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Citation
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Judgment date
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| 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 |
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Appellate court upheld the respondent's title, struck a vague ground, and dismissed the appeal with costs.
Civil procedure – Grounds of appeal – ground that is too general to be struck out for non-compliance with Order 43; Evidence – locus in quo visits may check but must not fill evidential gaps; improper admission of locus witnesses may be disregarded if outcome unaffected; Land law – competing sale agreements, forgery and misrepresentation in transfer documentation; Costs – defendant must plead and prove a counterclaim to obtain affirmative remedies or damages; Appellate review – duty to re-evaluate evidence and interfere only where trial court misdirected or reached unsupported findings.
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29 August 2019 |
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Long exclusive possession without restrictions indicates a gift inter vivos, reversing the trial court’s decision.
Land law – gift inter vivos – exclusive long possession without restrictions supports a gift not a licence; Evidence – locus in quo witnesses not on record – improper but may be harmless (s.166 Evidence Act); Civil Procedure – irregularity not affecting merits requires miscarriage of justice to reverse; Abandonment of unregistered land requires objective and subjective proof of intent to relinquish.
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29 August 2019 |
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Licence-based occupation cannot found adverse possession; retrial ordered to determine consentible boundary between holdings.
Land law – Adverse possession vs licence; customary tenure – inapplicability of "bona fide occupant" concept; locus in quo evidence – irregularity but no miscarriage of justice; consentible/common boundary – long acquiescence can fix boundary; remedy – retrial limited to boundary determination.
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29 August 2019 |
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Oral sale inferred from conduct; respondent entitled to building's market value (unjust enrichment); interest, not general damages, for late payment.
Law of Contract – oral contracts and course of performance – inference of contract terms from parties’ conduct; Unjust enrichment – restitution measured by defendant’s gain (market value of improvements); Civil procedure – effect of failure to cross-examine on material points; Remedies – interest on late payment of monetary debt preferable to general damages.
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29 August 2019 |
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Court upheld locus‑in‑quo findings, allowed adverse inference for spoliation, and dismissed appeal; costs to respondent.
Civil procedure – Appeals – Grounds of appeal must be concise and specific; general grounds may be struck out
Evidence – Locus in quo – inspection limited to testing oral testimony; court may not fill gaps in evidence
Evidence – Missing record – appellate court may proceed on a partial record where reconstruction is impossible and available material suffices. Evidence preservation – spoliation (destruction/defacement of physical evidence) attracts adverse inference against spoliator. Land law – possession and long-standing occupation, corroborated by neighbours and locus observations, can support a declaration of ownership and injunctive relief
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29 August 2019 |
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A criminal conviction or served sentence does not bar a separate civil claim for personal injury damages.
Civil procedure – personal injury claims survive criminal prosecution; criminal conviction/sentence does not bar separate civil damages claim; general damages assessed to restore plaintiff; special damages must be specifically pleaded and strictly proved; criminal compensation differs from civil restitution.
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29 August 2019 |
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Appellate court rebukes improper locus-in-quo reliance and spoliation, awards declaration, possession and damages to appellant.
Land law – ownership and possession – gift inter vivos and customary title; Evidence – locus in quo inspections – procedural safeguards, authentication and limited demonstrative value; Evidence – spoliation/adverse inference where a party destroys or materially alters physical evidence; Possession – adverse possession vs unlawful trespass; Civil procedure – appellate re-evaluation of factual findings where trial relied on untested out-of-court observations.
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29 August 2019 |
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The appellant failed to prove better title; appeal dismissed, grounds struck out for being too general; record held legible.
Land law – possession v title – possession is good against all except someone who can show better title; burden to prove superior title on claimant seeking eviction. Civil procedure – grounds of appeal – specificity required under Order 43 r (1) and (2); general grounds liable to be struck out
Evidence – appellate re-hearing – duty to re-evaluate evidence though appellate court has not seen witnesses. Court records – transcript legibility – minor typographical errors do not necessarily render record unusable; manuscript may augment typescript
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29 August 2019 |
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Sub-county allocation without title or prior compensation does not transfer ownership; bad-faith occupant not entitled to compensation.
Land law – Allocations by local authorities – nemo dat quod non habet – compulsory acquisition requires lawful process and prior compensation under Article 26(2) – occupant’s good faith and entitlement to compensation – locus in quo inspection – judicial bias standard.
