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Citation
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Judgment date
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| November 1995 |
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Criminal law
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28 November 1995 |
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28 November 1995 |
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Criminal law|Evidence Law|Witness Testimony
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28 November 1995 |
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18 November 1995 |
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Taxation law
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17 November 1995 |
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Criminal law
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17 November 1995 |
| September 1995 |
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Criminal law
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13 September 1995 |
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Criminal law
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13 September 1995 |
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Unauthorised unsecured overdrafts causing unrecoverable debts constituted financial loss and abuse of office; compensation order corrected to Shs.84m.
Criminal law – causing financial loss (s258 Penal Code) – meaning of "loss" includes amounts unrecoverable after diligent recovery efforts; knowledge proved by admissions and concealment of records. Banking law – Banking Act does not immunise individual employees from penal liability for disobeying bank instructions. Public officers – abuse of office (s83) established by granting unauthorised unsecured advances prejudicial to employer
Sentencing/procedure – mandatory compensation under s259; appellate correction of unspecified compensatory order under s337(2)
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13 September 1995 |
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Contract Law|Breach of Contract|Remedies For Breach of Contract
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13 September 1995 |
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Appellant proved a fraudulent, forged transfer; registration in respondent's name declared null and void.
Land registration — Alleged fraudulent transfer and forgery of signatures — Appellant absent from jurisdiction during transfer — Handwriting expert evidence — Irregular registry/consent entries — Appellate review of trial judge's evaluation of evidence — Burden and proof of fraud in civil proceedings.
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8 September 1995 |
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Property Law|Land|Title to real property
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8 September 1995 |
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Contract Law|Breach of Contract
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5 September 1995 |
| August 1995 |
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Application for extension of time to appeal refused due to unexplained delay, lack of diligence and insufficient reasons.
Civil procedure – Extension of time – Application under Rule 4/Order 4 – requirement to show sufficient reason and diligence. Counsel’s negligence – relevance to extension applications; repeated defaults and applicant’s own delay weaken excuse. Necessity for applicant to state nature of judgment and reasons for appeal to enable court to assess potential injustice
Delay – longstanding delay and unexplained lapses justify refusal of extension
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18 August 1995 |
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9 August 1995 |
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Notice of appeal struck out where respondent failed to lodge record/memorandum and did not comply with procedural requirements.
Appeal procedure — compliance with Rules 81(1) and (2) — requirement to lodge memorandum and record of appeal within time — duty of intending appellant to request record and obtain registrar's certificate — Registrar not required to act on own motion — inability to pay fees and reliance on Rule 4/Article 126(2)(e) not an automatic excuse for delay — striking out notice of appeal.
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4 August 1995 |
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Court grants stay of execution pending appeal due to potential substantial financial losses to the applicant.
Civil procedure – stay of execution – appeal likelihood – security for costs – substantial financial loss.
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1 August 1995 |
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Court grants stay of execution pending appeal upon fulfilling conditions like potential substantial loss and security for costs.
Stay of execution pending appeal – Civil Procedure Rules – Conditions for substantial loss, reasonable delay, and security for costs.
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1 August 1995 |
| July 1995 |
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Criminal law
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28 July 1995 |
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28 July 1995 |
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Criminal law|Evidence Law
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28 July 1995 |
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Civil Remedies|Damages|Quantum of Damages
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25 July 1995 |
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19 July 1995 |
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19 July 1995 |
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Whether a taxing officer may base an instruction fee on aggregated present-day property value including third‑party developments.
Civil procedure – taxation of costs – instruction fee – whether instruction fee may be based on aggregate present-day value including post-takeover developments; Rule 109 reference – scope and grounds; Expropriated Properties Act – effect of appellate declaration on proprietary rights for taxation purposes; manifest excess or inadequacy of taxed costs.
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6 July 1995 |
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Instruction fee cannot be based on present-day value including third-party developments where appeal decided a point of law.
Civil procedure – taxation of costs – instruction fee – Rule 109 – valuation of subject matter – present-day value vs. amount involved – Expropriated Properties Act 1982 – declaratory relief does not necessarily confer proprietary title.
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6 July 1995 |
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Taxing officer misdirected by using aggregate property value for instruction fee; single judge rightly reduced the fee.
Practice and procedure — Taxation of costs — Rule 109 reference — Whether taxing officer may base instruction fee on aggregate property value including developments/third-party interests not before court — Taxing officer misdirection — Factors for fixing instruction fee (complexity, public importance, responsibility).
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6 July 1995 |
| June 1995 |
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Eyewitness identification upheld, malice and capital robbery proven; appellants' alibis and accident defence rejected; appeals dismissed.
Criminal law – Identification evidence – eyewitness reliability under illumination and prolonged observation; alibi – rejection where identification is unmistaken; malice aforethought – inference from use of a lethal weapon; capital robbery – taking property after causing death; delay in reporting – excused by lack of effective government; rehearse/framing allegations – rejected.
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29 June 1995 |
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Unsworn child evidence requires statutory corroboration; conviction upheld on accused’s admissions, sentence reduced for youth.
