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Citation
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Judgment date
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| October 2025 |
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Appellate court upheld five-year sentences and compensation but ordered the sentences to run concurrently.
Criminal law — Theft and possession of suspected stolen property — Sentencing: appropriateness of custodial term, concurrent versus consecutive sentences — Magistrates Courts Act s.197(1) — Compensation in criminal proceedings — Appellate review of sentence.
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28 October 2025 |
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Applicant entitled to contract price and proven loan interest and damages for respondent’s non‑payment of completed works.
Contract law – breach of contract – non-payment for completed construction works – entitlement to contract price.* Evidence – burden of proof in civil cases – plaintiff must prove special damages specifically on the balance of probabilities.* Damages – recoverability of loan interest proven by bank demand notice; speculative loss claims disallowed.* Remedies – award of principal, proved special damages, general damages, interest and costs.
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28 October 2025 |
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Appeal dismissed: trial court correctly found respondents acquired title; no adverse possession or limitation barred the claim.
Land law – customary tenure; ownership and custodial possession; adverse possession – exclusivity and timing; limitation – time of institution after custodian’s death; evidential weight of sale agreement executed at locus in quo.
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14 October 2025 |
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Review allowed after new evidence of vehicle ownership; dismissed claim reinstated and set down for hearing.
Civil procedure — Review of judgment — Discovery of new and important evidence after dismissal — Reliance on documentary evidence (letters) to show vehicle ownership; clerical error in application title immaterial; suit reinstated and set down for inter partes hearing; costs in the cause.
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10 October 2025 |
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Appellate court upheld trespass and special/aggravated damages but reduced general damages to respect magistrate’s monetary jurisdiction.
Property law – ownership and trespass; compensation for compulsory taking – requirement of prior fair compensation; Pleading – special damages were pleaded and upheld; Magistrates’ jurisdiction – monetary limits and need to adjust excessive awards; Appeals – appellate re-evaluation of evidence and non-fatal procedural defects (absence of certified record and decree).
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10 October 2025 |
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Appellate court upheld rejection of an unsigned, unauthenticated sale agreement and dismissed the appeal with costs.
Civil procedure – Appeal – compliance with Order 43 rule 1 – memorandum of appeal must be concise and non‑narrative
Evidence – authenticity and admissibility of documents – unsigned/unauthenticated sale agreement and absence of author/witness testimony. Property law – proof of title through sale agreement – corroboration required; vendor’s death prior to alleged sale defeats claim. Appellate review – interference only where misdirection of law or fact or miscarriage of justice
Damages – award of UGX 5,000,000 for unlawful use/inconvenience upheld as fair
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10 October 2025 |
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An alleged inter vivos gift of family land must show clear intent, acceptance and delivery (demarcation/witnesses) to exclude it from the donor's estate.
Property law – Gift inter vivos – Requirements: clear manifestation of intent, acceptance, delivery/surrender of control; demarcation and witnesses important for unregistered family land; failure to prove elements renders alleged gift invalid and land remains part of donor’s estate.
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10 October 2025 |
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Extension of time granted to appeal because the trial court delayed providing certified proceedings.
Civil procedure – Extension of time to appeal – Section 79(2) Civil Procedure Act and Order 43 – Delay in production of certified copies by trial court as sufficient cause – Affidavit defects curable under Article 126(2)(e) – Court-ordered production of records and fixed timelines.
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10 October 2025 |
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An uncle lacks standing under the Law Reform Act to sue for wrongful death as a 'member of the family.'
Law Reform (Miscellaneous Provisions) Act – wrongful death actions – locus standi – who is a 'member of the family' entitled to sue under s.6 – uncles and cousins not envisaged as qualifying claimants – procedural illegality vitiates proceedings.
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7 October 2025 |
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Plaintiffs proved breach of subcontract; awarded unpaid contract sum, general and aggravated damages, interest and costs.
Contract law – existence and proof of subcontract agreements – signed documents and admissions in pleadings as evidence.* Civil procedure – ex parte hearing where defendant absent and failure to cross-examine – unchallenged evidence accepted on balance of probabilities.* Evidence – burden and standard of proof in civil cases; inadequacy of account statements and uncorroborated payment proofs.* Remedies – award of unpaid contract sum, general and aggravated damages, interest at court rate and costs.
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7 October 2025 |
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Appellate court affirms ownership and sale validity; appellants failed to prove vendor lacked authority or that land was clan burial ground.
Land law – ownership disputes – burden of proof in ownership questions (Section 110 Evidence Act) Validity of sale – capacity and authority of vendor – necessity of adducing evidence to displace a written sale agreement Customary/communal claims – clan burial ground assertions must be proved by parties alleging them Awards of general damages – court discretion and restitutio in integrum principle
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7 October 2025 |
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Application to set aside dismissal for non‑service refused for failure to serve and abuse of court process.
Civil Procedure – service of process – Notice of motion to be served within 21 days (Order 5 r.1(2)); extension to be sought within 15 days – failure attracts dismissal without notice (Order 5 r.1(3)); orders, notices and documents served as summons (Order 49 r.2). Reinstatement of dismissed application – sufficient cause required; non‑service under Order 9 r.19(2). Self‑representation – inability to blame counsel for failures. Abuse of process – delay and forum‑shopping
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6 October 2025 |
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An unappealed LC II judgment in a land dispute is final and bars subsequent litigation as res judicata.
Civil procedure — Res judicata — Effect of an unappealed LC II judgment in land disputes — Subsequent proceedings barred. Land law — Jurisdiction — Section 76A Land Act: parish/ward executive committee (LC II) as court of first instance for land disputes
Title — Purchaser from a party defeated in prior LC II proceedings acquires no valid title
Procedure — Duties on retrial: consider res judicata, conduct locus visit and use prior evidence as directed
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6 October 2025 |
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Respondent's preliminary objections to setting aside the default judgment were overruled; applicant may seek to defend.
Civil procedure – setting aside default judgment – Order 36 r.11 – good cause and effective service; Competency of affidavits – advocates/state attorneys may depose for government clients; Preliminary objections – raise pure points of law only; Estoppel and triable issues – validity of contract raising questions of fact cannot be decided as point of law; Doctrine of laches – short delay (nine days) not inordinate.
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3 October 2025 |