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Citation
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Judgment date
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| December 1990 |
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Leave to appeal to the Court of Appeal granted due to High Court procedural irregularities; appeal properly against an order.
* Civil procedure – Leave to appeal to Court of Appeal – Procedural irregularities where a ruling was delivered instead of a judgment – Appropriate statutory route under Appellate Jurisdiction Act 1979 (s.5(1)(a)/(b) v s.5(2)(c)).
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31 December 1990 |
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Plaintiff failed to prove defendants’ control, knowledge or negligence for a child’s electrocution on an advertising structure; claim dismissed.
Occupiers’ liability — duty to trespassers/children — dangerous advertising structures — proof of ownership/control of structure — negligence and causation in electrocution deaths — liability of electricity supplier.
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28 December 1990 |
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Whether grandchildren of a predeceased daughter inherit intestate where the daughter was not an heir at the time of death.
Intestate succession — entitlement of collateral heirs — representation of predeceased child — whether grandchildren (issue of predeceased daughter) inherit where daughter was not an heir at intestate's death — half‑brother's claim to entire estate.
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21 December 1990 |
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An appellant cannot use the readmission provision (meant for the DPP) to set aside dismissal for non-appearance; application refused.
Criminal procedure – appeal dismissed for non-appearance – statutory readmission provision limited to non-appearance by Director of Public Prosecutions – appellant or counsel cannot invoke that remedy – appellate court lacks revisional jurisdiction to reopen dismissal for appellant's non-attendance.
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21 December 1990 |
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Registered title and survey evidence prevail over unproved occupation; unpleaded counterclaim properly excluded.
Land law — Registered certificate of title and associated survey evidence; occupation claims — evidentiary insufficiency of uncorroborated oral possession to displace title; court-ordered survey (suo motu) to locate beacons; procedural requirement that counterclaims be pleaded; appellate review on reconstructed record.
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20 December 1990 |
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Identification by multiple witnesses satisfied proof of identity; conviction and seven-year sentence for attempted robbery with violence affirmed.
* Criminal law – Identification evidence – Sufficiency of contemporaneous visual identification by multiple witnesses without an identification parade. * Criminal law – Attempted robbery with violence – proof of intent and overt acts. * Sentencing – Appropriateness of prescribed seven-year sentence for robbery/attempted robbery with violence.
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19 December 1990 |
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Conviction for violent robbery upheld on direct and voice identification; sentence reduced from illegal 32 years to lawful 30 years imprisonment.
* Criminal law – Robbery with violence – Identification – eyewitness and aural (voice) identification admissible and reliable where witness familiar with accused. * Criminal procedure – Alibi – unsupported alibi and absence from usual residence may be inconsistent with innocence. * Sentencing – District Court’s power – sentence above statutory maximum unlawful; appellate reduction to lawful maximum.
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19 December 1990 |
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Appellant’s convictions for breaking and stealing quashed; substituted conviction as accessory after the fact and two‑year sentence imposed.
Criminal law – sufficiency of evidence – breaking into dwelling and stealing (s.265 Penal Code) – whether presence and carrying parcel establishes guilt as principal – circumstantial evidence – accessory after the fact (s.333 Penal Code) – substitution of conviction and sentence on appeal.
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19 December 1990 |
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Child-witness safeguards under s127 were not complied with; conviction quashed for lack of required findings and corroboration, retrial ordered.
* Evidence Act s127 – reception of evidence of child of tender years – court must record opinion that child possesses sufficient intelligence and understands duty to speak truth (s127(2)).
* Evidence Act s127 – caution and need for corroboration where child evidence is relied upon (s127(3)).
* Criminal procedure – insufficiency of PF3 to identify offender – lack of corroboration undermines conviction based solely on child testimony.
* Appeal – convictions quashed for failure to comply with statutory safeguards; retrial ordered for serious offence.
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19 December 1990 |
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Two appellants’ convictions quashed for lack of proof of possession; one appellant’s conviction and five-year minimum sentence upheld.
* Criminal law – possession/receiving stolen property – proof of possession – requirement of evidential link between accused and specific stolen item. * Evidence – identification of property – prompt identification by complainant and police comparison of seized items. * Sentencing – Minimum Sentences Act – prescribed five-year minimum for receiving stolen property where theft occurred during burglary/housebreaking.
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19 December 1990 |
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Conviction for stealing by servant upheld on recent possession and escape; five‑year sentence confirmed.
Criminal law – Theft by servant – recent possession doctrine – inference from attempted escape and admission – proof of ownership – sentencing – Minimum Sentences Act (scheduled offence misclassification but sentence upheld).
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19 December 1990 |
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Reported
Civil Practice and Procedure - Appeal - Failure to join an affected party as Second Respondent - Effect. |
17 December 1990 |
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An ex parte interim injunction restraining dealings in disputed land was set aside and the substantive suit ordered to proceed.
