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Citation
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Judgment date
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| December 2010 |
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A voluntary, implemented settlement endorsed by the court bars enforcement of a filed arbitral award.
Arbitration – enforcement of award – effect of voluntary settlement endorsed by Registrar – remit/objection rules – rule 14 delay to enforcement; Court’s discretion to remit awards; estoppel by settlement and receipt of payment; Registrar’s power to seal settlements.
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22 December 2010 |
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A voluntary settlement endorsed by the Registrar rendered a pending arbitral award unenforceable; appeal dismissed with costs.
Arbitration — Enforcement of arbitral awards — Effect of parties' settlement endorsed by Registrar — Arbitration Act and Rules — Objections to awards and remittal — Estoppel where award subject to settled disputes.
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22 December 2010 |
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Reference to UK Settled Land Act in powers of attorney vested agent with sale powers; appeal dismissed with costs.
Land law; powers of attorney – construction of clause referring to "Settled Land Act 1925"; conflict of laws – lex situs and applicability to land in Uganda; tenant-for-life powers including sale; use of Halsbury’s as authoritative treatise; procedural bars from failure to cross-appeal.
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9 December 2010 |
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Reference to the Settled Land Act 1925 in Powers of Attorney was held to import UK tenant-for-life sale powers; appeal dismissed.
Powers of attorney – construction – reference to "Settled Land Act 1925" construed as English Act where donors resident and instruments executed in UK; tenant-for-life powers include power of sale. Conflict of laws – lex situs not engaged where clause evidences scope of agent's powers rather than choice of foreign law. Evidence – standard legal treatises (Halsbury's) may be relied on to establish foreign law. Appeal practice – failure to cross-appeal preserves lower court finding.
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9 December 2010 |
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Supreme Court upheld convictions for defilement and incest; uncorroborated but credible testimony and reporting delay did not defeat conviction.
Criminal law – sexual offences – corroboration of complainant’s evidence – demeanour assessment by trial judge – delay in reporting not fatal to prosecution – failure to call certain witnesses not necessarily prejudicial – medical evidence not determinative – appeal against sentence severity to Supreme Court barred by s.5(3) Judicature Act.
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9 December 2010 |
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An interlocutory Court of Appeal ruling does not, as of right, give rise to an appeal to the Supreme Court.
* Appellate jurisdiction – scope of Supreme Court jurisdiction – appeals from interlocutory orders of the Court of Appeal not competent. * Judicature Act – sections 4 and 6 – appellate jurisdiction conferred by statute; appeal lies as of right only where Court of Appeal confirms, varies or reverses High Court decisions. * Inherent jurisdiction – cannot be used to create statutory right of appeal. * Evidence/Oaths Act – jurat sufficient; omission of phrase “the contents... true and correct” does not invalidate affidavit.
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8 December 2010 |
| October 2010 |
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Consent variation order allocating decretal funds to named beneficiaries precluded administrator’s liability to account for those sums.
• Civil procedure – Consent variation order – post‑judgment apportionment of decretal sums – effect and enforceability. • Judgment in rem v judgment in personam – when a consent order binds third parties. • Advocates Act – scope of section 56; administrators’ duties to account; client funds and trust account rules. • Champerty/assignment – when post‑judgment dispositions may be attacked and proper remedy is setting aside the order. • Abuse of process – seeking accountability inconsistent with an earlier court‑endorsed distribution.
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28 October 2010 |
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Requirement to pay 30% VAT before appeal restricts but does not deny access to court; restriction held justifiable.
Constitutional law — VAT Act s.34C(3) — requirement to pay 30% before appeal — access to court — limitation under Art.43 — ‘pay now, argue later’ principle; discrimination under Art.21; availability of remedies: s.34(4) application to Commissioner and judicial review in High Court.
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28 October 2010 |
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Appellant's customary tenure was at sufferance and, absent fraud, respondent's registered title is protected.
Land law – customary tenure – Land Reform Decree 1975 s.3(1)-(2) – customary occupation at sufferance and convertible to lease; Registration of Titles Act – ss.56, 61, 184 – certificate of title conclusive except in fraud; bona fide purchaser for value without notice; fraud standard higher than balance of probabilities; unaccepted lease offer does not protect customary holder against subsequent lawful grant.
