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35 judgments found.
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December 1998
15 December 1998
Appeal dismissed: identification and rape proven; intoxication and procedural defects rejected.
Criminal law
— Identification — Reliability of eyewitness identification given lighting, familiarity and duration of attack
— Sexual offences — Rape versus defilement — Whether charging with rape (not defilement) rendered indictment defective
— Intoxication — Whether alleged drunkenness negated criminal responsibility or intent
3 December 1998
Whether the appellant was properly identified and proved guilty of robbery and rape, and whether intoxication negated criminal responsibility.
Criminal law
— Identification — Identification in low‑light conditions — Reliability established by available light, proximity, duration and prior acquaintance
— Sexual offences — Rape charged where victims are girls — Section 117 covers girls; failure to charge defilement does not automatically render indictment defective
— Defences — Alibi and intoxication — Alibi unsupported by witnesses; intoxication requires evidential basis to negate intent
3 December 1998
November 1998
Single justice may order further security for costs under Rule 100(3); respondent in receivership ordered to deposit UGX 50,000,000 per applicant.
Civil procedure — Security for costs — Rule 100(3) Supreme Court Rules — power to order further security at any time; single justice jurisdiction to hear ancillary applications; interplay with s.404 Companies Act; receivership/insolvency and entitlement to security; effect of delay in bringing application.
30 November 1998
Accused must adduce evidence of insanity or incapacitating intoxication; failure to do so sustains a murder conviction.
Criminal law
— Murder — Intoxication and insanity defences — Onus on accused to adduce evidence to establish incapacity
— Appeal — Failure to adduce evidence on raised defences — Appellate courts not in error to confirm conviction where defences are unproved
7 November 1998
Failure to adduce evidence of intoxication or insanity results in dismissal of appeal against murder conviction.
Criminal law — Murder — Defences of insanity and intoxication — Burden on accused to adduce evidence — Conviction upheld where no evidence of mental disorder or intoxication
7 November 1998
October 1998
2 October 1998
Appellate court properly re‑evaluated identification and circumstantial possession evidence; appeal dismissed.
Criminal law
— Appeal — Re‑appraisal of evidence by Court of Appeal — Duty to weigh evidence and draw own inferences
— Identification evidence — Relative’s recognition in bright light — Reliability and weight of identification
— Circumstantial evidence — Recent possession of stolen property — Inference of guilt unless satisfactorily explained; Rule 29(1)(b) — Exceptional circumstances required for additional evidence on appeal
2 October 1998
The Court upheld the appellant’s conviction based on reliable identification and circumstantial possession evidence, dismissing additional evidence requests.
Criminal law
— Evidence — Identification — Reliability and re‑evaluation on appeal — Appellate court must re-appraise evidence and may draw its own inferences
— Circumstantial evidence — Recent possession of stolen property — Presumption that possessor is thief or receiver in absence of reasonable explanation
Criminal procedure — Appellate evidence — Calling additional evidence under rule 29 — Discretion requires relevance, credibility, unavailability at trial and potential to raise reasonable doubt
2 October 1998
A single identifying witness's evidence, when thoroughly vetted, need not be corroborated if deemed reliable and accurate.
Criminal law — Evidence — Identification — Single witness — Corroboration of identification evidence — Appellate court duties in re-evaluation.
1 October 1998
1 October 1998
July 1998
15 July 1998
Confession upheld; conviction affirmed; proof beyond reasonable doubt suffices in capital cases.
Criminal law
— Confession — Admissibility and voluntariness — Judges’ Rules govern recording of extra‑judicial statements
— Standard of proof — Capital cases — Proof beyond reasonable doubt is the sole criminal standard; no higher degree required
Evidence — Character evidence — Irrelevance and inadmissibility where character is not an issue
13 July 1998
Confession admissible on the facts; proof beyond reasonable doubt suffices in capital cases; appeal dismissed.
Criminal law
— Confession — Recording and voluntariness — Judges’ Rules govern confessional statements pending regulations under Evidence Act s.24(2)
— Standard of proof — Capital offences — Proof beyond reasonable doubt remains the sole standard; no higher degree required
Evidence — Character evidence — Irrelevant bad‑character assertions inadmissible and should be excluded
13 July 1998
Civil Procedure|Jurisdiction
8 July 1998
Criminal law|Evidence Law|Evaluation of Evidence
6 July 1998
May 1998
Filing a notice of appeal before the 1995 Constitution rendered the appeal "pending" and saved it under Article 280 and Section 9.
Constitutional transitional provisions — Article 280 and Constitution (Consequential Provisions) Statute 12 of 1996 s.9 — meaning of "pending"; Civil procedure — commencement of appeal by filing notice of appeal (Rule 74(1)) — effect of filing before promulgation of new constitution; procedural irregularities and struck-out applications — whether they defeat transitional protection; slip-rule (Rule 35) not available for reviving substantive steps.
22 May 1998
15 May 1998
Capital offences do not require a higher legal standard than proof beyond reasonable doubt; credible identification sufficed.
Criminal law
— Standard of proof — Proof beyond reasonable doubt — No higher degree required for capital offences
— Identification evidence — Visual identification by known witnesses at close range — Assessment of credibility and sufficiency
Criminal procedure — Alibi — Rejection where inconsistent with credible prosecution evidence
15 May 1998
15 May 1998
15 May 1998
March 1998
Appellant's later claim fails; earlier purchase upheld and customary non-compliance did not void respondents' title.
Land law — Kibanja transfers; proof and effect of customary practices (introduction and Kanzu); Land Reform Decree 1975 (ss.4–5) limiting customary incidents; validity of unsigned sale agreements; burden and particulars for fraud; priority of earlier purchaser where equities are equal.
26 March 1998
26 March 1998
Delay, laches and misapplied procedural remedy justified dismissal and refusal to restore the land claim; appeal dismissed with costs.
Civil procedure — dismissal for want of prosecution; Order 15 r.5 — applicability where defendant fixed suit for hearing after adjournments; Review under Order 42 r.2 misconceived where dismissal should be set aside under court’s rules (Order 9); Inherent jurisdiction — Section 10 Civil Procedure Act; Laches and inordinate delay — refusal to restore action.
25 March 1998
Contract Law|Formation and validity of Contract|Contract Formation|Performance of contract|Specific Performance
25 March 1998
25 March 1998
Civil Procedure|Appeals and reviews
24 March 1998
24 March 1998
February 1998
2 February 1998
January 1998
28 January 1998
Civil Procedure|Limitation Period
22 January 1998
Appeal dismissed: action against a scheduled corporation was time‑barred; alleged suspension or mistake arguments failed.
Limitation law — Act 20 of 1969 — actions in tort against scheduled corporations — section 2(1)(c) twelve‑month bar; section 4 (disability extension) and section 5 (mistake) — suspension/tolling of limitation — pleading requirements for mistake.
22 January 1998
15 January 1998
7 January 1998
Unexplained recent possession of a recently stolen bicycle justified the appellant's robbery conviction.
Criminal law — Robbery — Circumstantial evidence — Doctrine of recent possession — Unexplained possession of recently stolen, identifiable goods may support inference of theft rather than innocent reception — nature of property and short lapse of time relevant.
7 January 1998
