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Citation
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Judgment date
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| December 2021 |
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High Court jurisdiction not ousted by Section 139(2); compensation and human-rights claims may proceed to court.
Constitutional law – High Court unlimited original jurisdiction (Art.139) – statutory remedies do not oust jurisdiction unless expressly stated
Petroleum law – Compensation for disturbance of rights – Section 139(2) permits Chief Government Valuer review but does not bar court proceedings
Human rights – enforcement of rights to livelihood, life and protection from deprivation of property actionable in High Court
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21 December 2021 |
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An amended memorandum filed without leave is incompetent; the applicant cannot rely on Article 126 to excuse procedural non‑compliance.
Civil procedure – Appeal – amended memorandum of appeal – mandatory leave – Order 43 Rule 2, Civil Procedure Rules. Constitutional law – Article 126(2)(e) – limits on overlooking procedural non‑compliance; rules of procedure remain binding. Competence of pleadings – failure to seek leave renders amended memorandum incompetent; appeal dismissed on preliminary objection
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17 December 2021 |
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An uncorroborated, unreliable victim account plus a credible alibi raised reasonable doubt, leading to acquittal.
Criminal law – Aggravated defilement – ingredients: victim’s age, unlawful sexual intercourse, accused’s participation. Sexual offences – Uncorroborated complainant evidence – must be cogent and reliable to sustain conviction
Alibi – where credibly established, prosecution must rebut to avoid reasonable doubt. Evidentiary weight of PF3/PF24 medical reports on age, injuries and accused’s HIV status
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16 December 2021 |
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Suspicion and unverified circumstantial evidence cannot replace proof beyond reasonable doubt; accused acquitted.
Criminal law – Murder – Circumstantial evidence – Sufficiency to ground conviction; burden of proof beyond reasonable doubt; untested alibi; conviction cannot rest on suspicion alone.
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16 December 2021 |
| November 2021 |
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Accused convicted of aggravated defilement of a 13-year-old; sentenced to 13 years, 10 months and 3 days imprisonment.
Criminal law – Aggravated defilement – elements: victim under 14, sexual act (penetration), identity of perpetrator
Evidence – sexual offences – victim’s testimony corroborated by medical evidence (hymenal tears) sufficient to prove penetration
Identification – single identifying witness supported by immediate report and corroborative testimony of sibling acceptable where no realistic possibility of mistaken identity. Evidence assessment – minor inconsistencies do not necessarily discredit the prosecution where material aspects are consistent
Sentencing – application of sentencing guidelines for capital offences, consideration of aggravating/mitigating factors and mandatory deduction for remand time
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18 November 2021 |
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An election petition alleging bribery, illegal donations, and procedural breaches failed for lack of admissible evidence and proof.
Election law – Parliamentary Elections Act – Illegal practices – Bribery – Donations during campaigns – False statements – Burden and standard of proof – Admissibility and authentication of electronic evidence – Parliamentary election petitions – Non-compliance by Electoral Commission – Quantitative and qualitative impact on results.
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1 November 2021 |
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A petition to nullify a parliamentary election on grounds of illegal practices and electoral offences failed for lack of proof and inadmissible electronic evidence.
Electoral law – parliamentary elections – standard for proof of illegal practices and election offences – admissibility and authentication of electronic evidence – role of the Electoral Commission in handling complaints – quantitative and qualitative assessment of substantial effect on election outcome.
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1 November 2021 |
| October 2021 |
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29 October 2021 |
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Leave to appeal and a stay of execution granted pending appeal over disputed cancellation and re‑registration of land titles.
Land law – stay of execution – leave to appeal – authenticity of certificates of title – Registrar/Commissioner of Lands acting on court orders – locus standi of non‑citizen company with leasehold interest – ex parte proceedings and right to be heard – scope and strict construction of powers of attorney.
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28 October 2021 |
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26 October 2021 |
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22 October 2021 |
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Petitioner failed to prove substantial non-compliance or illegal practices in the contested parliamentary election, resulting in dismissal of the petition.
Electoral law – Parliamentary elections – Election petitions – Non-compliance with electoral laws – Standard of proof for substantial effect on results – Alleged illegal practices and electoral offences – Burden and standard of proof – Dismissal of petition where non-compliance or illegal acts not proven.
