Supreme Court of Uganda - 2004 February

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6 judgments

Citation	Judgment date
February 2004
Jaspal Singh Sandhu v Noble Builders (U) Ltd and Another (Civil Appeal No. 13 of 2002) [2004] UGSC 59 (22 February 2004) Completion and filing of Company Form A8 was held to have clearly terminated the appellant’s directorship and membership, removing his standing to petition for winding up. Company law – effect of Company Form A8 – interpretation of resignation/notification forms – whether completion and filing of Form A8 effected cessation of membership and directorship – locus standi to present a winding‑up petition – evidential significance of corporate conduct.	22 February 2004
Byasigaraho Wilson, Cpl. v Uganda [2004] UGSC 11 (18 February 2004) 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.	18 February 2004
Bainomugisha v Uganda (Criminal Appeal 20 of 2002) [2004] UGSC 50 (17 February 2004)	17 February 2004
Onyango and Another v Attorney General (Constitutional Appeal No. 20 of 2002) [2004] UGSC 56 (11 February 2004) 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.	11 February 2004
Onyango Obbo and Another v Attorney General (Constitutional Appeal 2 of 2002) [2004] UGSC 44 (11 February 2004) 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.	11 February 2004
Charles Onyango Obbo and Anor v Attorney General (Constitutional Appeal 2 of 2002) [2004] UGSC 1 (10 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.	10 February 2004