civil procedure – admissibility of affidavit – affidavit sworn before person struck off roll – incompetence and striking off. * Commissioners for Oaths – commission tied to practising certificate – commission terminates when advocate suspended/struck off. * Advocates Act and Advocates (Amendment) Act – protective saving provisions inapplicable where advocate has ceased to be a practising advocate. * Procedural consequence – absence of respondent’s reply does not automatically amount to admission under Order 13 r.6 CPR. * Costs – court discretion to refuse costs where affidavit-maker is an innocent litigant.
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11 December 2019 |
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Court appointed the maternal aunt guardian, prioritising children’s welfare and ordering probation supervision despite missing report.
Children Act – Guardianship (ss. 43A, 43B) – Welfare principle paramount – Eligibility of foreign-resident Ugandan applicant – Discretion to dispense temporarily with probation officer’s report – Court-ordered probation supervision and reporting.
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11 December 2019 |
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10 December 2019 |
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The Kyabazinga, not the Kingdom institution, is the legal person capable of suing or being sued; consent decree against the Kingdom was void.
Constitutional law – Article 246 – traditional leaders and institutions; corporation sole – capacity to sue and be sued; consent judgment – illegality nullifying consent; executions and attachments arising from void decree – nullified; procedural law – suits filed against non-existent legal persons are nullities.
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3 December 2019 |
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Whether the respondent committed aggravated defilement of a toddler and the appropriate juvenile disposition.
Criminal law – Aggravated defilement: elements (age, sexual act, identity); Child evidence – assessment, recent complaint/hearsay exceptions, ocular observation; Medical corroboration of sexual assault; Juvenile sentencing – Children Act limits, detention as last resort, probation with default detention.
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3 December 2019 |
| November 2019 |
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Appellate court upholds respondents' ownership; locus-in-quo and corroborative evidence decisive; appeal dismissed.
Land law – ownership and possession – evidentiary weight of locus in quo inspection – credibility of witnesses – striking out overly general grounds of appeal – trespass, eviction and injunction.
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28 November 2019 |
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The plaintiffs' alleged local‑government appointments were ultra vires and unenforceable; estoppel could not validate them.
Local Government law; ultra vires acts; appointment of public servants vested in District Service Commission; limits of "aiding and supporting" education; ostensible authority and estoppel cannot validate statutory excess; unenforceability of contracts beyond statutory power; restitution/quasi‑contract remedies distinct from enforcement of illegal contracts.
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27 November 2019 |
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Qualified privilege and substantial truth defeat libel claim where plaintiff fails to prove express malice.
Torts — Libel — substantial truth — slight inaccuracies immaterial; Qualified privilege — complaints to authorities on matters of legitimate interest; Burden to prove express malice; Abatement — personal libel actions do not survive death.
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27 November 2019 |
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Appeal allowed and retrial ordered due to improper locus in quo procedures and compelled witness statements.
Civil procedure – witness statements in lieu of oral examination; rights of unrepresented litigants; Order 18 r.4 evidence rule; locus in quo procedure and recording; exclusion/preclusion of witnesses; retrial ordered.
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27 November 2019 |
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Insurgency-related absence is not abandonment; road and long acquiesced occupation determine boundary; trespass began in 2012.
Land law — Abandonment — Involuntary displacement (insurgency) does not constitute abandonment; intent to abandon required. Adverse possession — continuous, open, hostile and exclusive possession for requisite period; interruptions halt limitation. Boundary — visible features and long acquiesced occupation (road as boundary) may define boundaries absent survey marks.
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27 November 2019 |
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An inadvertent non-appearance can justify reinstatement if sufficient cause shown and no undue prejudice to respondents.
Civil procedure – Reinstatement of dismissed suit – Sufficient cause required for setting aside dismissal – Inadvertence or mistake by counsel may suffice – Administration of justice favors merits unless serious prejudice or impossibility of fair trial shown.
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26 November 2019 |
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A respondent in possession at attachment can set aside execution where the judgment debtor died and no legal representative was substituted.
Civil procedure — Execution of decree — Substitution of deceased judgment debtor with legal representative before execution; notice to show cause when execution sought after long delay or against legal representative; objector proceedings — inquiry limited to possession at date of attachment, title and res judicata generally not determinative.
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26 November 2019 |
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Appellants’ possession and customary title upheld; respondents failed to prove superior title or entitlement to possession.
Land law – customary title – competing historical claims; boundary identification and locus in quo evidence; burden to prove better title; possession vs. title; involuntary abandonment does not extinguish pre-existing ownership.
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26 November 2019 |
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Possession alone does not prove customary ownership; prior appropriation and beneficial use determine superior possessory rights.