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29 August 2019 |
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An omnibus application joining reinstatement and substitution was inappropriate; court should have ordered severance and amendment rather than dismissal.
Civil procedure – Omnibus applications – Permissible for economy and consolidation but must not be multifarious or prejudicial; court may order severance/amendment. Civil procedure – Reinstatement of dismissed suits (Order 9 r.18) – Distinct requirements from substitution. Civil procedure – Substitution of deceased party (Order 24 r.4(1)) – Letters of administration and representation of estate
Procedure – Where omnibus application is bad for multifariousness, court should direct separation rather than dismissal
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29 August 2019 |
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Consentable boundary by dispute and compromise upheld; usufructuary’s exclusive possession protected against encroachment.
Land law – boundary disputes – consentable boundary created by recognition and acquiescence or by dispute and compromise; communal land – exclusive usufruct and protection of peaceful possession; locus in quo evidence – sketch maps demonstrative only; appellate re‑appraisal of facts and credibility on first appeal.
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29 August 2019 |
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Adverse possession and extinctive prescription succeeded where appellants' long, known possession survived forced displacement.
Land law – Adverse possession – extinctive prescription under Limitation Act (ss.5,6,11(1),16); involuntary/temporary abandonment does not extinguish pre-existing proprietary interest; appellate re-evaluation of evidence and weight of credibility; locus in quo inspection confirming possession (homesteads, graves, fruit trees).
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29 August 2019 |
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Possessory rights and authenticated deed plans, not unpleaded claims or natural markers, determine trespass remedies.
Land law – Equity of possession v. customary tenure; Pleadings – parties bound by pleadings; Evidence – authentication required for documentary evidence and court-commissioned survey reports; Deed plan controls boundaries; Trespass protects ownership or possession.
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29 August 2019 |
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A third‑party principal represented by an agent in litigation cannot be a "person aggrieved" entitled to review.
Civil procedure — Review by third party — locus standi under section 82(a) and Order 46(1),(2); agency law — agent's knowledge and actions imputable to principal; "person aggrieved" must be outside privity and possess pre-existing rights accrued before suit commencement; rights accruing during litigation require timely intervention; delay and failure to show grounds for review justify refusal.
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29 August 2019 |
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A non-citizen foster parent met statutory and welfare requirements; exceptional circumstances justified granting adoption.
Children Act (Amendment) – inter-country adoption – Section 46 – exceptional circumstances required for non-citizen adoption. Child welfare – welfare of the child paramount – assessment of ascertainable wishes, needs, risks and family capacity. Fostering requirement – one year of supervised fostering and residency as statutory prerequisites
Suitability – home study, probation officer’s report, financial and emotional capacity to parent
Orders – adoption granted, registration in Adopted Children Register, notification to consular and ministries
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22 August 2019 |
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IGG lawfully investigated alleged fraud by public officers despite parallel civil proceedings; judicial review application dismissed.
Administrative law – judicial review – whether IGG investigation of alleged fraudulent issuance of title while civil suit pending is lawful; IGG Act s.19(1)(c); criminal proceedings against public officers do not amount to review of civil matters; procedural fairness – right to be heard.
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22 August 2019 |
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Sole witness identification found reliable, supporting convictions for murder, aggravated robbery and attempted murder.
Criminal law – murder; aggravated robbery; attempted murder – identification by sole witness; Abdala Nabulere test for identification; post‑mortem and PF3 evidence; rejection of alibi; conviction on all counts.
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16 August 2019 |
| July 2019 |
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Court declares plaintiff owner of 17 hectares including market land and orders title processing, mesne profits, damages and costs.
Land law — customary land conversion to freehold — ownership of market land — tenancy agreement construed as evidence of ownership — bona fide occupant status requires documentary allocation/gazettement — mesne profits and damages awarded.
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25 July 2019 |
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Court granted adoption and waived statutory 36‑month fostering requirement as being in the child’s best interest.
Adoption law – statutory requirements for adoptive parents – age difference and gender qualifications; care order and de facto guardianship. Adoption law – best interests of the child – evidentiary considerations: bonding, financial capacity, supervision by probation officer
Children Act s.45(4) – thirty-six month fostering requirement – discretionary waiver where special circumstances show adoption is in child’s best interest
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23 July 2019 |
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Court waived residence requirement and granted adoption to a non‑citizen single female as being in the children’s best interests.
