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Citation
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Judgment date
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| December 2004 |
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Court granted extension and validated a late-filed appeal due to counsel/registry errors; costs in the cause.
Civil procedure – Rule 4 – extension of time to do an act – validation of documents filed out of time; mistake/inadvertence of former counsel and registry errors – not to be visited on litigant; allegations of back-dating/tampering – burden to prove.
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20 December 2004 |
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20 December 2004 |
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19 December 2004 |
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A prior appellate judgment determining land status (judgment in rem) binds strangers; appellants without title have no s.15 cause of action.
Expropriated Properties Act (s.15) – nature of appeal under the Act – civil suit versus judicial appeal; Jurisdiction – right of further appeal to the Supreme Court from High Court decisions arising under s.15; Res judicata and judgments in rem – effect of prior Court of Appeal determination on land status binding on strangers; Aggrieved person – locus standi under s.15 and effect of statutory nullification and fraud on title; Cancellation and issuance of repossession certificates – ministerial powers and consequences.
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16 December 2004 |
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16 December 2004 |
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15 December 2004 |
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Ex parte interim stays require compelling circumstances; a pending appeal alone does not justify automatic stay of execution.
* Civil procedure – interim stay of execution – r.1(3) Supreme Court Rules – ex parte relief exceptional and requires compelling circumstances; intention to appeal alone insufficient. * Interim relief – urgency and irreparable harm – applicant must show notifying respondent would defeat ends of justice. * Execution of guarantee – stale bank draft and threatened enforcement do not automatically justify ex parte stay.
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13 December 2004 |
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Notice of appeal or urgency alone does not justify ex parte stay; applicant must show compelling risk of irreparable loss.
* Civil procedure – Interim relief – Ex parte interim stay of execution – r.1(3) of Supreme Court Rules – granted only to achieve ends of justice or prevent abuse of process.
* Civil procedure – Effect of Notice of Appeal – filing a Notice of Appeal does not automatically stay execution; applicant must show sufficient cause and risk of irreparable loss.
* Civil procedure – Urgency and certificates – urgency alone does not justify ex parte relief where opposing party can be heard.
* Practice – Applicant must ordinarily proceed inter partes unless exceptional circumstances make that impossible or defeat justice.
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13 December 2004 |
| November 2004 |
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30 November 2004 |
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A confession recorded in English can be admissible if voluntarily made, read back in vernacular, and corroborated by other evidence.
* Evidence – Extra-judicial statements – admissibility – voluntariness is decisive; procedural guidelines non‑compliance not automatically fatal. * Criminal procedure – recording of statements – language of communication and read‑back in vernacular. * Evidence – Identification – reliance on single child witness requires caution and corroboration. * Criminal appeal – adequacy of defence – complaints not raised at trial or on first appeal are untimely. * Circumstantial evidence – disappearance, arrest location and confessional statement may corroborate identification.
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29 November 2004 |
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14 November 2004 |
| October 2004 |
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12 October 2004 |
| September 2004 |
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First appellant’s aggravated robbery conviction upheld; second and third acquitted due to unsafe identification evidence.
* Criminal law – Aggravated robbery – Threatened use of a deadly weapon suffices for aggravated robbery; recovery and testing of weapons may support identification. * Evidence – Identification evidence – Where conviction depends solely on eyewitness ID, courts must test reliability with caution; consider factors favouring and undermining identification, including possible influence of local suspicion and failure to conduct identity parade. * Criminal procedure – Mischaracterisation of a confession implicating others is a material misdirection.
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23 September 2004 |
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An Act passed after the Article 271(2) deadline was void, but referral to Standing Committees and parliamentary voting method did not render it invalid; referendum not nullified.
Constitutional law – validity of parliamentary enactment – challenge to expired statute – Article 271(2) timing requirements for referendum legislation – Article 89 voting procedure – Article 90 Standing Committees – Article 69 free and fair referendum – Committee of the Whole House vs Standing Committee.
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2 September 2004 |
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The court refused to admit additional evidence or review its judgment based on counsel's error and delay after the appeal's conclusion.
Constitutional procedure – Review of Supreme Court judgment – Admission of additional evidence after disposal of appeal – Requirements for adducing additional evidence – Counsel's negligence – Finality of litigation – Delay in bringing application.
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2 September 2004 |
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Court upheld conviction: reliable single‑witness identification corroborated by strong circumstantial evidence; alibi rejected.
* Criminal law – Identification evidence – single identifying witness – adequacy of observational conditions and preference of in‑court testimony over unproved police statement. * Criminal law – Circumstantial evidence – apprehension near scene, furtive movements, wet clothes, possession of money/bags, use of stick corroborate identification. * Criminal law – Alibi – requirements for acceptance and appellate deference to trial judge’s credibility findings.
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1 September 2004 |
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Single-witness identification corroborated by circumstantial evidence upheld; alibi rejected and appeals dismissed.
Criminal law – Identification evidence by single witness – conditions for identification; Circumstantial evidence – corroboration of eyewitness identification (wet clothes, route, possession of money, stick, furtive conduct); Alibi – proof and rejection; Use of prior police statements where recording officer not called.
