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Citation
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Judgment date
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| November 2019 |
|
|
|
29 November 2019 |
|
Identification and corroborative circumstantial evidence can destroy an alibi; remand time need not be arithmetically deducted pre-Rwabugande.
Criminal law – identification evidence and alibi; evaluation of minor inconsistencies; corroborative circumstantial evidence; prosecution’s discretion on witnesses; remand period credit and sentencing principles; standard of review in second appeals.
|
29 November 2019 |
|
|
28 November 2019 |
|
|
28 November 2019 |
|
|
28 November 2019 |
|
A defence placed on court record within 15 days, even if served slightly later due to registry delays, bars default judgment.
Civil procedure – Filing of defence – Order 8 r.19 and Order 9 r.1 – Filing is two-step: registry endorsement (court record) and service on opposite party; defence on record prevents default judgment; registrar delays may justify service after 15 days. Counterclaim – treated as fresh suit; service triggers reply period. Costs – costs to abide result of main suit.
|
28 November 2019 |
|
|
28 November 2019 |
|
|
27 November 2019 |
|
|
27 November 2019 |
|
|
21 November 2019 |
|
|
21 November 2019 |
|
Convicted murderer denied bail pending appeal; appeal prospects and medical evidence did not establish exceptional circumstances.
Bail pending appeal – Rule 6(2)(a) – exceptional circumstances required – prospects of success must be demonstrable (memorandum alone insufficient) – delay speculative – health grounds require evidence that prison cannot manage condition – offences involving personal violence weigh against bail.
|
20 November 2019 |
|
|
20 November 2019 |
|
|
15 November 2019 |
|
|
15 November 2019 |
|
|
11 November 2019 |
|
|
7 November 2019 |
|
|
7 November 2019 |
| October 2019 |
|
|
|
31 October 2019 |
|
|
21 October 2019 |
| September 2019 |
|
|
|
26 September 2019 |
|
Supreme Court reinstated an appellant's co-ownership of land, recognizing fraud and breach of contract by the respondent.
Land Law – Trusts and breaches – Fraud – Contractual obligations and misrepresentation – Land transfer and concealment of consideration – Remedies and damages in breach of trust.
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19 September 2019 |
|
|
19 September 2019 |
|
|
19 September 2019 |
|
|
19 September 2019 |
|
Extension of time to file a notice of appeal dismissed for lack of sufficient reason and dilatory conduct by the State.
* Criminal procedure – extension of time to file notice of appeal – requirements under section 28 CPC and Rule 5 Supreme Court Rules; sufficient reason must relate to inability to take the step in time.
* Extension of time – dilatory conduct – negligence by State agents is not a sufficient reason to extend time.
* Appeals – acquittals – Director of Public Prosecutions’ right to appeal and procedural vigilance required when judgment is delivered in absence of State officers.
* Discretionary relief – consideration of prejudice and injustice to parties when deciding extension applications.
|
18 September 2019 |
|
|
5 September 2019 |
|
|
5 September 2019 |
|
|
5 September 2019 |
|
|
5 September 2019 |
| August 2019 |
|
|
|
29 August 2019 |
|
|
29 August 2019 |
|
|
29 August 2019 |
|
|
22 August 2019 |
|
|
22 August 2019 |
|
|
22 August 2019 |
|
An appeal against sentence severity will not succeed absent illegality or manifest excess; 35-year term for murder affirmed.
Criminal law – Sentencing – Appeal against severity of sentence – appellate interference only where sentence illegal, manifestly excessive or based on failure to consider material circumstance; mitigating factors (youth, intoxication, first offender) weighed against aggravating factors (planned, brutal killing; rarest of the rare) – 35 years imprisonment for murder affirmed.
|
9 August 2019 |
|
|
6 August 2019 |
| July 2019 |
|
|
|
25 July 2019 |
|
|
25 July 2019 |
|
|
18 July 2019 |
|
|
5 July 2019 |
| June 2019 |
|
|
|
28 June 2019 |
|
|
28 June 2019 |
|
Supreme Court declines to hold Attorney General in contempt for delayed electoral reforms, but issues new compliance deadlines and directives.
Constitutional law – Civil contempt of court – Supreme Court orders for implementation of electoral reforms – Attorney General’s duty to follow up and report – Wilfulness and mala fides in non-compliance – Judicial oversight of Executive compliance – Remedies and progressive reporting.
|
25 June 2019 |
|
|
25 June 2019 |
| May 2019 |
|
|
|
19 May 2019 |
| April 2019 |
|
|
|
25 April 2019 |
|
|
18 April 2019 |
|
Criminal law
|
17 April 2019 |
