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Citation
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Judgment date
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| December 2023 |
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An interim stay of execution pending review was granted to protect occupants from imminent eviction under a consent judgment.
Land law — Consent judgment — Representative suit — Review and setting aside of consent orders — Interim stay of execution — High Court inherent powers (s.98 Civil Procedure Act) — Preservation of status quo to prevent rendering substantive application nugatory.
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22 December 2023 |
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The appeal succeeded because the respondent's claim for recovery of land was time-barred and the trial magistrate erred.
• Limitation Act (Sections 5 & 11) – accrual of action to recover land – distinction between recovery of land and continuous trespass.
• Possession and adverse possession – proof of actual possession and intention to exclude others; effect of shifting/vacation on title disputes.
• Appellate review – re-appraisal of factual findings and credibility where trial findings overlook material features.
• Allegation of judicial bias – requires proof; omission to reference every piece of evidence is not necessarily bias.
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22 December 2023 |
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Appellants failed to prove title; customary occupation and lack of purchaser due diligence sustained ownership and dismissal of appeal.
Land law – customary tenure – ownership determined by long-term occupation and conduct (lease/freehold applications). Evidence – burden of proof and evaluation on a balance of probabilities in unregistered land disputes. Purchaser’s duty – due diligence required for purchases of unregistered land; bona fide purchaser protection limited to registered interests. Appellate review – first appellate court must re-evaluate evidence though may give due weight to trial findings.
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22 December 2023 |
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Purchaser held in contempt only for breaching consent judgment’s rental and maintenance terms, not for ownership or title.
Contempt of court – consent judgment – existence and survival of consent order after death – requirement of knowledge and non‑compliance – scope of consent judgment confined to rental income and maintenance, not ownership or title – service of process and computation of time (24 December–15 January exclusion) – remedies: fine, compensation, default imprisonment, costs.
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22 December 2023 |
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Failure to plead fraud/connivance prevents a new cause of action; bringing buyers is not trespass; counsel’s drafting binds client.
Civil procedure – Pleadings – parties bound by their pleadings; O.6 r 7 CPR prohibits raising new grounds without amendment. Property law – Trespass – unauthorized entry required; bringing buyers/connivance does not automatically constitute trespass. Costs – Client bound by counsel’s pleadings; remedy for negligent drafting is professional negligence action.
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22 December 2023 |
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Adverse possession can defeat a registered title where the purchaser failed physical due diligence and the possessor occupied for 12 years.
Appeal procedure — service of memorandum of appeal — service mandatory but court may hear where respondent aware and not prejudiced; Land law — purchaser's duty of due diligence requires registry search plus physical inspection and survey; Adverse possession — Limitation Act 12-year prescription can extinguish registered title; Registration of Titles Act — indefeasibility subject to fraud and loss by adverse possession.
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22 December 2023 |
| October 2023 |
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Court granted temporary injunction restraining administrator from dealing with estate pending main suit, overruling affidavit-authority objection.
Civil procedure – preliminary objection – affidavit by one applicant for many – deponent’s personal knowledge suffices; written authority not required. Civil procedure – interlocutory relief – Order 41 r.1(a) – temporary injunction: prima facie case, irreparable injury, balance of convenience. Succession law – letters of administration – allegations of fraud, failure to file inventory and unlawful disposition of estate property may justify preservation orders.
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27 October 2023 |
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Application to dismiss appeal for non-payment of security dismissed after respondents proved deposit; withdrawal allowed with no costs.
Civil procedure – Withdrawal/discontinuance of proceedings – Order 25 r.1(1)-(3) and r.7 – leave to withdraw by court’s discretion – requirement of chamber summons – mootness where payment of court-ordered security is proved – proof of payment (receipts, EFT) suffices to defeat dismissal for non-payment.
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27 October 2023 |
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Leave granted to amend plaint to add estate distribution relief; amendment not a new cause of action and causes no prejudice.
Civil procedure – Amendment of pleadings under Order 6 r19 and Section 98 – Whether an amendment introducing a relief for distribution of an estate constitutes a new cause of action; prejudice to the other party; avoiding multiplicity of proceedings.
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27 October 2023 |
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Revocation application dismissed because applicants failed to prove a co‑administrator's death and meet Section 234 requirements.
Succession law – Revocation of letters of administration – Section 234(2)(d) (inoperative or useless grant) – Burden of proof under Evidence Act s.101 – Requirement to prove death of co‑administrator – Mis‑pleading not fatal where court may consider correct provision in interests of justice.
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27 October 2023 |
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Consent judgment in a representative suit was set aside for failure to comply with mandatory representative‑suit procedures.
Civil Procedure – Representative actions – Order 1 rule 8 – mandatory requirements (written authorizations, list of persons, notice/advertisement, court verification) – non‑compliance renders suit irregular/incompetent. Consent judgments – vitiation where procured by illegality, ignorance of material facts, fraud or collusion. Execution – party seeking to rely on execution must prove proper and complete execution; incomplete compensation documents may not establish execution. Remedies – setting aside consent judgment, injunction against eviction, costs awarded.
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27 October 2023 |
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Ex parte judgment set aside because corporate defendant was not properly served; receptionist was not an authorised agent.