Land law — Proof of customary ownership — Possession alone insufficient; customary tenure must be proved by customary rules. Doctrine of prior appropriation — "first in time, first in right"; elements: intent, actual/constructive possession, effective beneficial use, priority. Beneficial use and non-use (forfeiture) limit possessory rights. Court may delineate uncontested homestead despite broader possessory dispute.
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26 November 2019 |
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Temporary involuntary abandonment during insurgency does not extinguish pre-existing land ownership; respondent entitled to judgment.
* Land law – possession and ownership – temporary involuntary abandonment (insurgency) does not terminate pre-existing ownership rights. * Civil procedure – locus in quo – purpose is to verify evidence, not to create evidence; improper admission of locus witnesses who did not testify in court may be disregarded if outcome remains justified. * Evidence – burden of proof – no "draw" in litigation; tribunal must find for one party when probabilities favour that party. * Appeal – appellate re-evaluation of factual findings where trial procedure irregularities do not occasion miscarriage of justice.
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26 November 2019 |
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Appellant failed to prove superior title; respondent's long possession and structures supported dismissal of the claim.
Land law – proof of title and possession; locus in quo sketch map demonstrative only; res judicata is a defence; plaintiff must prove better title.
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26 November 2019 |
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Unrecorded locus in quo proceedings that cannot be reconstructed justify a retrial to secure fair adjudication of land ownership.
* Land law – locus in quo inspections – requirement that witnesses demonstrating features be sworn, available for cross-examination, and their statements recorded.* Civil procedure – missing record of proceedings – when reconstruction is impossible and material, retrial may be ordered.* Appellate review – duty to rehear evidence, reassess credibility and interfere where material features were overlooked.* Retrial – exceptional remedy; conditions for ordering retrial outlined and applied.
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26 November 2019 |
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Boundary-location dispute resolved by monuments and adverse inference for destruction of boundary markers.
Land law – Boundary disputes; determination of boundary location as question of fact; monuments and rules of comparative dignity (survey lines, natural monuments, artificial monuments, adjoiners, direction, distance, area); admissibility and effect of destroyed or lost boundary markers – spoliation and adverse inference; role of locus in quo inspection in boundary cases.
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26 November 2019 |
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Physical evidence at the locus in quo established a consentible boundary; appellant failed to prove trespass and appeal was dismissed.
* Land law – boundary disputes – consentible/consentable boundary – recognition and acquiescence for twelve years or more can create a binding boundary even without written evidence. * Evidence – locus in quo and physical features may outweigh uncorroborated oral testimony in boundary disputes. * Civil procedure – appellate review of factual findings; striking out vague grounds of appeal under Order 43 r (1) & (2) CPR. * Remedies – dismissal of claim for failure to prove title/possession; costs to successful party.
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26 November 2019 |
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Prosecution proved aggravated defilement of an infant; juvenile status precluded death and attracted a custodial sentence with remand credit.
* Criminal law – Aggravated defilement – prosecution must prove victim under 14, occurrence of sexual act, and identity of perpetrator.
* Evidence – medical and contemporaneous lay observations corroborating sexual abuse of an infant.
* Juvenile sentencing – death not to be pronounced for offenders under 18; Children Act maximum detention three years; remand credit to be considered.
* Sentence credit – courts to take into account time spent on remand when imposing final sentence.
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19 November 2019 |
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The court convicted the respondent for aggravated defilement, accepting voice identification supported by medical and corroborative evidence.
Criminal law – Aggravated defilement – ingredients: age, sexual act, identity; Evidence – voice (ear‑witness) identification – principles, risks and reliability factors; Sentence – starting points, mitigating factors and remand set‑off.
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13 November 2019 |
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12 November 2019 |
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8 November 2019 |
| October 2019 |
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Court exercised inherent jurisdiction to set aside a section 98 dismissal and reinstate the applicant’s long-delayed suit.
Civil procedure – dismissal for want of prosecution under section 98 CPA – inherent jurisdiction to set aside dismissal and reinstate suit – sufficient cause – negligence or conduct of counsel – functus officio and limits on revisiting court orders.
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8 October 2019 |
| September 2019 |
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A beneficiary whose parent died before distribution has locus standi; administrators’ unauthorized sales breach fiduciary duty and are recoverable from knowing purchasers.
Succession law – locus standi of beneficiaries – section 191 procedural not jurisdictional; Fiduciary duties of administrators – duty of loyalty and care; Disposal of estate property without beneficiaries’ consent – breach of duty; Third-party liability – knowing participation/constructive notice; Tracing and proprietary remedies to recover estate property; Trespass by encroaching fence; Limitation – six-year period runs when beneficiary’s interest vests.
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26 September 2019 |
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Where statutory planning appeals exist, parties must exhaust them before subordinate courts; failure to do so bars judicial review.