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15 October 2021 |
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Uganda Revenue Authority not liable for vehicle damages, as incurred before custody.
Shipping and transport - responsibility for goods - assessment of liability for damages in customs handling.
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14 October 2021 |
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12 October 2021 |
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12 October 2021 |
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11 October 2021 |
| September 2021 |
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22 September 2021 |
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17 September 2021 |
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14 September 2021 |
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10 September 2021 |
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A petition lacking a properly executed affidavit by the applicant, in breach of statutory rules, is incurably defective and struck out.
Election law – procedural compliance – requirement that election petitions be accompanied by the petitioner’s own affidavit (Local Government Act s.138, s.172; Parliamentary Election Petitions Rules r.4(8))
Evidence – Illiterates Protection Act – requirements for affidavits sworn by illiterate persons and endorsement by interpreters. Civil procedure – competence of petition – incurable defect where mandated affidavit is absent or noncompliant
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7 September 2021 |
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1 September 2021 |
| August 2021 |
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31 August 2021 |
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31 August 2021 |
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31 August 2021 |
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31 August 2021 |
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26 August 2021 |
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21 August 2021 |
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A parliamentary election petition was dismissed as res judicata and for lack of a valid supporting affidavit.
Election petition – res judicata – academic qualifications of a parliamentary candidate – statutory declaration for name discrepancies – competence of supporting affidavit – procedure – Electoral Commission Act – Parliamentary Elections Act.
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20 August 2021 |
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17 August 2021 |
| July 2021 |
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Court granted temporary injunction restraining criminal investigations into applicant’s judicial acts pending constitutional determination.
Constitutional law – judicial immunity (Article 128(4)); injunctive relief – prima facie case, irreparable harm, balance of convenience; administrative law – lawfulness of State House Anti‑Corruption Unit; separation of functions – parallel criminal investigations vs Judicial Service Commission disciplinary proceedings.
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28 July 2021 |
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Court set aside a consent judgment for unlawfully extending a council’s statutory tenure and lacking authority to bind the Institute.
Administrative law – Consent judgments – Court duty to scrutinise lawfulness of compromises; Corporate governance – Authority to bind statutory body; Statute interpretation – Section 9 Accountants Act 2013 limits council tenure; Procedure – Order 1 Rule 12 and authentication of documents (signatures/seal).
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23 July 2021 |
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Joinder permitted under retainer agreement but lis pendens barred and struck out the claim already pending in earlier suit.
Civil procedure – Joinder of causes of action (Order 2 r 4) – related transactions under a retainer agreement may be joined; Lis pendens (s.6 Civil Procedure Act) – subsequent suit barred where matter in issue directly and substantially same as pending suit; Partial striking out and amendment of plaint; No order as to costs.
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15 July 2021 |
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Withholding a promotion appointment letter unlawfully infringed the applicant's employment rights; court ordered retrospective appointment, emoluments and damages.
Constitutional and administrative law – Public service promotions – legality of withholding appointment letter after promotion decision – right to work and practice profession – remedies including declaratory relief, retrospective appointment, payment of emoluments, general and punitive damages; evidence – unproven defence of recruitment ban; public service accountability.
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8 July 2021 |
| June 2021 |
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30 June 2021 |
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A litigant in occupation of disputed land was added as co-defendant to ensure all issues are determined in a land suit.
Civil procedure – joinder of necessary parties – application to be added as co-defendant – principles for granting joinder – stay of proceedings – when appropriate to grant stay pending appeal.
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29 June 2021 |
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Petitioner failed to prove shares were paid or that conduct was unfairly prejudicial; petition dismissed.
Companies Act s.248 – unfairly prejudicial conduct and oppression – burden of proof on petitioner; Companies Act s.61(1)(b) – requirements for shares allotted as non-cash consideration; evidential weight of returns of allotment; company lien on unpaid shares under articles preventing sale to third parties.
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24 June 2021 |
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24 June 2021 |
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Detention in military/ungazetted custody beyond 48 hours violated the applicants’ constitutional right to personal liberty.
