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Citation
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Judgment date
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| December 2009 |
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Civil Procedure|Evidence Law|Evaluation of Evidence
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21 December 2009 |
| November 2009 |
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24 November 2009 |
| October 2009 |
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22 October 2009 |
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Application to correct judgment’s fraud finding dismissed for failure to show an accidental slip or overlooked consequential matter.
Rule 35(1) – correction of clerical or accidental mistakes in judgments; Rule 2(2) – Court’s inherent power to prevent abuse and to correct orders; requirement that alteration correct an accidental slip or an overlooked matter on the record which is necessarily consequential; application of Raniga and NPART precedents; transfers made after revocation of Powers of Attorney and during pending suit can support finding of fraud.
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22 October 2009 |
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Appellate court failed to re-evaluate evidence; purchaser who paid purchase money held sole beneficial owner; respondent’s claim time-barred.
Property law – joint registration and beneficial ownership – presumption of resulting trust where purchase money provided by one party; Evidence Act ss.91–93 and s.92 exceptions (fraud, failure of consideration) – Registration of Titles Act ss.56 and 176 – Limitation Act and actions for account.
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22 October 2009 |
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20 October 2009 |
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13 October 2009 |
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Revocation by one director of a two-director power of attorney was ineffective; sales valid and appeal dismissed.
Company law – authority of directors – power of attorney validly granted by two directors; revocation by single director ineffective. Property transfer – sale by agent under valid power of attorney binds company absent effective notice of revocation. Equity – bona fide purchaser for value without notice obtains good title despite allegations of undervalue or missing formalities. Registration/notice – revocation must be communicated/registered to be effective against third parties.
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13 October 2009 |
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Carrier’s liability ended at port of discharge; loss thereafter was appellant’s responsibility; appeal dismissed.
Carriage of goods — Port of discharge and termination of carrier’s liability — Seal discrepancies on containers — Evidence and burden to prove loss or theft in transit — Appellate re-evaluation of factual findings — Procedural compliance in preparation of record of appeal.
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13 October 2009 |
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Buyer failed to prove supplied goods differed from the contract sample; seller entitled to unpaid balance, interest and costs.
Sale of goods — sale by description and sample — burden to prove non-conformity — admissibility/weight of expert reports not linked to delivered goods — amendment/framing of issues — appellate re-evaluation of evidence — entitlement to unpaid balance and costs.
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6 October 2009 |
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Where sale is by description and sample, buyer must prove supplied goods did not correspond to sample to resist payment.
* Sale of goods – sale by description and sample – supplier obliged to supply "as per sample"; identity of samples and correspondence with goods central to dispute. * Evidence – expert/UNBS reports must be connected to the delivered goods to be probative. * Civil procedure – trial judge’s power to frame or amend issues; amendments must not obscure real matters in controversy and parties must be heard. * Contract – buyer’s failure to prove non-conformity defeats claim and entitles supplier to contract balance.
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6 October 2009 |
| September 2009 |
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Extension of time granted for serving a Notice of Appeal due to counsel's procedural errors and issues of public importance.
Civil Procedure – Application for extension of time – Failure to serve Notice of Appeal – Errors of counsel as sufficient cause.
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10 September 2009 |
| August 2009 |
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5 August 2009 |
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Civil Procedure|Appeals and reviews|Strike-Out
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5 August 2009 |
| July 2009 |
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Civil Procedure|Appeals and reviews
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29 July 2009 |
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29 July 2009 |
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Interim stay refused for lack of irreparable harm; Registrar’s exclusionary ruling regarded as a nullity.
Court of Appeal — Registrar’s powers; improper final determination that court is "incompetent"; right to refer Registrar’s decision to a Judge; inherent power of appellate court to stay its own orders; interim stay pending appeal — requirement of irreparable harm and compelling circumstances; interlocutory orders and executability.