Administrative law – Physical Planning Act, 2010 – statutory internal appeal hierarchy – exhaustion of administrative remedies – ouster of subordinate civil court jurisdiction in planning disputes – exceptions (fundamental rights, natural justice, lack of jurisdiction) – jurisdiction to hear private law claims.
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26 September 2019 |
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Whether a title over land offered after an expired lease is vitiated by illegality and legitimate expectation.
Land law – expiry of lease and holding over; legitimate expectation and equitable interest; locus in quo inspections discretionary; title vitiated by illegality; duty to hear sitting occupants before alienation.
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26 September 2019 |
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Conviction for stealing a vehicle by conversion upheld; evidential burden to prove authority lay on appellant; sentence reduced for remand.
* Criminal law – Stealing a motor vehicle – offence may be committed by conversion where a person with lawful access disposes of vehicle without authority.
* Evidence – Burden of proof – evidential burden on accused to raise defence of authority/permission; persuasive burden remains with prosecution.
* Sentencing – discretionary exercise; remand period must be taken into account; appellate interference only if illegal, wrong principle, material factor ignored, or manifestly excessive.
* Compensation – Section 197 Magistrates Courts Act – summary compensatory orders permissible but must be evidence-based, reasonable and accompanied by reasons.
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26 September 2019 |
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Appeal dismissed where locus in quo and corroborative evidence supported respondents' ownership and no miscarriage of justice occurred.
Land law – ownership and possession – conflicting oral testimony – role of locus in quo and corroborative physical evidence; Title evidence – expired lease as prima facie evidence of customary ownership; Civil procedure – appellate scrutiny of findings of fact; Evidence Act s.166 – improper admission may be disregarded if decision justified on other evidence.
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26 September 2019 |
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24 September 2019 |
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Physical features at the locus in quo prevail for boundary determination; sketch maps are demonstrative and procedural irregularities harmless absent miscarriage.
Land law – locus in quo and sketch maps: demonstrative evidence only; Evidence – improper admission at locus in quo may be disregarded if harmless (s.166 Evidence Act); Civil procedure – procedural defects ("Draft Memorandum") may be cured in the interest of justice and pleadings may be amended to determine real questions in controversy; Boundary disputes – physical features on inspection prevail over inconsistent verbal descriptions; Trespass – possession by inheritance and trespass proved by respondent.
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12 September 2019 |
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Appellant proved customary/user rights and trespass; locus in quo irregularity non-fatal — appeal allowed and remedies granted.
Land law — Customary communal tenure vs limited private user-rights; locus in quo procedure — evidence recording requirements; cause of action for recovery of land and trespass; proof of conversion of communal land and community regulation; remedies: declaration, vacant possession, injunction, damages.
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12 September 2019 |
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Acholi customary intestacy and lack of sub-county title defeat purchasers' claims; appeal dismissed and costs awarded.
Evidence — judicial notice — courts may take judicial notice of customary practices; Limitation — recovery of land — 12-year period and adverse possession; Customary law — Acholi intestacy: re-allotment/user rights, not absolute alienation; Land law — nemo dat quod non habet — sub-county without title cannot transfer land; Purchasers of unregistered land — constructive notice and duty of due diligence.
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12 September 2019 |
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A private mediated boundary settlement can bind parties and their privies and preclude subsequent land claims.
Land law - locus in quo procedure — witnesses must be sworn, available for cross-examination and narrative record required; Mediation — admissibility and enforceability of private mediated settlement; Res judicata/privies — a mediated boundary settlement can bind parties and their privies and bar relitigation; Evidence — material contradictions may undermine credibility and justify overturning trial findings; Remedies — declaration, vacant possession, injunctions, damages, interest and costs.
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12 September 2019 |
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Disputed overlapping registered parcels are primarily a survey issue; court ordered re‑survey and possible rectification of title.
Land law – Overlapping title descriptions – survey issue not pure title dispute; rectification of register for mistaken overlapping entries; part‑parcel adverse possession requirements; priority of registered interests (race, notice, race‑notice); necessity to re‑open boundaries and re‑survey to protect Torrens system integrity.
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12 September 2019 |
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Respondents failed to prove better title; defective locus-in-quo procedure was not prejudicial and appeal succeeded.
* Civil procedure – locus in quo – procedural requirements: sworn demonstration, opportunity for cross‑examination, and narrative recording of observations.
* Evidence – demonstrative evidence at locus in quo has no independent evidentiary value; it illustrates witness testimony.
* Land law – possession versus title: plaintiff must prove a better title; possession is good against all but a person with superior title.
* Appellate review – re‑evaluation of evidence and interference where trial court reverses burden or overlooks material features.
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12 September 2019 |
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Appellate court upheld trial finding of respondent’s ownership based on credible testimony and locus inspection; appeal dismissed.
* Evidence – assessment of credibility and weight – appellate re-appraisal of oral testimony and physical evidence from locus in quo.