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27 October 2010 |
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26 October 2010 |
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Malice aforethought was not proved; murder convictions quashed and substituted with manslaughter due to insufficient evidence.
Criminal law – homicide – murder versus manslaughter – malice aforethought – burden of proof – inference from circumstantial and medical evidence – need for clear evidence of intent or knowledge under section 191 of the Penal Code Act.
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26 October 2010 |
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Whether the Expropriated Properties Act voids employment contracts and whether the repossessing owner is liable for terminal benefits.
* Expropriated Properties Act – s.2(2)(a) – statutory interpretation – nullification applies to transfers of title and property dealings, not employment contracts entered during lawful government management. * Employment law – validity of post‑expropriation employment terms – Board‑adopted terms binding; evidence of adoption and calculations decisive. * Estoppel – repossessing shareholder who accepted handover listing liabilities and made payments estopped from denying liability for terminal benefits. * Evidence – contemporaneous documents (memos, handover, letters) admitted without objection are persuasive.
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20 October 2010 |
CL|Breach of Contract|Immunity|Sovereignty|Purposive Interpretation
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18 October 2010 |
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Conviction upheld on doctrine of recent possession; omission to call arresting officer was not fatal.
Criminal procedure – simple robbery; doctrine of recent possession; admissibility of police intelligence/communication from foreign police (INTERPOL) – hearsay; failure to call arresting officer – not necessarily fatal; identification evidence – no parade; scope of review by second appellate court on concurrent findings of fact.
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18 October 2010 |
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Single-director revocation ineffective; transfers under valid powers of attorney upheld and no fraud proven.
* Company law – authority of directors – powers of attorney validly granted by two directors bind the company. * Agency – power of attorney – revocation ineffective if not properly authorized, registered or communicated to third parties. * Property – validity of sale/transfer under a power of attorney. * Evidence – fraud must be proved; bona fide purchaser protection where no notice of defect.
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13 October 2010 |
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The National Drug Authority lawfully inspected and seized scheduled restricted drugs; the two Acts complement each other; appeal dismissed with costs.
Statutory interpretation – relationship between Allied Health Professionals Act and National Drug Policy and Authority Act – complementary regulatory regimes; Administrative powers – authority to inspect and seize under NDPA; Drug control – classification of restricted drugs by schedule and reliance on expert evidence; Disposal of seized drugs – procedures under NDPA (section 51 and 60) where criminal proceedings may be pending.
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8 October 2010 |
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A brief inadvertent failure by counsel to serve a notice of appeal can justify extension of time where delay is short and equity demands it.
Extension of time – service of Notice of Appeal – whether inadvertent failure by counsel to serve constitutes sufficient reason under Rule 5 – short delay (about 20 days) not inordinate – equity and merits of appeal – parties to bear own costs.
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6 October 2010 |
| September 2010 |
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28 September 2010 |
| August 2010 |
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20 August 2010 |
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Whether the plaint disclosed a cause of action for specific performance and should proceed to trial; appeal dismissed.
Civil procedure — Pleading — Cause of action — A cause of action is a bundle of facts giving rise to a right to relief; courts assume facts in the plaint true when deciding if a cause of action is disclosed. Pleading — Strike out under order 7 rule 11 — Factual disputes (agency, timing, mode of payment, passing of title) are triable issues and not proper grounds for striking out where the plaint, on its face, discloses a cause of action. Amendment — Defects in pleadings may be cured by amendment or by ordering further and better particulars. Res judicata — Earlier proceedings did not bar the later suit where cause of action was properly pleaded.
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17 August 2010 |
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Court upheld murder conviction on reliable visual identification and confirmed the death sentence; minor inconsistencies were immaterial.
* Criminal law – murder – visual identification – reliability of eyewitness identification at night by torchlight. * Evidentiary inconsistencies – immaterial discrepancies regarding scene description do not necessarily vitiate conviction. * Appeals – scope of re-evaluation by appellate courts and deference to trial judge’s credibility findings. * Sentence – mitigation considered; death sentence confirmed in absence of mitigating circumstances.
