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Citation
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Judgment date
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| August 2023 |
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Administrators breached mandatory Succession Act duties by failing to file an inventory and fully distribute the estate.
* Succession Act s.278 – mandatory duty of executors/administrators to exhibit inventory (within six months) and account (within one year).
* Administrators’ duties – failure to file inventory and incomplete distribution constitutes breach; ignorance of law not a defence.
* Remedies – declaratory relief and specific performance orders requiring filing of inventory, distribution of estate, and signing of transfer/mutation documents.
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8 August 2023 |
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An honest belief in ownership negated mens rea for theft and malicious damage; conviction quashed for misdirection and evidential exclusion.
Criminal law — Theft and malicious damage — Honest claim of right under section 7 Penal Code Act negating mens rea; Admissibility of prior judgments/orders as evidence; Appeal time limits — leave and considerations for unrepresented/incarcerated appellants; Trial court misdirection and appellate re‑appraisal of evidence.
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8 August 2023 |
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8 August 2023 |
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Stay of execution denied where decree lacked executable orders and no imminent threat of execution was shown.
* Civil procedure – Stay of execution pending appeal – criteria: notice of appeal; appeal not frivolous; serious and imminent threat of execution; promptness; security/undertaking (Kyambogo University v Prof. Isaiah Omollo).
* Executability – decree lacking orders for vacant possession, eviction or costs may not be executable; absence of execution proceedings defeats stay application.
* Security/undertaking – applicant’s failure to offer security is a factor against granting stay.
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7 August 2023 |
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Contempt application dismissed because the sole supporting affidavit was not sworn before a commissioner of oaths.
* Civil procedure – contempt application dismissed where supporting affidavit not properly sworn; mandatory requirement to appear before Commissioner of Oaths (Oaths Act ss.5–6; Commissioner Rules). * Evidentiary rule – single invalid supporting affidavit leaves an application unsupported and liable to be dismissed. * Preliminary objections – competence of affidavit can dispose of substantive application without addressing merits.
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7 August 2023 |
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Applicant's claim of threatened eviction and cancelled title dismissed for lack of admissible evidence and wrong defendant.
* Human rights enforcement – jurisdiction of High Court under Human Rights (Enforcement) Act; burden on balance of probabilities.
* Right to property and fair hearing – alleged eviction and title cancellation.
* Evidence – inadmissibility of newspaper articles as hearsay.
* Land law – Registrar’s powers to rectify/cancel titles (Land Act Section 91; Registration of Titles Act).
* State liability – distinction between Attorney General and Commissioner of Land Registration; proper defendant for title rectification challenges.
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7 August 2023 |
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7 August 2023 |
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4 August 2023 |
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4 August 2023 |
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Prosecution proved murder and common intention; ten accused convicted and sentenced to concurrent 25-year terms, two acquitted.
* Criminal law – Murder – Elements: death, unlawful act, malice aforethought – proved by postmortems and eyewitnesses.
* Criminal law – Identification and alibi – credibility of eyewitnesses versus alibi defences.
* Criminal law – Common intention (s.20 Penal Code Act) – mob action and joint liability where death is probable consequence.
* Evidence – Postmortem reports, SOCO exhibits and contemporaneous eyewitness testimony corroboration.
* Sentencing – Guideline starting point for murder; concurrent custodial terms and remand credit.
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2 August 2023 |
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1 August 2023 |
| July 2023 |
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26 July 2023 |
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Accused convicted of rape after prosecution proved non-consensual intercourse, identity, and corroborative medical evidence beyond reasonable doubt.
* Criminal law – Rape – Elements: unlawful carnal knowledge; absence of consent; identity of perpetrator.
* Burden and standard of proof – prosecution must establish every ingredient beyond reasonable doubt; conviction on strength of prosecution's case.
* Evidence – victim identification and testimony; medical evidence corroborating violent sexual intercourse; assessment of accused's defence credibility.
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20 July 2023 |
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Strangulation and malice were established, but the accused was acquitted because participation was not proved beyond reasonable doubt.