* Land law – ownership dispute – role of locus in quo inspection and physical markers in resolving competing possession claims.
* Damages – trespass – appellate interference only where award is inordinately high/low or founded on wrong principle.
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12 September 2019 |
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A grant procured by false statements and inadequate notice can be revoked and replaced; culpable administrator may pay costs.
Succession law – Revocation of letters of administration for fraudulent statements or concealment; failure to notify beneficiaries as just cause; grant de bonis non – factors: consanguinity, nature of interest, safety of estate and probability of proper administration; administrator’s personal liability for costs where conduct is reprehensible.
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12 September 2019 |
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Long, acquiescent occupation recognizing a road as the common boundary established respondents' possession; appeal dismissed.
* Land law – Boundary determination – long, acquiescent and undisturbed occupation as evidence of boundary; physical features (road) can become true boundary by recognition and acquiescence after long use. * Property – Unregistered customary holdings – possession, homesteads, graves and cultivation as proof of title and exclusive occupation. * Civil procedure – Appeal – re-appraisal of evidence by first appellate court and weight to locus in quo observations.
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12 September 2019 |
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Applicant obtained setting aside of ex‑parte decree due to lack of hearing notice and misrepresentation.
Civil procedure – Setting aside ex‑parte judgment – Discretion to set aside for inadvertence/excusable mistake; not for deliberate evasion; Order 9 rr.10 & 11 (service and hearing notice) in non‑liquidated claims; appellate re‑hearing where trial overlooked material procedural defects.
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12 September 2019 |
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Court granted mandamus compelling government to pay a taxed judgment debt or provide a bank guarantee, with costs.
* Administrative law – mandamus – enforcement of taxed costs against the State – Certificate of Taxation/Certificate of Order as trigger for payment obligation under Section 19 Government Proceedings Act. * Civil procedure – ex parte proceedings – unchallenged affidavit evidence – relief by judicial review under Section 37 Judicature Act. * Public finance – Treasury Officer of Accounts’ duty to satisfy court decrees; alternative of bank guarantee to secure judgment debt.
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11 September 2019 |
| August 2019 |
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Appellate courts will not disturb taxation of costs on quantum absent exceptional circumstances or legal/factual error.
Civil procedure – Taxation of costs – quantum – discretion of Taxing Officer – appellate interference only in exceptional circumstances or where there is a mistaken view of law or fact – VAT on taxed costs.
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29 August 2019 |
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Appellate court upheld gift inter vivos and exclusive possession; locus-in-quo inspection limited; appeal dismissed with costs.
* Land law – acquisition by gift inter vivos – perfection requires donor to do everything necessary; exclusive possession and user relevant to proof. * Civil procedure – appeal grounds – general grounds may be struck out for non-compliance with pleading rules. * Evidence – locus in quo inspections limited to testing specific aspects of oral testimony and not to fill evidential gaps. * Judicial conduct – bias allegations require a proper factual foundation for a reasonable apprehension of bias.
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29 August 2019 |
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An obliterated boundary tree cannot control location; the respondent's visible Nsambia trees fixed the boundary.
Land law – boundary disputes – natural monuments (trees) v. artificial markers – permanence, visibility and accuracy govern boundary location; an obliterated natural monument controls only if its former position can be reliably identified; sketch maps are demonstrative aids only; locus in quo testimony from persons not sworn in court is irregular but may be harmless under Evidence Act s.166.
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29 August 2019 |
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Long occupancy without proof of customary rules and clear possession cannot establish title to vast unregistered land; exhumation is exceptional.
Land law – customary tenure – mere occupancy not proof of customary title; Evidence – ancient documents (s.90) admissible to show land was vacant; Possession – constructive possession of vast land requires clear control over whole area; Civil procedure – locus in quo must be properly conducted and recorded; Pleadings – departure from pleaded case prejudicial; Family law – exhumation disfavoured and permitted only exceptionally.
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29 August 2019 |
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Conviction quashed where circumstantial evidence and pyramiding of inferences failed to prove significant HIV transmission risk.
Criminal law – Negligent act likely to spread infection – elements of offence; circumstantial evidence – caution against inference upon inference; requirement of proof of significant risk of transmission (viral load and mechanism) before criminalising conduct by persons living with HIV.
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29 August 2019 |
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Long‑standing boundary monuments and exclusive possession establish title; appeal dismissed and costs awarded to the respondent.
* Land law – boundary disputes – visible monuments and long‑standing physical markers prevail over admeasurements; * Possession and proprietary estoppel – exclusive occupation, improvements and acquiescence can establish title; * Evidence – locus in quo irregularity harmless if sufficient admissible evidence exists; * Civil procedure – general/unspecific grounds of appeal struck out.
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29 August 2019 |