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8 July 2009 |
| June 2009 |
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Parental care and protection|Children|HR
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24 June 2009 |
| May 2009 |
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7 May 2009 |
| April 2009 |
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21 April 2009 |
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CL|Simple Interest
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21 April 2009 |
| March 2009 |
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20 March 2009 |
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An interim stay was refused where the notice of appeal did not properly relate to the substantive decree and execution occurred during pending proceedings.
Civil procedure – Stay of execution – Rule 6(2)(b) and requirement of proper notice of appeal; Single-judge jurisdiction over stay applications; Effect of execution carried out during pendency of stay application; Costs where respondents execute despite pending applications.
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20 March 2009 |
| February 2009 |
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At no-case stage prosecution failed to prove sexual act or identity in aggravated defilement; accused acquitted.
Criminal procedure — No case to answer — sufficiency of prosecution evidence at close of case; Sexual offences — aggravated defilement — essential ingredients: victim under 14, sexual act, identity of accused; Evidence — child witness asleep during incident — waking in pain and seeing accused later insufficient to prove act or identity.
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19 February 2009 |
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Taxing officer erred by using an extraneous valuation to justify an excessive instructions fee, which was reduced by the Court.
Taxation of costs — assessment of instruction fees — relevance of ‘amount involved in the appeal’ — when monetary value of subject matter not an issue it must not be used to inflate fees — manifestly excessive award reducible on reference under rule 106.
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10 February 2009 |
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10 February 2009 |
| January 2009 |
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Section 3 of the Divorce Act conflicts with equality rights; divorce cases should ordinarily start in magistrates’ courts.
Divorce jurisdiction – Section 3 Divorce Act – racial distinction in filing venue – compatibility with Article 21 equality clause – interpretative duty of inferior courts to remove discriminatory effects – High Court’s discretionary power under Civil Procedure Act to transfer or withdraw matters – magistrates’ courts competent to try divorce causes – exceptional circumstance where matrimonial assets exceed magistrates’ pecuniary limit (Shs.50,000,000).
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28 January 2009 |
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Whether successive legal notices and revolutions terminated military service and barred long‑delayed claims for pay and pensions.
Constitutional and administrative law — Effect of a revolution/legal notices on pre‑existing appointments — Termination of service and non‑saving of prior rights — Burden of proof to show continuing military membership — Time‑bar under limitations law — Administrative verification of pension and terminal benefit claims.
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21 January 2009 |
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Constitutional Law
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21 January 2009 |
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Court upheld death penalty but struck down mandatory death sentences and limited execution delays to three years.
Constitutional law — Death penalty — Article 22(1) permits capital punishment after fair trial and confirmation; Articles 24 and 44 do not automatically invalidate Article 22(1) (majority). Statutory mandatory death sentences unconstitutional for fettering judicial sentencing discretion. Death‑row syndrome: delay exceeding three years after highest‑court confirmation is inordinate; failure of Executive to act deemed commutation to life without remission. Method of execution (hanging): majority upholds section 99(1); dissent finds hanging as practised unconstitutional.
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21 January 2009 |
HR|Have his cause heard (fair trial)
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20 January 2009 |
Civil Procedure|Appeals and reviews|Evidence Law|Evaluation of Evidence
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20 January 2009 |
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Respondent was neither a lawful nor a bona fide occupant; appeal allowed and eviction ordered for the appellant.
Land law – dispossession and occupancy – admissibility of documents on appeal – improperly included document cannot supply evidence – section 29 Land Act 1998 definitions of "lawful" and "bona fide" occupant – licence from registered owner excludes lawful/bona fide status – appellate deference to trial judge credibility findings.
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20 January 2009 |
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20 January 2009 |
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20 January 2009 |
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Death of a co‑plaintiff or absence of a guardian did not invalidate declaratory relief or rectification where fraud and surviving rights were established.
Civil procedure – death of a party – effect of death before trial; Rule on substitution of legal representative and abatement; mental capacity of litigant – guardian ad litem; fraud in land registration – rectification/cancellation of certificate of title; declaratory relief as appropriate remedy.
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7 January 2009 |
