|
Citation
|
Judgment date
|
| October 2023 |
|
|
|
25 October 2023 |
|
|
25 October 2023 |
|
Stay of execution dismissed: applicant failed to file a timely appeal and did not provide required security.
Civil procedure — Stay of execution pending appeal — Order 43 r.4 CPR and s.98 CPA — requirements: pending/arguable appeal, substantial loss, no unreasonable delay, security for due performance — failure to file timely notice of appeal in proper court; lack of security and insufficient evidence of imminent execution — application dismissed.
|
24 October 2023 |
|
A bank that freezes a customer's account must prove lawful instruction and due diligence; lower court had jurisdiction; appeal dismissed.
Banking law – banker‑customer contractual duty to repay on demand; jurisdiction – pecuniary limit determined by account balance at filing; procedural compliance – striking off argumentative grounds; Anti‑Money Laundering Act – accountable persons must show express instructions and perform due diligence before freezing accounts.
|
23 October 2023 |
|
Indefinite extension of interdiction beyond six months was unlawful; court quashed it and ordered reinstatement with damages.
Judicial review – amenability and exhaustion of administrative remedies; exception for bias/predetermination. Public Service Standing Orders – interdiction timelines (3/6 months) and paragraph 15 requiring lifting when investigations exceed time limits. Illegality and irrationality as grounds for certiorari. Mandamus to compel reinstatement and award of general damages for unlawful interdiction. Discretion to refuse blanket injunction on ongoing investigations.
|
23 October 2023 |
|
A written sale‑swap bound the individual respondent; breach established and damages, interest and costs awarded to the applicant.
Contract law – sale‑swap agreement – contract interpretation; privity and corporate personality – liability of individual director where company not party; breach of contract – entitlement to special and general damages; specific performance vs damages; interest and costs.
|
23 October 2023 |
|
Review of consent judgment dismissed for lack of locus and no evidence of fraud, misrepresentation or mistake.
* Civil procedure – Review of consent judgment – Consent decrees to be upheld unless tainted by fraud, mistake, misrepresentation or contrary to court policy.
* Locus standi – Non-parties to a suit must demonstrate a nexus to the subject land to be aggrieved and eligible to seek review.
* Probate/administration – Absence of letters of administration does not necessarily defeat an heir’s locus where the heir sues in his own right as owner.
|
23 October 2023 |
|
Applicants’ review of a consent land judgment failed for lack of proven fraud and absence of locus.
Land law – Review of consent judgment; consent decrees upheld absent fraud, mistake or misrepresentation; locus of non‑party beneficiaries to challenge consent orders; heirs may sue in own right notwithstanding lack of letters of administration.
|
23 October 2023 |
|
Applicant charged with aggravated child trafficking granted bail due to serious medical condition and acceptable sureties, subject to bonds and reporting.
Criminal procedure – Bail application – aggravated trafficking in children; Exceptional circumstances – serious medical condition (tuberculosis) as ground for bail under Bail Guidelines and Trial on Indictments Act; Sureties – assessment of substantiality and jurisdiction; Bail conditions – monetary bonds and periodic reporting to secure attendance.
|
23 October 2023 |
|
A vesting order was granted where long, open possession, acquiescence and vendor’s death satisfied section 167 requirements.
Registration of Titles Act, s.167 – vesting order – requirements: registered land and payment of price; actual, open, exclusive and continuous possession by purchaser; acquiescence by vendor or representatives; inability to execute transfer because vendor deceased or absent – long possession and supporting evidence (affidavits, photographs) can justify vesting order.
|
23 October 2023 |
|
Appellate court quashed acquittal and convicted respondent for forgery and uttering a false document.
Criminal law – Forgery and Uttering False Documents – elements and proof beyond reasonable doubt; Appellate review – duty to re-evaluate trial evidence; Forensic handwriting evidence – weight and admissibility; Miscarriage of justice – acquittal set aside.
|
23 October 2023 |
|
|
20 October 2023 |
|
|
20 October 2023 |
|
Court held the suit land was ancestral clan land and the respondents' registered title was valid, not procured by fraud.
Land law – testamentary dispositions; ancestral/ clan land v personal estate; Registration of Titles Act – conclusive effect of title and fraud exception; burden of proof for alleging fraud; company holding clan property and membership/registration issues; remedies – cancellation of title and declarations.
|
20 October 2023 |
|
Applicant lacked authority to challenge a consent judgment; application dismissed and reply affidavit found defective.
Civil procedure – Setting aside consent judgment – Locus standi to challenge consent judgments on behalf of others – Authority to litigate – Affidavit formalities under the Oaths Act – Undated jurat renders affidavit defective.
|
20 October 2023 |
|
|
20 October 2023 |
|
|
20 October 2023 |
|
|
20 October 2023 |
|
|
20 October 2023 |
|
|
20 October 2023 |
|
Application to set aside ex-parte order dismissed; written statement of defence validated and costs awarded to respondent.