Criminal law - Murder: elements — death, unlawfulness, malice aforethought, participation; medical expert evidence establishing strangulation vs electrocution; insufficiency of after‑the‑fact evidence to prove accused's participation; acquittal where identification/participation not proved beyond reasonable doubt.
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19 July 2023 |
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Accused convicted of aggravated defilement: victim under 14, authority relationship and medical/victim evidence proved guilt; sentenced with remand deducted.
* Criminal law – Sexual offences – Aggravated defilement (s.129 Penal Code Act) – ingredients: victim under 14, sexual act, person in authority, perpetration – requirement that prosecution prove each beyond reasonable doubt. * Evidence – Victim’s testimony in sexual offence – significance and corroboration by medical examination and investigating officer’s findings. * Authority – domestic worker living/working with victim’s parent can amount to person in authority. * Sentencing – balancing deterrence and rehabilitation; deduction for remand time.
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19 July 2023 |
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Late reply struck out; trial magistrate’s failure to consider possession evidence led to revision, release of land and costs for the applicant.
Civil procedure – Notice of Motion – Order 52 Rule 3 CPR and Section 83(c) CPA – time for filing a reply – late affidavit struck out; Revision – material irregularity where trial magistrate failed to consider documentary evidence of possession – relief to release land from attachment and award costs.
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17 July 2023 |
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High Court set aside LCIII and Chief Magistrate proceedings as illegal for lack of jurisdiction and granted revision with costs.
• Civil Procedure – Revisionary jurisdiction – Sections 83 and 98 Civil Procedure Act – High Court’s power to set aside proceedings that are illegal or nullities.
• Jurisdiction – Local Council Courts – Limits on LCIII jurisdiction in land-related disputes; LCIII judgment held a nullity where jurisdiction lacking.
• Evidence – Unrebutted affidavit evidence taken as admitted where respondent files no replying affidavit or submissions.
• Principle – Once an illegality is established, courts must correct it.
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14 July 2023 |
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11 July 2023 |
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11 July 2023 |
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11 July 2023 |
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10 July 2023 |
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10 July 2023 |
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Court partly allowed appeal varying taxed costs, reducing the bill to UGX 23,968,750 and awarding appeal costs to the applicant.
* Advocates Act/Taxation of Costs – Appeal against taxing officer – Court may only interfere where award is manifestly excessive or based on wrong principle. * Civil procedure – affidavits – non-parties (advocates) may depose affidavits if competent and not representing the party in the matter. * Taxation – item-by-item scrutiny; duplicative, unsupported or excessive items may be taxed off or reduced. * Relief – technical defects in form of order should not defeat substantive justice.
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8 July 2023 |
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A criminal acquittal is not a legal bar to related civil claims; fraud discovery postpones limitation.
Civil procedure – abuse of court process – effect of criminal judgment on subsequent civil suit; Evidence – distinction between criminal and civil standards of proof; Limitation of actions – postponement of limitation period on discovery of fraud under section 25(o).
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7 July 2023 |
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5 July 2023 |
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A Chief Magistrate may validly reallocate a domestic violence matter for urgent disposal; procedural mistakes by counsel do not automatically vitiate jurisdiction.
Domestic Violence — expedited disposal and 48‑hour expectation; Magistrates Courts Act s.171 — Chief Magistrate’s supervisory reallocation of matters; Civil Procedure Act s.83 — revision for exercise of jurisdiction not vested or material irregularity; Procedural errors by counsel or mediator involvement not necessarily fatal in urgent domestic violence proceedings.
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3 July 2023 |
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A bare complaint of failure to evaluate evidence is an incompetent, fishing‑expedition ground of appeal.
* Civil procedure – Appeals – Grounds of appeal – Requirement under Order 43 r.2 CPR for concise, non‑narrative grounds identifying specific errors.
* Appellate pleading – Failure to evaluate evidence – Allegation that a court failed to evaluate a witness without pointing to specific error constitutes a fishing expedition and is incompetent.
