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Citation
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Judgment date
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| December 2023 |
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18 December 2023 |
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Failure to file a Summons for Directions does not automatically abate a suit where court directions and case progression have satisfied the rule's purpose.
Civil Procedure – Order XIA Rules 2 & 6 – Summons for Directions – Abatement – purposive and case-by-case application; prior court directions and subsequent case progression can cure non-compliance.
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7 December 2023 |
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A juvenile charged with aggravated defilement may be granted bail where release poses no serious danger and parents provide substantial sureties.
Children Act s.90 and Constitution (Bail Guidelines) – juvenile bail – presumption of innocence – social inquiry report – parental sureties – non-cash recognizance – reporting conditions.
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1 December 2023 |
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Applicant charged with aggravated defilement denied bail for lack of exceptional circumstances and inadequate sureties.
Criminal procedure – Bail – Aggravated defilement – Exceptional circumstances required under Trial on Indictments Act and Bail Guidelines – Judicial discretion to grant bail absent exceptional circumstances – Sufficiency and substantiality of sureties – Flight risk.
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1 December 2023 |
| November 2023 |
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Eviction granted to enforce execution after respondent failed to comply with conditional UGX 45,000,000 stay requirement.
Execution of decrees – conditional stay of execution – non-compliance with deposit condition – execution triggered; abuse of process by filing subsequent appeals after execution commenced; eviction to facilitate execution; court’s discretion under Section 98 Civil Procedure Act and modes of execution under Section 38.
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30 November 2023 |
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Liability for crop damage upheld but quantum reduced because the valuation report was not tendered as evidence.
* Civil procedure – Evidence – Documents marked for identification only – such documents are not admissible evidence until formally produced and exhibited. * Special damages – must be specifically pleaded and proved; valuation reports must be tendered and proved. * Appeal – appellate interference with damages permitted where trial court acted on irrelevant or inadmissible material. * Tort – trespass/damage by cattle – liability established on balance of probabilities.
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30 November 2023 |
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A review application is incompetent where the same party has already lodged a pending appeal against the judgment.
Civil procedure – Review of judgment – Section 82 CPA and Order 46 Rules – Competence of review where appellant has filed notice of appeal – Review survives only if filed before appeal or where non-applicant raises matters not covered by appeal – Strike out for want of jurisdiction.
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30 November 2023 |
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Judicial review application dismissed as time-barred for failing to seek leave or plead exceptions within three months.
Judicial review — Limitation period under Section 36(7) Judicature Act and Rule 5(1) Judicial Review Rules — Applications must be made within three months unless court extends time — Failure to plead exceptions or seek leave renders application time-barred.
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30 November 2023 |
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Plaintiff failed to prove ownership of untitled land; trespass claim dismissed and land declared belonging to the 1st defendant.
* Land law – unregistered land – purchaser’s heightened duty to prove vendor’s title – need for vendor testimony to establish chain of title.
* Possession and trespass – claimant must prove actual or constructive possession to sustain trespass claim.
* Evidence – balance of probabilities; absence of pre-1993 acquisition evidence undermines ownership claim.
* Communal/public land – historic communal use (dip tank) relevant to ownership and possession findings.
* Remedies – dismissal of claim, declaration of defendant’s ownership and permanent injunction; costs ordered each party to bear their own costs.
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30 November 2023 |
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A false averment in an affidavit can be severed and a dismissed suit reinstated if sufficient cause is shown.
* Civil procedure – reinstatement of suit dismissed under Order 5 – discretion to reinstate and factors constituting sufficient cause.
* Affidavits – false averments severable; defective parts may be struck out while leaving curative remainder.
* Courts to adopt liberal approach to curable defects in affidavits to promote substantive justice.
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30 November 2023 |
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Court quantified and enforced university-fee arrears and academic requirements as consequential orders, declining unproven school-fee claims.
* Civil procedure – consequential orders – definition, purpose and test for grant. * Family law – enforcement of parental maintenance orders – quantification of university tuition, academic requirements and arrears. * Evidence – sufficiency of supporting documents and proof of payments in enforcement applications. * Enforcement – payment within fixed time and execution on default.
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30 November 2023 |
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The plaintiffs' representative action was struck out for failing to obtain mandatory court leave under Order 1 rule 8.
* Civil procedure – Representative suit – Order 1 r.8 CPR – mandatory leave to sue on behalf of others – failure to obtain leave renders suit incompetent and incurable.
* Civil procedure – Pleading requirements – necessity to disclose steps taken and to identify persons represented; notice/publication requirements.
