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Citation
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Judgment date
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| November 1996 |
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Procedural irregularities in trial do not vitiate a conviction where no injustice is shown, but corporal punishment is no longer lawful for defilement.
Criminal procedure – Summing up to assessors – Mandatory recording – Lack of record and effect on appeal – Admissibility of medical evidence – Confession to local official – Corroboration in sexual offences – Sentencing – Legality of corporal punishment under amended Penal Code.
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28 November 1996 |
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Extension of time granted to file notice due to counsel's oversight, ensuring fairness and justice.
Civil procedure – extension of time – failure to file notice due to counsel's oversight – fairness and justice in procedural errors
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15 November 1996 |
| October 1996 |
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Possession can pass under a sale agreement despite unpaid balance; vendor's delay and part-payment can waive time-as-essential.
Sale of land — written agreement providing possession date and transfer on completion — distinction between passing of possession and transfer of title; clauses excluding vendor's lien; waiver of time as essence by part payment and prolonged negotiation; specific performance; setting aside unsupported general damages.
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31 October 1996 |
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Possession under a sale agreement passed as contracted despite incomplete payment; vendor’s waiver prevented rescission; unsupported general damages set aside.
Contract – sale of land – construction of clause conferring possession; vendor’s lien; waiver of time for completion by conduct; specific performance; award of unsupported general damages set aside.
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31 October 1996 |
Contract Law|Contractual clauses
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30 October 1996 |
| September 1996 |
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27 September 1996 |
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Heir’s possession and subsequent letters of administration supported land recovery where title registration showed fraud and notice.
* Succession law – locus standi – heir’s right to sue and effect of letters of administration relating back; * Land law – bona fide purchaser for value without notice – constructive/actual notice from prior occupation and live dispute; * Registration of titles – effect of document irregularities and posthumous registration; * Evidence – assessment of documentary authenticity and witness credibility; * Limitation – land dispute not time-barred where occupation and dispute persisted.
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27 September 1996 |
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Civil Procedure|Notice of Appeal
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26 September 1996 |
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20 September 1996 |
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13 September 1996 |
| August 1996 |
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Application to set aside arbitral award barred by res judicata; arbitrator lawfully extended time to make award.
* Arbitration law — extension of time to make award — Paragraph 3, First Schedule to Arbitration Act; incorporation by section 4 of the Act. * Civil procedure — res judicata — Section 7 Civil Procedure Act — later application barred where issues substantially the same as earlier decided application. * Procedural illegality — allegation must be raised in earlier proceedings when available.
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16 August 1996 |
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An application repeating a prior challenge to an arbitration award is barred by res judicata; arbitrators may lawfully extend award time under the Act.
* Civil procedure – res judicata – subsequent application raising issues that could have been raised in earlier proceeding barred where matter was directly and substantially in issue previously. * Arbitration law – Arbitration Act s.4 and First Schedule para.3 – implied terms in submissions permit arbitrator, by writing, to enlarge time for making award. * Jurisdiction – extension of time by arbitrator under First Schedule not a jurisdictional defect; no illegality in award for time extensions.
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16 August 1996 |
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15 August 1996 |
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Civil Procedure
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15 August 1996 |
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A non‑party cannot review a consent judgment unless he is an aggrieved person with locus standi.
Civil procedure – Review of consent judgments – Locus standi of third parties – "Aggrieved person" requirement under Order 42 r.1(b) CPR and ss.83 & 101 CPA; Consent judgments – grounds for setting aside (fraud, collusion, mistake of fact or law) – burden to plead/prove; Letters of administration – effect on standing to sue; Re-entry and proprietary rights under lease not affected by consent between other parties.
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15 August 1996 |
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A later application to set aside an arbitration award was barred by res judicata; the arbitrator lawfully extended time to award.
* Civil procedure – res judicata – subsequent application to set aside arbitration award barred where same matter was heard and finally decided earlier.
* Arbitration – jurisdiction – power of arbitrator to enlarge time for making award – Paragraph 3, First Schedule implied by Section 4 of the Arbitration Act.
* Procedure – failure to raise alleged illegality in earlier proceedings precludes re‑raising same issue in subsequent like proceedings.
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15 August 1996 |
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9 August 1996 |
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9 August 1996 |
| July 1996 |
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Civil Remedies|General Damages|Quantum of Damages|Breach of Contract
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29 July 1996 |
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29 July 1996 |
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Interlocutory default barred respondents from participating in formal proof; breach and conversion of specified coffee and stores proven, loss of profit not proved.
Civil procedure — interlocutory judgment for plaintiff where defendant defaults — whether defendant’s counsel may later participate in formal proof hearing and cross‑examine — prejudice to plaintiff. Contract and tort — breach of contract and conversion of goods — proof of special damages and requirement to prove loss of profit on balance of probabilities. Damages — distinction between special and general damages; proof required for special damages.