* Precedent – High Court bound to follow Court of Appeal decisions on pleading standards for grounds of appeal.
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3 July 2023 |
| June 2023 |
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Court set aside unlawful eviction, awarded damages against the bailiffs, and restored the applicant’s possession pending appeal.
Execution and eviction — procedural requirements for eviction (Practice Directions 2021 Rule 10; Order 22 r.19 CPR) — validity of eviction notice and affidavit of service — liability of bailiffs for acts in excess of authority — setting aside execution and restoration of possession pending appeal — damages for wrongful execution.
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30 June 2023 |
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Court refused to appoint an unwilling administrator ad litem and dismissed defective-service-affected claims.
* Succession Act s.222 – letters of administration ad litem – limited grants to represent deceased in pending suits where urgency or special circumstances exist; nominee’s consent required.
* Civil Procedure – service of summons (Order 5) – service within 21 days; service out of time without extension is of no legal effect.
* Civil procedure – miscellaneous applications affecting existing suits – parties to main suit must be served and have notice.
* Administrative law – court cannot compel an unwilling person to act as legal representative.
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30 June 2023 |
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Respondents’ criminal conviction and failure to defend established conversion; applicant awarded damages, interest and costs.
* Civil torts — Conversion — Criminal conviction and default judgment as proof of civil liability — Special damages for deprivation of chattel.
* Civil procedure — Default/interlocutory judgment — Failure to file defence raises constructive admission as to liability.
* Damages — Special vs general damages; recoverability of investigative/prosecution costs.
* Remedies — Preservation (freezing) orders require specific evidence of identified assets; execution process for attachment.
* Interest and costs — Court discretion under Civil Procedure Act to award interest; costs follow the event.
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30 June 2023 |
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Whether a purported lease was forged or a valid sale transferred title to the disputed land and appropriate remedies.
* Land law – characterization of transaction: lease alleged but handwriting expert and documentary analysis show purported lease forged; valid sale agreement conveyed Plot 31.
* Evidence – handwriting expert admissibility and weight; court as expert of experts in contested signature cases.
* Land survey and locus evidence – role of independent district surveyor in identifying plot features.
* Trespass – requirement to prove claimant's title and unlawful entry; occupation by purchaser/estate not trespass.
* Civil procedure – counterclaim procedure, service and failure to reply; counterclaim can succeed independently of main suit.
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30 June 2023 |
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Court partly grants review clarifying s.272 Succession Act, refuses to set aside dismissal of bill of costs; costs reserved to main victor.
Civil procedure — review vs appeal — correction of clerical error; Costs — discretion of court under s.27 CPA; Succession Act s.272 — administrators may act in representative capacity (exception for conveyances); Affidavits — falsehoods may render an application incompetent but interpretative assertions may be severable.
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30 June 2023 |
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Appellate court set aside trial judgment and ordered boundary demarcation after purchaser’s admissions obviated proof of title.
* Land law – trespass and possession – effect of admissions in pleadings – s.28 Evidence Act; * Contract/land sale – caveat emptor – purchaser’s duty to ascertain boundaries; * Civil procedure – grounds of appeal – general complaint of failure to evaluate evidence is a fishing expedition; * Remedy – demarcation and boundary report to finally determine kibanja size.
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30 June 2023 |
Juvenile justice – illegal detention – 9 years without trial – violation of child rights – procedural delays – right to fair trial – expeditious justice – discharge & release
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29 June 2023 |
Criminal law—murder—juvenile justice—wrongful detention as adult—prolonged remand: 9 years.—violation of right to fair trial—child in conflict with the law—discharge of juvenile
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29 June 2023 |
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Accused convicted of murder as rider/facilitator of shooter based on eyewitness, police statements and circumstantial evidence.
* Criminal law – Murder – Elements: unlawful death, malice aforethought, participation. * Identification evidence – contradictions between in‑court testimony and earlier police statements; caution in identification. * Common intention (s.19(1)(c) Penal Code) – liability of rider/facilitator. * Circumstantial evidence and post‑offence conduct as proof of involvement. * Sentence – aggravating (use of firearm, victim left dependent children) and mitigating factors considered.