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1 September 2004 |
| August 2004 |
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A successor advocate may not claim previous advocate’s fees in a single bill; prior advocate’s bill must be annexed as disbursement.
Civil procedure – taxation of costs – change of advocates – paragraph 16(1)–(2) 3rd Schedule to the Rules – successor advocate must annex prior advocate's bill and show totals as disbursement; bill of costs must be a true factual account; advocate cannot claim for services not performed.
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29 August 2004 |
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29 August 2004 |
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4 August 2004 |
| July 2004 |
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Circumstantial evidence (threats, suspicious conduct, victims' clothes found) supported the applicant's murder convictions.
Criminal law – Murder – Circumstantial evidence – Standard for conviction on circumstantial evidence – behaviour of accused, prior threats, discovery of victims' clothing – sufficiency to exclude reasonable alternative hypotheses.
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29 July 2004 |
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Credible dying declaration and strong circumstantial evidence upheld a murder conviction and death sentence.
Criminal law – Murder – Circumstantial evidence and dying declaration – Admissibility and reliability of dying declarations – Chain of custody of exhibits – Flight as evidence of consciousness of guilt – Alibi insufficient to raise reasonable doubt.
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22 July 2004 |
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Circumstantial evidence that admits reasonable innocent explanations cannot sustain a manslaughter conviction.
* Criminal law – Circumstantial evidence – requirement that facts be incompatible with innocence and incapable of explanation by any reasonable hypothesis other than guilt. * Criminal law – Standard of proof in circumstantial cases – need for absence of co-existing circumstances that weaken inference of guilt. * Appeal – substitution of conviction – appellate courts must ensure circumstantial evidence meets requisite standard before substituting verdicts.
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22 July 2004 |
| June 2004 |
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30 June 2004 |
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A first appellate court must re-appraise evidence; certificate of title did not relate to the disputed land and respondent failed to prove ownership.
Land law – title under Registration of Titles Act – certificate of title conclusive as to particulars set out but court must establish nexus between those particulars and the land in dispute; appellate procedure – first appellate court's duty to re-appraise evidence; evidence – admissibility and weight of additional evidence taken by a commissioner; res judicata – earlier judgment binding as to parcels previously adjudicated.
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22 June 2004 |
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22 June 2004 |
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22 June 2004 |
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Second appellate court will not overturn concurrent factual findings absent special circumstances; limitation defence not established.
Land law – possession of kibanja – limitation periods – appellate review of factual findings – role and limits of first and second appellate courts – procedural irregularity in ordering retrial/new suit.
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22 June 2004 |
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Where both parties acted unreasonably over revised ground rent, neither is entitled to costs; each party to bear its own costs.
Civil procedure – costs after settlement; landlord-tenant – disputed ground rent following statutory reassessment; conduct of parties and award of costs; equitable principle of 'clean hands' and appropriateness of costs orders where both parties contributed to litigation.
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22 June 2004 |
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Circumstantial evidence, admissions and flight established malice aforethought despite inconclusive medical causation; custody statement required trial within a trial.
* Criminal law – murder – malice aforethought may be inferred from actus reus and attendant circumstances where nexus to death is established.
* Evidence – circumstantial evidence, admissions and flight as proof of intent.
* Evidence – extra‑judicial statements recorded in police custody require a trial within a trial to determine voluntariness before admission.
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18 June 2004 |
| May 2004 |
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26 May 2004 |
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Confession held voluntary; circumstantial evidence corroborated it, alibi rejected and appeal dismissed.
Criminal law – murder – confession and voluntariness – trial-within-a-trial – effect of post-arrest beating – circumstantial evidence corroboration – alibi disproved.
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18 May 2004 |
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18 May 2004 |
| April 2004 |
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21 April 2004 |
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Preliminary objections cannot decide disputed factual or documentary issues; such matters require trial evidence, and a late notice for affirmation was struck out.
Civil procedure – preliminary objection – whether plaint discloses cause of action – factual disputes and documentary issues not resolvable on preliminary objection; late service of notice for affirmation; interpretation of "jointly and severally liable" as indicating cause to be sued, not final liability.
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20 April 2004 |
| March 2004 |
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Soldiers’ routine use of private land for timber and shelter held within course of employment, attracting state vicarious liability.
Torts — Vicarious liability — Employer liable for acts of soldiers who, while stationed nearby, routinely harvested timber and firewood and built huts on private land — unauthorized manner of performing duties does not negate vicarious liability (Muwonge principle applied); evidence and unchallenged testimony of commanding officer relevant to implied authorization; remedy includes damages and injunction.
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19 March 2004 |
Civil Procedure|Appeals and reviews
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8 March 2004 |
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3 March 2004 |
| February 2004 |
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Appellant's confession deemed voluntary despite prior assault by crowd; corroborated evidence upheld convictions and sentence.