Civil procedure – interim (ex parte) injunction – application to set aside an ex parte interlocutory injunction – competing claims of equitable interest by improvements to land – procedural remedy vacated pending substantive determination.
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4 December 1990 |
| November 1990 |
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The applicant’s prolonged acceptance of rent and delay estops him from evicting the respondent for renovation.
* Tenancy law – vacant possession – owner’s claim to repossess for renovation – need to show genuine requirement and alternative accommodation.
* Abandonment – occupation by family member and acceptance of rent negates abandonment.
* Rent acceptance – long acceptance of rent constitutes estoppel and supports tenant status against trespass allegation.
* Laches – prolonged inaction by landlord (16 years) defeats repossession claim.
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23 November 1990 |
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Trial court properly dismissed charge under s.205 after prosecution's repeated, unjustified adjournments and failure to present witnesses.
* Criminal procedure – adjournments – limits on prosecution delays – trial court's duty to control proceedings and ensure justice is done and seen to be done. * Criminal Procedure Code s.205 – dismissal of charge for failure of prosecution to present evidence after reasonable opportunity. * Prosecutorial conduct – repeated adjournments and lack of seriousness may justify acquittal under s.205.
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17 November 1990 |
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Appellate court allowed prosecution’s appeal, set aside acquittal and convicted respondent for theft of a pistol and ammunition.
Criminal law – Appeal against acquittal – Whether evidence of possession and circumstances of recovery can support inference of theft – Appellate intervention where trial court’s acceptance of accused’s explanation is contrary to the evidence.
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16 November 1990 |
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Appeal challenging eyewitness identification in a robbery with violence was dismissed; conviction and sentence affirmed.
* Criminal law – robbery with violence – issue of identification – reliability and credibility of eyewitness identification; evaluation of identification under prevailing circumstances.
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16 November 1990 |
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Conviction for housebreaking and theft upheld on confessions and corroborative circumstantial evidence despite alleged magistrate bias.
Criminal law – housebreaking and stealing; circumstantial evidence and confession; admissibility and weight of confessions to relatives; alleged judicial bias and recusal; identification of stolen property.
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15 November 1990 |
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Restoration of seized vehicle upheld where seller had not received payment; civil remedy lies against the cheque drawer.
Criminal appeal — restoration of exhibit — ownership and possession — payment by cheque — whether seller received consideration — remedy against drawer of cheque; holder in due course issues.
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12 November 1990 |
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Dowry is not refundable while marriage subsists; consent judgment ordering refund and against a non‑party was set aside.
Family law – Dowry (bridewealth) – refund – marriage presumed valid and subsisting until dissolution – refund not orderable absent divorce; Civil procedure – consent judgment and evidence – Primary Court’s recording of admissions and ordering payment against non-party invalid.
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10 November 1990 |
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Second appeal upholds primary findings: marriage irreparably broken and appellant awarded shs 20,000 compensation.
* Family law – marriage breakdown – finding that marriage irreparably broken – primary court findings on matrimonial assets upheld on appeal
* Matrimonial property – ownership vs joint acquisition – house held to have been acquired before marriage, not jointly built
* Evidence – unstamped document held admissible where witnesses testify to its making and contents
* Appeal – second appeal: appellate court will not disturb trial findings of fact absent patent error in process
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9 November 1990 |
| October 1990 |
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Appellant’s convictions upheld where accomplice testimony was sufficiently corroborated and trial court credibility findings were affirmed.
* Criminal law – accomplice evidence – requirement of corroboration under section 142 of the Evidence Act – circumstances may corroborate accomplice testimony. * Criminal law – forgery and receiving stolen property – proof by documentary and circumstantial evidence. * Evidence – identification and credibility – appellate review of trial magistrate’s findings.
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25 October 1990 |
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Appellate court affirms that disputed properties were matrimonial assets, dismissing the appellant’s challenge for lack of contrary evidence.
Civil appeal — factual findings on ownership of property — matrimonial assets — sufficiency of evidence — appellate review and confirmation of lower courts' findings.
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23 October 1990 |
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Plaintiff awarded repayment of purchase monies where vendor lacked title; general damages not proved.
Contract law – breach of contract; recovery of purchase monies where vendor cannot transfer title – entitlement to repayment; proof required for general damages; ex parte judgment for failure to file defence.
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12 October 1990 |
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Trial court misapplied shifted burden; absence of DPP consent made prosecution unlawful, so conviction quashed.
* Criminal law — possession of suspected stolen property — shifted evidential burden on accused — accused need only give a reasonable explanation, not prove innocence to an excessive standard. * Criminal procedure — search under s.18(1) Criminal Procedure Act — mandatory requirement of DPP consent under s.18(4) before commencing prosecution — failure renders proceedings illegal. * Evidence — corroborative receipt and witness testimony can satisfy the required reasonable explanation.
