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Citation
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Judgment date
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| October 2023 |
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Whether the prosecution proved a prima facie case of rape given inconsistent testimony and unremarkable medical evidence.
Criminal law – Rape – Prima facie case under s.73(1) TIA – Essential ingredients: carnal knowledge and lack of consent – Credibility of complainant – Role of contemporaneous medical evidence in corroboration.
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4 October 2023 |
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A land broker’s unpaid commission claim does not create a caveatable interest; the caveat was removed and costs awarded.
Land law – Caveats – Who may lodge a caveat – Requirement of proprietary, legal or equitable interest under Section 139(1) of the Registration of Titles Act. Removal of caveat – Court’s power under Section 140(1) where caveator fails to show cause. Remedies – Costs/compensation under Section 142 for caveats lodged without reasonable cause. Commercial agents/land brokers – unpaid commission is a civil claim not a caveatable interest.
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3 October 2023 |
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Contradictions in witness evidence and incomplete medical proof raised reasonable doubt, leading to acquittal for aggravated defilement.
Criminal law – Aggravated defilement – ingredients: victim under 14, sexual act, accused’s participation – burden of proof beyond reasonable doubt. Evidence – medical evidence (PF3A) and absence of medical examiner’s testimony; significance of intact hymen and small laceration. Witness credibility – contradictions in timelines and hearsay concerns. Trial procedure – judge may disagree with assessors where evidence is insufficient.
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3 October 2023 |
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Medical proof of sexual injury insufficient where prosecution fails to prove the accused’s participation beyond reasonable doubt.
Criminal law – Aggravated defilement – elements: age, sexual act, accused’s participation. Evidence – medical report (PF3A) corroboration of sexual act and age. Evidence – effect of contradictions between witness testimony and medical records on proof of identity. Reasonable doubt – accused’s credible alternative explanations and family dispute as ground for acquittal.
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3 October 2023 |
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The accused was convicted of aggravated defilement based on medical and corroborative witness evidence and sentenced to 12 years imprisonment.
Criminal law – Sexual offences – Aggravated defilement under s.129(3) and (4) – Proof of age, performance of sexual act and participation.* Evidence – Medical evidence (PF3A) corroborating victim’s account – lacerations and dilated hymen indicating recent sexual activity.* Credibility – Child complainant corroborated by mother and treating midwife sufficient to convict.* Sentencing – Youth as mitigating factor; victim trauma and deterrence as aggravating factors warranting substantial custodial sentence.
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3 October 2023 |
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Court reinstated dismissed land suit, validated late defence, ruling mistake of counsel and justice justified relief.
Civil procedure – reinstatement of suit dismissed for want of prosecution; mistake of counsel as sufficient cause; late service of notice of motion; validation of out-of-time defence and counterclaim; court’s discretion and prevention of multiplicity of suits (s.33 Judicature Act).
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2 October 2023 |
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Applicant showed sufficient cause (including failures to communicate hearing dates) so the dismissed appeal was reinstated.
Civil procedure – Appeal dismissed for want of prosecution – Reinstatement – Sufficient cause required under Order 43 Rule 16 – Effect of failures by counsel or court staff to communicate hearing dates – Preference for adjudication on merits.
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2 October 2023 |
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Applicants failed to show grounds for review of DNA-testing order; court ordered alleged children to provide blood samples.
Civil procedure – Review under s.82 CPA and Order 46 – requirements: mistake apparent on record, new evidence, or other sufficient reason. Family/Probate – DNA relationship testing to determine lineage and estate beneficiaries – reference samples, exhumation considerations. Procedural remedy – review inappropriate for grievances arising after an order; alternative directions to facilitate testing and reconciliation.
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2 October 2023 |
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Review dismissed: court limited to reviewing its own orders; applicant failed to show error or new evidence.
Civil procedure – Review under Section 82 CPA and Order 46 CPR – review limited to the court which made the order; cannot review trial court decisions. Civil procedure – Distinction between review and revision (Section 83) – appropriate remedy for challenging magistrates’ decisions. Review grounds – error apparent on the face of the record – requires a manifest, self-evident error, not mere disagreement on merits. Review grounds – discovery of new and important evidence – requires novelty, relevance, due diligence, and compelling effect on outcome. Land/locus issues – capacity to sue and pecuniary jurisdiction – facts ascertainable with reasonable diligence do not amount to new evidence.
