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Citation
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Judgment date
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| December 2003 |
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Where a trial court fails to conduct promised oral evidence on material issues, the proper remedy is to set aside judgments and remit the matter for trial.
Civil procedure – trial procedure – scheduling conference – failure to conduct promised oral hearing – mistrial and remittal for oral evidence; Land law – occupancy, customary rights, leasing and validity of title – need for oral evidence to resolve factual disputes.
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17 December 2003 |
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16 December 2003 |
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Conviction for defilement upheld where unsworn child’s testimony was corroborated by bleeding, distress, and prior statement to her mother.
* Criminal law – Defilement – Evidence required to prove charge beyond reasonable doubt; * Evidence – Child witness unsworn under s.38(3) TID – requirement for corroboration; * Evidence Act s.155 – previous statement to mother as corroboration; * Appeal – misdirection by trial judge does not overturn conviction where record contains adequate corroboration.
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16 December 2003 |
| November 2003 |
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Whether a constitutional petition discloses a cause of action attacking s.67(3) as inconsistent with Article 140 and entitling a merits hearing.
Constitutional law – election appeals – whether section 67(3) Parliamentary Elections Act bars right of appeal to Supreme Court – cause of action in constitutional petitions under Article 137(3) – preliminary strike‑out versus merits determination – joinder of Attorney General.
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25 November 2003 |
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Appellants’ identification, alibi and weapon issues were properly evaluated; eyewitness testimony sufficed to prove aggravated robbery, appeal dismissed.
* Criminal law – identification evidence – reliability of visual identification at night and admissibility when witnesses later identify suspects; * Criminal procedure – scope of re-evaluation by appellate courts – second appellate restraint; * Offence elements – aggravated robbery – proof of use or threatened use of a deadly weapon; * Weapons – knives and pangas as instruments capable of causing death, need not be produced where testimony reasonably excludes imitation.
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11 November 2003 |
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10 November 2003 |
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Supreme Court granted stay and injunction to protect the right of appeal where uncontradicted affidavits showed risk to a caveat and possible alienation of land.
Civil procedure – interlocutory relief pending appeal – stay of execution, injunction and stay of proceedings under Rule 5(2)(b) – protection of right of appeal – probability of success and risk of irreparable harm – effect of caveat and whether it lapses on dismissal – conditional grants of stay.
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6 November 2003 |
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5 November 2003 |
| October 2003 |
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The appellant's detailed confession, corroborated by circumstantial evidence, was voluntary and sufficed to uphold convictions; appeal dismissed.
* Criminal law – murder and aggravated robbery – admissibility of extra-judicial/confession statements – voluntariness – trial within trial required when voluntariness is in issue.
* Evidence – corroboration of confession – detailed confession corroborated by independent circumstantial facts.
* Evidence – circumstantial evidence – standard that facts must be incompatible with innocence and point irresistibly to guilt.
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28 October 2003 |
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A succession of magistrates may conduct a trial; a co-accused's guilty plea cannot be used to convict the applicant.
Magistrates Courts Act s.142(1) – succession of magistrates in trial – "any magistrate" permits more than two magistrates; proviso permits resummoning witnesses to prevent prejudice. Criminal law – conspiracy – personal criminal responsibility; a co-accused's guilty plea is not evidence against another, though independent evidence may sustain conviction.
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26 October 2003 |
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Oral confession to victim's father may corroborate defilement; ambiguous sentencing violating remand-crediting clause must be corrected.
* Criminal law – Defilement; corroboration – admissibility and corroborative value of an accused’s verbal confession to the victim’s father; Evidence Act s.25. * Constitutional law – Sentencing – Article 23(8) requirement to take time in remand into account; need for clear sentencing language; guidance to courts and prison authorities.
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26 October 2003 |
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Appellate misdirection about a medical report’s admissibility did not vitiate a conviction supported by unchallenged evidence.
* Criminal law – Defilement – Sufficiency of evidence – Conviction may stand on unchallenged eyewitness and complainant testimony even absent medical evidence. * Evidence Act s.30 – Admissibility of medical report where examining doctor did not testify – absence of admission under s.30 and failure to show reliance by trial judge. * Appeal – Appellate misdirection does not necessarily amount to miscarriage of justice if conviction is otherwise safe.