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10 October 1990 |
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Convictions upheld but armed robbery reduced to ordinary robbery; juvenile doubt resolved for first appellant, resulting in corporal punishment and second appellant given 15 years.
Criminal law – Identification – Sufficiency of eye-witness identification evidence; Criminal law – Robbery v. armed robbery – nature of weapons required to attract "armed robbery" minimum; Sentencing – Minimum Sentences Act applicability to juveniles; Children and Young Persons Ordinance – treatment and sentencing of young persons; Corporal Punishment Ordinance – availability of corporal punishment as alternative to custodial minimum for youth.
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10 October 1990 |
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Circumstantial evidence insufficient to convict the respondent where reasonable innocent explanations and shared access existed.
Criminal law – Circumstantial evidence – Must be incompatible with any reasonable hypothesis of innocence before supporting conviction – Exclusive possession of keys not determinative where access by others and no direct evidence.
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10 October 1990 |
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Conviction upheld on unchallenged oral evidence and admission; sentence reduced for youth, first-offender status and part-payment.
Criminal law – Theft by public servant – sufficiency of evidence without formal inventory; weight of complainant’s unchallenged oral testimony; admission and part payment as corroboration – Sentencing – excessive custodial sentence where offender is young, a first offender and has made partial compensation; variation of compensation to deduct prior payments.
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10 October 1990 |
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Appellate court upholds trial court's absolute discharge where provocation from complainant’s adultery justified leniency.
Criminal law – Wounding (s.228 Penal Code) – Discharge instead of punishment (s.15 Penal Code) – Provocation by complainant’s adulterous conduct as mitigating factor – Appellate interference with trial court discretion.
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10 October 1990 |
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Prosecution failed to prove unlawful possession of government trophies beyond reasonable doubt; acquittal upheld.
* Criminal law – possession of government trophies – proof beyond reasonable doubt – need for reliable, non-contradictory witness evidence and corroboration.
* Evidence – contradictions in prosecution witnesses and insufficiency of uncorroborated co-accused statements to support conviction.
* Appeal – appellate court will not interfere where trial court reasonably found prosecution failed to prove the case.
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5 October 1990 |
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Court applied sections 100–101 Evidence Act: oral evidence cannot displace written transfer absent proven exceptions; subject house declared sole property of respondent.
Probate/Administration — Disposition of property reduced to writing — Admissibility of extrinsic oral evidence under Evidence Act sections 100 and 101 — Exceptions (fraud, mistake, illegality, lack of consideration) must be proved — Documentary registry entries carry decisive weight.
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4 October 1990 |
| September 1990 |
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29 September 1990 |
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Application to restore a withdrawn appeal dismissed after court finds applicant’s affidavit false and withdrawal made with consent.
Civil procedure – Restoration of appeal – Withdrawal of appeal – Credibility of conflicting affidavits – Whether court should exercise inherent powers to restore withdrawn appeal.
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28 September 1990 |
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Court upheld an appeal withdrawal as valid where counsel’s credible affidavit showed the applicant’s knowledge and consent, dismissing the challenge.
Civil procedure – withdrawal of appeal by counsel – validity and effect of withdrawal – evidentiary weight of competing affidavits – consent of client required and presumed where credible affidavit shows presence and assent.
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28 September 1990 |
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Robbery conviction quashed; substituted conviction for receiving stolen vehicle based on possession and conduct.
Criminal law – Identification evidence – Sufficiency of identification for robbery convictions – Recent possession of stolen property – Receiving stolen property (section 311(1) Penal Code) – Appellate substitution of conviction and alteration of sentence.
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28 September 1990 |
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Court taxed a contested bill of costs, reducing excessive claims, striking ordinary/unproven items, and fixing total at Shs 15,000.
Costs — Taxation of bill of costs — Excessive claims reduced — Lack of receipts disallows or reduces disbursements — Items ordinarily payable struck off — Court may temper full compensation by parties’ means.
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27 September 1990 |
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Conviction and sentence for stealing by conversion upheld, but forfeiture of money set aside for want of proof of ownership.
Criminal law – theft by conversion – conviction supported by evidence; retracted confession – need for corroboration and availability of corroborative material; retrial (de novo) – only ordered where original trial illegal or defective; sentence – not excessive; forfeiture of property – appellant entitled to benefit of doubt where ownership uncertain.
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25 September 1990 |
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An ambiguous guilty plea and lack of prosecutorial facts rendered the conviction unsafe; proceedings were quashed for rehearing.
* Criminal law – revision – conviction on ambiguous plea – requirement that facts be adduced before taking plea.
* Plea of guilty – must be unequivocal; mitigation asserting accident requires trial and evidence on culpable negligence.