Children Act – intercountry adoption – waiver of one‑year residence – exceptional circumstances; paramountcy of child’s welfare; suitability of non‑citizen foster parent; special circumstances for sole female to adopt male children; probation and social welfare and home‑study reports as determinative evidence.
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15 July 2019 |
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Applicant’s serious contagious illnesses justified bail, but material affidavit contradictions required strict surety and documentation conditions.
Bail pending trial – exceptional circumstances – serious contagious illness (HIV, TB, Hepatitis B) as ground for bail – validity of uncommissioned affidavit by illiterate applicant – contradictions and flight risk – conditional bail with sureties and LC letters.
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12 July 2019 |
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Court orders return of specific church assets, payment of electricity and general damages; defendant’s counterclaim dismissed.
Property/Church law – handover of assets – adequacy of documentary proof of handover; possession vs title; special damages require strict proof; counterclaim for contributions treated as gratuitous gifts where not duly documented.
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12 July 2019 |
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A court granted inter‑country adoption to a single female, holding the child’s welfare and special circumstances justified the exceptional order.
Children law – Adoption – Inter‑country adoption requirements (s.46) – welfare of the child paramount (s.3) – foster period and residency – sole female adopting male child (s.45(3)) – home‑country recommendation and recognition by foreign authorities – registration and consular notification.
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11 July 2019 |
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Court appointed the patient's daughter manager to operate his bank account after finding him incapacitated.
Administration of Estates of Persons of Unsound Mind Act — appointment of manager; sufficiency of medical affidavit and in-court inquiry where patient not institutionalized; applicability of Mental Treatment Act procedures; assessment of capacity to manage affairs; authorization to operate bank account; costs.
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10 July 2019 |
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Court allowed intercountry adoption, waiving residency requirement due to children’s best interests and exceptional circumstances.
Children law – Adoption by non‑citizens – Welfare of the child paramount – Exceptional circumstances to waive residency and fostering requirements under Section 46 – Suitability of foreign adoptive parents – Conditions: supervision, reporting, temporary Uganda residence, consular notification.
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8 July 2019 |
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Acquittal where elements of crimes were shown but prosecution failed to connect the accused to the offences beyond reasonable doubt.
Criminal law – Murder: proof of death, unlawfulness and malice aforethought may be inferable from injuries and post-mortem; necessity to prove accused’s agency beyond reasonable doubt. Criminal procedure – Identification and hearsay: untested informant/hearsay cannot safely ground conviction
Evidence – Recovery of alleged stolen property: requires clear identification and linkage to accused to sustain aggravated robbery charge
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2 July 2019 |
| June 2019 |
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Threats and being last seen with the victim, without corroborative circumstantial proof, did not establish guilt beyond reasonable doubt.
Criminal law – Murder – Elements: death, unlawfulness, malice aforethought, participation – Circumstantial evidence – Last seen doctrine – Rebuttable presumption – Acquittal where chain of circumstantial evidence does not exclude reasonable alternative hypotheses.
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27 June 2019 |
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Lack of proof of a deadly weapon reduced aggravated robbery to simple robbery; one accused convicted of receiving stolen property.
Criminal law – Aggravated robbery – elements: theft, violence, deadly weapon, participation; proof of deadly weapon must be clear and weapon exhibited or described; circumstantial evidence and doctrine of recent possession; receiving stolen property – proof by possession and implausible explanation; failure to call medical witness may undermine aggravated element.
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27 June 2019 |
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24 June 2019 |
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Appellant failed to prove a gift inter vivos; sale and trial court’s findings upheld, appeal dismissed with costs.
Appeal — time limit for filing — appeal within 30 days upheld; Evidence — re-appraisal by first appellate court and credibility findings; Property law — gift inter vivos of land requires formalities and delivery; Civil procedure — locus in quo visits not mandatory, depend on circumstances.
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17 June 2019 |
| May 2019 |
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Court granted a conditional temporary injunction restraining respondents from quarrying or dealing with disputed land pending trial.
Civil procedure – Temporary injunction – preservation of status quo – American Cyanamid principles (prima facie case, irreparable harm, balance of convenience). Land law – unregistered land – possession, succession and disputed ownership – interlocutory relief to prevent quarrying and disposition of land
Remedies – interlocutory injunction permitting possession but restraining economic activity pending trial
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29 May 2019 |
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Court allowed intercountry adoption, waiving one-year residence requirement, finding it in the children’s best interests.