Criminal law – Evidence of child witnesses – Section 38(3) Trial on Indictments Decree requires corroboration of unsworn child evidence given for the prosecution; unsworn defence admissions can amount to corroboration; distress alone insufficient as statutory corroboration
Sentencing – youth, first offender status and remand period relevant to proportionality
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28 June 1995 |
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Civil Procedure|Appeals and reviews
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21 June 1995 |
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Pre‑incorporation debenture void as to non‑existent subsidiary; parent liable, but bank’s direct seizure without receiver was unlawful.
Company law – pre‑incorporation contracts – promoter liability; lifting corporate veil where parent dominates subsidiary; debenture construction – realisation by receiver not distress; unlawful seizure of charged movables; civil procedure – objection to attachment in execution requires court decree.
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21 June 1995 |
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21 June 1995 |
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21 June 1995 |
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Employer must obtain Ministerial consent for foreign-currency pay; courts may award local-currency equivalent and remit general damages.
Exchange Control Act s.5 – foreign-currency payments – employer’s duty to obtain Ministerial consent; Courts may award foreign currency or local-currency equivalent; remittal for assessment of general damages; interest and conversion date specified.
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21 June 1995 |
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16 June 1995 |
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16 June 1995 |
| May 1995 |
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19 May 1995 |
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Applicant failed to show sufficient reason to extend time to file a notice of appeal; application dismissed with costs.
Civil procedure – extension of time – application under Rule 4/Order 48 to file notice of appeal out of time – requirement to show sufficient reason; advocate’s oversight as possible but not automatic justification; likelihood of success not itself sufficient.
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11 May 1995 |
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Regulation 8 does not automatically invalidate affidavits by counsel; striking-out was wrongful and matters remitted for rehearing.
Advocates — Professional Conduct — Regulation 8 — Advocate acting as counsel and witness — formal/non-contentious exception — remedial approach when roles overlap. Civil procedure — Taxation of costs (Appeals and References) Rules — Rule 3 affidavits setting out grounds of appeal — interaction with Regulation 8
Evidence — Admissibility of affidavits sworn by counsel — record of proceedings as primary source — appropriate remedy is role separation or calling other evidence, not automatic striking out
Procedure — Remittal for rehearing where High Court wrongly struck out appeal and motion
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9 May 1995 |
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Conviction upheld on one treasonous overt act; key witness was a government spy and overt act 19 was not proved.
Criminal law – Treason – Proof of overt acts – Need to prove accused’s words or acts at meetings discussing overthrow, not merely attendance or subsequent conduct
Evidence – Agent provocateur/government spy – such a witness is not an accomplice and need not be corroborated
Evidence – Admissibility – trial within a trial under section 80(2) valid where admissibility of a challenged statement is in issue. Documentary evidence – Exhibits P.24 and P.25 found to be treasonable and attributable to the accused
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5 May 1995 |
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5 May 1995 |
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Criminal law
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5 May 1995 |
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Possession of recently stolen items and connected circumstantial evidence justified inference of participation in aggravated robbery; appeals dismissed.
Criminal law – Aggravated robbery – Sufficiency of evidence – Recent possession of stolen property and circumstantial facts may support inference of participation in robbery. Criminal law – Alibi – Credibility of alibi assessed against immediate post-offence conduct and recovered property. Criminal law – Receiving/retaining stolen property – Where possession is closely connected in time and circumstances to the theft, conviction for the theft/robbery may be justified
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5 May 1995 |
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Section 35 applications, not fresh suits, are the proper route to challenge wrongful or excessive execution; decree‑holders must be joined where they directed attachment.
Civil procedure — Execution — Section 35, Civil Procedure Act — Application under section 35 appropriate to challenge wrongful/excessive execution and to obtain relief without a fresh suit; section 35(2) permits treating proceedings as a suit
Joinder — Decree‑holder who initiates execution and points out property is a proper party to execution proceedings; Court Bailiff may in some cases be sued separately. Appellate procedure — Service of notice of appeal on persons directly affected is mandatory in principle
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3 May 1995 |
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3 May 1995 |
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Applicants working abroad with a permanent Ugandan home qualify as residents for adoption; child’s welfare paramount.
Adoption law – Interpretation of "resident" in s.4(5) Adoption of Children Act – constructive/dual residence – purposive construction – best interests of the child paramount.
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3 May 1995 |
| April 1995 |
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12 April 1995 |
| March 1995 |
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14 March 1995 |
| February 1995 |
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Foreign-resident plaintiff must show fixed, reachable assets in jurisdiction to avoid security-for-costs order.
Civil procedure – security for costs under Order 23 r.1 – plaintiff resident abroad must show substantial fixed assets within jurisdiction – speculative or unadministered estate interests insufficient; merits of suit and prospects relevant; security order not oppressive where reasoning supports discretion; Foreign Judgments (Reciprocal Enforcement) Act requires statutory designation of countries.
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3 February 1995 |
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Criminal law
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1 February 1995 |