* Evidence – need for PF3/medical report to establish extent of injuries for conviction and sentencing.
* Sentencing – s.225 Penal Code (grievous harm) carries custodial maximum; short fine was manifestly inadequate.
* Criminal Procedure – bail restrictions (s.140(5)(e)) and serious assault considerations.
* Remedy – proceedings quashed and matter ordered reheard under revisionary jurisdiction.
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24 September 1990 |
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Applicant’s application granted: respondent’s appeal deemed withdrawn for failure to institute appeal within prescribed time and no explanation.
Civil procedure – Appeal procedure – Failure to institute appeal within prescribed time – Rule 84(a) Court of Appeal Rules – Notice of appeal deemed withdrawn – Costs awarded for defective prosecution.
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21 September 1990 |
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Conviction quashed where opportunity alone and inadequate evidence could not prove theft beyond reasonable doubt.
Criminal law – conviction – sufficiency of evidence – opportunity alone insufficient to sustain a conviction – appellate review where trial magistrate misdirects himself and conviction rests on conjecture.
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17 September 1990 |
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An applicant who must litigate for prerogative relief is entitled to costs despite the Government’s late concession.
* Judicial review/prerogative writs – certiorari/mandamus – entitlement to costs against Government
* Costs – effect of Government concession/alternative remedy after litigation commenced
* Public law – whether Crown/Government immune from costs in prerogative writ proceedings; English authority not followed absent statute
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14 September 1990 |
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The appellant’s convictions for forgery, uttering and obtaining money by false pretences were upheld; omissions in particulars were not fatal.
Criminal law – Forgery – Handwriting and documentary evidence – Uttering forged document – Obtaining money by false pretences – Participation in fraudulent enterprise – Omission of particulars in indictment not fatal where no prejudice.
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10 September 1990 |
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10 September 1990 |
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Appeal dismissed; conviction for theft by public servant and five-year minimum sentence upheld.
* Criminal law – Theft by public servant – Use of payment vouchers and cheques as evidence of misappropriation. * Appeal – Appellate review of trial court's findings of fact and credibility – where documentary and testimonial evidence is compelling, findings will not be disturbed. * Sentencing – Application of Minimum Sentence provision where stolen monies exceed statutory threshold and belong to a specified authority.
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8 September 1990 |
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High Court upheld grant of bail but varied and tightened defective bail conditions to secure attendance.
* Criminal procedure – Bail – Exercise of discretion by subordinate court – When appellate court may vary bail conditions. * Bail conditions – Sureties, immovable property and deposit of title deeds as adequate security. * Supervisory jurisdiction – High Court may revise inadequate or vague bail terms despite not overturning grant of bail.
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5 September 1990 |
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Appeal allowed: convictions based on inconclusive circumstantial evidence and shifted burden were quashed and sentences set aside.
Criminal law – Stealing by servants – Circumstantial evidence – Burden of proof – Improper shifting of burden to accused – Insufficient evidence to sustain conviction – Appellate revision to quash conviction of non‑appealing co‑accused.
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5 September 1990 |
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Appeal allowed: gifts given in contemplation of marriage must be recovered from the recipient; father wrongly sued.
Law of Marriage Act – s.69 (damages for breach of promise to marry) v s.71 (return of gifts given in contemplation of marriage) – Distinction between causes of action – Proper plaintiff/defendant for recovery of gifts – Insufficiency of evidence to prove claimed quantum – Appellate intervention to quash confused and unsupported awards.
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4 September 1990 |
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The court dismissed the plaintiff's suit for want of prosecution after an unexplained non-appearance and refused an inadequate adjournment.
Civil procedure – non-appearance at hearing – adjournment – insufficiency of speculative reasons – dismissal for want of prosecution – costs awarded to respondent.
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1 September 1990 |
| August 1990 |
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Appellant’s sodomy and armed robbery convictions upheld based on reliable identification, medical and circumstantial corroboration.
* Criminal law – Sexual offences – Sodomy (unnatural offence) – necessity of corroboration and identification in sexual offences; medical evidence (anal laceration, spermatozoa) as corroboration. * Criminal law – Circumstantial evidence and eyewitnesses – scene observations and nearby witnesses corroborating victim’s account. * Criminal law – Armed robbery – use of weapon, seizure and admission of knife as supporting evidence. * Sentencing – appropriateness; statutory minimum for serious robbery upheld.
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31 August 1990 |
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Whether theft convictions were supported by admissible evidence and whether the omnibus sentence was proper.
Military criminal appeal – theft by agent – credibility of alleged handing-over of funds – reliance on viva voce evidence; conviction based on hearsay and failure to call material prosecution witness – conviction unsafe and quashed; sentencing – omnibus sentence incorrect, appropriate concurrent sentences considered.
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29 August 1990 |