Children Act (Amendment) – Intercountry adoption – Section 46 requirements – waiver of one-year continuous residence and fostering in exceptional circumstances. Welfare of the child paramount – factors to consider: wishes, physical, emotional and educational needs, family capacity and risk of harm
Evidence – home study report, PSWO report, fostering history, biological parent consent and relative capacity. Institutional care as last resort – preference for family-based placement
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27 May 2019 |
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Plaintiff’s land claim dismissed because the plaint failed to plead possession, so no cause of action in trespass.
Limitation – accrual of cause of action in land claims – right to sue accrues when possession is contested or adverse possession arises. Pleadings at preliminary stage – court confined to plaint and attachments when ruling on preliminary points
Licences – common law concept not confined to registered land; s.29(4) Land Act relates to licences on registered land but does not exhaust the concept. Cause of action – trespass requires plaintiff to be in actual or constructive possession; failure to plead possession defeats a trespass claim
Relief – dismissal for failure to disclose cause of action; costs awarded
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15 May 2019 |
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Prolonged remand and adequate sureties justified granting bail in a murder charge, subject to stringent conditions.
Criminal law – Bail pending trial – Right to apply for bail is constitutional and available regardless of offence. Serious offences (murder) – warrant stringent bail conditions due to risk of absconding given potential death sentence. Prolonged remand and lack of speedy trial – relevant factor in favour of granting bail. Fixed abode and substantial local sureties (including cohabiting spouse) – may suffice to mitigate flight risk
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13 May 2019 |
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Court granted bail pending appeal to a convicted first offender subject to cash deposit, sureties, and reporting conditions.
Criminal procedure – Bail pending appeal – discretionary relief – presumption of innocence persists post-conviction – conditions for bail including cash deposit, non-cash surety bonds and periodic reporting – acceptability of sureties resident in different localities – reliance on Jamwa v Uganda and Arvind Patel v Uganda.
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13 May 2019 |
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8 May 2019 |
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Amendment seeking to evade limitation and lacking proper supporting affidavit was dismissed with costs.
Amendment of pleadings – Order 6 Rule 19 CPR – amendments must not occasion injustice or defeat limitation; Affidavit formalities – Order 1 Rule 12 CPR requires written authority to swear on behalf of co‑litigant; Interlocutory procedure – Order 12 Rule 3(2) / Order 8 Rule 1 timelines for replies; Joinder of parties – party must have legal interest or necessity for effective adjudication; Court discretion – striking out late affidavits and defective affidavits.
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8 May 2019 |
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A notice of motion is a "suit" subject to Order 5 CPR service time limits; failure to serve timely warrants dismissal.
Civil procedure – notice of motion as a "suit" – service of process – application of Order 5 CPR time‑limits to motions and hearing notices – failure to serve within 21 days and no extension – dismissal; responsibility for service rests with instructed counsel/client; release of vehicle held at court pending execution.
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7 May 2019 |
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2 May 2019 |
| April 2019 |
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25 April 2019 |
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Land Law – Trespass – Successor Liability – Vicarious Liability – Locus Standi – Res Judicata – Government Agency Dissolution – Corporate Liability – Unauthorized Excavation – Transfer of Assets and Liabilities
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23 April 2019 |
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18 April 2019 |
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12 April 2019 |
| March 2019 |
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Court found the accused knowingly waived rights, entered a voluntary guilty plea, and ordered the plea form filed.
Criminal procedure - Guilty plea - Waiver of constitutional rights - Voluntariness and understanding of plea - Factual basis for plea - Court acceptance and incorporation of plea form into docket
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28 March 2019 |
| February 2019 |
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Non-compliant affidavits in election petitions may be struck out where legal requirements for illiterate deponents are not met.
Election petitions – preliminary objections – affidavit evidence – timelines for filing affidavits – compliance with Illiterates Protection Act – requirements for certification and interpretation of affidavits for illiterate deponents – consequences of non-compliance – striking out non-conforming affidavits – opportunity for rejoinder affidavits.
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5 February 2019 |
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A court struck out incompetent affidavits in an election petition, emphasizing strict compliance for illiterate deponents, but allowed the petition to proceed.
Election petition – preliminary objections – affidavits of illiterate deponents – strict compliance with Illiterates Protection Act and Oaths Act – timelines for filing affidavits – expeditious hearing – curable and incurable affidavit defects – election litigation procedure.
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5 February 2019 |