|
Citation
|
Judgment date
|
| March 2023 |
|
|
|
7 March 2023 |
|
Prisoner transfers and prison officers' inaction can constitute good cause for extension of time to appeal.
Criminal procedure – extension of time under s.361(2) CPA – "good cause" – prisoner transfers and prison authorities' inaction as sufficient cause – uncontested affidavit taken as admitted.
|
7 March 2023 |
|
A credible victim's testimony can sustain the appellant's rape conviction without DNA or a police caution statement.
Criminal law – Rape – Victim's uncorroborated testimony – sufficient if credible; Pregnancy and age proof; DNA evidence optional; Medical evidence/PF3 admissible; Competency of medical witness; Caution statement not essential.
|
6 March 2023 |
|
Power of attorney limited to a mining licence did not confer locus standi to sue over land, rendering tribunal proceedings null and void.
Land law – Locus standi – Power of attorney – scope and effect of instrument – must be pleaded and reflected in title – proceedings instituted by person lacking authority are a nullity; Order III r.2(a) Civil Procedure Code; agency and limits of power of attorney.
|
6 March 2023 |
|
Affidavit containing hearsay, conclusions and prayers breached Order XIX Rule 3 and led to striking out the applicant's leave application.
Judicial review — leave to apply — supporting affidavit must comply with Order XIX Rule 3 CPC; Affidavit content — confined to facts within deponent's knowledge; no hearsay, conclusions, opinions or prayers; Remedy — expunge offending paragraphs if inconsequential; if substantive parts are defective application may be struck out; Authorities: Uganda v. Commissioner of Prisons (Ex parte Matovu); Jacquiline Ntuyabaliwe Mengi; Phantom Modern Transport; Ignazzio Messina
|
3 March 2023 |
|
|
2 March 2023 |
|
|
2 March 2023 |
| February 2023 |
|
|
|
28 February 2023 |
|
Failure to record a child’s promise to tell the truth warranted expungement of her evidence and quashing of the rape conviction.
Evidence Act s.127(2) – child of tender age must personally promise to tell the truth; mandatory recording of the child’s words – failure requires expungement of testimony; contradictions in dates and inconsistent medical evidence undermine prosecution; unexplained delay in reporting affects reliability.
|
28 February 2023 |
|
|
28 February 2023 |
|
|
28 February 2023 |
|
|
27 February 2023 |
|
Prisoner’s transfer and administrative delays constituted good cause to extend time to file notice of appeal and appeal.
Criminal Procedure – extension of time to lodge notice of intention to appeal and petition of appeal – s.361 CPA – "good cause" and discretion – prisoner transfer and administrative delay as valid grounds.
|
27 February 2023 |
|
Prison transfers and prison officers’ failures amounted to sufficient cause to extend time for filing an appeal; applicant showed diligence.
Criminal procedure – extension of time to file notice of intention to appeal and appeal out of time – s.361 Criminal Procedure Act and s.14 Law of Limitation Act – good cause requires fact-specific inquiry; reasons beyond applicant’s control (prison transfers, failure of prison officers to transmit documents) and applicant’s diligence can justify extension.
|
27 February 2023 |
|
|
24 February 2023 |
|
|
24 February 2023 |
|
Conviction quashed where prosecution failed to link exhibits to appellant and prove chain of custody beyond reasonable doubt.
Criminal law – unlawful possession of firearm and ammunition – burden of proof beyond reasonable doubt; Evidence – admissibility of seizure certificate tendered without objection; Expert evidence – identification of locally made firearms not always requiring expert report when not contested; Evidence – chain of custody/paper trail for physical exhibits; Witnesses – adverse inference where prosecution omits available material witness (motorcyclist) without explanation.
|
24 February 2023 |
|
|
23 February 2023 |
|
|
23 February 2023 |
|
|
22 February 2023 |
|
|
22 February 2023 |
|
Court granted extension to file notice of appeal, finding prison filing problems and a defective jurat constituted good cause.
Criminal procedure – extension of time – notice of intention to appeal – whether delay amounted to good cause under s.361(2) CPA. Limitation law – s.14(1) Law of Limitation Act – court’s discretion to extend time for reasonable or sufficient cause. Procedural irregularity – defective jurat on affidavit and prison filing delays as grounds for extension
Diligence – applicant’s promptness and attempts to pursue appeal considered
|
21 February 2023 |
|
|
21 February 2023 |
|
|
20 February 2023 |
|
Extension granted where prisoner's reliance on prison officers and transfer caused failure to file notice of appeal.