Constitutional law – Personal liberty – Detention in ungazetted/military custody beyond 48 hours violates Article 23(2); Evidence – Allegations of torture require corroboration (medical/witness) to succeed; Prosecutorial discretion – DPP not liable as a body corporate and no abuse of process shown.
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24 June 2021 |
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21 June 2021 |
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Applicants granted unconditional leave to defend summary rent claim after demonstrating bonafide triable issues.
Civil procedure – Summary judgment (Order 36) – Leave to appear and defend – Requirement to show bonafide triable issue of fact or law – Tenancy disputes – evidence of payments and existence/non-existence of written tenancy agreement – directors’ personal liability.
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15 June 2021 |
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Whether a council speaker unlawfully obstructed statutory recommendations for District Service Commission appointments.
Local government – District Executive Committee’s power to recommend appointments to District Service Commission – Speaker’s role and limits – Ultra vires rejection of committee recommendations – Judicial review – mandamus – discretionary remedies – damages generally not available in public affairs review.
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2 June 2021 |
| May 2021 |
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Post-judgment alteration of a certificate of title constituted new matter warranting review and reinstatement of the applicant on the corrected title.
Land registration – Review of judgment (Order 46 CPR/Section 82 CPA) – Post-judgment alteration of certificate of title – New and important matter – Correction of description and reinstatement of registered proprietor – Cancellation of title requires separate suit – Costs awarded to applicant.
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18 May 2021 |
| April 2021 |
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Stay pending appeal refused for prematurity and lack of proof of likelihood of success or irreparable harm.
Civil procedure – stay of execution pending appeal – notice of appeal alone insufficient – requirement to show likelihood of success and irreparable harm – prematurity where no execution steps taken – discretion to protect fruits of a decree.
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30 April 2021 |
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Informer must prove, on balance of probabilities, that his new information directly caused tax recoveries to get a reward.
Revenue law – informer rewards – entitlement to 10% reward requires proof that the informer’s new, substantial information directly led to tax recovery
Evidence – burden of proof in civil cases: informer must prove on balance of probabilities causation between information and recovery. Administrative procedure – Tax Evaders Information Form (TIF): each distinct tip must have a specific TIF code; absence undermines authenticity. Customs practice – routine/post-clearance audits may independently lead to recoveries and cannot be claimed as informer-triggered without proof
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30 April 2021 |
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Court ordered respondents to deposit UGX 100,000,000 security to prevent removal of respondent's vehicle pending the main suit.
Civil procedure – Interim relief – Attachment before judgment – purpose to prevent evasion of execution and preserve balance between parties. Civil procedure – Security as alternative to detention of property pending suit – discretion of court and assessment of local assets. Enforcement of foreign judgments – reciprocal arrangements do not automatically displace interim protective measures where local enforcement is impractical or costly
Evidence – burden to show existence of adequate local assets to negate need for interim security
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29 April 2021 |
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Respondents found in civil contempt for breaching a status-quo injunction; court ordered three-month committal and deposit of mining proceeds.
Civil contempt – disobedience of injunction/status quo orders – committal to civil prison – disgorgement of proceeds – enforcement of interim orders.
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29 April 2021 |
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Victim and medical evidence proved aggravated defilement beyond reasonable doubt; accused convicted.
Criminal law – Aggravated defilement – Elements: victim under 14, sexual act, accused’s participation – Standard of proof: beyond reasonable doubt – Identification and victim testimony – Medical (Police Form 3A) corroboration – Assessment of defence credibility
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29 April 2021 |
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The applicants were granted a stay of execution pending appeal after showing likelihood of success and risk of irreparable harm.
Civil procedure – Stay of execution pending appeal (O.22 r.26) – requirements: prima facie case/likelihood of success, irreparable harm / appeal rendered nugatory, balance of convenience, absence of undue delay – competence of affidavit/power of attorney – threat of execution notwithstanding no steps taken yet.
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20 April 2021 |
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Appellate court dismissed challenge to land transfer, finding no proven fraud and no need for locus quo; costs awarded to respondents.
Land law – validity of transfers – alleged fraud in sale by administrator; appellate review of trial evidence; locus quo unnecessary where documents and proceedings clarify title; costs on withdrawal and appeals.
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19 April 2021 |