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26 October 2003 |
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Binding carriage contract entitled respondent to detention charges; 22% interest reduced to 10% per annum.
Contract law – carriage and clearing contract – written Allied Request and oral terms binding; implied duty of carrier to take reasonable care; mitigation of loss – effect of claimant’s conduct; appellate interference with trial judge’s discretion on interest – appropriateness of interest rate (22% reduced to 10% in non‑commercial carriage context).
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23 October 2003 |
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Adjournment sine die then judgment heard in absence of one party was procedurally improper; counterclaim reinstated for trial.
Civil procedure – ex parte judgment – adjournment sine die and subsequent reopening – need to state rule under which judgment entered; Order 15 r.4 CPR and Commercial Court Direction 7 – applicability and misapplication; grounds for setting aside judgment versus appeal; procedural fairness when only one party heard.
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23 October 2003 |
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No recovery where transfer instructions were unproven and the foreign‑exchange transaction was illegal under exchange control law.
Banking and evidence – appellate reappraisal of evidence; foreign exchange law – Form E and pre‑shipment inspection requirements for imports over US$10,000; illegality – Exchange Control Act and Forex Bureaux Order; pari delicto and unenforceability of illegal transactions; departure from pleadings – irregularity not fatal absent prejudice.
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22 October 2003 |
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Contract for carriage upheld; detention charges sustained; 22% interest reduced to 10% per annum and costs partly awarded.
Carriage and contract law – written and oral terms forming contract – place of delivery and detention charges; mitigation of loss by carrier; implied duty of care in carriage contracts; appellate interference in interest awards — reasonableness of rate.
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22 October 2003 |
| September 2003 |
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25 September 2003 |
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Interlocutory finding of prima facie case is not appealable; no interim stay pending certification to appeal.
Criminal procedure – interlocutory ruling that there is a prima facie case is not a "judgment" for purposes of third appeal under s.6(5) Judicature Statute; Article 28 right to fair and speedy trial does not require stay pending appellate certification; challenge interlocutory rulings by revisional proceedings or on appeal after final judgment.
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19 September 2003 |
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Whether a confession and recent-possession evidence lawfully supported the applicants' convictions and whether corporal punishment is unconstitutional.
* Evidence — Confession — Voluntariness and admissibility — Trial judge's duty to inquire into torture allegations.
* Evidence — Confession by one accused used against another — Section 28 Evidence Act — may only supplement substantial independent evidence; section 29A inapplicable where recovery preceded recorded confession.
* Evidence — Possession of recently stolen goods — corroboration to support conviction.
* Criminal law — Distinction between robbery and burglary — threatened violence suffices for robbery.
* Constitutional law — Sentence — Corporal punishment inconsistent with Article 24 (prohibition of torture, cruel, inhuman or degrading treatment or punishment).
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17 September 2003 |
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10 September 2003 |
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A single judge may grant exceptional interim stays, but the applicant failed to show imminent, irreparable harm to justify one.
Civil procedure — Stay of execution — Interim orders — Inherent power of single judge to grant interim stay in compelling circumstances — Requirement to show imminent execution and irreparable/irreversible prejudice — Intention to appeal insufficient.
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10 September 2003 |
| August 2003 |
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Non‑participating party not entitled to notice of delivery from ex parte leave application; extension denied; serve party for inter partes hearing.
* Administrative law – prerogative orders – leave to apply for certiorari – distinction between ex parte leave applications and substantive prerogative orders; applicability of s.38(3) of the Judicature Statute.
* Civil procedure – ex parte proceedings – entitlement to notice of delivery of judgment.
* Locus – participation in ex parte leave proceedings and right to appeal/notice.
* Remedy – extension of time for filing notice of appeal refused; party to be served for inter partes hearing.
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21 August 2003 |
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Confessions corroborated by weapon recovery and reliable daylight identification upheld; all three appeals dismissed.
* Criminal law – Identification evidence – single-witness visual identification in daylight – reliability and effect of absence of identification parade. * Criminal procedure – Confessional statements – voluntariness, language of recording, delay before recording, trial-within-a-trial. * Evidence – Corroboration of confession by recovery of weapon and co-accused statements. * Criminal procedure – Role of assessors and adequacy of judge's summing up.
