Supreme Court of Uganda - 1999 May

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7 judgments

Citation	Judgment date
May 1999
Departed Asians Property Custodian Board v Jaffer Brothers Limited (Civil Appeal 9 of 1998) [1999] UGSC 26 (27 May 1999)	27 May 1999
Departed Asians Property Custodian Board v Jaffer Brothers Ltd (Civil Appeal 9 of 1998) [1999] UGSC 2 (27 May 1999) Joinder under Order 1 r.10(2) may occur absent a direct cause of action; Court of Appeal rightly remitted the case for trial and costs followed the event. Civil procedure — Joinder of parties — Order 1 r.10(2) CPR — party may be joined not for cause of action but because their presence is necessary to effectually and completely adjudicate all questions; appeal — remit for trial on merits — costs — general rule that costs follow the event; appellate review of discretion on costs only if wrong principle applied.	27 May 1999
Attorney General v Salvatori Abuki (Constitutional Appeal 1 of 1998) [1999] UGSC 32 (25 May 1999) Offences in the Witchcraft Act are defined; section 7 is void insofar as it authorises exclusion from a person’s home as inhuman. Constitutional law — criminal law — sufficiency of definition of offence under Article 28(12) — interpretation of Witchcraft Act ss.2,3 and 6; Human rights — prohibition of torture/cruel, inhuman or degrading treatment — constitutionality of exclusion/banishment orders under s.7 Witchcraft Act; Property rights — exclusion orders not compulsorily acquiring property under Article 26(2); Remedies — "reading down" v. severance/voiding of unconstitutional statutory provisions.	25 May 1999
Attorney General v Salvatory Abuki [1999] UGSC 7 (25 May 1999) Sections 2–3 define witchcraft offences; section 7 exclusion orders excluding a person from their home violate Articles 24 and 44. Constitutional law — criminal law — vagueness and fair trial — Article 28(12) — offences under Witchcraft Act (ss.2–3) sufficiently defined; Constitutional law — punishment — exclusion/banishment orders (s.7, Witchcraft Act) — Article 24 and Art.44(a) — exclusion from one’s home may be cruel, inhuman and degrading and hence unconstitutional; Property — Article 26(2) — exclusion order does not ordinarily constitute compulsory acquisition; Remedy — reading-down versus partial invalidation — statute void to extent of inconsistency with Constitution.	25 May 1999
Bank of Uganda v Masaba & 5 Others (Civil Appeal 3 of 1998) [1999] UGSC 27 (6 May 1999)	6 May 1999
Sembuya v All Port Freight Service (U) Ltd (Civil Application 15 of 1998) [1999] UGSC 35 (6 May 1999) Stay granted pending second appeal; special circumstances found and security ordered (title plus Shs.50 million). Stay of execution – Rule 5(2)(b) – requirement of special circumstances and good cause – acceptability of land as security – Rule 100 and Rule 100(3) – adequacy of security – joint and several liability – stay of costs.	6 May 1999
Ssembuya v All Port Freight Service Uganda Limited (Civil Application No. 15 of 1998) [1999] UGSC 41 (6 May 1999) The court granted a stay of execution, emphasizing special circumstances and supporting the applicant's appeal rights with adequate security. Stay of execution - special circumstances - appeal rights - adequate security - joint and several liability	6 May 1999