* Criminal law – admissibility of confession – voluntariness where accused alleges prior beating by third parties; confession after crowd assault held voluntary. * Evidence – corroboration of confession by independent witnesses and discovery of murder weapon. * Accomplice evidence – corroboration may render accomplice testimony admissible and reliable. * Appellate review – Court of Appeal and Supreme Court re-evaluated evidence and affirmed convictions.
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18 February 2004 |
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17 February 2004 |
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The court held that criminalising 'false news' was void for vagueness and unjustified restriction on the applicant's press freedom.
Constitutional law — Freedom of expression and press — Criminal offence for 'false news' — Vagueness and chilling effect — Article 29(1)(a) and limitation test under Article 43(2)(c) — Burden on state to justify restrictions — Constitutional petition vs parallel criminal proceedings — Role of Press and Journalists Act and limits on prosecutorial/censorship discretion.
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11 February 2004 |
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Section 50 Penal Code criminalizing "false news" is overbroad, not demonstrably justifiable and is unconstitutional.
Constitutional law — Freedom of expression — Penal provision criminalizing publication of false news (section 50 Penal Code) — overbroad, vague and conjectural restriction — Article 43 limitation must be "acceptable and demonstrably justifiable in a free and democratic society" — reverse onus and chilling effect — statute void; stay of constitutional petition pending criminal trial improper.
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11 February 2004 |
Constitutional Law – Freedom of Expression – Scope and limitations of Press Freedom – Criminalization of false news under the Penal Code Act, Section 50 – Constitutional Inconsistency with Article 29(1)(a) of the Constitution – Standard for Limiting Constitutional Rights under Article 43 of the Constitution – Acceptability and demonstrable justifiability of limitations in a free and democratic society – Test for determining statutory vagueness – Onus on the State to justify derogation of rights – Role of judicial precedents and persuasive authorities in constitutional interpretation – Importance of democratic principles in a constitutional democracy – Courts' duty to strike down legislation incompatible with constitutional guarantees – Burden of proof on the State to establish justification for limitations – Nullity of Section 50 for failure to meet constitutional standards – Costs awarded.
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10 February 2004 |
| January 2004 |
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Strict compliance with constitutional procedures is mandatory for all amendments; non-compliance renders amendments null and void.
Constitutional law – amendment of Constitution – mandatory procedures for amending the Constitution – jurisdiction of the Constitutional Court to interpret the Constitution – implied and indirect amendments ('amendment by infection') – doctrine of 'colourable legislation' – right of access to information – nullity of unconstitutional amendments – supremacy of constitutional procedure over parliamentary rules.
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29 January 2004 |
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The Supreme Court held Act 13/2000 invalid to the extent it restricted access to parliamentary information and breached constitutional amendment procedures.
Constitutional law — Amendment of Constitution — effect, purpose and consequence of amendment — amendment may be by express provision, implication or infection; Chapter Eighteen procedures mandatory for entrenched provisions — Speaker’s and Electoral Commission certificates and 14‑day spacing necessary where applicable; access to information — right under Article 41 cannot be curtailed by parliamentary leave provisions; jurisdiction — Constitutional Court may interpret one constitutional provision against another and declare inconsistency; colourable legislation — Parliament cannot indirectly amend entrenched constitutional rights without prescribed procedure.
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29 January 2004 |
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28 January 2004 |
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Court held respondent bound by and liable under the written employment contract and awarded contractual and reduced punitive damages.
Employment law – validity of written appointment executed abroad but acted on locally – estoppel and agency; Immigration/work permit – employer’s obligation to obtain permit; Illegality and severance – lawful parts recoverable; Fixed‑term contract – damages for wrongful termination (remuneration for unexpired term); Probation – limits on unilateral extension; Punitive/exemplary damages in contract and assessment; Interest and costs.
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16 January 2004 |
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A valid employment contract existed with the Ugandan employer; wrongful termination awarded salary for unexpired term and reduced punitive damages.
Employment law — existence and construction of written employment contracts; agency and ostensible authority; estoppel — employer adopting foreign-executed contract; immigration law — employer's duty to obtain work permit and effect of special pass; wrongful termination — probation limits, remedies for breach, damages and interest.
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16 January 2004 |
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Court held a valid employment contract existed, employer liable for improper termination, reduced punitive damages and adjusted interest.
Employment law – Validity of foreign appointment letters – agency and estoppel; Work permits – employer’s duty to obtain permit and effect of special pass; Probation – limits on extension under written contract; Wrongful termination – damages for fixed‑term contracts and punitive awards; Interest and costs on decretal amounts.
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15 January 2004 |
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Applicant's poverty alone does not render an arbitration agreement incapable of performance; mediation non-compliance is arbitrable.
Arbitration agreements – stay of court proceedings – s.41 Arbitration and Conciliation Act – exceptions: "null and void, inoperative or incapable of being performed"; Impecuniosity/poverty – must be caused by respondent to defeat arbitration; Mediation clause – non-observance raises arbitrable issue; Fundamental breach/repudiation – disputes arising from agreement are for arbitration.
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15 January 2004 |