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29 June 2023 |
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21 June 2023 |
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Application for leave to appeal out of time dismissed as appeal had already been dismissed and Court lacked jurisdiction.
Civil procedure — Leave to appeal out of time — COVID-19 delay — Effect of appeal dismissed as incompetent — Finality of judgments and functus officio — Citing wrong law not fatal — Single affidavit sufficient for multiple applicants.
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12 June 2023 |
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Appeal dismissed for failure to serve respondent; court upheld finding of altered sale agreement and trespass.
Civil procedure – service of process – failure to serve hearing notices or comply with substituted service orders renders appeal incompetent and may result in dismissal; Property law – sale agreement alteration – court may infer alteration from handwriting inconsistencies; Evidence – handwriting expert not mandatory; appellate duty to re-evaluate evidence and interfere only where miscarriage of justice occurs.
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12 June 2023 |
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A taxation appeal was dismissed because the applicant served court process late and failed to justify the delay; costs awarded to respondent.
Taxation appeal — service of process — failure to serve within time ordered — extension of time — discretionary relief requires cogent, sworn evidence — dilatory conduct and incomplete bill of costs — appeal incompetent and dismissed with costs.
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12 June 2023 |
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6 June 2023 |
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Pre-amendment advocates' taxation rules apply; Taxing Master’s bill reduced for unsupported or excessive items.
Advocates' costs – Taxation – Applicable regulations are those in force at institution of action; non-retrospectivity of amendments – Review of Taxing Master's discretion limited to errors, misapplication of scales or unsupported items – Instruction fees, drawing of court papers and attendance entries examined and adjusted.
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6 June 2023 |
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Application to strike out late affidavit dismissed; delay attributed to counsel’s error and costs awarded to respondent.
Civil Procedure – Service of process and timelines – Order 12 r3(2) – Affidavit in reply filed out of time where application served on former advocates – mistake of counsel not visited on litigant; Pleadings – Order 6 r8 – requirement for specific replies; Review applications – burden on applicant to prove grounds; Court discretion to dismiss unnecessary interlocutory applications and to award costs.
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6 June 2023 |
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Taxing master properly used pleaded purchase consideration for instruction fees; separate fees require proof of separate instructions.
* Taxation of costs – instruction fees – basis for valuation of subject matter – reliance on pleadings and annexed sale agreements versus post‑trial valuation. * Advocates (Remuneration and Taxation) Regulations – role of disclosed value in pleadings. * Taxing master’s discretion – interference only if wrong principle or manifestly unreasonable. * Multiple plaintiffs – separate instruction fees require proof of separate instructions.
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6 June 2023 |
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Undocumented survey evidence is insufficient; trespass, damages, eviction and costs were upheld on appeal.
* Land law – trespass – reliance on survey evidence – undocumented oral accounts of a survey are unreliable; written survey/report required to establish boundaries.
* Remedies – general damages for trespass – compensation for deprivation of land use; eviction of trespasser without compensation for developments.
* Civil procedure – counterclaim requirement – unpleaded overlap/competing boundary claim cannot be entertained on appeal.
* Costs – award appropriate where litigation is necessitated by defendant’s tort of trespass.
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6 June 2023 |
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6 June 2023 |
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An application to set aside a taxation award filed four years later is time‑barred without leave or extension.
Advocates Act s.62(1) – Appeal against Taxing Officer – 30‑day time limit; Civil Procedure – incorrect citation not fatal; Limitation – delay bars challenge to taxation award.
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2 June 2023 |
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2 June 2023 |
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Court allowed a limited extension to appeal a taxation award and granted a stay, despite an inordinate delay.
Extension of time – discretionary power under Civil Procedure Rules/Advocates Act – sufficiency of explanation for delay (COVID‑19) – stay of execution pending appeal – costs consequences.
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1 June 2023 |
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1 June 2023 |