Supreme Court of Uganda - 1989

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12 judgments

Citation	Judgment date
December 1989
NRA Pte Robert Byaruhanga v Uganda [1989] UGSC 3 (5 December 1989) Criminal law	5 December 1989
November 1989
Lutaya v Gandesha & Another (Civil Application 2 of 1989) [1989] UGSC 9 (14 November 1989)	14 November 1989
The Attorney General v Silver Springs Hotel Limited & 9 Others (Civil Appeal 1 of 1989) [1989] UGSC 10 (7 November 1989)	7 November 1989
August 1989
Somali Democratic Republic v Anoop Sunderial Treon (Civil Appeal 4 of 1988) [1989] UGSC 12 (23 August 1989) Appeal allowed in part: sale held voidable for duress, non-registration did not automatically void contract, mesne-profits award set aside. Property law – contract of sale – effect of non-registration of transfer – unregistered instrument operates as contract inter partes; Registration of Titles Act. Contract law – duress – sale induced by threats to personal safety attributable to Head of State makes contract voidable. Civil procedure – appellate review of evidence – duty to review and reach own conclusion. Remedies – mesne profits – requirement of proof; voidable contract valid until set aside.	23 August 1989
Paul Kayondo and Another v Uganda (Criminal Appeal 1 of 1985) [1989] UGSC 2 (11 August 1989) Whether the firearm constituted a deadly weapon and whether the appellants were properly identified beyond reasonable doubt. Criminal law – Aggravated robbery – Proof of identification – Reliability of eyewitness evidence in surprise ambush – Deadly weapon under s.273(2) – Firearm capability and evidence of firing – Acting in concert – Mandatory death sentence.	11 August 1989
Francis Masaba v Uganda [1989] UGSC 1 (3 August 1989) Criminal law	3 August 1989
July 1989
Joseph Wakhata v Uganda [1989] UGSC 4 (26 July 1989) Evidence Law\|Evaluation of Evidence	26 July 1989
W.W.Mpora & oers v Uganda [1989] UGSC 5 (26 July 1989) Criminal law	26 July 1989
American Express International Banking Corporation v Atulkina (Civil Application 8 of 1986) [1989] UGSC 8 (7 July 1989)	7 July 1989
Hannington Wasswa Semukutu and Company v Onyango and 2 Others (Miscellaneous Application 12 of 1988) [1989] UGSC 6 (7 July 1989)	7 July 1989
John Ruhiga v Elias Rugyera and Others (Civil Appeal 1 of 1988) [1989] UGSC 11 (7 July 1989) Appellate court held no proved conditional agreement for cattle payments; removal from title for fraud requires proof of actual dishonesty. * Land law – allocation and registration – documentary evidence (application, lease offer, certificate of title) may prevail over later oral assertions as to terms of inclusion on title. * Evidence – appellate review of credibility where documentary record conflicts with oral testimony; duty to rehear and weigh evidence but not to disregard trial judge’s advantage in demeanour. * Registration of Titles Act s.184 – rectification/removal of a registered proprietor’s name for fraud requires proof of actual dishonesty, not mere constructive or equitable fraud. * Pleading – fraud should normally be pleaded and particularised; failure to plead and prove fraud defeats rectification/ejectment relief.	7 July 1989
April 1989
Kabatabazi v Muwanga (Civil Appeal 2 of 1988) [1989] UGSC 7 (24 April 1989) Applicant failed to show sufficient cause for extension of time to seek leave to appeal; application dismissed with costs. • Civil procedure – extension of time – burden to show sufficient cause for delay in instituting appeal.• Civil procedure – leave to appeal – procedural requirement to apply by Notice of Motion rather than orally.• Civil procedure – remedy following refusal of leave – appeal to the higher court rather than rehearing by another High Court judge.• Advocacy – impropriety of counsel acting as witness in proceedings.	24 April 1989