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27 July 1996 |
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Consent judgments affecting third parties must be set aside or varied and affected parties joined for full adjudication rather than decided on review.
Civil procedure – Consent judgments – Setting aside or variation under Order 9 r.9; Review jurisdiction – limits as to third parties and necessity of sufficient evidence; Locus standi – ‘person considering himself aggrieved’ may include third parties with direct proprietary interest; Joinder of necessary parties under O.1 r.10(2); Expropriated Properties Act 1982 – nullification of pre‑Act transactions requires full adjudication.
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24 July 1996 |
| June 1996 |
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Civil Procedure|Dismissal of Application
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29 June 1996 |
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Whether the appellant was the contracting party for purchased goods and the appropriate rate of interest on the judgment.
Contract — Sale of goods — Whether appellant or agent contracted to pay — Documentary evidence and oral testimony supporting existence of contract and delivery to carrier — Appellate review of factual findings; Interest on foreign-currency judgment — discretion to fix reasonable rate; substituted 5% p.a. from commencement of suit.
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19 June 1996 |
| May 1996 |
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Civil Procedure|Company Law|Liquidation, insolvency and winding up
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17 May 1996 |
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Appointment of receivers and sale of charged land upheld; registered title protected absent fraud; suits dismissed with costs.
Security/receivership — validity of appointment under debenture; written requirement satisfied by meeting plus later correspondence; sale by receiver; Registration of Titles Act — registered proprietor protected absent fraud; limitation — contractual claim time‑barred; estoppel by conduct; receiver is agent of mortgagor, not debenture holder.
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17 May 1996 |
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Whether an unwitnessed photocopied customary will validly nominated a successor and who qualifies under royal succession rules.
Evidence — Secondary evidence — Photocopy of alleged will admissible where original proved lost after diligent search and copy shown genuine; Wills — Customary wills — Attestation requirements may be exempt under succession law for customary instruments; Constitutional/succession law — Schedule 3(2)(3) (1962) construed to permit nomination from among an Omukama’s sons irrespective of mother's status; Succession — Incest allegation not proved; Restoration of traditional rulers — nomination preserved/saved by Interpretation Decree and 1993 restoration statute; Costs — discretionary, where family/community dispute and public interest in reconciliation each party ordered to bear own costs.
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17 May 1996 |
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The court upheld that the respondent was validly nominated as successor and dismissed the appeal, but ordered each party to bear own costs.
Succession law – definition of 'Royal Family' for nomination; customary nomination by reigning Omukama; admissibility of secondary evidence (photocopy of Will); effect of abolition and later constitutional restoration of traditional rulers; framing of issues and trial court discretion; exercise of discretion as to costs in public interest.
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17 May 1996 |
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Court upheld customary nomination and succession but set aside costs order, directing each party to bear own costs.
• Customary succession – nomination by reigning traditional ruler – validity and effect after constitutional abolition and restoration of kingdoms.
• Evidence – admissibility of secondary documentary evidence (purported will/nomination) where original is lost.
• Civil procedure – framing of issues: timing and prejudice from omissions.
• Costs – exercise of judicial discretion in public-importance disputes and reconciliation considerations.
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17 May 1996 |
| March 1996 |
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Extension of time granted where applicants showed sufficient reasons and no dilatory conduct; applicants to pay costs.
Civil procedure – extension of time – Rule 4 – applicant must show sufficient reasons for delay; competency of affidavit sworn by one applicant on behalf of others; absence at delivery of reserved judgment; discretion to extend time without need to show prospects of success.
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25 March 1996 |
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Application to strike out appeal dismissed where respondent proved requisition for the record despite minor affidavit defects.
Civil procedure — Appeal — Late filing of record of appeal — Rule 81(1) proviso excluding time where requisition for record made — Rule 81(2) requirement to serve copy of requisition on other party — burden of proof on party relying on proviso — minor affidavit defects not fatal.
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15 March 1996 |
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4 March 1996 |
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Whether an appellate court may upset a Taxing Officer’s instruction fee allowance when the allowance or the judge’s reduction is vitiated by error or manifest excess.
* Civil procedure — taxation of costs — instruction fees — discretionary assessment by Taxing Officer — appellate interference only in exceptional cases where award is manifestly excessive or founded on error in principle. * Evidence — need for authoritative proof (e.g. Central Bank certificate) when relying on historical exchange rates to value suit property. * Costs — reasonableness test includes nature of work, value of subject matter and prevailing economic conditions; must balance remuneration and access to justice.
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4 March 1996 |
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4 March 1996 |
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Family Law
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3 March 1996 |
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Property Law
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3 March 1996 |
Civil Procedure|Appeals and reviews
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3 March 1996 |
| February 1996 |
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Civil Procedure|Appeals and reviews
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8 February 1996 |
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Banking, Finance and Insurance Law|Insurance and indemnity
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1 February 1996 |
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Civil Procedure|Notice of Appeal
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1 February 1996 |