* Points of law – may be raised at any stage of proceedings.
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30 November 2023 |
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Court overruled defendant’s preliminary objections, finding pleadings timely, sufficiently particularised and disclosing a cause of action, with costs to plaintiff.
Civil procedure – service of written statement of defence – failure to serve within 15 days; Limitation Act – time when cause of action arises; Defamation – requirement to plead words and particulars; Cause of action – sufficiency of pleadings to disclose arguable claim.
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30 November 2023 |
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Court set aside dismissal for want of prosecution despite absent medical proof, finding director's authority presumed and interests of justice prevailed.
* Civil procedure – reinstatement under Order 9 r.23 – "sufficient cause" to set aside dismissal for want of prosecution; illness as sufficient cause requires evidence.
* Company law – authority to sue – whether a board resolution is mandatory; directors presumed to have authority and may depose affidavits under Order 29 r.1.
* Discretion – court may set aside dismissal in interests of justice despite lack of evidential proof if no prejudice or inordinate delay.
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13 November 2023 |
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Administrator’s death rendered prior letters inoperative; court revoked earlier grant and confirmed the applicants’ grant.
Succession law – Revocation of letters of administration – Section 234 Succession Act – Grant rendered inoperative by administrator’s death – Letters abate on death and cannot be inherited – Validity of subsequent grant of administration.
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13 November 2023 |
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Consequential orders must be sought against the same parties as the original judgment; non-parties cannot be ordered to pay costs.
Civil procedure – Consequential orders; requirements for consequential orders: (i) existing final judgment; (ii) same parties bound by that judgment; (iii) orders sought directly connected to judgment; (iv) application to the court that made the judgment; application against non-parties is improper.
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13 November 2023 |
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Judicial review of a salary reduction dismissed as premature for failure to exhaust Public Service grievance remedies.
* Judicial review – time limit – three months runs from date decision taken/communicated.
* Judicial review – amenability – requirement to exhaust alternative administrative remedies under Rule 7A and Public Service Standing Orders.
* Public service – salary determination – competence of Permanent Secretary and circulars; courts reluctant to substitute administrative salary decisions.
* Exceptions to exhaustion (fundamental rights, failure of natural justice, lack of jurisdiction) are available but not shown to apply.
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13 November 2023 |
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Valid will survives family resolution; testamentary trust terminated but administrators’ grant not revoked; accounts and distribution ordered.
Succession law – validity and effect of a will vs family resolution; testamentary trust termination by beneficiaries; administrators’ duty to exhibit inventory and account within six months; willfulness standard for annulment of grant; material accuracy of inventory; equitable modification/termination of testamentary trust.
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13 November 2023 |
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Whether the respondent is a spouse entitled to an intestate share and the child's paternity should be determined by DNA.
Succession law – intestate succession – spouse definition – church marriage – entitlement to intestate share; Section 30 Succession Act – separation and disqualification – temporal/permanent separation; Proof of paternity – DNA testing to determine beneficiary status; Burden of proof – balance of probabilities.
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13 November 2023 |
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13 November 2023 |
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Plaintiffs failed to prove the land was part of the intestate estate; claims for cancellation and damages dismissed.
Succession law – Whether property forms part of an intestate estate; requirement that letters' petition list estate properties; burden of proof on claimant; failure to prove ownership defeats claims for cancellation of title and related remedies.
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13 November 2023 |
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6 November 2023 |
| October 2023 |
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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.
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23 October 2023 |
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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.
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23 October 2023 |
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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.
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23 October 2023 |
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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.
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23 October 2023 |
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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).
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18 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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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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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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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 |
| May 2023 |
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The respondent convicted of aggravated defilement on child, medical and corroborative evidence; sentenced to 20 years (remand credited).
Criminal law – Aggravated defilement: elements (age, sexual act, identity); child witness corroboration (Evidence Act ss 155,156) and practice warnings; medical evidence and distressed condition as corroboration; credibility of alibi; sentencing under Sentencing Guidelines and remand credit.
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12 May 2023 |
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Accused convicted of rape based on circumstantial evidence of drugging-induced unconsciousness; sentenced with remand credit.
• Criminal law – Rape: elements (sexual act, lack of consent, identity of perpetrator) • Consent: drugging/unconsciousness negates voluntary consent • Corroboration: immediate reporting and accused's conduct can corroborate complainant's testimony • Circumstantial evidence: permissible to convict where alternative hypotheses excluded • Sentencing: application of sentencing guidelines for capital offences and remand credit
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12 May 2023 |
| January 2023 |
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31 January 2023 |