Civil procedure — setting aside ex parte judgment — O.9 r 27 CPR; service on corporations — O.29 r 2 and O.5 r 1 CPR — service must be on company secretary, director or principal officer; receptionist or unnamed recipient at reception not necessarily authorised agent; defective return of service invalidates ex parte decree.
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27 October 2023 |
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Appeal allowed: land is communal clan property; trial court erred and eviction/injunction set aside.
Land law – customary/clan land – determination of individual versus communal ownership; burden of proof under the Evidence Act. Civil procedure – locus in quo – admissibility of evidence and Practice Direction No.1 of 2007; witnesses at locus must testify in open court and be subject to oath and cross-examination. Evidence – improperly admitted locus evidence may be disregarded where sufficient independent evidence supports the result. Remedies – eviction, injunction and demolition orders require proven title and proper procedure.
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27 October 2023 |
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Beneficiaries may be joined to litigation affecting an estate to protect their interests despite an existing administrator.
Civil procedure – Joinder of parties (Order 1 r.13) – Beneficiaries' locus standi to sue or be joined in proceedings affecting an estate despite existence of administrator – Avoidance of multiplicity of suits – Discretionary addition of parties.
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27 October 2023 |
| March 2023 |
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Handwriting expert evidence established a forged will, leading to invalidation, intestacy and an injunction on enforcement.
Testamentary law – validity of wills – forgery – handwriting expert evidence corroborating anomalies; will declared void; intestacy; injunction against enforcement; Originating Summons inappropriate where oral evidence required; letters of administration ordered; no damages awarded; no costs.
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31 March 2023 |
| September 2021 |
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10 September 2021 |
| August 2019 |
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Sole witness identification found reliable, supporting convictions for murder, aggravated robbery and attempted murder.
Criminal law – murder; aggravated robbery; attempted murder – identification by sole witness; Abdala Nabulere test for identification; post‑mortem and PF3 evidence; rejection of alibi; conviction on all counts.
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16 August 2019 |
| April 2019 |
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25 April 2019 |
| February 2017 |
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Guardianship application dismissed for failure to meet mandatory residence, clearance and probation/specialist recommendation requirements.
Children — Guardianship — Welfare of the child paramount; Guardianship requirements under Children (Amendment) Act 2016 ss.43A, 43F — continuous residence, criminal record clearance, and probation/social welfare recommendation mandatory; foreign‑based applicant’s financial support insufficient; application dismissed.
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28 February 2017 |
| March 2016 |
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The appeal succeeded as the High Court found deficiencies in the original judgment's reliance on evidence and procedure.
Land law – customary land ownership – evaluation of evidence – hearsay evidence – certificate of ownership – balance of probabilities.
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23 March 2016 |
| January 2016 |
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28 January 2016 |
| December 2012 |
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The appeal challenging alleged tribunal bias and procedural violations was dismissed due to lack of evidence.
Land law – Appeal against tribunal decision – Allegations of bias – Procedural irregularities in counterclaims – Adequate hearing and jurisdiction.
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12 December 2012 |
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Court dismisses land dispute, confirming defendant's valid ownership title with no encroachment on plaintiff's land.
Property Law – Land ownership – Boundary disputes – Validity of land titles and lawful acquisition.
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4 December 2012 |
| November 2012 |
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The court allowed an application to proceed to a full hearing of a land dispute despite affidavit inconsistencies.
Civil procedure – application to set aside/vary – inconsistencies in affidavit – full hearing of land dispute – unfounded counsel misconduct allegations – no order as to costs.
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26 November 2012 |
| June 2012 |
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A preliminary objection challenging the timeliness of a judicial review application was overruled as the application was filed within three months of the operative decision.
Judicial review – preliminary objection – time limits – determination of date when cause of action arises – proper interpretation of Rule 5, Judicature (Judicial Review) Rules, 2009.
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6 June 2012 |
| September 1994 |
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Prosecution proved defilement of a 15‑year‑old by the accused; medical and eyewitness evidence corroborated conviction and 12‑year sentence.
Criminal law – Defilement (s.123(1) Penal Code) – Elements: penetration, complainant under 18, identity of accused; corroboration by medical evidence; evaluation of minor inconsistencies; direct and circumstantial evidence; burden of proof beyond reasonable doubt.
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30 September 1994 |
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Court finds accused guilty of defiling his daughter, emphasizing integrity of witness evidence and societal protection.
Criminal law – Defilement – Identification of perpetrator – Corroboration of child witness evidence – Sentencing in sexual offences.
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23 September 1994 |
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22 September 1994 |
| December 1993 |
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Whether close-range identification and recent possession overcame missing witnesses and investigative lapses to prove capital robbery.
Criminal law – Capital robbery – identification by a single witness observed at close range – reliability despite absence of formal parade and public exposure. Evidence – recent possession of stolen property – recovery of victim’s clothes and iron shortly after the robbery supports inference of guilt. Evidence – effect of missing/uncalled witnesses and investigative shortcomings – adverse but not necessarily fatal where overall evidence is cogent. Defence – alibi and alleged torture – accused bears no burden to prove alibi; such claims must be assessed against entire evidence.
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8 December 1993 |