Criminal procedure – extension of time to file notice of intention to appeal and appeal out of time – s.361(2) Criminal Procedure Act
Limitation – extension of time – s.14(1) Law of Limitation Act; sufficient/good cause. Reliance on prison officers and transfer between prisons – omission beyond applicant's control; diligence of lay prisoner
|
20 February 2023 |
|
|
20 February 2023 |
|
Court granted extension to file notice and petition of appeal, holding applicants showed sufficient cause and diligence.
Criminal procedure – extension of time to file notice of intention to appeal and petition of appeal – s.361 Criminal Procedure Act and s.14(1) Law of Limitation Act – 'good' or 'sufficient' cause – factors: promptness, diligence, reasons beyond applicant's control; language barrier and procedural error as grounds.
|
20 February 2023 |
|
|
20 February 2023 |
|
Non-joinder of village council as necessary party vitiated land-tribunal judgment; appeal allowed and proceedings set aside.
Civil procedure – Non-joinder of necessary party; Order 1 r.10(2) CPC – court’s duty to add necessary parties; Land law – Certificate of Occupancy and need to trace allocation/survey/registration; Evidence – insufficiency of individual village leader testimony to replace institutional village council account.
|
17 February 2023 |
|
Applicant's unproven procedural error and ignorance did not justify extension of time; application dismissed with costs.
Civil procedure – extension of time – applicant must demonstrate sufficient cause and account for each day of delay – guiding factors include length of delay, reasons, prejudice and prospects of success. Procedural law – certificate of delay – failure to obtain or attach certificate is not excusable by ignorance
Evidence – submissions are not evidence; material facts must be pleaded in affidavit
|
17 February 2023 |
|
Appellant failed to prove land ownership; documentary evidence established respondent’s chain of title; appeal dismissed with costs.
Land law – ownership dispute; burden of proof – 'he who alleges must prove' – onus on claimant; admissibility and weight of sale agreements and family minutes; misjoinder/non‑joinder not fatal; occupancy by invitee/licensee does not confer title; appellate review of factual findings and credibility.
|
17 February 2023 |
|
Appellant failed to prove ownership; adverse possession cannot be used offensively; appeal dismissed with costs.
Land law – burden of proof in ownership claims; adverse possession as shield not sword; assessors’ opinion persuasive but not binding; minor witness contradictions not fatal.
|
17 February 2023 |
|
|
15 February 2023 |
|
|
15 February 2023 |
|
|
14 February 2023 |
|
Court held CMA had jurisdiction and respondent entitled to acting allowance despite no formal policy; revision dismissed.
Labour law – jurisdiction and limitation – cause of action arises on formal refusal to pay, not on earlier promise; sixty-day rule considered
Employment – acting appointment – performance of substantive duties can amount to acting appointment despite absence of formal promotion
Remuneration – acting allowance – entitlement may arise from established practice even without formal written policy; computation by salary net-difference upheld. Civil procedure – revision – appellate interference unwarranted where Arbitrator’s findings are supported by evidence
|
14 February 2023 |
|
|
14 February 2023 |
|
|
14 February 2023 |
|
|
14 February 2023 |
|
Extension of time to appeal refused for failure to prove court-caused delay or sufficient reason.
Limitation of actions – extension of time – sufficient cause required – burden of proof to show court-caused delay – exclusion of time under section 19(2) – need for corroborative evidence (affidavit/record) and accounting for days of delay.
|
10 February 2023 |
|
Court granted leave to seek judicial review of alleged ministerial deregistration and eviction, finding a prima facie case and sufficient interest.
Judicial review – leave to apply – requirements: promptness (within six months), arguable/prima facie case, sufficient interest.* Administrative action – broadcast versus formal decision – whether a public statement can be subject to judicial review to be determined in main application.* Procedural fairness – right to be heard and alleged infringement of property rights where deregistration and eviction are announced.* Interim relief – status quo applications and effect of existing administrative directions.
|
10 February 2023 |
|
|
9 February 2023 |
|
Financial hardship absent exceptional explanation and accounting for delay cannot justify extending time to file a bill of costs.
Limitation — extension of time — good cause required — Lyamuya criteria (account for delay, diligence, point of law) — financial hardship generally not sufficient unless exceptional — failure to account for each day of delay — inordinate delay (approx. ten months) — application dismissed with costs.
|
7 February 2023 |
|
Application to lift ex parte attachment improperly moved and supported by defective affidavit; preliminary objection upheld and application struck out with costs.
Civil procedure – attachment before judgment – lifting of ex parte garnishee/attachment order – proper procedure under Order XXXVI Rule 10 (not Rule 9) – overlapping applications and abuse of court process. Preliminary objection – competence of application – curability of wrong citation vs incurable procedural defect. Affidavit practice – inadmissible contents (hearsay, arguments, opinions) – expunction of offending paragraphs
|
7 February 2023 |
| January 2023 |
|
|
|
31 January 2023 |
|
|
30 January 2023 |