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Citation
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Judgment date
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| July 2023 |
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31 July 2023 |
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31 July 2023 |
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31 July 2023 |
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31 July 2023 |
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31 July 2023 |
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31 July 2023 |
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31 July 2023 |
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31 July 2023 |
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A 23‑year‑old who pleaded guilty to murdering and burning a victim sentenced to 30 years, less remand (27y8m).
Criminal law – Murder – aggravating factors: burning and concealment of body; mitigation: youth, first offender, deprived upbringing, guilty plea; sentencing law – Kigula decision; Life imprisonment redefined by 2019 amendment; remand deduction from sentence.
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31 July 2023 |
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Appellate court upheld respondents' registered title, found locus visit unnecessary, and reduced excessive general damages to Ushs 8,000,000.
Land law – locus in quo – visit discretionary, only necessary where in-court evidence cannot resolve factual issues such as boundaries or permanent features. Land law – registered title – section 59 RTA: certificate of title is conclusive evidence of ownership and shifts onus to challenger. Civil appeals – reappraisal of evidence by first appellate court: duty to re-evaluate but allow for not having seen or heard witnesses. Damages – general damages are compensatory; absence of proof of special damages may render an award excessive and subject to reduction.
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28 July 2023 |
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Prosecution failed to prove forgery or uttering; handwriting expert’s inconclusive opinion and acquittal upheld.
Criminal law – Forgery and uttering false documents – burden of proof on prosecution to prove authorship and intent beyond reasonable doubt; expert handwriting evidence inconclusive and not binding. Evidence – Expert opinion may be rejected if not soundly based; appellate duty to re-evaluate entire record.
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28 July 2023 |
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26 July 2023 |
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26 July 2023 |
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21 July 2023 |
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21 July 2023 |
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21 July 2023 |
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Strangulation caused the death, but accused acquitted because participation was not proved beyond reasonable doubt.
Murder — elements: death, unlawfulness, malice aforethought, participation; Forensic evidence — post-mortem ruling strangulation not electrocution; Circumstantial evidence insufficient to establish accused’s participation; Acquittal for failure to prove involvement beyond reasonable doubt.
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19 July 2023 |
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Victim and medical evidence proved aggravated defilement by a person in authority; accused convicted and sentenced.
Criminal law – Aggravated defilement – elements: victim under 14; sexual act (penetration) and offender in authority. Evidence – victim’s testimony corroborated by medical and investigative evidence suffices to prove penetration and culpability. Sentencing – capital offence; balancing aggravating and mitigating factors; deduction for time on remand.
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19 July 2023 |
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17 July 2023 |
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17 July 2023 |
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17 July 2023 |
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17 July 2023 |
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Convicted appellant failed to show exceptional circumstances for bail pending appeal; application dismissed.
Criminal procedure – Bail pending appeal – Appellate court’s discretion under S.40(2) Criminal Procedure Code Act and S.205 Magistrates Courts Act; onus on convicted appellant to show cause. Bail considerations – character; first offender; violence; prospects of success on appeal; likelihood of delay; compliance with prior bail conditions. Seriousness of offence and risk of absconding weigh against bail pending appeal.
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13 July 2023 |
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A convicted appellant failed to show exceptional circumstances; bail pending appeal was refused due to seriousness and risk of absconding.
Criminal procedure – Bail pending appeal – Appellate discretion under s.40(2) CPC and s.205 Magistrates Courts Act; onus on convicted appellant to show exceptional circumstances; factors to consider include character, first-offender status, violence involved, prospects of success, delay, and risk of absconding; seriousness of offence and adequacy of sureties relevant.
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13 July 2023 |
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Convicted appellant failed to show exceptional circumstances for bail pending appeal; application dismissed.
Criminal procedure – Bail pending appeal – convicted appellant bears onus to show exceptional circumstances; factors: character, first offender, violence, prospects of success, delay, compliance with bail; risk of absconding; proof of fixed abode and adequacy of sureties.
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13 July 2023 |
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11 July 2023 |
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Magistrate wrongly dismissed a private complaint for lack of local chief letter and for lack of jurisdiction; rehearing ordered.
Criminal procedure – Private prosecutions – Magistrates' Court Act s.42(3)-(7) – Complaint on oath, consultation with local chief, drawing of formal charge and issuance of summons. Criminal procedure – Timing of criminal summons – summons follow magistrate's prima facie finding and drawing of charges. Jurisdiction – Territorial jurisdiction – identification of City and Division suffices under Magisterial Areas Instrument, 2017. Prosecution control – Director of Public Prosecutions may take over private prosecutions but private prosecutor need not prove DPP inaction before instituting proceedings.
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6 July 2023 |
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Magistrate wrongly dismissed private complaint for lack of local-chief letter and for want of jurisdiction; rehearing ordered under s.42.
Private prosecutions — Magistrates’ Court Act s.42 — requirement to consult local chief rests on magistrate; supporting letter discretionary — issuance of criminal summons only after prima facie finding and charge drawn — territorial jurisdiction determined by City/Division — DPP supervisory powers do not make proof of DPP inaction a prerequisite to private prosecution.
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6 July 2023 |
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4 July 2023 |
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Circumstantial and forensic evidence, including last‑seen doctrine and postmortem findings, sufficed to convict the accused of murder.
Criminal law – Murder – proof of death, unlawfulness and malice aforethought; inference of intent from surrounding circumstances. Circumstantial evidence – last-seen doctrine, scene indicators (struggle, broken sticks), sketch plan and wounds on accused. Evidence – hearsay objection to third‑party report considered but not decisive where confession not alleged and other evidence is compelling.
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4 July 2023 |
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Court allowed prosecution to reopen case to tender omitted DNA and other exhibits as essential to a just decision.
Criminal procedure – reopening prosecution case after close of evidence; Trial on Indictment Act ss.39(1) and 73(1); discretion to recall witnesses; admission of omitted documents and DNA evidence; balancing probative value against prejudice.
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3 July 2023 |
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Revision dismissed — applicant failed to show real prejudice warranting stay of criminal prosecution pending civil suit.
Criminal procedure — stay of criminal proceedings pending civil litigation — application of section 209 Magistrates Court Act; Revision jurisdiction under sections 48 and 50 Criminal Procedure Code Act; test for stay: concurrent suits, same parties, substantially same subject matter, real risk of prejudice; burden on applicant to show real (not speculative) prejudice; public interest in prosecution.
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3 July 2023 |