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17 August 2010 |
Civil Procedure|Appeals and reviews
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17 August 2010 |
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17 August 2010 |
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The IGG has no civil capacity to challenge court judgments; Section 19 bars it from reviewing or investigating matters before courts.
Constitutional and statutory limits on Inspectorate of Government: IGG lacks implied corporate personality or civil capacity to sue; Section 19(1)(a) and (c) bars IGG from questioning or reviewing court decisions and from investigating civil matters pending or commenced before the courts; Attorney General remains principal legal representative of the State; protection of judicial independence and finality of judgments.
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17 August 2010 |
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17 August 2010 |
| July 2010 |
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Court granted interim injunction restraining newspaper from publishing prejudicial material about a pending appeal.
Inherent judicial powers – interim injunctions against non-parties (media) – subjudice publications – procedural citation of rules – balancing freedom of the press with protection of pending proceedings.
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30 July 2010 |
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Interim stay of execution requires convincing evidence of imminent irreparable harm; speculative allegations are insufficient.
* Civil procedure – Stay of execution – Interim relief – Requirement of convincing evidence of imminent execution or irreparable harm before a single judge will grant stay – Rule 6(2)(b) of the Rules. * Evidence – Speculative allegations unsupported by affidavit/rejoinder insufficient to justify interim injunction-like relief. * Land disputes – Declaratory/res judicata orders do not constitute executable decrees absent extraction and application for execution.
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30 July 2010 |
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Civil Procedure|Interlocutory Order|Stay of Execution
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30 July 2010 |
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The respondents' failure to pay the purchase balance and acquiescence in the sale of part of the land absolved the appellant of breach.
Contract – Sale of land – breach – supplementary agreements – acquiescence and waiver – proof of fraud – remedies – proper evaluation of evidence on appeal – specific performance – equitable relief.
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8 July 2010 |
| June 2010 |
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Civil Procedure|Injunction|Interlocutory Order
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30 June 2010 |
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Civil Procedure|Slip Rule
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25 June 2010 |
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Family|Health|Liberty|Children|HR
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2 June 2010 |
| May 2010 |
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Civil Procedure|Interlocutory Order|Stay of Execution
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20 May 2010 |
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14 May 2010 |
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Appellant failed to prove that procedural non-compliance at one polling station substantially affected the parliamentary election result.
Parliamentary Elections Act — s.50 Declaration of Results — use of non-prescribed DR form; s.61 grounds to set aside election — requirement that non-compliance substantially affect results; burden of proof — balance of probabilities; admissibility and weight of observer reports and independent voter witnesses; late amendment of petition and limits on second appeal.
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14 May 2010 |
| April 2010 |
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Civil Procedure|Appeals and reviews|Second Appeal
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13 April 2010 |
| March 2010 |
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31 March 2010 |
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Omission of particulars in petition affidavit was irregular but not fatal without prejudice; bribery evidence justified nullifying the election.
Election law – election petitions – particulars in supporting affidavit – procedural irregularity versus prejudice; fair hearing – constitutionally guaranteed; appellate re-appraisal of evidence – scope and standards; bribery as illegal practice – one proved act sufficient to nullify election.
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31 March 2010 |
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IGG is not the Article 83(1)(e) tribunal; removal and election disqualification were declared unconstitutional.
Leadership Code – Article 83(1)(e) – meaning of "appropriate tribunal"; IGG’s investigatory/enforcement powers do not make it a tribunal; separation of investigatory and adjudicatory functions; right to fair hearing; disqualification from nomination under Leadership Code.
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31 March 2010 |
| February 2010 |
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Criminal law|Evaluation of Evidence
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3 February 2010 |
| January 2010 |
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Civil Procedure|Appeals and reviews
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28 January 2010 |
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28 January 2010 |
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27 January 2010 |
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The Court held PPDA’s intervention and recommendations lawful; appellant’s late bid did not confer enforceable procurement rights.
Public procurement — Administrative review and complaints procedure (ss.90–91, Regulations 136–140) — Delegation of Board functions to Executive Director — Validity of PPDA meetings and recommendations — Halt/cancellation of procurement process and bidder status — Regulation 57(4) obligations.
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25 January 2010 |
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25 January 2010 |