* Civil procedure – setting aside ex-parte orders – requirement of credible affidavits and proof of service. * Service of process – affidavit of service by process server vs. defendant’s denial – credibility and effect. * Evidence – inconsistencies in sworn affidavits may render application untenable. * Validation of pleadings by consent – effect on main suit. * Costs – unsuccessful application to set aside ex-parte order attracts costs.
|
19 October 2023 |
|
|
19 October 2023 |
|
Applicant failed to show sufficient cause for an extension of time to appeal; application dismissed with costs.
Extension of time to appeal – sufficiency of cause – inordinate delay and dilatory conduct – illness and financial incapacity – prejudice to respondent – precedents considered (Molly Kyalukinda Turinawe; Uganda v Ntambi).
|
18 October 2023 |
|
|
18 October 2023 |
|
Appeal dismissed; security-for-costs order upheld for lack of leave and failure to comply with court directions.
* Civil procedure — Security for costs — Order 26 CPR — Court may order plaintiff to give security where circumstances justify; discretion to be exercised judiciously.
* Appealability — Orders not listed as appealable as of right require leave of the court that made the order; failure to seek leave renders appeal incompetent.
* Procedural compliance — Failure to comply with court directions and late filing of submissions without leave (Order 51 r 6 CPR) attracts adverse consequences.
* Evidence — Competency of supporting affidavits and authority of deponent are material to the viability of an application or appeal.
|
18 October 2023 |
|
|
18 October 2023 |
|
|
18 October 2023 |
|
|
17 October 2023 |
|
|
16 October 2023 |
|
|
16 October 2023 |
|
|
13 October 2023 |
|
|
13 October 2023 |
|
|
13 October 2023 |
|
Whether medical and witness evidence proved aggravated defilement beyond reasonable doubt and justified a lengthy custodial sentence.
* Criminal law – Aggravated defilement – Elements: victim under 14, performance of sexual act, accused’s participation; medical and eyewitness corroboration. * Credibility – Sworn victim testimony corroborated by mother, neighbours and medical report. * Sentencing – Heavy custodial sentence with remand credit for time served.
|
13 October 2023 |
|
|
12 October 2023 |
|
|
12 October 2023 |
|
|
12 October 2023 |
|
|
12 October 2023 |
|
Child’s sworn testimony and medical evidence established aggravated defilement; accused convicted and sentenced to 12 years 4 months imprisonment.
Criminal law – Aggravated defilement – Elements: age of victim, performance of sexual act, accused’s participation; proof by medical report (PF3A) and child witnesses; competency and credibility of child testimony; rejection of framing defence; sentencing — aggravating and mitigating factors, remand credit.
|
12 October 2023 |
|
High Court sets aside protection order after magistrate unlawfully reopened concluded maintenance matter and denied applicants a hearing.
* Revision – Section 83 Civil Procedure Act – High Court supervision over magistrates; illegal or materially irregular exercise of jurisdiction. * Res judicata and functus officio – concluded family/maintenance orders cannot be reopened without proper application. * Natural justice – audi alteram partem breach where protection order granted ex parte without notice or social inquiry report. * Domestic Violence Act – relief under DV Act cannot be smuggled into a concluded maintenance matter without fresh proceedings.
|
11 October 2023 |
|
|
11 October 2023 |
|
|
10 October 2023 |
|
|
10 October 2023 |
|
|
10 October 2023 |
|
|
10 October 2023 |
|
Whether identification and corroborative medical and physical evidence proved rape beyond reasonable doubt, resulting in conviction and significant imprisonment.
* Criminal law – Rape – proof of carnal knowledge, absence of consent and participation – identification and corroboration by medical and physical exhibits.* Evidence – identification in daylight, distinctive physical mark (tattoo) and contemporaneous recovery of clothes, phone and sim corroborate complainant's account.* Sentence – seriousness and deterrence weighed against youth; remand credit applied.
|
6 October 2023 |
|
Transfer registered after proprietor’s death was fraudulent; title cancelled and re‑registered to the administrator, with damages awarded.
Land law – Transfer and registration procured by fraud – Effect of deceased proprietor’s date of death on validity of transfer; Limitation Act s.25 – fraud exception; Registration of Titles Act s.176 – cancellation and rectification of register; bona fide purchaser and possession evidence.
|
5 October 2023 |
|
|
5 October 2023 |
|
Uncorroborated circumstantial evidence and isolated statements insufficient to convict the accused of murder.
* Criminal law – Murder – Unlawful death established by post‑mortem (hemorrhagic shock from cut penis).
* Criminal law – Circumstantial evidence – Non‑attendance at burial, alleged shrine and isolated statements insufficient without independent corroboration.
* Criminal procedure – No case to answer – acquittal where prosecution evidence is weak and speculative.
* Evidence – Failure to produce sketch map/photographs of destroyed physical evidence undermines investigative reliability.
|
5 October 2023 |
|
Circumstantial evidence and post‑mortem findings established accused’s knowledge and role, resulting in conviction for murder and 17‑year sentence.
Criminal law – Murder – malice aforethought established by post‑mortem showing blunt force head injuries; circumstantial evidence of presence and admissions – accused held a principal offender under s.19(1)(b) for aiding concealment; assessors’ opinion of lesser offence rejected.
|
4 October 2023 |