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21 August 2003 |
| July 2003 |
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16 July 2003 |
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Whether a ministerial repossession certificate can nullify a prior purchase certificate and oust the purchaser’s possessory rights.
Expropriated Properties Act 1982 – purchase certificate under s.8 – effect on title when entered on register; Ministerial repossession certificate – whether it revokes prior purchase certificate; power of Minister to cancel certificates; jurisdiction of High Court to determine competing title and possession claims; necessity to join Attorney‑General/Registrar when appropriate.
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16 July 2003 |
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Whether the transaction was hire or sale and the correct measure of damages in detinue; locus standi could not be raised first on appeal.
Civil procedure – amendment/supplementary record – corrected pages inserted without labelled supplementary record; whether defect cured under rules. Civil procedure – appeal – raising new mixed questions of law and fact on appeal requires leave and fresh evidence; locus standi challenge first raised on appeal not entertained. Contract v tort – construction of written agreement (Exh. P.3) held to be contract of hire, not sale. Tort – detinue – measure of damages assessed at date of judgment; include reasonable hire charges and depreciation; special damages for fixed earlier period inappropriate.
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15 July 2003 |
| June 2003 |
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25 June 2003 |
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Court granted extension under Rule 4 validating an out‑of‑time appeal due to counsel’s error and ordered costs against counsel.
Civil procedure – Rule 4 – Extension of time – Court may extend prescribed time before or after expiry and validate acts done out of time – Application competent even where appeal remains on record – Mistakes of counsel may, in proper circumstances, justify extension in interests of justice; costs may be ordered against counsel.
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20 June 2003 |
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Convicted appellant granted bail pending appeal after balancing character, lack of substantial delay and non-frivolous appeal.
Criminal procedure — Bail pending appeal — Jurisdiction under Rule 5(2)(a) — Criteria: character, first offender, personal violence, appeal not frivolous, delay, compliance with prior bail — Discretionary grant of bail with conditions.
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17 June 2003 |
| May 2003 |
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Conviction upheld: child identification corroborated; appellate misdirection on villagers' eyesight harmless; appeal dismissed.
Criminal law – Identification at night – reliability of eyewitness identification where witness saw assailant emerge into open; Corroboration – unsworn child evidence under s.38(3) requiring corroboration by other material evidence; Exhibits – non-production of clothing may be excused if explanation credible and no miscarriage of justice; Appellate review – misdirection by reliance on unsupported theory is harmful only if it causes miscarriage of justice.
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24 May 2003 |
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Supreme Court upholds murder convictions based on confessions and corroborative circumstantial evidence.
Criminal law – murder convictions – charge and caution statement – circumstantial evidence – identification of accused – accomplice testimony – reliability of witness evidence.
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21 May 2003 |
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Appeal dismissed: eyewitness identification and a dying declaration, corroborated and supported by timing, rendered the conviction safe.
Criminal law – Identification evidence – reliability of eyewitness identification at night; Alibi – timing and credibility of unsworn alibi; Dying declaration – admissibility and corroboration of eyewitness evidence; Appeal – re-evaluation of evidence and safety of conviction.
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19 May 2003 |
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Identification evidence and possession of stolen property destroyed alibi; appeal dismissed.
Criminal law – Identification evidence and corroboration by possession of stolen property – Alibi – Admissibility/marking of exhibits – Procedural irregularities (bail-jumping, nolle prosequi, deferred sentencing).
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19 May 2003 |
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14 May 2003 |
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Court upheld convictions: confession admissible, identification and circumstantial evidence sufficient to convict all appellants.
Criminal law – confession – voluntariness and admissibility despite recording irregularities; Identification – reliability and parade conduct; Accomplice evidence – when witnesses are not treated as accomplices; Circumstantial evidence – requisite links to exclude reasonable hypotheses of innocence; Appellate re‑evaluation of evidence.
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12 May 2003 |
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Court affirmed conviction: discovery-related information admissible despite beating; circumstantial evidence proved guilt.
Criminal law – murder – confession affected by violence – inadmissible under s.25 Evidence Act but information leading to discovery admissible under s.29A – circumstantial evidence – test that facts be incompatible with innocence/only reasonable hypothesis of guilt.
