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Citation
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Judgment date
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| December 1992 |
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21 December 1992 |
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The appellant's murder and kidnapping convictions were quashed due to unsafe identification and evidential failings after a long delay.
* Criminal law – Alternative charging – murder and kidnapping with intent – where murder may be the culmination of a kidnapping; charging in the alternative appropriate where doubt exists.
* Evidence – Proof of death – medical evidence not always necessary but circumstantial proof must be cogent and beyond reasonable doubt.
* Identification – necessity of contemporaneous reports/descriptions, calling of initial reporters and proper directions to assessors; long delay increases risk of mistaken identity.
* Procedure – absence of defence counsel during summing-up to assessors noted but not determinative where convictions are unsafe.
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18 December 1992 |
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8 December 1992 |
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1 December 1992 |
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1 December 1992 |
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1 December 1992 |
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1 December 1992 |
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1 December 1992 |
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Murder conviction quashed for insufficient medical proof; identification evidence upheld, affirming aggravated robbery convictions and death sentences.
Criminal law – murder – insufficiency of medical evidence to prove causation; Identification evidence – recognition by witnesses who knew accused before incident – opportunity, distance and lighting; Delay and absence of identification parade – effect on reliability; Aggravated robbery – convictions upheld on strong identification and corroboration; Evidence – caution on preliminary hearings (S.64/S.65) and admissibility of statements of dead/absent witnesses.
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1 December 1992 |
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1 December 1992 |
| September 1992 |
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Leave to appeal granted despite a one-day delay due to an advocate's error, showing sufficient reason for extension.
Civil procedure - discretion to extend time - late filing of appeal - omission in record of appeal - sufficient reason for delay.
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21 September 1992 |
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Court grants extension for appeal filing due to minor procedural error promptly corrected.
Civil Procedure – Extension of time – Justification for late filing – Minor procedural errors and immediate rectification
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21 September 1992 |
| July 1992 |
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Attempted murder conviction upheld; sentence reduced from eight to six years for excessiveness and remand time.
Criminal law – Attempted murder – proof of malice aforethought – use of a dangerous weapon (panga) – credibility of eyewitnesses – appellate review of sentence – reduction for excessiveness and time on remand.
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9 July 1992 |
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1 July 1992 |
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Res ipsa loquitur applies when a fire originates on defendant's premises; the Fire Prevention (Metropolis) Act 1774 is inapplicable in Uganda.
Civil liability for fire; applicability of historical statutes—Fire Prevention (Metropolis) Act 1774 not applicable in Uganda; res ipsa loquitur in fire cases; burden shifts to defendant to rebut presumption of negligence; factual sufficiency of evidence to locate fire origin; damages upheld.
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1 July 1992 |
| June 1992 |
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Consent hearing date and counsel’s forgetfulness do not ordinarily constitute sufficient cause to set aside an ex parte decree.
Civil procedure – Setting aside ex parte decree – Order 9 Rule 24 – "sufficient cause" – consent hearing dates – requirement (or not) of separate hearing notice – failure of counsel’s forgetfulness not sufficient cause.
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30 June 1992 |
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30 June 1992 |
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Section 74 construed as permitting appeals to this Court; jurisdictional objection to a third appeal overruled, costs to applicants.
Civil procedure – Appeal – Whether section 74 Civil Procedure Act permits a third appeal to this Court – Interpretation of marginal notes and foreign authority (Sanga v. Baya) – Power to stay execution under Rules of Court where notice of appeal lodged.
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30 June 1992 |
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30 June 1992 |
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Court held conversion damages assessed at date of conversion; adjusted order on costs due to procedural errors.
Tort – Conversion – Measure of damages – Valuation date in conversion cases – Liability of joint defendants – Assessment of costs
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30 June 1992 |
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25 June 1992 |
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Whether a trial Judge must call a witness deemed essential under s.37 and whether the prosecution disproved the appellant’s alibi.
• Criminal procedure – Section 37 (Trial on Indictments Decree) – duty to call witness deemed essential; limits on judicial power to call witnesses after close of case.
• Alibi – burden remains on prosecution to disprove alibi beyond reasonable doubt; best evidence principle and need to call hospital/hotel records.
• Evidence – assessment of contradictions and prior inconsistent statements in eyewitness testimony and effect on credibility.
• Trial fairness – summing-up to assessors, potential judicial bias and prosecutors’ failure to produce primary records.
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22 June 1992 |
| May 1992 |
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Government liable for employees’ continued occupation after lease end; statutory protection (s.15) can be impliedly waived.
Government Proceedings Act s.15 – limitation on proprietary relief against Government; vicarious liability – Government/Ministry liable for employees who hold over after lease termination; implied waiver of statutory protection where one arm of Government frustrates another; mesne profits assessed on contractual rent absent market evidence; ex parte default judgment and attribution of occupation to Government.
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21 May 1992 |
| March 1992 |
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21 March 1992 |
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21 March 1992 |
| February 1992 |
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26 February 1992 |
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26 February 1992 |
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26 February 1992 |
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Appeal dismissed: sentence upheld after court found mitigating factors considered and sentence not manifestly excessive.
Criminal law – sentencing – consideration of mitigating factors (guilty plea, remand time, first‑offender status, family responsibilities) – manifestly excessive standard; Criminal law – intoxication as potential negation of malice; Firearms offences – misuse of a weapon entrusted for public protection; Sentencing – limits on reliance upon presumed regional public opinion.
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26 February 1992 |
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20 February 1992 |
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20 February 1992 |
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Applicant failed to prove fraud; Supreme Court declines to set aside its judgment and dismisses application with costs.
Supreme Court inherent jurisdiction – Rule 1(3) – fraud vitiating judgment – limits of appellate review versus High Court review – new trial versus fresh proceedings to set aside judgment.
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3 February 1992 |
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3 February 1992 |
| January 1992 |
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Appellant’s attempted rape conviction upheld on identification; sentence reduced for youth and trial delay.
Criminal law – Attempted rape – Identification evidence – reliability where complainant and independent witness knew accused and lived nearby; Defence – failure to plead alibi or consent at trial limits appellate reliance; Sentence – mitigation for youth and trial delay; reduction of excessive sentence.
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1 January 1992 |
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Police officer's excessive use of a firearm in arrest amounted to manslaughter; 10‑year sentence upheld.
Criminal law – Manslaughter v murder; Use of force by police – firearms as last resort; Credibility findings of trial court; Sentence review – manifestly excessive test.
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1 January 1992 |