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2 October 2023 |
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Applicants’ appeal reinstated where counsel’s inadvertence constituted sufficient cause and applicants acted with due diligence.
Civil Procedure – reinstatement of appeal dismissed for want of prosecution – Order 43 Rule 16 – sufficient cause – negligence of counsel – when counsel’s lapses not imputed to litigant – service of hearing notices on advocates as proof of instruction.
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2 October 2023 |
| September 2023 |
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Statutory illegality did not bar the applicant's civil claim; respondent liable for UGX 357,987,000 and counterclaim dismissed.
Contract—sale of agricultural produce—claim for unpaid cotton based on weighbridge tickets and supplier code. Cause of action—requirements satisfied where right, violation and defendant's liability pleaded and supported by annexures. Illegality—lack of statutory registration under Cotton Development Act; application of Patel v Mirza policy/proportionality test; statutory penalties do not automatically bar civil recovery. Evidence—admissibility of secondary copies of weighbridge tickets where originals lost/stolen; burden on defendant to prove payment. Remedies—award for unpaid supplies; dismissal of unproved counterclaim; costs to successful supplier.
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29 September 2023 |
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Court stayed execution pending appeal, preserved status quo, and refused to order security for due performance.
Civil procedure – Stay of execution pending appeal – Order 43 CPR – likelihood of success, risk of rendering appeal nugatory, delay and security. Preservation of status quo where extrajudicial execution alleged. Inherent jurisdiction to protect appellate remedy and prevent unlawful execution.
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29 September 2023 |
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Civil contempt claim for failure to remove excavated material dismissed; non-compliance was bona fide, costs awarded to respondent.
Contempt of court – Civil contempt – elements: order, notice, non-compliance, willfulness and mala fides – meaning of ‘forthwith’ – bona fide non-compliance – costs for premature litigation.
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29 September 2023 |
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Appellant failed to prove title; demarcation and possession established respondents' land; appeal dismissed with costs.
Land law – evidential burden in ownership disputes – purchaser must prove the specific parcel bought; admissibility and weight of translated purchase agreements; weight of local authority demarcations and locus findings in boundary disputes; possession as evidence against trespass claims.
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29 September 2023 |
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Representative-suit advertisement must include the full list of represented persons; omission is curable by re-advertisement.
Civil procedure — Representative suits — Order 1 Rule 8 (as amended) — Requirement of written authorization and notice — Advertisement must include list of persons represented — Non-compliance curable by re-advertisement — Inherent jurisdiction to prevent injustice.
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29 September 2023 |
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29 September 2023 |
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28 September 2023 |
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28 September 2023 |
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27 September 2023 |
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27 September 2023 |
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26 September 2023 |
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25 September 2023 |
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25 September 2023 |
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20 September 2023 |
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20 September 2023 |
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20 September 2023 |
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18 September 2023 |
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The applicant’s convictions quashed where possession was not proved, claim of right ignored, and sentence was unlawful.
Criminal law – Criminal trespass: elements (possession, entry, intent) – requirement that prosecution prove possession; Malicious damage – defence of claim of right (s.7 Penal Code Act); Appellate review – misdirection by trial court; Sentencing – omnibus sentences unlawful; refund of fined sums where conviction quashed.
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14 September 2023 |
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12 September 2023 |
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The plaintiffs awarded unpaid terminal benefits, general damages and interest; redundancy payments found already paid.
Labour/divestiture – unpaid terminal benefits – Auditor General verification – judgment on admission; general damages for prolonged non-payment; interest on principal (8% from June 1995) and on damages (10% from judgment); redundancy compensation found previously paid; costs to successful plaintiffs.
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8 September 2023 |
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8 September 2023 |
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7 September 2023 |
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7 September 2023 |
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7 September 2023 |
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High Court dismissed application to stay/terminate criminal proceedings, finding Masaka court had jurisdiction and no abuse of process.
Criminal procedure – stay of criminal proceedings pending civil suit – High Court revisionary powers (Criminal Procedure Code ss.48,50) require an existing magistrates’ order or finding – Inherent supervisory powers (Judicature Act s.17) apply only where abuse of process or undue delay shown – Concurrent civil and criminal proceedings may coexist – Geographical jurisdiction under Magistrates Courts Act ss.34–35 determined by where offence was committed or consequence ensued.