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2 May 2003 |
Civil Procedure|Appeals and reviews |
2 May 2003 |
| April 2003 |
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Confession held voluntary despite an irregular caution and minor witness inconsistencies; appeal against conviction dismissed.
Criminal law admissibility of confession inducement under section 25 Evidence Act voluntariness irregular caution by magistrate evaluation of witness inconsistencies material versus minor contradictions.
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17 April 2003 |
| March 2003 |
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Ex parte judgment partially set aside due to sufficient cause from advocate's gross negligence; special damages award overturned.
Civil Procedure – ex parte judgment – gross professional negligence by counsel – sufficient cause under Rule 24 – special damages award set aside.
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21 March 2003 |
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21 March 2003 |
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Extension of time denied where supporting affidavits were hearsay, contradicted, and lacked deponent with direct knowledge.
Extension of time – governed by Rule 4 of Supreme Court Rules – applicant must show sufficient reason; Rule 42(1) – affidavits must be sworn by persons with direct knowledge; hearsay and false affidavits fatal to application.
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21 March 2003 |
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20 March 2003 |
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Voluntary severance below early-retirement age does not confer entitlement to pension; contractual interpretation determines rights.
Employment law – pension entitlement – interpretation of employer circular – distinction between early retirement (50+ years) and voluntary termination – contractual rights and cause of action – negligent misrepresentation vs breach of contract.
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20 March 2003 |
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Res judicata must be proved with records; concurrent factual findings on land title are upheld, but costs order reversed.
Land law; possession and prescription; res judicata requires proof and production of prior court records; appellate courts will not disturb concurrent findings of fact without demonstrable error; costs — appellate award cannot contradict lower court's silent costs order absent cross-appeal.
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11 March 2003 |
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Appeal dismissed: appellant failed to prove attachment of shares in compliance with Order 19 r 43; costs to respondent.
Civil procedure – Attachment of shares – Order 19 r 43(1)(2) CPR – mandatory service of prohibitory order on company officer and affixing at court – burden on party claiming attachment fees to prove compliance – appellate review of taxation decision – limits on bailiff awards.
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11 March 2003 |
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Premature judgment after refusal to adjourn and without hearing the defence breached the appellant's right to a fair hearing, warranting remittal.
Civil procedure — Adjournment — Judicial discretion — Refusal to grant one‑day adjournment; Fair hearing — duty to hear both parties — Article 28(1) Constitution; Procedure — entering judgment without hearing addresses; Remedies — remittal for continuation of trial where failure to hear defence causes miscarriage of justice; Appellate review — limits on re‑evaluating evidence where defence evidence absent.
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11 March 2003 |
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Appellant failed to prove lawful attachment of shares under Order 19 r 43; appeal dismissed and costs awarded.
Civil procedure – Attachment of shares – Order 19 r 43(1)(2) – mandatory service of prohibitory order on corporation officer and affixation at courthouse – Burden of proof on party claiming fees to show compliance – Taxation of court bailiffs’ fees – recommendation for statutory limits.
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10 March 2003 |
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A tender-age victim’s reliable in-court identification, corroborated by witnesses and medical evidence, can sustain a defilement conviction.
* Criminal law – Defilement – Identification evidence by a tender-aged witness – Voire dire and competency – corroboration by lay and medical evidence.
* Evidence – Evaluation of alibi and alleged motive (grudge) – credibility and contradictions.
* Appeal – Re-evaluation of identification findings; application of safeguards (Abudala Nabulere).
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4 March 2003 |
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Single-witness night-time identification upheld; alibi rejected and conviction for aggravated robbery affirmed.
Criminal law – Aggravated robbery – Identification by single witness – Conditions favouring correct identification (torchlight, distance, duration, prior acquaintance) – Corroboration and disappearance as supporting evidence – Alibi disproved.
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4 March 2003 |
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Dissent: penetration in defilement charge not proved beyond reasonable doubt; conviction should be indecent assault.
* Criminal law – Defilement – Requirement to prove penetration beyond reasonable doubt – Evaluation of circumstantial and medical evidence versus uncontradicted negative evidence (intact clothing, absence of pain/bleeding). * Appellate review – Duty to re-evaluate evidence in full rather than selectively. * Where essential ingredient not proved beyond reasonable doubt, conviction should be for lesser proved offence (indecent assault).
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4 March 2003 |
