Supreme Court of Uganda - 2010 December

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6 judgments

Citation	Judgment date
December 2010
Oil Seeds (U) Limited v Uganda Development Bank (Civil Appeal 9 of 2009) [2010] UGSC 35 (22 December 2010) 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.	22 December 2010
Oil Seeds (U) Ltd v Uganda Development Bank [2010] UGSC 23 (22 December 2010) 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.	22 December 2010
F.L Kaderbhai & Anor. Vs.Shamsherali Zaver Virji [2010] UGSC 20 (9 December 2010) 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.	9 December 2010
Kaderbhai v Shamsherali (Civil Appeal 10 of 2008) [2010] UGSC 37 (9 December 2010) 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.	9 December 2010
Sewanyana Livingstone Vs. Uganda (Criminal Appeal 19 of 2006) [2010] UGSC 16 (9 December 2010) 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.	9 December 2010
Kasirivu Atwooki & 3 Ors v Bamurangye Baroroza & 53 Ors [2010] UGSC 25 (8 December 2010) 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.	8 December 2010