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7 September 2023 |
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7 September 2023 |
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7 September 2023 |
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Executor and bank added as respondents because mortgage deregistration affects the estate and complete adjudication is required.
Civil procedure – Joinder of parties – Order 1 r.10 & r.13 CPR – Locus standi to challenge proceedings – Res judicata and lis pendens – Mortgage deregistration affecting estate – Executor’s interest – Necessary joinder of bank.
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7 September 2023 |
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Application to reinstate dismissed suit failed because counsel’s supporting affidavits were impermissibly sworn and struck out.
Civil procedure – setting aside dismissal (Order 9 r.23) – Advocates (Professional Conduct) Reg.9 – personal involvement: advocate deponing affidavit while in personal conduct is impermissible – supporting affidavit fatally defective – application dismissed for want of support.
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7 September 2023 |
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7 September 2023 |
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Applicant (granddaughter) had locus but review dismissed for no error apparent on the face of the record.
Review of judgment; locus to apply for review – 'aggrieved person' under Section 82; error apparent on the face of the record requirement for review; inadmissibility/expungement of supplementary affidavits filed after hearing without leave; succession/devolution findings are factual matters not amenable to review.
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7 September 2023 |
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Appellant’s conviction for theft upheld on recent-possession evidence; compensation reduced to amount supported by testimony.
Criminal law – Theft – Proof of ownership and asportation – Circumstantial evidence and doctrine of recent possession – Burden on accused to account for recent possession – First appellate reappraisal of evidence; Criminal procedure – Compensation under Magistrates Courts Act s.197(1) – award must be supported by evidence.
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7 September 2023 |
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A suit declared to have abated cannot be reinstated; the remedy is to file a fresh suit subject to limitation.
Civil procedure – Abatement under Order 11A Rule 1(2) and 1(6) – Effect of abatement and available remedy – Reinstatement not provided for; remedy is fresh suit subject to limitation. Civil procedure – Order 9 Rule 18 inapplicable where dismissal is for abatement under Order 11A. COVID-19 disruption – does not override statutory abatement consequences.
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7 September 2023 |
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A voluntary, corroborated confession can sustain conviction, but cannot alone convict an uncorroborated co‑accused.
Criminal law – Murder – ingredients: death, unlawful act, malice aforethought, participation. Confession – Charge and Caution Statement – admissibility; trial‑within‑a‑trial to test voluntariness. Corroboration – confession corroborated by discovery of body and post‑mortem. Co‑accused liability – confession of one accused insufficient to convict another without independent corroboration. Sentencing – aggravating and mitigating factors; deduction of remand time.
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7 September 2023 |
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Circumstantial evidence of motive, repeated threats and flight supported convictions for murder and 20-year sentences.
Criminal law – Murder – Circumstantial evidence: motive, prior threats and post-offence conduct – malice aforethought established by targeting vulnerable body part – common intention under Section 20 Penal Code – relevance of statements of deceased (Evidence Act s.30) and conduct (Evidence Act s.7).
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7 September 2023 |
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Grant of letters of administration revoked for concealment of beneficiaries; certain land registrations cancelled and donation claim time‑barred.
Succession law – revocation of letters of administration – concealment of beneficiaries; Fraud and misrepresentation in probate petitions; Limitation Act – time bar on claims to shares of deceased estates; Land registration – unlawful transfers and cancellations under Registration of Titles Act; Duty to file inventory and distribute estate before personal registration.
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6 September 2023 |
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Conviction for aggravated defilement upheld where child’s un‑sworn testimony, immediate report and medical evidence provided adequate corroboration; sentenced to 40 years (remand credited).
Criminal law – Aggravated defilement – Elements: victim under 14, sexual act (penetration), identity of perpetrator. Evidence – Un‑sworn testimony of a child of tender years – requirement for corroboration by immediate report and medical evidence. Evidence – Weight of distress and contemporaneous statements as corroboration. Evidence – Assessment of inconsistencies and failure to cross‑examine. Sentencing – Application of sentencing guidelines, aggravating/mitigating factors and remand credit.
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6 September 2023 |
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6 September 2023 |
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5 September 2023 |
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1 September 2023 |