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25 judgments found.
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November 2004
Letters of administration granted after intestacy found, proper notice published and procedural formalities satisfied.
Civil procedure — Probate and administration
— compliance with procedural formalities
— directions to administrator
— due diligence in search for a will
— Grant of letters of administration
— Intestacy
— publication of notice and lapse of objection period
4 November 2004
October 2004
Court taxed bill of costs at Shs. 551,500 allowing instruction fee and adjusted attendance and fare allowances.
Taxation of costs; compliance with Government Notice 515/91 on instruction fees; assessment of attendance allowances and travel/fare disbursements; receipted disbursements taxed as presented.
20 October 2004
September 2004
The plaintiff's suit was dismissed as res judicata: the prior Primary Court judgment decided the same cause of action.
Civil procedure
— Pleadings — Court may consider res judicata suo motu or when raised without prior leave or notice
— Res judicata — applicability where prior suit finally decided by a competent court under section 9 CPC — Civil Procedure Code s 9
8 September 2004
August 2004
High Court held the executing‑court order enforcing a ministerial decision is appealable and granted an interim stay for the applicant.
Civil procedure — Execution
— Security of Employment Act s27(1)(c)
— existence of decree
Civil procedure — Preliminary objections — issue estoppel: — Whether dismissal for incompetency is final to found estoppel
Civil procedure — Stay of execution
30 August 2004
Whether an executing court’s enforcement order of a ministerial decision is appealable and stayable.
Civil procedure
— Execution — Whether High Court may stay execution after notice of appeal lodged — Civil Procedure Code ss.3, 36, 38, 70
— Stay of execution — Order XXXIX r.5(3) CPC — Unreasonable delay in filing application for stay (Order XXXIX r.5(3)(b))
Evidence — Estoppel — Whether an interlocutory ruling dismissing revision on competency grounds constitutes estoppel by matter of record
30 August 2004
July 2004
25 July 2004
An inconsistent bereavement excuse did not establish sufficient cause to extend time for filing an appeal.
Civil procedure — extension of time/leave to appeal out of time — sufficiency of cause — bereavement as excuse — credibility of affidavit versus oral evidence
15 July 2004
9 July 2004
Conviction quashed where visual identification evidence was not watertight; sentence and compensation set aside.
Criminal law — Robbery — Visual identification
6 July 2004
June 2004
22 June 2004
May 2004
Convictions for forest‑reserve offences upheld, but sentences reduced and fines substituted due to youth and first‑offender mitigation.
Criminal law
— sentencing — discretion and mitigation — youth and first‑offender status can justify substitute fines and reduced custodial terms on appeal
— unlawful entry, grazing and damage in forest reserve — sufficiency of eyewitness evidence despite absence of physical exhibits
Criminal procedure — duplicity — particulars in a count not rendering charge void where statutory provision covers charged acts
31 May 2004
A surcharge decision made after discussing a prejudicial audit report without hearing the affected person is void.
Commercial law — Societies act
— audi alteram partem
— audit/inspector’s report
— constitutional right to be heard (Article 13(6)(a))
— decision void for want of fair hearing
— surcharge
18 May 2004
Applicant's ignorance of appeal rights or procedure did not constitute sufficient cause for extension of time to appeal.
Civil procedure
— Extension of time to appeal — Application of Lyamuya factors — Trial court's failure to inform of appeal rights or advise on procedure not automatically sufficient
— leave to appeal to Court of Appeal — Test: reasonable prospect of success — Applicant must show overwhelming chances of success to justify extension
14 May 2004
April 2004
Appeal allowed: seizure justified; compounding valid; awards for missing cash and general damages set aside.
Customs law — Customs/revenue law
— assessment of damages
— compounding
— evidential burden for cash on board
— finality of compounding orders
— presumption of ownership of registered vehicle rebuttable
— seizure and impounding of vehicle carrying suspected uncustomed kerosene
30 April 2004
Reported
Court confirms respondent as sole administratrix, quashes trial court’s joint appointment and improper asset-surrender order.
Appellate practice — Appellate review — District/High Court confirmation of appointment and quashing of irregular orders
Civil procedure
— Primary court’s power — invalidity of ordering administrators to surrender estate assets to court for distribution
— Probate/administration — Appointment of administrator — fitness and qualifications of administrator — duty to collect, safeguard, account and distribute estate assets
14 April 2004
March 2004
Appellant’s conviction for causing death by dangerous driving upheld: failure to reduce speed, not braking or hooting, and stopping distance proved dangerous driving.
Road traffic law — Road traffic act
— causing death by dangerous driving
— speeding can amount to dangerous driving
26 March 2004
Failure to serve the mandatory section 97 notice before suing a municipal authority renders the suit incompetent and it was struck out.
Civil procedure — Preliminary objections — procedural competence and compliance with statutory pre‑suit notice — Local Government (Urban Authorities) Act s 97
18 March 2004
Failure to comply with Order 9 procedures and to attach the decree renders an appeal against an ex parte judgment incompetent.
Civil procedure
— Ex parte decree — Construction of section 70(2) — Section 70(2) of the Civil Procedure Code is not an independent remedy circumventing Order 9 procedural safeguards
— Setting aside ex parte judgment — Proper remedy is application to the court which passed the decree under Order 9 r.13 — Order 9 rule 13(1)-(2) of the Civil Procedure Code
16 March 2004
February 2004
Applicant’s claim of emergency hospitalisation insufficiently proved; restoration of appeal dismissed.
Civil procedure — Restoration of appeal dismissed for want of prosecution — unsupported/undated annexures and bald affidavit insufficient
27 February 2004
Reported
Civil procedure — Probate and administration — intestate succession — Appointment of Administrator or Administratrix — Necessary considerations for appointment
23 February 2004
16 February 2004
Acquittal where prosecution failed to prove the accused inflicted the fatal blow; reasonable doubt remained.
Criminal law — Murder — identification of assailant where multiple persons involved and one escapes — burden of proof and reasonable doubt leading to acquittal
11 February 2004
January 2004
Conviction based on uncorroborated child evidence without required voir‑dire findings was unsafe; retrial ordered.
Criminal law — Child evidence
— compliance with amendment on reception and assessment of child evidence — Evidence Act s.127(2),(7)
— voir dire and corroboration under s127 Evidence Act — Competency: understanding of oath and duty to speak truth (Evidence Act s127(2),(5))
16 January 2004
Convictions quashed where identification, circumstantial proof and exhibit chain were unreliable and witness credibility unassessed.
Criminal law
— Circumstantial evidence — Sufficiency of circumstantial evidence to support a conviction
— Visual identification — Reliability of identification evidence
Criminal procedure — Search and seizure — seizure and chain of custody
16 January 2004
Taxation: receipts required for disbursements; supported attendance fares allowed; loss-of-earnings claims disallowed.
Civil procedure
— Attendance fares — may be allowed if record supports attendances and amounts are reasonable for the year claimed
— Costs — Taxation of bill of costs — receipts mandatory for disbursements
— Loss of earnings — not recoverable by bill of costs, requires separate civil action
8 January 2004